Gateway to Asia pwc Malaysia, international Islamic finance hub PricewaterhouseCoopers / 1
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Gateway to Asia pwc Malaysia, international Islamic finance hub PricewaterhouseCoopers / 1
Gateway to Asia Malaysia, international Islamic finance hub pwc PricewaterhouseCoopers / 1 In this more challenging global economic and financial environment, Islamic finance has remained dynamic with a steady pace of innovation and fast growing as its expansion gains further momentum. This has demonstrated not only its viability and resilience but also its ability to remain competitive. Tan Sri Dr. Zeti Akhtar Aziz Governor, Bank Negara Malaysia 2 / Gateway to Asia: Malaysia, international Islamic finance hub Foreword Over the last decade, Malaysia has made significant strides to progress as a major Islamic finance hub within the global sphere which includes a fast growing community of Islamic banks and takaful operators. The development of Islamic finance in Malaysia has been supported by firmly established financial infrastructure, institutions, regulatory frameworks and guidelines. Benchmarked against other Islamic finance centres in the world, Malaysia has the: • Largest Islamic capital market for both sukuk and Islamic equity • Second largest Islamic unit trust (mutual fund) and takaful market • Second largest Islamic finance education provider • Third largest Islamic banking market Among Malaysia’s recent key initiatives is to further liberalise its financial services market with the issuance of nine new licences to foreigners, marking a major milestone in the opening of its banking and insurance sectors. Four of these nine new licences are linked to Islamic banks and takaful and this supports Malaysia’s long-term vision to be a major international Islamic financial services hub. Worldwide, Islamic finance continues to be a key alternative and the fastest growing finance sector as awareness of its ethical attributes grows. We hope you find this publication insightful and welcome discussions on Islamic finance matters and opportunities in Malaysia and beyond. Mohammad Faiz Azmi Global Islamic Finance leader May 2010 PricewaterhouseCoopers / 3 DISCLAIMER ACKNOWLEDGMENT We would like to acknowledge Bank Negara Malaysia, Securities Commission Malaysia, Malaysia International Islamic Financial Centre and other organisations for the use of information extracted from their publications and websites. This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers in Malaysia, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. 4 / Gateway to Asia: Malaysia, international Islamic finance hub © 2010 PricewaterhouseCoopers. All rights reserved. “PricewaterhouseCoopers” refers to PricewaterhouseCoopers in Malaysia. As the context requires, “PricewaterhouseCoopers” may also refer to the network of member firms of PricewaterhouseCoopers International Limited (PwCIL), each of which is a separate legal entity. Each member firm is a separate legal entity and PricewaterhouseCoopers in Malaysia does not act as agent of PwCIL or any other member firm nor can it control the exercise of another member firm’s professional judgment or bind another member firm or PwCIL in any way. PricewaterhouseCoopers / 5 Malaysia: Islamic finance milestones Islamic finance institutions 1996 1984 Securities Commission Malaysia (SC) established Shariah Advisory Council Enactment of Takaful Act 1983 First takaful operator established 1993 Enactment of Islamic Banking Act 1969 Established Islamic savings institution, Pilgrim Fund Board or Tabung Haji 1970 Conventional banks allowed to set up Islamic banking windows First Islamic bank established 1980 1997 First sukuk based on Bai’ Bithaman-Ajil Founding member and host country of the Islamic Financial Services Board (IFSB) 2000 1990 1990 2002 Bank Negara Malaysia (BNM), the central bank, established the National Shariah Advisory Council 1999 Launch of Kuala Lumpur Shariah Index (KLSI) 2001 - 2002 World’s first global corporate sukuk and first Ijarah corporate sukuk World’s first global sovereign sukuk Islamic finance products 1 2 International Finance Corporation is a private arm of the World Bank Bursa Malaysia operates the national stock and futures exchanges 6 / Gateway to Asia: Malaysia, international Islamic finance hub 2010 BNM to issue two new licences for both Islamic banking and takaful 2005 Banks with Islamic banking windows allowed to convert to Islamic bank Issuance of three foreign Islamic bank licences to Kuwait Finance House, Al Rajhi Bank and Asian Finance House Bank 2006 Establishment of the Malaysia International Islamic Financial Centre (MIFC) initiative Establishment of the International Centre for Education in Islamic Finance (INCEIF) 2008 Establishment of the International Shari’ah Research Academy for Islamic Finance (ISRA) 2009 Foreigners allowed to take up to 70% stake in Islamic banks and takaful operators, up from 49% New blueprint for financial services sector Second capital market master plan 2010 2003 2004 First Islamic asset-backed securities (ABS) Issuance of Ringgit sukuk by supranational body, International Finance Corporation1 2005 First Musharakah sukuk ABS World’s first Islamic residential mortgage-backed securities First jurisdiction in the world to put in place Shariahcompliant deposit insurance scheme 2006 2007 First Islamic REIT World’s first hybrid sukuk World’s first Islamic exchangeable bond First sukuk Musharakah to use shares as underlying investment World’s first international subordinated sukuk Launch of first Asian Islamic exchange traded fund (ETF) 2009 World’s largest international sukuk by Petronas, since the US$1.5 billion Dubai port issue in 2007 First Shariahbased commodity trading platform on Bursa Malaysia2 World’s largest corporate sukuk issuance by Malaysia-based Binariang GSM PricewaterhouseCoopers / 7 11 17 25 29 Overview of Malaysia Malaysia, international Islamic finance hub Market liberalisation Islamic finance: Market segments • • • • • 61 67 75 80 Islamic banking Takaful Islamic fund management Sukuk Equity Shariah developments Tax neutrality and incentives PwC Islamic finance services References: Appendices Content 8 / Gateway to Asia: Malaysia, international Islamic finance hub PricewaterhouseCoopers / 9 10 / Gateway to Asia: Malaysia, international Islamic finance hub OVERVIEW OF MALAYSIA Vibrant Muslim nation, centrally located among dynamic economies of Asia Among emerging countries, Malaysia is a key player in the manufacturing and services industry An ideal match between quality and costs PricewaterhouseCoopers / 11 Overview of Malaysia Vibrant Muslim nation, centrally located among dynamic economies of Asia 27.3 million population Total area 329,750 sq km Capital Kuala Lumpur Language Malay, English, Mandarin and other Chinese dialects, Indian dialects Currency Exchange rate (as at March 2010): US$1 = RM3.31 (Ringgit Malaysia) Government Constitutional monarchy Administrative divisions 13 states and three federal territories (FT) Over the past four decades, Malaysia has transformed itself from an economy that is principally commodities-dependent into a major world source for electronics and computer parts. A resource-rich country, Malaysia is the world’s largest producer of palm oil and tropical hardwoods, and a net exporter of crude oil. Currently, the population of Malaysia is 27.3 million with the majority being Muslims. Malaysia is perceived as a liberal Muslim nation with a long history of being harmoniously multi-cultural. With its diversified economic base and strategic central location in between China, Indonesia and India which are the emerging and high growth economies of the world, Malaysia - a beneficiary of Asian trade dynamism - is poised for strong and sustainable economic growth. Despite the global financial crisis, Malaysia’s open economy has shown surprising resilience. In 2009, the economy contracted by just 1.7%, with fourth quarter GDP registering a buoyant 4.5% which portends to an economic recovery of 4%-5% growth in 2010. This encouraging growth is supported by strong external growth and modest domestic demand. Domestic demand was also assisted by the government’s RM67 billion (US$19.6 billion) fiscal spending. 12 / Gateway to Asia: Malaysia, international Islamic finance hub Overview of Malaysia Among emerging countries, Malaysia is a key player in the manufacturing and services industry Fast growing to be a key regional hub of MNCs Malaysia is increasingly a choice location for foreign investors and multinationals in view of an attractive set of factors, including its: of setting up business operations in Malaysia is also substantially lower than in Hong Kong or Singapore. Besides regional operational headquarters, Malaysia is also encouraging companies to set up international procurement centres, regional distribution centres, representative offices and regional offices. • stable, yet vibrant economy; • well-educated, skilled and multilingual workforce; • Good civil and ICT infrastructure; • Competitive cost of doing business; and • strong government support in terms of fiscal and non-fiscal incentives. There are over 2,600 approved regional establishments in Malaysia. Major multinational companies with operational headquarters in Malaysia include General Electric, Dow Chemicals, Du Pont, IBM, Intel, Kellogs, Sharp Electronics, Nippon Electric Glass, BASf, Siemens, Bayer, Ansell, IBA Health, Michelin, Norvatis and Volvo. While Malaysia’s costs are higher compared to other emerging countries like Vietnam, when balancing Malaysia’s overall country package including political and social stability, and its legal and accounting framework, Malaysia offers a highly attractive deal for foreign investors. Further, the cost Chart 1: PwC EM20 Index, investment attractiveness of various emerging markets from risk and reward angle Manufacturing index Country Services index Rank 2008 Index Country 9 83 92 2 86 13 4 84 5 83 Rank 2009 Index Chile 1 95 Bulgaria 2 Malaysia 3 China Poland Rank 2009 Index Rank 2008 Index Slovakia 1 95 6 91 93 Chile 2 92 2 95 81 Poland 3 88 1 95 14 81 Bulgaria 4 83 5 93 15 81 Malaysia 5 81 9 87 EM = Emerging Market Source: PwC EM20 Index 2009 Interim Update PricewaterhouseCoopers / 13 Overview of Malaysia An ideal match between quality and costs Chart 2: Global hub for offshoring, 2009 Average of people skills and availability, and business environment 2.5 United Kingdom Germany France United States Canada Singapore Ireland 2.0 Australia India Spain New Zeland Israel China Brazil Malaysia Estonia Chile Czech UAE Mexico Hungary Republic Thailand Lithuanja Poland Bulgarja Egypt Latvia Slovakia Mauritius Romania Indonesia Jordan Turkey Argentina Philippines South Russia Uruguay Tunisia Vietnam Sri Lanka Africa Jamaica Morocco Costa Pakistan Ghana Panama Senegal Rica Portugal 1.5 1.0 Ukraine While there is often an inverse relationship between costs and business environment and people skills, Malaysia is an ideal match between quality and costs. Malaysia was ranked third in A.T. Kearney’s 2009 Global Services Location Index, behind India and China. 0.5 0.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 Financial (cost) attractiveness Source: The 2009 A.T. Kearney Global Services Location Index Chart 3: Global Competitiveness Index score of selected Asian countries, 2009 - 2010 The Global Competitiveness Index (GCI) ranked Malaysia no. 24 out of 133 countries, ahead of China, India, Indonesia, Thailand and Vietnam. Cambodia Philippines Vietnam Indonesia India Thailand Brunei China Malaysia Korea, Rep. Taiwan, China Hong Kong Japan Singapore 3 3.5 4 4.5 5 5.5 Source: World Economic Forum, The Global Competitiveness Report 2009 – 2010 14 / Gateway to Asia: Malaysia, international Islamic finance hub 6 The GCI is a weighted average measurement of 12 competitive components (competitive pillars) i.e. institutions, infrastructure, macroeconomic stability, health and primary education, higher education and training, goods market efficiency, labour market efficiency, financial market sophistication, technological readiness, market size, business sophistication and innovation. PricewaterhouseCoopers / 15 16 / Gateway to Asia: Malaysia, international Islamic finance hub MALAYSIA, INTERNATIONAL ISLAMIC FINANCE HUB Increasingly recognised as having the most developed Islamic finance market At the centre of large Muslim nations and high growth Asian markets PricewaterhouseCoopers / 17 Malaysia, international Islamic finance hub Increasingly recognised as having the most developed Islamic market Malaysia’s Islamic finance advantages Globally, Islamic finance has been steadily making inroads into the mainstream financial market, growing at around 20%-30%1 on average annually over the last 10 years. Rising awareness, government initiatives and oil wealth have turned Islamic finance into an industry with US$1 trillion (RM3.3 trillion) in assets globally. Over the next eight to 10 years, it is expected to quadruple to US$4 trillion2. Being one of the “big 4” global centres3 in Islamic finance (refer Chart 4), Malaysia is well positioned to take advantage of the market opportunities. The following sections will discuss how Malaysia is developing its Islamic finance industry and presence regionally and globally. Sound regulatory framework Product innovation Over the last 30 years, the government and central bank, Bank Negara Malaysia (BNM), have firmly established supporting financial infrastructure, institutions, regulatory frameworks and guidelines. Malaysia’s increasingly mature and liquid Islamic finance market provides ample opportunities for players to learn, experiment and test new products and best practices. Its innovation footprints in Islamic finance include global corporate and sovereign sukuks. Islamic exchangeable bonds and Islamic Real Estate Investment Trusts (REITs). These initiatives have provided transparency and protection of property rights for investors and other stakeholders, which are comparable to international standards in areas such as financial reporting, corporate governance and common law. Tax neutrality Recognising the need for Islamic finance to be backed by underlying assets, Malaysia was among the first country to accord tax neutrality to Islamic finance instruments and transactions to reduce the cost of transferring assets in Islamic finance. This measure has promoted a level playing field between conventional and Islamic financial products. Islamic financial institutions in Malaysia also offer a broad range of Islamic finance products, which accepts all the four Shariah schools of thought (refer Chart 5). This has enabled Gulf Islamic banks like Kuwait Finance House and Al Rajhi Bank to offer similar Islamic finance products and services as in their home country. 1. Saudi Arabian Monetary Agency Governor, Mohammed al-Jasser, as cited in Bloomberg, 2009 2. Praesidium and the Dubai International Financial Centre Authority, as cited in Maktoob Business, 2009 3. Arthur D Little, Islamic Finance Comes of Age, 2009 (other key Islamic financial centres include Saudi Arabia, United Arab Emirates and Kuwait) 18 / Gateway to Asia: Malaysia, international Islamic finance hub Chart 4: Malaysia’s ranking in global Islamic finance, 2009 Sukuk market Equity market Fund management Rank Countries Rank Countries Rank Countries 1 Malaysia 1 Malaysia 1 Malaysia 2 UAE 2 Indonesia 2 Saudi Arabia 3 Saudi Arabia 3 UAE 3 Kuwait 4 Indonesia 4 Saudi Arabia 4 Cayman Islands 5 Bahrain 5 Kuwait 5 Bahrain Takaful Rank Islamic banking Countries Rank Countries 1 Iran 1 Iran 2 Malaysia 2 Saudi Arabia 3 UAE 3 Malaysia 4 Saudi Arabia 4 UAE 5 Bahrain 5 Kuwait Source: Various sources (please refer to charts 10, 20, 32, 40 and 47 for further details) Chart 5: The four Islamic schools of thought accepted in Malaysia’s Islamic finance Hanafi Maliki Hanafi is considered the oldest and most liberal. This school appeals to “common utility... the idea of the common good”. Shafii Considered as the easiest school of thought. Hanbali It is considered the most conservative in terms of social and personal rules. Source: Various sources PricewaterhouseCoopers / 19 Large investor pool Having one of the most developed sukuk market in the world (accounting for 62% of total global sukuk outstanding as at end June 2009), Malaysia has a ready supply of Shariah investors for Asian governments and companies to tap into to raise funds. The depth of Malaysia’s sukuk market also provides opportunities for global Shariah investors to leverage Malaysia as a one-stop centre to invest in and trade regional sukuk instruments, adding further liquidity to regional bonds which are listed on Malaysia’s stock exchange, Bursa Malaysia, and Labuan International Financial Exchange. Gateway to Asia and Middle East markets Asia-Pacific is rapidly evolving to be the centre of finance activities as global economic growth and finance shift from Western countries to the Asian economies over this decade. The region is expected to grow twice as fast as US and Western Europe over the next five years. The Asian Development Bank estimates that Asia will need 1 US$8.3 trillion (RM27.5 trillion) infrastructure investment over 2010-2020 to support its growth. Malaysia, located in the middle of Asia Pacific and the Middle East, can play a central role to facilitate cross-border flow of Islamic finance into the region, which has attracted attention of investors from Gulf Cooperation Council (GCC) countries. According to the Secretary General of the GCC Chambers, Abdulraheem Naqi, GCC countries are looking more towards China, India and Malaysia to make investments1. Middle East economic and cultural links Apart from sharing similar religious background with Middle East countries, Malaysia has good economic and investment links with GCC countries, as well as, being a major tourist destination for Middle East countries. In October 2009, the government’s wholly-owned 1Malaysia Development Bhd teamed up with Saudi Arabia’s PetroSaudi International Ltd to establish a US$2.5 billion joint venture company to boost investments from the Middle East into the country. Chart 6: Regional 5-year GDP growth forecast Over the next five years, Asia to grow twice as fast as US and Western Europe % 5 2011 2012 2013 2014 4 3 2 1 0 US Western Europe Asia* * Including Australasia Source: EIU ViewsWire, January 2010 Asia’s combined GDP will surpass Europe’s in 2010, highlighting the region’s growing economic clout in the aftermath of the global crisis Source: World Economic Forum, January 2010 Business Times (Malaysia) , “GCC countries keen to invest in Malaysia”, February 2010 20 / Gateway to Asia: Malaysia, international Islamic finance hub 2010 Malaysia, international Islamic finance hub At the centre of large Muslim nations and high growth Asian markets Global Islamic finance to grow to around US$1.6 trillion by 20121, from US$1 trillion in 2009 Chart 7: Economic growth and demographics of Asian regions Average annual GDP growth forecast 2010-2014 6% - 10% 3% - 6% 0% - 3% N/A China 1.3 bln people 26.8 mln Muslims GDP: US$4.6 trl East Asia (exclude China) 224.3 mln people 1.9 mln Muslims GDP: US$6.3 trl 2 hours Middle East 202.1 mln people 185.8 mln Muslim GDP: US$1.8 trl Malaysia South Asia 1.6 bln people 459.9 mln Muslim GDP: US$1.5 trl 4 hours 6 hours 8 hours South East Asia 592.5 mln people 246.7 mln Muslim GDP: US$1.5 trl Source: IMF World Economic Outlook Database, CIA World Factbook and EIU ViewsWire 1 Oliver Wyman as cited by Reuters, April 2009 PricewaterhouseCoopers / 21 Global and regional centres for Islamic finance institutions Infrastructure and location factors have driven a number of international banks to establish Malaysia as centre of excellence for their Islamic finance operations. Standard Chartered, for example, has made Malaysia the base country for the bank’s Islamic finance franchise, product offering and commitment. HSBC Amanah has also made Malaysia the regional centre to develop best practices and new markets across Asia-Pacific. Other Islamic finance players which are positioning Malaysia as a regional hub or a platform to further expand into Asia include Kuwait Finance House, Al Rajhi Bank, OCBC Islamic Bank and the National Bank of Abu Dhabi, which applied for a banking licence to operate in Malaysia in February 2010. There are also 15 other foreign financial institutions operating in Malaysia involved in a variety of Islamic finance services from Islamic banking, takaful to Islamic fund management. The further liberalisation of Malaysia’s Islamic finance industry to foreign participants will attract greater international Islamic finance presence, strengthening Malaysia’s international Islamic finance hub position. Reasons international financial institutions locate their global and regional Islamic finance centres in Malaysia: Infrastructure • Systematic and progressive approach to Islamic finance by Malaysian regulators and government • Malaysia is an important promoter of Islamic finance and the benchmark of Islamic finance • Depth of expertise in Islamic finance structuring and product innovation • Adoption of latest technology including online banking, an ideal hub to allow the bank to work with different jurisdictions, opening the way for market penetration across various countries in the region • Supportive legal and regulatory framework, but with no compromise and dilution of risk management in terms of Basel II provisions Markets • Asia has the potential to grow in terms of Islamic finance especially in sukuk issuances • Strong local market demand • Strong local investor base including the Employees Provident Fund (EPF), Tabung Haji (Pilgrims Management Fund), Permodalan Nasional Bhd (Malaysia’s leading fund management company), insurance and takaful companies and Khazanah Nasional Bhd (Malaysia’s sovereign wealth fund) Source: Arab News, November 2009 22 / Gateway to Asia: Malaysia, international Islamic finance hub Chart 8: Malaysia’s window of Islamic finance expansion opportunities E NETR ATION TUR E ST RU C FR A I N VE I S RICIN N G#OMPREHE EP ET PE PE TITI V M #O LT H EA TW TINCENTIVES N TME VES %AS -IDDLE Malaysia’s Islamic finance infrastructure AR K &AC I )N !SIA S POPULA -USL I T I ON M BL N E V L E O D P M 2 E ( NT HGO LES RU FRAMEW VERN IVE ORK AN T S C LITA H ROWT AG YSI S ALA IDOR - ORR C 0LATFORM T !SIA A ROWTHINTO OEXP I S !S Y G IA AND ALA OMIC - N ECO 3HARIA ' ON I T AT A - I EW A OV DD INN Y LE% BETWEE UCT D O R 0 N AST !SIA Source: PricewaterhouseCoopers PricewaterhouseCoopers / 23 24 / Gateway to Asia: Malaysia, international Islamic finance hub MARKET LIBERALISATION Market liberalisation accelerates progress towards global leadership in Islamic finance Four new Islamic mega banks and takaful licences PricewaterhouseCoopers / 25 Market liberalisation Market liberalisation accelerates progress towards global leadership in Islamic finance 2009 has been a landmark year for Malaysia’s services sector. Barely a week after the Malaysian government announced the liberalisation of the 27 services sub-sectors such as in the areas of health and social, tourism-related and business services (regional distribution centres), a number of bold measures were announced on 29 April 2009 to further liberalise Malaysia’s financial services sector. The Malaysian government’s unprecedented announcement to issue nine new licences to foreigners marks a major milestone in the opening of the Malaysian banking and insurance sectors. This significant liberalisation reinforces Malaysia’s commitment to open up its market to foreign players as part of the implementation of its 10-year Financial Sector Master Plan (FSMP). With four of the nine new licences linked to Islamic banking and takaful, it affirms Malaysia’s long-term vision to be a major international Islamic financial services hub. In addition, the relaxation of the foreign equity limit for insurance companies, local Islamic banks and takaful operators is likely to spur further rationalisation among domestic players in the industry, particularly in the insurance sector. The entry of new foreign players will further catalyse changes in the domestic banking and insurance landscape, and raise the bar for higher standards in product innovation and service. 26 / Gateway to Asia: Malaysia, international Islamic finance hub A total of nine new financial services licences will be issued to foreign participants: • Five commercial banks - Three world-class banks - Two specialist banks • Two mega Islamic banks • Two family takaful Market liberalisation and prospects Four new Islamic mega banks and takaful licences Promoting growth of mega Islamic banks and takaful Among the market liberalisation objectives for the financial services sector is to develop mega Islamic banks, with paid-up capital of at least US$1 billion (RM3.3 billion), that are of world-class standards to further enhance Malaysia’s leadership in Islamic finance. In addition, Malaysia’s central bank, BNM, aims to increase market competition by liberalising foreign entry into domestic Islamic banking and takaful markets to drive financial groups to up their scale and capacity, increase market penetration and expand regionally and become regional champions of Islamic finance. The initiative will also help further develop the country’s financial sector and capital market as well as spur private investments and economic growth in the country. Chart 9: Financial services market liberalisation measures 1. Issuance of new Islamic finance licences • • Up to two new mega Islamic banking licences will be offered to foreign players to establish new Islamic banks with paidup capital of at least US$1 billion (RM3.3 billion) Up to two new family takaful licences will be granted to players that can offer significant value proposition to spur the development of the takaful industry Pre-requisite • Applicant must be reputable regulated institutions or a shareholder of a reputable regulated institution • Applicant must demonstrate that they have the necessary expertise and resources that can tap the global Islamic financial market and contribute to reinforcing Malaysia’s position as an international Islamic financial hub 2. Increase in foreign equity limits • • Up to 70% foreign equity limit in domestic Islamic bank and takaful operator The acquired Islamic bank will be required to maintain a paid-up capital of at least US$1 billion (RM3.3 billion) This allows existing domestic players that wish to scale up their operations and expand into global markets greater flexibility to enter into strategic partnerships with foreign players. Pre-requisite: Similar to new Islamic finance licence 3. Operational flexibilities • • • • Mega Islamic banks will be allowed to operate with no branching restrictions Takaful operators are allowed to establish branches nationwide without restriction No restriction on takaful operators to enter into bancatakaful (bancassurance) arrangements with banking institutions Greater flexibility to employ specialist expatriates who have expertise to contribute to the development of the financial system in Malaysia Source: www.bnm.gov.my PricewaterhouseCoopers / 27 28 / Gateway to Asia: Malaysia, international Islamic finance hub ISLAMIC FINANCE: MARKET SEGMENTS Islamic banking: Growing exponentially Takaful: Untapped, small but fast growing Islamic fund management: Sizeable, fast growing and comparable returns Sukuk: Largest, active and most developed in the world Equity: Large, diversified and recovering PricewaterhouseCoopers / 29 Islamic finance: Market segments Islamic banking: Growing exponentially Malaysia’s position As a strong proponent of Islamic finance, Malaysia is now one of the world’s top three Islamic banking markets with assets totalling US$70.6 billion (RM233.7 billion) in 2009. Malaysia’s Islaimc banking market is poised for greater growth with the global Islamic finance industry growing between 15% and 20% annually over the next eight to 10 years to more than US$4 trillion1 (RM13.2 trillion), from around US$1 trillion (RM3.3 trillion) in 2009. Malaysia’s vibrant Islamic banking industry is attributed to the strong government and regulatory support, its central bank’s (BNM) active engagement with banks to establish supporting financial infrastructure and institutions as well as its flexible and holistic regulatory frameworks and guidelines that facilitate the sector’s growth. Chart 10: Share of global Islamic banking assets in 2009 Saudi Arabia 16% Malaysia 10% UAE 10% Kuwait 8% Iran 36% Bahrain 6% Qatar 3% UK 2% Turkey 2% Others 7% Source: The Banker Top 500 Islamic Institutions, November 2009 Chart 11: Top five Malaysian Islamic banking institutions in 2009 Global rank Name Total assets US$ mln 14 Bank Rakyat 13,081.0 18 Maybank Islamic Bhd 10,666.6 23 Bank Islam Malaysia Bhd 31 CIMB Islamic Bank Bhd 5,847.7 35 Public Bank Islamic Bhd 5,206.7 Source: The Banker Top 500 Islamic Institutions, November 2009 1 7,459.9 Praesidium and the Dubai International Financial Centre Authority, as cited in Maktoob Business, July 2009 30 / Gateway to Asia: Malaysia, international Islamic finance hub Size & growth Malaysia’s Islamic banking industry has shown significant growth over the last five years, with assets doubling from US$33.8 billion (RM111.8 billion) at end 2005 to US$70.6 billion (RM233.7 billion) at end 2009. There is ample liquidity and financing capacity among Malaysian Islamic banking institutions, with financing to deposits ratio of 1.0:1.4. BNM targets the Islamic banking industry to constitute 20% of the overall banking assets by 2010, with Islamic banking share of total banking system assets standing at 16% in 2009, which provides further growth avenue. Chart 12: Total assets, financing and deposits of Malaysian Islamic banking institutions Total assets Total financing Total deposits 80 70 5-yr CAGR1 2005 - 2009 60 50 20% 40 Assets 30 18% 20 Financing 21% 10 Deposits 0 2005 1 2006 2007 2008 2009 CAGR - Compound annual growth rate Source: Bank Negara Malaysia (BNM) Monthly Statistical Bulletin, December 2009 Chart 13: Market share of Islamic banking in Malaysia in 2009 Islamic banking 16% Islamic banking 17% Islamic banking 18% Assets Financing Deposits Conventional banking 84% Conventional banking 83% Conventional banking 82% Note: Excludes development financial institutions Source: BNM Monthly Statistical Bulletin, December 2009 PricewaterhouseCoopers / 31 No. of players Chart 14: Number of local and foreign players in Malaysia in 2009 Nine out of The Banker’s top 50 Islamic financial institutions in 2009 are from Malaysia. There is also significant international financial presence in the local market from both GCC countries and global banks like HSBC, Standard Chartered and Deutsche Bank. Islamic banks Local Foreign 11 6 Banks participating in Islamic Banking Scheme1 3 International Islamic banks 2 Total 11 11 2 New Islamic banking licences to be issued 2 Malaysia is expected to garner further interest from global players with the liberalisation of the Malaysia Islamic finance industry, as discussed earlier in Chapter 3 (Market liberalisation and prospects). Product distribution The bulk of Malaysia’s Islamic banking financing caters to the retail and household segment, which accounts for 58% of total financing extended. Household loans are largely for the purchase of passenger cars (29%) and residential property (18%). 1 2 Excluding investment banks and development financial institutions (DFIs) Announcement to be made by end of first half of 2010 Source: www.bnm.gov.my Chart 15: Major Islamic financing concepts Bai’ Bithaman Ajil 32% Chart 16: Major Islamic financing purposes Residential property 18% Murabahah 17% Working capital 25% Ijarah 3% Personal use 11% Securities 5% Others 18% Ijarah Thumma Al-Bai 30% Non-resident property 4% Others* 7% Transport vehicles 30% * Others include construction, other fixed assets, credit card and consumer durables Source: BNM Monthly Statistical Bulletin, December 2009 32 / Gateway to Asia: Malaysia, international Islamic finance hub With nascent global economic recovery and encouraging bouyant growth in Asia, the Malaysian Islamic banking system is expected to remain firm, given the excess liquidity in the banking system, low non-performing loans and strong solvency level with sufficiently high level of financial buffers. Pre-tax profit Return* (%) 700 35 600 30 500 25 400 20 300 15 200 10 100 5 0 2005 2006 2007 2008 Return (%) Despite challenging global and local economic environment, the Malaysian Islamic banking industry reported a surge in profit and return1 in 2009 due to a 43% increase in net financing income. The rise was attributed to a considerable drop in cost of financing while maintaining a fixed rate on its financing portfolio. The benchmark financing rate, BNM’s overnight policy rate (OPR), was reduced by 175 basis points in 2009 to 2.0%. Chart 17: Islamic banking institutions’ pre-tax profit and return1 US$ mln Profitability & solvency 0 2009 Source: BNM Financial Stability & Payment Systems Report 2009 Chart 18: Islamic banking institutions’ net non-performing financing* ratio and risk-weighted capital ratio 20 Risk-weighted capital ratio 15 10 5 Net non-performing financing ratio Dec-09 Sep-09 Jun-09 Mar-09 Dec-08 Sep-08 Jun-08 Mar-08 Dec-07 Sep-07 Jun-07 Mar-07 Dec-06 0 * 3-month Source: BNM Monthly Statistical Bulletin, December 2009 1 Return = pre-tax profit over average shareholders’ funds PricewaterhouseCoopers / 33 Market entry Chart 19: Market entry procedures for Islamic banking in Malaysia Market type Domestic market International market Market entry Acquire/alliance with existing players International Islamic banking Foreign equity ownership Minimum paid-up capital requirement Up to 70% US$1 billion (RM3.3 billion) 100% RM10 million (US$3.3 million or equivalent in other currencies) Eligibility criteria • Reputable regulated institution • Global Islamic financial market expertise and resources • Contribute to Malaysia’s international Islamic financial hub position • Well capitalised and reputable licensed financial institution • Possess sound track record • Regulated and supervised by a competent home regulatory authority • Adopts international banking practices1 Application procedures • Preparation and submission of application and original documents in English to BNM • Meetings with BNM on application – to provide any additional documents if needed • Granting of licence by Ministry of Finance to successful applicants • Set up office • Preparation and submission of application and original documents in English to BNM • Meetings with BNM on application – to provide any additional documents if needed • Granting of licence by Ministry of Finance to successful applicants • Set up office Others • Can set up International Currency Business Unit, be involved in international market and enjoy tax holiday • Can set up as a subsidiary or branch • Enjoy income tax exemption up to year of assessment (YA) 2016 • Only allowed to deal in foreign currencies but can deal with residents (besides non-residents) Note: 1 Formulated by the Bank for International Settlements, the Islamic Financial Services Board (IFSB) or any other international standard-setting bodies of equal standing Source: www.bnm.gov.my and www.mifc.com 34 / Gateway to Asia: Malaysia, international Islamic finance hub PricewaterhouseCoopers / 35 Islamic finance: Market segments Takaful: Untapped, small but fast growing Malaysia’s position Chart 20: Share of global takaful assets in 2009 Globally, the takaful industry has been growing rapidly, appealing to both Muslims and non-Muslims. The industry is expected to grow by 15% to 20% annually and estimated to reach US$14.4 billion (RM47.7 billion) by 20101. Malaysia is the second largest takaful market in the world after Iran. As at 2008, total assets of Malaysia’s takaful industry amounted to US$3.2 billion (RM10.6 billion), with market penetration of 7.2%. Malaysia 26% UAE 13% Saudi Arabia 10% Bahrain 5% Iran 31% Qatar 4% Tunisia 3% Indonesia 3% Others 5% Source: The Banker Top 500 Islamic Institutions, November 2009 Chart 21: Top five Malaysian takaful institutions in 2009 Global rank Name 2 Syarikat Takaful Malaysia Bhd 5 CIMB Aviva Takaful Bhd 708.0 7 Takaful Ikhlas Sdn Bhd 309.1 22 Prudential BSN Takaful Bhd 48.9 24 Hong Leong Tokio Marine Takaful Bhd 30.1 Source: The Banker Top 500 Islamic Institutions, November 2009 1 Total assets US$ mln HSBC as cited in Reuters, April 2009 36 / Gateway to Asia: Malaysia, international Islamic finance hub 1,015.4 Size & growth Malaysia’s takaful industry has achieved significant progress since the establishment of the first takaful company in 1985. The sector is increasingly recognised as a significant contributor to the insurance industry, accounting for more than a quarter of the insurance industry underwriting. Chart 22: Net contributions and total assets of Malaysia’s takaful industry Net contributions Total assets 5-yr CAGR 2004 - 2008 3,500 3,000 2,500 2,000 24% 1,500 The sector has enjoyed steady double digit growth over 2004 to 2008, with net contribution growing at a CAGR of 24% to reach US$913.9 million (RM3.0 billion) in 2008, while total takaful assets grew at CAGR of 19% to reach US$3.2 billion (RM10.6 billion) in 2008. Net contribution 1,000 19% 500 0 Total assets 2004 2005 2006 2007 2008 Source: BNM Annual Takaful Statistics, 2004 - 2008 Chart 23: Market share of takaful in Malaysia in 2008 Takaful 11% Takaful 8% Net contributions Total assets Conventional insurance 89% Conventional insurance 92% Source: BNM Annual Takaful Statistics 2008 PricewaterhouseCoopers / 37 No. of players The Malaysian government and regulators are looking to accelerate the expansion of takaful business in tandem with the rapid development of Islamic banking. Among its key initiatives, BNM, over the last two years, has increased the number of takaful operators from two to eight and is expected to increase it to 10 with the issuance of two new family takaful licences to foreign participants by 2010. Malaysia’s takaful market also has significant foreign participation. Five out of the eight takaful operators have foreign strategic partners, namely HSBC, Prudential, Aviva, Fortis and Tokio Marine. Product distribution Growth of the family takaful industry over the last few years has been driven by demand for three products: investment-linked (which feature low-risk premiums and high investment component), single-premium mortgage and endowment products. In general takaful, motor-related policies dominate the market, accounting for 60% of the industry’s net contribution. This is followed by fire and personal accident products. Chart 24: Number of local and foreign takaful players in Malaysia, 2009 Local Takaful operators1 82 Retakaful operators 2 Foreign 1 International takaful operators 1 Total 10 2 New takaful licences to be issued 2 1 Foreign equity participation in takaful operators has been increased to a limit of up to 70% from 49% under the liberalisation initiatives 2 Includes five local takaful operators with foreign joint venture partners Source: www.bnm.gov.my Chart 25: Family takaful new contributions distribution Endowment others 9% Temporary mortgage 29% Temporary - others 13% Medical & health 5% Chart 26: General takaful net contributions distribution Motor others 60% Others 5% Investmentlinked 39% Source: BNM Annual Takaful Statistics 2008 38 / Gateway to Asia: Malaysia, international Islamic finance hub Fire 19% Miscellaneous 8% Personal accident 8% Motor Act cover 5% PricewaterhouseCoopers / 39 Over the years, family takaful valuation surpluses continue to strengthen to US$204.2 million (RM705.0 million) in 2008, indicating further improvements in the ability of the fund to meet future liabilities and obligations. Chart 27: Family takaful excess of income over outgoing Excess of income over outgoing Excess of income over outgoing/total income (%) 600 60 500 50 400 40 300 30 200 20 100 10 0 0 2005 2006 2007 2008 2009 Source: BNM Financial Stability & Payment Systems Report, 2009 Chart 28: Family takaful surplus valuation funds Group accounts Participants’ special account 200 US$ mln 150 100 50 0 2004 2005 2006 2007 Source: BNM Annual Takaful Statistics, 2004 - 2008 40 / Gateway to Asia: Malaysia, international Islamic finance hub 2008 % The family takaful fund sector recorded excess of income over outgoing of close to 50% in 2009, attributed to better financial and market conditions. In particular, the sector reported a combined 43% jump in net investment income, profit on sale of assets and miscellaneous income from 2008. US$ mln Profitability & solvency 40 30 20 10 0 -10 2005 2006 2007 2008 2009 ¹ Figures have been adjusted to reflect the global business and actual expenses borne by general takaful fund Source: BNM Financial Stability & Payment Systems Report 2009 Chart 30: General takaful technical reserves Technical reserves % of net contributions 350 190 300 170 250 150 200 130 150 % Technical reserves (consists of unearned contribution reserves and provision for outstanding claims) maintained by takaful operators in 2008 were adequate with a technical reserve ratio of 161% of net contribution. 50 US$ mln - Higher investment income and capital gains from the revival of the financial market - Lower claims ratio, on account of lower motor claims - Growth in gross direct premium Chart 29: General takaful underwriting profit¹ US$ mln General takaful reported strong underwriting profit growth in 2009, which nearly doubled to US$45 million (RM148 million). This was supported by a number of factors, namely: 110 100 90 50 70 0 2004 2005 2006 2007 2008 50 Source: BNM Annual Takaful Statistics, 2004 - 2008 PricewaterhouseCoopers / 41 Market entry Chart 31: Market entry procedures for takaful operator in Malaysia Market type Domestic market International market Market entry Acquire/alliance with existing players International Takaful Operator (ITO) Foreign equity ownership 70% - Takaful companies 100% - Retakaful companies Minimum paid-up capital requirement RM100 million (US$30.2 million) 100% RM10 million (US$3.3 million or equivalent in other currencies) Eligibility criteria • Reputable regulated institution • Global Islamic financial market expertise and resources • Contribute to Malaysia’s international Islamic financial hub position • Well capitalised and reputable licensed financial institution • Possesses sound track record • Regulated and supervised by a competent home regulatory authority • Adopts international insurance practices1 Application procedures • Preparation and submission of application and original documents in English to BNM • Meetings with BNM on application – to provide any additional documents if needed • Granting of licence by Ministry of Finance to successful applicants • Set up office • Preparation and submission of application and original documents in English to BNM • Meetings with BNM on application – to provide any additional documents if needed • Granting of licence by Ministry of Finance to successful applicants • Set up office Others • Can set up International Currency Business Unit, be involved in international market and enjoy tax holiday • Retakaful operation can set up as a subsidiary or brunch • Can set up as a subsidiary or branch • Enjoy income tax exemption up to YA 2016 • Only allowed to deal in foreign currencies but can deal with residents (besides non-residents) Note: 1 Set by the International Association of Insurance Supervisors or any other international standard-setting body, or adopts any other international best practices in the financial services related industry Source: www.bnm.gov.my and www.mifc.com 42 / Gateway to Asia: Malaysia, international Islamic finance hub PricewaterhouseCoopers / 43 Islamic finance: Market segments Islamic fund management: Sizeable, fast growing and comparable returns Malaysia’s position The growth in Shariah-compliant fund assets globally has been dramatic, with the industry expanding at 15% to 20% per annum due to strong demand for investment products from rising oil wealth. Global Islamic funds are estimated to manage assets of around US$70 billion (RM231.7 billion) in 2009. Malaysia, together with the GCC countries, account for the bulk of the existing assets under management. Unlike the GCC countries which are backed by petrowealth, Malaysia’s Islamic fund management industry has been driven by buoyant domestic private savings stemming from its vibrant open economy. Having the largest Islamic fund management centre in Asia, Malaysia is in a strong position to place itself as a gateway for Middle East investors who want to diversify their portfolio in the region. Chart 32: Islamic funds by country of domicile, 2009 Kuwait 10% Cayman Islands 6% Saudi Arabia 20% Bahrain 5% Indonesia 4% Luxembourg 4% Pakistan 3% Channel Island 2% Malaysia 28% Others 18% Source: Eurekahedge, January 2010 Chart 33: Top five Islamic funds domicile in Malaysia, January 2010 Global rank Name Total assets US$ mln 5 Public Mutual Bhd 1,950 8 CIMB-Principal Asset Management Bhd 1,044 23 MAAKL Mutual Bhd 180 25 Pacific Mutual Fund Bhd 159 26 HwangDBS Investment Management Bhd 157 Source: Eurekahedge, January 2010 44 / Gateway to Asia: Malaysia, international Islamic finance hub Meanwhile, the combined net asset value (NAV) under management has risen steadily over the last five years, growing at a CAGR of 27% to US$6.7 billion (RM22.1 billion) in 2009. The industry’s NAV is expected to chart further growth in 2010, underpinned by improving investor confidence from the global economic recovery. Chart 34: Units in circulation and total NAV of Malaysia’s Islamic unit trust funds Units in circulation NAV 5-yr CAGR 2005 - 2009 7 50 6 40 5 30 4 20 3 10 0 2004 2005 2006 2007 2008 US$ billion The Malaysian Islamic fund management industry has grown from just two Islamic unit trust funds in 1993 to 145 funds in 2009. Similarly, the number of unit trust funds in circulation has surged to over 56 billion units in 2009, which is three times the size of units in circulation in 2005. Billion units Size & growth 34% 2 Unit circulation 1 27% 0 Total NAV Source: www.sc.com.my Chart 35: Market share of Islamic unit trust in Malaysia, 2009 Islamic funds 21% Islamic funds 12% Units in circulation Total NAV Conventional funds 79% Conventional funds 88% Source: www.sc.com.my PricewaterhouseCoopers / 45 No. of players Foreign fund managers have also established operations in Malaysia, including Prudential, Kuwait Finance House and DBS Bank. In 2009, the Securities Commission Malaysia (SC) granted licences to six new foreign Islamic fund management companies to operate in Malaysia. Chart 36: Number of local and foreign players in Malaysia, 2009 Local Foreign Total 4 7 11 Licensed retail fund managers with Islamic windows 26* 3 29 Total 30 10 40 Licensed Islamic fund management companies * Includes one joint-venture management company between local foreign owners with equal participation Source: SC Annual Report 2009 Product distribution Equity-based funds are the most common type of Islamic unit trust funds in Malaysia. There is a wide array of equity funds available, ranging from funds with higher risk, higher returns like aggressive growth funds, to lower risk, lower returns such as indexed funds. The market also offers other types of Islamic funds such as balanced, sukuk and money market funds. Chart 37: NAV of Shariah-based unit trust funds by category, 2009 Equity fund 67% Sukuk fund 6% Balanced fund 7% Others* 20% * Including feeder funds, fixed income funds, money market funds, structured product and mixed asset funds Source: SC Annual Report 2009 46 / Gateway to Asia: Malaysia, international Islamic finance hub Returns Similar to other Islamic funds across the region, returns on Malaysia’s Islamic trust in 2008 was affected by the global economic crisis. However, the decline was less severe than in Asia and Middle East regions. Returns on the country’s Islamic unit trust have subsequently recovered in 2009, reflecting the trend of increasing returns globally. Going forward, it is anticipated that continued economic recovery will improve the performance of Islamic unit trusts. Chart 38: Average returns of Islamic funds 2009 21.0% Malaysia -19.6% 31.2% Asia Pacific -27.0% 8.3% Middle East/Africa -33.6% 2008 Source: Eurekahedge, January 2010 PricewaterhouseCoopers / 47 Market entry Chart 39: Market entry procedures for Islamic unit trust fund in Malaysia Islamic Fund Management Company Foreign equity ownership Minimum paid-up capital requirement 100% RM2 million (US$0.6 million or equivalent in other currenices) Retail activities unit trust funds – RM10 million (US$3.3 million or equivalent in other currenices) Eligibility criteria • • • • Strong value proposition to contribute to the Malaysian capital market Good track record in its international operations Competence in licensing area Able to provide viable business plan and specific deliverables Application procedures Establishment stage1: • Complete “Form for Establishment of a Foreign Fund Management Company” • Meetings with SC on application • Granting Approval in Principle (AIP) for successful applicants Licensing stage (to be completed within six months) • To complete: Form 1,1A, IB, IC and readiness checklist • Establish and incorporate the company: Identify directors, key management, fund management representatives, compliance officer and Shariah adviser Note: 1 Applies to a company which does not have a local presence in Malaysia Source: www.sc.com.my and www.mifc.com 48 / Gateway to Asia: Malaysia, international Islamic finance hub We are a business gateway between the Muslim and non-Muslim world and provide a platform for business partnerships between the two. Tun Musa Hitam Chairman World Islamic Economic Forum Foundation PricewaterhouseCoopers / 49 Islamic finance: Market segments Sukuk: Largest, active and most developed in the world Malaysia’s position The global sukuk market experienced a challenging year in 2009, with US$19 billion (RM63 billion) new issuances, down from the record US$33 billion (RM109 billion) issuances in 2007. The market faced liquidity crunch not only from the global financial crisis but also the Dubai financial crisis and the debate on the compliance of some of the sukuk structures with Islamic law. Chart 40: Islamic bond issued by country, 2009 UAE 14% Malaysia 54% Saudi Arabia 13% Despite the challenging market environment, Malaysia continued to be the top world issuer with over half or 54.1% of the value of sukuk issued in 2009. Malaysia’s market players also generate innovative sukuk products, with many world’s first issues, cemented by sizable amount and innovative structures (refer chart 42). Indonesia 7% Bahrain 6% Others 6% Source: S&P and Zawya as cited in REDmoney Islamic Finance News, February 2010 50 / Gateway to Asia: Malaysia, international Islamic finance hub Chart 41: Top issuers of Islamic bonds, 2009 1 Issuer or group Nationality Malaysia (Government) Malaysia Amount issued US$ mln 8,380 2 BNM Sukuk Malaysia 5,386 3 Bank Negara Malaysia Malaysia 4,940 4 Bank Indonesia Indonesia 4,349 5 Petronas Global Sukuk Malaysia 3,000 6 Dubai DOF Sukuk UAE 1,931 7 Saudi Electricity Saudi Arabia 1,867 8 Terengganu Investment Authority Malaysia 1,420 9 Khazanah Nasional Berhad Malaysia 1,416 10 Indonesia (Government) Indonesia 1,300 Source: Thomson Reuters as cited in REDmoney Islamic Finance News, January 2010 Chart 42: Innovative sukuk structure Year Sukuk structures 1990 First corporate sukuk by Shell MDS Sdn Bhd 1994 First sukuk Mudharabah by Cagamas Bhd 2001 World’s first corporate sukuk and first Ijarah sukuk by Kumpulan Guthrie Bhd 2002 World’s first sovereign sukuk by the Government of Malaysia 2003 First tradable sukuk Istisna by SKS Power Sdn Bhd 2005 First sukuk Musharakah by Musharakah One Capital Bhd 2005 World’s first Islamic residential mortgage-backed securities by Cagamas MBS Bhd 2006 World’s first exchangeable sukuk by Khazanah Nasional Bhd 2007 World’s first Islamic US dollar subordinated bank capital sukuk by Malayan Banking Bhd 2007 World’s first hybrid sukuk by Nucleus Avenue (Malakoff Corporation) 2007 World’s largest corporate sukuk by Binariang GSM Sdn Bhd 2008 Largest sukuk Ijarah by Telekom Malaysia Bhd via Menara ABS Sdn Bhd 2008 First redeemable sukuk Musharakah with warrants by WCT Engineering 2009 World’s largest international sukuk by Petroliam Nasional Bhd (EMAS Al-Ijarah sukuk) Source: Various sources PricewaterhouseCoopers / 51 Size & growth Malaysia’s sukuk market has experienced rapid growth in the last five years, with a CAGR of around 50%. The pick-up in sukuk issuances in 2009 stems from several internal and external factors such as BNM interest rate cuts, introduction of Danajamin Nasional Berhad (Malaysia Financial Guarantee Insurer), the government’s stimulus package and gradual improvement in external conditions towards the second half of 2009. This has brought back much needed investors’ confidence back to the market. Chart 43: Malaysia outstanding sukuk and sukuk issued Outstanding Issued 80 5-yr CAGR 2005 - 2009 70 60 50 40 30 47% 20 Outstanding 53% 10 0 Issued 2004 2005 2006 2007 2008 2009 Note: Excludes government securities such as Islamic Malaysian Treasury bill, Islamic BNM Notes, etc. Source: Bloomberg, February 2010 52 / Gateway to Asia: Malaysia, international Islamic finance hub The local bourse, Bursa Malaysia, is the top world exchange in terms of value of sukuk programme listings in 2009, recording a total of US$17.6 billion (RM58.3 billion) bonds listed1. Malaysia’s sukuk market also plays a key role in financing the country’s economy, accounting for more than half of the country’s total debt market, both in terms of balance outstanding and issuances. Chart 44: Market share of sukuk in Malaysia, 2009 Sukuk 57% Sukuk 52% Outstanding bonds Issued Conventional bonds 43% Conventional bonds 48% Source: SC Quarterly Bulletin of Malaysian Islamic Capital Market, December 2009 1 Bursa Malaysia led rival exchanges such as Nasdaq Dubai with about US$15.7 billion outstanding bonds listed, London Stock Exchange with over US$10.5 billion, Luxembourg Stock Exchange with US$$7.3 billion and Bahrain Stock Exchange with US$$2.18 billion. PricewaterhouseCoopers / 53 Industry Demand for Malaysian sukuk has been largely driven by infrastructure and utilities, which account for more than half of the Islamic debt market. Other significant issuers in the sukuk market include financial services, diversified holdings and property and real estate companies. Chart 45: Malaysia corporate sukuk by economic sector, 2009 Financial services 14% Infrastructure & utillities 47% Diversified holdings 11% Property & real estate 9% Trading & services 6% Others 9% Asset-backed securities 4% Source: Rating Agency Malaysia (RAM) Islamic Finance Bulletin, December 2009 54 / Gateway to Asia: Malaysia, international Islamic finance hub Product concept Given the issues raised on guaranteed return element in sukuk by The Accounting and Auditing Organization for Islamic Financial Institutions1 (AAOIFI) in late 2007, there has been a shift in global sukuk structure, with Ijarah replacing Mudharabah as the dominant issuance in 2008 and 2009. Malaysia’s sukuk market, however, has not been impacted as it is governed by the local Islamic security guidelines issued by the SC. Hence, sukuk structures based on Musharakah are still common and account for 36% of sukuk outstanding in 2009. Nevertheless, AAOIFI’s pronouncement will trigger new developments in the sukuk market and lead to more innovation to move to a more risk-based (profit and loss sharing) concept instead of guaranteed returns. Chart 46: Malaysia corporate sukuk by product concept, 2009 Murabahah 27% Musharakah 36% Mudharabah 1% Istisna 6% Ijarah 8% Bai’ Bithaman Ajil 22% Source: RAM Islamic Finance Bulletin, December 2009 1 AAOIFI issued a pronouncement in February 2008 to disallow the purchase undertaking in profit sharing contracts which are equivalent to the sukuk outstanding balance. Instead, the purchase must be at market value. PricewaterhouseCoopers / 55 Islamic finance: Market segments Equity: Large, diversified and recovering Malaysia has one of the most developed Islamic equity capital market with a well established market infrastructure and support from the government. The country’s Shariah-compliant stocks totalled US$167.5 billion (RM554.4 billion) in December 2009, making it the largest Shariah-compliant equity market in the world. In addition, four of the top 10 largest Shariah-compliant companies are from Malaysia. Apart from size, Malaysia also leads in innovation, developing new Islamic equity products such as the world’s first Islamic REIT and Asia’s first Islamic exchange traded fund (ETF). The size and sophistication of Malaysia’s Islamic equity market provides a vibrant environment for Shariahconscious investors. Chart 47: Top Shariah-compliant equity market among Muslim countries, December 2009 200 150 US$ billion Malaysia’s position 100 50 0 Malaysia Indonesia UAE Saudi Arabia Source: Bloomberg, February 2010 Chart 48: Top 10 Shariah-compliant stocks among Muslim countries, December 2009 Rank Equity stock Country Market cap US$ bln 1 Al Rajhi Bank Saudi Arabia 28.49 2 Etisalat UAE 21.53 3 Telekomunikasi Indonesia 20.21 4 Sime Darby Malaysia 15.67 5 Astra International Indonesia 14.90 6 Maxis Bhd Malaysia 11.71 7 IOI Corp Bhd Malaysia 10.61 8 Tenaga Nasional Bhd Malaysia 10.60 9 MISC Bhd Malaysia 9.10 10 Unilever Ind Tbk Indonesia 8.92 Source: Bloomberg, February 2010 56 / Gateway to Asia: Malaysia, international Islamic finance hub As part of its ongoing efforts to spur investments in Malaysia, in June 2009, the government announced market-friendly policies such as the lifting of the 30% Bumiputra (ethnic Malays and other indigenous people) shareholding requirement for initial public offerings (IPOs) and easing the ownership restriction covering acquisition of equity stakes, and mergers and takeovers. These initiatives are expected to further encourage local and foreign corporate and private equity investors to raise funds from Malaysia’s capital market. In 2009, Malaysia had a total of 13 new IPOs and most of them were concluded in the fourth quarter of 2009. Among the new issues were the relisting of Maxis Bhd in November 2009, raising US$3.4 billion (RM11.2 billion), the largest IPO in Southeast Asia in 2009. Chart 49: Funds raised from the equity market (Islamic & conventional) in Malaysia Fund raised FBM-KLCI* 8,000 1,750 7,000 1,500 6,000 1,250 5,000 1,000 4,000 Index As at 30 November 2009, there were 846 Shariah-compliant securities as determined by the Shariah Advisory Council (SAC) of the SC. This represented 88% of the total listed securities and 64% of the market capitalisation (31 December 2009) on Bursa Malaysia. US$ million Size & growth 750 3,000 500 2,000 250 1,000 0 0 2004 2005 2006 2007 2008 2009 *FTSE Bursa Malaysia Kuala Lumpur Composite Index Source: BNM Monthly Statistical Bulletin, December 2009 Chart 50: Market share of total listed securities in Malaysia Shariah noncompliant equities 12% Shariah noncompliant equities 36% Volume Market capitalisation value Shariah-compliant equities 88% Shariah-compliant equities 64% Source: SC’s Malaysian Islamic Capital Market quarterly bulletin, December 2009 PricewaterhouseCoopers / 57 Industry Malaysia’s Shariah-compliant equities have a broad coverage across many sectors, with the exception of finance. The prominent market sectors with Shariah-compliant equities include industrial products with 32% market share and trading services at 20%. Chart 51: Shariah-compliant equities by economic sector, 2009 Trading/ services 20% Consumer products 15% Technology 12% Properties 9% Industrial products 32% Construction 6% Others 6% Source: www.sc.com.my 58 / Gateway to Asia: Malaysia, international Islamic finance hub Industry The turnaround in the global economy, together with the restoration of investor confidence, have supported the strong recovery of Malaysia’s stock market 2009. The local Shariah stock index, FTSE Bursa Malaysia Hijrah Shariah Index, gained 40% in 2009 and has been consistently performing better than its global counterpart, the Dow Jones Islamic Market Index (DJI100X) over the last three years (20072009). The country’s stock market is set for further growth with the government’s move to embark on a second wave of privatisation to increase liquidity and velocity in the local stock market. The government is also encouraging mergers between domestic companies to stir foreign investor interest in Malaysia’s capital market, by providing a larger capital base for them to invest in. Chart 52: FTSE Bursa Malaysia Hijrah Shariah index vs DJI100X Hijrah DJI 100x 300 250 200 150 100 50 0 2004 2005 2006 2007 2008 2009 Source: Bloomberg, February 2010 Going forward, Malaysia’s stock market is expected to strengthen with the stabilisation of the international credit market as well as the recovery of the global and local economy. PricewaterhouseCoopers / 59 60 / Gateway to Asia: Malaysia, international Islamic finance hub SHARIAH DEVELOPMENTS Integrated and standardised Shariah environment Systematic approach to knowledge building PricewaterhouseCoopers / 61 Shariah developments Integrated and standardised Shariah environment Islamic finance and Shariah Shariah is a cornerstone in Islamic finance as it provides the context for which Islamic funds can flow into Islamic assets. It covers Islamic law, conduct and opinions and forms the basis for Islamic finance products, transactions and structure. Shariah compliance is consequently essential to the integrity of Islamic finance and Malaysia has taken an integrated and systematic approach in developing its Shariah infrastructure for Islamic finance. Malaysia is also recognised as having one of the most systemic approach to Islamic financial regulation and supervision. The country’s dual banking model has been emulated by other countries including Indonesia, Pakistan, Qatar, Bahrain, UAE and Bangladesh1. Integrated Shariah regulatory framework Shariah matters in Malaysia are regulated through a central body via BNM’s and SC’s respective Shariah Advisory Councils (SACs), which comprise prominent Shariah scholars, jurists and market practitioners. The roles and functions of both SACs have been further reinforced by statutory Acts2, which recognise the SACs as the central authority for Shariah matters. BNM’s SAC is the central Shariah Authority in Islamic banking and takaful. Its roles include: • Issuing fatwa (Shariah views) to be implemented by Shariah committee of Islamic banks and takaful companies • Reference point for Shariah committee on Shariah issues in relation to Islamic finance products and operations 1 From Arab News, “Bank Negara pressing ahead with Shariah parameter”, January 2010 2 Provided by the Central Bank of Malaysia Act, 2009 and Capital Market Services Act, 2007 62 / Gateway to Asia: Malaysia, international Islamic finance hub The SC’s SAC serves as a single point of reference on Islamic capital market (ICM), providing guidance to all participants in the ICM on matters pertaining to Shariah compliance. Both SACs have helped standardise Shariah practices among Islamic financial institutions, providing a consistent development path for the industry and certainty for Islamic financial players, investors and customers. As part of the ongoing initiatives to build good Shariah governance among Islamic financial institutions, both Islamic banks and takaful operators are required to establish a Shariah committee. The committee’s role is to advise Islamic financial institutions on Shariah compliance in all aspects of their operations. PricewaterhouseCoopers / 63 Shariah developments Systematic approach to knowledge building Shariah methodology The consistent articulation of fatwas is critical for the growth and development of the Islamic finance industry as it is the key to providing a conducive, sound and stable legal framework for the Islamic finance sector to operate. Malaysia has been one of the proponents of developing a systematic approach in formulating Shariah rulings. BNM, in particular, has taken various initiatives to compile, consult and harmonise fatwas and Islamic finance products in a transparent manner. BNM’s Shariah Parameter Reference (SPR) Malaysia’s methodological approach in formulating Shariah rulling is exemplified in the development of BNM’s SPR, which aims to provide a standard guidance on applying respective Shariah contracts in Islamic finance as well as to: • Facilitate comprehensive understanding1 of the principles and basis for adopting Shariah contracts • Harmonise the interpretation and application of Shariah views and opinions • Provide an important reference point for the Shariah committee to arrive at Shariah decisions pertaining to Islamic financial transactions, products and services The SPR initiative aims to define and outline the essential features of Islamic financial products and services based on the underlying Shariah contracts that are endorsed by the Shariah boards and adopted by Islamic financial institutions. To ensure the robustness of the SPR, BNM has conducted extensive research, compiled various fatwas and views from local and international Shariah boards and sought feedback from BNM’s SAC, the academia, international bodies and other relevant stakeholders. As of March 2010, BNM has issued SPRs on Ijarah, Murabahah and Mudarabah contracts and is finalising work on Istisna and Wadiah SPRs. 1 SPR to serve as an important reference document particularly for Islamic financial institutions, Shariah advisors and academia 64 / Gateway to Asia: Malaysia, international Islamic finance hub International Shari’ah Research Academy for Islamic Finance (ISRA) BNM via the International Centre for Education in Islamic Finance (INCEIF) set up ISRA in March 2008 to promote applied research in the area of Shariah and Islamic finance. This is achieved through compiling, translating and publishing fatwas and resolutions relating to Islamic financial products and structures across the world. Up to October 2009, ISRA has translated about 200 fatwas, which are published in different avenues1. Apart from compiling fatwas, ISRA is helping to develop Shariah knowledge through: • Undertaking Shariah research in Islamic banking, ICM and takaful • Providing a platform for greater engagement among practitioners, scholars, regulators and academicians through research and dialogues • Offering scholarship and research grants to support and strengthen human capital development in the areas of Shariah ISRA is also aiming to develop a comprehensive research portal in Islamic finance for various stakeholders to share knowledge. 1 ISRA’s research finds are published in ISRA Bulletin, ISRA International Journal in Islamic Finance, ISRA Monograph, ISRA Research Papers and ISRA Book Series PricewaterhouseCoopers / 65 66 / Gateway to Asia: Malaysia, international Islamic finance hub TAX NEUTRALITY & INCENTIVES Comprehensive tax approach to treating and promoting Islamic finance PricewaterhouseCoopers / 67 Tax neutrality and incentives Comprehensive tax approach to treating and promoting Islamic finance Tax overview The government’s comprehensive approach in streamlining tax laws relating to the treatment of Islamic financial instruments and transactions has put Malaysia at the forefront of Islamic finance and facilitated the industry’s development. As far back as 2001, Malaysia already offered a host of tax incentives aimed at promoting the country as an international Islamic financial centre, and continues to evolve with industry needs. Chart 53: Streamlined tax structure to facilitate the Islamic finance markets and transactions Supporting framework Regulatory framework Legal Acts Regulatory bodies Other regulatory and developing bodies Islamic finance institutions Islamic capital market • Islamic Banking Act 1983 • Takaful Act 1983 • Central Banking Act 2009 • Labuan Islamic Financial Services and Securities Act 2010 • Development Financial Institutions Act 2002 • Securities Commission Act 1993 • Capital Markets and Services (Amendment) Act 2010 Tax Government sukuk • Income Tax 1867 • Real Property Gains Tax Act 1976 • Stamp Act 1949 • Government Investment Act 1983 • Government Funding Act 1983 Bank Negara Malaysia Securities Commission Malaysia Inland Revenue Board; Royal Malaysia Customs Ministry of Finance; Bank Negara Malaysia National Shariah Advisory Council Shariah Advisory Council Tax neutrality framework Issuance of sovereign sukuk Labuan Offshore Finance Services Authority (LOFSA) The Malaysia International Islamic Financial Centre (MIFC) initiative 68 / Gateway to Asia: Malaysia, international Islamic finance hub International Islamic Finance Market (IIFM) Islamic Finance Services Board (IFSB) Accounting & Auditing Organization for Islamic Finance Institutions (AAOIFI) Chart 54: Impact of tax neutrality No tax neutrality Tax neutrality • Disposal of assets/ properties may be subject to income tax or capital gains tax • Double stamp duty for the sale and leaseback of assets/ properties • Uncertainty in respect of what a company can take as a tax deduction • Underlying disposal of the assets/properties required for Islamic transactions will be disregarded for income tax purposes. Therefore, no additional tax impact on the sale and leaseback required in Islamic transactions • Stamp duty exemption on the underlying sale and disposal of assets/properties will mean that no additional stamp duty will be applicable compared to a conventional transaction • Profit element will be treated as “interest” for tax purposes. Tax deductibility on expenses incurred available so long as tests of tax deductibility has been met Chart 55: Various tax incentives to promote Malaysia as an international Islamic financial centre Tax Incentives Tax exemption of Islamic banks and takaful companies Tax exemption of fund managers Tax deduction on issuance costs of Islamic securities Exemption from withholding tax REITs Stamp duty Facilitation of financing transactions Human Capital Others PricewaterhouseCoopers / 69 Tax incentives In line with the Malaysian government’s efforts to promote Malaysia as an International Islamic financial centre, substantial tax incentives have been provided in the area of Islamic finance. Tax exemption of Islamic banks and takaful companies • Income tax exemption up to Year of Assessment (YA) 2016 for Islamic banks and Islamic banking units licensed under the Islamic Banking Act 1983 on income derived from Islamic banking business conducted in international currencies, including transactions with Malaysian residents; and Exemption from withholding tax Income received by non-residents from financial institutions established under the Islamic Banking Act 1983, and other financial institutions approved by the Minister of Finance be exempt from tax as well. This is to streamline tax treatment on profits received by foreign non-resident customers from all financial institutions. • Income tax exemption up to YA 2016 for takaful companies and takaful units licensed under the Takaful Act 1984 on income derived from takaful business conducted in international currencies including transactions with Malaysian residents. Profits paid in respect of Islamic securities/debentures (other than convertible loan stock) to non-residents are exempted from withholding tax. This includes Ringgit securities approved by SC and non-Ringgit instruments approved by SC or Labuan Financial Services Authority (Labuan FSA). Profits paid on non-Ringgit Islamic securities to residents are also exempted if approved by SC or Labuan FSA. Facilitation of financing transactions The definition of partnership for tax purpose is very wide and includes all types of partnerships. Hence, any type of partnership, unless specifically excluded, would have to file tax returns. In recognising and promoting Islamic financing structures based on the concept of Musharakah or Mudharabah, such financing transactions need not file partnership tax returns. This is effective from YA 2007. REITs REITs have also been provided with further boost through several tax initiatives: • So long as REITs distribute at least 90% of income to investors, the REITs will not have to pay tax. • Where a REIT is not subject to tax, distributions to investors will be subject to reduced withholding tax for five years, namely: -- Non-corporate investors, including resident and non-resident individuals, that receive distributions from approved REITs, be subject to a final withholding tax of 10% up to 31 December 2011; and -- Foreign institutional investors, especially pension funds and collective investment funds, that receive distributions from approved REITs, will also be subject to a final withholding tax of 10% up to 31 December 2011. -- Withholding tax of 25% applies to non-resident corporate investors. Resident corporate investors will declare such REIT distributions in their tax returns and subject to normal corporate tax at 25%. Where a REIT is subject to tax at 25% (i.e. where less than 90% of income is not distributed), tax credits are available to investors to offset against income in computing their tax payable. 70 / Gateway to Asia: Malaysia, international Islamic finance hub Human Capital In encouraging Malaysians to explore Islamic finance as a career choice, tax relief not exceeding RM5,000 (US$1,511) per annum is also provided on Islamic finance courses approved by BNM or SC at local institutions. Extension of tax deduction on issuance costs of Islamic securities Extension of an additional five years to 2015, tax deduction on expenses incurred on the issuance of Islamic securities based on Ijarah, Istisna’, Mudharabah, Musharakah and other Islamic securities approved by SC or Labuan FSA. Stamp duty Further extension of stamp duty exemption of 20% on instruments of Islamic financing products approved by the SAC of BNM or SC up to 31 December 2015. This means that Islamic transactions will suffer less stamp duty by 20% compared to conventional financing instruments. 100% stamp duty exemption up to 31 December 2016 on foreign currency instruments executed by International Currency Islamic financial institutions. Others Other tax initiatives include: • Pre-commencement expenses of an Islamic stockbroking company will be allowed as tax deduction so long as the business commences within two years from approval by SC. Applications have to be received by SC before 31 December 2015. • Special purpose vehicles established under the Companies Act 1965 or Offshore Companies Act 1990 which elects to be taxed under the Income Tax Act 1967, solely to channel funds for the purposes of issuance of Islamic securities, is not subject to tax or tax administrative procedures, subject to approval from SC. • Double deduction on certain expenses incurred for the purpose of promoting Malaysia as an International Islamic Financial Centre (MIFC) is extended until YA 2015. • Tax exemption up to YA 2015 on profits derived from the regulated activity of dealing in non-Ringgit sukuk and advising on corporate finance relating to the arranging, underwriting and distributing of non-Ringgit sukuk approved by SC or Labuan FSA. PricewaterhouseCoopers / 71 Tax incentives International Islamic Bank International Takaful Operator Islamic Fund Management Company Market type International market Tax exemption Income tax exemption for International Islamic Bank (IIB) up to YA 2016. Withholding tax exemption Withholding tax exemption on: • profits received by resident depositors (individuals) and non-resident depositors (individuals and corporate bodies) • income received by non-resident experts in Islamic finance Stamp duty exemption Stamp duty exemption up to 2016 on underlying instruments executed pertaining to Islamic banking businesses conducted in foreign currencies. Others Fast and easy immigration approval for expatriates in Islamic finance and their family members. Tax neutrality has been accorded to Islamic financial instruments and transactions executed to fulfill Shariah requirements. Malaysia’s tax neutrality framework promotes a level playing field between conventional and Islamic financial products. Market type International market Tax exemption Income tax exemption for International Takaful Operator (ITO) up to YA 2016. Withholding tax exemption Withholding tax exemption on income received by non-resident experts in Islamic finance. Stamp duty exemption Stamp duty exemption up to 2016 on underlying instruments executed pertaining to takaful businesses conducted in foreign currencies. Others Fast and easy immigration approval for expatriates in Islamic finance and their family members. Market type International market Tax exemption Income tax exemption for Islamic Fund Management Company (IFMC) on all income derived from a business of providing fund management services to local and foreign investors up to YA 2016. Withholding tax exemption Income tax exemption on income received by nonresident experts in Islamic finance. Others Fast and easy immigration approval for expatriates in Islamic finance and their family members. Islamic fund management companies are allowed to invest all their Shariah funds abroad. 72 / Gateway to Asia: Malaysia, international Islamic finance hub PricewaterhouseCoopers / 73 74 / Gateway to Asia: Malaysia, international Islamic finance hub PwC ISLAMIC FINANCE SERVICES PricewaterhouseCoopers / 75 PwC Islamic finance services Global reach, local knowledge With the enhanced focus and expansion of Islamic finance to all areas of financial services globally, it becomes increasingly important to have advisors who can apply their knowledge to products and services relating to Islamic finance, locally and globally. The PricewaterhouseCoopers (PwC) in Malaysia Islamic finance team has extensive experience in Islamic finance and banking developments in Malaysia, working with regulators to achieve their strategy to evolve Malaysia as an integrated international Islamic banking and financial hub. Our Islamic finance team has performed audit reviews, and provided advisory services and tax advice to local and international banks and regulatory bodies. PwC gained market recognition in Islamic finance when it was voted “Best Islamic Consultancy” in REDmoney’s Islamic Finance News (IFN) Awards Poll 2009. The IFN Poll recognises the best providers of Islamic financial services across a series of markets and sectors as voted by Islamic finance practitioners globally. Besides being a Partner of PwC Malaysia, Mohammad Faiz Azmi is also the Global Leader in Islamic finance, leading the Global Islamic Finance Team (GIFT) with team members in Kuala Lumpur, Dubai, Bahrain and London. GIFT acts as a coordinating unit to manage PwC’s service offerings globally and has been providing services in strategy, IT, tax, audit and performance improvement work to Islamic finance entities globally. 76 / Gateway to Asia: Malaysia, international Islamic finance hub PwC Malaysia voted Best Islamic Consultancy Connect with us for these services Accounting & tax services • Statutory audits • Shariah audit services • Financial accounting advice - application of accountng standards and treatment of financial instruments • AAOIFI gap analysis and application • Basel II work in relation to the implementation of Islamic Financial Services Board (IFSB) Capital Adequacy Standard • Sukuk financial advisory • Tax advisory and planning Licensing & compliance • Licence application and other regulatory approval • Licensing and legal vehicle assessment and selection • Start-up support for new entities or ventures in banking, takaful or capital market-related institutions • Inventorise and advice on local regulatory obligations and expectations of local regulators • Develop and implement local compliance requirements, including standards, policies and procedures We can assist foreign clients in the following areas • Application of licences: -- International Islamic Banking licence -- International Takaful Operator licence • Feasibility studies and business plans for submission during licence application • Liaise with MIFC regulators i.e. BNM, SC, Labuan FSA and Bursa Malaysia • Provide advisory services on related Malaysian laws such as Islamic Banking Act 1983, Takaful Act 1984, Exchange Control Act 1953 Strategy and business advisory • Strategy and business planning • Feasibility studies and business plans • IT conversions for Islamic financial reporting • Process improvement of banks and takaful operators • Training on subjects such as AAOIFI standards • Internal audit training • Transaction support on acquisition of assets or entities PricewaterhouseCoopers / 77 Contact us PricewaterhouseCoopers Level 10, 1 Sentral Jalan Travers Kuala Lumpur Sentral P O Box 10192 50706 Kuala Lumpur, Malaysia T: +60 (3) 2173 1188 F: +60 (3) 2173 1288 E: [email protected] W: www.pwc.com/my Malaysia Global Assurance Tax Mohammad Faiz Azmi Partner PricewaterhouseCoopers [email protected] Jennifer Chang Senior Executive Director PricewaterhouseCoopers Taxation Services Sdn Bhd (Financial Services) [email protected] Manjit Singh Senior Executive Director PricewaterhouseCoopers (Financial Services - Asset Management) [email protected] Nik Shahrizal Sulaiman Executive Director PricewaterhouseCoopers (Financial Services) [email protected] Azura Othman Executive Director PricewaterhouseCoopers Taxation Services Sdn Bhd (Financial Services) [email protected] Advisory Narita Naziree Associate Director PricewaterhouseCoopers Capital Sdn Bhd (Valuation & Strategy) [email protected] Liza Mydin Manager PricewaterhouseCoopers Advisory Services Sdn Bhd (Governance, Risk and Compliance) [email protected] 78 / Gateway to Asia: Malaysia, international Islamic finance hub Mohammad Faiz Azmi Global Islamic Finance Leader [email protected] Bahrain Madhukar Shenoy Partner [email protected] +973 (17) 540 554 UAE Ashruff Jamall Partner [email protected] +971 (4) 3043105 UK Mohammad Khan Director UK Islamic finance leader [email protected] +44 (0) 20 721 31945 PricewaterhouseCoopers publications International Islamic Bank Islamic Fund Management Company International Takaful Operator Liberalisation of Malaysia’s Financial Services sector Growing pains: Managing Islamic banking risks Shariah-compliant funds: A whole new world of investment Takaful: Growth opportunities in a dynamic market Open to comparison: Islamic finance and IFRS -PUHUJPHS:LY]PJLZ 6WLU[VJVTWHYPZVU! 0ZSHTPJÄUHUJL HUK0-9: The day after tomorrow A PwC perspective on the Gobal Financial Crisis Banking Banana Skins 2010 Basel Committee proposals for ‘Strengthening the resilience of the banking sector’ Balance sheet management benchmark survey PricewaterhouseCoopers / 79 80 / Gateway to Asia: Malaysia, international Islamic finance hub Appendices The Malaysia International Islamic Financial Centre (MIFC) initiative Islamic finance products & concepts Islamic finance glossary Acronyms PricewaterhouseCoopers / 81 Appendices The Malaysia International Islamic Financial Centre (MIFC) initiative In August 2006, the Malaysia International Islamic Financial Centre (MIFC) initiative was launched to position Malaysia as a hub for international Islamic finance. The MIFC initiative comprises a community network of the country’s financial and market regulators, including BNM, SC, Labuan FSA and Bursa Malaysia; Government ministries and agencies together with industry participation from the banking, takaful, capital market institutions, human capital development institutions and professional services companies which are participating and working collaboratively in the field of Islamic finance. The MIFC initiative is supported by global legal, regulatory and Shariah best practices that enable industry practitioners to conduct international business in Islamic finance activities anywhere in Malaysia in the areas of sukuk origination, Islamic fund and wealth management, international Islamic banking, takaful and human capital development, while enjoying attractive incentives. Through the “Shaping Islamic Finance Together” brand proposition, Malaysia welcomes global talents, leading players, issuers and investors to shape the future of Islamic finance, together through the MIFC initiative, leveraging on and benefiting from Malaysia’s more than 30 years of experience in Islamic finance, in an environment of innovation and thought leadership. Visit www.mifc.com 82 / Gateway to Asia: Malaysia, international Islamic finance hub Chart 55: Malaysia’s Islamic finance industry is globally integrated MIFC • • • • Labuan FSA International Islamic Banks International Takaful Operators Labuan International Financial Exchange (LFX) Islamic equity E.g. international Shariahcompliant securities and indices, Shariah-based REITs and Islamic ETFs • • • • • International Islamic finance institutions International investment banks Islamic fund managers International pension funds Sovereign wealth funds Sukuk E.g. international sovereign sukuks, corporate sukuks, Islamic exchangeable bonds and sukuk exchange International Shariahbased fund management • International Currency Business Unit (ICBU) • ICBU for Islamic banks • ICBU for takaful operators Islamic banking E.g. foreign currency Shariah-based financing, deposits, trade financing and investment banking Takaful E.g. international family takaful, general takaful and retakaful International Islamic structured investment products Islamic finance market Islamic capital market International International Islamic finance system Domestic Domestic Islamic capital market Islamic equity E.g. Shariah-compliant securities and indices, Shariah-based REITs and Islamic ETFs Shariah-based unit trust/ mutual funds Pension fund Islamic finance market Sukuk E.g. government sukuks, corporate sukuks, Islamic exchangeable bonds and sukuk exchange Islamic banking E.g. Shariah-based financing, deposits, trade financing, investment banking and Islamic Interbank Money Market (IIMM) Takaful E.g. family takaful, general takaful and retakaful Islamic structured investment products Fund/unit trust management companies Pilgrim fund board Islamic stockbroking services Investment banks Islamic banks Takaful operators Islamic financial institutions Source: PricewaterhouseCoopers PricewaterhouseCoopers / 83 Appendices Islamic finance products & concepts • Islamic banking • Islamic interbank money products • Takaful • Islamic retail products • Islamic debt securities (sukuk) • Shariah-compliant equity & indices • Shariah-based unit trust funds • Other Islamic investment products Islamic banking Ijarah Modern Islamic finance was developed as an intermediation channel for Muslims to conduct their savings and investment activities in accordance with Islamic principles. Ijarah is a lease financing structure. In the lease arrangement, the financier leases equipment, building or other facilities to a client at agreed rental fees or charges. Today, over three-quarters of Islamic bank financing revolves around three financing concepts, namely: In one of the leasing products, Ijarah Thumma Al-Bai, the lease agreement includes the subsequent purchase of leased asset at the end of the lease tenure. 1. Bai’ Bithaman-Ajil (deferred payment sale) 2. Ijarah (leasing) 3. Murabahah (cost-plus profit margin) Bai’ Bithaman-Ajil (BBA) BBA is a contract for sale of goods on a deferred payment basis for property, vehicle and financing of other consumer goods. Under the scheme, the property or asset will be purchased by the financier and sold at an agreed price once the tenure and manner of repayment is agreed upon. The repayment amount is usually fixed throughout the whole period of contract. 84 / Gateway to Asia: Malaysia, international Islamic finance hub Murabahah Under Murabahah, the seller purchases the asset at cost and sells it back to the customer at a marked-up price agreed to by both parties. It is an agreement that refers to the sale and purchase transaction for the financing of an asset or project, whereby the costs and profit margin are made known and agreed to by all parties involved. Islamic interbank money market (IIMM) products Mudharabah Interbank Investment (MII) The IIMM covers the Mudharabah interbank investment and interbank trading of Islamic financial instruments which are essential in managing short term liquidity needs of Islamic banks. The commonly traded Islamic interbank money products in the money market include: MII refers to a mechanism whereby a deficit Islamic banking institution (investee bank) can obtain investment from a surplus Islamic banking institution (investor bank) based on Mudharabah (profitsharing). The investment period is from overnight to 12 months, while the rate of return is based on the rate of gross profit before distribution for investment of one year of the investee bank. The profit-sharing ratio is negotiable between both parties. • Mudharabah Interbank Investment • Government Investment Issues • Malaysian Islamic Treasury Bills • Bank Negara Negotiable Notes-i • Commodity Murabahah At the time of negotiation, the investor bank and investee bank will agree to the profit-sharing rate upfront. Government Investment Issues (GII) The Malaysian government issues non-interest bearing certificates known as GII to facilitate Islamic banks’ purchase of liquid securities to meet the statutory liquidity requirements as well as to park idle funds. The GII was introduced in July 1983 under the concept of Qard Al-Hasan. Malaysian Islamic Treasury Bills (MITB) MITB are short-term securities issued by the Malaysian Government based on Bai Al-Inah principle (sale and immediate purchase). BNM on behalf of the government will sell the government’s assets through tender to form the underlying transaction of the deal. The MITB price is determined after profit element is imputed (discounting factor) and issued to successful bidders to represent the debt created in return for the cash receipt. The bidders will subsequently sell back the assets to the government at par based on credit term. Bank Negara Negotiable Notes-i (BNNN-i) BNNN-i are Islamic securities issued by BNM using Islamic principles which are deemed acceptable to Shariah requirement. Issuances of BNNN-i can be either on a discounted or a coupon-bearing basis depending on investors’ demand. Discount-based BNNN-i is traded using the same market convention as MITB while the profitbased BNNN-i adopts the market convention of GII. Commodity Murabahah Commodity Murabahah is a sale of certain specified commodity, at cost plus mark-up. The Commodity Murabahah Programme (CMP) launched by BNM in 2007 utilises crude palm oil-based contract as an underlying asset. CMP provides certainty of returns as it is undertaken based on pre-agreed margin or mark-up from the sale and purchase of the underlying assets. PricewaterhouseCoopers / 85 Takaful General takaful Takaful is an insurance concept in Shariah whereby a group of participants mutually agree to guarantee each other against defined loss or damage that may be inflicted upon any of them by contributing as tabarru (donation, gift or contribution) or donation to the takaful funds operated by a takaful operator. It emphasises unity and cooperation among participants. General takaful refers to takaful scheme for short-term basis, usually 12 months, to compensate its participants for any material loss, damage or destruction they might suffer arising from a misfortune that might be inflicted upon their properties or belongings. Tabarru is the core of the takaful system that makes the uncertainty element allowable under the takaful contract. If at the end of the period, there is a net surplus in the general takaful fund, the surplus shall be shared between the participants and the operator in accordance with the principle of Mudharabah. This is provided that the participant has not incurred any claims and/or received any benefits under the general takaful certificate. Family takaful The family takaful plan is a combination of long-term investment and mutual financial assistance scheme similar to the conventional life insurance. The objectives of this plan are to save regularly to earn investment returns in accordance with Islamic principles and to obtain coverage in the event of death prior to maturity from a mutual aid scheme. Each contribution paid is credited into two separate accounts for contribution and savings or investment. 86 / Gateway to Asia: Malaysia, international Islamic finance hub Islamic retail products Malaysia offers a comprehensive array of Islamic financial products and services onshore and offshore, ranging from retail to wholesale banking, takaful, money as well as capital and bond markets. Islamic banking product Takaful products Investment products Financing Family takaful Hire purchase Cash line facility Share financing Leasing Fixed asset financing Term financing Working capital financing Revolving credit facility Equipment financing Project financing Contract financing Joint venture Bridging financing Export credit refinancing Endowment takaful Medical and health takaful Investment-linked takaful Education plan takaful Mortgage takaful Annuity takaful Travel takaful Shariah-compliant stocks Shariah-based unit trust funds Islamic REITs Islamic structured investment products Islamic stockbroking services Trade Financing Letter of credit Accepted bill Trust receipt Bank/shipping guarantee Inward/outward bills for collection Multi-currency trade financing facility Indirect exported financing scheme General takaful Motor takaful Fire takaful Personal accident takaful Engineering takaful Marine, aviation and transit takaful Contractor’s all risks and engineering takaful Liability takaful Workmen compensation takaful PricewaterhouseCoopers / 87 Islamic debt securities (sukuk) Musharakah Bai’ Bithaman Ajil (BBA) Sukuks are Islamic bonds which have similar characteristics with a conventional bond, the difference being that they are asset-backed1 and free from usury (interest). Musharakah is a partnership financing agreement between two parties or more to engage in a specific business activity. All the partners are entitled to a share in the profits of a project at a mutually agreed ratio, while losses are shared in proportion to the amount invested. In addition, partners who contribute funds have the right to exercise executive powers in the project, similar to a conventional partnership structure and the holding of voting stocks in a limited company. BBA is a deferred-payment sale agreement. It is a contract that refers to the sale and purchase transaction for the financing of an asset on a deferred and an instalment basis with a pre-agreed payment period. The sale price will include a profit margin. Sukuks are structured with a no interest element. They are linked to the returns and cash flows of the financing to the assets purchased or the returns generated from the assets purchased. This is done to avoid trading of debts, which is prohibited under Shariah. Among the major sukuk-based concepts in Malaysia are: • • • • • Musharakah Ijarah Murabahah Istisna Bai’ Bithaman Ajil Murabahah Murabahah is a contract of cost plus profit margin. It involves a financier acquiring an asset for a purchaser. A price margin is imputed into the sale of the asset from the financier to the end purchaser. Typically, commodity trade financing is accomplished with Murabahah sukuk. 88 / Gateway to Asia: Malaysia, international Islamic finance hub Ijarah Ijarah, which is equivalent to leasing, involves the transfer of the property against the consideration of periodic rentals. The Ijarah arrangement can help financiers create a secondary market through securitisation of the leased assets. Since the lessor in Ijarah owns the leased assets, the lessor can sell the assets to a third party who replaces the seller’s rights and obligations. Istisna Under Istisna (pre-delivery and leasing), the financier provides funds to the supplier, who agrees to produce, manufacture or construct a specific asset. The financier thus acquires the title of the asset and will sell or lease the asset back. Manufacturing and construction financing are common projects supported with financing via Istisna. Istisna is also suited for long-term project financing e.g. infrastructure construction. Shariah-compliant equities and indices Islamic equity Islamic equity indices The Islamic equity sector comprises products such as Shariah-compliant securities listed on Bursa Malaysia and Islamic mutual funds or Islamic unit trust funds. The SC’s SAC list of Shariah-compliant securities provides essential reference as well as confidence for Muslim investors in identifying and investing in Shariahcompliant securities. The availability of Shariahcompliant securities led to the introduction of the Islamic stock equity index in 1999, known as the Kuala Lumpur Shariah Index, to meet the demands of local and foreign investors who seek to invest in Shariah-compliant securities. This Index facilitates the tracking and benchmarking of the performance of such securities listed on the Main Board of Bursa Malaysia. The Index was subsequently replaced in 2007 when the FTSE Bursa Malaysia EMAS Shariah and FTSE Bursa Malaysia Hijrah Indices were introduced. The FTSE Bursa Malaysia EMAS Shariah Index is designed to provide investors with a broad benchmark for Shariah-compliant investment for the Malaysian market. This Index features: • Constituents of the FTSE Bursa Malaysia EMAS Index • Equities that are in compliance with the screening requirements of the SAC The Index takes the constituents of the FTSE Bursa Malaysia EMAS Index, which has been free float weighted and liquidity screened, and overlays the SAC screening methodology to derive a highly investable and transparent Shariah compliant index. The FTSE Bursa Malaysia Hijrah Index is targeted to attract global investors. This Index comprises: • The largest 30 companies on the FTSE Bursa Malaysia EMAS Index • Equities that are screened by the SAC and global Shariah consultancy, Yasaar Ltd, to meet the requirements of international Shariah-compliant investors There is also a Dow Jones Islamic Market Index series which RHB Capital Bhd and Dow Jones & Co Inc launched in 2005. The Dow Jones-RHB Islamic Malaysia Index, a co-branded Islamic Index, adopts the methodology of the Shariah-compliant index family. PricewaterhouseCoopers / 89 Shariah-based unit trust funds Shariah-based unit trust funds are collective investment funds that offer investors with the opportunity to invest in a diversified portfolio of Shariahcompliant securities managed by professional managers in accordance with Shariah principles. The schemes are available in many forms such as Islamic equity funds, bond funds, index funds and others. Islamic Exchange Traded Funds (ETFs) are index tracking fund that are listed and traded on a stock exchange. Islamic ETFs only track an Islamic benchmark index where the index constituents comprise companies which are Shariah-compliant. Other Islamic investment products Islamic Real Estate Investment Trusts (REITs) Islamic REITs are collective investment funds that pool money from investors to buy, manage and sell real estate through Shariah-compliant capital market instruments. A REIT contract is binding on all investors through a musharakah or partnership structure. There are currently two Islamic REITs in the market. The first REIT was launched by the healthcare sector, the Al-Aqar KPJ REITs, in 2006 with a fund size of US$49 million (RM180 million). The other Islamic REIT is the Al-Hadharah Boustead REIT which made its debut in 2007 with US$67 million (RM230 million) raised. 90 / Gateway to Asia: Malaysia, international Islamic finance hub Islamic structured investment products Structured investment products are synthetic investments which can be an alternative to direct investments, as part of the asset allocation process to reduce risk exposure of a portfolio or to leverage current market trends. Similar to its conventional counterpart, Islamic structured investment products have become an increasingly important investment tool for both investors and wealth managers. A new addition to Islamic structured investment products is the CIMB Islamic All-Stars Global Restricted Mudharabah Structured Investment. The structured investment product combines 100% capital protection, if held to its five-year maturity period, with returns linked to the performance of 20 global blue chip multinational companies. Islamic stockbroking services Islamic stockbroking services began in 1994. Currently, there are three players that provide both conventional and Islamic stockbroking services. PricewaterhouseCoopers / 91 Appendices Islamic finance glossary Islamic term Definition Bai Sale Bai Al-Inah • A contract of sale and purchase of an asset whereby the seller sells to the buyer in cash and subsequently buys back the asset at a marked up deferred price • A contract of sale and purchase of an asset whereby the seller sells to the buyer at a deferred price and subsequently buys back at a lower cash price Bai’ Bithaman-Ajil Contract for sale of goods on a deferred payment basis for property, vehicle and other consumer goods Fatwa Islamic rules derived from Quran and Sunnah Hijrah Muslim calendar Ijarah Hiring of services or leasing of assets Ijarah Thumma Al-Bai Lease agreement and subsequent purchase of leased asset at the end of the lease tenure Istisna A contract of sale of specified items to be manufactured or constructed, with an obligation on the part of the manufacturer or builder (contractor) to deliver them to the customer upon completion Mudharabah Agreement between capital provider and entrepreneur to enable the entrepreneur to carry out business activities. Profit will be shared on pre-determined ratio and losses will be borne by capital provider Murabahah The sale of goods at cost plus agreed profit mark-up Musharakah Partnership financing agreement between two parties or more to engage in a specific business activity Note: Spellings of the glossary are done with the closest match to its Arabic origins. There is also no capitalisation of Arabic words except as specified or when grammar requires it. 92 / Gateway to Asia: Malaysia, international Islamic finance hub Islamic term Definition Qard Al-Hasan Benevolent loan, interest-free loan Shariah Set of rules derived from both the holy Quran and the authentic traditions (Sunnah) of the Prophet (PBUH) and the scholarly opinions (ijtihad) based on Quran and Sunnah Shariah advisor Independent professional, usually a classically trained Islamic legal scholar who advises an Islamic bank on the compliance of its products and services with Islamic law Shariah-compliant Act or activity that complies with the requirements of the Shariah principle Shariah principle Principle derived from the Quran and Sunnah Shariah schools of thought Hanafi - Considered the oldest and most liberal Maliki - Appeals to common utility, the idea of the common good Shafii - Considered as the easiest school of thought Hanbali - Considered the most conservative in terms of social and personal rules Sukuk Islamic bonds. These bonds have similar characteristics with a conventional bond with some differences Tabarru Donation, gift or contribution Takaful Islamic insurance General takaful - short-term takaful schemes, usually 12 months Family takaful - long-term takaful schemes, similar to conventional life insurance PricewaterhouseCoopers / 93 Appendices Acronyms Acronyms Definition AAOIFI Accounting and Auditing Organization for Islamic Financial Institutions ABS Asset-backed securities BBA Bai’ Bithaman Ajil BNM Bank Negara Malaysia (central bank of Malaysia) BNNN-i Bank Negara Negotiable Notes-i CAGR Compound annual growth rate COE Centre of excellence DJI100X Dow Jones Islamic Market Index EPF Employees Provident Fund ETF Exchange traded fund FBM-KLCI FTSE Bursa Malaysia Kuala Lumpur Composite Index FSMP Financial Sector Master Plan FT Federal Territories GCC Gulf Cooperation Council (GCC countries include Saudi Arabia, Bahrain, Kuwait, Qatar, Oman and the United Arab Emirates) GCI Global Competitiveness Index GIFT Global Islamic Finance Team GII Government Investment Issue ICBU International Currency Business Unit ICM Islamic capital market ICT Information communication technology IFN Islamic Finance News 94 / Gateway to Asia: Malaysia, international Islamic finance hub Acronyms Definition IFSB Islamic Financial Services Board IFSL International Financial Services London IIB International Islamic Bank IIMM International Interbank Money Market IMF International Monetary Fund INCEIF International Centre for Education in Islamic Finance IPO Initial public offering ISRA International Shari’ah Research Academy for Islamic Finance ITO International Takaful Operator KLSI Kuala Lumpur Shariah Index Labuan FSA Labuan Financial Services Authority MIFC Malaysian International Islamic Financial Centre MII Mudharabah Interbank Investment MITB Malaysian Islamic Treasury Bills NAV Net asset value OPR BNM’s overnight policy rate RAM Rating Agency Malaysia REIT Real Estate Investment Trust RM Ringgit Malaysia SAC Shariah Advisory Council SC Securities Commission Malaysia YA Year of assessment PricewaterhouseCoopers / 95 PricewaterhouseCoopers drew on the support of its staff members with varied experience and knowledge. 96 / Gateway to Asia: Malaysia, international Islamic finance hub Project team Partner Mohammad Faiz Azmi Senior Executive Directors Chin Suit Fang Jennifer Chang Project team Pearlene Cheong Ong Khar Keong Thai Yong Ching Kuok Yew Kuan Editor Haniza Taufik Designer Karen Chong PricewaterhouseCoopers / 97 pwc.com © 2010 PricewaterhouseCoopers. All rights reserved. “PricewaterhouseCoopers” refers to PricewaterhouseCoopers in Malaysia. As the context requires, “PricewaterhouseCoopers” may also refer to the network of member firms of PricewaterhouseCoopers International Limited (PwCIL), each of which is a separate legal entity. Each member firm is a separate legal entity and PricewaterhouseCoopers in Malaysia does not act as agent of PwCIL or any other member firm nor can it control the exercise of another member firm’s professional judgment or bind another member firm or PwCIL in any way. Cs03040 98 / Gateway to Asia: Malaysia, international Islamic finance hub