APPENDIX 1: LIQUIDITY RISK

A. Liquidity Coverage Ratio (LCR)

1. The objective of the LCR is to promote short-term resilience of an Islamic Bank’s Liquidity Risk profile. The LCR aims to ensure that an Islamic Bank maintains an adequate level of unencumbered HQLA that can be converted into cash to meet its liquidity needs for a 30 calendar day period under a severe liquidity stress scenario.

2. The purpose of requiring Islamic Banks to maintain the HQLA portfolio and to meet the LCR requirement, is to ensure that Islamic Banks are resilient, in the short term, to Liquidity Risk. The LCR requirement is intended to ensure that an Islamic Bank always holds unencumbered assets that can be readily converted into sufficient cash to meet its liquidity needs for 30 calendar days even under severe liquidity stress.

3. The LCR is calculated under Rule 10.25.

4. The LCR has two components:

(a) Value of the stock of HQLA in stressed conditions; and

(b) Total Net Cash Outflows, calculated according to the stressed scenario parameters outlined in this section

5. The stress scenario entails both institution-specific and systemic shocks including:

(a) the run-off of a proportion of retail deposits;

(b) a partial loss of unsecured wholesale funding capacity;

(d) additional contractual outflows that would arise from a downgrade in the Bank’s public credit rating, where applicable, by up to and including three notches, including collateral posting requirements;

(e) increases in market volatility that affect the quality of collateral or potential future exposure of derivative positions and so require larger collateral haircuts or additional collateral, or lead to other liquidity needs;

(f) unscheduled draws on committed but unused credit and liquidity facilities that the Bank has provided to its clients; and

(g) the potential need for the Bank to buy back debt or honour non-contractual obligations to mitigate reputational risk.

6. For the purposes of complying with Rule 10.25, a currency is considered material to an Islamic Bank, if the aggregate liabilities denominated in that currency amount to 5% or more of its total liabilities.

High Quality Liquid Assets (HQLA)

7. Assets that meet the conditions and requirements specified in the following paragraphs 7 to 15 are eligible to be considered as HQLA. Those assets are considered to be HQLA as they can be converted easily and immediately into cash at little or no loss of value. To qualify as HQLA, assets should be liquid in markets during a time of stress.

8. In determining whether or not the market for an asset can be relied upon to raise liquidity during a time of stress, the following fundamental factors should be taken into account:

(a) low risk: high credit standing of the issuer and a low degree of subordination, low duration, low legal risk, low inflation risk, denomination in a convertible currency with low foreign exchange risk;

(b) ease and certainty of valuation;

(d) listing on a developed and recognised exchange.

9. In assessing the reliability of a market for raising liquidity during a time of stress, the following market-related characteristics should be taken into account, though not limited to them:

(a) active and sizable market, including active outright sale or repo markets at all times. This can be demonstrated through:

(i) historical evidence of market breadth and market depth (low bid-ask spreads, high trading volumes, large and diverse number of market participants); or

(ii) existence of robust market infrastructure (presence of multiple committed market makers);

(b) low price volatility, including historical evidence of relative stability of market terms (e.g. prices and haircuts) and volumes during stressed periods; or

(c) flight to quality, i.e. that historically the market has shown a tendency to move into these types of high quality assets in a systemic crisis.

HQLA – general operational requirements

10. To be eligible as HQLA, assets in the portfolio of HQLA must be appropriately diversified in terms of type of assets, type of issuer and specific counterparty or issuer. To be eligible as HQLA, assets must meet the following requirements:

(a) the assets must be under the control of the specific function or functions charged with managing the liquidity of the Islamic Bank who must have the continuous authority and legal and operational capability to liquidate any asset in the stock; and

(b) a representative portion of the assets in the stock of HQLA must be liquidated periodically and at least annually by the Islamic Bank to test its access to the market, the effectiveness of its processes for liquidation, the availability of the assets, and to minimize the risk of negative signaling during a period of actual stress.

11. To be eligible as HQLA, an asset must also meet the following requirements:

(a) the asset must be unencumbered and free of legal, regulatory, contractual or other restrictions that affect the ability of the Islamic Bank to liquidate, sell, transfer, or assign the asset;

(b) the asset must not be pledged, either explicitly or implicitly, to secure, collateralize or creditenhance any transaction, nor be designated to cover operational costs (such as rents and salaries); and

(c) an asset received in a securities financing transaction that is held at the Islamic Bank, is eligible for inclusion in the stock of HQLA only if the asset has not been rehypothecated and is legally and contractually available for the Islamic Bank’s use.

12. These requirements in paragraphs above are intended to ensure that the stock of HQLA is managed in such a way that the Islamic Bank can, and is able to demonstrate that it can, immediately use the assets as a source of contingent funds that is available to convert into cash to fill funding gaps between cash inflows and outflows at any time during the 30-day stress period, with no restriction on the use of the liquidity generated. The control of the HQLA may be evidenced either by:

(a) maintaining assets in a separate pool managed by the identified liquidity management function (typically the treasurer) with the sole intent to use it as a source of contingent funds;

(b) demonstrating that the relevant function can liquidate the asset at any point in the 30- day stress period and that the proceeds are available to the function throughout the 30- day stress period without directly conflicting with a stated business or risk management strategy.

13. Operational capability to liquidate assets referred to in paragraph 12 above, requires procedures and appropriate systems to be in place. This includes providing the liquidity management function with access to all necessary information to liquidate any asset at any time. Liquidation of the asset should be executable operationally within the standard settlement period for the asset class in the relevant jurisdiction.

Caps on different types of HQLA – calculation of LCR

14. Assets eligible to be included in the stock of HQLA for the purpose of the LCR calculation are classified under the following two categories:

(a) Level 1 HQLA, consisting of the highest quality and most liquid assets; and

(b) Level 2 HQLA, including Level 2A HQLA and Level 2B HQLA, consisting of other high quality liquid assets.

15. When calculating the total stock of HQLA, an Islamic Bank must apply the following caps in respect of each category of assets:

(a) Level 1 HQLA can be included in the total stock of HQLA without any limit (i.e. up to 100% of HQLA);

(b) Total Level 2 HQLA, including both Level 2A HQLA and Level 2B HQLA, can comprise only up to 40% of the total stock of HQLA; and

(c) Level 2B HQLA can comprise only up to 15% of the total stock of HQLA within the overall 40% limit on Level 2 HQLA in (b).

16. The caps on Level 2 HQLA and Level 2B HQLA must be determined after applying the haircuts required to cover currency mismatches, and after unwinding the amounts of HQLA involved in shortterm secured funding, secured financing and collateral swap transactions maturing within 30 calendar days that involve the exchange of HQLA. The assets to be included in each category of HQLA must be restricted to assets being held or owned by the Islamic Bank on the first day of the stress period, irrespective of their residual maturity.

17. The following paragraphs illustrate how the caps on various types of HQLA, as specified in paragraphs 14 & 15 are to be applied in practice, for the calculation of LCR. The adjusted amounts of HQLA should be calculated as the amount of HQLA that would result after unwinding those shortterm secured funding, secured financing and collateral swap transactions that involve the exchange of any HQLA for any other HQLA. The calculation of the stock of HQLA for paragraph 15 can be expressed as the following formula:

Stock of HQLA = Level 1 HQLA + Level 2A HQLA + Level 2B HQLA – Adjustment for 15% cap – Adjustment for 40% cap

Where:

(a) Adjustment for 15% cap = Max (Adjusted Level 2B HQLA – 15/85 x(Adjusted Level 1 HQLA + Level 2A HQLA), Adjusted Level 2B HQLA - 15/60 x (Adjusted Level 1 HQLA, 0)

(b) Adjustment for 40% cap = Max ((Adjusted Level 2A HQLA + Adjusted Level 2B HQLA – Adjustment for 15% cap) - 2/3 x Adjusted Level 1 HQLA, 0)

Level 1 HQLA

18. Level 1 HQLA must be valued at market value and it consists of:

(a) banknotes and coin;

(b) central bank reserves, to the extent that such reserves are capable of being drawn down immediately in times of stress

(c) marketable Islamic securities representing claims on or claims guaranteed by sovereigns, central banks, Public Sector Entities (PSEs), the Bank for International Settlements, the International Monetary Fund, the European Central Bank and European Commission or Multilateral Development Banks (MDBs), and that satisfy all of the following conditions:

(i) they are assigned a zero % risk-weight according to Chapter 4 and App4 of this Module;

(ii) they are traded in large, deep and active repo or cash markets characterised by a low level of concentration

(iii) they have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions; and

(iv) they are not an obligation of a financial institution or any of its associated entities

(d) in the case of sovereigns that are not eligible for zero % risk-weight, sovereign or central bank sukuk or sukuk issued in domestic currencies by the sovereign or central bank in the country in which the Liquidity Risk is being taken or in the Islamic Bank’s home jurisdiction, where those securities satisfy all of the conditions in paragraph (c) (ii)(iii) and (iv) above;

(e) in the case of sovereigns that are not eligible for zero % risk-weight, domestic sovereign or central bank Sukuk issued in foreign currencies, up to the amount of the Islamic Bank’s stressed net cash outflows in that specific foreign currency stemming from the Islamic Bank’s operations in the jurisdiction where the Islamic Bank’s Liquidity Risk is being taken, where those securities satisfy all of the conditions in paragraph (c) (ii)(iii) and (iv) above; and

(f) any other types of assets approved by the AFSA under paragraph 21 of this appendix as being eligible to be Level 1 HQLA.

Level 2A HQLA

19. Level 2A HQLA must be valued at market value and subject to a 15% haircut and it consists of:

(a) marketable securities representing claims on or guaranteed by sovereigns, central banks, PSEs or MDBs that satisfy all of the following conditions:

(i) they are assigned a 20% risk-weight according to Chapter 6 of IBB Module;

(ii) they are traded in large, deep and active repo or cash markets characterised by a low level of concentration;

(iii) they have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions (i.e. maximum decline of price or increase in haircut over a 30-day period during a relevant period of significant liquidity stress not exceeding 10%); and

(iv) they are not an obligation of a financial institution or any of its associated entities.

(b) corporate sukuk (including commercial paper) that satisfy all of the following conditions:

(i) in the case of corporate sukuk: they must not be issued by a financial institution or any of its associated entities and must include only plain vanilla assets (i.e. not include complex structured products or subordinated debt) whose valuation is readily available based on standard methods and does not depend on private knowledge;

(ii) in the case of covered sukuk: they must not be issued by the Islamic Bank itself or any of its associated entities

(iii) the assets must have a Credit Quality Grade of 1 from a recognised ECAI or, if the assets do not have a credit assessment by a recognised ECAI, they must be internally rated as having a probability of default (PD) corresponding to a Credit Quality Grade of 1;

(iv) they must be traded in large, deep and active repo or cash markets characterised by a low level of concentration; and

(v) they must have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions (i.e. maximum decline of price or increase in haircut over a 30-day period during a relevant period of significant liquidity stress not exceeding 10%); and

Level 2B HQLA

20. Level 2B HQLA must be valued at market value and subject to an appropriate haircut, as specified in (2), for each type of asset and it consists of:

(a) residential financing backed securities that satisfy all of the following conditions, subject to a 25% haircut:

(i) they are not issued by, and the underlying assets have not been originated by, the Islamic Bank itself or any of its affiliated entities;
(ii) they have a Credit Quality Grade of 1 from a recognised ECAI;
(iii) they are traded in large, deep and active repo or cash markets characterised by a low level of concentration;
(iv) they have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions, (i.e. maximum decline of price or increase in haircut over a 30-day period during a relevant period of significant liquidity stress not exceeding 20%);
(v) the underlying asset pool is restricted to residential financings and does not contain structured products;
(vi) the underlying residential financings are “full recourse’’ financings (i.e. in the case of foreclosure the financing owner remains liable for any shortfall in sales proceeds from the property) and have a maximum financing-to- value ratio (FTV) of 80% on average at issuance; and
(vii) the securitisations are subject to “risk retention” regulations which require issuers to retain an interest in the assets they securitise;

(b) corporate sukuk (including commercial paper) that satisfy all of the following conditions, subject to a 50% haircut:

(i) they are not issued by a financial institution or any of its affiliated entities;
(ii) they have a Credit Quality Grade of 2 or 3 from a recognised ECAI or, in the case the assets do not have a credit assessment by a recognised ECAI, are internally rated as having a probability of default (PD) corresponding to a Credit Quality Grade of 2 or 3;
(iii) they are traded in large, deep and active repo or cash markets characterised by a low level of concentration; and
(iv) they have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions, (i.e. maximum decline of price or increase in haircut over a 30-day period during a relevant period of significant liquidity stress not exceeding 20%);

(i) they are not issued by a financial institution or any of its affiliated entities;
(ii) they are exchange traded and centrally cleared;
(iii) they are a constituent of the major stock index in the home jurisdiction, or where the Liquidity Risk is taken, as decided by the supervisor in the jurisdiction where the index is located;
(iv) they are denominated in the domestic currency of an Islamic Bank’s home jurisdiction or in the currency of the jurisdiction where the Islamic Bank’s Liquidity Risk is taken;
(v) they are traded in large, deep and active repo or cash markets characterised by a low level of concentration; and
(vi) they have a proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions, (i.e. maximum decline of price or increase in haircut over a 30-day period during a relevant period of significant liquidity stress not exceeding 40%); and

(d) any other types of assets approved by the AFSA under paragraph 21 as being eligible to be Level 2B HQLA.

Approval of other types of HQLA

21. The AFSA may approve other types of assets as being eligible to be included in the stock of HQLA for the purposes of the calculation of the LCR. In such cases, the AFSA will also specify whether they are to be classified as Level 1 HQLA or Level 2 HQLA and the haircut, if any, to be applied to them. In such cases, the AFSA may also define the conditions that the assets must satisfy to be treated as HQLA.

Other provisions relating to LCR calculation

22. For the purpose of calculating the LCR, if an eligible asset within HQLA becomes ineligible (e.g. due to a rating downgrade), an Islamic Bank is allowed to keep the asset in its stock of HQLA for an additional 30 calendar days to allow time to adjust its stock as needed or replace the asset.

23. For the purpose of calculating a consolidated LCR for a Financial Group, where applicable, qualifying HQLA held to meet statutory liquidity requirements at a legal entity or sub-consolidated level may be included in the stock at the consolidated level only to the extent that the related risks are also reflected in the consolidated LCR. Any surplus of HQLA held at the legal entity can be included in the consolidated stock of HQLA only if those assets would also be freely available to the consolidated parent entity in times of stress.

24. An Islamic Bank must be able to meet its liquidity needs in each currency in which it has a material exposure. The currencies of the stock of HQLA of an Islamic Bank must be similar in composition to its liquidity needs by currency

Total Net Cash Outflow

25. An Islamic Bank must calculate its Total Net Cash Outflow over the following 30 calendar days in accordance with the following formula: Total Net Cash Outflows over the next 30 calendar days = total expected cash outflows – whichever is the lesser amount of total expected cash inflows or 75% of total expected cash outflows

26. Total expected cash outflows are calculated by multiplying the outstanding balances of various categories or types of liabilities and off-balance commitments by the rates at which they are expected to run off or be drawn down.

27. Total expected cash inflows are calculated by multiplying the outstanding balances of various categories of contractual receivables by the rates at which they are expected to flow in. To ensure a minimum level of HQLA holdings at all times, total cash inflows are subject to an aggregate cap of 75% of total expected cash outflows.

28. A Bank must not double-count items. That is, for assets included as part of the eligible stock of HQLA, the associated cash inflows arising from such assets must not be counted as cash inflows for the purpose of calculating the net cash outflows over the next 30 calendar days. Cash Outflows

29. The following table specifies, for each of the various categories or types of liabilities and off-balance sheet commitments, the rates at which they are expected to run off or be drawn down for the purpose of calculating the LCR.

Table 10 A - Cash Outflows

30. The following paragraphs set out the AFSA’s views about how the table above defining the treatment of various cash outflows should be applied to different items.

Retail Deposits

31. Retail deposits should include deposits from individuals placed with an Islamic Bank. Deposits from legal entities, sole proprietorships or partnerships should be included in wholesale deposit categories. Deposits may include demand deposits and term deposits, unless otherwise excluded. Deposits from individuals are divided under the Table into ‘stable’ and ‘less stable’ deposits. Stable deposits should include the portion of deposits that are fully covered by an effective deposit insurance scheme or by a public guarantee that provides equivalent protection and where:

(a) the depositor has other established relationships with the Bank that make deposit withdrawal highly unlikely; or

(b) the deposits are in transactional accounts (e.g. accounts where salaries are automatically credited).

32. If an Islamic Bank is not able to readily identify which retail deposits would qualify as “stable”, it should place the full amount in the “less stable” buckets. Less stable deposits should consist of the portion of deposits that do not meet the conditions in paragraph 34 above and also include types of deposits more likely to be withdrawn in a time of stress. These should include high-value deposits (i.e. deposits above any deposit insurance limit), deposits from customers who do not have established relationships with a Bank that make the deposit withdrawal unlikely, deposits from sophisticated or high net worth individuals, deposits where the internet is integral to the design, marketing and use of the account (on-line accounts) and deposits with promotional interest rates (i.e. that are heavily rate-driven).

33. Cash outflows related to retail term deposits with a residual maturity or withdrawal notice period of greater than 30 days should be excluded from total expected cash outflows only if the depositor has no legal right to withdraw deposits within the 30-day period of the LCR, or if early withdrawal results in a significant penalty that is materially greater than the loss of interest. If a Bank allows a depositor to withdraw such deposits despite a clause that says the depositor has no legal right to withdraw, the entire category of these funds should be treated as demand deposits.

34. Unsecured wholesale funding should consist of liabilities and general obligations raised from nonnatural persons (i.e. legal entities, including sole proprietorships and partnerships) and not collateralised by legal rights to specifically designated assets owned by the Islamic Bank accepting the deposit in the case of bankruptcy, insolvency, liquidation or resolution. Obligations related to derivative contracts should be excluded from this category.

35. Unsecured wholesale funding provided by non-financial corporates and sovereigns, central banks, MDBs, and public sector enterprises comprises all deposits and other extensions of unsecured funding (other than those specifically for operational purposes) from:

(a) non-financial corporate customers (except small business customers); and

(b) domestic and foreign customers that are sovereigns, central banks, MDBs and public sector enterprises.

36. Unsecured wholesale funding provided by other legal entity customers consists of deposits and other funding (other than operational deposits) which do not qualify as Operational Deposits as defined in this Chapter, such as funding provided by:

(a) another financial institution; or

(b) a related party of the Bank.

37. All sukuk issued by the Islamic Bank are to be treated as unsecured wholesale funding provided by other legal entity customers regardless of the holder. However, securities that are sold exclusively in the retail market and held in retail accounts (or small business customer accounts) may be treated in the appropriate retail or small business customer deposit category. For securities to be treated in that way, there must be limitations preventing them being bought and held other than by retail or small business customers.

38. The wholesale funding included in the LCR should consist of all funding that is callable within the LCR’s period of 30 days or that has its earliest possible contractual maturity date within this period (such as maturing term deposits and unsecured sukuk), as well as funding with an undetermined maturity. This should include all funding with options that are exercisable at the investor’s discretion within the 30-day period.

39. Wholesale funding that is callable by the funds provider subject to a contractually defined and binding notice period longer than the 30-day period should not be included. Unsecured wholesale funding provided by small and medium-sized enterprise customers should be treated as deposits from individuals where:

(a) the deposits and other extensions of funds made by non-financial small and medium- sized enterprise customers are managed as retail accounts and are generally considered as having similar Liquidity Risk characteristics to retail accounts; and

(b) the total aggregated funding raised from a small and medium-sized enterprise customer is less than USD 1 million (on a consolidated basis where applicable).

Operational deposits

40. Operational deposits should consist of those deposits where customers place, or leave, deposits with a Bank to facilitate their access and ability to use payment and settlement systems and otherwise make payments. Balances can be included only if the customer has a substantive dependency on the Bank and the deposit is required for such activities. This condition would not be met if the Bank is aware that the customer has adequate back-up arrangements.

41. Qualifying activities in this context refer to clearing, custody or cash management activities where the customer is reliant on the Islamic Bank to perform these services as an independent third-party intermediary in order to fulfil its normal banking activities over the next 30 days. These services should be provided to institutional customers under a legally binding agreement and the termination of such agreements should be subject either to a notice period of at least 30 days or to significant switching costs to be borne by the customer if the operational deposits are moved before 30 days.

42. Eligible operational accounts and the funds in those accounts generated by such an activity should consist of deposits which are:

(a) by-products of the underlying services provided by the Islamic Bank;

(b) not offered by the Islamic Bank in the wholesale market in the sole interest of offering interest income; and

(c) held in specifically designated accounts and priced without giving an economic incentive to the customer to leave excess funds on these accounts.

43. Any excess balances that could be withdrawn without jeopardising these clearing, custody or cash management activities should not qualify as operational accounts. The Islamic Bank must determine how to identify such excess balances. If the Islamic Bank is unable to identify how much of a deposit is an excess balance, the Islamic Bank must assume that the entire deposit is excess and therefore not operational.

44. The identification should be sufficiently granular to adequately assess the risk of withdrawal in an idiosyncratic stress situation. The method should take into account relevant factors such as the likelihood that wholesale customers have above-average balances in advance of specific payment needs, and should consider appropriate indicators (for example, ratios of account balances to payment or settlement volumes or to assets under custody) to identify customers that are not actively managing account balances efficiently.

45. The following paragraphs provide some guidance on the type of services that may give rise to operational deposits.

46. Clearing is a service that enables customers to transfer funds (or securities) indirectly through direct participants in domestic settlement systems to final recipients. Such services are limited to the following activities:

(a) transmission, reconciliation and confirmation of payment orders

(b) daylight overdraft, overnight financing and maintenance of post-settlement balances

47. Custody is the provision of safekeeping, reporting and processing of assets, or the facilitation of the operational and administrative elements of related activities on behalf of customers in the process of their transacting and retaining financial assets. Such services are limited to the settlement of securities transactions, the transfer of contractual payments, the processing of collateral, and the provision of custody-related cash management services. Custody also includes the receipt of dividends and other income and client subscriptions and redemptions, and extends to asset and corporate trust servicing, treasury, escrow, funds transfer, stock transfer and agency services, (including payment and settlement services, but not correspondent banking), and depository receipts.

48. Cash management is the provision of cash management and related services to customers—that is, services provided to a customer to manage its cash flows, assets and liabilities, and conduct financial transactions necessary to its operations. Such services are limited to payment remittance, collection and aggregation of funds, payroll administration, and control over the disbursement of funds.

49. Correspondent banking is an arrangement under which a bank holds deposits owned by other banks, and provides payment and other services to settle foreign currency transactions. A deposit that arises out of correspondent banking, or from the provision of prime brokerage services, should not be treated as an operational deposit. Prime brokerage services is a package of services offered to large active investors, particularly institutional hedge funds. The services usually include:

(a) clearing, settlement and custody

(b) consolidated reporting

(d) securities financing

(e) capital introduction

(f) risk analytics.

50. Customers’ cash balances arising from the provision of prime brokerage services must be treated as separate from any balances required to be segregated under a statutory client protection regime, and must not be netted against other customer exposures. Such offsetting balances held in segregated accounts are to be treated as inflows and must not be counted as HQLA. Any part of an operational account that is fully covered by deposit protection arrangements or other safety nets, may be treated as a stable retail funds.

51. An institutional network of cooperative banks is a group of legally separate banks with a statutory framework of cooperation with a common strategic focus and brand, in which certain functions are performed by a central institution or a specialised service provider. A qualifying deposit is a deposit by a member institution with the central institution or specialised central service provider:

(a) because of statutory minimum deposit requirements; or

(b) in the context of common task-sharing and legal, statutory or contractual arrangements (but only if both the investment account holder and the Islamic bank that receives the deposit participate in the network’s scheme of mutual protection against illiquidity and insolvency).

52. The following are not eligible deposits:

(a) Funds resulting from correspondent banking activities;

(b) funds placed at the central institution or a specialised service provider for any reason other than those defined as eligibility requirements for Qualifying Deposits in paragraph 57 above;

Liquidity facilities

53. A liquidity facility should consist of any committed, undrawn back-up facility that would be used to refinance the debt obligations of a customer in situations where such a customer is unable to roll over that debt in financial markets. The amount of any commitment to be treated as a liquidity facility should consist of the amount of the outstanding debt issued by the customer (or proportionate share of a syndicated facility) maturing within a 30-day period that is backstopped by the facility. Any additional capacity of the facility should be treated as a committed credit facility. General working capital facilities for corporate entities (e.g. revolving credit facilities in place for general corporate or working capital purposes) should not be classified as liquidity facilities, but as credit facilities.

54. Notwithstanding paragraph 53 above, any facilities provided to hedge funds, money market funds and special purpose funding vehicles, or other vehicles used to finance an Islamic Bank’s own assets, should be captured in their entirety as a liquidity facility to a financial institution.

Treatment of deposits pledged as security

55. If a deposit is pledged as security for a financing facility:

(a) the facility will not mature or be settled within the relevant 30-calendar-day period; and

(b) the pledge is subject to a legally enforceable contract under which the deposit cannot be withdrawn before the facility is fully settled or repaid.

56. If no part of the facility has been drawn, the runoff rate is the higher of:

(a) the rate specified in Table 9A, that would apply to secured or unsecured funding, as the case maybe; and

(b) a rate equal to the rate applicable to Undrawn committed credit and liquidity facilities specified in Table 9 A.

57. However, if some part of the facility has been drawn, only that part of the deposit in excess of the outstanding balance of the facility is to be counted. The applicable runoff rate is the rate that applies to secured or unsecured funding, as the case maybe.

Treatment of maturing secured funding

58. The runoff rates for secured funding that matures within the relevant 30-calendar-day period are as set out in table 9A. Secured funding is an Islamic Bank’s liabilities and general obligations collateralised by the grant of legal rights to specific assets owned by the Islamic Bank. This scenario assumes that the Islamic Bank has lost its secured funding on short-term financing transactions. In this scenario, the Islamic Bank could continue to transact securities financing transactions only if the transactions were backed by HQLA or were with its domestic sovereign, public sector enterprise or central bank.

59. Collateral swaps, and any other transactions of a similar form, are to be treated as repo or reverse repo agreements. Collateral lent to the Islamic Bank’s customers to effect short positions is to be treated as secured funding. The Islamic Bank must apply the factors to all outstanding secured funding transactions with maturities within 30 calendar days, including customer short positions that do not have a specified contractual maturity. The amount of outflow is the amount of funds raised through the transaction, and not the value of the underlying collateral.

Treatment of net derivative cash outflows

60. As specified in Table 9A, the runoff rate for net derivative cash outflows is 100%. The Islamic Bank must calculate those outflows in accordance with its usual valuation methods. The outflows may be calculated on a net basis by counterparty (that is, inflows offsetting outflows) only if a valid master netting agreement exists. From the calculation, the Islamic Bank must exclude liquidity needs that would result from increased collateral needs because of falls in the value of collateral lodged or market value movements. The Islamic Bank must assume that an option will be exercised if it is in the money.

61. If derivative payments are collateralised by HQLA, the cash outflows are to be calculated net of any corresponding cash or collateral inflows that would result, all other things being equal, from contractual obligations to lodge cash or collateral with the Islamic Bank. However, this condition applies only if, after the collateral were received, the Islamic Bank would be legally entitled and operationally able to re- hypothecate it.

62. The runoff rate for increased liquidity needs related to market valuation changes on derivative instruments is 100% of the largest absolute net collateral flow (based on both realised outflows and inflows) in a 30-calendar-day period during the previous 24 months. Market practice requires collateralisation of mark-to-market exposures on derivative instruments. Islamic Banks are likely to face potentially substantial Liquidity Risk exposures to changes in the market valuation of such instruments. Inflows and outflows of transactions executed under the same master netting agreement may be treated on a net basis.

Elevated liquidity needs related to downgrade triggers

63. The runoff rate for increased liquidity needs related to downgrade triggers in financing transactions, derivatives and other contracts is 100% of the amount of collateral that the Bank would be required to lodge for, or the contractual cash outflow associated with, any downgrade up to and including a 3-notch downgrade. A downgrade trigger is a contractual condition that requires a Bank to lodge additional collateral, draw down a contingent facility or repay existing liabilities early if an ECRA downgrades the Bank. Contracts governing derivatives and other transactions often have such conditions. The scenario therefore requires a Bank to assume that for each contract that contains downgrade triggers, 100% of the additional collateral or cash outflow will have to be lodged for a downgrade up to and including a 3-notch downgrade of the Islamic Bank’s long-term credit rating. The Islamic Bank must assume that a downgrade trigger linked to the Islamic Bank’s short-term rating will be triggered at the corresponding long-term rating.

Increased liquidity needs related to collateral

64. The runoff rate for increased liquidity needs related to possible valuation changes on collateral lodged by an Islamic Bank to secure derivatives and other transactions is 20% of the value of any lodged collateral that is not level 1 HQLA (net of collateral received on a counterparty basis, if the collateral received is not subject to restrictions on re-use or re-hypothecation). Most counterparties to derivative transactions are required to secure the mark-to- market valuation of their positions. If level 1 HQLA are lodged as collateral, no additional stock of HQLA need be maintained for possible valuation changes. However, if the Islamic Bank secures such an exposure with other collateral, 20% of the value of such lodged collateral will be added to its required stock of HQLA to cover the possible loss of market value on the collateral.

65. The runoff rate for increased liquidity needs related to excess non- segregated collateral that is held by an Islamic Bank, and could contractually be recalled at any time by a counterparty, is 100% of the value of the excess collateral.

66. The runoff rate for increased liquidity needs related to contractually- required collateral, due from an Islamic Bank on transactions for which the counterparty has not yet demanded that the collateral be lodged, is 100% of the value of the collateral that is contractually due. This run-off rate applies to the following kinds of transaction:

(a) transactions where:

(i) an Islamic Bank holds HQLA collateral;

(ii) the counterparty has the right to substitute non-HQLA collateral for some or all of the HQLA collateral without the Bank’s consent; and

(iii) the collateral is not segregated;

(b) transactions where:

(i) an Islamic Bank has the right to receive HQLA collateral;

(ii) the counterparty has the right to deliver non-HQLA collateral instead of some or all of the HQLA collateral without the Bank’s consent; and

(iii) the collateral is not segregated.

67. The runoff rate for increased liquidity needs related to such a transaction is 100% of the value of HQLA collateral for which non-HQLA collateral can be substituted or delivered, as the case requires.

Treatment of loss of funding on structured finance transactions

68. The runoff rate for loss of funding on asset-backed securities and other structured financing instruments that mature within the relevant 30- calendar-day period is 100% of the maturing amount. The scenario assumes that there is no refinancing market for the maturing instruments.

69. The runoff rate for loss of funding on asset-backed commercial paper, conduits, structured investment vehicles and other similar financing arrangements that mature within the relevant 30- calendar-day period is 100% of the total of:

(a) the maturing amount;

(b) if the arrangement allows assets to be returned within that period— the value of the returnable assets; and

(c) if under the arrangement the Islamic Bank could be obliged to provide liquidity within that period—the total amount of liquidity that the Islamic Bank could be obliged to provide.

70. Islamic Banks that use asset-backed commercial paper, conduits, structured investment vehicles and other similar financing arrangements should fully consider the associated Liquidity Risk. The risks include being unable to refinance maturing debt or derivatives or derivative-like components that would allow the return of assets, or require the Islamic Bank to provide liquidity, within the 30- calendar-day period.

71. If the Islamic Bank’s structured financing activities are carried out through a special purpose entity (such as a conduit or structured investment vehicle), the Islamic Bank should, in determining its HQLA requirements, look through to the maturity of the debt instruments issued by the entity and any embedded options in financing arrangements that could trigger the return of assets or the need for liquidity, regardless of whether the entity is consolidated

Committed credit and liquidity facilities

72. The runoff rates for drawdowns on committed credit and liquidity facilities are set out in table 9A. A credit facility is a contractual agreement or obligation to extend funds in the future to a retail or wholesale counterparty. For this Rule, a facility that is unconditionally revocable is not a credit facility. Unconditionally revocable facilities (in particular, those without a precondition of a material change in the borrower’s credit condition) are included in Contingent funding obligations. A liquidity facility is an irrevocable, undrawn credit facility that would be used to refinance the debt obligations of a customer if the customer were unable to roll over the obligations in financial markets. General working capital facilities for corporate borrowers (for example, revolving credit facilities for general corporate or working capital purposes) are to be treated as credit facilities.

73. For a facility, the relevant runoff rate is to be applied to the undrawn part of it. The undrawn portion of a credit or liquidity facility is to be calculated net of any HQLA lodged or to be lodged as collateral if:

(a) the HQLA have already been lodged, or the counterparty is contractually required to lodge them when drawing down the facility;

(b) the Bank is legally entitled and operationally able to re-hypothecate the collateral in new cashraising transactions once the facility is drawn down; and

(c) there is no undue correlation between the probability of drawing down the facility and the market value of the collateral.

74. An Islamic Bank may net the collateral against the outstanding amount of the facility to the extent that the collateral is not already counted in the Bank’s HQLA portfolio. The amount of a liquidity facility is to be taken as the amount of outstanding debt issued by the customer concerned (or a proportionate share of a syndicated facility) that matures within the relevant 30-calendar-day period and is backstopped by the facility. Any additional capacity of the facility is to be treated as a committed credit facility. The Islamic Bank must treat a facility provided to a hedge fund, money market fund or special purpose entity, or an entity used to finance its own assets, in its entirety as a liquidity facility to a financial institution

Other contractual obligations to extend funds within 30 calendar days

75. The runoff rate for other contractual obligations to extend funds within 30 calendar days is 100%. Other contractual obligations to extend funds within 30 calendar days covers all contractual obligations to extend funds within 30 calendar days that do not fall within any of the categories referred above in this section or in Table A. The runoff rate of 100% is to be applied to:

(a) for obligations owed to financial institutions—the whole amount of such obligations; and

(b) for obligations owed to customers that are not financial institutions—the difference between:

(i) the total amount of the obligations; and

(ii) 50% of the contractual inflows from those customers over the relevant 30-calendarday period.

76. The runoff rates for other contingent funding obligations are as set out in table 9A. Contingent funding obligations covers obligations arising from guarantees, letters of credit, unconditionally revocable credit and liquidity facilities, outstanding sukuk with remaining maturity of more than 30 calendar days, and trade finance. It also covers non-contractual obligations, including obligations arising from any of the following:

(a) potential liquidity draws from joint ventures or minority investments in entities;

(b) debt-buy-back requests (including related conduits);

(d) managed funds;

(e) the use of customers’ collateral to cover other customers’ short positions.

77. Trade finance means trade-related obligations directly related to the movement of goods or the provision of services, such as the following:

(a) documentary trade letters of credit, documentary collection and clean collection, import bills, and export bills;

(b) guarantees directly related to trade finance obligations, such as shipping guarantees.

78. However, financing commitments, such as direct import or export financing for non-financial corporate entities, are to be treated as committed credit facilities. The runoff rate to be applied to other contractual cash outflows is 100%. Other contractual cash outflows includes outflows to cover unsecured collateral borrowings and uncovered short positions, and outflows to cover dividends and contractual interest payments, but does not include outflows related to operating costs.

Cash Inflows

79. When considering its available cash inflows, an Islamic Bank may include contractual inflows from outstanding exposures only if they are fully performing and there is no reasonable basis to expect a default within the 30-day period. Contingent inflows are not included in total net cash inflows. Where an Islamic Bank is overly reliant on cash inflows from one or a limited number of wholesale counterparties, the AFSA may set an alternative limit on the level of cash inflows that can be included in the LCR.

80. The AFSA may allow an Islamic Bank to recognise as cash inflow, access to a parent entity’s funds via a committed funding facility if it is a Subsidiary of a foreign bank. In such instances, the committed funding facility from the parent entity must meet both of the following criteria:

(a) the facility must be an irrevocable commitment and must be appropriately documented; and

(b) the facility must be quantified.

81. A committed funding facility from a parent entity referred to in paragraph 80 above, can be recognised as a cash inflow only from day 16 of the LCR scenario. The cash inflow from a parent entity can be sufficient in size to cover only net cash outflows against items with a maturity or next call date between days 16 and 30 of the LCR.

82. Total expected cash inflow over a period is calculated by, for each contractual cash inflow over the period, multiplying it by the applicable rate of inflows (giving the adjusted inflow), and then taking the total of all the adjusted inflows over the period. The following table 10 B specifies, for each of the various categories and types of contractual receivables, the rates at which they are expected to flow in for the purpose of the calculation of the LCR:

Table 10 B - Cash Inflows

83. The inflow rates provided in table 10B do not represent an assumption about the risk of a default— instead, it represents the likelihood that the relevant obligation will be rolled over (so that the Islamic Bank does not actually receive the cash) or that no cash will be received for some other reason. Inflows for which an inflow rate of 0% is specified are effectively treated as not being receivable.

84. An Islamic Bank calculating its cash inflows may include a contractual inflow from an exposure only if it is classified as performing or as “special mention” under BBR Rules, and there is no reason to expect a default within the relevant period. The Islamic Bank must not include any contingent inflows or any inflow that would be received from an asset in the its HQLA portfolio.

85. In a stressed situation, the assets in the Islamic Bank’s HQLA portfolio would already have been monetised. That is the purpose of those assets—to be monetised to provide liquidity. Consequently, in a scenario of liquidity stress, the contracted cash inflows from them would no longer be available to it. The Islamic Bank may include, in cash inflows during a period, profit margin that it expects to receive during the period.

86. If the collateral backing a secured credit, including margin financing transactions, has been rehypothecated, then the applicable inflow rate would be 0%, for all categories of secured credit and not the rate mentioned in Table 10B.

87. The inflow rate for credit facilities and liquidity facilities provided to an Islamic Bank is 0%.

88. The inflow rate for operational deposits held by an Islamic Bank with other financial institutions or banks is 0%. Operational deposits for this purpose would have the same meaning as used in calculation of net cash outflows.

89. The inflow rate for net derivative cash inflows is 100%. The Islamic Bank must calculate those inflows in accordance with its usual valuation methods. The inflows may be calculated on a net basis by counterparty (that is, inflows offset outflows) only if a valid master netting agreement exists. From the calculation, the Islamic Bank must exclude liquidity needs that would result from increased collateral needs because of market value movements or falls in the value of collateral lodged.

90. The Islamic Bank must assume that an option will be exercised if it is in the money to the buyer. If derivative cash inflows are collateralised by HQLA, the inflows are to be calculated net of any corresponding cash or collateral outflows that would result from contractual obligations for the Islamic Bank to lodge cash or collateral. However, this condition applies only if, after the collateral were received, the Islamic Bank would be legally entitled and operationally able to re- hypothecate it

Maturing secured financing, including reverse repos and securities borrowing

91. An Islamic Bank should assume that maturing Shari’ah-compliant reverse repos or securities borrowing agreements secured by Level 1 HQLA will be rolled over and will not give rise to any cash inflows (zero %). Maturing reverse repos or securities borrowing agreements secured by Level 2 HQLA should be modelled as cash inflows, equivalent to the relevant haircut for the specific assets. An Islamic Bank is assumed not to roll-over maturing reserve repurchase or securities borrowing agreements secured by non-HQLA assets and can assume it will receive 100% of the cash related to those agreements. Collateralised financings extended to customers for the purpose of taking leveraged trading positions, i.e. margin financings, should be modelled with a 50% cash inflow from contractual inflows made against non-HQLA collateral.

92. An exception to paragraph 50 above is the situation where, if the collateral obtained through Shari’ah-compliant reverse repos, securities borrowing or collateral swaps, which matures within the 30-day period, is re-used (i.e. rehypothecated) and is tied up for 30 days or longer to cover short positions. An Islamic Bank should then assume that such reverse repo or securities borrowing arrangements will be rolled over and will not give rise to any cash inflows (zero %), reflecting its need to continue to cover the short position or to repurchase the relevant securities.

93. An Islamic Bank should manage its collateral so that it is able to fulfil obligations to return collateral whenever the counterparty decides not to roll-over any reverse repo or securities financing transaction. This is especially the case for non-HQLA collateral, since such outflows are not captured in the LCR framework.

94. Lines of credit, liquidity facilities and other contingent funding facilities that an Islamic Bank holds at other institutions for its own purposes should be assumed to be able to be drawn and so such facilities should receive a 0 % inflow rate.

95. All inflows should be taken only at the latest possible date, based on the contractual rights available to counterparties. Inflows from financings that have no specific maturity should not be included, with the exception of minimum payments of principal, fee or interest associated with an open maturity financing.

96. Other contractual cash inflows should be included under this category. Cash inflows related to nonfinancial revenues should not be taken into account in the calculation of the net cash outflows for the purposes of the LCR. These items should receive an inflow rate of 100%.

97. The Islamic Bank must assume that inflows will be received at the latest possible date, based on the contractual rights available to counterparties. The following inflows are not to be included:

(a) inflows (except for minimum payments of principal, fee or profit) from financings that have no specific maturity;

(b) inflows related to non-financial revenues.

Other requirements for LCR

98. An Islamic Bank active in multiple currencies should:

(a) maintain HQLA consistent with the distribution of its liquidity needs by currency;

(b) assess its aggregate foreign currency liquidity needs and determine an acceptable level of currency mismatches; and

(c) undertake a separate analysis of its strategy for each currency in which it has material activities, considering potential constraints in times of stress.

99. In respect of the obligation to notify the AFSA about a real or potential breach of its LCR requirement, an Islamic Bank in its notification should clearly explain:

(a) the reasons for not meeting the limits;

(b) measures that have been taken and will be taken to ensure it meets its LCR Requirement; and

100. The Islamic Bank should discuss with the AFSA what, if any, further steps it should take to deal with the situation, prior to making that notification.

Liquid assets buffer

101. An Islamic Bank must, except during periods when it experiences liquidity stress, maintain a buffer of HQLA over the minimum level of LCR required according to Rule 10.27. The size of the HQLA buffer must be appropriate to the nature, scale and complexity of its operations and must also be in determined considering the Islamic Bank’s Liquidity Risk tolerance and the results of its liquidity stress tests. An Islamic Bank should conduct such liquidity stress tests to assess the level of liquidity it should hold beyond the minimum required under this section, and construct its own scenarios that could cause difficulties for its specific business activities. Such internal stress tests should incorporate longer periods than the ones required under Rule 10.12. Islamic Banks are expected to share the results of these additional stress tests with the AFSA. The AFSA may require an Islamic Bank to maintain an additional buffer of liquid assets in cases where the AFSA assesses that it has failed to carry out stress tests effectively.

B. Net Stable Funding Ratio (NSFR)

102. The requirement for a Bank to maintain a net stable funding ratio is one of the Basel Committee’s key reforms to promote a more resilient banking sector. The requirement will oblige Banks including Islamic Banks, to maintain a stable funding profile in relation to the composition of their assets and off-balance-sheet activities. A stable funding profile is intended to reduce the likelihood that disruptions to a Bank’s regular sources of funding will erode its liquidity position in a way that would increase the risk of its failure, and might lead to broader systemic stress. The requirement is intended to limit Banks’ reliance on short-term wholesale funding, promote funding stability, and encourage better assessment of funding risk on and off Banks’ balance-sheets.

103. In respect of this Section B of Appendix 1, the following are the key definitions:

(a) ASF is defined as the amount of its available stable funding, calculated in accordance with this Section B.

(b) carrying value of a capital instrument, liability or asset is the value given for the instrument, liability or asset in the prudential returns of the Islamic Bank concerned.

(d) NSFR means net stable funding ratio.

(e) RSF is defined as the amount of its required stable funding, calculated in accordance with this Section B of Appendix 1.

Application to a Financial Group

104. For calculating a consolidated NSFR for a Financial Group, assets held to meet an Islamic Bank’s NSFR may be included in the parent entity’s stable funding only so far as the related liabilities are reflected in the parent entity’s NSFR. Any surplus of assets held at the Islamic Bank may be treated as forming part of the parent entity’s stable funding only if those assets would be freely available to the parent entity during a period of stress.

105. When calculating its NSFR on a consolidated basis, a cross-border banking group must apply the Rules of its home jurisdiction to all the legal entities being consolidated, except for the treatment of retail and small business deposits. Such deposits for a consolidated entity must be treated according to the Rules in the jurisdiction in which the entity operates. A cross-border banking group must not take excess stable funding into account in calculating its consolidated NSFR if there is reasonable doubt about whether the funding would be available during a period of stress.

106. Asset transfer restrictions (for example, ring-fencing measures, non-convertibility of local currency, foreign exchange controls) in jurisdictions in which a banking group operates would affect the availability of liquidity by restricting the transfer of assets and funding within the group. The consolidated NSFR should reflect the restrictions consistently with this Rule. For example, assets held to meet a local NSFR requirement by a Subsidiary that is being consolidated can be included in the consolidated NSFR to the extent that the assets are used to cover the funding requirements of that subsidiary, even if the assets are subject to restrictions on transfer. If the assets held in excess of the total funding requirements are not transferable, the Islamic Bank should not count that funding

Determining maturity of liabilities

107. When an Islamic Bank is determining the maturity of an equity or liability instrument, it must assume that a call option will be exercised at the earliest possible date. In particular, if the market expects a liability to be exercised before its legal final maturity date, the Islamic Bank must assign the liability to the category that is consistent with the market expectation.

108. For long-dated liabilities, the Islamic Bank may treat only the part of cash flows falling at or beyond the 6-month and 1-year time horizons as having an effective residual maturity of 6 months or more and 1 year or more, respectively.

109. An Islamic Bank must calculate the value of a derivative liability based on the replacement cost for the derivative contract (obtained by marking to market) if the contract has a negative value. If there is a netting agreement with the counterparty that meets both of the conditions for the netting agreement and the other conditions referred in this and the following paragraph, the replacement cost for the set of exposures covered by the agreement is taken to be the net replacement cost. The conditions for the netting agreement are as follows:

(a) the Islamic Bank should have a claim to receive, or an obligation to pay, only the net amount of the mark-to-market values of the transactions if the counterparty were to fail to perform; and

(b) the agreement does not contain a walkaway clause. 110. The other conditions are as follows:

(a) the Islamic Bank holds a written, reasoned legal opinion that the relevant courts and administrative authorities would find the Islamic Bank’s exposure to be the net amount referred to in paragraph (8) (a) above, under each of the following laws:

(i) the law of the jurisdiction in which the counterparty is established;

(ii) if a foreign branch of the counterparty is involved, the law of the jurisdiction in which the branch is located;

(iii) the law that governs the individual transactions;

(iv) the law that governs the netting agreement (and any other agreement necessary to effect the netting);

(b) the Islamic Bank has procedures to ensure that netting arrangements are kept under review in the light of possible changes in the relevant law;

111. Collateral lodged in the form of variation margin in connection with derivative contracts, regardless of the asset type, must be deducted from the negative replacement cost amount.

112. When determining the maturity of an asset, an Islamic Bank must assume that any option to extend that maturity will be exercised. In particular, if the market expects the maturity of an asset to be extended, the Islamic Bank must assign the asset to the category that is consistent with the market expectation. For an amortising financing like diminishing musharakah financing, the Islamic Bank may treat the part that comes due within 1 year as having residual maturity of less than 1 year.

Inclusion of assets in RSF calculation

113. When determining its RSF, an Islamic Bank:

(a) must include financial instruments, foreign currencies and commodities for which a purchase order has been executed; but

(b) must not include financial instruments, foreign currencies and commodities for which a sales order has been executed; even if the transactions have not been reflected in the Islamic Bank’s balance- sheet under a settlement-date accounting model. This condition applies only if:

(a) the relevant transactions are not reflected as derivatives or secured financing transactions in the Islamic Bank’s balance-sheet; and

(b) the effects of the transactions will be reflected in the Islamic Bank’s balance-sheet when settled.

Treatment of securities financing transactions

114. When determining its RSF, an Islamic Bank must not include securities that the Islamic Bank has borrowed in Shari’ah-compliant securities financing transactions if the Islamic Bank does not have beneficial ownership. However, the Islamic Bank must include securities that it has lent in securities financing transactions if it retains beneficial ownership of them.

115. In addition, the Islamic Bank must not include securities that it has received through collateral swaps if those securities do not appear on the Islamic Bank’s balance- sheet. The Islamic Bank must include securities that it has encumbered in repos or other securities financing transactions, if the Islamic Bank has retained beneficial ownership of the securities and they remain on the Islamic Bank’s balance-sheet

Netting of securities financing transactions with a single counterparty

116. When determining its RSF, a Islamic Bank may net securities financing transactions with a single counterparty only if all of the following conditions are met:

(a) the transactions have the same explicit final settlement date;

(b) the right to set off the amount owed to the counterparty with the amount owed by the counterparty is legally enforceable both currently in the normal course of business and in the event of default, insolvency or bankruptcy; and

(i) the counterparties intend to settle net;

(ii) the counterparties intend to settle simultaneously;

(iii) the transactions are subject to a settlement mechanism that results in the functional equivalent of net settlement.

117. Functional equivalent of net settlement means that the cash flows of the transactions are equivalent to a single net amount on the settlement date. To achieve that equivalence, both transactions are settled through the same settlement system and the settlement arrangements are supported by cash or intraday credit facilities intended to ensure that settlement of both transactions will occur by the end of the business day and that the linkages to collateral flows do not result in the unwinding of net cash settlement

Calculating Shari’ah-compliant derivative assets

118. When determining its RSF, an Islamic Bank must calculate the value of a Shari’ah-compliant derivative asset first based on the replacement cost for the contract (obtained by marking to market) if the contract has a positive value. If there is a netting agreement with the counterparty that satisfies all the conditions in paragraphs 116 and 117 above, the replacement cost for the set of exposures covered by the agreement is taken to be the net replacement cost.

119. Collateral received in connection with a Shari’ah-compliant derivative contract does not offset the positive replacement cost amount, regardless of whether or not netting is permitted under the Islamic Bank’s accounting or risk-based framework, unless the collateral is received in the form of cash variation margin, and all of the following conditions are met:

(a) either:

(i) the trades are cleared through a qualifying central counterparty; or

(ii) the cash received by the counterparty is not segregated;

(b) the variation margin is calculated and exchanged every day, based on mark-to-market valuation of the relevant positions;

(d) the variation margin exchanged is the full amount that would be necessary to fully extinguish the mark-to-market exposure of the contract subject to the threshold and minimum transfer amounts applicable to the counterparty;

(e) derivative transactions and variation margins are covered by a single master netting agreement (MNA) between the counterparties;

(f) the MNA explicitly stipulates that the counterparties agree to settle net any payment obligations covered by the agreement, taking into account any variation margin received or provided if a credit event occurs involving either counterparty;

(g) the MNA is legally enforceable and effective in all the relevant jurisdictions, including in the event of default, bankruptcy or insolvency.

120. Any remaining balance-sheet liability associated with initial margin received or variation margin received that does not meet all of the conditions in the (a) to (g) of the previous paragraph, does not offset derivative assets and receives a 0% ASF factor.

121. For the purposes of this section, a qualifying central counterparty is an entity that is licensed to operate as a central counterparty in relation to the instruments concerned and the financial regulator that is responsible for its prudential supervision:

(a) has established Rules and regulations for central counterparties that are consistent with Principles for Financial Market Infrastructures, published by the International Organization of Securities Commissions in July 2011; and

(b) has publicly indicated that it applies those Rules and regulations to the entity on an ongoing basis.

Calculating ASF

122. The amount of an Islamic Bank’s ASF is calculated using the following steps:

(c) assign each of the Islamic Bank’s capital items and liabilities to 1 of the 5 categories set out in the following paragraphs 123 to 127;

(d) next, for each category add up the carrying values of all the capital items and liabilities assigned to the category;

(e) next, for each category multiply the total carrying values of the capital items and liabilities assigned to the category by the category’s ASF factor (also set out in paragraphs 123 to 127), giving the weighted amounts; and

(f) add up the weighted amounts.

123. The Category 1 liabilities and capital that receive a 100% ASF factor include:

(a) the total amount of the Islamic Bank’s RC (as set out BBR Chapter 4), excluding any Tier 2 instrument with residual maturity of less than 1 year, before the application of capital deductions;

(b) any other capital instrument that has an effective residual maturity of 1 year or more (except any instrument with an explicit or embedded option that, if exercised, would reduce the expected maturity to less than 1 year);

(c) the total amount of secured and unsecured borrowings and liabilities (including term deposits) with effective residual maturities of 1 year or more. For (c) above, cash flows falling within the 1-year horizon but arising from liabilities with final maturity of more than 1 year do not qualify for the 100% ASF factor.

124. The Category 2 liabilities that receive 95% ASF factor include stable deposits (as defined in Section B of this Appendix 1 of IBB Module), with residual maturities of less than 1 year provided by retail and small-business customers.

125. The Category 3 liabilities that receive 90% ASF factor are the liabilities that receive a 90% ASF factor are less stable deposits (as defined in Section B of this Appendix 1 of IBB Module) with residual maturities of less than 1 year provided by retail and small-business customers.

126. The Category 4 liabilities that receive 50% ASF factor include the following:

(a) funding (secured and unsecured) with residual maturity of less than 1 year, from corporate customers that are not financial institutions;

(b) operational deposits (as defined in Section B of this Appendix 1 of IBB Module);

(c) funding with residual maturity of less than 1 year from sovereigns, public sector entities, MDBs and national development banks;

(d) other funding (secured or unsecured) not falling within the previous paragraphs (a) to (c), with residual maturity of between 6 months and 1 year, including funding from central banks and financial institutions.

127. The Category 5 liabilities that receive 0% ASF factor include the following:

(a) capital not included in Category 1 for this calculation;

(b) liabilities not included in Category 1 to 4 for this calculation;

(i) a deferred tax liability must be categorised according to the nearest possible date on which it could be realised; and

(ii) minority interest must be treated according to the term of the instrument, usually in perpetuity. Funding from central banks and financial institutions with residual maturity of less than 6 months would fall within paragraph (b) above.

(d) NSFR derivative liabilities net of NSFR derivative assets, if NSFR derivative liabilities are greater than NSFR derivative assets; Note For how to calculate NSFR derivative liabilities, please refer paragraphs 107 to 111 of this section of Appendix 1 of the IBB Module. For how to calculate NSFR derivative assets, please refer paragraphs 118 to 121 of this section of Appendix 1 of the IBB Module.

(e) trade-date payables arising from purchases of financial instruments, foreign currencies and commodities that:

(i) are expected to settle within the standard settlement cycle or period that is customary for the relevant exchange or type of transaction; or

(ii) have failed to settle, but are still expected to do so.

128. Other liabilities without a stated maturity could include short positions, positions with open maturity and deferred tax liabilities. A liability referred to in paragraph 127 (c) above would receive either a

100% ASF factor if its effective maturity were 1 year or more, or a 50% ASF factor if its effective maturity were between 6 months and 1 year.

Calculating RSF

129. An Islamic Bank’s RSF is calculated following these steps, in the same sequence as they are listed below:

(a) assign each of the Islamic Bank’s assets to 1 of the 8 categories set out in paragraphs 130 to 137 of this Section of Appendix 1 of the IBB Module;

(b) then, for each category add up the carrying values of all the assets assigned to the category;

(c) following that, for each category multiply the total carrying values of the assets assigned to the category by the category’s RSF factor (also set out in paragraphs 130 to 137), giving the weighted amounts;

(d) next, multiply the amounts of each of the Islamic Bank’s off-balance-sheet exposures by the exposure’s RSF factor (set out in paragraph 139), giving the OBS weighted amounts;

(e) finally, add the weighted amounts and the OBS weighted amounts.

130. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 138 & 139, which pertain to certain encumbered assets:

(a) currency notes and coins immediately available to meet obligations;

(b) central bank reserves (including required reserves and excess reserves);

(d) trade-date receivables arising from sales of financial instruments, foreign currencies and commodities that:

(i) are expected to settle within the standard settlement cycle or period that is customary for the relevant exchange or type of transaction; or

(ii) have failed to settle, but are still expected to do so.

131. The Category 2 assets that receive 5% RSF factor include the assets that receive a 5% RSF factor are unencumbered level 1 HQLA (except assets that receive a 0% RSF factor under paragraph

140.

132. The Category 3 assets that receive 10% RSF factor include unencumbered financings to financial institutions, with residual maturities of less than 6 months, that are secured against level 1 HQLA that the Islamic Bank can freely re- hypothecate during the financings’ life.

133. The Category 4 assets that receive 15% RSF factor include unencumbered level 2A HQLA and unencumbered financings to financial institutions, with residual maturities of less than 6 months, that do not fall within Category 3 assets as defined in paragraph 180.

134. The Category 5 assets that receive 50% RSF factor include the following:

(a) unencumbered level 2B HQLA;

(b) HQLA that are encumbered for between 6 months and 1 year;

(d) operational deposits (as defined in paragraphs 40 to 52 of this Section B of Appendix 1of IBB Module) at other financial institutions;

(e) all other non-HQLA with residual maturity of less than 1 year, including financings to nonfinancial corporate clients, financings to retail customers and small business customers, and financings to sovereigns and public sector entities.

135. The Category 6 assets that receive 65% RSF factor include unencumbered residential financings, with residual maturity of 1 year or more, that qualify for a risk weight of 35% or lower (according to Rules in Chapter 6 of IBB Module) and other unencumbered financings (except financings to financial institutions), with residual maturity of 1 year or more, that qualify for a risk weight of 35% or lower (according to Rules in Chapter 6 of IBB Module).

136. The Category 7 assets that receive 85% RSF factor include the following types of assets, subject to the paragraphs 138 & 139, which pertain to certain encumbered assets:

(a) cash, securities or other assets lodged as initial margin for derivative contracts, and cash or other assets provided to contribute to the default fund of a central counterparty;

(b) unencumbered performing assets (except credits to financial institutions), with residual maturity of 1 year or more, that do not qualify for a risk weight of 35% or lower, under Rules in Chapter 6 of IBB Module;

(d) exchange-traded equities that are not in default and do not qualify as HQLA;

(e) physical traded commodities, including gold. Despite (a) above, if securities or other assets lodged as initial margin for derivative contracts would otherwise receive a higher RSF factor than 85%, they retain that higher factor.

137. The Category 8 assets that receive 100% RSF factor include the following:

(a) assets that are encumbered for 1 year or more;

(b) NSFR derivative assets, net of NSFR derivative liabilities, if NSFR derivative assets are greater than NSFR derivative liabilities;

(c) all other assets not falling within categories 1 to 7 (including non- performing assets, financings to financial institutions with residual maturity of 1 year or more, non-exchangetraded equities, fixed assets, items deducted from RC, retained interest, insurance assets, Subsidiary interests and defaulted securities);

(d) 20% of derivative liabilities as calculated in accordance with this section B of Appendix 1 of IBB Module.

Treatment of encumbered assets

138. Assets encumbered for between 6 months and 1 year that would, if unencumbered, receive an RSF factor of 50% or lower receive a 50% RSF factor. Assets encumbered for between 6 months and 1 year that would, if unencumbered, receive an RSF factor higher than 50% receive that higher RSF factor. Assets encumbered for less than 6 months receive the same RSF factor as an unencumbered asset of the same kind.

139. The AFSA may direct a Islamic Bank that, for the purposes of calculating the Islamic Bank’s NSFR, assets that are encumbered for exceptional central bank liquidity operations receive a specified lower RSF factor than would otherwise apply. In general, exceptional central bank liquidity operations are considered to be non- standard, temporary operations conducted by a central bank to achieve its mandate at a time of market-wide financial stress or exceptional macroeconomic challenges. The RSF factors for off-balance-sheet exposures are as follows:

(a) irrevocable and conditionally revocable credit and liquidity facilities—5% of the undrawn portion;

(b) contingent funding obligations—as set out in table 10C.

Table 10 C: Contingent funding obligations—RSF factors

C. Maturity Mismatch Approach

Including inflows (assets) and outflows (liabilities) in the time bands

140. Outflows (liabilities) must be included in the Maturity Ladder according to their earliest contractual maturity. Contingent liabilities may be excluded from the Maturity Ladder only if there is a likelihood that the conditions necessary to trigger them will not be fulfilled.

141. Inflows (assets) must be included in the Maturity Ladder according to their latest contractual maturity, except that:

(a) undrawn committed standby facilities provided by other banks are included at sight;

(b) marketable assets are included at sight, at a discount, and

Including marketable assets in the Maturity Ladder

142. Assets which are readily marketable are included in the Maturity Ladder in the sight - 8 days time band, generally at a discount to their recorded value calculated in accordance with the table below. An asset is regarded as readily marketable if:

(d) prices are regularly quoted for the asset;

(e) the asset is regularly traded;

(f) the asset may readily be sold, either on an exchange, or in a deep and liquid market for payment in cash; and

(g) settlement is according to a prescribed timetable rather than a negotiated timetable.

143. The AFSA may allow, on a case by case basis, an Islamic Bank to include a longer term asset which is relatively easy to liquidate in the sight - 8 days time band. The discount factor to be applied to types of marketable assets must be determined by reference to the following table:

144. The AFSA may vary the discounts to reflect the conditions of a particular market or institution.