2.2.13. Islamic Banking Business
2.2.13.1. General description
Islamic Banking Business is listed in section 13 of Schedule 1 of GEN. It means providing financing or making Investments by entering as principal or agent into any Islamic Financial Contract while raising funds for those activities through either or both of the following:
(a) raising, accepting and managing funds or money placements;
(b) managing Unrestricted Profit Sharing Investment Accounts (UPSIA);
provided that all such activities are carried out in a Shari’ah-compliant manner.
The definition of an Islamic Financial Contract can be found in the AIFC Islamic Finance Rules and may include any of the following:
(i) murabahah and its variations;
(ii) salam and its variations;
(iii) tawarruq and its variations;
(iv) istisna and its variations;
(v) ijarah and its variations;
(vi) musharakah and its variations;
(vii) mudarabah and its variations;
(viii) qard;
(ix) any other Islamic Financial Contract that is approved to be so by the relevant Authorised Firm’s Shari’ah Supervisory Board.
For more details on Islamic Banking Business see AIFC Islamic Banking Business Prudential Rules.
Currency regulation
The table below illustrates currency regulation implications if services are offered to residents of Kazakhstan that are not AIFC Participants.
Are you planning to offer your services to legal entities or natural persons – residents of Kazakhstan that are not AIFC Participants? |
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Yes:
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Your services will be subject to the AIFC Rules on Currency Regulation: |
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Name of allowed activity: |
Islamic banking and Islamic financing carried out by Islamic banks |
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Relevant reference to Schedule 2 to the AIFC Rules on Currency Regulation: |
1.1 in the list of professional services. |
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Type of currency: |
Any currency |
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Transaction: |
Via AIFC Banks: only foreign currency Via second-tier banks: any currency |
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Currency reporting: |
No specific reporting for a financial service. Transactional reporting may be applicable (see Chapter 4 of PERG for more details).
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No: |
Subrule 3.3.2 of AIFC Rules on Currency Regulation applies. |
For more details see Chapter 4 of PERG.
2.2.13.2. Exclusions
There are none.