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Islamic Standard-Setting Organizations Name of Institution Head Date of Establishment Mandate Office AAOIFI 26 February, 1990 in General Shari‘ah, Accounting and Auditing Manama, Algiers. Then Accounting & Auditing 1 Organization for Islamic Kingdom registered on 27 and Governance & Financial Institutions of Bahrain March 1991 in the Ethics Standards Kingdom of Bahrain Inaugurated officially IFSB Kuala on Regulatory & rd 2 Islamic Financial Services Lumpur, 3 November 2002 Supervisory and Board Malaysia and started Governance Standards operations on th 10 March 2003 IIFM Manama, Became officially Financial Documentation 3 International Islamic Kingdom operational on 1 April, and Product Financial Market of Bahrain 2002 and re- Confirmation Standards organized in 2006 CIBAFI Manama, Representing the Islamic 4 General Council for Islamic Kingdom Established in 2001 financial services Banks and Financial of Bahrain industry globally Institution 1 About IIFM History - IIFM was formed under Bahrain Royal Decree No. (23) Dated 2002 as an Islamic Infrastructure Institution. IIFM was founded due to the collective efforts of Central Bank of Bahrain (hosts of IIFM), Islamic Development Bank, Autoriti Monetari Brunei Darussalam, Bank Indonesia, Bank Negara Malaysia (delegated to Labuan Financial Services Authority) and the Central Bank of Sudan. IIFM Membership - In addition to 6 founding & permanent members, IIFM is supported globally by Islamic Banks, Conventional Banks, Islamic windows, Law firms and other market participants including certain regulators. IIFM Vision - Active and well regulated trading and capital flows across the full spectrum of Shari’ah-compliant financial instruments internationally. Mandate - To develop standardized Islamic financial documentation and product confirmations for cross-border as well as jurisdiction level implementation to bring unification in the market & operation practice, legal certainty and Shari’ah harmonization. IIFM for the Market - To achieve the Vision by catalyzing both national and international trading infrastructure, product innovation and 2 information flow within strong, transparent and well regulated standards and guidelines. Promote acceptance and integration with mainstream markets. IIFM Standards – Benefits to the IFSI Availability of Financial Documentation and Product Confirmations in a globally standardized form supported by Guidance Notes, Shari’ah Pronouncements, Legal Opinions etc. IIFM is addressing critical factors related to Islamic financial transactions such as reduction in documentation costs, shortening of negotiation time, minimizing operational risk, creating legal certainty, promoting market best practices and facilitating Shari’ah harmonization for the sustainable development of the IFSI Cost Savings: 100% cost saving related to Legal and Shari’ah expenses to users of IIFM Standards. Point to note: IFI’s, while implementing IIFM Standards, may have to incur certain internal or legal counsel expense of 5%-10% to align with their internal business and operational policies Time Efficiency Shari’ah Harmonization Legal Certainty (Governing Law, Arbitration) Industry Reference for creating Balance, providing Transparency and ensuring Robustness in Documentation and Product confirmations All IIFM Standards are available for free and can be downloaded from 3 www.iifm.net IIFM Published Standards To date, IIFM has published 13 Documentation and Product Confirmation Standards: 3 IIFM Liquidity Management Standards Unrestricted Investment Master Wakalah Agreement Master Collateralized Murabahah Agreement (Islamic Alternative to Repo) Master Agreements for Treasury Placement (Murabahah and Agency Agreements) 7 ISDA-IIFM Islamic Hedging Standards Tahawwut Master Agreement Islamic Profit Rate Swap (2 Standards), Islamic Cross Currency Swap and Islamic FX Forward (2 Standards) Islamic Credit Support Deed for Cash Collateral (Variation Margin) 2 IIFM-BAFT Trade Finance Standards Master Participation Agreement for Unfunded Trade Finance Transactions Master Participation Agreement for Funded Trade Finance Transactions Sukuk Standards Sukuk Al Ijarah Standard Suite of Documentation Templates Supporting Guidance Notes or Product Descriptions for all Standards Market Practice, Operational Process, Legal and Shari’ah 4 Adoption of IIFM Standards Adoption of IIFM Standards is voluntary and generally there is no mandatory requirement imposed by regulators, however regulatory push towards adoption of IIFM Standards as market best practice is helpful. There is usually a time lag between publication of Standard and its actual adoption by IFI’s due to: Internal review and approval process (operational, legal, credit and Shari’ah) IFI’s may decide to move to IIFM Standard at the time of renewal of counter- party credit lines. Regulatory Support by way of encouraging financial institutions can assist in faster adoption of IIFM standards Central banks to adopt and use IIFM standards when dealing with Sharia compliant institutions as part of its liquidity management. Encourage financial institution to adopt IIFM standards allowing the market to be transparent and lending itself to creating a level playing field. 5
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