Islamic Wholesale Bank Licensees
LR-1.2.9
Islamic wholesale bank licensees are allowed to transact with residents of the Kingdom of Bahrain (irrespective of currency), and in Bahraini Dinar (irrespective of the location of the counterparty), subject to the conditions and exemptions specified in Rules LR-1.2.13, LR-1.2.15, LR-1.2.17 and LR-1.2.19. Foreign currency transactions with non-residents are not subject to these conditions.LR-1.2.10
The effect of Rule LR-1.2.9 is to limit the on-shore/Bahraini Dinar customer business of
Islamic wholesale bank licensees to larger transactions. By definition, their on-shore client base is therefore wholesale in nature (i.e. other banks, large corporates and high net-worth individuals).LR-1.2.11
To qualify as an
Islamic wholesale bank licensee , the person concerned must undertake (as a minimum), the activity of accepting Shari'a money placements/deposits and/or managing Shari'a profit sharing investment accounts (as defined in Rules LR-1.3.16 and LR-1.3.17), together with the activity of offering Shari'a financing contracts (as defined in Rule LR-1.3.18).LR-1.2.12
The purpose of Rule LR-1.2.11 is to ensure that the core Islamic banking activities of accepting Shari'a money placements/deposits, and managing Shari'a profit sharing investment accounts, form part of the definition of
Islamic wholesale bank licensees . However, unlikeIslamic retail bank licensees , there is no requirement that the activity of providing Shari'a financing contracts must be a significant part of the bank's business, relative to other activities. This is to allowIslamic wholesale bank licensees greater flexibility as to the nature of their activities; it also recognises that, because of the wholesale nature of their client base, there is less need to limit the scale of non-credit related risks to which their depositors and profit sharing investors may be exposed. Rule LR-1.2.11 does not in any way preventIslamic wholesale bank licensees from providing Shari'a-compliant finance as a major activity, should they wish to.LR-1.2.13
Islamic wholesale bank licensees may transact with residents of Bahrain and/or in Bahrain Dinar, with respect to the activities (a) and (b) listed in Rule LR-1.3.1, only where the individual transaction is BD 7 million or above (or its foreign currency equivalent).LR-1.2.14
To comply with Rule LR-1.2.13, the initial amount taken as a placement/deposit must be BD 7 million or above (or its equivalent in foreign currency); however, subsequent additions and withdrawals from the account may be for any amount. The initial amount taken as deposit may be split between different types of accounts (e.g. call, 3-month and 6-month accounts) — providing at least BD 7 million is taken from the customer on the same day and the bank's records can demonstrate this. Where subsequent withdrawals lead to a zero balance on an account (or the aggregate of accounts where more than one was originally opened), then a further BD 7 million must be deposited to re-start the 'wholesale' relationship, before additional deposits for smaller amounts may be made.
LR-1.2.15
Similarly, with respect to Shari'a-compliant financing transactions, the initial facility amount advised must be BD 7 million or above (or its equivalent); but drawdowns (and repayments) under the facility may be for any amount, as may any subsequent changes to the facility amount. If the facility is fully repaid, then a further BD 7 million transaction must be agreed in order to re-start the 'wholesale' relationship.
LR-1.2.16
Islamic wholesale bank licensees may transact with residents of Bahrain and/or in Bahrain Dinar, with respect to the activities (c) to (j) listed in Rule LR-1.3.1, only where the initial transaction is US$ 250,000 or above (or its foreign currency equivalent), and where the financial instruments concerned are Shari'a compliant.LR-1.2.17
With respect to activity (c) (managing Shari'a profit sharing investment accounts), the threshold refers to the initial amount placed as an investment. With respect to activities (d) and (e) (dealing in financial instruments as principal / agent), the threshold refers to the individual transaction size. With respect to activities (f) and (g) (managing / safeguarding
financial instruments ), the threshold refers to the initial investment amount. With respect to activity (h), (operating aCollective Investment Undertaking ), the threshold refers to the minimum investment required for participation in the scheme. With respect to activities (i) and (j) (arranging / advising on deals infinancial instruments ) the threshold refers to the size of the deal arranged or of the investment on which advice is being given.LR-1.2.18
Note that the threshold with respect to activities (c), (d) and (e) applies to the initial investment amount: where a subsequent distribution to a client, or a reduction in the mark to market value of the investment, reduces the initial investment amount below US$ 250,000, it is still considered a wholesale transaction. The threshold in Rule LR-1.2.16 applies to a client even if the same client satisfies the BD 7m threshold in Rule LR-1.2.13, with respect to money placement /financing activities. Finally, the initial amount taken as an investment may be split between two or more investment products — providing at least US$ 250,000 is taken from the customer on the same day and the bank's records can demonstrate this.
LR-1.2.19
Islamic wholesale bank licensees may only undertake activities (k) and (l) listed in Rule LR-1.3.1, on behalf of residents of Bahrain and/or in Bahrain Dinar, where the customer concerned meets either of the thresholds specified in LR-1.2.13 or LR-1.2.16 (in which case, activities (k) and (l) may be undertaken for any amount).LR-1.2.20
Notwithstanding Rules LR-1.2.13, LR-1.2.16 and LR-1.2.19,
Islamic wholesale bank licensees are allowed to transact in Bahraini Dinar (or any other currency) for any amount with the Government of Bahrain, Bahrain public sector entities (as defined in the guidelines for completion of the PIRI Form), and BMA bank licensees.Islamic wholesale bank licensees may also transact in Bahraini Dinar for any amount, where required to fund their normal operating expenses; when investing for their own account in securities listed on the Bahrain Stock Exchange.LR-1.2.21
Any transactions entered into prior to 1 July 2006, which may be in breach of the conditions specified in Rules LR-1.2.13, LR-1.2.16 and LR-1.2.19, must be notified to the BMA. These transactions will be allowed to mature.
LR-1.2.22
Since the
Islamic wholesale bank licensee regime represents an easing of the restrictions on on-shore business that previously applied to offshore bank licensees (i.e. OBUs and IBLs), there should be few transactions of the type specified in Rule LR-1.2.21 — they are likely to exist only where individual ad-hoc exemptions may have been previously granted by BMA, and these exemptions went further than those now being applied across the board to allIslamic wholesale bank licensees .LR-1.2.23
Islamic wholesale bank licensees wishing to undertake transactions of the type specified in Rules LR-1.2.13, LR-1.2.16 or LR-1.2.19 must seek prior written BMA approval.LR-1.2.24
The approval requirement in Rule LR-1.2.23 only has to be made once, prior to the licensee starting to undertake such transactions. Its purpose is to allow BMA to monitor the initiation of such business by
Islamic wholesale bank licensees , and to check that adequate systems and controls have been in place, so that such transactions are likely to be well managed. In addition, it is to allow, where relevant, for the necessary arrangements to be made to ensure thatIslamic wholesale bank licensees comply with the BMA's reserve requirements (which apply to deposit liabilities denominated in Bahraini Dinars — see LR-2.5.10).
