the development of islamic debt capital markets in malaysia

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    SEMINAR ON ISLAMIC FINANCE

    &

    THE DEVELOPMENT OF ISLAMIC DEBT CAPITAL MARKETS IN

    MALAYSIA

    STRICTLY PRIVATE & CONFIDENTIAL

    STRICTLY PRIVATE & CONFIDENTIAL

    17 March 2010 / 1 Rabiulakhir 1431H

    EN SUFFIAN ARIFFIN

    SENIOR MANAGER, DEBT CAPITAL MARKETS

    CORPORATE INVESTMENT BANKING

    BANK ISLAM MALAYSIA BERHAD

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    1. Overview of Malaysian Islamic Debt Capital Markets.

    2. Malaysian Islamic Securities Experience: Evolution & Development.

    3. Malaysia as Hub for Islamic Securities Issuance.

    ContentsContents

    Page 2

    . .

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    OVERVIEW OF MALAYSIAN

    ISLAMIC DEBT CAPITAL MARKETS

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    Overview of Malaysian Islamic Debt Capital MarketsOverview of Malaysian Islamic Debt Capital Markets

    Malaysian Islamic Financial MarketMalaysian Islamic Financial Market

    Islamic Financial Market

    Islamic Banking &Takaful

    Islamic Capital Markets

    Islamic Banking:

    Page 4

    Equity DebtDerivatives

    Money Market Islamic Financing

    Islamic Deposits

    Islamic Investment

    Takaful:

    Takaful products

    Takaful linked

    investments

    Islamic Profit

    Rate Swap

    Islamic Foreign

    Exchange Swap

    Islamic Cross

    Currency Swap

    Islamic Unit

    Trust

    Islamic REITs

    Islamic

    Stockbroking

    Islamic Indexes

    Shariah

    Compliant

    Securities

    Islamic

    Securities

    Islamic Medium

    Term Notes

    Islamic

    Commercial

    Papers

    Exchangeable

    Sukuk

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    Overview of Malaysian Islamic Debt Capital MarketsOverview of Malaysian Islamic Debt Capital Markets

    The Market ParticipantsThe Market Participants

    INVESTORS

    Islamic/

    ISSUERS

    BusinessesIslamic

    REGULATORY AUTHORITIES

    BNM/ SC/ Bursa Malaysia/ Labuan FSA

    Islamic Securities

    Page 5

    INTERMEDIARIES

    Financial Institutions/ Rating Agencies/ Reporting Accountants/ Legal

    Counsels/ Trustees/ Shariah Advisers

    Conventional Domestic/

    International

    Institutional

    Government/Government

    Agencies

    Surplus Funds

    Capital

    Markets

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    Overview of Malaysian Islamic Debt Capital MarketsOverview of Malaysian Islamic Debt Capital Markets

    Regulatory FrameworkRegulatory Framework

    SC

    Established under the Securities

    Commission Act 1993.

    To supervise & monitor activities of

    capital markets activities under the

    CMSA. To protect the investors rights.

    To promote and develop securities &

    futures markets.

    To spearhead development of the

    Labuan FSA

    Formed in 1996 as regulator in Labuan

    IBFC.

    To market & promote Labuan as the

    premier international businesses and

    financial centre in Asia Pacific.

    Page 6

    BNM

    Established in 1959 under the Central

    Bank of Malaysia Act 1958 (Revised

    1994).

    To regulate and monitor monetary,

    financial & payment systems. To promote and develop Islamic

    finance via MIFC, INCEIF & ISRA.

    To act as Depository & Paying Agency

    for bonds issued in Malaysia.

    .

    Bursa Malaysia

    An exchange holding company that

    regulates and operates the trading

    activities on Bursa Malaysia.

    To promote Islamic capital markets

    products via Bursa Malaysia for on-

    shore market & LFX for offshore market.

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    Overview of Malaysian Islamic Debt Capital MarketsOverview of Malaysian Islamic Debt Capital Markets

    Governing LawsGoverning Laws

    Key Acts/ Guidelines

    Islamic Banking Act 1983 (IBA).

    Capital Markets and Services Act 2007

    (CMSA).

    Labuan Islamic Financial Services and

    Securities Act 2010.

    Guidelines on the Offering of Islamic

    Supplemental Laws

    Applicable tax and stamp duty legislation.

    Land laws.

    Lease laws for Ijarah transaction.

    Page 7

    .

    Guidelines on the Offering of Asset-

    Backed Securities.

    Shariah compliances according to IBA &

    IS Guidelines.

    Rules on The Scripless Securities underRENTAS System.

    Rules on Fully Automated System for

    Issuing/ Tendering (FAST).

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    MALAYSIAN ISLAMIC SECURITIES

    EXPERIENCE: EVOLUTION & DEVELOPMENT

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    Malaysian Islamic Securities Experience: Evolution & DevelopmentMalaysian Islamic Securities Experience: Evolution & Development

    Evolution of Islamic SecuritiesEvolution of Islamic Securities

    SKS Power Sdn

    Bhd (Sukuk

    PLUS SPV Sdn

    Bhd (Sukuk

    Musharakah)

    The Islamic Securities structures

    have evolved from simple BBAs to

    more complex structures as more

    legislations are introduced & also an

    increased in the understanding of

    Islamic finance among the industry

    players.

    Page 9

    Shell MDS

    Sdn Bhd

    (BaIDS)

    K.L.

    International

    Airport

    Berhad (BBANotes)

    Guthrie Berhad

    (Ijarah

    Syndicated/

    Sukuk)

    s sna

    1990 1996 2001 2003 2008

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    Malaysian Islamic Securities Experience: Evolution & DevelopmentMalaysian Islamic Securities Experience: Evolution & Development

    New Capitals for 2009New Capitals for 2009

    12,104.0million

    109,233.0*million

    Equity Debt

    RM11,969.7

    Capital Markets

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    million

    RM43,624.0*million

    Islamic Equity

    Islamic DebtIslamic

    Capital Markets

    Source: Securities Commission

    * Total issue amount approved by the SC.

    * Total issue amount approved by the SC.

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    Malaysian Islamic Securities Experience: Evolution & DevelopmentMalaysian Islamic Securities Experience: Evolution & Development

    Growth of Malaysian Debt Capital MarketsGrowth of Malaysian Debt Capital Markets

    MYR 0.04

    MYR 0.05

    MYR 0.06

    Millions

    20-Year Growth - Islamic Debt Securities vs Conventional Debt Securities

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    MYR -

    MYR 0.01

    MYR 0.02

    .Islamic Debt Securities

    Conventional Debt Securities

    Source: Bank Negara Malaysia

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    Malaysian Islamic Securities Experience: Evolution & DevelopmentMalaysian Islamic Securities Experience: Evolution & Development

    Approved Islamic Securities in 2009 (by Quarters)Approved Islamic Securities in 2009 (by Quarters)

    Period Issue Size

    (RM Million)

    Q1 10,855

    Q2 3,600 15,000.00

    20,000.00

    25,000.00

    on

    Approved Islamic Securities in 2009(by Quarters)

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    Source: Securities Commission

    Q3 4,500

    Q4 20,000

    Total 38,955 -

    5,000.00

    10,000.00

    Quarter 1 Quarter 2 Quarter 3 Quarter 4

    RM'M

    illi

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    Malaysian Islamic Securities Experience: Evolution & DevelopmentMalaysian Islamic Securities Experience: Evolution & Development

    ShariahShariah Contracts Applied in Islamic SecuritiesContracts Applied in Islamic Securities

    Islamic Securities Approved by SC

    in 2008Musharakah Ijarah

    Istisna' Murabahah

    Mudharabah Bai Bithaman Ajil

    9%

    Islamic Securities Approved by SC in 2009Musharakah Ijarah

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    40%

    26%

    7%

    9%

    11%

    Source: Securities Commission

    91%

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    MALAYSIA AS A HUB FOR

    ISLAMIC SECURITIES ISSUANCE

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    Malaysia as a Hub for Islamic Securities IssuanceMalaysia as a Hub for Islamic Securities Issuance

    Malaysias Competitive AdvantagesMalaysias Competitive Advantages

    ComprehensiveRegulatory &SupervisoryFrameworks

    Wider InvestorsBase

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    Exchange Rules

    Talents

    Tax Incentives

    Continuous

    ProductsDevelopment

    ADVANTAGES

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    Malaysia as a Hub for Islamic Securities IssuanceMalaysia as a Hub for Islamic Securities Issuance

    Key Benefits of Islamic Securities: Issuers PerspectiveKey Benefits of Islamic Securities: Issuers Perspective

    TAX INCENTIVESVALUE PROPOSITION REGULATORY PROCESS

    Stamp duty exemption onSCs approved Sukuk.

    Tax deductible of issuance

    cost.

    Wide investors base.

    Attractive pricing due to

    strong demand.

    Facilitative issuance

    process.

    Automatic approval for

    AAA-rated for RM Sukuk

    -

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    ax neu ra y.

    Tax exemption on SPV

    incorporation.

    expertise.

    Enhance Issuers profiles.

    rated Sukuk for foreigncurrency Sukuk.

    Any amendment to terms

    of approved Sukuk need

    only to inform SC.

    Exchangeable Sukuk

    exempted from rating.

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    Malaysia as a Hub for Islamic Securities IssuanceMalaysia as a Hub for Islamic Securities Issuance

    Promotion of Islamic Securities via MIFCPromotion of Islamic Securities via MIFC

    To create a vibrant, innovative and competitive international

    Islamic financial services industry in Malaysia focusing on the

    following niche activities:-

    (1) origination, distribution & trading of Islamic capital markets

    and treasury instruments;

    (2) Islamic fund & wealth management services;

    (3) International currency Islamic financial services; and

    (4) Takaful & retakaful.

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    Incentives for

    Islamic Securities

    Tax exemption on income received by SPV.

    Companies that establish SPV are allowed a tax deduction on the issuing costs incurred by

    the SPV.

    Tax deduction on expenses incurred for Islamic Securities approved by the Securities

    Commission until year of assessment 2015.

    Stamp duty exemption on instruments used to issue Sukuk in any currency.

    Tax exemption and withholding tax exemption on profits received by non-resident.

    Tax exemption on profits received by resident and non-resident investors in respect of

    foreign currency Islamic securities approved by the Securities Commission and originating

    from Malaysia.

    Stamp duty exemption on investing and trading of sukuk.Investors

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    Malaysia as a Hub for Islamic Securities IssuanceMalaysia as a Hub for Islamic Securities Issuance

    The ResultsThe Results

    Issuer Date of Issue Issue Size

    (USD million)

    Rating

    Rafflesia Capital October 2006 750.0 N/A

    Malayan Banking April 2007 300.0 A3 (Moody)

    Cherating Capital July 2007 850.0 N/A

    Paka Capital Ltd March 2008 550.0 N/A

    Petronas Sukuk August 2009 1,500.0 A1 (Moody)

    List of Foreign CurrencyList of Foreign Currency--

    Denominated issuances inDenominated issuances in

    MalaysiaMalaysia

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    Issuer Date of Issue Issue Size *(RM million)

    Rating

    Tadamun Services

    Berhad

    August 2008 1,000.0 AAA (S&P)

    Woori Bank June 2008 1,000.0 N/A

    Industrial Bank of Korea April 2008 3,000.0 N/A

    State Bank of India March 2008 1,350.0 N/A

    The Export-Import Bank

    of Korea

    March 2008 3,000.0 N/A

    List of Islamic SecuritiesList of Islamic SecuritiesIssued in Malaysia byIssued in Malaysia by

    Multinational DevelopmentMultinational Development

    Banks/FinancialBanks/Financial

    Institutions/ForeignInstitutions/ForeignGovernments/Foreign MNCsGovernments/Foreign MNCs

    * Total issue amount approved by the SC.

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    MOVING FORWARD

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    Moving ForwardMoving Forward

    Issues to be AddressedIssues to be Addressed

    The following considerations need to be addressed for Islamic Debt Capital

    Markets to continue being one of the major components of funding:

    Greater clarity in transaction structures, improved documentations,

    increased standardizations and lower overall complexities.

    Consensus among Islamic scholars around the world.

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    Shariah compliance.

    A liquid secondary market.

    The structures for the Sukuk need to be more competitive in order to

    motivate future Sukuk issuances. Continuous support from the Government and regulators to further

    promote and develop the Islamic debt capital markets.

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    Moving ForwardMoving Forward

    Future OutlooksFuture Outlooks

    Increased demand from the Middle Eastern and Asian Muslims to invest in

    products that are in compliance with their religious beliefs.

    The recent global economic recovery is expected to stimulate

    infrastructure projects which require huge amounts of financings and theIslamic Securities can be the preferred financing instrument to raise these

    funding requirements.

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    More efforts have been implemented towards having a global Shariahcompliance for local Islamic products.

    More interests are shown by other countries such as United Kingdom,

    Hong Kong, France and other European countries in Islamic finance is

    expected to further boost the industrys growth.

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    Thank You & Wassalam

    Page 22

    The information contained in this presentation may be meaningful only with the oral presentation and are of the

    personal view of the presenter and does not necessarily represent an official opinion of Bank Islam Malaysia Berhad.

    For further information, please contact:

    Suffian Ariffin

    Senior Manager, Debt Capital Markets

    Corporate Investment Banking

    Bank Islam Malaysia Berhad

    Email: [email protected]