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ISDA® International Swaps and Derivatives Association, Inc |
NEWS
RELEASE
For Immediate Release, Monday, March
1, 2010
For More Information, Please
Contact:
Cesaltine Gregorio, ISDA New York,
+1 212-901-6019, cgregorio@isda.org
Deirdre Leahy, ISDA New York, +1
212-901-6021, dleahy@isda.org
Donna Chan, ISDA Hong Kong, +852 2200 5906, dchan@isda.org
Usman M. Naseer, IIFM Bahrain, + 973
17500161, usman.naseer@iifm.net
IIFM and
ISDA Launch Tahawwut (Hedging) Master Agreement
BAHRAIN,
Monday, March 1, 2010
– The International Islamic Financial Market (IIFM) and
the International Swaps and Derivatives Association, Inc. (ISDA) today
launched the ISDA/IIFM Tahawwut (Hedging) Master Agreement.
The
development is a breakthrough in Islamic finance and risk management, and marks
the introduction of the first globally standardized
documentation for privately negotiated Islamic hedging products. The ISDA/IIFM
Tahawwut (Hedging) Master Agreement is the first
financial industry framework document that is applicable across all
jurisdictions where Islamic finance is practiced. The launch of the Tahawwut
Master Agreement was officially announced at a launch event in Bahrain hosted
by IIFM and ISDA under the patronage of H. E. Rasheed
Mohammed Al Maraj,
Governor, Central
Bank of Bahrain.
IIFM and ISDA jointly developed the Tahawwut documentation under the guidance
and approval of the IIFM Shari’ah Advisory Panel for this project and in
consultation with market participants. The published document consists of the Tahawwut
Master Agreement and an Explanatory Memorandum, both of which are part of the
official Shari’ah Pronouncement.
“Given
the growing nature of the Islamic finance industry, the institutions operating
on Shari’ah principles can no longer afford to leave their positions un-hedged,” said Khalid Hamad, Chairman of IIFM and Executive
Director of Banking Supervision at Central Bank of Bahrain. “Hence, some key
hedging products are now becoming common across jurisdictions to mitigate risk.
The ISDA/IIFM Tahawwut Master Agreement gives the industry access to a truly
global framework document which is neutral in terms of treatment to both the
transacting parties and at the same time strictly conforms to Shari’ah principles. IIFM is honored to have achieved this
milestone in collaboration with ISDA and I am confident that such joint efforts
will continue in the future.”
“Demand for customized, privately negotiated hedging tools that
conform to the principles of Islamic finance has increased in momentum,” said
Eraj Shirvani, Chairman of ISDA and Managing Director, Head of Fixed Income for
the EMEA Region, Credit Suisse. “The Tahawwut Master Agreement provides the critical
framework for the growth and evolution of Shari’ah-compliant hedging
instruments.”
The
ISDA/IIFM Tahawwut Master Agreement provides the structure under which
institutions can transact Islamic hedging transactions such as profit-rate and
currency swaps, which are estimated to represent most of today’s Islamic
hedging transactions.
It is designed to be used between two principal counterparties as
a master agreement. Parties
understand that no interest shall be payable or receivable and no settlement
based on valuation or without tangible assets is allowed. Moreover, the counterparties
to the Tahawwut Master Agreement make representations as to the fact that they
enter into Shari’ah-compliant transactions only.
It
is a completely new framework document though the structure of the document is
similar to the conventional ISDA Master Agreement. However, the key mechanisms
and provisioning such as early termination events, closeout and netting are
developed based on the Islamic Shari’ah principles.
“Standardization
is a key element in the progress of Islamic finance though it is not a simple
process as evident from the efforts put in to the development of this master
agreement,” said Ijlal Ahmed Alvi, Chief Executive
Officer, IIFM. “A
record number of drafts - 24 drafts – were developed during the industry
consultation and Shari’ah guidance process before ultimately reaching the final
version, which is comprehensive as well as practical in terms of usage with no
compromise to Shari’ah principles. It
was indeed a pleasure to work with such an experienced and dedicated execution
team and the efforts were supplemented by exemplary understanding and
cooperation shown by ISDA, our joint partner. We express our heartfelt thanks
to the Central Bank of Bahrain for their continuous support and to all who were
involved in completing this important project. ”
“ISDA is pleased to have partnered with the IIFM as
part of its own on-going efforts to promote prudent risk management and to support
the efficient development of privately negotiated hedging products,”
said Robert Pickel, Executive Vice Chairman, ISDA.” The Tahawwut Master Agreement represents a major milestone in the
development of risk management in Islamic finance.”
“IIFM has taken a lead in
preparing Shari'ah complaint Master Agreements for specific areas of Islamic
finance, which a number of financial institutions globally have recognized and
adopted in order to avoid misunderstanding, uncertainty, and confusion; and
also to seek clarity and sound business activities. The adoption of these Master
Agreements will pave the way not only for Shari'ah compliance but also product
innovation” said Dr Ahmad Rufai, IIFM Shari'ah Head. “The IIFM Shari'ah
Advisory Panel have considered the Tahawwut Master Agreement to be a necessary
step forward for promoting global standardization for Islamic financial product
standards, because the absence of a global Shari'ah compliant standardized
agreement may lead to negative effect in the industry. On this occasion, the
IIFM Shari'ah Department would like to thank the IIFM Shari'ah Advisory Panel
for their indispensable and greatly appreciated support. We don't know where
the TMA development would be without their invaluable help and patience in
reviewing many of the drafts. Maybe it would not have seen the light.”
In addition to developing documentation for
Islamic transactions, ISDA in coordination with IIFM is in contact with various
regulators in a number of Islamic jurisdictions, such as the Gulf Cooperation
Council (GCC) region, namely UAE, Bahrain and Qatar, plus Pakistan to improve
the local legal framework for hedging products and close-out netting
provisioning.
The
ISDA/IIFM Tahawwut Master Agreement will be available at IIFM’s website www.iifm.net or at ISDA’s website www.isda.org.
About IIFM
IIFM is the global standard setting
body for the Islamic Capital & Money Market segment of the IFSI. Its
primary focus lies in the standardization of Islamic products, documentation
and related processes. IIFM was founded with the collective efforts of Central
Bank of Bahrain, Central Bank of Indonesia, Central Bank of Sudan, Labuan
Offshore Financial Services Authority (Malaysia), Ministry of Finance (Brunei
Darussalam) and Islamic Development Bank (Saudi Arabia). Besides the founding members, IIFM is
supported by its permanent members namely State Bank of Pakistan and Dubai
International Financial Centre (UAE). IIFM is further supported by a number of
regional and international financial institutions as well as other market
participants as its members. Information about IIFM is available at www.iifm.net.
About ISDA
ISDA, which represents participants
in the privately negotiated derivatives industry, is among the world’s largest
global financial trade associations as measured by number of member firms. ISDA
was chartered in 1985, and today has over 810 member institutions from 57
countries on six continents. These members include most of the world’s major
institutions that deal in privately negotiated derivatives, as well as many of
the businesses, governmental entities and other end users that rely on
over-the-counter derivatives to manage efficiently the financial market risks
inherent in their core economic activities. Information about ISDA and
its activities is available on the Association's web site: www.isda.org.
KEY COMMENTARY:
Below
is some key commentary from IIFM Shari’ah Scholars and IIFM Board Members on
the ISDA/IIFM Tahawwut Master Agreement:
Shari’ah
Scholars:
Shaikh Nizam Yaquby: “IIFM and ISDA have done a great service to the Islamic
Financial Institutions by this document. This is the second standard document
issued by IIFM and it is the right example to follow in future documentations.
The amount of time, efforts, and resources put to achieve this standard
document will only be appreciated by those who understand the difficult and
complex discussions and research phases that this document was subjected to.
Congratulations IIFM and ISDA and keep up the good job!”
Shaikh Esam Mohammed Al Shaikh Ishaq: “This ISDA/IIFM Tahawwut Master Agreement has been the end
result of a long and difficult process, in which meetings between scholars,
practitioners and others took place for a period of over three years. The
process was arduous, involving tight-rope walking, navigation on many Shari’ah issues and concerns, while keeping in mind the interests
of the industry simultaneously. I pray Allah blesses this document with proper
understanding and implementation by all involved. This document is definitely
an addition of great value to Islamic Finance & Banking.”
Shaikh Dr Mohammed Daud Bakar: “Risk management or hedging which is
compliant to Shari’ah principles is a must in Islamic finance industry.
Standard documentation on this aspect by IIFM and ISDA is not only timely but
also evidence that standardization is always possible in this young and
promising industry. This ground breaking achievement will be the start of many
more institutional achievements.”
Shaikh Dr Mohammed Burhan Arbouna: “This Islamic
hedging document is a milestone for the Islamic banking and finance industry.
The birth of this document shows the flexibility of Islamic legal principles to
attend to the need of societies as they conduct daily commercial activities
according to the tenets of Islam. The document has passed through an extensive
scholarly discussion and scrutiny for the past few years, the reason being to
ensure that the mechanisms employed in the hedging industry are fully agreed
upon by the majority of the IIFM Shari’ah Advisory Panel. We wish that this document
will shape the road for other developments in the Islamic banking and finance
industry.”
IIFM Board
Members:
Dato’ Azizan Abdul Rahman, Director General, Labuan Offshore Financial Services Authority
(LOFSA): “The global financial crisis has underscored the importance of sound
risk management, primarily related to hedging transactions. The Tahawwut Master
Agreement provides the needed consistency and predictability to ensure deep and
liquid international Islamic financial markets. Such standardization initiative
undertaken by IIFM and ISDA is a testament to the greater convergence in
Shari’ah interpretations of universal recognition and acceptance. Labuan FSA
will continue to support and provide impetus towards such endeavors.”
Farhan Al
Bastaki,
Executive Director, Islamic Finance, DIFC Authority: “DIFC is very happy to
have been associated with the development of the Tahawwut Master Agreement. We
are keen to promote and support initiatives that drive standardization in the
Islamic finance industry. As DIFC evolves further into a global hub for
institutional finance and a gateway for capital and investment in emerging
markets, Islamic finance is one of the key sectors we are focusing on. The Tahawwut
Master Agreement will help in boosting the growth of the Islamic financial services
industry and the development of the Islamic capital & money markets across
the world.”
Afaq Khan, Chief
Executive Officer, Standard Chartered Saadiq: “This is a great accomplishment
as this will allow Islamic banks to offer end-to-end solutions to their
customers and it will allow better treasury risk management tools for Islamic
financial institutions to competitively manage the market risks. Standard
Chartered Saadiq is proud to have been part of the development of this market
standard and will continue to play a positive and proactive role in industry
development initiatives.”
Naveed Khan, Managing
Director, ABC Islamic Bank: “It is encouraging that the IIFM and ISDA are
launching this ground breaking initiative, which will not only provide the
market with an essential tool for hedging but will also remove the current disadvantage
experienced by Shari’ah-compliant customers versus their conventional
competitors. That they can do it in a
way that carries the
blessings of a regulatory authority which is interested in enhancing industry
benchmarks and standards is also
really remarkable. ABC Islamic Bank is proud to have been associated with the
IIFM as a part of this initiative.”
Lilian Le Falher, Executive
Manager, Treasury & Financial Institutions, Kuwait Finance House: “Hedging products
are becoming mainstream products for Islamic financial institutions. Too
often, transactions in our industry face delays in their execution due to the
lack of standardization. The ISDA/IIFM Tahawwut Master Agreement will provide
practitioners with an appropriate and globally recognized legal framework for
hedging transactions.”