TRAINING PROGRAMME REGULATORY AND COMPLIANCE FRAMEWORK IN ISLAMIC FINANCE UNDER IFSA 2013

Transcription

1 TRAINING PROGRAMME REGULATORY AND COMPLIANCE FRAMEWORK IN ISLAMIC FINANCE UNDER IFSA 2013 Dates and Time: October 2015 (Monday-Tuesday) 9:00am - 5:30pm Venue: International Institute of Advanced Islamic Studies (IAIS) Malaysia Jalan Ilmu, Off Jalan Universiti, Kuala Lumpur. Organised by: Conducted by the Author of IFSA 2013: Commentaries on Selected Provisions

2 OBJECTIVES OF THE TRAINING 1. To expose the participants to the regulatory framework of Islamic finance in Malaysia with special reference to Islamic Financial Services Act (IFSA) To equip the participants with an understanding of the application of laws, rules and standards governing the Islamic finance industry in Malaysia and internationally. 3. To expose the participants to the issues and challenges arising from the current regulatory regime for Islamic finance industry domestically and internationally. 4. To provide a platform of discussion for the participants on issues related to the regulatory framework for Islamic finance. LEARNING OUTCOME At the end of the training, participants will have a clear understanding of the following: The regulatory framework of Islamic finance. The applicable laws, rules and standards in Islamic finance. Dispute resolution mechanism in Islamic finance. Court procedures relating to Islamic finance disputes. Issues and challenges that have arisen in the Islamic finance industry in Malaysia and at the international level.

3 TRAINING PROGRAMME DAY 1 Monday, 12 th October :30 09:00 Registration & Refreshment 09:00-10:30 SESSION 1 Introduction Malaysian Banking & Takaful Legal History Islamic Banking in Malaysia Overview of International Islamic Finance Regulatory Framework Bank of International Settlement International Association of Insurance Supervisors Basel III International Chamber of Commerce Financial Action Task Force Foreign Account Tax Compliance Act International Organization of Securities Commissions World Trade Organization US Banking & Securities Regulations European Conventions and Treaties Roles of Islamic Finance Standards Issuance Bodies 10:30 11:00 Coffee Break & Networking 11:00-12:30 SESSION 2 Part 1: Selected Issues on the Challenges Faced by the Islamic Financial System in the Global Market Position of Shariah Law Jurisdiction Party Autonomy Rule Pacta sunt servanda Conflict of Laws Choice of Governing Law Arbitration Part 2: Case Study Analysis of International Cases on Islamic Finance 12:30-14:00 Lunch and Zuhur Prayer

4 14:00-15:30 SESSION 3 Part 1: Regulators in Islamic Finance Al-Quran & Al-Sunnah Central Bank of Malaysia Securities Commission Labuan Offshore Ministry of Finance Part 2: Legal and Regulatory Framework of Islamic Financial Institutions in the Malaysian Environment Operationalisation Oversight Functions Documentations, Internal Policies & Procedures Risk Management Information Disclosures Products Structuring Part 3: Relevant Acts Governing Islamic Financial Institutions Islamic Financial Services Act (IFSA) 2013 Financial Services Act (FSA) 2013 Central Bank of Malaysia Act 2009 Securities Commission Act 1993 Capital Market and Services Act 2007 Development Financial Institutions Act 2002 (Act 618) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (Act 613) Cooperative Societies Act 1993 Tabung Haji Act 1995 Government Investment Act 1983 & its Amendment in :30-16:00 Coffee Break & Networking 16:00-17:00 SESSION 4 Part 1: Institutions Regulated under Bank Negara Malaysia (BNM) Banking and Deposit-Taking Institutions (Sector 1) Insurance and Takaful (Sector 2) Money Services Business (Sector 3) Electronic Money and Non-Bank Affiliated Charge & Credit Card (Sector 4) Designated Non-Financial Businesses and Professions (DNFBPs) & Other Non-Financial Sectors (Sector 5) 17:00 END OF DAY 1 Part 2: Analysis of Malaysian Cases on Islamic Finance

5 DAY 2 Tuesday, 13 th October :30 09:00 Refreshment 09:00 10:30 SESSION 5 Part 1: Judiciary and Dispute Settlement Mechanisms Malaysian Court Landmark Cases in Islamic Banking Court-Annexed Mediation KLRCA-AALCO Ombudsman Arbitration Avenues around the Globe How to settle cross border dispute according to regions Mediation Arbitration Expert Determination Part 2: Case Study Analysis of Arbitration cases related to Islamic Finance 10:30 11:00 Coffee Break & Networking 11:00 12:30 SESSION 6 Shari ah Compliance as Required by IFSA 2013 Islamic Financial Services Act (IFSA 2013). The Impacts of IFSA 2013 : i. Salient features of IFSA 2013 ii. Objectives of IFSA 2013 iii. Outlining the Financial Ombudsman Scheme as a Key Component of IFSA 2013 iv. What this scheme means for banks and customers v. Legal Provisions as set out by the Financial Ombudsman Scheme vi. Establishment of a system for the effective and fair handling of complaints vii. Procedures for the resolution of disputes in connection with financial services viii. Ensuring full compliance and cooperation with the scheme Powers of Bank Negara Malaysia Relevant to IFSA 2013 ix. Enforcement Issues and Penalties

6 12:30-14:00 Lunch and Zuhur Prayer 14:00-15:30 SESSION 7 Issues and Challenges in the Implementation of Islamic Financial System Legal Accounting Shariah Operationalisation Risk Harmonisation 15:30-16:00 Coffee Break & Networking 16:00-17:30 SESSION 8 Recent Cases & Statistics in Islamic Finance Liability of Shariah Advisers Recover Issues Position of Garnishee Proceedings The Problems in Equity Financing - Special Reference to Musharakah Mutanaqisah 17:30 END OF DAY 2

7 EXPERT COURSE INSTRUCTORS Dr Hakimah Yaacob is currently the Head of Economics, Finance, Awqaf & Zakah Unit of the International Institute of Advanced Islamic Studies (IAIS) Malaysia. She has a broad professional experience in the Islamic finance industry, academia and consulting. Her research focus is on Islamic finance, legal ethics, restorative justice, Alternative Dispute Resolution (ADR), regulatory framework and Islamic legal drafting. She is a certified mediator and a member of Chartered Arbitrators, UK and certified mediator of Australian Accord Group. She has been appointed as a court expert in Islamic finance cases in Malaysia and Hong Kong and is an expert witness in cases of Musharakah structures. She is also the author of Alternative Dispute Resolution in Cross Border Islamic Finance Cases published by ISRA, Bank Negara Malaysia. Dr Hakimah s consulting assignments include drafting the regulatory framework for Islamic Finance in Maldives and China. Dr Hakimah is actively involved with advising on Shariah compliance Halal issues with World Trade Law in relation to trade and services. Apnizan Abdullah holds the LL.B (Honours) and Master of Comparative Laws (MCL) from the International Islamic University Malaysia (IIUM) obtained in 2003 and 2004 respectively. Prior to joining IAIS, she was a lecturer at the Universiti Tunku Abdul Rahman (UTAR) and the University of Malaya. She was also a researcher at the International Shariah Research Academy for Islamic Finance (ISRA). She obtained her Chartered Islamic Finance Professional certificate (CIFP) from the International Centre for Education in Islamic Finance (INCEIF) in 2011 and her LL.B (Shariah) from the IIUM in She has written articles in international journals, bulletins and magazines and conducted trainings on regular basis. She currently serves the International Institute of Advanced Islamic Studies (IAIS) Malaysia as a Research Fellow.

8 WHO SHOULD ATTEND THIS TRAINING? The course will benefit anyone who may have a potential exposure to the implications of IFSA In particular: Bank staff In-house counsel Researchers Lecturers Shariah compliance officers Lawyers Islamic corporate and retail bankers Risk managers Shariah professionals, including Shariah auditors and compliance Bank management and directors FEES PARTICIPANT RM 1,000 EARLY BIRD PROMOTION RM 900 (before 21 st September 2015) STUDENT RM 500 Account Name: International Institute of Advanced Islamic Studies (IAIS) Malaysia Account No: Bank Name: CIMB Islamic Bank Berhad Payment must be made before 5 th October 2015 For more information and/or to register, please visit razi@iais.org.my Phone: