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  • Banking

    • Capital Adequacy

      • Regulations Re Capital Adequacy

        C 52/2017 Effective from 23/2/2017
        • Introduction

          The Central Bank seeks to promote the effective and efficient development and functioning of the banking system. To this end, banks are required to manage their capital in a prudent manner. It is important that banks’ risk exposures are backed by a strong capital base of high quality in order to contribute to the stability of the financial system of the UAE.

          In introducing these Capital Adequacy Regulations, the Central Bank intends to ensure that banks’ capital adequacy is in line with revised rules outlined by the Basel Committee on Banking Supervision in ‘Basel III: A global regulatory framework for more resilient banks and banking systems’, commonly referred to as ‘Basel III’. These Regulations are supported by accompanying Standards, which elaborate on the supervisory expectations of the Central Bank with respect to capital adequacy requirements.

          These Regulations and the accompanying Standards are issued pursuant to the powers vested in the Central Bank under the Central Bank Law.

          Where these Regulations, or their accompanying Standards, include a requirement to provide information or to take certain measures, or to address certain items listed at a minimum, the Central Bank may impose requirements, which are additional to the listing provided in the relevant article.

        • Objective

          The objective of these Regulations is to establish minimum capital adequacy requirements for banks with a view to:

          1. i. Ensuring the soundness of banks; and
             
          2. ii. Enhancing financial stability.
             
        • Scope of Application

          These Regulations and the accompanying Standards apply to all banks. Banks must ensure that these Regulations and Standards are adhered to on the following two levels:

          1. The solo level capital adequacy ratio requirements, which measure the capital adequacy of an individual bank based on its standalone capital strength; and
             
          2. The group level capital adequacy ratio requirements, which measure the capital adequacy of a bank based on its capital strength and risk profile after regulatory consolidation of assets and liabilities of its subsidiaries.
             
        • Article (1): Definitions

          1. Bank: A financial institution which is authorized by the Central Bank to accept deposits as a bank.
             
          2. Central Bank: The Central Bank of the United Arab Emirates.
             
          3. Central Bank Law: Union Law No (10) of 1980 concerning the Central Bank, the Monetary System and Organization of Banking as amended or replaced from time to time.
             
          4. Terminology used in these Regulations: As defined in the Basel III capital framework, for example ‘Basel III: A global regulatory framework for more resilient banks and banking systems’ published by the Basel Committee for Banking Supervision in December 2010 and revised in June 2011.
             
        • Article (2): Quantitative Requirements

          1. Total regulatory capital comprises the sum of the following items:
             
            1. Tier 1 capital, composed of
              1. Common Equity Tier 1 (CET1) and
              2. Additional Tier 1 (AT1);
            2. Tier 2 capital.
               
          2. All regulatory capital components referred to in Article 2.1 are net of regulatory adjustments. A bank must comply with the following minimum requirements, at all times:
             
            1. CET1 must be at least 7.0% of risk weighted assets (RWA);
               
            2. Tier 1 Capital must be at least 8.5% of RWA;
               
            3. Total Capital, calculated as the sum of Tier 1 Capital and Tier 2 Capital, must be at least 10.5% of RWA.
               
          3. Based on the outcome of the Supervisory Review and Evaluation Process conducted by the Central Bank, a bank may be subject to an additional capital add-on, also referred to as individual supervisory capital guidance requirement (SCG). Banks concerned must comply with the individual SCG requirement, set by the Central Bank
             
        • Article (3): Capital Components

          1. CET1 capital comprises the sum of the following items:
             
            1. Common shares issued by a bank which are eligible for inclusion in CET1;
               
            2. Share premium resulting from the issue of instruments included in CET1;
               
            3. Retained earnings;
               
            4. Legal reserves;
               
            5. Statutory reserves;
               
            6. Accumulated other comprehensive income and other disclosed reserves;
               
            7. Common shares issued by consolidated subsidiaries of a bank and held by third parties, also referred to as minority interest, which are eligible for inclusion in CET1;
               
            8. Regulatory adjustments applied in the calculation of CET1.
               
          2. AT1 capital comprises the sum of the following items:
             
            1. Instruments issued by a bank which are eligible for inclusion in AT1 and are not included in CET1;
               
            2. Stock surplus, or share premium, resulting from the issue of instruments included in AT1;
               
            3. Instruments issued by consolidated subsidiaries of the bank and held by third parties which are eligible for inclusion in AT1 and are not included in CET1;
               
            4. Regulatory adjustments applied in the calculation of AT1.
               
          3. Tier 2 capital comprises the sum of the following items:
             
            1. Banks using the standardized approach for credit risk: general provisions/general loan loss reserves up to a maximum of 1.25 % of credit RWA;
               
            2. Perpetual equity instruments, not included in Tier 1 capital;
               
            3. Share premium resulting from the issue of instruments included in Tier 2 capital;
               
            4. Instruments which are eligible for inclusion of Tier 2;
               
            5. Perpetual instruments issued by consolidated subsidiaries, not included in Tier 1 capital;
               
            6. Regulatory adjustments applied in the calculation of Tier 2.
               
          4. Profit-sharing investment accounts must not be classified as part of an Islamic bank’s regulatory capital as referred to in Article 2 of these Regulations.
             
          5. Investment risk reserves and a portion of the profit equalization reserve (PER), if any, belong to the equity of investment account holders, and thus must not be used in the calculation of an Islamic bank’s regulatory capital. As the purpose of a PER is to smooth the profit payouts and not to cover losses, any portion of a PER that is part of the Islamic bank’s reserves must not be treated as regulatory capital as referred to in Article 2 of these Regulations.
             
        • Article (4): Regulatory Adjustments

          1. The following regulatory adjustments must be applied to CET1 capital:
             
            1. Goodwill and other intangibles;
               
            2. Deferred tax assets;
               
            3. Cash Flow hedge reserve;
               
            4. Gain on sale related to securitization transactions;
               
            5. Cumulative gains and losses due to changes in own credit risk on fair valued financial liabilities;
               
            6. Defined benefit pension fund assets and liabilities;
               
            7. Investments in own shares, or treasury stock;
               
            8. Reciprocal cross holdings in the capital of banking, financial and insurance entities;
               
            9. Investments in the capital of banking, financial and insurance entities, that are outside the scope of regulatory consolidation and where the bank does not own more than 10% of the issued common share capital of the entity;
               
            10. Significant investments in capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation;
               
            11. Threshold deductions.
               
          2. For the following items, which under Basel II were deducted 50% from Tier 1 and 50% from Tier 2, or had the option of being deducted or risk weighted, banks must apply a risk weight, which is calculated as the reciprocal of the minimum requirement of the Total Capital.
             
            1. Certain securitization exposures;
               
            2. Non-payment/delivery on non-Delivery-versus-Payment and non-Payment-versus-Payment transactions;
               
            3. Significant investments in commercial entities.
               
        • Article (5): Capital Conservation Buffer

          1. In addition to the minimum CET1 capital of 7.0% of RWA, banks must maintain a capital conservation buffer (CCB) of 2.5% of RWAs in the form of CET1 capital
             
          2. Outside of periods of stress, banks are encouraged to hold buffers of capital above the capital adequacy requirements
             
          3. A bank that does not comply with the buffer requirement:
             
            1. Must restrict its dividends pay out to its shareholders in accordance with table 1;
               
            2. Must have a definite plan to replenish the buffer as part of its internal capital adequacy assessment process;
               
            3. Must bring the buffer to the required level within a time limit agreed with the Central Bank; and
               
            4. Will be monitored closely by the Central Bank.
          Table 1
          Individual Bank Minimum Capital Conservation Standards
          CET 1 RatioMinimum Capital Conservation Ratios (expressed as a percentage of earnings)
          7.0% - 7.625%100%
          > 7.625% - 8.25%80%
          > 8.25% - 8.875%60%
          > 8.875% - 9.5%40%
          > 9.5%0%
        • Article (6): Countercyclical Buffer

          To achieve the broader macro-prudential goal of protecting the banking sector from periods of excess aggregate credit growth and in addition to the CCB requirements, banks may be required to implement the countercyclical buffer (CCyB). Banks must meet the CCyB requirements by using CET1 capital. The level of the CCyB requirements will vary between 0% - 2.5% of RWA and be communicated by the Central Bank with an adequate notice period.

        • Article (7): Domestic Systemically Important Banks

          Banks classified as domestically systemically important banks will be required to hold additional capital buffers applied to CET1. Banks concerned will be notified by the Central Bank.

        • Article (8): Disclosure Requirements

          1. To help improve transparency of regulatory capital and market discipline, banks will be required, at a minimum, to disclose the following items:
             
            1. Full reconciliation of all regulatory capital elements back to the balance sheet in the audited financial statements;
               
            2. Separate disclosure of all regulatory adjustments and the items not deducted from Common Equity Tier 1 according to paragraphs 87 and 88 of Basel III;
               
            3. Description of all limits and minima, identifying the positive and negative elements of capital to which the limits and minima apply;
               
            4. Description of the main features of capital instruments issued;
               
            5. Banks, which disclose ratios involving components of regulatory capital, for example ‘Equity Tier 1’, ‘Core Tier 1’ or ‘Tangible Common Equity’ ratios, must accompany such disclosures with a comprehensive explanation of how these ratios are calculated;
               
            6. Full terms and conditions of all instruments included in the regulatory capital. Issuances that fall under a grandfathering rule are exempted.
               
        • Article (9): Transitional Arrangements

          1. For the purpose of the value calculation of the following items:
             
            1. Regulatory adjustments referred to in Article 4.1 of these Regulations; and
            2. Capital issued from a subsidiary, also referred to as minority interest;
               

            banks must apply the following percentages:

            1. a) 80% for the time period from 1st January 2017 to 31st December 2017;
               
            2. b) 100% for the time period starting from 1st January 2018.
               
          2. Capital instruments that no longer qualify as non-common equity Tier 1 capital or Tier 2 capital will be phased out over a time horizon of 10 years, starting from 1st January 2017. The detailed phasing out rules of such capital instruments will be set out in the Standards.
             
          3. Capital instruments included in CET1 that do not meet the requirements of these Regulations will be excluded from CET1 starting from 31st December 2017.
             
          4. Table 2: Minimum Transitional Arrangements:
             
          Table 2: Minimum Transitional Arrangements
          Capital ElementBasel II 2016Basel III 2017Basel III 2018Basel III 2019
          Minimum Common Equity Tier 1 Ratio-7.0%7.0%7.0%
          Minimum Tier 1 Capital Ratio8.0%8.5%8.5%8.5%
          Minimum Capital Adequacy Ratio12.0%10.5%10.5%10.5%
          Capital Conservation Buffer-1.25%1.875%2.5%
          Domestic Systemically Important Banks Buffer; in percentage of individual capital surcharge-50%75%100%
          Countercyclical buffer--0% 1.25%-0% 1.875%2.5%-0%
        • Article (10): Reporting

          1. Banks must report to the Central Bank on their capital position in the format and frequency prescribed in the Standards.
             
          2. A bank must provide upon request any specific information with respect to its capital positions.
             
        • Article (11): Interpretation

          The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of these Regulations.

        • Article (12): Publication and Application

          These Regulations shall be published in the Official Gazette and become effective from 1 February 2017.

      • Standards for Capital Adequacy of Banks in the UAE

        C 52/2017 STA Effective from 1/12/2022
        • I. Introduction and Scope

          • I. Introduction

            1.The Central Bank seeks to promote the effective and efficient development and functioning of the banking system. To this end, banks are required to manage their capital in a prudent and sustainable manner. It is important that banks’ risk exposures are backed by a strong capital base of high quality in order to contribute to the stability of the financial system of the UAE.

            2.In introducing these Standards, the Central Bank intends to ensure that banks’ capital adequacy is in line with the minimum standards as published by the Basel Committee on Banking Supervision, i.e. the Basel II: International Convergence of Capital Measurement and Capital Standards, June 2006, which was implemented in the UAE in 2009 (Capital Adequacy Standards, Standardised Approach), and the ‘Basel III: A global regulatory framework for more resilient banks and banking systems’, commonly referred to as ‘Basel III’.

            3.These Standards support the regulations and elaborate on the supervisory expectations of the Central Bank with respect to capital adequacy requirements. These standards are issued pursuant to the powers vested in the Central Bank under the Central Bank Law.

            4.Where these standards, include a requirement to provide information or to take certain measures, or to address certain items listed at a minimum, the Central Bank may impose requirements, which are additional to the listing provided in the relevant article.

            5.The Standards follow the calibration developed by the Basel Committee, which includes a maximum risk weight of 1250%, calibrated on a total capital adequacy requirement of 8%. The UAE instituted a higher minimum capital requirement of 10.5% (excluding capital buffers), applicable to all licensed banks. Consequently, the maximum capital charge for a single exposure will be the lesser of the value of the exposure after applying valid credit risk mitigation, netting and haircuts, and the capital resulting from applying a risk weight of 952% (reciprocal of 10.5%) to this exposure.

          • II. Scope of Application

            6.These Standards apply to all banks. Banks must ensure that these Standards are adhered to on a consolidated basis. The group level capital adequacy ratio requirements must measure the capital adequacy of a bank based on its capital strength and risk profile after regulatory consolidation of assets and liabilities of its subsidiaries as specified herein.

            7.Note that the solo-level capital adequacy ratio requirements, which measure the capital adequacy of an individual bank based on its stand-alone capital strength, will be issued at a later stage

            8.These Standards should be read in conjunction with the associated guidance issued by the Central Bank (Guidance for Capital Adequacy of Banks in the UAE – September 2020).

          • III. Domestic Systemically Important Banks (D-SIBs)

            9.Banks designated by the Central Bank as domestic systemically important banks are required to hold additional risk-based capital ratio buffers, applied to Common Equity Tier 1 (CET1). Banks are notified individually by the Central Bank with regard to the additional requirements.

            10.All banks must maintain a leverage ratio of at least 3.0%. Designated domestic systemically important banks must maintain a leverage ratio of at least 3.5%.

          • IV. Reporting

            11.Banks must report to the Central Bank on their capital position in the format and frequency determined by the Central Bank.

            12.A bank must provide the Central Bank with any specific information with respect to its capital positions upon request.

          • V. Independent Review

            13.An Independent review of the Central Bank’s Capital framework implementation by internal audit is required every year. However, if the Central Bank is not satisfied with the internal audit, Central Bank may require an external review.

            14.For D-SIBs, in addition, an independent external review is required every 3 years.

          • VI. Interpretation

            15.The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of these Standards.

          • VII. Application

            16.The following Standards are already in effect as follows:

            • The Tier Capital Supply Standard
            • Tier Capital Instruments Standard
            • Pillar 2 Standard

            17.The remaining Standards will be effective from Q2 2021 onwards.

            18.Banks must continue to submit the existing Basel Capital reports (live reporting (production) for BRF 95, CAR Returns workbook and Pillar 3).

             

        • Pillar 1

          • II. Tier Capital Supply

            • 1. Scope of Application

              1.This Standard formulates capital adequacy requirements that need to be applied to all banks in UAE on a consolidated basis. The consolidated entity includes all worldwide banking subsidiaries, however it excludes insurance companies and non-financial commercial entities that are subsidiaries of the entity licensed in the UAE.

              2.Banks are required to deduct, from CET1, the full amount of any capital shortfall of subsidiaries that are regulated and are subject to capital requirements on a worldwide basis. Additionally, any shortfall in the capital requirement of unconsolidated subsidiary (e.g. insurance, commercial entity) must be fully deducted from the CET1 capital (at stand-alone as well as consolidated level)

              3.The amount of the capital requirement and capital shortfall for this deduction is to be based on the regulations issued by the subsidiary’s regulator (i.e. based on the host regulator’s capital adequacy requirements).

              4.The Standards follow the international calibration as developed by the Basel Committee, imposing risk weights up to 1250% for assets. The UAE adopted a higher minimum capital requirement of 10.5% minimum CAR (without the capital conservation buffer). Taking into consideration the higher minimum capital requirements of 10.5% in the UAE, the risk weight shall be capped at 952% (reciprocal of 10.5%).

              • 1.1 Investments in the Capital of Banking Subsidiaries

                5.Majority-owned or controlled banking entities, securities entities (where subject to broadly similar regulation or where securities activities are deemed banking activities) and other financial entities should generally be fully consolidated. Notwithstanding the banks decision on exercising control over an entity and the subsequent consolidation of that entity, the Central Bank reserves the right to determine whether the bank exercises control over an entity and hence may require banks to consolidate/deconsolidate entities.

                6.In instances where it is not feasible to consolidate certain majority-owned banking, securities or other regulated financial entities1, banks may, subject to prior Central Bank approval, opt for non-consolidation of such entities for regulatory capital purposes.

                7.For group level reporting, if any majority-owned financial subsidiaries are not consolidated for capital purposes, all assets, liabilities and third-party capital investments in the subsidiaries will be removed from the bank’s balance sheet. All equity and other investments in regulatory capital instruments in those entities attributable to the bank / banking group will be deducted.

                8.Banks are required to deduct from CET1 the full amount of any capital shortfalls of subsidiaries excluded from regulatory consolidation, that are regulated entities and are subject to capital requirements. The amount of the capital requirement and capital shortfall for this deduction is to be based on the regulations issued by the subsidiary’s regulator (i.e. based on the host regulator’s local capital adequacy requirements).


                1 Examples of the types of activities that financial entities might be involved in include financial leasing, issuing credit cards, portfolio management, investment advisory, custodial and safekeeping services and other similar activities that are ancillary to the business of banking.

              • 1.2 Investments in the Capital of Banking, Securities, Financial and Insurance Entities

                Banking, securities, financial and insurance entities – (ownership in entity does not exceed 10%)

                9.A bank’s equity interests in banking, securities, insurance and other financial entities are defined as investments in the capital of banking, securities, insurance and other financial entities if the bank owns up to 10% of the investee’s common share capital.

                For detailed treatment of investments in such entities, refer to Section 3.9 - Regulatory Adjustments.

                Banking, securities, financial and insurance entities – Significant investments (ownership in entity exceeds 10%)

                10.Significant investments in banking, securities and other financial entities are defined as investments in the capital of banking, securities and other financial entities (that are outside the scope of regulatory consolidation) wherein the bank owns more than 10% of the investee’s common share capital. Such investments will be subject to the treatment outlined in Section 3.10 - Regulatory Adjustments.

              • 1.3 Investments in Commercial Entities

                11.Significant investments in commercial entities are subject to the treatment outlined in section 5. Subsidiaries that are commercial entities are not to be consolidated for regulatory capital purposes. In cases where a subsidiary that is a commercial entity has been consolidated for accounting purposes, the entity is to be deconsolidated for regulatory purposes (i.e. all assets, liabilities and equity will be removed from the bank’s balance sheet) and the book value of the investment will be subject to the treatment.

                For detailed treatment of investments in such entities, refer to Section 5.

            • 2. Eligible Capital

              • 2.1 Component of Capital

                12.Total regulatory capital will consist of the sum of the following items:

                1. i.Tier 1 capital, composed of
                  1. a.Common Equity Tier 1 (“CET1”)
                  2. b.Additional Tier 1 (“AT1”)
                2. ii.Tier 2 capital.

                These regulatory capital components are net of regulatory adjustments.

                13.Article (2.2) of Capital Adequacy Regulation requires banks to apply the following minimum requirement, at all times:

                1. i.CET1 capital must be at least 7.0% of risk-weighted assets (RWA).
                2. ii.Tier 1 capital must be at least 8.5% of RWA.
                3. iii.Total capital, calculated as sum of Tier 1 capital and Tier 2 capital, must be at least 10.5% of RWA.
              • 2.2 Capital Buffers:

                14.Article (5.1) of Capital Adequacy Regulation requires banks to maintain a capital conservation buffer (CCB) of 2.5% of total risk weighted assets, in the form of CET1 capital.

                15.Article (6) of Capital Adequacy Regulation requires banks to implement a countercyclical buffer (CCyB). Banks must meet the CCyB requirements by using CET1 capital exclusively. Banks will be subject to a countercyclical buffer that varies between zero and 2.5% of total risk weighted assets. The buffer that will apply to each bank will reflect the geographic composition of its portfolio of credit exposures. The CCyB buffer extends the capital conservation buffer (CCB).

                16.Domestic Systemically Important Banks (D-SIBs) are required to comply with article (7) of the Capital Adequacy Regulation. The additional requirements for identified D-SIBs will be communicated individually by the Central Bank to each relevant bank. Banks must meet the D-SIB buffer requirements by using CET1 capital. The D-SIB buffer extends the capital conservation buffer (CCB).

                17.Based on the outcome of the Supervisory Review and Evaluation Process (SREP) conducted by the Central Bank, a bank may be subject to an additional capital add-on, also referred to as individual Supervisory Capital Guidance requirement (SCG). Banks notified must apply the individual SCG requirement, as set by the Central Bank. The Individual SCG increases the minimum capital requirement.

                18.The aggregation of all the capital buffers (CCB, CCyB and D-SIB) form an effective capital conservation buffer. Any breach of the capital conservation buffers will lead to the following additional supervisory requirements and constraints on distributions:

                1. i.The relevant bank must immediately inform the Central Bank of the breach.
                2. ii.The relevant bank shall submit an approved plan to restore its regulatory capital to meet the buffer level requirement.
                3. iii.The relevant bank will be subjected to more intense supervision.
                4. iv.Capital conservation restrictions will immediately become effective in the form of restriction of dividends as prescribed by the Central Bank.
              • 2.3 Common Equity Tier 1

                19.As per Article 3.1 of the Capital Adequacy Regulation, CET1 capital consists of the sum of the following elements:

                1. i.Common shares issued by a bank which are eligible for inclusion in CET1 (or the equivalent for non-joint stock companies);
                2. ii.Share premium resulting from the issue of instruments included in CET1;
                3. iii.Retained earnings;
                4. iv.Legal reserves;
                5. v.Statutory reserves;
                6. vi.Accumulated other comprehensive income and other disclosed reserves;
                7. vii.Common shares issued by consolidated subsidiaries of a bank and held by third parties, also referred to as minority interest, which are eligible for inclusion in CET1;
                8. viii.Regulatory adjustments applied in the calculation of CET1.

                20.Retained earnings and other comprehensive income include audited/reviewed interim profit or loss. Expected dividend payments are excluded from CET1.

                Common shares issued by the bank

                21.For an instrument to be included in CET1 capital, it must meet all of the following criteria stated below. In cases where banks issue non-voting common shares, they must be identical to voting common shares of the issuing bank in all respects except the absence of voting rights for inclusion in CET1.

                1. i.Represents the most subordinated claim in liquidation of the bank.
                2. ii.The investor is entitled to a claim on the residual assets that is proportional to its share of issued capital, after all senior claims have been paid in liquidation (i.e. has an unlimited and variable claim, not a fixed or capped claim).
                3. iii.The principal is perpetual and never repaid outside of liquidation (setting aside discretionary repurchases or other means of effectively reducing capital in a discretionary manner that is allowable under relevant law and subject to the prior approval of the Central Bank).
                4. iv.The bank does nothing to create an expectation at issuance that the instrument will be bought back, redeemed or cancelled, nor do the statutory or contractual terms provide any feature that might give rise to such an expectation.
                5. v.Distributions are paid out of distributable items, including retained earnings. The level of distributions is not in any way tied or linked to the amount paid in at issuance and is not subject to a contractual cap (except to the extent that a bank is unable to pay distributions that exceed the level of distributable items).
                6. vi.There are no circumstances under which the distributions are obligatory. Non-payment is, therefore, not an event of default.
                7. vii.Distributions are paid only after all legal and contractual obligations have been met and payments on more senior capital instruments have been made. This means that there are no preferential distributions, including in respect of other elements classified as the highest quality issued capital.
                8. viii.The issued capital takes the first and proportionately greatest share of any losses as they occur. Within the highest quality capital, each instrument absorbs losses on a going concern basis proportionately and pari passu with all the others.
                9. ix.The paid-in amount is recognized as equity capital (i.e. not recognized as a liability) for determining balance sheet insolvency.
                10. x.The paid-in amount is classified as equity under the relevant accounting standards.
                11. xi.It is directly issued and paid-in and the bank cannot directly or indirectly have funded the purchase of the instrument.
                12. xii.The paid-in amount is neither secured nor covered by a guarantee of the issuer or related entity or subject to any other arrangement that legally or economically enhances the seniority of the claim.
                13. xiii.It is either only issued with the approval of the owners of the issuing bank, given directly by the owners or, if permitted by applicable law, given by the Board of Directors or by other persons duly authorized by the owners.
                14. xiv.It is clearly and separately disclosed on the bank’s balance sheet.
              • 2.4 Additional Tier 1 Capital

                22.Articles 3.2 of the Capital Adequacy Regulation, AT1 capital consists of the sum of the following elements:

                1. i.Instruments issued by a bank which are eligible for inclusion in AT1 and are not included in CET1 (e.g. perpetual equity instruments, not included in CET1);
                2. ii.Stock surplus, or share premium, resulting from the issue of instruments included in AT1;
                3. iii.Instruments issued by consolidated subsidiaries of the bank and held by third parties which are eligible for inclusion in AT1 and are not included in CET1;
                4. iv.Regulatory adjustments applied in the calculation of AT1.

                23.The treatment of instruments issued out of consolidated subsidiaries of the bank and the regulatory deductions applied in the calculation of AT1 capital are addressed in the Tier Capital Instruments Standard.

                Instruments issued by the bank that meet the Additional Tier 1 criteria

                24.The following is the minimum set of criteria for an instrument issued by the bank to meet or exceed in order for it to be included in Additional Tier 1 capital:

                1. i.Issued and paid-in
                2. ii.Subordinated to depositors, general creditors and subordinated debt of the bank
                3. iii.Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis bank creditors
                4. iv.Is perpetual, i.e. there is no maturity date and there are no step-ups or other incentives to redeem
                5. v.May be callable at the initiative of the issuer only after a minimum of five years:
                  1. a.To exercise a call option a bank must receive prior Central Bank approval; and
                  2. b.A bank must not do anything which creates an expectation that the call will be exercised; and
                  3. c.Banks must not exercise a call unless:
                    1. 1)They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; or
                    2. 2)The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised.
                6. vi.Any repayment of principal (e.g. through repurchase or redemption) must be with prior Central Bank’s approval and banks should not assume or create market expectations that Central Bank’s approval will be given.
                7. vii.Dividend/coupon discretion:
                  1. a.the Central Bank and the bank must have full discretion at all times to cancel distributions/payments
                  2. b.cancellation of discretionary payments must not be an event of default
                  3. c.banks must have full access to cancelled payments to meet obligations as they fall due
                  4. d.Cancellation of distributions/payments must not impose restrictions on the bank except in relation to distributions to common stockholders.
                8. viii.Dividends/coupons must be paid out of distributable items
                9. ix.The instrument cannot have a credit-sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organization’s credit standing.
                10. x.The instrument cannot contribute to liabilities exceeding assets in the required balance sheet test to determine insolvency.
                11. xi.Instruments classified as liabilities for accounting purposes must have principal loss absorption through a write-down mechanism which allocates losses to the instrument at a pre-specified trigger point. The loss absorption trigger must be set at a level of 7.625% of CET1. The write-down will have the following effects:
                  1. 1.Reduce the claim of the instrument in liquidation;
                  2. 2.Reduce the amount re-paid when a call is exercised; and
                  3. 3.Partially or fully reduce coupon/dividend payments on the instrument.
                12. xii.Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument or otherwise come into possession of the instrument, such as through receipt of collateral or a reverse repurchase agreement, nor can the bank directly or indirectly have funded the purchase of the instrument.
                13. xiii.The instrument cannot have any features that hinder recapitalization, such as provisions that require the issuer to compensate investors if a new instrument is issued at a lower price during a specified time frame.
                14. xiv.[Applicable for Islamic banks only] If the instrument is not issued out of an operating entity or the holding company in the consolidated group (e.g. a special purpose vehicle – “SPV”), proceeds must be immediately available without limitation to an operating entity or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in AT1 capital (Refer to the Capital Instruments Standards).
                15. xv.In addition to the criteria outlined above, the instrument must meet criteria for minimum requirements to ensure loss absorbency at the point of non-viability. Please refer to the Capital Instruments Standards.

                Share premium resulting from the issue of instruments included in Additional Tier 1 capital;

                25.Share premium that is not eligible for inclusion in CET1, will only be permitted to be included in AT1 capital if the shares giving rise to the stock surplus are permitted to be included in AT1 capital.

              • 2.5 Tier 2 Capital

                26.Articles 3.3 of the Capital Adequacy Regulation, Tier 2 capital consists of the sum of the following elements:

                1. i.Banks using the standardized approach for credit risk: general provisions or general loan loss reserves, up to maximum of 1.25% of credit RWA;
                2. ii.Instruments issued by the bank that meet the criteria for inclusion in Tier 2 capital, and are not included in Tier 1 capital;
                3. iii.Share premium resulting from the issue of instruments included in Tier 2 capital;
                4. iv.Instruments which are eligible for inclusion of Tier 2 (refer to paragraph 27)
                5. v.Instruments issued by consolidated subsidiaries of the bank and held by third parties that meet the criteria for inclusion in Tier 2 capital, and are not included in Tier 1 capital;
                6. vi.Regulatory adjustments applied in the calculation of Tier 2.

                27.The treatment of instruments issued out of consolidated subsidiaries of the bank and the regulatory deductions applied in the calculation of Tier 2 capital are addressed in the Tier Capital Instrument Standard.

                Instruments issued by the bank that meet the Tier 2 criteria

                28.The objective of Tier 2 capital is to provide loss absorption on a gone-concern basis. Based on this objective, the minimum set of criteria for an instrument to meet or exceed in order for it to be included in Tier 2 capital are set out below.

                Criteria for inclusion in Tier 2 Capital

                1. i.Issued and paid-in.
                2. ii.Subordinated to depositors and general creditors of the bank.
                3. iii.Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis depositors and general bank creditors
                4. iv.Maturity:
                  1. a.minimum original maturity of at least five years
                  2. b.recognition in regulatory capital in the remaining five years before maturity will be amortized on an annualized straight line basis (i.e. 20% incremental reduction in recognition every successive year in the last five years)
                  3. c.there are no step-ups or other incentives to redeem
                5. v.May be callable at the initiative of the issuer only after a minimum of five years:
                  1. a.To exercise a call option a bank must receive prior Central Bank’s approval;
                  2. b.A bank must not do anything that creates an expectation that the call will be exercised; and
                  3. c.Banks must not exercise a call unless:
                    1. 1.They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; or
                    2. 2.The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised.
                6. vi.The investor must have no rights to accelerate the repayment of future scheduled payments (coupon or principal), except in bankruptcy and liquidation.
                7. vii.The instrument cannot have a credit-sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organization’s credit standing.
                8. viii.Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument or otherwise come into possession of the instrument, such as through receipt of collateral or a reverse repurchase agreement, nor can the bank directly or indirectly have funded the purchase of the instrument.
                9. ix.[Applicable for Islamic banks only] If the instrument is not issued out of an operating entity or the holding company in the consolidated group (e.g. a special purpose vehicle – “SPV”), proceeds must be immediately available without limitation to an operating entity or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Tier 2 Capital (Refer to the Capital Instruments Standards).

                29.In addition to the criteria outlined above, the instrument must meet the minimum requirements to ensure loss absorbency at the point of non-viability. Please refer to the Capital Instruments Standards.

                Share premium resulting from the issue of instruments included in Tier 2 capital

                30.Share premium that is not eligible for inclusion in Tier 1, will only be permitted to be included in Tier 2 capital if the shares giving rise to the stock surplus are permitted to be included in Tier 2 capital.
                 

                General provisions/General loan-loss reserves:

                31.Provisions or loan-loss reserves held against future, presently unidentified losses are freely available to meet losses which subsequently materialize and therefore qualify for inclusion within Tier 2. Provisions ascribed to identified deterioration of particular assets or known liabilities, whether individual or grouped, should be excluded. Furthermore, general provisions or general reserves for loan losses will be limited to a maximum of 1.25% of credit risk weighted risk assets calculated under the standardised approach.
                 

                Capital component of Capital Adequacy Regulation

                32.If a bank has complied with the minimum CET1 and Tier 1 capital ratios, the excess AT1 capital can be counted to meet the total capital ratio, also referred to as Capital Adequacy Ratio (CAR).
                 

                33.Profit-sharing investment accounts must not be classified as part of an Islamic bank’s regulatory capital as referred to in Article 2 of Capital Adequacy Regulation.

                34.Investment risk reserves and a portion of the Profit Equalization Reserve (PER), if any, belong to the equity of investment account holders, and thus must not be used in the calculation of an Islamic bank’s regulatory capital. As the purpose of a PER is to smooth the profit pay-outs and not to cover losses, any portion of a PER that is part of the Islamic bank’s reserves must not be treated as regulatory capital as referred to in Article 2 of Capital Adequacy Regulations.

              • 2.6 Additional Criteria for AT1 and Tier 2 Instruments: Minimum Requirements to Ensure Loss Absorbency at the Point of Non-Vability.

                35. In order for an instrument issued by a bank to be included in AT1 or Tier 2 capital, it must also meet or exceed the minimum requirements defined in Capital Instruments Standards. These requirements are in addition to the criteria for AT1 and Tier 2 instruments stated above.

              • 2.7 Minority Interest (i.e. Non-Controlling Interest) and Other Capital Issued Out of Consolidated Subsidiaries

                Common shares issued by consolidated subsidiaries (that is within the scope of regulatory consolidation)

                36.Minority interest arising from the issue of common shares by a fully consolidated subsidiary of the bank may receive recognition in CET1 only if:

                1. i.The instrument giving rise to the minority interest would, if issued by the bank, meet all of the criteria for classification as common shares for regulatory capital purposes; and
                2. ii.The subsidiary that issued the instrument is itself a bank. (It is noted that minority interest in a subsidiary that is a bank is strictly excluded from the parent bank’s common equity if the parent bank or affiliate has entered into any arrangements to fund directly or indirectly minority investment in the subsidiary whether through an SPV or through another vehicle or arrangement. The treatment outlined here, thus, is strictly available where all minority investments in the bank subsidiary solely represent genuine third party common equity contributions to the subsidiary.)

                37.The amount of capital meeting the above criteria that will be recognized in consolidated CET1 is calculated as follows

                Total minority interest meeting the two criteria above minus the amount of the surplus CET1 of the subsidiary attributable to the minority shareholders.

                1. i.Surplus CET1 of the subsidiary is calculated as the CET1 (after the application of regulatory deductions) of the subsidiary minus the lower of:
                  1. a.the minimum CET1 requirement of the subsidiary plus the capital conservation buffer (i.e. 9.5% of risk weighted assets) and
                  2. b.the portion of the parent’s consolidated minimum CET1 requirement plus the capital conservation buffer (i.e. 9.5% of consolidated risk weighted assets) that relates to the subsidiary.
                2. ii.The amount of the surplus CET1 that is attributable to the minority shareholders is calculated by multiplying the surplus CET1 by the percentage of CET1 that is held by minority shareholders.

                Tier 1 qualifying capital issued by consolidated subsidiaries (that is within the scope of regulatory consolidation)

                38.Tier 1 capital instruments issued by a fully consolidated subsidiary of the bank to third party investors (including amounts under paragraph 37) may receive recognition in Tier 1 capital only if the instruments would, if issued by the bank meet all of the criteria for classification as Tier 1 capital.
                 

                39.The amount of this capital that will be recognized in Tier 1 will be calculated as follows:

                Total Tier 1 of the subsidiary issued to third parties minus the amount of the surplus Tier 1 of the subsidiary attributable to the third party investors.

                1. i.Surplus Tier 1 of the subsidiary is calculated as the Tier 1 of the subsidiary (after the application of regulatory deductions) minus the lower of:
                  1. a.the minimum Tier 1 requirement of the subsidiary plus the capital conservation buffer (i.e. 11% of risk weighted assets) and
                  2. b.the portion of the parent’s consolidated minimum Tier 1 requirement plus the capital conservation buffer (i.e. 11% of consolidated risk weighted assets) that relates to the subsidiary.
                2. ii.The amount of the surplus Tier 1 that is attributable to the third party investors is calculated by multiplying the surplus Tier 1 by the percentage of Tier 1 that is held by third party investors.

                The amount of this Tier 1 capital that will be recognized in Additional Tier 1 will exclude amounts recognized in CET1 under paragraph 37.

                Tier 1 and Tier 2 qualifying capital issued by consolidated subsidiaries (that is within the scope of regulatory consolidation)

                40.Total capital instruments (i.e. Tier 1 and Tier 2 capital instruments) issued by a fully consolidated subsidiary of the bank to third party investors (including amounts under paragraph 37 and 39) may receive recognition in Total Capital only if the instruments would, if issued by the bank, meet all of the criteria for classification as Tier 1 or Tier 2 capital
                 

                41.The amount of this capital that will be recognized in consolidated Total Capital will be calculated as follows:

                Total capital instruments of the subsidiary issued to third parties minus the amount of the surplus Total Capital of the subsidiary attributable to the third party investors.

                1. i.Surplus Total Capital of the subsidiary is calculated as the Total Capital of the subsidiary (after the application of regulatory deductions) minus the lower of:
                  1. a.the minimum Total Capital requirement of the subsidiary plus the capital conservation buffer (i.e. 13% of risk weighted assets) and
                  2. b.the portion of the parent’s consolidated minimum Total Capital requirement plus the capital conservation buffer (i.e.13% of consolidated risk weighted assets) that relates to the subsidiary.
                2. ii.The amount of the surplus Total Capital that is attributable to the third party investors is calculated by multiplying the surplus Total Capital by the percentage of Total Capital that is held by third party investors.

                The amount of this Total Capital that will be recognized in Tier 2 will exclude amounts recognized in CET1 under paragraph 37 and amounts recognized in AT1 under paragraph 39 above.

                42.An illustrative example for calculation of minority interest and other capital issued out of consolidated subsidiaries that is held by the third parties is furnished as Appendix 4 in Guidance for Capital Adequacy of Banks in the UAE.

                Other Instructions relating to the calculation of the amount of minority interest

                43.All calculations must be undertaken in respect of the subsidiary on a sub-consolidated basis (i.e. the subsidiary must consolidate all of its subsidiaries that are also included in the wider consolidated group). However, the bank may elect to give no recognition (in consolidated capital of the group) to the capital issued by the subsidiary to third parties.

                44.Where capital has been issued to third parties out of an SPV, none of this capital can be included in CET1. However, such capital can be included in consolidated AT1 or Tier 2 capital and treated as if the bank itself had issued the capital directly to the third-parties only if:

                1. i.it meets all the relevant entry criteria; and
                2. ii.the only asset of the SPV is its investment in the capital of the bank in a form that meets or exceeds all the relevant entry criteria (as required by criterion xiv for Additional Tier 1 and criterion ix for Tier 2 capital)

                In cases where the capital has been issued to third parties through an SPV via a fully consolidated subsidiary of the bank, such capital may, subject to the requirements of this paragraph, be treated as if the subsidiary itself had issued it directly to the third parties and may be included in the bank’s consolidated AT1 or Tier 2 in accordance with the treatment outlined in paragraphs 39 and 41.

            • 3. Regulatory Adjustments

              45.This Standard sets out the regulatory adjustments to be applied to regulatory capital. In all cases, these adjustments are applied in the calculation of CET1.

              • 3.1 Goodwill and Other Intangibles

                46.Goodwill and all other intangibles must be deducted in the calculation of CET1 (this deduction includes mortgage servicing rights), including any goodwill included in the valuation of significant investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation. The full amount is to be deducted net of any associated deferred tax liability, which would be extinguished if the intangible assets become impaired or derecognized under the relevant accounting standards.

                47.Banks are required to use the IFRS definition of intangible assets to determine which assets are classified as intangible and required to be deducted.

              • 3.2 Deferred Tax Assets

                48.Deferred tax assets (DTAs) that rely on future profitability of the bank to be realized are to be deducted in the calculation of CET1. Deferred tax assets may be netted with associated deferred tax liabilities (DTLs) only if the DTAs and DTLs relate to taxes levied by the same taxation authority and the relevant taxation authority permits offsetting.

                49.The treatment for DTA are classified as:

                1. i.Where these DTAs relate to temporary differences (e.g. allowance for credit losses) the amount to be deducted is set out in the “threshold deductions”.
                2. ii.All other DTAs, e.g. those relating to operating losses, such as the carry forward of unused tax losses, or unused tax credits, are to be deducted in full net of DTL as described above.

                50.The DTLs permitted to be netted against DTAs must exclude amounts that have been netted against the deduction of goodwill, intangibles and defined benefit pension assets, and must be allocated on a pro rata basis between DTAs subject to the threshold deduction treatment and DTAs that are to be deducted in full.

                51.An over-instalment of tax or, in some jurisdictions, current year tax losses carried back to prior years may give rise to a claim or receivable from the government or local tax authority. Such amounts are typically classified as current tax assets for accounting purposes. The recovery of such a claim or receivable would not rely on the future profitability of the bank and would be assigned the relevant sovereign risk weighting.

              • 3.3 Cash Flow Hedge Reserve

                52.The amount of the cash flow hedge reserve that relates to the hedging of items that are not fair valued on the balance sheet (including projected cash flows) should be derecognized in the calculation of CET1. This means that positive amounts should be deducted and negative amounts should be added back.

                53.This treatment specifically identifies the element of the cash flow hedge reserve that is to be derecognized for prudential purposes. It removes the element that gives rise to artificial volatility in common equity, as in this case the reserve only reflects one half of the picture (the fair value of the derivative, but not the changes in fair value of the hedged future cash flow).

              • 3.4 Gain on Sale Related to Securitization Transactions

                54.Derecognize in the calculation of CET1 any increase in equity capital resulting from a securitization transaction, such as that associated with expected Future Margin Income (FMI) resulting in a gain-on-sale.

              • 3.5 Cumulative Gains and Losses Due to Changes in Own Credit Risk on Fair Valued Financial Liabilities

                55.Derecognize in the calculation of CET1, all unrealized gains and losses that have resulted from changes in the fair value of liabilities that are due to changes in the bank’s own credit risk.

              • 3.6 Defined Benefit Pension Fund Assets and Liabilities

                56.Defined benefit pension fund liabilities, as included on the balance sheet, must be fully recognized in the calculation of CET1 (i.e. CET1 cannot be increased through derecognizing these liabilities).

                57.For each defined benefit pension fund that is an asset on the balance sheet, the asset should be deducted in the calculation of CET1 net of any associated deferred tax liability, which would be extinguished if the asset should become impaired or derecognized under the relevant accounting standards.

                58.Assets in the fund to which the bank has unrestricted and unfettered access can, with Central Bank’s approval, offset the deduction. Such offsetting assets should be given the risk weight they would receive if they were owned directly by the bank.

                59.This treatment addresses the concern that assets arising from pension funds may not be capable of being withdrawn and used for the protection of depositors and other creditors of a bank. The concern is that their only value stems from a reduction in future payments into the fund. The treatment allows banks to reduce the deduction of the asset if they can address these concerns and show that the assets can be easily and promptly withdrawn from the fund.

              • 3.7 Investments in Own Shares (Treasury Stock)

                60.All of a bank’s investments in its own common shares, whether held directly or indirectly, will be deducted in the calculation of CET1 (unless already derecognized under the relevant accounting standards).

                61.In addition, any own stock, which the bank could be contractually obliged to purchase, should be deducted in the calculation of CET1. The treatment described will apply irrespective of the location of the exposure in the banking book or the trading book. In addition:

                1. i.Gross long positions may be deducted net of short positions in the same underlying exposure only if the short positions involve no counterparty risk.
                2. ii.Banks should look through holdings of index securities to deduct exposures to own shares. However, gross long positions in own shares resulting from holdings of index securities may be netted against short position in own shares resulting from short positions in the same underlying index. In such cases, the short positions may involve counterparty risk (which will be subject to the relevant counterparty credit risk charge).

                62.Following the same approach outlined above, banks must deduct investments in their own AT1 in the calculation of their AT1 capital and must deduct investments in their own Tier 2 in the calculation of their Tier 2 capital.

              • 3.8 Reciprocal Cross Holdings in the Capital of Banking, Financial and Insurance Entities

                63.Reciprocal cross holdings of capital that are designed to artificially inflate the capital position of banks will be deducted in full from CET1.
                 

              • 3.9 Investments in the Capital of Banking, Securities, Financial and Insurance Entities Where the Bank Owns up to 10% of the Issued Common Share Capital of the Entity

                64.The regulatory adjustment described in this Standard applies to investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation and where the bank does not own more than 10% of the issued common share capital of the entity. In addition,

                1. i.Investments include direct, indirect and synthetic holdings of capital instruments. For example, banks should look through holdings of index securities to determine their underlying holdings of capital.

                  If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, Central Bank may permit banks, subject to prior supervisory approval, to use a conservative estimate. The methodology for the estimate should demonstrate that in no case will the actual exposure be higher than the estimated exposure. If a look-through or an acceptable estimate are not possible, the full amount of the investment should be accounted for.
                   
                2. ii.Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year).
                3. iii.Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included.
                4. iv.If the capital instrument of the entity in which the bank has invested does not meet the criteria for CET1, AT1, or Tier 2 capital of the bank, the capital is to be considered common shares for the purposes of this regulatory adjustment.
                5. v.Banks may, with prior Central Bank’s approval, exclude temporarily certain investments where these have been made in the context of resolving or providing financial assistance to reorganize a distressed institution.

                65.If the total of all holdings listed above in aggregate exceed 10% of the bank’s common equity (after applying all other regulatory deductions in full, apart from the deductions outlined in this Standard (paragraph 63 to 71)) then the amount above 10% is required to be deducted from CET1.

                66.Amounts below the threshold that are not deducted are to be risk weighted as follows:

                1. i.Amounts below the threshold that are in the banking book are to be risk weighted as per the credit risk (i.e. investments that are not listed and not marked to market will be risk weighted at 150% and investments that are listed will be risk weighted at 100%).
                2. ii.Amounts below the threshold that are in the trading book are to be risk weighted as per the market risk rules.
              • 3.10 Significant Investments in the Capital of Banking, Securities, Financial and Insurance Entities That are Outside the Scope of Regulatory Consolidation

                67.The regulatory adjustment described in this Standard applies to investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation where the bank owns more than 10% of the issued common share capital of the issuing entity or where the entity is an affiliate of the bank. An affiliate of a bank is defined as a company that controls, or is controlled by, or is under common control with, the bank. Control of a company is defined as (1) ownership, control, or holding with power to vote 20% or more of a class of voting securities of the company; or (2) consolidation of the company for financial reporting purposes. In addition,

                1. i.Investments include direct, indirect and synthetic holdings of capital instruments. For example, banks should look through holdings of index securities to determine their underlying holdings of capital.
                2. ii. Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year)
                3. iii.Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included.
                4. iv.If the capital instrument of the entity in which the bank has invested does not meet the criteria for CET1, AT1, or Tier 2 capital of the bank, the capital is to be considered common shares for the purposes of this regulatory adjustment. If the investment is issued out of a regulated financial entity and not included in regulatory capital in the relevant sector of the financial entity, it is not required to be deducted.
                5. v.Banks may, with prior Central Bank’s approval, exclude temporarily certain investments where these have been made in the context of resolving or providing financial assistance to reorganize a distressed institution.

                68.All investments included above that are not common shares must be fully deducted from CET1.

                69.Investments included above that are common shares will be subject to the “Threshold deductions” treatment described in the section 4 below.

            • 4. Threshold Deductions

              70.Instead of a full deduction, the following items may each receive limited recognition when calculating CET1, with recognition capped at 10% of the bank’s common equity (after applying all other regulatory deductions in full, apart from the deductions outlined in this Standard (paragraph 69 to 71)):

              1. i.Significant investments in the common shares of unconsolidated financial institutions (banking, securities and other financial entities) and insurance entities as referred to in Section 3.10 (paragraph 66). Any amount exceeding this 10% threshold is deducted from CET1 capital;
              2. ii.DTAs that rely on future profitability and arise from temporary differences. Any amount exceeding this 10% threshold is deducted from CET1 capital

              The amount below the 10% threshold of the above two items are aggregated and must not exceed 15% of the Common Equity Tier 1 capital (after application of all other regulatory adjustments and the amount of significant investments in the common shares of unconsolidated financial institutions and deferred tax assets in full). The calculation for threshold deduction is explained with an example in Appendix 5 in Guidance for Capital Adequacy of Banks in the UAE.

              71.The amount of the two items (outlined in paragraph 69) that are not deducted in the calculation of CET1 will be risk weighted at 250%.

              Former deductions from capital

              72.The following items, which under former Central Bank’s Regulations were deducted 50% from Tier 1 and 50% from Tier 2 (or had the option of being deducted or risk weighted), will receive a 1250% risk weight:

              1. i.Certain securitization exposures;
              2. ii.Non-payment/delivery on non-DvP and non-PvP transactions; and
              3. iii.Significant investments in commercial entities
            • 5. Significant Investments in Commercial Entities

              73.Significant investments in commercial entities are defined as investments in commercial entities that are, on an individual basis, greater than or equal to 10% of the bank’s CET1 capital (after the application of all regulatory deductions). The amount in excess of the threshold of 10% (for each individual investment) will be risk weighted at 1250%.

              74.If the aggregate of the amount of such significant investments that is not in excess of the threshold (i.e. amount of such investments not risk weighted at 1250%) is greater than 25% of the bank’s CET1 capital (after the application of all regulatory deductions), the amount in excess of 25% must also be risk weighted at 1250%. The amount in excess will be allocated to individual investments in a proportionate basis (refer to Appendix 3 in Guidance for Capital Adequacy of Banks in the UAE for an illustrative example).

              75.Amounts below the thresholds that are not risk weighted at 1250% are to be risk weighted as follows:

              1. i.Amounts below the thresholds that are in the banking book are to be risk weighted as per the credit risk rules (i.e. investments that are not listed will be risk weighted at 150% and investments that are listed will be risk weighted at 100%).
              2. ii.Amounts below the thresholds that are in the trading book are to be risk weighted as per the market risk rules.
            • 6. Transitional Arrangements

              76.Minority investment in banking, financial and insurance entities that are not deducted as per section 3.9 will be risk weighted at 100% if the entity is listed and 150% if the entity is unlisted. Application of risk weight for unlisted entities will have transitional arrangement as follows:

              YearEnd of 20171st Jan 20181st Jan 20191st Jan 2020 onwards
              Risk weights100%115%130%150%

               

              77.Equity investment in commercial entities that are below the thresholds as per section 5 will be risk weighted at 100% if the entity is listed and 150% if the entity is unlisted. Application of risk weight for unlisted companies will have transitional arrangement as follows:

              YearEnd of 20171st Jan 20181st Jan 20191st Jan 2020 onwards
              Risk weights100%115%130%150%


               

          • III. Tier Capital Instruments

            • 1. Introduction

              1.This Standard must be read in conjunction with the Capital Regulations Circular No 52/2017, in which Tier Capital the Tier Capital Supply Standard defines criteria required for capital to be classified as Additional Tier 1 (AT1) and Tier 2 (T2). Non-exhaustive examples of features are optional calls, coupon payments, and distributable items.

              2.The purpose of this Standard is to:

              • Clarify the requirements for classification of AT1 and T2 instruments in the UAE
              • Provide a robust Tier Capital instrument framework to the industry,
              • Support a standardisation of AT1 and T2 instruments in the market
              • Implement a clear application and approval process.
            • 2. Capital Approval

              3.Banks wishing to issue any type of capital, including AT1 and T2, must request approval of the Central Bank of the UAE prior to issuance of the instrument. The bank may only issue the intended capital component after having submitted documentation described in the Application Process in the Appendix to this Standard and after the Board of the Central Bank of the UAE has approved the issuance of the instrument.

              4.The Central Bank requires banks to issue AT1 and T2 instruments that are simple and robust in absorbing loss. The capital instrument Standard intends to:

              • Ensure the soundness of individual institutions
              • Reduce the variety of capital instruments in the market
              • Regulate the quality of instruments issued in the UAE
              • Monitor the amount of capital being issued in the market; and
              • Enhance the financial stability of the banking sector.
            • 3. Scope of Application

              5.This Standard explains the requirements for Tier Capital instruments, the application process, and approval procedures followed by the Central Bank. It applies to all local banks operating in the UAE since only local banks are permitted to issue Additional Tier 1 or Tier 2 instruments. Foreign branches, however, are permitted to issue Tier 2 subordinated term loans from their Head Offices restricted to a maximum of 3% of their risk-weighted assets. Banks are responsible for ensuring that their capital instruments comply with all applicable requirements. This Standard will be updated from time to time to reflect relevant regulatory development.

            • 4. Definitions and Interpretations

              In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, for this Standard, the following terms have the meanings defined in this section.

              1. a.Capital Regulations, Standards and Guidance, means regulatory capital requirements for the maintenance of capital applicable to the issuer, including transitional rules. It includes the Capital Regulation, the Capital Standards, and Capital Guidance.
              2. b.Central Bank means the Central Bank of the United Arab Emirates.
              3. c.Distributable Items means the amount of the issuer's consolidated retained earnings and reserves after the transfer of any amounts to non-distributable reserves, all as set out in the most recent audited or auditor reviewed consolidated financial statements of the issuer or any equivalent or successor term from time to time as prescribed by the Capital Regulations, including the applicable criteria for Tier 1 capital instruments that do not constitute Common Equity Tier 1 Capital;
              4. d.Grandfathering is part of the transition process. In order to qualify for the grandfathering arrangements, an instrument must have a particular cut-off date. Any instrument entered into before 1st January 2018, which does not meet the qualifying criteria for the particular tier of capital, in this Standard will be grandfathered.
              5. e.Non-Viable: The bank shall be Non-Viable if it is at least (a) insolvent, bankrupt, unable to pay a material part of its obligations as they fall due or unable to carry on its business, or (b) any other event or circumstance occurs that the Central Bank deems necessary to declare the bank to be Non-Viable.
              6. f.Point of Non-Viability (PONV): A Point of Non-Viability means that the Regulator has determined that the bank has or will become non-viable without: (a) a write-down of the principal amount of the instrument, or (b) a public injection of capital (or equivalent support).
              7. g.Tier Capital Instruments: Capital instruments other than Core Equity Tier 1 (CET1) capital, that qualify for recognition as Additional Tier 1 (AT1) or Tier 2 (T2) regulatory capital instruments according to the requirements of this Standard.
            • 5. General Requirements for Tier Capital Instruments

              6.Tier Capital Instruments must fulfil the criteria described in these capital standards, including additional requirements described hereunder.

              Point of Non Viability (PONV)

              1. i.The terms and conditions of Additional Tier 1 and Tier 2 instruments must have a provision that requires the principal amount of such instruments to be written-down upon the occurrence of a trigger event.
              2. ii.Banks will be informed in writing upon the occurrence of the bank’s financial position reaching a PONV in the view of the Central Bank.
              3. iii.When a PONV occurs on or after the issue date of the instrument, the instrument will be cancelled and all and any rights of any holder of the instrument for payment of any amounts under or in respect of the instrument (including, without limitation, any amounts that may be due and payable) shall be cancelled and not restored under any circumstances.
              4. iv.The write-down at the PONV will occur in full and be permanent in nature. A partial write-down may be considered only in exceptional cases as decided by the Central Bank.
              5. v.There must not be any impression to the holders that a write-down notice will be sent before the issuer can write-down the principal amount of the instrument.
              6. vi.If a bank issues Tier Capital out of a subsidiary and with the intention that such capital is eligible in the consolidated group’s capital, the terms and conditions must specify an additional trigger event. The trigger is the earlier of: (1) a decision that a write-down is required, without which the subsidiary would become non-viable, is necessary, as determined by the regulator of the subsidiary in the home jurisdiction, and (2) Central Bank has determined a Point of Non-Viability for the consolidated bank.

              Subordination

              7.To ensure subordination of Tier Capital instruments, Tier Capital instruments must be fully written-down upon liquidation or bankruptcy.
               

              Solvency Conditions

              8.Capital issuances must define Solvency Conditions in the terms and conditions of the instrument. Solvency Conditions must contain at least the following:

              1. i.The issuer must be solvent at all times.
              2. ii.Ability of the issuer to make payments on the obligations and any payments required to be made, on the relevant date, with respect to all senior obligations and pari passu obligations.
              3. iii.The total share capital of the issuer must be greater than zero at all times from the first day of the relevant coupon period to the time of payment of obligations.

              Capital Event

              9.If the instrument ceases to count as Tier Capital (for example due to a change in the Capital Regulation), the Central Bank will inform the bank in writing of such event accordingly.
               

              10.A capital event may occur at any time, due to its unforeseen nature, on or after the issue date. Any attempt to redeem must be subject to the Central Bank’s prior written consent.

              Redemption

              11.To ensure that Tier Capital instruments comply with the capital requirements as defined in this Standard, any redemption of the instrument requires prior written consent of Central Bank, satisfaction of the solvency conditions and satisfaction of the requirements set out in the Capital Regulations, Standards, and Guidance.
               

              12.The issuer may redeem all, but not some part, of the instrument. Only in certain exceptional cases would the Central Bank consider approving partial redemption.

              13.The terms and conditions of the instrument must not include terms that in any way indicate that the repurchase or redemption of the instrument may occur at any time.

              Redemption Notices

              14.All notices are revocable before the relevant redemption date.
               

              Special Purpose Vehicle (SPV)

              15.Only Islamic banks may use a SPV for capital issuances. The requirements for these issuances are as follows:

              1. i.The Mudaraba contract between the issuer and the SPV:
                1. a.Must be subordinated.
                2. b.No such contract will be given on the cancelled coupons so that flexibility of payments is given at any time.
              2. ii.The contract must be specific enough and its scope is restricted to a change affecting the issuer, such as a restructure or a merger. The Central Bank will reassess the eligibility of the instrument.
              3. iii.Each capital instrument requires a separate SPV that should not engage in any other business or activity.

              Currencies

              16.Only instruments denominated in UAE Dirhams (AED) or US Dollars (USD) will be accepted for banks incorporated in the UAE. This also applies to instruments issued through a SPV by Islamic banks.
               

              17.For issuances by subsidiaries, the respective local currency will be acceptable only in exceptional circumstances with the written approval of the Central Bank.

              Specific Requirements for Additional Tier 1

              Coupon Cancellation

              18.In the event of a coupon cancellation (as stated in the terms and conditions of the instrument), the issuer (as bank or SPV) will not pay the coupon and the following events should be covered as a minimum (Non-Payment Event):

              1. i.The coupon payable, when aggregated with any distributions or amounts payable by the issuer as bank or SPV, on any pari passu obligations having:
                1. a.the same dates in respect of payment of such distributions or amounts as, or;
                2. b.otherwise due and payable on the dates for payment of the coupon, exceeds the Distributable Items (on the relevant date for payment of such coupon);
              2. ii.The issuer is, on that coupon date:
                1. a.in breach of the Capital Regulations and Standards including any payment restrictions due to breach of capital buffers imposed on the issuer by the Central Bank, as appropriate;
                2. b.or payment of the relevant coupon would cause it to be in breach thereof;
              3. iii.The Central Bank requires that the coupon due on the coupon date will not be paid (for any reason the Central Bank may deem necessary);
              4. iv.The Solvency Conditions are not satisfied or would no longer be satisfied if the relevant coupon was paid; or
              5. v.The issuer, in its sole discretion, has elected that coupon shall not be paid to holders of the capital securities on any coupon date, for example but not limited to, due to a net loss for that period. Other than in respect of any amounts due on any date on which the capital securities are to be redeemed in full, unless the redemption notice is revoked.

              Therefore, cancellation of the distributions can be discretionary (v) or mandatory (i)-(iv). Any distributions on the instrument so cancelled, must be cancelled definitively and must not accumulate or be payable at any time thereafter.
               

              Non-Payment Event Notice

              19.All notices are revocable before a non-payment event is exercised.
               

              20.Any failure to provide a notice of a non-payment event will not invalidate the right to cancel the payment of the coupon.

              Enforcement Event

              21.The right to institute winding-up proceedings is limited to circumstances where payment has become due. Solvency Conditions have to be met in order for the principal, coupon, or any other amount to be due on the relevant payment date. Payments on the instrument can be cancelled after which it will not be due on the relevant payment date. Upon the occurrence of an enforcement event, any holder of the instrument may give written notice to the issuer of the instrument. An enforcement event is related to a non-payment when due and to insolvency.
               

              Maximum Distributable Amount (MDA):

              22.Distributions are restricted if the bank does not have sufficient capital to fulfill the effective capital conservation buffer. Banks are hence prohibited from making a distribution if their CET1 is below the Combined Buffer Requirement (CBR). The distributions have to be lower than the maximum distributable amount which is calculated as follows:

              MDA is calculated as the sum of:

              1. i.Interim profits not included in CET1 capital and
              2. ii.Year-end profits not included in CET1 capital minus
              3. iii.Amounts that would be payable by tax if i) and ii) were to be retained, multiplied by a factor set at:
                1. a.Zero if the CET1 ratio not used to meet the own funds requirement is within the first quartile (i.e. the lowest) of the CBR;
                2. b.0.2 if the CET1 is in the second quartile;
                3. c.0.4 if the CET1 is in the third quartile; and
                4. d.0.6 if the CET1 is in the fourth quartile

              MDA should be reduced by:

              1. i.A distribution in connection with CET1 capital;
              2. ii.Variable remuneration pay or discretionary pension benefits, or variable remuneration pay if the obligation to pay was created at a time when the institution failed to meet the CBR; and
              3. iii.Payments on additional tier 1 instruments.

              Specific Requirements for Tier 2 instruments

              23.Banks have to follow the Tier 2 criteria in the Tier Capital Supply Standard as well as the following additional requirements of this Standard:

              Amortisation of Tier 2 Instruments

              24.Recognition of the instrument as Tier 2 Capital in its final 5 years to maturity is amortised on a straight-line basis by 20% per annum.

              25.If the instrument is repayable in separate tranches, each tranche shall be amortised individually, as if it were a separate loan.

              Transition Period

              Grandfathering Rules for Additional Tier 1 and Tier 2

              26.The below two grandfathering rules apply only to instruments that were issued before the effective date of the Capital Regulation (being 1 February 2017).

              1. i.Instruments that are fully Basel III complaint will be grandfathered at 100% eligibility for 10 years starting from Jan 1, 2018 until 31 Dec 2027.
              2. ii.Instruments that are not Basel III compliant do no longer qualify as non-common equity Tier 1 capital or Tier 2 capital and will be phased out beginning 1st January 2018.

              27.Fixing the base at the nominal amount of such instruments outstanding on 1 January 2018, their recognition is/was capped at 90% from 1 January 2018, with the cap reducing by 10 percentage points in each subsequent year.

              28.This cap is applied to Additional Tier 1 and Tier 2 Instruments on an individual instrument base and refers to the amount of that instrument outstanding that no longer meets the relevant entry criteria.

              29.If an instrument is repaid in separate tranches, the cap is applied to the reduced amount in all circumstances.

            • Appendix A: Application Process:

              The application process for banks issuing Additional Tier 1 or Tier 2 is a two-stage process:

              1.Initial information to be provided to the Central Bank:

              The bank shall inform the Central Bank prior to making an official application for approval of any and every issuance. The bank must provide to the Central Bank the following information:

              1. 1.Reason(s) for the issuance of the instrument.
              2. 2.Main features of the planned instrument: Section 1, 2 and 3 of the Capital Notification form (signature not required).
              3. 3.Capital planning for 5 years including balance sheet growth and business performance:
                1. i.assuming approval of the proposed instrument
                2. ii.without the proposed instrument
              4. 4.Stress Testing with a stress scenario of the top 2 credit customers are defaulting with the proposed instrument
              5. 5.The Central Bank – Financial Stability Stress Department Test results

              The intention of such instrument request will be reviewed by the Central Bank and a Non-objection may be granted, so that the bank can proceed with the second stage of the approval process.

              2.Actual application to the Central Bank:

              To start the approval process, the bank must submit all of the following documents:

              1. i.Legal Opinion of an independent appropriately qualified and experienced lawyer that the terms and conditions are compliant with the requirements detailed in the Capital Regulations, Standards and Guidance.
              2. ii.Legal opinion of an independent appropriately qualified and experienced lawyer that the obligations contained in terms and conditions will constitute legal, valid, binding and enforceable obligations.
              3. iii.Legal opinion of an independent appropriately qualified and experienced lawyer that the Self-Assessment of the issuing bank meets the Conditions and the Capital Regulations.
              4. iv.Written confirmation from the bank’s external auditor on the accounting treatment of the Instrument.
              5. v.Fully completed Application form (CN1-form), signed by the CEO, CFO, Head of Internal Audit, Head of Compliance and Head of Risk.
              6. vi.Detailed terms and conditions of the Instrument that will be part of the prospectus/contract
                1. a.Note that the CN-1 form must contain details of any new, unusual or different features of the instrument
                2. b.Comparison of the intended terms and conditions with a version that is already publicly available and approved by the Central Bank. (Black-lined version)
              7. vii.Key SPV-related incorporation documents and underlying mudaraba agreement, if applicable:
              8. viii.Market Conformity Analysis (if the instrument will be privately placed).
              9. ix.Any other documents requested by the Central Bank, if deemed necessary.
            • Appendix B: Central Bank of UAE – Processes and Requirements Form for Financial Institutions Operating in UAE

              Summary checklist notification to the Central Bank in relation to a regulatory_capital instrument. In addition, kindly supply the following specific information: the CN1-form and the draft terms and conditions of the instrument. Please note that a submission is incomplete unless all requested information has been supplied.

              DocumentationEnter
              Stage 1:
              Initial Information to the Central Bank
               
              Name of the bank 
              Reasons for the issuance of the instrument 
              Bank to inform the Central Bank from the beginning of the instrument and main features of the capital increase 
              Main features of the planned capital Instrument (section 1, 2 and 3 of the Capital Notification Form 1- CN1 Form which is uploaded on the online Central Bank’s portal under Basel tab) 
              Capital Planning for 5 years under:
              1. i.Business as usual conditions
              2. ii.Without the Instrument
               
              Stress testing results, including results for one scenario in which top 2 credit customers default 
              Central Bank- Financial Stability Department stress test results 
              Stage 2:
              Application Content
              Check
              The bank must submit the following documents to start the approval process: 
              1. a.A legal opinion of an independent appropriately qualified and experienced lawyer that the terms and conditions are in compliance with the requirements detailed in the Capital Regulations, Standards and Guidance.
               
              1. b.Legal opinion of an independent appropriately qualified and experienced lawyer that the obligations contained in terms and conditions will constitute legal, valid, binding and enforceable obligations.
               
              1. c.Legal opinion of an independent appropriately qualified and experienced lawyer that the Self-Assessment of the issuing bank meets the Conditions and the Capital Regulations.
               
              1. d.Written confirmation from the bank’s external auditor on the accounting treatment of the Instrument
               
              1. e.Fully completed CN1-form signed by the CEO, CFO, Head of Internal Audit, Head of Compliance and Head of Risk
               
              1. f.Detailed terms and conditions that will be part of the prospectus (Note that a comparison of the terms and conditions need to be black-lined if any changes occur)
               
              1. g.Key SPV-related incorporation documents and underlying mudaraba agreement, if applicable.
               
              1. h.Market Conformity Analysis (if the instrument will be privately placed)
               
              1. i.Any other documents requested by the Central Bank, if deemed necessary.

               

               

            • Appendix C: Process of the Eligibility of Capital Instruments

              Banks will adhere to the following process when an application for the eligibility of a current capital instrument is submitted to the Central Bank:

              1. i)The bank has to determine if the current capital instrument has the following features:
                1. a)A conditional Point of Non-Viability (PONV) that;
                2. b)Needs to be activated by the Central Bank.
              2. ii)Once (i) has been met as:
                1. a)Yes: A letter from the Central Bank, the bank should request a letter from the Central Bank, which activates the PONV.
                2. b)No: The bank may directly go to (iii) without approaching the Central Bank for a letter to activate the PONV.
              3. iii)The bank will need to follow the Stage 2 process in Appendix B then approach its appointed external lawyers who will certify if the capital instrument conforms to the requirements of the Central Bank for grandfathering purposes. This certification will have to accompany the eligibility application to the Central Bank.
              4. iv)The Central Bank will determine if the application fulfills the necessary requirements as approved by the Board of the Central Bank.
              5. v)The final application will be submitted to the Central Bank. The Central Bank will decide as to which grandfathering clause to apply to the capital instrument.

              It should be noted that a separate eligibility application for each current capital instrument is required by the Central Bank.

               

          • IV. Credit Risk

            • I. Introduction and Scope

              1.All banks operating in the UAE must use the Standardised Approach to calculate their capital requirements for credit risk with effect from 31st March 2021.

              2.The requirements of the standardised approach for risk weighting of banking book exposures set out in the below sections with regards to exposures related to securitization are risk weighted based on the Standards on Capital for Securitisation Exposures.

              3.Exposures related to banks’ equity investments in funds are risk weighted based on the requirements of the below Standard on Equity Investments in Funds. The credit equivalent amount of over-the-counter (OTC) derivatives that expose a bank to counterparty credit risk is calculated under the requirements set forth in the below Standard on Counterparty Credit Risk Capital. Risk-weighted asset amounts for Credit Valuation Adjustment (CVA) risk are calculated based on the provisions set out below in the Standard, Credit Valuation Adjustment

              4.In determining the risk weights in the standardised approach, banks must use assessments by external credit assessment institutions recognised as eligible for capital purposes by the Central Bank in accordance with the criteria defined in the Guidance on Recognition of External Credit Assessment Institutions (ECAI). Exposures must be risk-weighted net of specific provisions.

              5.The Standards follow the calibration developed by the Basel Committee, which includes a maximum risk weight of 1250%, calibrated on a total capital adequacy requirement of 8%. The UAE instituted a higher minimum capital requirement of 10.5% (excluding capital buffers), applicable to all licensed banks. Consequently, the maximum capital charge for a single exposure will be the lesser of the value of the exposure after applying valid credit risk mitigation, netting and haircuts, and the capital resulting from applying a risk weight of 952% (reciprocal of 10.5%) to this exposure

            • II. Definitions

              In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, the following terms have the meanings defined in this Standard.

              1. a.Credit conversion factors (CCF): factors used to convert off-balance-sheet items into credit exposure equivalents. Counterparty risk weightings for OTC derivative transactions will not be subject to any specific ceiling.
              2. b.Credit risk mitigation (CRM): technique used by a credit institution to reduce the credit risk associated with an exposure it holds.
              3. c.Non-Commercial PSEs: Administrative bodies accountable to UAE Federal Government and Emirates Governments or to Local Authorities and other non-commercial undertakings owned by the UAE Federal Government and Emirates Governments or Local Authorities.
              4. d.Delivery versus payment (DvP): a securities delivery arrangement in which there is simultaneous exchanges of securities for cash.
              5. e.LTV Ratio: The LTV ratio is the amount of the loan divided by the value of the property. The value of the property must be maintained at the value measured at origination unless the Central Bank requires banks to revise the property value downward. The value must be adjusted if an extraordinary, idiosyncratic event occurs resulting in a permanent reduction of the property value. Modifications made to the property that unequivocally increase its value could also be considered in the LTV.
              6. f.Multilateral Development Bank (MDB): an international financial institution chartered by two or more countries for the purpose of encouraging economic development.
              7. g.Over-the-counter (OTC) derivatives: contracts that are traded (and privately negotiated) directly between two parties, without going through an exchange or other intermediary.
              8. h.Payment versus payment (PvP): a mechanism in a foreign exchange settlement system to ensure that a final transfer of one currency occurs only if a final transfer of the other currency or currencies also takes place.
              9. i.Specific provisions: the specific provision requirements as set out in the Regulation for Classification of Loans and their Provisions (Circular 28/2010) and the Clarification and Guidelines Manual for Circular No 28/2010.
              10. j.Undertakings for collective investments in transferable securities (UCITS): a regulatory framework of the European Commission that creates a harmonized regime throughout Europe for the management and sale of mutual funds. UCITS funds can be registered in Europe and sold to investors worldwide using unified regulatory and investor protection requirements.
            • III. Individual Exposures

              • A. Sovereigns and Central Banks

                6.Exposure to the Federal Government and Emirates Government receives 0% risk weight, if such exposures are denominated and funded in AED or USD for a transition period of 7 years from the date of implementation of this Standard. After the transition period, 0% risk weights are only applied to exposures that are denominated and funded in AED.

                7.A 0% risk weight may also be applied to exposures to other GCC sovereigns and their central banks only if these exposures are denominated and funded in the domestic currency of that sovereign and the Supervisory authority of that sovereign has adopted such preferential treatment for exposures to its own sovereign and central bank.

                8.Exposure to the Federal Government and Emirates Government in currencies other than AED or USD and claims on other sovereigns and central banks that do not meet the criteria set out in paragraph 6, are risk weighted as follows:

                Credit AssessmentAAA to AA-A+ to A-BBB+ to BBB-BB+ to B-Below B-Unrated
                Risk Weight0%20%50%100%150%100%

                 

                9.Exposure to the Bank for International Settlements, the International Monetary Fund, the European Central Bank, the European Union, the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF) receive a 0% risk weight.

              • B. Public Sector Entities (PSEs)

                10.PSEs include the following categories:

                1. (i)Non-Commercial PSEs; and
                2. (ii)Other PSEs including commercial PSEs (Government Related Entity (GRE) i.e. commercial PSEs that are fully owned or more than 50% in ownership by the UAE government).

                11.Non-Commercial PSEs that are acknowledged by the Central Bank may be treated in the same as Claims on Bank. However, the preferential treatment for short-term claims under Claims on Bank must not be applied to non-commercial PSE. The Central Bank issues a GRE list to banks on a regular basis that the Central Bank considers Non-Commercial PSEs that qualify for this treatment. The Central Bank may allow certain domestic Non-Commercial PSEs to be treated same manner as claims on UAE sovereign if these entities have specific revenue raising powers and have specific institutional arrangements the effect of which is to reduce their risks of default.

                12.Exposure to all other PSEs that are not included on the Central Bank’s list must be treated like exposures to corporates as per section III.F below.

              • C. Multilateral Development Banks (MDBs)

                13.With the exception of the MDBs that meet the criteria specified at paragraph 14 below, the risk weights applied to exposures to MDBs must be based on external credit assessments as set out in the table below.

                Credit assessment of MDBsAAA to AA-A+ to A-BBB+ to BBB-BB+ to B-Below B-Unrated
                Risk weight20%50%50%100%150%50%

                 

                14.A 0% risk weight will be applied to exposures to highly rated MDBs that meet the Basel Committee on Banking Supervision (BCBS) eligibility criteria for MDBs risk weighted at 0%.

                1. (i)The BCBS will continue to evaluate eligibility on a case-by-case basis so it is not possible to provide a definitive list of the MDBs that satisfy the BCBS's eligibility criteria. The up-to-date list of MDBs that meet the BCBS's eligibility criteria can be found on the BCBS's website www.bis.org.
                2. (ii)As a national discretion, exposures to the Arab Monetary Fund (AMF) receive 0% risk weight.
              • D. Banks

                15.Claims on banks must be risk weighted based on the external credit assessment of the bank itself as set out in the table below. For the purposes of calculating capital requirements, a bank exposure is defined as a claim on any financial institution that is licensed to take deposits from the public and is subject to appropriate prudential standards and level of supervision.

                16.Claims on unrated banks shall be risk-weighted at 50%. No claim on an unrated bank may receive a risk weight lower than that applied to claims on its sovereign of incorporation.

                17.A preferential risk weight that is one category more favourable shall be applied to claims with an original maturity of three months or less, subject to a floor of 20%. This treatment shall be available to both rated and unrated banks, but not to banks risk weighted at 150%. Short-term claims in the table below are defined as having an original maturity of three months or less. However, claims with (contractual) original maturity under three months which are rolled over (i.e., where the effective maturity is longer than three months) shall not qualify as short-term claims and shall not enjoy the preferential risk weighting treatment.

                Credit assessment of BanksAAA to AA-A+ to A-BBB+ to BBB-BB+ to B-Below B-Unrated
                Risk Weight20%50%50%100%150%50%
                Risk Weight Short Term claims20%20%20%50%150%20%

                 

              • E. Securities Firms

                18.Claims on securities firms shall be treated as claims on banks provided the securities firms are authorized by a competent authority and subject to supervisory and regulatory arrangements that are the same or equivalent to those under this standards, including, in particular, risk-based capital requirements. Otherwise, such claims must follow the rules for claims on corporates as per section III F below.

              • F. Corporates

                19.The table provided below in the next paragraph illustrates the risk weighting of rated corporate claims, including claims on insurance companies.

                20.The standard risk weight for unrated claims on corporates shall be 100%. No claim on an unrated corporate may be given a risk weight that is lower than that assigned to its sovereign of incorporation. For unrated exposures to Small- and Medium-sized Entities (SME) that do not meet the criteria in paragraph 21, an 85% risk weight will be applied. The Central Bank may, at its sole discretion, require a higher risk weighting for some unrated corporates as advised to banks directly where appropriate.

                Credit assessmentAAA to AA-A+ to A-BBB+ to BB-Below BB-Unrated
                Risk Weight20%50%100%150%100%

                 

              • G. Regulatory Retail Portfolios

                21.A 75% risk weighting may apply for exposures classified as “Retail” except as provided below for past due loans as per section III J below. For an exposure to be classified as “Retail” the Central Bank will need to be satisfied that the four criteria listed below are met:

                1. (i)Orientation criterion – Exposure to a natural person or persons, or Small- and Medium-sized Entities (SME);
                2. (ii)Product criterion – Eligible products included are credit cards, revolving credit, personal lending and small business credit facilities. Residential mortgage products are excluded as these are treated separately as “Claims Secured by Residential Property” as per section H below;
                3. (iii)Granularity criterion – No exposure to any one counterparty can exceed 0.20% of the total regulatory retail portfolio being evaluated (exposure is gross before any credit risk mitigation; and one counterparty includes connected persons);
                4. (iv)Value criterion –
                  1. (i)Maximum aggregated exposure to one counterparty must not exceed the value of AED 4,000,000 for exposures to SME,
                  2. (ii)For all other exposures, the maximum aggregated exposure to one counterparty must not exceed the value of AED 2,000,000.

                22.The Central Bank reserves the right to increase the 75% risk weight if this risk weight value is deemed to be too low based on the default experience for these types of exposures in the UAE. Exposures to SMEs that do not meet all of the above criteria set out in paragraph 21 are treated as under the corporate asset class and must follow the rules for claims on corporates as per Section III F above.

              • H. Claims Secured by Residential Property

                23.A 35% risk weighting shall apply to exposures fully secured by eligible immovable residential property that is occupied by the owner or that is rented, and where the purpose of the facility is to fund the purchase of the property. This risk weight value shall be applied only where there exists a substantial margin of additional security over the amount of the loan.

                24.Residential property shall be considered eligible immovable property if the following criteria are met:

                1. (i)A mortgage is enforceable in all jurisdictions which are relevant at the time of the conclusion of the credit agreement and shall be appropriately filed within a reasonable time;
                2. (ii)All legal requirements for establishing the mortgage have been fulfilled;
                3. (iii)The protection agreement and the legal process underpinning it enable the bank to realise the value of the property within a reasonable timeframe;
                4. (iv)Location of the property must be in the UAE; and
                5. (v)Banks shall have in place procedures to monitor that the property taken as credit protection is adequately insured against the risk of damage.

                25.Banks shall be responsible to monitor on an ongoing basis that the criteria listed in paragraph 24 above are met. In case of failure to conduct such internal monitoring or if the results of such internal monitoring indicate that the criteria are not met, the residential property cannot be considered eligible immovable property for the application of the 35% risk weight.

                26.Banks shall clearly document the types of residential immovable property they accept and their lending policies in this regard.

                27.Exposures secured by eligible residential real estate, as specified by the eligibility criteria set out in paragraph 24 above, and for which the 35% risk weight applies must not exceed any of the two items below:

                1. (i)85% of the market value of the property (i.e., the LTV ratio must be less than or equal to 85%); and
                2. (ii)AED 10 million;

                28.If the two criteria listed above in paragraph 27 cannot be definitively established or met, then the 35% risk weight cannot be applied. If the exposure meets the criteria for regulatory retail claims as set out at paragraph 21 then a 75% risk weight applies, otherwise a 100% risk weighting must be used.

                29.The Central Bank may increase the 35% risk weight if this risk weight is deemed to be too low based on the default experience for these types of exposures in the UAE.

              • I. Claims Secured by Commercial Real Estate

                30.A 100% risk weighting shall apply to exposures secured by commercial real estate. For the purposes of this paragraph, a commercial real estate exposure is an exposure secured by immovable property that is not residential real estate as per section III H above.

              • J. Past Due Loans

                31.The unsecured portion of any loan (other than a residential mortgage loan as per section H above) that is past due for more than 90 days, net of specific provisions (including partial write-offs), must be risk-weighted as follows:

                1. (i)150% risk weight when specific provisions are less than 20% of the outstanding amount of the loan;
                2. (ii)100% risk weight when specific provisions are 20% and above of the outstanding amount of the loan.

                32.In the case of residential mortgage loans as per section H above, when such loans are past due for more than 90 days they shall be risk weighted at 100%, net of any specific provisions.

                33.For the purpose of defining the secured portion of the past due loan, eligible collateral and guarantees shall be the same as for Credit Risk Mitigation set out below at section IV.

                34.Past due retail loans are to be excluded from the overall regulatory retail portfolio when assessing the granularity criterion specified in Paragraph 21, for risk-weighting purposes.

              • K. Higher Risk Categories

                35.The following claims shall be risk weighted at 150% or higher:

                1. (i)Claims on sovereigns, PSEs, banks, and securities firms rated below B-;
                2. (ii)Claims on corporates rated below BB-;
                3. (iii)Past due loans as set out in section J above; and
                4. (iv)Real estate acquired in settlement of debt and not liquidated within the statutory period (Article 93 of Federal Law).

                36.The Central Bank may apply a 150% or higher risk weight reflecting the higher risks associated with the assets.

                37.The risk weights applicable to securitisation and re-securitisation exposures are set out in the Standards on Capital for Securitisation Exposures.

              • L. Other Assets

                38.Gold bullion held in own vaults or on an allocated basis to the extent backed by bullion liabilities shall be treated as cash and therefore risk-weighted at 0%.

                39.Cash items in the process of collection are risk-weighted at 20%.

                40.Investments in commercial entities shall be treated as per the Capital Supply standard.

                41.Exposure to investments in the capital of banking, securities, financial and insurance entities, must be treated as per the Capital Supply standard.

                42.The treatment of securitisation exposures is presented separately in line with Securitisation Standard below in these standards.

                43.The standard risk weight for exposure to all other assets not specifically mentioned shall be 100%.

              • M. Off-Balance Sheet Items

                44.Off-balance sheet items must be converted into credit exposure equivalents through the use of CCF.

                Credit Conversion Factor of 100%

                45.The following items must be converted into credit exposure equivalents through the use of CCF of 100%:

                1. (i)All direct credit substitutes, including general guarantees of indebtedness (such as standby letters of credit serving as financial guarantees for loans and securities) and acceptances (such as endorsements with the character of acceptances);
                2. (ii)Sale and repurchase agreements and asset sales with recourse, where the credit risk remains with the bank;
                3. (iii)Forward asset purchases, forward deposits and commitments for the unpaid portion of partly-paid shares and securities which represent commitments with certain draw-downs, and which shall be risk-weighted according to the type of asset and not according to the type of counterparty with whom the transaction has been entered into;
                4. (iv)The lending of banks’ securities or the posting of securities as collateral by banks, including instances where these arise out of repo-style transactions (i.e., repurchase/reverse repurchase and securities lending/securities borrowing transactions). Section IV on credit risk mitigation sets out the requirements for the calculation of risk-weighted assets where the credit converted exposure is secured by eligible collateral;
                5. (v)Off-balance sheet items that are credit substitutes not explicitly included in any other category (including credit derivatives such as credit default swaps).

                Credit Conversion Factor of 50%

                46.The following items must be converted into credit exposure equivalents through the use of CCF of 50%:

                1. (i)Transaction-related contingent items (e.g., performance bonds, bid bonds warranties, and standby letters of credit related to particular transactions);
                2. (ii)Underwriting commitments under note issuance and revolving underwriting facilities regardless of maturity of the underlying facility;
                3. (iii)Other commitments that are not unconditionally cancellable with an original maturity exceeding one year.

                Credit Conversion Factor of 20%

                47.The following items must be converted into credit exposure equivalents through the use of CCF of 20%:

                1. (i)Other commitments not unconditionally cancellable with an original maturity of one year or less; and
                2. (ii)Short-term self-liquidating trade letters of credit arising from the movement of goods (e.g., documentary credits collateralised by the underlying shipment), for both issuing and confirming banks.

                Credit Conversion Factor of 0%

                48.Any commitments that are unconditionally cancellable at any time by the bank without prior notice, or that effectively provide for automatic cancellation due to deterioration in a borrower’s creditworthiness must be converted into credit exposure equivalents using CCF of 0%.

                Other Principles

                49.Where there is an undertaking to provide a commitment on an off-balance sheet item (i.e., commitment for a commitment), banks shall apply the lower of the two applicable CCFs.

                50.The credit equivalent amount of OTC derivatives that expose a bank to counterparty credit risk shall be calculated under the rules set forth below in the Counterparty Credit Risk Standard below.

                Failed Trades and Non-DvP Transactions

                51.Banks shall closely monitor securities, commodities, and foreign exchange transactions that have failed or not been timely settled.

                Principles for Failed Trades and Non-DvP Transactions

                52.DvP also refers to PvP transactions for the purpose of this Standard. Transactions settled through a DvP system, providing simultaneous exchanges of securities for cash, expose firms to a risk of loss on the difference between the transaction valued at the agreed settlement price and the transaction valued at current market price (i.e., positive current exposure). Transactions where cash is paid without receipt of the corresponding receivable (securities, foreign currencies, gold, or commodities) or, conversely, deliverables were delivered without receipt of the corresponding cash payment (i.e., non-DvP, or free-delivery transactions) expose firms to a risk of loss on the full amount of cash paid or deliverables delivered. Specific capital charges address these two kinds of exposures.

                53.The following capital treatment is applicable to all transactions on securities, foreign exchange instruments, and commodities that give rise to a risk of delayed settlement or delivery. This includes transactions through recognised clearing houses that are subject to daily mark-to-market and payment of daily variation margins and that involve a mismatched trade. Repurchase and reverse-repurchase agreements as well as securities lending and borrowing that have failed to settle are excluded from this capital treatment. (All repurchase and reverse-repurchase agreements as well as securities lending and borrowing, including those that have failed to settle, shall be treated in accordance with the sections on CRM below).

                54.In cases of a system wide failure of a settlement or clearing system, the Central Bank may use its discretion to waive capital charges until the situation is rectified.

                55.Failure of a counterparty to settle a trade in itself shall not be deemed a default for purposes of credit risk.

                Capital Requirements for Failed Trades and Non-DvP Transactions

                56.The capital requirement for failed trades and Non-DvP transactions shall be calculated as follows:

                1. (i)For DvP transactions, if the payments have not yet taken place five business days after the settlement date, firms must calculate a capital charge by multiplying the positive current exposure of the transaction by the appropriate factor, according to the table below.
                   
                  Number of working days after the agreed settlement dateCorresponding risk multiplier
                  From 5 to 158%
                  From 16 to 3050%
                  From 31 to 4575%
                  46 or more100%
                2.  
                3. (ii)For Non-DvP transactions (i.e., free deliveries), after the first contractual payment/delivery leg, the bank that has made the payment shall treat its exposure as a loan if the second leg has not been received by the end of the business day. This means that a bank shall use the risk weights set forth in the exposure classes set out in this Standard. However, when exposures are not material, banks may choose to apply a uniform 100% risk-weight to these exposures, in order to avoid the burden of a full credit assessment.
                4. (iii)If five business days after the second contractual payment/delivery date the second leg has not yet effectively taken place, the bank that has made the first payment leg shall deduct from capital the full amount of the value transferred plus replacement cost, if any. This treatment shall apply until the second payment/delivery leg is effectively made.
            • IV. Credit Risk Mitigation

              • A. Introduction and General Requirements

                Introduction

                57.Banks may use a number of techniques to mitigate the credit risks to which they are exposed. For example, exposures may be collateralised by first priority claims, in whole or in part with cash or securities, a loan exposure may be guaranteed by a third party, or a bank may buy a credit derivative to offset various forms of credit risk. Additionally, banks may agree to net loans owed to them against deposits from the same counterparty.

                58.In this Standard, “counterparty” is used to denote a party to whom a bank has an on or off-balance sheet credit exposure. That exposure may, for example, take the form of a loan of cash or securities (where the counterparty would traditionally be called the borrower), of securities posted as collateral, of a commitment or of exposure under an OTC derivatives contract

                General Requirements for legal certainty

                59.The Central Bank recognizes certain credit risk mitigation techniques for regulatory capital purposes, provided that all documentation used in collateralised transactions and for documenting on-balance sheet netting, guarantees and credit derivatives are binding on all parties and legally enforceable in all relevant jurisdictions, and that banks have conducted sufficient legal review to verify this and have a well-founded legal basis to reach this conclusion, and undertake such further review as necessary to ensure continuing enforceability.

                60.Where a bank has a single exposure covered either by more than one type of credit risk mitigation, or by differing maturities of protection provided by the same credit protection provider, the bank shall:

                1. (i)Subdivide the exposure into parts covered by each type or maturity of credit risk mitigation tool; and
                2. (ii)Calculate the risk-weighted assets for each part obtained in point (i) above separately in accordance with the risk weights applicable to each exposure category as described in the relevant section.

                61.The comprehensive approach for the treatment of collateral (described further below from paragraph 85) shall also be applied to calculate the counterparty risk charges for OTC derivatives and repo-style transactions booked in the trading book.

                62.No transaction in which CRM techniques are used shall receive a higher capital requirement than an otherwise identical transaction where such techniques are not used.

                63.The effects of CRM shall not be double counted. Therefore, no additional supervisory recognition of CRM for regulatory capital purposes shall be granted on claims for which an issue-specific rating is used that already reflects that CRM. Principal-only ratings shall also not be allowed within the framework of CRM to claims for which an external credit assessment can be conducted.

                64.Considering that, while the use of CRM techniques reduces or transfers credit risk, it simultaneously may increase other risks (residual risks), and that residual risks include legal, operational, liquidity and market risks, banks shall employ robust procedures and processes to control these risks, including strategy, consideration of the underlying credit, valuation, policies and procedures, systems, control of roll-off risks, and management of concentration risk arising from the bank’s use of CRM techniques and its interaction with the bank’s overall credit risk profile. Where these risks are not adequately controlled, the Central Bank may impose additional capital charges or take other supervisory actions under Pillar 2.

                65.The banks shall also observe the Central Bank’s Pillar 3 requirements to obtain capital relief in respect of any CRM techniques.

              • B. Collateralised Transactions

                66.A collateralised transaction is one in which:

                1. (i)Banks have a credit exposure or potential credit exposure; and
                2. (ii)Credit exposure or potential credit exposure is hedged in whole or in part by collateral posted by a counterparty or by a third party on behalf of the counterparty.

                67.Where banks take eligible financial collateral (e.g., cash or securities, more specifically as per section IV C (a)), they are allowed to reduce their credit exposure to a counterparty when calculating their capital requirements to take account of the risk mitigating effect of the collateral.

                Overall framework

                68.Banks may opt for either the simple approach (described further in Section IV C(c)), which substitutes the risk weighting of the collateral for the risk weighting of the counterparty for the collateralised portion of the exposure (generally subject to a 20% floor), or for the Comprehensive Approach (described further in Section IV C(b)), which allows fuller offset of collateral against exposures, by effectively reducing the exposure amount by the value ascribed to the collateral.

                69.Partial collateralisation is recognised in both approaches.

                70.Mismatches in the maturity of the underlying exposure and the collateral shall only be allowed under the comprehensive approach.

                71.Banks shall operate under either the simple approach or comprehensive approach, but not both approaches, in the banking book, but only under the comprehensive approach in the trading book.

                72.Banks that intend to apply the comprehensive approach require prior approval from the Central Bank.

                Minimum Conditions

                73.The minimum conditions set out below must be met before capital relief will be granted in respect of any form of collateral under either the simple approach or comprehensive approach.

                74.In addition to the general requirements for legal certainty set out above at paragraph 59 to 65, the legal mechanism by which collateral is pledged or transferred shall ensure that the bank has the right to liquidate or take legal possession of it, in a timely manner, in the event of the default, insolvency or bankruptcy (or one or more otherwise-defined credit events set out in the transaction documentation) of the counterparty (and, where applicable, of the custodian holding the collateral). Furthermore, banks shall take all steps necessary to fulfil those requirements under the law applicable to the bank’s interest in the collateral for obtaining and maintaining an enforceable security interest, e.g., by registering it with a registrar, or for exercising a right to net or set off in relation to title transfer collateral.

                75.In order for collateral to provide protection, the credit quality of the counterparty and the value of the collateral must not have a material positive correlation (for example, securities issued by the counterparty - or by any related group entity - would provide little protection and so would be ineligible).

                76.Banks shall have clear and robust procedures for the timely liquidation of collateral to ensure that any legal conditions required for declaring the default of the counterparty and liquidating the collateral are observed, and that collateral can be liquidated promptly.

                77.Where the collateral is held by a custodian, banks shall take reasonable steps to ensure that the custodian segregates the collateral from its own assets.

                78.A capital requirement shall be applied to a bank on either side of the collateralised transaction (for example, both repos and reverse repos shall be subject to capital requirements). Likewise, both sides of a securities lending and borrowing transaction shall be subject to explicit capital charges, as shall the posting of securities in connection with a derivative exposure or other borrowing.

                79.Where a bank, acting as an agent, arranges a repo-style transaction (i.e., repurchase/reverse repurchase and securities lending/borrowing transactions) between a customer and a third party and provides a guarantee to the customer that the third party will perform on its obligations, then the risk to the bank shall be the same as if the bank had entered into the transaction as a principal. In such circumstances, a bank shall be required to calculate capital requirements as if it were itself the principal.

                The simple approach

                80.In the simple approach the risk weighting of the collateral instrument collateralising or partially collateralising the exposure shall be substituted for the risk weighting of the counterparty. Details of this framework are provided further below at section IV C (c).

                The comprehensive approach

                81.In the comprehensive approach, when taking collateral, banks shall calculate their adjusted exposure amount to a counterparty for capital adequacy purposes in order to take account of the effects of that collateral. Using haircuts, banks shall adjust both the amount of the exposure to the counterparty and the value of any collateral received in support of that counterparty to take account of possible future fluctuations in the value of either, occasioned by market movements (exposure amounts may vary, for example where securities are being lent.) This will produce volatility-adjusted amounts for both exposure and collateral. Unless either side of the transaction is cash, the volatility-adjusted amount for the exposure shall be higher than the exposure and for the collateral, it shall be lower.

                82.Where the exposure and collateral are held in different currencies an additional downwards adjustment shall be made to the volatility adjusted collateral amount to take account of possible future fluctuations in exchange rates.

                83.Where the volatility-adjusted exposure amount is greater than the volatility-adjusted collateral amount (including any further adjustment for foreign exchange risk), banks shall calculate their risk-weighted assets as the difference between the two multiplied by the risk weight of the counterparty. The framework for performing these calculations is set out further below in paragraph 97 to 100.

                84.Banks shall use the standard supervisory haircuts and the parameters therein as set by the Central Bank. The use of own-estimate haircuts that rely on banks own internal estimates of market price volatility is prohibited.

                85.The size of the individual haircuts shall depend on the type of instrument, type of transaction and the frequency of marking-to-market and re-margining (for example, repo style transactions subject to daily marking-to-market and to daily re-margining will receive a haircut based on a 5-business day holding period and secured lending transactions with daily mark-to-market and no re-margining clauses will receive a haircut based on a 20-business day holding period. These haircut numbers will be scaled up using the square root of time formula depending on the frequency of re-margining or marking-to-market).

                86.For certain types of repo-style transactions (broadly speaking government bond repos) banks are permitted in certain cases not to apply the standard supervisory haircuts in calculating the exposure amount after risk mitigation. Paragraph 108 lists cases where such treatment is allowed.

                87.The effect of master netting agreements covering repo-style transactions can be recognised for the calculation of capital requirements subject to the conditions specified in Paragraph 110.

                On-balance sheet netting

                88.Where banks have legally enforceable netting arrangements for loans and deposits they may calculate capital requirements on the basis of net credit exposures subject to the conditions in paragraphs 120.

                Guarantees and credit derivatives

                89.Where guarantees or credit derivatives are direct, explicit, irrevocable and unconditional, and the Central Bank is satisfied that banks fulfil certain minimum operational conditions relating to risk management processes, banks are allowed to take account of such credit protection in calculating capital requirements.

                90.A range of guarantors and protection providers are recognized by the Central Bank. A substitution approach shall be applied. Thus only guarantees issued by or protection provided by entities with a lower risk weight than the counterparty will lead to reduced capital charges since the protected portion of the counterparty exposure is assigned the risk weight of the guarantor or protection provider, whereas the uncovered portion retains the risk weight of the underlying counterparty. Detailed operational requirements for the recognition of guarantees and credit derivatives are given below in paragraphs 122 to 128.

                Maturity mismatch

                91.Where the residual maturity of the CRM is less than that of the underlying credit exposure a maturity mismatch occurs.

                92.Where there is a maturity mismatch and the CRM has an original maturity of less than one year, the CRM shall not be recognised for capital purposes. In other cases where there is a maturity mismatch, partial recognition shall be given to the CRM for regulatory capital purposes as detailed below in paragraphs 137 to 140.

                93.Under the simple approach, such partial recognition is not allowed for collateral maturity mismatches.

                Miscellaneous

                94.The treatments for pools of credit risk mitigants and first- and second-to-default credit derivatives are given in paragraphs 141 to 145.

              • C. Collateral

                a) Eligible financial collateral

                95.The following collateral instruments are eligible for recognition in the simple approach:

                1. (i)Cash (as well as certificates of deposit or comparable instruments issued by the lending bank) on deposit with the bank which is incurring the counterparty exposure.

                  Note 1: Cash funded credit linked notes issued by the bank against exposures in the banking book which fulfil the criteria for credit derivatives will be treated as cash collateralised transactions.

                  Note 2: When cash on deposit, certificates of deposit or comparable instruments issued by the lending bank are held as collateral at a third-party bank in a noncustodial arrangement, if they are openly pledged/assigned to the lending bank and if the pledge/assignment is unconditional and irrevocable, the exposure amount covered by the collateral (after any necessary haircuts for currency risk) will receive the risk weight of the third-party bank);
                   
                2. (ii)Gold;
                3. (iii)Debt securities rated by a recognised external credit assessment institution where these are either:
                  • Rated at least BB- when issued by sovereigns or PSEs that are treated as sovereigns by the Central Bank; or
                  • At least BBB- when issued by other entities (including banks and securities firms); or
                  • At least A-3/P-3 for short-term debt instruments.
                4. (iv)Debt securities not rated by a recognised external credit assessment institution where these are:
                  • Issued by a bank; and
                  • Listed on a recognised exchange; and
                  • Classified as senior debt; and
                  • All rated issues of the same seniority by the issuing bank must be rated at least BBB- or A-3/P-3 by a recognised external credit assessment institution; and
                  • The bank holding the securities as collateral has no information to suggest that the issue justifies a rating below BBB- or A-3/P-3 (as applicable); and
                  • The Central Bank is sufficiently confident about the market liquidity of the security.
                5. (v)Equities (including convertible bonds) that are included in a main index (a widely accepted index that ensures adequate liquidity, depth of market, and size of bid-ask spread).
                6. (vi)UCITS and mutual funds where:
                  • A price for the units is publicly quoted daily; and
                  • The UCITS/mutual fund is limited to investing in the instruments listed in this paragraph. However, the use or potential use by a UCITS/mutual fund of derivative instruments solely to hedge investments listed in this paragraph and the next paragraph shall not prevent units in that UCITS/mutual fund from being eligible financial collateral.

                96.The following collateral instruments are eligible for recognition in the comprehensive approach:

                1. (i)All of the collateral instruments that are eligible for recognition in the Simple Approach, as outlined in the above at paragraph 95;
                2. (ii)Equities (including convertible bonds) which are not included in a main index but which are listed on a recognised exchange;
                3. (iii)UCITS/mutual funds which include such equities.

                b) The Comprehensive Approach

                Calculation of Adjusted exposure

                97.For a collateralised transaction, the exposure amount after risk mitigation is calculated as follows:

                E=max{0,[Ex(1+He)C×(1HcHfx)]}

                where:

                 
                E*=The exposure value after risk mitigation;
                E=Current value of the exposure;
                He=Haircut appropriate to the exposure;
                C=The current value of the collateral received;
                Hc=Haircut appropriate to the collateral; and
                Hfx=Haircut appropriate for currency mismatch between the collateral and exposure.
                 

                98.The exposure amount after risk mitigation shall be multiplied by the risk weight of the counterparty to obtain the risk-weighted asset amount for the collateralised transaction.

                99.The treatment for transactions where there is a mismatch between the maturity of the counterparty exposure and the collateral is given in paragraphs 137 to 140.

                100.Where the collateral is a basket of assets, the haircut on the basket will be

                H=ΣıaiHi

                where:

                 
                ai=The weight of the asset (as measured by units of currency) in the basket;
                Hi=The haircut applicable to that asset.
                 

                Standard supervisory haircuts

                101.The following table sets the standard supervisory haircuts (assuming daily mark-to-market, daily re-margining and a 10-business day holding period), expressed as percentages:

                Issue rating for debt securitiesResidual MaturitySovereigns (a)Other issuers
                AAA to AA-/A-1≤ 1 year0.51
                >1 year, ≤ 5 years24
                > 5 years48
                A+ to BBB-/A-2/A-3/P-3 and unrated bank securities≤ 1 year12
                >1 year, ≤ 5 years36
                > 5 years612
                BB+ to BB-All15 
                Gold  15

                Equities (including convertible bonds) listed on a recognized exchange, including main index equities

                  25
                UCITS/Mutual funds

                Highest haircut applicable to any security in which the fund can invest

                Cash in the same currency (b)  0

                 

                (a) includes multilateral development banks receiving a 0% risk weight.

                (b) represents eligible cash collateral specified as 'Cash' as per item (i), in Paragraph 95.
                 

                 

                102.The standard supervisory haircut for currency risk where exposure and collateral are denominated in different currencies is 8% (also based on a 10-business day holding period and daily mark-to-market).

                103.For transactions in which the bank lends non-eligible instruments (e.g., noninvestment grade corporate debt securities), the haircut to be applied on the exposure must be the same as the one for equity traded on a recognised exchange.

                Adjustment for different holding periods and non-daily mark-to-market or re-margining

                104.For some transactions, depending on the nature and frequency of the revaluation and re-margining provisions, different holding periods are appropriate. The framework for collateral haircuts distinguishes between repo-style transactions (i.e., repo/reverse repos and securities lending/borrowing), “other capital-market-driven transactions” (i.e., OTC derivatives transactions and margin lending) and secured lending. In capital-market-driven transactions and repo-style transactions, the documentation contains re-margining clauses; in secured lending transactions, it generally does not.

                105.The minimum holding period for various products or transactions is summarised in the table below:

                Transaction typeMinimum holding periodCondition
                Repo-style transactionFive business daysDaily re-margining
                Other capital market transactionsTen business daysDaily re-margining
                Secured lendingTwenty business daysDaily re-margining

                 

                106.When the frequency of re-margining or revaluation is longer than the minimum, the minimum haircut numbers shall be scaled up depending on the actual number of business days between re-margining or revaluation using the square root of time formula below:

                1

                where:

                 
                H=Haircut;
                HM=Haircut under the minimum holding period;
                TM=Minimum holding period for the type of transaction; and
                NR=Actual number of business days between re-margining for capital market transactions or revaluation for secured transactions.

                107.When a bank calculates the volatility on a TN day holding period which is different from the specified minimum holding period TM, the HM will be calculated using the square root of time formula:

                2

                where:

                 
                TN=Holding period used by the bank for deriving HN; and
                HN=Haircut based on the holding period TN
                 

                For example, the 10-business day haircuts provided in the table under Paragraph 101 shall be the basis and this haircut shall be scaled up or down depending on the type of transaction and the frequency of re-margining or revaluation using the formula below:

                3

                where:

                 
                H=Haircut;
                H10=10-business day standard supervisory haircut for instrument;
                NR=Actual number of business days between re-margining for capital market transactions or revaluation for secured transactions; and
                TM=Minimum holding period for the type of transaction.
                 

                Conditions for zero Haircut on repo-style transactions with a core market participant

                108.For repo-style transactions where the following conditions are satisfied, and the counterparty is a Core Market Participant (see definition in the next paragraph), banks may choose not to apply the haircuts specified in the Comprehensive Approach and may instead apply a haircut of zero. However, counterparties specified in 109 (iii), (iv), (v) and (vi) require prior approval from the Central Bank.

                1. (i)Both the exposure and the collateral are cash or a sovereign security or PSE security qualifying for a 0% risk weight in the standardised approach;
                2. (ii)Both the exposure and the collateral are denominated in the same currency;
                3. (iii)Either the transaction is overnight or both the exposure and the collateral are marked-to-market daily and are subject to daily re-margining;
                4. (iv)Following a counterparty’s failure to re-margin, the time that is required between the last mark-to-market before the failure to re-margin and the liquidation of the collateral is considered to be no more than four (4) business days. It is noted this does not require the bank to always liquidate the collateral but rather to have the capability to do so within the given time frame;
                5. (v)The transaction is settled across a settlement system proven for that type of transaction;
                6. (vi)The documentation covering the agreement is standard market documentation for repo-style transactions in the securities concerned;
                7. (vii)The transaction is governed by documentation specifying that if the counterparty fails to satisfy an obligation to deliver cash or securities or to deliver margin or otherwise defaults, then the transaction is immediately terminable; and
                8. (viii)Upon any default event, regardless of whether the counterparty is insolvent or bankrupt, the bank has the unfettered, legally enforceable right to immediately seize and liquidate the collateral for its benefit.

                109.Core Market Participants are the following entities:

                1. (i)Sovereigns, central banks and Non-commercial PSEs;
                2. (ii)Banks and securities firms;
                3. (iii)Other financial companies (including insurance companies) eligible for a 20% risk weight in the standardised approach;
                4. (iv)Regulated mutual funds that are subject to capital or leverage requirements;
                5. (v)Regulated pension funds; and
                6. (vi)Recognised clearing organisations.

                Treatment of repo-style transactions covered under master netting agreements

                110.The effects of bilateral netting agreements covering repo-style transactions will be recognised on a counterparty-by-counterparty basis if the agreements are legally enforceable in each relevant jurisdiction upon the occurrence of an event of default and regardless of whether the counterparty is insolvent or bankrupt. In addition, netting agreements must:

                1. (i)Provide the non-defaulting party the right to terminate and close-out in a timely manner all transactions under the agreement upon an event of default, including in the event of insolvency or bankruptcy of the counterparty; and
                2. (ii)Provide for the netting of gains and losses on transactions (including the value of any collateral) terminated and closed out under it so that a single net amount is owed by one party to the other; and
                3. (iii)Allow for the prompt liquidation or setoff of collateral upon the event of default; and
                4. (iv)Be, together with the rights arising from the provisions required in (i) to (iii) above, legally enforceable in each relevant jurisdiction upon the occurrence of an event of default and regardless of the counterparty's insolvency or bankruptcy.

                111.Netting across positions in the banking and trading book will only be recognized when the netted transactions fulfil both of the following two conditions:

                1. (i)All transactions are marked to market daily. It is noted that the holding period for the haircuts will depend as in other repo-style transactions on the frequency of margining; and
                2. (ii)The collateral instruments used in the transactions are recognised as eligible financial collateral in the banking book.

                112.The formula in paragraphs 97 will be adapted to calculate the capital requirements for transactions with netting agreements.

                113.For banks using the standard supervisory haircuts, the framework below will apply to take into account the impact of master netting agreements.

                E=max{0,[(Σ(E)Σ(C))+Σ(Es×Hs)+Σ(Efx×Hfx)]}

                where:

                 
                E*=The exposure value after risk mitigation;
                E=Current value of the exposure;
                C=The value of the collateral received;
                Es=Absolute value of the net position in a given security;
                Hs=Haircut appropriate to Es;
                Efx=Absolute value of the net position in a currency different from the settlement currency; and
                Hfx=Haircut appropriate for currency mismatch.
                 

                114.The intention here is to obtain a net exposure amount after netting of the exposures and collateral and have an add-on amount reflecting possible price changes for the securities involved in the transactions and for foreign exchange risk if any. The net long or short position of each security included in the netting agreement will be multiplied by the appropriate haircut. All other rules regarding the calculation of haircuts stated in paragraphs under the comprehensive approach equivalently apply for banks using bilateral netting agreements for repo-style transactions.

                c) The Simple Approach

                Minimum conditions

                115.For collateral to be recognised in the simple approach the collateral must be pledged for at least the life of the exposure and it must be marked to market and revalued with a minimum frequency of six months. Those portions of claims collateralised by the market value of recognised collateral receive the risk weight applicable to the collateral instrument. The risk weight on the collateralised portion will be subject to a floor of 20% except under the conditions specified in paragraphs 116 to 118. The remainder of the claim must be assigned to the risk weight appropriate to the counterparty. A capital requirement will be applied to banks on either side of the collateralised transaction: for example, both repos and reverse repos will be subject to capital requirements.

                 

                Exceptions to the risk weight floor

                 

                116.Transactions that fulfil the criteria outlined in paragraph 108 and are with a core market participant, as defined in paragraph 109; receive a risk weight of 0%. If the counterparty to the transactions is not a core market participant, the transaction must receive a risk weight of 10%.

                117.OTC derivative transactions subject to daily mark-to-market, collateralised by cash and where there is no currency mismatch must receive a 0% risk weight. Such transactions collateralised by sovereign can receive a 10% risk weight.

                118.The 20% floor for the risk weight on a collateralised transaction will not be applied and a 0% risk weight can be applied where the exposure and the collateral are denominated in the same currency, and either:

                1. (i)The collateral is cash on deposit as defined in item (i), namely Cash, in paragraph 95; or
                2. (ii)The collateral is in the form of sovereign and its market value has been discounted by 20%.

                d) Collateralised OTC derivatives transactions

                119.Under the SA-CCR Standard, the calculation of risk weighted assets for counterparty credit risk depends on replacement cost and an add-on for potential future exposure, and takes into account collateral in the manner specified in that Standard. The haircut for currency risk (Hfx) must be applied when there is a mismatch between the collateral currency and the settlement currency. Even in the case where there are more than two currencies involved in the exposure, collateral and settlement currency, a single haircut assuming a 10- business day holding period scaled up as necessary depending on the frequency of mark- to-market will be applied.

              • D. On-Balance Sheet Netting

                120.A bank may use the net exposure of loans and deposits as the basis for its capital adequacy calculation in accordance with the formula in Paragraph 97, where the bank:

                1. (i)Has a well-founded legal basis for concluding that the netting or offsetting agreement is enforceable in each relevant jurisdiction regardless of whether the counterparty is insolvent or bankrupt;
                2. (ii)Is able at any time to determine those assets and liabilities with the same counterparty that are subject to the netting agreement;
                3. (iii)Monitors and controls its roll-off risks; and
                4. (iv)Monitors and controls the relevant exposures on a net basis.

                121.Assets (loans) are treated as exposure and liabilities (deposits) as collateral. The haircuts will be zero except when a currency mismatch exists. A 10-business day holding period will apply when daily mark-to-market is conducted and all the requirements stipulated under paragraphs 101, 107, and 137 to 140 will apply.

              • E. Guarantees and Credit Derivatives

                a) Operational requirements

                Operational requirements common to guarantees and credit derivatives

                122.A guarantee (counter-guarantee) or credit derivative must represent a direct claim on the protection provider and must be explicitly referenced to specific exposures or a pool of exposures, so that the extent of the cover is clearly defined and incontrovertible. Other than non-payment by a protection purchaser of money due in respect of the credit protection contract it must be irrevocable; there must be no clause in the contract that would allow the protection provider unilaterally to cancel the credit cover or that would increase the effective cost of cover as a result of deteriorating credit quality in the hedged exposure (Note that the irrevocability condition does not require that the credit protection and the exposure be maturity matched; rather that the maturity agreed ex ante may not be reduced ex post by the protection provider. Paragraph 138 sets forth the treatment of call options in determining remaining maturity for credit protection). It must also be unconditional; there must be no clause in the protection contract outside the direct control of the bank that could prevent the protection provider from being obliged to pay out in a timely manner in the event that the original counterparty fails to make the payment(s) due.

                Additional operational requirements for guarantees

                123.In addition to the legal certainty requirements described in paragraph 59, in order for a guarantee to be recognised, the following conditions must be satisfied:

                1. (i)On the qualifying default/non-payment of the counterparty, the bank may pursue the guarantor for any monies outstanding under the documentation governing the transaction within a reasonable time period. The guarantor may make one lump sum payment of all monies under such documentation to the bank, or the guarantor may assume the future payment obligations of the counterparty covered by the guarantee. The bank must have the right to receive any such payments from the guarantor without first having to take legal actions in order to pursue the counterparty for payment;
                2. (ii)The guarantee is an explicitly documented obligation assumed by the guarantor; and
                3. (iii)Except as noted in the following sentence, the guarantee covers all types of payments the underlying obligor is expected to make under the documentation governing the transaction, for example notional amount, margin payments etc. Where a guarantee covers payment of principal only, interests and other uncovered payments must be treated as an unsecured amount in accordance with paragraph 136.

                Additional operational requirements for credit derivatives

                124.In order for a credit derivative contract to be recognised, the following conditions must be satisfied:

                1. (i)The credit events specified by the contracting parties must at a minimum cover:
                  • Failure to pay the amounts due under terms of the underlying obligation that are in effect at the time of such failure (with a grace period that is closely in line with the grace period in the underlying obligation);
                  • Bankruptcy, insolvency or inability of the obligor to pay its debts, or its failure or admission in writing of its inability generally to pay its debts as they become due, and analogous events; and
                  • Restructuring of the underlying obligation involving forgiveness or postponement of principal, interest or fees that results in a credit loss event (i.e., charge-off, specific provision or other similar debit to the profit and loss account). When restructuring is not specified as a credit event, refer to the next paragraph;
                2. (ii)If the credit derivative covers obligations that do not include the underlying obligation, item (vii) below governs whether the asset mismatch is permissible;
                3. (iii)The credit derivative shall not terminate prior to expiration of any grace period required for a default on the underlying obligation to occur as a result of a failure to pay, subject to the provisions of paragraph 137;
                4. (iv)Credit derivatives allowing for cash settlement are recognised for capital purposes insofar as a robust valuation process is in place in order to estimate loss reliably. There must be a clearly specified period for obtaining post-credit event valuations of the underlying obligation. If the reference obligation specified in the credit derivative for purposes of cash settlement is different than the underlying obligation, item (vii) below governs whether the asset mismatch is permissible;
                5. (v)If the protection purchaser’s right/ability to transfer the underlying obligation to the protection provider is required for settlement, the terms of the underlying obligation must provide that any required consent to such transfer may not be unreasonably withheld;
                6. (vi)The identity of the parties responsible for determining whether a credit event has occurred must be clearly defined. This determination must not be the sole responsibility of the protection seller. The protection buyer must have the right/ability to inform the protection provider of the occurrence of a credit event;
                7. (vii)A mismatch between the underlying obligation and the reference obligation under the credit derivative (i.e. the obligation used for purposes of determining cash settlement value or the deliverable obligation) is permissible if (i) the reference obligation ranks pari passu with or is junior to the underlying obligation, and (ii) the underlying obligation and reference obligation share the same obligor (i.e., the same legal entity) and legally enforceable cross-default or cross-acceleration clauses are in place; and
                8. (viii)A mismatch between the underlying obligation and the obligation used for purposes of determining whether a credit event has occurred is permissible if (i) the latter obligation ranks pari passu with or is junior to the underlying obligation, and (ii) the underlying obligation and reference obligation share the same obligor (i.e., the same legal entity) and legally enforceable cross-default or cross-acceleration clauses are in place.

                125.When the restructuring of the underlying obligation is not covered by the credit derivative, but the other requirements in the previous paragraph are met, partial recognition of the credit derivative will be allowed. If the amount of the credit derivative is less than or equal to the amount of the underlying obligation, 60% of the amount of the hedge can be recognized as covered. If the amount of the credit derivative is larger than that of the underlying obligation, then the amount of eligible hedge is capped at 60% of the amount of the underlying obligation.

                126.Only credit default swaps and total return swaps that provide credit protection equivalent to guarantees will be eligible for recognition. The exception stated in paragraph 127 below applies.

                127.Where a bank buys credit protection through a total return swap and records the net payments received on the swap as net income, but does not record offsetting deterioration in the value of the asset that is protected (either through reductions in fair value or by an addition to reserves), the credit protection will not be recognised. The treatment of first-to-default and second-to-default products is covered separately in paragraphs 142 to 145.

                128.Other types of credit derivatives will not be eligible for recognition at this time. Note that cash funded credit linked notes issued by the bank against exposures in the banking book which fulfil the criteria for credit derivatives will be treated as cash collateralised transactions.

                b) Range of eligible guarantors (counter-guarantors)/protection providers

                129.Credit protection given by the following entities will be recognised:

                1. (i)Sovereign entities (including the Bank for International Settlements, the International Monetary Fund, the European Central Bank and the European Community, as well as those MDBs eligible for 0% risk weight listed in paragraph 14), PSEs, banks (including other MDBs) and Securities Firms with a lower risk weight than the counterparty;
                2. (ii)Other entities rated A- or better by an eligible credit assessment institution. This would include credit protection provided by parent, subsidiary and affiliate companies when they have a lower risk weight than the obligor.

                c) Risk weights

                130.The protected portion is assigned the risk weight of the protection provider. The uncovered portion of the exposure is assigned the risk weight of the underlying counterparty.

                131.Materiality thresholds on payments below which no payment is made in the event of loss are equivalent to retained first loss positions and must be deducted in full from the capital of the bank purchasing the credit protection.

                Proportional cover

                132.Where the amount guaranteed, or against which credit protection is held, is less than the amount of the exposure, and the secured and unsecured portions are of equal seniority, i.e., the bank and the guarantor share losses on a pro-rata basis capital relief will be afforded on a proportional basis: i.e., the protected portion of the exposure will receive the treatment applicable to eligible guarantees/credit derivatives, with the remainder treated as unsecured.

                Tranched cover

                133.Where the bank transfers a portion of the risk of an exposure in one or more tranches to a protection seller or sellers and retains some level of risk of the loan and the risk transferred and the risk retained are of different seniority, banks may obtain credit protection for either the senior tranches (e.g., second loss portion) or the junior tranche (e.g., first loss portion). In this case, the rules as set out in the Securitisation chapter below will apply.

                d) Currency mismatches

                134.Where the credit protection is denominated in a currency different from that in which the exposure is denominated — i.e., there is a currency mismatch — the amount of the exposure deemed to be protected will be reduced by the application of a haircut HFX, i.e.

                GA=G×(1HFX)

                where:

                 
                G=Nominal amount of the credit protection;
                HFX=Haircut appropriate for currency mismatch between the credit protection and underlying obligation.

                 

                135.The appropriate haircut based on a 10-business day holding period (assuming daily marking-to-market) will be applied. Banks using the supervisory haircuts shall apply 8%. The haircut value of 8% must be scaled up using the square root of time formula, depending on the frequency of revaluation of the credit protection as described in paragraphs 106.

                e) Sovereign guarantees and counter-guarantees

                136.Portions of claims guaranteed by the UAE sovereign, where the guarantee is denominated in AED and the exposure is funded in AED are risk weighted at 0%. A claim may be covered by a guarantee that is indirectly counter-guaranteed by a sovereign. Such a claim may be treated as covered by a sovereign guarantee provided that:

                1. (i)The sovereign counter-guarantee covers all credit risk elements of the claim;
                2. (ii)Both the original guarantee and the counter-guarantee meet all operational requirements for guarantees, except that the counter-guarantee need not be direct and explicit to the original claim; and
                3. (iii)The Central Bank is satisfied that the cover is robust and that no historical evidence suggests that the coverage of the counter-guarantee is less than effectively equivalent to that of a direct sovereign guarantee.
              • F. Maturity Mismatches

                137.For the purposes of calculating risk-weighted assets, a maturity mismatch occurs when the residual maturity of a hedge is less than that of the underlying exposure.

                a) Definition of maturity

                138.The maturity of the underlying exposure and the maturity of the hedge must both be defined conservatively. The effective maturity of the underlying must be gauged as the longest possible remaining time before the counterparty is scheduled to fulfil its obligation, taking into account any applicable grace period. For the hedge, embedded options which may reduce the term of the hedge must be taken into account so that the shortest possible effective maturity is used. Where a call is at the discretion of the protection seller, the maturity will always be at the first call date. If the call is at the discretion of the protection buying bank but the terms of the arrangement at origination of the hedge contain a positive incentive for the bank to call the transaction before contractual maturity, the remaining time to the first call date will be deemed to be the effective maturity (For example, where there is a step-up in cost in conjunction with a call feature or where the effective cost of cover increases over time even if credit quality remains the same or increases, the effective maturity will be the remaining time to the first call).

                b) Risk weights for maturity mismatches

                139.As outlined in paragraph 95, hedges with maturity mismatches are only recognized when their original maturities are greater than or equal to one year. As a result, the maturity of hedges for exposures with original maturities of less than one year must be matched to be recognised. In all cases, hedges with maturity mismatches will no longer be recognised when they have a residual maturity of three months or less.

                140.When there is a maturity mismatch with recognised credit risk mitigants (collateral, on-balance sheet netting, guarantees and credit derivatives) the following adjustment will be applied.

                Pa=P×(t0.25)/(T0.25)

                where:

                Pa=Value of the credit protection adjusted for maturity mismatch;
                P=Credit protection (e.g., collateral amount, guarantee amount) adjusted for any haircuts;
                t=min (T, residual maturity of the credit protection arrangement) expressed in years; and
                T=min (5, residual maturity of the exposure) expressed in years.
                 
              • G. Other Items Related to the Treatment of CRM Techniques

                a) Treatment of pools of CRM techniques

                141.In the case where a bank has multiple CRM techniques covering a single exposure (e.g. a bank has both collateral and guarantee partially covering an exposure), the bank will be required to subdivide the exposure into portions covered by each type of CRM technique (e.g. portion covered by collateral, portion covered by guarantee) and the risk-weighted assets of each portion must be calculated separately. When credit protection provided by a single protection provider has differing maturities, they must be subdivided into separate protection as well.

                b) First-to-default credit derivatives

                142.There are cases where a bank obtains credit protection for a basket of reference names and where the first default among the reference names triggers the credit protection and the credit event also terminates the contract. In this case, the bank may recognize regulatory capital relief for the asset within the basket with the lowest risk-weighted amount, but only if the notional amount is less than or equal to the notional amount of the credit derivative.

                143.With regard to the bank providing credit protection through such an instrument, if the product has an external credit assessment from an eligible credit assessment institution, the risk weight applied to securitisation tranches will be specified in the Securitisation Standard. If the product is not rated by an eligible external credit assessment institution, the risk weights of the assets included in the basket will be aggregated up to a maximum of 1250% and multiplied by the nominal amount of the protection provided by the credit derivative to obtain the risk-weighted asset amount.

                c) Second-to-default credit derivatives

                144.In the case where the second default among the assets within the basket triggers the credit protection, the bank obtaining credit protection through such a product will only be able to recognise any capital relief if first-default-protection has also been obtained or when one of the assets within the basket has already defaulted.

                145.For banks providing credit protection through such a product, the capital treatment is the same as in paragraph 143, with one exception. The exception is that, in aggregating the risk weights, the asset with the lowest risk weighted amount can be excluded from the calculation.

            • V. Review Requirements

              146.Bank calculations under this Standard and associated bank processes must be subject to appropriate levels of independent review and challenge. Reviews must cover material aspects of the calculations under this Standard, including but not limited to the measurement of on-balance-sheet and off-balance-sheet exposures, the use of credit conversion factors, the application of CRM, and the accuracy for all components of the credit risk capital calculation reported to the Central Bank as part of regulatory reporting.

            • VI. Shari’ah Implementation

              Banks providing Islamic financial services must comply with the requirements and provisions of this Standard for their Shari’ah compliant transactions that are alternative to transactions referred to in this Standard, provided it is acceptable by Islamic Shari’ah. This is applicable until relevant Standards and/or guidelines are issued specifically for the transactions of banks offering Islamic financial services.

               

          • V. Counterparty Credit Risk

            • I. Introduction and Scope

              1.This Standard articulates specific requirements for the calculation of risk-weighted assets (RWA) to recognize exposure amounts for Counterparty Credit Risk (CCR) for banks in the UAE. It replaces any and all previous approaches to assessment of counterparty credit risk for purposes of regulatory capital calculations. The Standard is based closely on requirements of the framework for capital adequacy developed by the Basel Committee on Banking Supervision, specifically the Standardized Approach for CCR as articulated in The standardized approach for measuring counterparty credit risk exposures, March 2014 (rev. April 2014), and subsequent clarifications thereto by the Basel Committee.

              2.This Standard applies to all derivatives transactions, whether exchange-traded or over-the-counter, and also applies to long-settlement transactions (the “in-scope” transactions). In this Standard, references to “derivatives” should be understood to apply to all in-scope transactions.

              3.This Standard formulates capital adequacy requirements that needs to be applied to all banks in UAE on a consolidated basis.

              4.The Standards follow the calibration developed by the Basel Committee, which includes a maximum risk weight of 1250%, calibrated on a total capital adequacy requirement of 8%. The UAE instituted a higher minimum capital requirement of 10.5% (excluding capital buffers), applicable to all licensed banks. Consequently, the maximum capital charge for a single exposure will be the lesser of the value of the exposure after applying valid credit risk mitigation, netting and haircuts, and the capital resulting from applying a risk weight of 952% (reciprocal of 10.5%) to this exposure.

            • II. Definitions

              In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, for this Standard, the following terms have the meanings defined in this section.

              • A basis transaction is a non-foreign-exchange (that is, denominated in a single currency) transaction in which the cash flows due to one counterparty depend on a risk factor that differs from the risk factor (from the same asset class) that determines payments due to the other counterparty.
              • A central counterparty (CCP) is an entity that interposes itself between counterparties to contracts traded within one or more financial markets, becoming the legal counterparty such that it is the buyer to every seller and the seller to every buyer.
              • A centrally cleared derivative transaction is a derivatives transaction that is cleared though a central counterparty.
              • A clearing member is an entity that conducts transactions through a central counterparty as a member of that central counterparty.
              • A commodity type is a set of commodities that have broadly similar risk drivers, such that the prices or volatilities of commodities of the same commodity type may reasonably be expected to move with similar direction and timing and to bear predictable relationships to one another.
              • Counterparty credit risk is the risk of loss due to a failure by a counterparty to an in-scope transaction to deliver to the bank according to contractual terms at settlement.
              • A hedging set is a set of transactions within a single netting set exposed to similar risk factors, and for which partial or full offsetting may be recognized in the calculation of the potential future exposure add-on.
              • The independent collateral amount (ICA) is collateral posted by a counterparty that the bank may seize upon default of the counterparty. ICA may be defined by the Independent Amount parameter in standard industry documentation. ICA may change in response to factors such as the value of the collateral or a change in the number of transactions in the netting set, but (unlike variation margin) not in response to the value of the transactions it secures.
              • A long settlement transaction is one in which a counterparty undertakes to deliver a security, commodity, or foreign exchange amount against cash, other financial instruments, or commodities at a contractually specified settlement or delivery date that exceeds the market standards for settlement or delivery of the particular instrument, or if that settlement date is more than five business days from the date the transaction is initiated.
              • The margin period of risk for a derivatives contract is the length of time from the last exchange of collateral covering a netting set until transactions with a defaulting counterparty can be closed out and the resulting risk re-hedged.
              • Margined transactions are those in which variation margin is exchanged between counterparties; other transactions are un-margined.
              • Net Current Value (NCV) for a netting set is the total current market value of all transactions (which may be negative) minus the net value of any collateral held by a bank, after application of any collateral haircuts.
              • The net independent collateral amount (NICA) is the difference between the ICA posted by a counterparty and any ICA posted by the bank for that counterparty, excluding any collateral that the bank has posted to a segregated, bankruptcy remote account.
              • Netting by novation refers to a netting arrangement in which any obligation between two counterparties to deliver a given currency on a given value date is automatically combined with all other obligations for the same currency and value date, legally substituting one single amount for the previous gross obligations.
              • A netting set is a group of contracts with a single counterparty subject to a legally enforceable agreement for net settlement, and satisfying all of the conditions for netting sets specified in this Standard.
              • Potential Future Exposure (PFE) is an estimate of the potential increase in exposure to counterparty credit risk against which regulatory capital must be held.
              • A Qualifying Central Counterparty (QCCP) is a CCP that meets certain qualification requirements articulated in this Standard.
              • The remaining maturity of a derivative transaction is the time remaining until the latest date at which the contract may still be active. If a derivative contract has another derivative contract as its underlying (for example, a swaption) and may be physically exercised into the underlying contract (that is, a bank would assume a position in the underlying contract in the event of exercise), then the remaining maturity of the contract is the time until the final settlement date of the underlying derivative contract. For a derivative contract that is structured such that any outstanding exposure is settled on specified dates and the terms are reset so that the fair value of the contract is zero, the remaining maturity equals the time until the next reset date.
              • Variation margin (VM) means margin in the form of cash or financial assets exchanged on a periodic basis between counterparties to recognize changes in contract value due to changes in market factors.
              • A volatility transaction is one in which the settlement amount of the contract depends on the level of volatility of a risk factor.
              • A bank’s position in a particular trade or transaction is long or long in the primary risk factor if the market value of the transaction increases when the value of the primary risk factor increases; alternatively, the position is short or short in the primary risk factor if the market value of the transaction decreases when the value of the primary risk factor increases.
            • III. Requirements for Counterparty Credit Risk (CCR)

              • Netting Sets

                5.Banks must calculate RWA for CCR at the level of nettings sets for derivatives. Accordingly, a bank must group all exposures for each counterparty into one or more netting sets. In every such case where netting is applied, a bank must satisfy the Central Bank that it has:

                • A contract with the counterparty or other agreement that creates a single legal obligation, covering all included transactions, such that the bank would have either a claim to receive or obligation to pay only the net sum of the positive and negative mark-to-market values of included individual transactions in the event a counterparty fails to perform due to default, bankruptcy, liquidation, or similar circumstances.
                • Written and reasoned legal reviews that in the event of a legal challenge, the relevant courts and administrative authorities would find the bank’s exposure to be such a net amount under:
                  • The law of the jurisdiction in which the counterparty is chartered and, if the foreign branch of a counterparty is involved, then also under the law of the jurisdiction in which the branch is located;
                  • The law that governs the individual transactions; and
                  • The law that governs any contract or agreement necessary to affect the netting.
                • Procedures in place to ensure that the legal characteristics of netting arrangements are kept under review in light of the possible changes in relevant law.

                6.The Central Bank, after consultation when necessary with other relevant supervisors, must be satisfied that the netting is enforceable under the laws of each of the relevant jurisdictions.

              • Exposure at Default and Risk-Weighted Assets

                7.A bank must calculate RWA for CCR by (i) calculating the Exposure At Default (EAD) for each netting set associated with a counterparty, (ii) summing EAD across netting sets for that counterparty, (iii) calculating risk-weighted EAD by multiplying the total EAD for a counterparty by the risk-weight corresponding to the exposure class to which that counterparty belongs under general risk-based capital requirements, (iv) summing the resulting risk-weighted EAD across all counterparties within a given exposure class and (v) summing across exposure classes.

                8.Banks must calculate EAD separately for each netting set, as the sum of the Replacement Cost (RC) of the netting set plus the calculated Potential Future Exposure (PFE) for the netting set, with the sum of the two multiplied by a factor of 1.4:

                EAD=(RC+PFE)×1.4
                 

                9.Margined and un-margined netting sets require different calculation methods for RC and PFE. The EAD for a margined netting set is capped at the EAD of the same netting set calculated on an un-margined basis. That is, for a netting set covered by a margin agreement, the bank may calculate EAD as if the netting set is un-margined, and may use that value as the EAD if it is lower than the EAD calculation considering margin.

                10.The time-period for the haircut applicable to non-cash collateral for the RC calculation should be one year for un-margined trades, and the relevant margin period of risk for margined trades.

              • Replacement Cost

                11.Banks must calculate replacement cost at the netting set level. Calculations for margined and un-margined transactions differ.

                12.Banks first must calculate the total current market value of the derivative contracts in the netting set. Banks may net transactions within a netting set that are subject to any legally valid form of bilateral netting, including netting by novation. Banks must then subtract from that total current market value the net value of collateral (after application of collateral haircuts) held by the bank for the netting set. The result is the Net Current Value (NCV) of the transactions in the netting set.

                13.For un-margined transactions, RC for a netting set is equal to the NCV, provided the NCV is greater than zero. If that value is not greater than zero, RC equals zero.

                14.For margined transactions, RC depends on the greatest exposure that would not trigger a call for variation margin, taking into account the mechanics of collateral exchanges in the margining agreements. That critical exposure level is equal to the threshold level of variation that would require a transfer of collateral, plus the minimum transfer amount of the collateral. The bank should subtract from that exposure amount the NICA, if any, to calculate the RC for margined transactions. However, the resulting RC may be no less than the RC if the netting set were un-margined. That is, for a margined netting set the RC is equal to the larger of the amount calculated according to this paragraph, or the RC for the same netting set if un-margined.

                15.Bilateral transactions with a one-way margining agreement in favor of the bank’s counterparty (that is, where the bank posts margin but the counterparty does not) must be treated as un-margined transactions.

                16.If multiple margin agreements apply to a single netting set, the bank must divide the netting set into sub-netting sets that align with each respective margin agreement, and calculate RC for each sub-netting set separately.

              • Potential Future Exposure

                17.Calculation of PFE relies on computation of various “add-on” amounts, which are intermediate measures of exposure that are combined in various ways to compute PFE. The bank must calculate PFE for each netting set as a simple summation of the add-ons computed for each of the various asset classes within that netting set, multiplied by a multiplier that allows for recognition of excess collateral or negative mark-to-market value for the transactions. Requirements for calculation of the multiplier and the add-ons for each asset class are described below in this Standard.

                18.The bank must allocate all derivatives transactions to one or more of the following asset classes based on the primary risk driver of the transaction:

                • Interest Rate Derivatives
                • Foreign Exchange Derivatives
                • Credit Derivatives
                • Equity Derivatives
                • Commodity Derivatives

                19.As described in more detail below in this Standard, trades within each of these asset classes are further divided into hedging sets, and an aggregation method is applied to aggregate trade-level inputs at the hedging set level and finally at the asset class level. For derivative transactions within the credit, equity, and commodity asset classes, this aggregation involves a supervisory correlation parameter to capture important aspects of basis risk and diversification.
                 

                20.For trades that may have more than one risk driver (e.g. multi-asset or hybrid derivatives), banks must apply an analysis based on risk-driver sensitivities and volatility of the underlying reference price or rate to determine the existence of a dominant risk driver, and make the asset class allocation accordingly. When a derivative is materially exposed to risk drivers spanning more than one asset class, a bank must assign the position to each relevant asset class rather than to a single asset class, with appropriate delta adjustment. The Central Bank may direct banks to assign complex derivatives to multiple asset classes, regardless of analysis that the bank may or may not have conducted.

                21.As is the case with Replacement Cost, if multiple margin agreements apply to a single netting set, the bank must divide the netting set into sub-netting sets that align with each respective margin agreement, and calculate the PFE for each sub-netting set separately.

              • Adjusted Notional Amount

                22.Banks must calculate adjusted notional amounts from trade-level notional amounts for each transaction as described in this Standard.

                23.For foreign exchange derivatives, the adjusted notional is defined as the notional of the foreign currency leg of the contract, converted to the domestic currency. If both legs of a foreign exchange derivative are denominated in currencies other than the domestic currency, the notional amount of each leg should be converted to the domestic currency, and the adjusted notional amount is equal to the value of the leg with the larger domestic currency value.

                24.For equity and commodity derivatives, the adjusted notional is equal to the product of the current price of one unit of the stock or commodity and the number of units referenced by the trade. For equity and commodity volatility transactions, adjusted notional is equal to the product of the underlying volatility and the notional value of the transaction.

                25.For interest rate derivatives and credit derivatives, the trade-level adjusted notional in units of domestic currency must be multiplied by a supervisory duration (SD) measure as follows:

                1. a)First, the bank must determine the start date of the time period referenced by the interest rate or credit contract, and time that remains until that start date, measured in years; this is “S.” If the derivative references the value of another interest rate or credit instrument (as with a swaption or bond option), the time period is that of the underlying instrument. If the time-period referenced by the derivative has already started, the bank must set S to zero.
                2. b)Next, the bank must determine the end date of the time period referenced by the interest rate or credit contract, and the time remaining until that end date, measured in years; this is “E.” If the derivative references the value of another interest rate or credit instrument (as with a swaption or bond option), the time period is that of the underlying instrument.
                3. c)The bank then must compute SD for the transaction using the following formula, with the identified values of S and E based on the terms of the contract (where “exp” denotes the exponential function):

                  1
                   

                4. d)Finally, the bank calculates the adjusted notional amount for the transaction by multiplying the trade notional amount by the supervisory duration SD.

                26.Banks also must apply the following rules when determining trade notional amounts, for transaction covered by the cases noted below:

                1. a)For transactions with payoffs that are state contingent such as digital options or target redemption forwards, a bank must calculate the trade notional amount for each state, and use the largest resulting calculation.
                2. b)If the notional is based on a formula that depends on market values, the bank must enter the current market values to determine the trade notional amount to be used in computing adjusted notional amount.
                3. c)For variable notional swaps such as amortizing and accreting swaps, banks must use the average notional over the remaining life of the swap as the trade notional amount.
                4. d)For leveraged swaps in which rates are multiplied by a factor, the bank must multiply the stated notional by the same factor to determine the trade notional amount.
                5. e)For a derivative contract with multiple exchanges of principle, the bank must multiply the notional by the number of exchanges of principle in the derivative contract to determine the trade notional amount.
              • Supervisory Delta Adjustment and Effective Notional Amount

                27.Banks must determine a supervisory delta adjustment for each transaction for use in calculations of effective notional amounts. Banks must apply supervisory delta adjustments at the trade level that reflect the direction of the transaction - that is, whether the position is long or short in the primary risk driver - and on whether the transaction is an option, CDO tranche, or neither. Supervisory delta adjustments are provided in Table 1.

                Table 1: Supervisory Delta Adjustments

                Type of Derivative TransactionSupervisory Delta Adjustment
                Purchased Call OptionF
                Purchased Put OptionF-1
                Sold Call Option-F
                Sold Put Option1-F
                Purchased CDO Tranche (Long Protection)G
                Sold CDO Tranche (Short Protection)-G
                Any Other Derivative Type, Long in the Primary Risk Factor+1
                Any Other Derivative Type, Short in the Primary Risk Factor-1

                 

                Definitions for Table 1


                For options:
                 

                1

                In this expression, P is the current forward value of the underlying price or rate, K is the exercise or strike price of the option, T is the time to the latest contractual exercise date of the option, a is the appropriate supervisory volatility from Table 2, and 0 is the standard normal cumulative density function. A supervisory volatility of 50% should be used on swaptions for all currencies.


                For CDO tranches:

                2

                In this expression, A is the attachment point of the CDO tranche and D is the detachment point of the CDO tranche.


              • Maturity Factor

                28.Banks must determine a maturity factor (MF) for each transaction for use in calculations of effective notional amounts, with the specific calculation method for MF depending on whether the derivative transaction is margined or un-margined.

                29.For un-margined transactions, the maturity factor must be set equal to 1.0, unless the remaining maturity of the derivative transaction is less than one year. If the remaining maturity is less than one year, the maturity factor for an un-margined transaction is computed as the square root of the remaining maturity expressed in years, on a business-day-count basis, as follows:

                1

                 

                30.If an un-margined transaction has a remaining maturity of 10 business days or less, the bank must set the maturity factor equal to the square root of (10/250).

                31.For margined transactions, the maturity factor MF must be based on the margin period of risk (MPOR) appropriate for the margining agreement containing the transaction, measured in days, and computed as follows:

                2

                 

                32.The bank must determine MPOR based on the terms of the margined transaction, subject to the following minimums:

                1. a)At least ten business days for non-centrally-cleared derivative transactions subject to daily margin agreements.
                2. b)At least five business days for centrally cleared derivative transactions subject to daily margin agreements that clearing members have with their clients.
                3. c)At least twenty business days for netting sets consisting of 5000 or more transactions that are not centrally cleared.

                33.The bank must double the MPOR for netting sets that have experienced more than two margin call disputes over the previous two calendar quarters if those disputes were not resolved within a period corresponding to the MPOR that would otherwise be applicable.

                Allocation of Transactions to Hedging Sets

                34.Banks must allocate every transaction within each netting set to a hedging set according to the following rules for each asset class:

                1. a)Interest Rate Derivatives: A hedging set must be created for each set of interest rate derivatives that reference interest rates of the same currency. Interest rate derivative hedging sets are further subdivided into maturity categories, as described below. In interest rate hedging sets, full offset is recognized between long and short positions within one maturity category, and partial offset across maturity categories. Note that the number of interest rate hedging sets may differ between different netting sets, depending on the number of distinct currencies.
                2. b)Foreign Exchange Derivatives: A hedging set consists of derivatives that reference the same currency pair. Full offset is recognized between long and short positions in any currency pair. Note that the number of foreign exchange hedging sets may vary between different netting sets.
                3. c)Credit Derivatives: All credit derivatives should be allocated to a single hedging set. Full offset is recognized between long and short positions referencing the same entity (name or index) within the hedging set.
                4. d)Equity Derivatives: All equity derivatives should be allocated to a single hedging set. Full offset is recognized between long and short positions referencing the same entity (name or index) within the hedging set.
                5. e)Commodity Derivatives: In the commodity asset class, separate hedging sets are used for energy, metals, agriculture, and other commodities. Full offset of long and short positions is recognized between derivatives referencing the same commodity type, while PFE add-on calculations provide partial offset between different commodity types within the same commodity hedging set.

                35.Basis transactions and volatility transactions must form separate hedging sets within their respective asset classes.

                1. a)All basis transactions in a netting set that belong to the same asset class and reference the same pair of risk factors form a single hedging set, and follow the hedging set aggregation rules for the relevant asset class. The bank must treat each pair of risk factors as a separate hedging set.
                2. b)The bank must place all volatility transactions in a netting set into a distinct hedging set within the corresponding asset class, according to the rules of that asset class. For example, all equity volatility transactions within a netting set form a single volatility hedging set within that netting set.

                Add-on for Interest Rate Derivatives

                36.For interest rate derivatives, banks must assign each contract to one of three maturity categories based on the remaining life of the contract:
                 

                • Maturity Category 1: Less than one year
                • Maturity Category 2: From one year to five years
                • Maturity Category 3: Greater than five years

                37.The bank must then calculate the effective notional amount for each interest rate derivative hedging set (that is, for the set of interest rate derivatives in any single currency) by summing across transactions within a maturity category the product of the adjusted notional amount of the transaction, the maturity factor for the transaction, and the supervisory delta adjustment. That is, for each individual interest rate derivative within a maturity category in a single hedging set, the bank must calculate:

                Adjusted Notional Amount×Supervisory Delta Adjustment×MF
                 

                and then sum that product across all interest rate derivatives in one maturity category in that hedging set to get the effective notional amount.

                38.For each interest rate hedging set, the result will be three effective notional amounts, one for each maturity category: D1 for Category 1, D2 for Category 2, and D3 for Category 3. The bank may then combine these effective notional amounts from each maturity category using the following formula:

                3

                 

                39.As an alternative, the bank may choose to combine the effective notional values as the simple sum of the absolute values for each of the three maturity categories within a hedging set, which has the effect of ignoring potential offsets. That is, as an alternative to the calculation above, the bank may calculate:

                |D1|+|D2|+|D3|
                 

                40.Regardless of the approach used to combine the effective notional amounts, the bank must multiply the result of the calculation by the supervisory factor for the interest rate asset class from Table 2, and sum across all interest rate hedging sets to calculate the aggregate add-on for the interest rate asset class.

                Add-on for Foreign Exchange Derivatives

                41.For foreign exchange derivatives, banks must calculate the effective notional amount for each hedging set (that is, for the set of foreign exchange derivatives referencing a single currency pair) by summing across transactions within a hedging set the product of the adjusted notional amount of the transaction, the maturity factor for the transaction, and the supervisory delta adjustment. That is, for each individual foreign exchange derivative in a single hedging set (that is, referencing a single currency pair), the bank must calculate:

                Adjusted Notional Amount×Supervisory Delta Adjustment×MF
                 

                and then sum that product across all foreign exchange derivatives in that hedging set to get the effective notional amount for the hedging set.

                42.The bank must multiply the absolute value of the resulting effective notional amount for each hedging set (each currency pair) by the supervisory factor for the foreign exchange asset class from Table 2, and sum across all foreign exchange hedging sets to calculate the aggregate add-on for the foreign exchange asset class.

                Add-on for Credit Derivatives

                43.For credit derivatives, banks must calculate the effective notional amount for each entity (that is, for each set of credit derivatives referencing a single name or credit index) by summing, across all credit derivative transactions that reference that entity, the product of the adjusted notional amount of the transaction, the maturity factor for the transaction, and the supervisory delta adjustment. That is, for each individual credit derivative referencing any single entity, the bank must calculate:

                Adjusted Notional Amount×Supervisory Delta Adjustment×MF
                 

                for each transaction and then sum that product across all credit derivatives that reference that entity to get the effective notional amount for the entity.

                44.The bank must calculate the entity-level add-on by multiplying the result of this calculation by the appropriate supervisory factor from Table 2, depending on the rating of the entity (for single-name derivatives) or depending on whether the index is investment grade or speculative grade (for index derivatives).

                45.For credit derivatives that reference unrated single-name entities, the bank should use the Supervisory Factor corresponding to BBB rated entities. However, where the entity has an elevated risk of default, banks should use the Supervisory Factor corresponding to BB rated entities. For credit index entities, the classification into investment grade or speculative grade should be determined based on the credit quality of the majority of the individual components of the index.

                46.The bank must use the entity-level add-ons to calculate the add-on for the credit derivative hedging set. This is done through a calculation based on the use of supervisory correlation factors from Table 2. Specifically, the bank must calculate the add-on for the credit derivative hedging set by calculating:

                7

                 

                where Ai is the entity-level add-on for one entity (each “i” is a different entity, either single-name or index), and

                ρi is the supervisory correlation (either 0.5 or 0.8) for that entity.

                47.Note that credit derivatives that are basis or volatility transactions must be treated in separate hedging sets within the credit derivatives asset class, with adjustments to supervisory factors as required under this Standard. In that case, the add-on for the credit derivatives asset class is the sum of the hedging set add-on calculated above, plus add-ons for any basis or volatility hedging sets.

                Add-on for Equity Derivatives

                48.For equity derivatives, banks must calculate the effective notional amount for each entity (that is, for each set of equity derivatives referencing a single name or equity index) by summing, across all equity derivatives transactions that reference that entity, the product of the adjusted notional amount of the transaction, the maturity factor for the transaction, and the supervisory delta adjustment. That is, for each individual equity derivative referencing any single entity, the bank must calculate:

                Adjusted Notional Amount×Supervisory Delta Adjustment×MF
                 

                for each transaction and then sum that product across all equity derivatives that reference that entity to get the effective notional amount for the entity.

                49.The bank must calculate the entity-level add-on by multiplying the result of this calculation by the appropriate supervisory factor from Table 2.

                50.The bank must use the entity-level add-ons to calculate the add-on for the equity derivative hedging set. This is done through a calculation based on the use of supervisory correlation factors from Table 2 for single-name equities and equity indexes. Specifically, the bank must calculate the add-on for the equity derivative hedging set by calculating:

                8

                where,

                Ai is the entity-level add-on for one entity (each “i” is a different entity, either single-name or index), and

                ρi is the supervisory correlation for that entity from Table 2.

                51.Note that equity derivatives that are basis or volatility transactions must be treated in separate hedging sets within the equity derivatives asset class, with adjustments to supervisory factors as required under this Standard. In that case, the add-on for the equity derivatives asset class is the sum of the hedging set add-on calculated above, plus add-ons for any basis or volatility hedging sets.

                Add-on for Commodity Derivatives

                52.For the commodity asset class, a bank must assign each commodity derivative to one of the four hedging sets: energy, metals, agriculture, or other. The bank should also define one or more commodity types within each hedging set, and assign each derivative transaction to one of those commodity types. Long and short trades within a single commodity type can be fully offset.

                53.The bank must establish appropriate governance processes for the creation and maintenance of the list of defined commodity types that are used for CCR calculations. These types should have clear definitions stated in written policies, and independent internal review or validation processes should ensure that the commodity types are applied properly. Internal review and validation processes also should determine that commodities grouped as a single type are in fact reasonably similar. Only commodity types established through adequately controlled internal processes may be used.

                54.Banks must calculate the effective notional amount for each commodity type (that is, for each set of commodity derivatives that reference commodities of the same type) by summing, across all transactions that reference that commodity type, the product of the adjusted notional amount of the transaction, the maturity factor for the transaction, and the supervisory delta adjustment. That is, for each individual commodity derivative referencing any single commodity type, the bank must calculate:

                Adjusted Notional Amount×Supervisory Delta Adjustment×MF
                 

                for each transaction and then sum that product across all commodity derivatives that reference that commodity type to get the effective notional amount for the commodity type.

                55.The bank must calculate the add-on for each commodity type by multiplying the result of this calculation by the appropriate supervisory factor from Table 2.

                56.The bank must use the add-ons for each commodity type to calculate the add-on for each hedging set (energy, metals, agriculture, and other). This is done through a calculation using the supervisory correlation factor for commodity derivatives. Specifically, the bank must calculate the add-on for each of the four commodity derivative hedging sets by calculating:

                9

                 

                where ρ is the supervisory correlation factor for commodity derivatives,

                and Ai is the add-on for one commodity type within the hedging set (each “i” is a different commodity type within a given hedging set).

                57.Note that commodity derivatives that are basis or volatility transactions must be treated in separate hedging sets within the commodity derivatives asset class, with adjustments to supervisory factors as required under this Standard.

                58.The add-on for the commodity derivatives asset class is the sum of the four hedging set add-ons as calculated above (some of which may be zero if the bank has no derivatives within one of the four hedging sets), plus corresponding add-ons for any basis or volatility hedging sets.

                59.Commodity hedging sets have been defined in this Standard without regard to other potentially important characteristics of commodities, such as location and quality. For example, the energy hedging set contains commodity types such as crude oil, electricity, natural gas, and coal. The Central Bank may require a bank to use more refined definitions of commodity types if the Central Bank determines that the bank is significantly exposed to the basis risk of different products within any bank-defined commodity type.

              • Supervisory Factors, Correlations, and Volatilities

                60.Table 2 provides the values of Supervisory Factors, correlations, and supervisory option volatilities for use with each asset class and subclass.

                61.For any basis transaction hedging set, the Supervisory Factor applicable to its relevant asset class or sub-class must be multiplied by 0.5.

                62.For any volatility transaction hedging set, the Supervisory Factor applicable to its relevant asset class or sub-class must be multiplied by 5.0.

                Table 2: Supervisory Factors, Correlations, and Volatilities

                Asset ClassHedging SetsSubclassSupervisory FactorCorrelationSupervisory Option Volatility
                Interest RateOne hedging set for each currency 0.50%N/A50%
                Foreign ExchangeOne hedging set for each currency pair 4.00%N/A15%
                Credit, Single NameOne hedging set for all credit derivativesAAA
                AA
                A
                BBB
                BB
                B
                CCC
                0.38%
                0.38%
                0.42%
                0.54%
                1.06%
                1.60%
                6.00%
                50%100%
                Credit, IndexInvestment Grade
                Speculative Grade
                0.38%
                1.06%
                80%80%
                Equity, Single NameOne hedging set for all equity derivativesSingle Name32.00%50%120%
                Equity, IndexIndex20.00%80%75%
                CommodityEnergyElectricity
                Other Energy
                40.00%
                18.00%
                18.00%
                18.00%
                18.00%
                40%150%
                70%
                70%
                70%
                70%
                MetalsMetals
                AgricultureAgriculture
                All otherAll other

                 

              • PFE Multiplier

                63.For each netting set, the bank must compute a PFE multiplier and multiply the sum of the asset class add-ons for the netting set by that multiplier. The bank must calculate the PFE multiplier using the NCV and the aggregate add-on for the netting set (AddOnagg) according to the following formula (where “exp” denotes the exponential function):

                1

                 

                64.Consistent with international regulatory standards, the Floor for this calculation is established at the level of 0.05 (5%) under this Standard.

                65.If the PFE multiplier for a netting set is greater than 1.0 when calculated according to the formula above (which generally occurs when NCV>0), the bank should set the PFE multiplier equal to 1.0 when calculating PFE. Note that NCV is the same as the calculation of RC for un-margined transactions, but without the limitation of a lower bound of zero (that is, NCV can be negative).

              • Margin Agreements Covering Multiple Netting Sets

                66.If a single margin agreement applies to several netting sets, so that collateral is exchanged based on mark-to-market values that are netted across all transactions covered under the margin agreement irrespective of netting sets, calculations of both RC and PFE are affected as described in this Standard. Special treatment is necessary because it is problematic to allocate the common collateral to individual netting sets.

                67.A bank must compute a single combined RC for all netting sets covered by the margin agreement. Combined RC is the sum of two elements, each of which must be no less than zero. The first element is equal to the un-margined current exposure the bank has to the counterparty, aggregated across all netting sets covered by the margin agreement, less the cash equivalent value of any collateral available to the bank at the time (including both VM and NICA) if the bank is a net holder of collateral. The second term is added only when the bank is a net provider of collateral, and is equal to the current net value of the posted collateral, reduced by the un-margined current exposure of the counterparty to the bank aggregated across all netting sets covered by the margin agreement.

                68.The bank must calculate PFE for transactions subject to a single margin agreement covering multiple netting sets as if those transactions were un-margined, with the resulting calculations of PFE for each netting set then aggregated through summation. Both the multiplier and the PFE add-on should be calculated as if the transactions were un-margined.

              • IV. Requirements for Bank Exposures to Central Counterparties

                69.The Financial Stability Board has determined that central clearing of over-the-counter derivatives reduces global systemic risk. Accordingly, the Central Bank assigns lower risk weights to bank exposures to central counterparties (CCPs) that meet certain standards for qualification, as described below for Qualifying Central Counterparties (QCCPs).

                70.Banks must treat exposures to non-qualifying CCPs as they would treat exposures to any other non-qualifying counterparty. If a CCP being treated as a QCCP ceases to qualify as a QCCP, exposures to that former QCCP may continue to be treated as though they were QCCP exposures for a period of three months, unless the Central Bank requires otherwise. After the three-month period, the bank’s exposures to such a CCP must be treated as bilateral counterparty credit exposures.

              • Qualifying Central Counterparties

                71.For a counterparty entity to be considered a QCCP for purposes of this Standard, the entity must meet the following conditions:

                • Be licensed to operate as a CCP and permitted to operate as such by the appropriate regulator or overseer with respect to the products that are centrally cleared.
                • Provide UAE banks with the information required to calculate RWA for any default fund exposures to the CCP according to the requirements stated in this Standard.
                • Be based and prudentially supervised in a jurisdiction where the relevant regulator or overseer has established and publicly indicated that domestic rules and regulations consistent with the CPMI-IOSCO Principles for Financial Market Infrastructures apply to the CCP on an ongoing basis. For CCPs in jurisdictions that do not have a CCP regulator applying the Principles to the CCP, the Central Bank may make a determination regarding whether the CCP meets the requirements for treatment as a QCCP.

                72.A bank must have robust internal procedures to identify specific CCPs that qualify for treatment as QCCPs under this Standard. The internal identification process should reflect the conditions stated above in this Standard, and produce evidence the bank then provides to the Central Bank to demonstrate that a specific CCP meets the conditions for qualification. A bank may not treat any CCP as a QCCP for capital purposes unless and until the Central Bank reviews the bank’s determination and indicates no objection.

              • Exposures to QCCPs

                73.A bank must calculate RWA for exposures to QCCPs to reflect credit risk due to trade exposures (either as a clearing member of the QCCP or as a client of a clearing member), posted collateral, and default fund contributions. If a bank’s combined RWA for trade exposures to a QCCP and default fund contribution for that QCCP is higher than would apply for those same exposures if the QCCP were a non-qualifying CCP, the bank may treat the exposures as if the QCCP was non-qualifying.

                Trade exposures to the QCCP

                74.A risk weight of 2% applies to a bank’s trade exposure to the QCCP where the bank as a clearing member of the QCCP trades for its own account. The risk weight of 2% also applies to trade exposures to the QCCP arising from clearing services the bank provides to clients where the bank is obligated to reimburse those clients for losses in the event that the QCCP defaults.

                75.In general, a bank must calculate exposure amounts for trade exposures to QCCPs as for other derivatives exposure under this Standard. Banks must use a minimum MPOR of 10 days for the calculation of trade exposures to QCCPs on over-the-counter derivatives. Where QCCPs retain variation margin against certain trades and the member collateral is not protected against the insolvency of the QCCP, the minimum horizon applied to the bank’s QCCP trade exposures must be the lesser of one year and the remaining maturity of the transaction, with a floor of 10 business days.

                Treatment of posted collateral

                76.Any assets or collateral posted to the QCCP by the bank must receive the banking book or trading book treatment it would receive under the capital adequacy framework, regardless of the fact that such assets have been posted as collateral. Where the entity holding such assets or collateral is the QCCP, a risk-weight of 2% applies to collateral included in the definition of trade exposures. The relevant risk-weight of the QCCP will apply to assets or collateral posted for other purposes.

                77.A risk weight of zero applies to all collateral (including cash, securities, other pledged assets, and excess initial or variation margin) posted by the clearing member that is held by a custodian and is bankruptcy remote from the QCCP. Collateral posted by a client that is held by a custodian and is bankruptcy remote from the QCCP, the bank, and other clients of the bank is not subject to a CCR capital requirement.

                78.Where a bank posts assets or collateral (either as a clearing member or on behalf of a client) with a QCCP or a clearing member, and the assets or collateral is not held in a bankruptcy remote manner, the bank must recognize credit risk based upon the creditworthiness of the entity holding such assets or collateral. Posted collateral not held in a bankruptcy remote manner must be accounted for in the NICA term for CCR calculations.

                Default fund exposures

                79.A bank’s default fund contributions as a clearing member of a QCCP must be included in the bank’s calculation of risk-weighted assets. Certain inputs required for the RWA calculation must be provided to the bank by the QCCP, its supervisor, or some other body with access to the required data, as described below. Provision of the necessary inputs is a condition for CCP qualification.

                80.Risk-weighted assets for the bank’s default fund contributions should be calculated as:

                1

                 

                where

                • RW is a risk weight of 20% unless the Central Bank determines that banks must apply a higher risk weight, for example to reflect a QCCP membership composed of relatively high-risk members;
                • DFM is the bank’s total pre-funded contributions to the QCCP’s default fund;
                • DF is the total value of the QCCP’s default fund, including its own funds and the prefunded contributions from members; and
                • EAD is the sum of the QCCP’s exposure to all clearing members accounts, including clearing members’ own transactions, client transactions guaranteed by clearing members, and the value of all collateral held by the QCCP against those transactions (including clearing members’ prefunded default fund contributions) prior to exchange of margin in the final margin call on the date of the calculation. This exposure should include the exposure arising from client sub-accounts to the clearing member’s proprietary business where clearing members provide client-clearing services and the client transactions and collateral are held in separate (individual or omnibus) subaccounts.

                81.However, if the RWA from the calculation above is less than 2% of the amount of the bank’s pre-funded contributions to the default fund, then the bank must set RWA equal to 2% of its pre-funded contributions to the default fund, which is 2%×DFM.

                82.Exposure to each clearing member for the QCCP’s EAD calculation is the bilateral CCR trade exposure the QCCP has to the clearing member as calculated under this Standard, using MPOR of 10 days. All collateral held by a QCCP to which that QCCP has a legal claim in the event of the default of the member or client, including default fund contributions of that member, is used to offset the QCCP’s exposure to that member or client for the PFE multiplier. If the default fund contributions of the member are not split with regard to client and sub-accounts, they must be allocated to sub-accounts according to the initial margin of that sub-account as a fraction of the total initial margin posted by or for the account of the clearing member.

                83.If clearing member default fund contributions are segregated by product types and only accessible for specific product types, the RWA calculation must be performed for each specific product giving rise to counterparty credit risk. Any contributions by the bank to prepaid default funds covering settlement-risk-only products should be risk-weighted at 0%. If the QCCP’s own prefunded resources cover multiple product types, the QCCP must allocate those funds to each of the calculations, in proportion to the respective product-specific EAD.

                84.However, where a default fund is shared between products or types of business with settlement risk only (such as equities and bonds) and products or types of business which give rise to counterparty credit risk, all of the default fund contributions receive the risk weight determined above, without apportioning to different classes or types of business or products.

                85.Banks must apply a risk weight of 1250% to default fund contributions to a non-qualifying CCP. For the purposes of this paragraph, the default fund contributions of such banks will include both the funded contributions and any unfunded contributions for which the bank could be liable upon demand by the CCP.

                86.As a requirement for QCCP qualification, the CCP, its supervisor, or another body with access to the required data must calculate and provide values for EAD, DFM, and DF in such a way to permit the supervisor of the CCP to oversee those calculations, and must share sufficient information about the calculation results to permit banks to calculate capital requirements for their exposures to the default fund, as well as to permit the Central Bank to review and confirm such calculations. The information must be provided at least quarterly, although the Central Bank may require more frequent calculations in the event of material changes, such as material changes to the number or size of cleared transactions, material changes to the financial resources of the QCCP, or initiation by the QCCP of clearing of a new product.

                Clearing member exposures to clients

                87.A bank as a clearing member of a QCCP must treat its exposure to clients as bilateral trades, irrespective of whether the bank as clearing member guarantees the trade or acts as an intermediary between the client and the QCCP.

                88.If a bank as a clearing member of a QCCP collects collateral from a client and passes this collateral on to the QCCP, the bank may recognize this collateral for both the exposure to the QCCP and the exposure to the client.

                89.If a bank as a clearing member conducts an exchange-traded derivatives transaction on a bilateral basis with a client, it is treated as a bilateral counterparty credit risk exposure rather than a QCCP exposure. In this case, the bank can compute the exposure to the client using a margin period of risk, subject to a minimum MPOR of at least five days.

                90.These requirements also apply to transactions between lower-level clients and higher-level clients in a multi-level client structure. (A multi-level client structure is one in which banks can centrally clear as an indirect client of a clearing member; that is, when clearing services are provided to the bank by an institution that is not a direct clearing member, but is itself a client of a clearing member or another clearing client.)

                Bank exposures as a client of clearing members

                91.Where a bank is a client of a clearing member, and enters into a transaction with a clearing member who completes an offsetting transaction with the QCCP, of if a clearing member guarantees QCCP performance to the bank as a client, the bank’s exposures to the clearing member may be treated as trade exposures to the QCCP with a risk weight of 2% if the conditions below are met. (This also applies to exposures of lower-level clients to higher- level clients in a multi-level client structure, provided that for all intermediate client levels the two conditions below are met.)

                • Condition 1: Relevant laws, regulation, rules, contractual, or administrative arrangements make it highly likely that, in the event that the clearing member defaults or becomes insolvent, the offsetting transactions with the defaulted or insolvent clearing member would continue to be indirectly transacted through or by the QCCP, and that client positions and collateral with the QCCP would be transferred or closed out at market value.
                • Condition 2: Offsetting transactions are identified by the QCCP as client transactions, and collateral to support them is held by the QCCP and/or the clearing member under arrangements that prevent any losses to the client due to the default or insolvency of either the clearing member or other clients of the clearing member, or of a joint default or insolvency of the clearing member and any of its other clients.

                92.Where a bank is a client of the clearing member and the two conditions above are not met, the bank must treat its exposures to the clearing member as an ordinary bilateral exposure under this Standard, not a QCCP exposure. If the two conditions above are met with the exception of the requirement regarding joint default or insolvency of the clearing member and any of its other clients, a 4% risk weight must be applied instead of 2%.

                93.A bank must have conducted sufficient legal review (and undertake such further review as necessary to ensure continuing enforceability) and have a well-founded basis to conclude that, in the event of legal challenge, the relevant courts and administrative authorities would find that such arrangements mentioned above would be legal, valid, binding and enforceable under the relevant laws of the relevant jurisdictions. Upon the insolvency of the clearing member, there should be no legal impediment (other than the need to obtain an appropriate court order) to the transfer of the bank’s collateral to one or more surviving clearing members or to the bank or the bank’s nominee.

                94.The treatment described here also applies to exposures resulting from posting of collateral by the bank as a client of a clearing member that is held by the QCCP on the bank’s behalf but not on a bankruptcy remote basis.

                95.If a bank conducts an exchange-traded derivatives transaction on a bilateral basis with a clearing member as a client of that clearing member, the transaction is treated as a bilateral counterparty credit risk exposure, not a QCCP exposure. The same applies to transactions between lower-level clients and higher-level clients in a multi-level client structure.

              • Requirements for Bank Risk Management Related to QCCPs

                96.The fact that a CCP qualifies as a QCCP does not relieve a bank of the responsibility to ensure that it maintains adequate capital to cover the risk of its exposures. Where the bank is acting as a clearing member, the bank should assess whether the level of capital held against exposures to a QCCP adequately addresses the inherent risks of those transactions through appropriate scenario analysis and stress testing.

                97.A bank must monitor and report to its senior management and Board, or an appropriate committee of the Board, on a regular basis all of its exposures to QCCPs, including exposures arising from trading through a QCCP and exposures arising from QCCP membership obligations such as default fund contributions.

              • V. Review Requirements

                98.Bank calculations for Counterparty Credit Risk under this Standard and associated bank processes must be subject to appropriate levels of independent review and challenge. Reviews must cover material aspects of the calculations under this Standard, including but not limited to the determination of netting sets, the assignment of individual transactions to asset classes and hedging sets, the application of supervisory parameters, the definition of commodity types, the treatment of complex derivatives transactions, and the identification of QCCPs.

              • VI. Shari’ah Implementation

                99.Banks offering Islamic financial services that use Shari’ah Compliant alternatives to derivatives approved by their internal Shari’ah control committees should calculate the risk weighted asset (RWA) to recognize the exposure amounts for counterparty credit risk (CCR) as a result of obligations arising from terms and conditions of contracts and documents of those Shari’ah compliant alternatives in accordance with provisions set out in this standard/guidance and in the manner acceptable by Shari’ah. This is applicable until relevant standards and/or guidance in respect of these transactions are issued specifically for banks offering Islamic financial services.

          • VI. Credit Valuation Adjustment (CVA)

            • I. Introduction

              1.This Standard articulates specific requirements for the calculation of the risk- weighted assets (RWA) for Credit Valuation Adjustment (CVA) risk for banks in the UAE. It is based closely on requirements of the framework for capital adequacy developed by the Basel Committee on Banking Supervision, specifically the Standardized Approach for CVA as articulated in Basel III: A global regulatory framework for more resilient banks and banking systems, December 2010 (rev June 2011), and subsequent clarifications thereto by the Basel Committee.

              2.This Standard covers all derivative transactions except those transacted directly with a central counterparty. In addition, it covers all securities financing transactions (SFTs) that are subject to fair-value accounting, unless the Central Bank concludes that the bank's CVA loss exposures arising from fair-valued SFTs are not material. The CVA capital calculation encompasses a bank's CVA portfolio, which includes the bank's entire portfolio of covered transactions as well as eligible CVA hedges.

              3.This Standard formulates capital adequacy requirements that needs to be applied to all banks in UAE on a consolidated basis.

            • II. Definitions

              In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, for this Standard, the following terms have the meanings defined in this section.

              1. (a)Credit Default Swap (CDS): A financial swap agreement in which the seller of the CDS agrees to compensate the buyer in the event of a default or other credit event by the reference obligor in exchange for a series of payments during the life of the CDS.
              2. (b)Contingent CDS: A CDS in which one or more aspects of the payout are contingent on both the occurrence of a credit event and some other event specified in the contract, such as the level of or change in a particular market variable.
              3. (c)Credit Valuation Adjustment (CVA): Reflects the adjustment of default risk-free prices of derivatives due to a potential default of the counterparty. Regulatory CVA may differ from CVA used for accounting purposes. Unless explicitly specified otherwise, the term CVA in this document means regulatory CVA.
              4. (d)CVA portfolio: Includes all CVA hedges that meet the eligibility requirements stated in these Standards, as well as all covered transactions.
              5. (e)CVA Risk: Defined as the risk of losses arising from changing CVA values in response to changes in counterparty credit spreads and market risk factors that drive prices of derivative transactions.
              6. (f)Derivatives Transactions: Transactions concerning financial contracts that are traded in the Market, their values are dependent on the value of the financial assets underlying such contracts - such as commodities, indexes, currencies or any other financial products considered as such by the Central Bank.
              7. (g)Qualified Financial Contract: Any financial agreement, contract or transaction, including any terms and conditions incorporated by reference in any such financial agreement, contract or transaction, pursuant to which payment or delivery obligations are due to be performed at a certain time or within a certain period of time and whether or not subject to any condition or contingency excluding securities and commodities or any other agreement, contract or transaction as notified by the Central Bank at any time.
              8. (h)Securities Financing Transactions (SFTs): Transactions such as repurchase agreements, reverse repurchase agreements, security lending and borrowing, and margin lending transactions, where the value of the transactions depends on market valuations and the transactions are often subject to margin agreements.
              • III. Requirements

                Banks are required to calculate RWA for CVA as a multiple of capital for CVA risk calculated as specified in these Standards. The calculation relies on regulatory measures of counterparty credit risk exposure, and recognizes the impact of differences in maturity, as well as adjustments to reflect certain common hedging activities that banks use to manage CVA risk. The relevant requirements are described in this Standard.

                • A. Counterparty Exposure for CVA Calculations

                  4.A bank must use a measure of exposure at default (EAD) for each counterparty to calculate CVA capital for the CVA portfolio. For derivatives exposures, the bank must use the EAD for each counterparty as calculated under the Central Bank's Counterparty Credit Risk Standard (the CCR Standard), including any effects of collateral or offsets per that Standards.

                  5.For SFTs, the bank must use the measure of counterparty exposure as calculated for the leverage ratio exposure measure. For that measure, the EAD for SFTs is calculated as current exposure without an add-on for potential future exposure, with current exposure calculated as follows:

                  1. (a)Where a qualifying master netting agreement (MNA) is in place, the current exposure (E*) is the greater of zero and the total fair value of securities and cash lent to a counterparty for all transactions included in the qualifying MNA (>Ei), less the total fair value of cash and securities received from the counterparty for those transactions (>Ci). This is illustrated in the following formula:

                    E* = max {0, [∑Ei − ∑Ci]}

                    where E* = current exposure,

                    ∑Ei = total fair value of securities and cash lent to counterparty “i” and

                    ∑Ci = total fair value of securities and cash received from “i”.

                  2. (b)Where no qualifying MNA is in place, the current exposure for transactions with a counterparty must be calculated on a transaction-by-transaction basis – that is, each transaction is treated as its own netting set, as shown in the following formula:

                    E* = max {0, [EC]}

                    where E* = current exposure,

                    E = total fair value of securities and cash lent in the transaction, and

                    C = total fair value of securities and cash received in the transaction.

                • B. CVA Hedges

                  6.To qualify as an eligible CVA hedge for purposes of the CVA capital calculation, hedge transactions must meet the eligibility requirements stated here:

                  1. (a)The hedge instrument must be an index CDS, or a single-name CDS, single-name contingent CDS, or equivalent hedging instrument that directly references the counterparty being hedged; and
                  2. (b)The transaction must be a component of the bank's CVA risk management program, entered into with the intent to mitigate the counterparty credit spread component of CVA risk and managed by the bank in a manner consistent with that intent.

                  7.Eligible hedges that are included in the CVA calculation as CVA hedges are excluded from a bank's market risk capital calculations. A bank must treat transactions that are not eligible as CVA hedges as they would any other similar instrument for regulatory capital purposes.

                • C. CVA Capital Calculation

                  8.The bank must calculate the discounted counterparty exposure for each counterparty by multiplying the total EAD for the counterparty as calculated under these Standards by a supervisory discount factor (DF) for each netting set that reflects notional weighted-average maturity of the counterparty exposures:


                  1

                  where

                  EADiTotal is the sum of the EADs for all of the exposures to counterparty “i” within the netting set,

                  2

                  Mi is the weighted average maturity for the netting set for counterparty “i”, using notional values for the weighting.

                  If the bank has more than one netting set with a counterparty, the bank should perform this calculation for each netting set with that counterparty separately, and sum across the netting sets.

                  9.For any eligible single-name hedges for the counterparty, the bank computes the discounted value of the hedges, again using a supervisory discount factor that depends on the maturity of the hedge:

                  3

                  where

                  Hi is the notional value of a purchased eligible single-name hedge referencing counterparty ‘i’ and used to hedge the CVA risk,

                  4

                  Mh is the maturity of that hedge instrument.

                  If the bank has more than one instrument hedging single-name CVA risk for the counterparty, the bank should sum the discounted values of the individual hedges within each netting set.

                  10.For each counterparty, the bank should calculate single-name exposure (SNE) as the discounted counterparty exposure minus the discounted value of eligible single-name CVA hedges. With a single netting set and single hedge instrument, this calculation is:

                  5

                   

                  11.With multiple netting sets for the counterparty (for EAD) or multiple-single name hedge instruments (for H), the corresponding terms in the SNE calculation would be the summations for the given counterparty as required above.

                  12.If the bank uses single-name hedging only, the bank must use SNE for its counterparties to calculate CVA capital using the following formula:

                  6

                   

                  where Wi is the risk weight applicable to counterparty "i" from Table 1.

                  13.Each counterparty must be assigned to one of the seven rating categories in Table 1, based on the external credit rating of the counterparty. When a counterparty does not have an external rating, the bank should follow the approach used in the CCR Standard for credit derivatives that reference unrated entities. A bank should map alternative rating scales to the ratings in Table 1 based on an analysis of historical loss experience for each rating grade.

                  Table 1: Risk Weights for CVA Capital Calculation

                  RatingRisk Weight
                  AAA0.7%
                  AA0.7%
                  A0.8%
                  BBB1.0%
                  BB2.0%
                  B3.0%
                  CCC10.0%

                   

                  14.If the bank also uses index hedges for CVA risk management, the CVA capital calculation is modified to include an additional reduction in systematic risk according to the following formula:

                  1

                   

                  where

                  Hind is the notional of an eligible index hedge instrument used to hedge CVA risk,

                  5

                  Mind is the maturity of that index hedge, and

                  other variables are as defined above in this Standard.

                  The summation is taken across all index hedges. To determine the applicable risk weight for any index hedge, the bank should determine the risk weight from Table 1 that would apply to each component of the index, and use the weighted-average of these risk weights as Wind, with weights based on the notional composition of the index.

                  15.An alternative version of the full calculation (including index hedges) that gives the same result, but without the intermediate step of calculating SNE, is the following:

                  16

                   

                  16.For any counterparty that is also a constituent of an index referenced by a CDS used for hedging CVA risk, the bank may, with supervisory approval, subtract the notional amount attributable to that single name within the index CDS (as based on its reference entity weight) from the index CDS notional amount (Hind), and treat that amount within the CVA capital calculation as a single-name hedge (Hi) of the individual counterparty with maturity equal to the maturity of the index.

                • D. Risk-Weighted Assets

                  17.A bank must determine the RWA for CVA by multiplying K as calculated above by the factor 12.5:

                  CVA RWA=K×12.5
                   

                • E. Simple Alternative Approach

                  18.Any bank with aggregate notional amount of covered transactions less than or equal to AED 400 billion may choose to set the bank's CVA RWA equal to its RWA for counterparty credit risk as computed under the CCR Standard. If the bank chooses this approach, it must be applied to all of the bank's covered transactions. In addition, a bank adopting this simple approach may not recognize the risk-reducing effects of CVA hedges. A bank meeting the requirements for using the Simple Alternative may choose to use either the Simple Alternative or the general CVA requirements, and may change that choice at any time with the approval of the Central Bank.

              • IV. Review Requirements

                19.Bank calculations for CVA risk under these Standard and associated bank processes must be subject to appropriate levels of independent review and challenge. Reviews must cover material aspects of the calculations under these Standards, including but not limited to determination of eligible hedges, determination of maturities and amounts, mapping of counterparties to risk weights based on credit rating, and the CVA capital calculation.

              • V. Shari’ah Implementation

                20.Banks offering Islamic financial services that use Shari’ah Compliant alternatives to derivatives and Securities financing transactions (SFTs) approved by their internal Shari’ah control committees should calculate the risk weighted asset (RWA) for Credit Valuation Adjustment (CVA) of these Shari’ah compliant alternatives in accordance with provisions set out in this standard/guidance and in the manner acceptable by Shari’ah. This is applicable until relevant standards and/or guidance in respect of these transactions are issued specifically for banks offering Islamic financial services

          • VII. Equity Investments in Funds

            • I. Introduction

              1.This Standard articulates specific capital requirements for equity investments in funds held in the banking book by UAE Banks. It is based closely on requirements of the framework for capital adequacy developed by the Basel Committee on Banking Supervision (BCBS), specifically as articulated in Capital requirements for banks’ equity investments in funds, (BCBS 266, published December 2013).

              2.This Standard formulates capital adequacy requirements that needs to be applied to all banks in UAE on a consolidated basis.

              The requirements apply to all equity investments by banks in all types of funds that are held in the banking book (in-scope equity positions), including off-balance sheet exposures such as unfunded commitments to subscribe to a fund’s future capital calls. The requirements do not apply to exposures, including underlying exposures held by the fund, that would be deducted from capital under the Central Bank’s Guidance re Capital Supply.

              3.This Standard requires banks to calculate risk-weighted assets (RWA) for any fund in which the bank has an in-scope equity position, with RWA calculated as if the bank held the fund’s exposures directly rather than indirectly through investment in the fund. Banks are required to use a hierarchy of three successive approaches with varying degrees of risk sensitivity and conservatism, as described below in these Standards. This Standard also incorporates a leverage adjustment to RWA to reflect a fund’s leverage appropriately. These requirements are discussed below in these Standards.

              4.The Standards follow the calibration developed by the Basel Committee, which includes a maximum risk weight of 1250%, calibrated on a total capital adequacy requirement of 8%. The UAE instituted a higher minimum capital requirement of 10.5% (excluding capital buffers), applicable to all licensed banks. Consequently, the maximum capital charge for a single exposure will be the lesser of the value of the exposure after applying valid credit risk mitigation, netting and haircuts, and the capital resulting from applying a risk weight of 952% (reciprocal of 10.5%) to this exposure.

            • II. Definitions

              In general, terms used in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In particular, for this Standard, the following terms have the meanings defined in this section.

              1. a.Credit Valuation Adjustment (CVA) reflects the adjustment of default risk-free prices of derivatives due to a potential default of the counterparty. Regulatory CVA may differ from CVA used for accounting purposes. Unless explicitly specified otherwise, the term CVA in this document means regulatory CVA.
              2. b.CVA Risk is defined as the risk of losses arising from changing CVA values in response to changes in counterparty credit spreads and market risk factors that drive prices of derivative transactions.
              3. c.Fund is a financial vehicle, whether established inside or outside the UAE, engaged in the activity of receiving investors' money for the purpose of investment against the issue of fund units of equal value and rights. This includes, but is not limited to, mutual funds, private equity funds and hedge funds, open-end funds, closed-end funds, debt funds and hedge funds.
              4. d.Mandate means instruction to manage a pool of capital, or a particular pile of funds, using a specific strategy and within certain risk parameters.
              5. e.Potential Future Exposure (PFE) is an estimate of the potential increase in exposure to counterparty credit risk against which a bank must hold regulatory capital.
            • III. Requirements

              • A. Approaches

                5.Banks must treat in-scope equity positions in a manner consistent with one or more of the following three approaches: the “look-through approach”, the “mandate-based approach” and the “fall-back approach”.

                1.Look-through approach (LTA)

                6.The look-through approach (LTA) requires a bank to risk weight the underlying exposures of a fund as if the bank held the exposures directly. LTA must be used by a bank when:

                1. (iii)there is sufficient and frequent information provided to the bank regarding the underlying exposures of the fund to determine the applicable risk weights and exposure amounts; and
                2. (iv)such information is subject to verification by an independent third party.

                7.To satisfy condition (i) above, the frequency of financial reporting of the fund must be the same as, or more frequent than, the financial reporting obligation of the bank, and the granularity of the financial information must be sufficient to calculate the corresponding risk weights and exposure amounts without requiring an external audit. To satisfy condition (ii) above, there must be verification of the underlying exposures by an independent third party, such as a depository or custodian bank or, where applicable, a fund management company.

                8.Under the LTA, a bank must risk weight all underlying exposures of a fund as if the bank held those exposures directly. This includes, for example, any underlying exposure arising from the fund’s derivatives activities and the counterparty credit risk (CCR) exposure associated with those derivatives. However, instead of determining the applicable credit valuation adjustment (CVA) capital associated with the fund’s derivatives exposures, a bank should instead increase the CCR exposure by 50 percent (that is, multiply the CCR exposure by a factor of 1.5) before applying the risk weight associated with the counterparty. Banks are not required to apply the 1.5 factor to transactions for which the CVA capital charge would not otherwise be applicable, such as those conducted directly with central counterparties.

                9.Banks may rely on third-party calculations to determine the risk weights associated with equity investments in funds (that is, the underlying risk weights of the exposures of the fund) if they cannot obtain adequate data or information themselves to perform the calculations. In such cases, however, the bank must increase the resulting risk weight by 20 percent (that is, multiplied by a factor of 1.2) relative to the risk weight that would be applicable if the bank held the exposure directly.

                10.Banks should use the risk weights from the LTA to compute RWA for the fund. After calculating the RWA for a fund according to the LTA, banks must calculate the average risk weight for that fund (Avg RWfund) by dividing the total RWA of the fund by the total (unweighted) assets of the fund.

                2.Mandate-based approach (MBA)

                11.Banks should use the second approach, the mandate-based approach (MBA), only when the conditions for applying the LTA are not met. Banks should use the information contained in a fund’s mandate or in the relevant regulations governing such investment funds to perform a conservative calculation of the applicable risk weights for the assets of the fund.

                12.Under the MBA, on-balance-sheet exposures (that is, the fund’s assets) are risk weighted assuming that the underlying portfolios are invested to the maximum extent allowed under the fund’s mandate in assets that would attract the highest risk weights, and then progressively in other assets that attract lower risk weights. If more than one risk weight could be applied to a given exposure, the bank should use the highest applicable risk weight.

                13.The notional amount of derivative exposures and off-balance-sheet items should be risk-weighted according to the requirements of the risk-based capital standards.

                14.Banks should calculate the CCR exposure associated with a fund’s derivative positions in accordance with the Central Bank’s Standard for Counterparty Credit Risk Capital. If replacement cost cannot be determined, the bank should use the notional amount of the derivative as the replacement cost. If the Potential Future Exposure (PFE) cannot be determined, the bank should use an amount equal to 15 percent of the notional value as the PFE.

                15.As with the LTA, banks should account for CVA Risk on derivatives by increasing the CCR exposure by 50 percent (that is, multiply the CCR exposure by a factor of 1.5) before applying the risk weight associated with the counterparty. Banks are not required to apply the 1.5 factor for transactions to which the CVA capital charge would not otherwise be applicable, such as those conducted directly with central counterparties.

                16.As with the LTA, after calculating the RWA for a fund according to the MBA, banks must calculate the average risk weight for that fund (Avg RWfund) by dividing the RWA of the fund by the total (unweighted) assets of the fund.

                3.Fall-back approach (FBA)

                17.When the conditions for applying either the LTA or the MBA are not met, banks are required to apply the FBA, under which Avg RWfund for a bank’s investment in the fund is set equal to 1250 percent.

              • B. Partial use of the Approaches

                18.A bank may use a combination of the three approaches when determining the capital requirements for an equity investment in an individual fund, with one approach applied to a portion of the fund’s exposures and one or more other approaches applied to the fund’s other exposures. The requirements for each approach as articulated under this Standard must be met for any portions of the fund to which the LTA or MBA are applied. RWA calculations from each applied approach should be added together with the sum then divided by the total fund assets to compute Avg RWfund.

              • C. Treatment of Funds That Invest in Other Funds

                19.When a bank has an investment in one fund (e.g., Fund A) that itself has an investment in another fund (e.g., Fund B), the risk weight applied to the investment holding of the first fund (that is, Fund A’s investment in Fund B) should be determined by using the same three approaches set out above (LTA, MBA, and FBA). If fund investments are further layered (for example, if Fund B has investments in a Fund C), the risk weights applied to the additional layers of investment (that is, Fund B’s investment in Fund C) can be determined using the LTA, but only if the LTA was also used for determining the risk weight for the investment in the fund at the previous layer (Fund A’s investment in Fund B). Otherwise, the bank must apply the FBA to the additional investment layers.

              • D. Exclusions to the LTA, MBA and FBA

                20.Equity holdings in entities whose debt obligations qualify for a zero risk weight can be excluded from the LTA, MBA and FBA approaches (including government sponsored entities where a zero risk weight can be applied), at the discretion of the UAE Central Bank. If the UAE Central Bank makes such exclusion, this will be available to all banks.

                21.The UAE Central Bank may, in its absolute discretion, change the risk weighting of debt obligations from time to time as it finds necessary.

              • E. Leverage Adjustment

                22.When determining the risk weight for a bank’s equity investment in a fund, a bank must apply a leverage adjustment to the average risk weight of the fund as calculated above.

                23.Leverage for a fund is calculated as the ratio of total fund assets (not risk weighted) to total fund equity. Under the LTA, this ratio should be calculated from the information obtained on the fund’s asset holdings and financing. Under the MBA, banks should assume the maximum financial leverage permitted in the fund’s mandate, or the maximum permitted under the regulations governing the fund.

              • F. RWA for Equity Investments in Funds

                24.Banks must calculate the risk weight to be applied to their equity investments in any fund as the product of the fund’s average risk weight and the fund’s leverage:

                Risk Weight = Avg RWfund × Leverage

                where Avg RWfund = the average risk-weight for the fund’s assets as calculated under this Standard, and

                Leverage = the fund’s leverage as measured by the fund’s ratio of assets to equity as calculated under this Standard.

                25.The risk weight for a bank’s equity investment in any fund is subject to a cap of 1250 percent. If the calculation described in the paragraph above produces a result in excess of 1250 percent, the bank should use the maximum risk weight of 1250 percent instead.

                26.Banks should compute the RWA for their investments in funds by multiplying the amount of the equity investment in a given fund by the risk weight calculated as described in this Standard, based on Avg RWfund and the leverage of the fund determined according to this Standard.

            • IV. Review Requirements

              27.Bank calculations of risk-weighted assets for equity investments in funds under this Standard must be subject to appropriate levels of independent review by third parties and challenge. Reviews must cover associated bank processes including the identification of in-scope equity positions, determination of the appropriate approach under the hierarchy of approaches, and the processes for collection of information about the funds’ exposures or mandates, as well as material aspects of the calculations under this Standard, including but not limited to the risk weights applied to the underlying exposures (including on-balance-sheet, off-balance-sheet and derivative exposures as well as PFE), the average risk weights for funds and the calculation of fund leverage.

            • V. Shari’ah Implementation

              28.Banks offering Islamic financial services that use Shari’ah-Compliant Equity Investment in Funds held in the banking book which is approved by their internal Shari’ah control committees should calculate the relevant risk weighted asset (RWA) in line with this standard and guidelines, to accordingly maintain the appropriate amount of capital, in accordance with the provisions set out in this standard and guidance in a manner acceptable by Shari’ah. This is applicable until relevant standards and/or guidelines in respect of these transactions are issued specifically for banks offering Islamic financial services.

          • VIII. Securitisation

            • I. Introduction

              1.This Standard provides requirements for risk-based capital for securitisation-related exposures in the banking book for banks in the UAE. It is based closely on requirements of the securitisation framework for capital adequacy developed by the Basel Committee on Banking Supervision (BCBS), specifically as articulated in Revisions to the securitisation framework, (BCBS 374, published December 2014, revised July 2016).

              2.The Central Bank securitisation framework aims to ensure that banks in the UAE adopt practices to manage the risks associated with securitisation, and to ensure that banks hold sufficient regulatory capital against the associated credit risk.

              3.Regulatory capital is required for banks’ securitisation exposures, including those arising from the provision of credit risk mitigants to a securitisation transaction, investments in asset-backed securities, retention of subordinate tranches, and extension of liquidity facilities or credit enhancements, as set forth below.

              4.This Standard formulates capital adequacy requirements that needs to be applied to all banks in UAE on a consolidated basis. Banks must apply the Central Bank securitisation framework for determining regulatory capital requirements on banking book exposures arising from traditional and synthetic securitisations or similar structures. Banks should consult with Central Bank when there is uncertainty about whether a given transaction should be considered a securitisation.

              5.The Standards follow the calibration developed by the Basel Committee, which includes a maximum risk weight of 1250%, calibrated on a total capital adequacy requirement of 8%. The UAE instituted a higher minimum capital requirement of 10.5% (excluding capital buffers), applicable to all licensed banks. Consequently, the maximum capital charge for a single exposure will be the lesser of the value of the exposure after applying valid credit risk mitigation, netting and haircuts, and the capital resulting from applying a risk weight of 952% (reciprocal of 10.5%) to this exposure.

            • II. Definitions

              In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, for this Standard, the following terms have the meanings defined in this section.

              1. a)asset-backed commercial paper (ABCP) program is a structure that issues commercial paper to third-party investors and is backed by assets or other exposures held in a bankruptcy-remote, special purpose entity;
              2. b)Clean-up call is an option that permits securitisation exposures to be called before all of the underlying exposures or have been repaid. In the case of a traditional securitisation, this generally is accomplished by repurchasing the remaining securitisation exposures once the pool balance or outstanding securities have fallen below some specified level. In the case of a synthetic transaction, a clean-up call may take the form of a clause that extinguishes the credit protection;
              3. c)credit enhancement is a contractual arrangement in which a bank or other entity retains or assumes a securitisation exposure and, in substance, provides some degree of added protection to other parties to the transaction;
              4. d)credit-enhancing interest-only strip is an on-balance sheet asset that (i) represents a valuation of cash flows related to excess spread, and (ii) is subordinated;
              5. e)early amortization provision is a mechanism that, once triggered, accelerates the reduction of the investor’s interest in the underlying exposures of a securitisation of revolving credit facilities and allows investors to be receive pay-outs prior to the originally stated maturity of the securities issued;
              6. f)excess spread (or future margin income) is total gross finance charge collections and other income received by the trust or special purpose entity (SPE) minus certificate interest, servicing fees, charge-offs, and other senior trust or SPE expenses;
              7. g)implicit support is support provided by a bank to a securitisation in excess of its explicit contractual obligations;
              8. h)originating bank is a bank that meets either of the following conditions with regard to a particular securitisation:
                1. a.the bank originates directly or indirectly underlying exposures included in the securitisation; or
                2. b.the bank serves as a sponsor of an asset-backed commercial paper conduit or similar program that acquires exposures from third-party entities; in the context of such programs, a bank would generally be considered a sponsor and, in turn, an originator if it, in fact or in substance, manages or advises the program, places securities into the market, or provides liquidity and/or credit enhancements;
              9. i)pool is the underlying exposure or group of exposures that are the underlying instruments being securitized; these may include but are not restricted to the following: loans, commitments, asset-backed and mortgage-backed securities, corporate bonds, equity securities, and private equity investments;
              10. j)resecuritisation exposure is a securitisation exposure in which the risk associated with an underlying pool of exposures is tranched and at least one of the underlying exposures is a securitisation exposure. In addition, an exposure to one or more resecuritisation exposures is a resecuritisation exposure. An exposure resulting from re-tranching of a securitisation exposure is not a resecuritisation exposure if the bank is able to demonstrate that the cash flows to and from the bank could be replicated in all circumstances and conditions by an exposure to the securitisation of a pool of assets that contains no securitisation exposures;
              11. k)securitisation is the creation of a contractual structure under which the cash flow from an underlying pool of exposures is used to service at least two different stratified risk positions or tranches reflecting different degrees of credit risk;
              12. l)securitisation exposure is a bank exposure to a securitisation, which may include but are not restricted to the following: asset-backed securities, mortgage-backed securities, repurchased securitisation exposures, credit enhancements, liquidity facilities, interest rate or currency swaps, credit derivatives, tranched cover, and reserve accounts, such as cash collateral accounts, recorded as an asset by the originating bank;
              13. m)securitisation of revolving credit facilities is a securitisation in which one or more underlying exposures represent, directly or indirectly, current or future draws on a revolving credit facility, including but not limited to credit card exposures, home equity lines of credit, commercial lines of credit, and other lines of credit;
              14. n)senior securitisation exposure is a securitisation exposure (such as a tranche) that is effectively backed or secured by a first claim on the entire amount of the assets in the underlying securitized pool. Different maturities of several senior tranches that share pro rata loss allocation shall have no effect on the seniority of these tranches, since they benefit from the same level of credit enhancement;
              15. o)Special purpose entity (SPE) is corporation, trust, or other entity organized for a specific purpose, the activities of which are limited to those appropriate to accomplish the purpose of the SPE, and the structure of which is intended to isolate the SPE from the credit risk of an originator or seller of exposures in a securitisation. Exposures commonly are sold to an SPE in exchange for cash or other assets funded by debt that is issued by the SPE;
              16. p)simple, transparent, and comparable (STC) securitisations are less-complex securitisations that meet the requirements for simplicity, transparency, and comparability specified in the Appendix below in this Standard;
              17. q)synthetic securitisation is a structure with at least two different stratified risk positions or tranches that reflect different degrees of credit risk where credit risk of an underlying pool of exposures is transferred, in whole or in part, through the use of funded instruments (e.g., credit-linked notes) or unfunded credit derivatives or guarantees (e.g., credit default swaps) that serve to hedge the credit risk of the portfolio, such that the risk to investors depends on the performance of the underlying pool;
              18. r)traditional securitisation is a securitisation that is neither a synthetic securitisation nor a resecuritisation; and
              19. s)Tranche is a set of securities issued as part of a securitisation with a common priority claim on a common underlying pool of assets or exposures.

              The Central Bank may modify these definitions pursuant to a circular or otherwise.

            • III. Operational Requirements for The Recognition Of Risk Transference

              • A. Operational Requirements for Traditional Securitisations

                6.An originating bank may exclude underlying exposures from the calculation of risk-weighted assets only if all of the following conditions for risk transference have been met.

                1. a.Significant credit risk associated with the underlying exposures has been transferred to third parties.
                2. b.Banks should obtain legal opinion that confirms true sale, that the transferor does not maintain effective or indirect control over the transferred exposures; that is, that the exposures are legally isolated from the transferor in such a way (e.g., through the sale of assets or through sub-participation) that the exposures are put beyond the reach of the transferor and its creditors, even in bankruptcy or receivership.
                3. c.The transferor is not able to repurchase from the transferee the previously transferred exposures in order to realize their benefits and is not obligated to retain the risk of the transferred exposures.
                4. d.The securities issued are not obligations of the transferor. Thus, investors who purchase the securities only have a claim on the underlying exposures.
                5. e.The transferee is an SPE and the holders of the beneficial interests in that entity have the right to pledge or exchange them without restriction.
                6. f.Clean-up calls satisfy the conditions set out in Section D below.
                7. g.The securitisation does not contain clauses that (i) require the originating bank to alter the underlying exposures such that the pool’s credit quality is improved unless this is achieved by selling exposures to independent and unaffiliated third parties at market prices; (ii) allow for increases in a retained first-loss position or credit enhancement provided by the originating bank after the transaction’s inception; or (iii) increase the yield payable to parties other than the originating bank, such as investors and third-party providers of credit enhancements, in response to a deterioration in the credit quality of the underlying pool.
                8. h.There are no termination options or triggers except eligible clean-up calls meeting the requirements of Section D below, termination for specific changes in tax and regulation, or early amortization provisions that result in the securitisation transaction failing the operational requirements set out in Section D below.
                9. i.Such other conditions as the Central Bank shall provide after notification to banks pursuant to a circular or otherwise.

                Banks meeting these above conditions must still hold regulatory capital against any exposure they retain under the securitisation.

                7.The transferor’s retention of servicing rights to the exposures does not in itself constitute indirect control of the exposures.

              • B. Operational Requirements for Synthetic Securitisations

                8.For synthetic securitisations, the use of credit risk mitigation (CRM) techniques (i.e., collateral, guarantees and credit derivatives) for hedging the underlying exposure may be recognized for risk-based capital purposes only if the conditions outlined below are satisfied:

                1. a.Credit risk mitigants comply with the requirements set out for CRM in the Central Bank’s Standard for Credit Risk.
                2. b.Eligible collateral is limited to that specified as eligible under in the Central Bank’s Standards for Credit Risk (eligible collateral pledged by SPEs may be recognized).
                3. c.Eligible guarantors are as defined in the Central Bank’s Standard for Credit Risk (SPEs are not considered to be eligible guarantors).
                4. d.Significant credit risk associated with the underlying exposures is transferred by the bank to third parties.
                5. e.Instruments used to transfer credit risk do not contain terms or conditions that limit the amount of credit risk transferred.
                6. f.The bank obtains a legal opinion that confirms the enforceability of the contract.
                7. g.Such other conditions as the Central Bank shall provide after notification to banks pursuant to a circular or otherwise.

                9.Clean-up calls for synthetic securitisations also must satisfy the conditions set out in Section D below. If a synthetic securitisation incorporates a call (other than a clean-up call) that effectively terminates the transaction and the purchased credit protection on a specific date, the bank should treat this as required under the Central Bank’s Standard for Credit Risk for CRM maturity mismatch. This requirement does not apply to synthetic securitisations that are assigned a risk weight of 1250%.

              • C. Operational Requirements for Securitisations Containing Early Amortisation Provisions

                10.A transaction is deemed to fail the operational requirements for traditional or synthetic securitisations stated above in this Standard if the bank originates or sponsors a securitisation transaction that includes one or more revolving credit facilities, and the securitisation transaction incorporates an early amortization or similar provision that, if triggered, would:

                1. i.Subordinate the bank’s senior or pari passu interest in the underlying revolving credit facilities to the interest of other investors;
                2. ii.Subordinate the bank’s subordinated interest to an even greater degree relative to the interests of other parties;
                3. iii.In other ways increases the bank’s exposure to losses associated with the underlying revolving credit facilities; or
                4. iv.Not satisfy any conditions as set by the Central Bank after notification to banks pursuant to a circular or otherwise.

                11.If a transaction contains one of the following examples of an early amortization provision but otherwise meets the operational requirements for traditional or synthetic securitisations stated above in this Standard, the originating bank may exclude the underlying exposures associated with such a transaction from the calculation of risk-weighted assets, but must still hold regulatory capital against any securitisation exposures they retain in connection with the transaction:

                1. a.Replenishment structures where the underlying exposures do not revolve and early amortization terminates the ability of the bank to add new exposures;
                2. b.Transactions with revolving credit facilities containing early amortization features that mimic term structures (i.e., where the risk on the underlying revolving credit facilities does not return to the originating bank) and where the early amortization provision does not effectively result in subordination of the originator’s interest;
                3. c.Structures where a bank securitizes one or more revolving credit facilities and where investors remain fully exposed to future drawdowns by borrowers even after an early amortization event has occurred; or
                4. d.The early amortization provision is triggered solely by events not related to the performance of the underlying assets or the selling bank, such as material changes in tax laws or regulations.
              • D. Operational Requirements and Treatment of Clean-Up Calls

                12.For securitisation transactions that include a clean-up call, no capital shall be required due to the presence of a clean-up call if the following conditions are met:

                1. a.The exercise of the clean-up call is not mandatory, in form or in substance, but rather is at the discretion of the originating bank;
                2. b.The clean-up call is not structured to avoid allocating losses to credit enhancements or positions held by investors or otherwise structured to provide credit enhancement; and
                3. c.The clean-up call is exercisable only when 10% or less of the original underlying portfolio or securities issued remains, or, for synthetic securitisations, when 10% or less of the original reference portfolio value remains.
                4. d.Such other conditions as the Central Bank shall provide after notification to banks pursuant to a circular or otherwise.

                13.Securitisation transactions that include a clean-up call that does not meet all of the criteria stated in the immediately preceding paragraph result in a capital requirement for the originating bank. For a traditional securitisation, the bank must treat the underlying exposures as if they were not securitized. Additionally, banks must not recognize in regulatory capital any gain on sale. For synthetic securitisations, the bank purchasing protection must hold capital against the entire amount of the securitized exposures as if they did not benefit from any credit protection.

                14.If a clean-up call, when exercised, is found to serve as a credit enhancement, the exercise of the clean-up call must be considered a form of implicit support provided by the bank, and must be treated as such in accordance with the requirements related to implicit support stated below in this Standard.

              • E. Operational Requirement for UAE Originating Banks

                15.The following types of securitisations, if the originating bank is UAE based, will only be permitted in specific instances and require the Central Bank’s approval:

                1. a.securitisation of revolving credit facilities
                2. b.synthetic securitisation
                3. c.resecuritisation exposure
            • IV. Due Diligence Requirements

              16.A bank must meet all the requirements listed below to use any of the approaches specified in the Standard. If a bank does not perform the level of due diligence as described in this section, it must then assign a 1250% risk weight to any securitisation (or resecuritisation) exposure.

              17.On an ongoing basis, the bank must have a comprehensive understanding of the risk characteristics of its individual securitisation exposures, whether on- or off-balance sheet, as well as the risk characteristics of the pools underlying its securitisation exposures. The extent of a bank’s due diligence should be appropriate to the nature and complexity of the bank’s securitisation related exposures. The bank should have in place effective internal policies, processes, and systems to ensure that the necessary due diligence activities are performed and should be able to demonstrate to the Central Bank that the due diligence analysis conducted is appropriate and effective.

              18.Banks must be able to obtain performance information on the underlying pools on an ongoing basis in a timely manner. Such information may include, as appropriate: exposure type; percentage of loans 30, 60 and 90 days past due; default rates; prepayment rates; loans in foreclosure; property type; occupancy; average credit score or other measures of creditworthiness; average loan-to-value ratio; and industry and geographical diversification. For resecuritisations, banks should have information not only on the underlying securitisation tranches, such as the issuer name and credit quality, but also on the characteristics and performance of the pools underlying those securitisation tranches.

              19.A bank must have a thorough understanding of all structural features of a securitisation transaction that would materially affect the performance of the bank’s exposures to the transaction, such as the contractual waterfall and waterfall-related triggers, credit enhancements, liquidity enhancements, market value triggers, and deal-specific definitions of default.

            • V. Treatment Of Securitisation Exposures

              • A. Calculation of Exposure Amounts and Risk-Weighted Assets

                20.For regulatory capital purposes, the exposure amount of a securitisation exposure shall be calculated as the sum of the on-balance sheet amount of the exposure, or carrying value – taking into account purchase discounts and write-downs or specific provisions the bank took on this securitisation exposure – and any off-balance sheet exposure amount as applicable, in accordance with the requirements in the following paragraphs.

                21.For credit risk mitigants sold or purchased by the bank, the exposure amount should be determined using the treatment of credit risk mitigation set out below in the section on treatment of credit risk mitigation in this Standard. For all off-balance-sheet facilities that are not credit risk mitigants, the bank should apply a credit conversion factor (CCF) of 100%.

                22.For securitisation-related derivatives other than credit risk derivatives (such as interest rate or currency swaps sold or purchased as part of the securitisation), the Central Bank’s Standard on Counterparty Credit Risk should be used to calculate the exposure amount.

                23.Banks shall compute the risk-weighted asset amount for a securitisation exposure by multiplying the exposure amount as defined in this section by the appropriate risk weight determined under one of the approaches discussed below in this Standard. Risk weight caps may apply, as described in the this Standard on risk-weight caps for securitisation.

                24.Banks may adjust risk weights for overlapping exposures. An exposure A overlaps another exposure B if in all circumstances the bank can avoid any loss on exposure B by fulfilling its obligations with respect to exposure A. A bank may also recognize overlap between relevant capital charges for exposures in the trading book and securitisation exposures in the banking book, provided that the bank is able to calculate and compare the capital charges for the relevant exposures.

                25.Banks must deduct from Common Equity Tier 1 any increase in equity capital resulting from a securitisation transaction, such as a gain on a sale associated with expected future margin income.

              • B. Approaches for Risk-Weighted Assets