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Agile                                    May
                                         2009




                     FINANCIAL TIMES




Investment Management
        Outlook
                Middle East and Africa


CUSTOMER SPOTLIGHT
Increasing Market Share
for Apollo DKV

PERSPECTIVE

Islamic Insurance
in the Middle East

ARTICLE

The Aftermath of the
Economic Crisis
May 2009




Editor’s Note
Greetings!

In our quest to serve those who conserve capital
and grow wealth, we are pleased to provide our
views on the investment and wealth management
outlook in the Middle East & Africa and a
perspective on Takaful Insurance in the Middle
East.
                                                                               CONTENTS
As I write, we are at the Annual BancAssurance
Conference in Vienna, Austria to exchange views
with industry leaders on this growing channel. Agile FT is sponsoring the
Conference and presenting a paper on ‘Making BancAssurance Agile’!             CUSTOMER SPOTLIGHT
What is most exciting about BancAssurance is how it brings bankers and
                                                                               Increasing Market Share
insurers together and this assembly is truly a meeting of minds as all sides
                                                                               for Apollo DKV          4
unanimously agree on the role of technology as a key enabler. Our AGILIS
BancAssurance platform is being so well received that we decided to
feature the same in this month’s Solution Spotlight.                           COVER STORY

                                                                               Investment Management
We are passionate about innovation and feel a sense of great pride when
                                                                               Outlook: ME and Africa 7
our clients use our technology to innovate a business model. Apollo-DKV
Health Insurance Company shares its experience on the use of Agilis and
how they were able to leverage technology to increase their sales through      ARTICLE
portals like MakeMyTrip.com.
                                                                               The Aftermath of the
                                                                               Economic Crisis         10
We invite you to read Vikas Tandon’s perspective on Customer Privacy in
the face of increasing Anti-Money Laundering scrutiny. Vikas Tandon is the
Joint General Manager and Money Laundering Reporting Officer at ICICI
                                                                               INSIGHT
Bank.
                                                                               Customer Privacy
                                                                               Regulation              15
A new and exciting addition this month is a contribution from our Chairman,
Andrew Krieger, a well known luminary from the financial world. He shares
an insider’s view on the aftermath of the economic crisis. You will get a
                                                                               PERSPECTIVE
sense of déjà vu as we are taken down memory lane right from the Great
                                                                               Islamic Insurance in the
Depression and are told that a cheery investment outlook awaits us in the
near future.                                                                   Middle East              17
We hope that you enjoy this edition and continue to write in with your
                                                                               SOLUTION SPOTLIGHT
feedback. Here’s wishing everybody a great month ahead.
                                                                               AGILIS Bancassurance 20
Be Agile!

                                                                               PARTNER SPOTLIGHT
Shefali Khera
Chief Marketing Officer                                                        Expansion in Sub-
Write to us at info@agile-ft.com
                                                                               Saharan Africa          22
CUSTOMER SPOTLIGHT




                                        Increasing
                                        Market Share
                                        for Apollo DKV
                                        This meeting of minds has given birth to a new era in health
      Apollo DKV Health Insurance       insurance in India, bringing with it the double protection of
                                        preventive health added to insurance cover. It is a venture to
           Company, the association     bring in a paradigm shift in health insurance from ‘post care’
                                        to ‘prevention and wellness’. This ultimately is the core of
         between Apollo Group and       the Apollo DKV’s unique brand positioning - ‘Lets Stay
                                        Healthy’.
     Deutsche Krankenversicherung
                                        Towards this attempt, it has implemented AGILIS, an
    (DKV) AG, is a strategic alliance   integrated web-based software offered by Agile FT.

           to meet common goals in      Through AGILIS, Apollo DKV has been able to sign up
                                        new customers thereby gaining incremental revenue. It has
     healthcare and health insurance.   also achieved fast turn-around-time, a critical success factor
                                        in the travel insurance industry.

                                        Apollo DKV has provided Indian domestic/international
            It complements Apollo’s     travellers a powerful on-line tool by which they can purchase
                                        travel insurance in a variety of ways. Corporate customers
      philosophy of ‘prevention and     can issue policies at their end from the corporate portal.
                                        Travellers can purchase their insurance policies either from
      wellness’ and DKV’s dedicated     travel agents who have been given access to AGILIS or from
                                        travel portals like MakeMyTrip.com. Branch office
    mission of ‘providing affordable    employees of Apollo DKV at branch office can issue
                                        insurance policies to walk in customers from the employee
     and innovative health insurance    portal. In all cases, the insurance policy is immediately
                                        processed, can be printed and made available to the
                          solutions’.   customer in real time.

                                        Health insurance is a highly competitive line of business
                                        since it is a part of every general insurance company’s
                                        portfolio. Travel insurance forms an integral part of the
                                        health insurance portfolio. Travel is a high-growth segment
                                        with international leisure travel expected to grow three times
                                        while the domestic travel market is currently growing at
                                        about 35%. The value of the Indian travel insurance
                                        industry is estimated to be $236 million in 2009, according

4
CUSTOMER SPOTLIGHT




to Euromonitor International.

Domestic and international air travellers typically buy
insurance cover after they have purchased their travel tickets.
This is usually at the proverbial last minute when they have
very little time to seek an agent and buy travel insurance.
Even if they find a travel agent or visit a general insurance
company, it normally takes a few hours before the policy
                                                                                                            Krishnan
document is provided.
                                                                                                            Ramachandran,
                                                                                                            Chief Operating
In addition, the application forms are time consuming with
                                                                                                            Officer, Apollo
details such as medical history, passport and other
                                                                                                            DKV, shares
identification details to be filled. This affects the turn-
                                                                                                            his views
around-time, a factor that is critical for the success of the
                                                                                                            exclusively with
business, as well as the convenience of purchasing the
                                                                                                            Agile Financial
insurance cover.
                                                                                                            Times.
Background

In its endeavour to become a first-choice partner in the          What is your vision for Apollo DKV?
health care sector, Apollo DKV is determined to
increasingly automate processes, reduce human intervention        Apollo DKV was licensed by the regulator in August 2007
and increase quality and speed. Apollo DKV currently offers       and launched its first product in November 2007 on the
several insurance plans - Easy Health Insurance, Personal         retail side. We now offer a bucket of products in areas
Accident Insurance and Easy Travel Insurance.                     such as health, travel and personal accident insurance
                                                                  for both retail and corporate and our goal is to become a
It chose Agile FT as its partner to automate its Easy Travel      health insurer of choice.
Insurance Plan, a Short-Term travel insurance plan, with the
main target population being young people who are very            At Apollo DKV, our core philosophy is ‘manage health’
familiar with the existing travel insurance schemes available     and our vision is to become a significant player in the
in the market. The Individual Travel Insurance Plan covers        health insurance industry, with our value proposition
an individual of age between 6 months up to 70 years,             being the ability to combine health care access and
against any medical or non-medical emergency while                delivery.
travelling and is valid for a specific number of days. Apollo
DKV offers the Easy Travel Insurance Plan in four different       What is the rationale behind the on-line health
ways:                                                             initiative?

   A secure travel insurance portal through which                 Very few insurance companies currently offer on-line
   corporate customers can issue their own policies. The          health insurance with processes automated from
   issuing company has to maintain a deposit with                 application to policy distribution. By providing this
   Apollo DKV, which gets debited every time a new policy         service, we have actually been able to increase the
   is issued.                                                     market size of the insurance industry as this user-friendly
                                                                  facility has roped in many first-time customers, many of
   Through the Agents Portal for travel agents.                   whom have now made it a practice to purchase
                                                                  insurance on-line whenever they travel, which is
   Through travel ticketing websites like MakeMyTrip.com,         something they would not have thought of earlier.
   where travellers can buy the insurance policy along with
   the air ticket by just click-checking a box.                   What was the main reason for selecting Agile FT?

   Through branches which provide service to walk-in              We chose Agile FT as a partner as they possessed both,
   customers.                                                     the technology expertise as well as people who had a
                                                                  deep knowledge of the insurance industry. Agile FT
The policy is valid either for the duration of the round trip     offered us a blend of technology and domain expertise
travel or 30 days from the date of booking. The decision to
use travel web sites as a distribution channel was to provide     Without AGILIS we would not have been able to enter
an extended solution to airline clients. This has given the       into a partnership with MakeMyTrip.com.
company a new dimension to the already existing on-line
airline booking system.

                                                                                                                                5
CUSTOMER SPOTLIGHT




    While the primary focus of travel agents is on overseas          not they would like to purchase an insurance policy. It also
    travellers, the focus of MakeMyTrip.com is on domestic as        includes the facility of emailing the policy to the subscriber’s
    well as international travellers.                                email address.

                                                                     The back end runs a validation engine and checks the
    Supplier Selection
                                                                     information (such as age, length of travel, countries of
    During the launch of the Easy Travel Insurance Plan,             travel) of the traveller. Most of the information is picked up
    Apollo DKV had time constraints and was unable to                from the data provided on the tickets and compared to set
    custom-build a solution to cater to the travel insurance         values. For example, the Easy Travel Insurance Plan is only
    product. The company was therefore seeking an ‘off-the-          provided to customers who are less than 70 years old.
    shelf ’ product. “We already had a system in place which we      Anyone at and above the age has to go through the
    customised to suit our business needs. We decided to go for      underwriting process by visiting an Apollo DKV office.
    AGILIS since there was no time to add a separate module to
    the existing one,” says Ravinder Zutshi, Chief Technology        After the validation, the application is passed through a
    Officer, Apollo DKV.                                             payment gateway, where the payment is extracted from the
                                                                     customer’s credit card. In case of cancellation of a policy,
                                                                     the refund is made to the customer using the same forms,
                                                                     while the final transaction is settled between the travel
          “We chose Agile FT as they                                 agents or MakeMyTrip.com and Apollo DKV at the
                                                                     company’s website.
       possessed both, the technology
                                                                     Business Benefits
       expertise as well as people who
                                                                     Within a few months of the launch of AGILIS, Apollo
         had a deep knowledge of the                                 DKV received encouraging feedback from travel agents as
                                                                     they found the product easy to use. Their feedback has been
                   insurance industry.”                              that AGILIS is customer friendly, easy to integrate into the
                                                                     existing system, cost-effective and performs well on
                                                                     underwriting and claims.

                      - Krishnan Ramachandran                        AGILIS also helped Apollo DKV decrease the turn-around-
                                                                     time for issuing a policy to 2 minutes as compared to 15
                         Chief Operating Officer                     minutes earlier. Purchasing travel insurance was suddenly
                                                                     made very simple for travellers who were earlier used to
                                  Apollo DKV                         filling out lengthy application forms. For travellers who fit
                                                                     the policy underwriting criteria, all they have to do is to fill
                                                                     in their personal information on-line and the policy
                                                                     document is sent to their email account, without any human
    A key differentiator that separates Agile FT from its            intervention.
    competitors is its domain knowledge. Apollo DKV selected
    AGILIS over similar products because of Agile FT’s proven        Apollo DKV garnered significant incremental business with
    expertise and domain knowledge of the insurance sector.          the addition of MakeMyTrip.com as a sales and distribution
                                                                     channel, especially because it was one of the early movers.
                                                                     The unique feature of this channel is that it creates an
    Technology
                                                                     impulsive buying decision for the travel portal user who can
    AGILIS is an integrated on-line IT solution designed to          avail an insurance policy by just click-checking a box.
    automate all the functions of a general insurance company.
    It acts as a decision support system for underwriting, claims,   Conclusion
    reinsurance and accounting and, as a result, directly
    enhances the business processes of an insurance company.         Apollo DKV gained significant benefits due to the AGILIS
    The solution is flexible in terms of defining new or revising    implementation. In addition to simplifying internal
    existing insurance products and facilitates dynamically          processes, using AGILIS also reduced the turn-around-time
    altering the process in time with the market conditions.         for the issuance of policies, thereby setting an industry
    AGILIS has the ability to cater to all classes of the general    benchmark which few insurance companies have achieved.
    insurance business.                                              Being one of the early movers in providing travel insurance
                                                                     policies in real time gave the company a substantial
    The front end interface is used to provide a choice to           advantage over competition and helped it to increase
    travellers booking through MakeMyTrip.com of whether or          incremental revenues significantly.

6
Investment
It seems ironical to talk about
         investment and wealth
 management, when so many
mammoth organisations have
                                  Management
 collapsed and high net worth
 individuals (HNIs) have seen
  their net worth eroded in the

                                  Outlook
    span of just a few months.

        As we all know, the US
   downturn triggered a global
                                  Middle East and Africa
 slowdown during the second
    half of 2007, which quickly
                                  In early 2008, large US corporations began filing for bankruptcies, which severely
spread to the other developed
                                  impacted their global operations. With mass unemployment across the globe, the
  regions as well. At the same    scenario worsened in the second half of 2008 and as yet, 2009 does not appear
    time, emerging economies      to be doing any better.
 continued to grow, albeit at a
                                  Countries within the Middle East and Africa were relatively well sheltered during
                   slower pace.
                                  the second half of 2007 largely on account of the then-rising prices of
                                  commodities and natural resources. Africa additionally benefited from a
                                  liberalised economy attracting higher foreign direct investment (FDI) to propel
                                  growth. Wealth creation in both these regions reached record highs. According
                                  to a 2008 BCG report on Wealth Management, assets under management (AUM)
                                  in Middle East and Africa grew at a rate of 8.6 per cent versus the worldwide
                                  growth rate of 4.9 per cent in 2007. The World Wealth Report published by
                                  Capgemini and Merrill Lynch in 2008 mentions that the HNI population within
                                  Middle East and Africa experienced the highest growth rates of 15.6 per cent and
                                  10 per cent respectively in 2007. Compared to this, the worldwide HNI
                                  population in 2007 grew only by 6 per cent in that year.

                                  While the financial crisis took its toll on most countries, the impact on emerging

                                                                                                                       7
COVER STORY




    nations was especially significant, since they were highly        Sharp Shock’, forecasts a speedy recovery for the Middle
    dependent on the US and other developed countries for             East during 2010. According to the report, the price of West
    foreign investments as well as exports. The impact on wealth      Texas Intermediate (WTI), which is a benchmark for oil
    markets in Middle East and Africa has been quite severe.          prices, will hover around approximately $60 per barrel in
    The Gulf Co-operation Council (GCC) stock markets                 2009 and the production of oil will drop by 3 million barrels
    collectively lost more than $600 billion in market                per day. In 2010, as the demand for oil increases and the
    capitalisation during 2008. Local exchanges in Dubai and
    Egypt were down more than 50 percent in 2008. The wealth
    erosion across both regions was primarily led by:
                                                                      In the absence of a major
       Declining commodity prices: In July 2008, crude oil
                                                                      black swan event, the
       prices declined by almost 70 per cent from a peak of
       $147 per barrel. The Middle East region with the largest
                                                                      demand-supply equation is
       crude oil reserves in the world, had to cut production
       due to decline in demand. Many mines in Africa closed
                                                                      bound to ensure prosperity
       down operations as the demand for commodities
       declined significantly. Prices of copper and cobalt
                                                                      within these regions.
       dropped to one-third of their peak-2007 prices.

       Declining foreign investments: There has been a
       decline in FDI in these regions owing to the economic
       slowdown and a current negative outlook towards the            global economy starts to recover, there will be a marginal
       region. According to UNCTAD, FDI in the Middle East            price recovery of oil, up to $75 per barrel. The report
       fell by 21 per cent in 2008, resulting in delays and           reflects the consensus on a growth decline in 2009 for the
       cancellations of infrastructure projects that were heavily     GCC countries - GDP growth in 2009 to decline by 20 per
       dependent on FDI. In six of the largest countries in           cent over to $835 billion from $1.1 trillion in 2008, and the
       North Africa, FDI fell by 5.2 per cent in 2008 to $21.3        current account surplus to fall to zero as compared to $350
       billion.                                                       billion in 2008. In 2010, however, the GDP is expected to
                                                                      grow by 20 per cent to over $1 trillion.
       Credit crunch and liquidity pressure: In both Middle
       East and Africa, the lack of liquidity resulted in a loss of   Implications for Investment Management
       confidence amongst lenders and borrowers. As lenders
       became more stringent with respect to borrowing                The implications of all this for the investment management
       norms, the number of loans accessed by the public              industry in Middle East and Africa are far-reaching. Growth
       declined.                                                      in wealth is the leading indicator rather the leading driver for
                                                                      the wealth management industry. Therefore, while 2009 will
                                                                      be a watershed year for the industry globally, the key for
    Recovery Expected Post-2009
                                                                      investment managers will be to maintain competitive
    However, the good news is that despite falling growth rates,      positioning to garner growth opportunities on market
    both regions are widely expected to still keep growing.           recovery.
    According to an IMF forecast, the GCC economy is
    expected to expand by 3.5 per cent in 2009 as compared to         There is every reason to believe that the attractiveness of the
    6.8 per cent last year. Another forecast by the World Bank        Middle East and Africa as destinations for wealth
    (report on Global Economic Prospects) pegs the regional           management will continue post 2009. The prime reason is
    growth in the Middle East (including GCC and other                the already-existing wealth base, both at the retail level as
    countries as well) to slow down to 3.9 per cent in 2009 from      well as at the sovereign level. The existing reserves of
    5.8 per cent in 2008. The underlying assumption is that           financial assets can be leveraged effectively for fuelling
    commodity prices will definitely not go down further and          investments in prime projects, especially in infrastructure.
    crude especially is expected to recover to $65-70 per barrel      For instance, UAE alone has reserves of $350 billion versus
    by the end of 2009.                                               obligations of $10 billion in sovereign debt, and $70 billion
                                                                      owed by affiliated companies.
    Looking beyond 2009, the prospects appear to improve
    dramatically for these regions. While there is a general          The confidence in the African markets is evident from the
    consensus on the global economic environment improving            number of private equity (PE) companies which are
    in 2010, indications are that the turnaround will be much         continuing to set up shop there. For instance, Kingdom
    quicker in Middle East and Africa.                                Zephyr Africa Management and Aureos Advisers (both PE
                                                                      players) have announced that they will continue to raise
    A recent MEED (Middle East Events) report titled ‘A Short,        capital for their respective PE funds, as they continue to see

8
COVER STORY




                                                                    Growing maturity of investor culture: The investor
                                                                    culture is gaining ground in these regions. Mature
                                                                    investors have a better understanding of the
                                                                    complexities of wealth products and services, which acts
                                                                    a driver for further growth of the investment
                                                                    management industry.

                                                                 Some of the inherent challenges that countries within these
                                                                 regions face and will have to ultimately overcome to sustain
                                                                 and increase growth, include:

                                                                    Scarcity of experienced local finance professionals:
                                                                    Finance professionals are needed for the growth of
                                                                    investment management within these regions. Due to the
                                                                    geopolitical risks in these countries, professionals from
opportunities in the African continent. They expect Africa          developing nations are often unwilling to relocate to the
to recover more quickly than the other emerging countries,          Middle East.
as Africa has been one of the fastest growing regions within
the emerging economies. As for the Middle East, in the              Nascent stage of some African markets: Although
recent past, several international investment outfits (such as      the African region opened up its economy to foreign
ING IM, Insparo Asset Management, Australia’s Macquarie             investment and trade in 2007 to an extent (and as a result
Group among others) have either set up or are in the process        experienced significant economic growth), it still has a
of setting up offices in the Middle East.                           long way to go in relaxing norms that erstwhile did not
                                                                    allow foreign inflows. By doing this the region will attract
Further, there are several strong fundamental drivers which         hefty foreign investments. Further, the turbulent political
will help these economies recover and grow:                         landscape in various parts of Africa could significantly
                                                                    impede growth.
   Diversification of sources of income: The countries
   within Africa and ME have been investing in other                High expectations of HNI investors: HNIs have
   sectors to diversify and reduce dependence on a single           become very sophisticated in terms of their financial and
   commodity or natural resource. For instance, tourism             investment needs and seek comprehensive wealth
   has been a growth sector in the GCC and its share in the         management services from trusted advisors. Clients not
   GDP is expected to go up further. As these economies             only expect advice on investments but also expect
   diversify, there will be significant growth opportunities        advisors to be able to understand the larger picture
   which will be tapped by investors.                               which encompasses personal and professional
                                                                    investment goals. Wealth managers therefore have to
   Rapid growth of Islamic finance: Financial services              gear up to ensure these demands are adequately serviced.
   in the Middle East and some parts of Africa will be
   driven by growth in Islamic finance. Shari’a compliant        The long-term outlook on commodities, which is a key
   financial services are expected to grow due to several        economic driver in both these regions, is positive. Especially
   factors such as high availability of sophisticated Shari’a    given that the take-up on alternative energy sources is still
   compliant products, increase in the number of                 low, the dependence on non-renewable energy sources will
   institutions offering these products and the formation of     continue to be high. Therefore, in the absence of a major
   regulatory bodies to provide the necessary regulatory         black swan event, the demand-supply equation is bound to
   oversight. According to a report by Oliver Wyman,             ensure prosperity within these regions.
   Islamic finance (worldwide), although in its nascent
   stage, has grown by over 20 per cent over the last few        According to a Standard and Poor’s survey of fund
   years. Its current assets are estimated to be in the range    managers in the Middle East and North Africa, although a
   of $700 billion to $1 trillion. The report estimates these    continued downward pressure on markets is expected in the
   assets to grow to over $1.6 trillion by 2012, with a          short term, fund managers are very positive about the
   significant chunk of the contribution expected from the       medium to long term outlook for these markets. They
   Middle East and Africa.                                       expect growth to be driven by domestic investors such as
                                                                 sovereign wealth funds. Further, the increase in investments
   Liberalisation of financial markets: The opening up           in infrastructure-related projects will see more foreign
   of both the Middle East and the African markets has           capital flowing in. The result of the increase in individual
   spurred growth in these regions. Africa is continually        and state-owned wealth will see an increase in demand for
   introducing reforms to make the environment business          investment management.
   friendly and attractive to foreign investment.

                                                                                                                                   9
ARTICLE




                                                                     The Aftermath
                                                                     of the
                                                                     Economic
                                                                     Crisis
                                                                     Andrew Krieger
                                                                     Chairman, Agile Financial Technologies

     Having been violently shoved to the edge of the abyss, the      a huge blunder and they knew it almost immediately. Leaders
     global financial system has gone through an amazing two-        of the G20 were then faced with a daunting choice - either
     year period. During the summer of 2008, the world’s             sit by idly and watch the demise of the global financial
     financial markets were becoming progressively unstable as       system or take drastic measures to forestall its final death by
     the magnitude of the balance sheet problems among leading       throwing vast amounts of money at the problem. It was a
     banks, brokerage firms and insurance companies was              big gamble, but the leaders didn’t really have much of a
     starting to sink in. One firm after another announced multi-    choice except to start pumping in money. They needed to try
     billion dollar losses resulting in plummeting investor          to buy enough time for the world’s biggest financial
     confidence. The entire system was already in a very             institutions to get back on their feet and start operating in a
     vulnerable condition when talk of major liquidity issues at     more healthy fashion.
     Lehman Brothers started to filter through the market. When
     it became apparent that Lehman’s problems were real, the        The gamble seems to be working so far, but the long term
     U.S. authorities surprisingly decided not to step in and        ramifications of these measures will last for generations.
     intervene.                                                      Therefore it is incumbent on us to understand more fully the
                                                                     consequences of the policy shifts that have taken place.
     Their decision was clear -- Lehman was not too big to fail -
     - and on September 15, 2008 Lehman Brothers announced           In order to get a handle on the magnitude of the current
     that it would seek Chapter 11 bankruptcy protection. The        economic weakness let’s consider some of the following
     already unstable markets became uncontrollable. The             facts. The U.S. economy, far and away the largest in the
     brewing crisis took on a new dimension once this venerable      world, shrank by 6.3% and 6.1% in the last quarter of 2008
     institution, formed in 1850, was forced to close down.          and the first quarter of 2009, respectively. These are the
     Lehman was a major player in essentially all the global         worst numbers in over fifty years. U.S. unemployment now
     markets and their bankruptcy sent violent shockwaves            stands at 8.5% and is on its way to double-digit levels, but
     around the world and brought the global financial system to     this number grossly understates the true state of affairs.
     its knees.                                                      Roughly 5% of the workforce is considered permanently
                                                                     unemployed, which means they are no longer even seeking
     Whatever remaining trust banks held for one another             jobs so they don’t even show up in the statistics. The
     evaporated as they worried about what toxic time bombs          economy’s weakness has been widespread, with a collapse in
     might lay hidden in their counterparties’ balance sheets.       consumer demand, manufacturing, inventories, and home
     Interbank lending shut down and credit markets froze.           sales all showing up in the data. Optimists look at the drop
     Global liquidity dried up and the system was teetering at the   in inventories as a sign that growth will bounce back in the
     edge of a bottomless ravine. The U.S. authorities had made      form of increased production when sales demand finally

10
ARTICLE




picks up. But when will this demand pick up, and how strongly? The pace of
the decline in manufacturing, housing, exports, and factory orders is slowing,
but the numbers are alarming. Property values continue to drop. In many areas
the pace of decline has slowed, but in others, such as New York City, the drop
is actually accelerating. Prices in New York City have fallen by about 25% in the
past several months and more weakness is predicted.

The U.S. is hardly alone in its suffering. Global growth this year will be negative,
probably to the tune of 1.5%. Data from Asia is very weak, with export-
dependent nations showing the largest drops in export data in over half a
century. Japan’s economy, the second largest in the world, will be down
approximately 3.3% and China’s growth has slowed sharply despite massive
fiscal spending packages. Europe is likewise suffering, and in some instances, it
is actually in worse shape than the U.S.

Eastern Europe is performing terribly and Western Europe is posting very
weak numbers. For example, German GDP is growing at roughly -6%, and
Spain’s economy has fallen sharply, showing 17% unemployment today, on the
way to 20%+. Banks in Europe are under tremendous pressure and liquidity
remains very poor. In the bigger picture, bear in mind that Japan has now
suffered through nearly two decades of moribund economic activity and it is
only because of their extremely high personal savings and investments that they
have been able to cope with this extended economic malaise. This protracted
slowdown created a number of “zombie” banks and this is something the U.S.
and European authorities desperately want to avoid.

On the other hand, while the numbers are bad, they aren’t nearly as catastrophic
as those experienced by the U.S. during the Great Depression. From 1929 until
1933 total output in the economy dropped by 42%. Unemployment peaked at                Andrew J. Krieger began his
roughly 25% and consumer prices dropped by about 25%. Hardship within the
                                                                                       meteoric rise on Wall Street at
U.S. was truly horrible, but the impact extended globally. European economies
                                                                                       Salomon Brothers in 1984,
were weakened for years. The UK economy, for example, didn’t bottom out
until 1932, and the French economy didn’t fully crater until 1935.                     then at Soros Fund
                                                                                       Management, after which he
In terms of understanding where we are today, however, we need to bear in
                                                                                       moved to Banker’s Trust in
mind that most of the economic damage during the Depression was due to
                                                                                       1986. He holds a BA in
severe weakness in the banking system - weakness largely due to the fact that
many of these banks were not following sound lending practices and had                 Philosophy (Magna Cum
speculated too heavily in the 1920’s. As overall confidence collapsed, the banks       Laude, Phi Beta Kappa,1978);
were not spared, and thousands of banks were forced to close. The entire
                                                                                       MBA in Finance from the
period from 1930 until 1933 was marred by runs on multiple banks.
                                                                                       University of Pennsylvania; and
In January, February, and March of 1933 (the months leading up to the                  an MA in South Asian Studies.
inauguration of Franklin D. Roosevelt) the run on the U.S. banks reached               Andrew has authored the book,
shocking proportions. By the time FDR took the oath of office on March 4,
                                                                                       “The Money Bazaar” in 1992,
1933, Americans were in a state of panic. Banks were failing every day and
                                                                                       and has been a contributing
people clamored to withdraw their money. Ordinarily they would have accepted
paper money in the form of gold certificates, but people feared that the               Columnist for Forbes and
government might resort to printing worthless money to meet the massive                Forbes Global. He co-chairs
withdrawal requests. They didn’t want paper. They wanted gold. To make
                                                                                       the Microcredit Summit Council
matters worse, people who had gold certificates rushed to redeem them for real
                                                                                       of Banks and Commercial
gold.
                                                                                       Financial Institutions and is
In 1933, the U.S. government defined the dollar as being worth precisely 23.22         Founder CEO of IMGE
grains of gold. Since there are 480 grains to a troy ounce, this works out to
                                                                                       Emergency Relief Fund and
about $20.67 per troy ounce. This meant that if you had a $20 gold certificate,
                                                                                       MD of Access Capital
you could redeem it for roughly 1 troy ounce of gold. Each certificate bore this
solemn statement: “This certifies that there have been deposited in the                Management.
                                                                                                                         11
ARTICLE




     Treasury of the United States Twenty Dollars in Gold Coin         being strictly separated from one another. Another reform
     payable to the bearer on demand.” There are two promises          was the creation of the FDIC, the entity which insures banks
     here: First, the gold is there waiting for you. Second, you’ll    deposits in the U.S.
     get the gold when you demand it. So in March of 1933,
     thousands of people decided to make the government                The Glass-Steagall Act survived for over sixty six years
     honor its commitment, but they quickly learned that the           before it was repealed in 1999. The basic premises
     Treasury was not standing by its promise. Just two days after     underlying the Act are important to consider. Among them
     his inauguration, President Roosevelt ordered a “bank             is the fact that conflicts of interest characterize the granting
     holiday”, closing all the banks in the country from Monday,       of credit (lending) and the use of credit (investing) within
     March 6 through Thursday, March 9. He proclaimed that             the same institution. Conflicts arise when the same
     there was a “national emergency” caused by “heavy and             institution does both, so the law was designed to prevent
     unwarranted withdrawals of gold and currency” for the             potentially abusive practices. In addition, depository
     purpose of “hoarding.” In this case, “hoarding” simply            institutions are deemed to have great power by virtue of the
     meant that people wanted to hold on to their own money,           fact that they are handling other people’s deposits, and this
     but Roosevelt, eager to blame the government’s woes on the        power must be held in check. In particular, it was felt that
     people’s vices, used the term “hoarding” to make it seem like     bank managers must be required to be conservative,
     evil behavior. After virtually no debate, on March 9 the          prudent, and protective of the customers’ funds.
     Senate passed the Emergency Banking Act, which gave the           Encouraging - or even allowing - banks to engage in
     Secretary of the Treasury the power to compel every person        speculative activities could potentially endanger the security
     and business in the country to relinquish their gold and          of the institution and imperil depositor’s cash. Securities
     accept paper currency in exchange. The next day, Roosevelt        activities can be highly risky and volatile, so the logic was
     issued Executive Order No. 6073, forbidding people from           that these activities belonged outside of the banking system.
     sending gold overseas and forbidding banks from paying out        Moreover, there was (and still is) no evidence that banks are
     gold. This was quite a first week in office, but there was        particularly good at taking speculative positions and
     much more to follow. On April 5, Roosevelt issued                 managing risky portfolios, so the separation seemed to be a
     Executive Order No. 6102 which enabled the government to          logical step. Thus, the wall between commercial and
     confiscate everybody’s gold. The order commanded the              investment banks was erected.
     populous to deliver their gold and gold certificates to the
     Federal Reserve Bank where they would be paid in paper            This separation was challenged may times, but not until the
     money. U.S. Citizens could keep up to $100.00 in gold, but        passage of the Gramm-Leach-Blilely Act of 1999 was the
     anything above that was illegal.                                  Glass Steagall Act repealed. It enabled commercial lenders
                                                                       such as Citigroup, which at that time was the largest U.S.
     Gold had become a controlled substance. Possession was            bank by assets, to underwrite and trade instruments such as
     punishable by a fine of up to $10,000 and imprisonment for        mortgage-backed securities and collateralized debt
     up to 10 years. Now the only people with a claim to gold in       obligations and establish so-called structured investment
     the Treasury were foreigners holding dollars. Roosevelt           vehicles, or SIV’s, that bought these securities. (These were
     didn’t want foreigners to be treated any differently, so on       just the kind of financial instruments Glass Steagall kept
     January 31, 1934, Roosevelt issued another Executive Order:       away from commercial banks.) The year before the repeal of
     He declared that one gold dollar of 23.22 grains would            Glass Steagall, sub-prime loans were just 5% of all mortgage
     immediately be reduced by 59%, to 13.71 grains. Effectively       lending activities, but by the time of the crisis in 2008, they
     the dollar was devalued by more than 40% and everyone was         had grown to 30% of the total. Although some maintain
     stuck. It used to cost only $20.67 to get a troy ounce of gold.   that the seeds of the recent financial meltdown were sown
     With the sweep of his pen, it shot up to $35.00 per troy          with the repeal of the Glass-Steagall Act, the real cause is far
     ounce.                                                            more complex. The crux of the issue is that improper risk
                                                                       management was prevalent in many of the world’s leading
     The U.S. Government passed many laws to address the               banks. Greedy management and poorly thought out
     problems of the Great Depression. One of these, the first         compensation packages that rewarded risky short-term gain
     Glass-Steagall Act, was passed in February, 1932 in an effort     drove much of the behavior that led to the global financial
     to stop deflation. Glass-Steagall enormously expanded the         system to the brink of disaster. By the time the Bear Stearns
     Federal Reserve’s powers with regard to the rediscounting of      mortgage back funds went bankrupt in the summer of 2007,
     various forms of collateral. The second Glass-Steagall Act        having burned through 100% of their capital, the
     was passed in 1933 in reaction to the collapse of the             international banking system had put on the largest
     American commercial banking system earlier in the year. It        leveraged bet in the history of modern society - that the
     was geared to control excessive speculation by U.S. banks         prices in the U.S. housing market in the United States had
     and eliminate their participation in the underwriting of          only one way to go, up. Imprudent lending practices,
     securities that caused so many of the problems in the first       excessively leveraged balance sheets, overconcentration of
     place. Banking institutions were divided by their types of        risk, inadequate risk management systems, and a host of
     activities, with commercial banking and investment banking        related issues all contributed to the problem. It is easy to

12
ARTICLE




blame the problem on regulators, but history is strewn with        remember that the $12.8 trillion recent commitment by the
meltdowns and bubbles. Volatility has occurred for                 U.S. is largely in the form of commitments by the Federal
thousands of years, and it is unlikely to stop any time soon.      Reserve ($7.76trillion). The balance of the commitments
                                                                   comes from the FDIC ($2 trillion), the Treasury ($2.7
Although there are significant differences between the             trillion) and HUD ($.3trillion). Although the Fed’s
current environment and the conditions during the Great            commitments may not hit the nation’s balance sheet in the
Depression, there are enough things in common that we              same way, the risks to the U.S. taxpayers and the potential
need to pay close attention. As noted, both situations             costs are still very real and very, very large. The picture is
stemmed from breakdowns in banks and financial                     going to look a lot worse each year for the foreseeable future
institutions. The recent collapse in the credit markets and        as the growing debt burden continues to compound with no
the general loss of liquidity in the global system has created     reasonable prospects of debt reduction through budget
huge deflationary pressures. Today’s leaders are keenly aware      surpluses for the next decade or so.
of the economic and social dangers of deflation and they
are using a wide array of tools to remedy the situation. The       So where do we go from here? First it is clear that this is a
U.S. alone, in the past two years, has already committed a         very dangerous time. Credit markets are a mess and banks’
staggering $12.8 trillion towards the creation of money in         balance sheets need to be further healed before lending can
one form or another. Yes, that’s right, $12.8 trillion, and that   resume in a healthy manner. At the same time, the heavy
doesn’t include what is still to come. Nor does it include the     deficit position of the U.S. and many other nations, coupled
ongoing costs of debt service that will make this problem          with dismal growth prospects, makes the deflationary
increase over time. The magnitude of today’s situation can         alternative far too dangerous from every perspective because
be better grasped when one considers the scope of this vast        with deflation, every dollar of debt gets proportionately
wave of monetary creation. Imagine where the economy               larger. If deflationary pressures take hold, we could very
would be today without the loans, guarantees, financing            likely head into a frightening state of global social unrest
facilities, and bailouts by the Federal Reserve, the FDIC, and     unlike anything the world has seen.
the Treasury, not to mention the measures taken by central
banks and governments around the world.                            The Chairman of the Federal Reserve, Ben Bernanke, is an
                                                                   accomplished scholar on the Great Depression. He is well
Given these numbers, it is clear that the U.S. economy is in       aware of the broader societal implications of deflation in a
shambles, and much house cleaning and restructuring needs          debt-ridden society, so he is certainly going to use every
to be done. Prior to the credit crisis, the U.S. was already       available tool to prevent this from happening. This means
debt-ridden. Domestic savings rates had collapsed from             that we should expect that Bernanke, like his predecessor
roughly 12% to 0% since 1980. Irresponsible practices by           Alan Greenspan, will err on the side of inflation.
U.S. banks and financial institutions and the subsequent loss      (Greenspan was also a scholar on the Great Depression and
of liquidity have now exacerbated what was already a               he too wanted desperately to avoid deflationary
dangerously imbalanced system. The largest financial               developments in the debt-ridden U.S.) Barnake’s willingness
intermediaries focused far too much on the riskier aspects of
their business, rather than tending to their more traditional
role of providing liquidity and safekeeping funds.

To address this problem the U.S. is taking a gigantic gamble.
The reality of persistent trillion dollar deficits has been
firmly established, yet nobody has mentioned an exit
strategy. To date, no one has challenged Congress on how
and when they are planning to repay these gigantic loans.
The American taxpayer is about to be crushed by multiple
generations worth of debt, yet those same taxpayers had
little to do with the creation of the problem.

Consider for a moment the adjacent charts, which reflect the
total debt in the United States and the public or national
debt.

The graphs show the national debt skyrocketing from 1980
to 2010 in both nominal terms and as a percentage of GDP
(and the situation is only getting worse).

As of April 7, 2009, the total U.S. federal debt was
$11,152,772,833,835 or about $36,676 per capita. Also,

                                                                                                                                    13
ARTICLE




     to monetize; i.e. print money, should not be underestimated,
     and this will have broad implications for the fixed income,
     equity, foreign exchange, commodity and other markets for
     many years to come. The enormous ocean of liquidity that
     Bernanke is creating is held in check right now by a
     dysfunctional global banking system, but once banks have
     been recapitalized and credit starts to flow, the liquidity
     streaming into the mainstream economy will need to be

                                                                        Global
     controlled to prevent a tidal wave of cheap funding, which
     in turn could start the dangerous cycle all over again. This is
     a balancing act that will require great skill and a lot of luck,

                                                                        Update
     because the alternative will be an inflationary surge that will
     shock many by its speed and force.

     Offsetting this massive creation of money will be a dizzying
     set of new regulations, which are inevitable in the aftermath
                                                                        A quick review of industry news from
     of the U.S. bailout of so many major institutions. The new
                                                                        around the world
     regulations will be implemented in Europe and Asia and
     well, so improved risk management tools will be required for
     most financial institutions, along with improved controls          World’s Largest Islamic Bank: Saudi billionaire Sheikh
     and sound practices. Such upgrades would be wise to                Saleh Kamel, Chairman of Al Baraka Banking Group, is
     implement in any event, but they will probably be required         heading an alliance to launch the world’s biggest Islamic
     in the new regime. One might ask whether it makes sense to         bank before the end of this year, with an initial public
     burden banks and financial institutions with new regulations       offering of $3 billion. The ‘mega bank’ will have an initial
     now that the damage has already been done, but this reactive       capital of $10 billion through a number of initial public
     process is simply the way of big government. Regulation will       offerings and private stock options. Al Baraka is
     keep the crowd’s speculative impulses under wrap for a             controlled by Saleh Abdullah Kamel who owns a 28.10
     while, but eventually the pool of liquidity will make the          percent stake. Saudi conglomerate Dallah Albaraka,
     money-making opportunities too appealing to pass up.               founded by Kamel, owns a 42.32 percent stake in the
     Speculative forces will always find a way to express               bank. Al Baraka, which has a market capitalisation of
     themselves, but regulation will hopefully make banks less          $1.46 billion, recently posted full-year net income of $201
     active players in the business of excessive risk taking.           million.
     Economic recovery from the current recession will be
     neither fast nor powerful. More likely, we should anticipate a     Overseas Banks in India May Have to Sell Stakes in
     stabilizing of the current weakness over the balance of 2009       Local Units: Overseas banks in India may have to sell at
     as the lingering excesses in the system are played out.            least a 26 per cent stake in their local subsidiaries and
     Growth will start to pick up modestly in 2010, but don’t           meet government targets for lending, under proposals
     expect a robust v-shaped recovery. Banks still need to reduce      made by a joint central bank and finance ministry panel.
     their leverage, and toxic assets on their balance sheets have      A committee that included Central Bank Deputy
     not yet been fully priced into the market. The IMF estimates       Governor Rakesh Mohan and Economic Affairs
     that total losses among U.S., European, and Japanese               Secretary Ashok Chawla released a report stating that
     financial institutions will be $4.1trillion (of which              foreign banks should list their subsidiaries on Indian
     $2.5trillion will be in U.S. institutions), which means that       stock exchanges, capping their ownership at 74 per cent,
     more losses are coming and more capital will be required. As       and that overseas lenders should meet targets for
     noted, only after the banks’ balance sheets are fixed can the      lending to farmers in line with local banks. The Reserve
     economy really start to grow in a healthy sustained fashion.       Bank of India is due to review rules for overseas banks
     In the meanwhile, we should expect the IMF to take a more          from next month. India, which limits the number of
     active role in the global economy henceforth, by providing         branches that overseas banks can operate and restricts
     funding and much needed discipline to many countries and           investments abroad by Indian lenders, has mostly
     institutions around the world. Trading and investment              avoided the write-downs and losses by global financial
     opportunities will be fantastic for the next four or five years    firms as the world economy entered a recession. The
     as the world works through its problems. Volatility in the         global credit crisis has helped India’s state-run banks,
     markets will be high, which suits most traders, and lending        which account for more than half of the nation’s banking
     opportunities will be almost unlimited. The profit potential       assets, gain market share as depositors shunned private
     from this period will be very high, but we will need to bear       and overseas banks. India’s central bank limits the ability
     in the mind the bigger picture so that we don’t lose sight of      of local lenders to extend credit to high-risk sectors such
     the underlying forces and pressures that are driving the           as real estate, trading in exotic derivatives and
     policy makers.                                                     expanding overseas.

14
INSIGHT




             Customer
               Privacy
             Regulation
In conversation with Vikas Tandon, Joint
General Manager & MLRO, ICICI Bank

                                           Handling data protection and privacy of personally
     Vikas Tandon, Joint General           identifiable information has always consumed vast
                                           resources. What is the reality behind the rhetoric and how
 Manager and Money Laundering              important are the stakes for banks in protecting such
                                           information?
  Reporting Officer, ICICI Bank,
                                           Stakes are pretty high indeed! Banks generally collect some
       discusses emerging privacy          specific personal information of their customers, like
                                           customer identification numbers, income, personal
   protection concerns and spells          references, employment history etc and they have a legal
                                           responsibility to keep that information safe.
 out the measures which financial
                                           Concerns over privacy of such personal information exist
     institutions need to adopt to         from several perspectives. In some cases these concerns
                                           refer to how data is collected, stored, and associated. In
 gear up their privacy compliance          other cases the issue is who is given access to the
                                           information. Other issues include whether an individual has
                       framework.          any ownership rights to data about him/her, and/or the
                                           right to view, verify and challenge that information.

                                           All these concerns are critical from a legal and reputational
                                           standpoint for any financial institution. Thus stakes are very
                                           high with immediate legal and business ramifications.

                                           One of the foremost principles of privacy law is ‘If you
                                           don’t need it, don’t collect it.’ Why do businesses today ask
                                           for so much personal information on their clients?

                                           There is nothing wrong with collecting necessary
                                           information. A lot of times, the regulatory guidelines insist
                                           on obtaining Know Your Customer (KYC) information on
                                           specific areas like identity information, tax status, risk

                                                                                                            15
INSIGHT




     appetite etc to assess customer profile, product suitability for   impact assessments and corporate management of
     the customer and continuously review the customer’s                information at the planning stages of systems, technology
     portfolio. That is understandable! However, at times,              development and service offerings with particular emphasis
     businesses also collect more information for better                on cross-border transfers, breach incident responses and
     customer service and promotion of their product suite              consent thresholds.
     across industries they operate in. In such scenarios, one
     needs to appreciate the regulatory requirements of obtaining       It is widely understood that privacy protection begins and
     customer consent when sharing information across internal          ends with installation of new technology. What
     units. It should also be ensured that such internal units also     responsibility does new technology place upon bank as a
     respect the privacy obligation in a consistent manner.             deployer?

     What are the biggest challenges in ensuring customer               We must understand that technology is only a means to
     privacy regulation today?                                          effectuate the intent behind privacy laws! Accountability for
                                                                        data protection actually rests with the deployers of
     For a long time, privacy has meant baseline legal compliance.      technology rather than technology providers.
     Now, the operational sides within the organisations are also
     seeing the strategic impact of private information.                Data protection laws are typically addressed to responsible
                                                                        users (banks) of technology or ‘data controllers’ as they are
     From a legal perspective, privacy is a very rigid idea, while      often referred to.
     from a business point of view, privacy is a flexible and day-
                                                                        Having an internal privacy compliance framework is a
                                                                        mandatory regulatory requirement to ensure that financial
                                                                        institutions are providing increased protection to consumer
     Financial institutions will have to                                information in their technology databases.

        develop internal controls and                                   In spite of preparedness there is always the probability of a
                                                                        privacy breach. What should be an organisation’s approach
        policies to ensure compliance                                   in such an event of privacy breach?

         with these regulations. Non-                                   Privacy breach calls for a privacy breach protocol. Once a
                                                                        privacy breach is detected, the front-line staff should
                compliance can lead to                                  internally report it to senior authorities as early as possible.
                                                                        After initial firefighting, root cause analysis should be
        significant fines and penalties                                 undertaken in order to plug the gap that resulted in such a
                                                                        breach. Notification of the breach to impacted customers
     and even revocation of business                                    and regulatory reporting on actions taken are the other steps
                                                                        needed to handle privacy breach.
              license in extreme cases.
                                                                        The lessons of a privacy breach incident should be
                                                                        immediately fed into the organisation’s control framework to
                                                                        ensure prevention of such instances in future.
     to-day issue. It is an exciting challenge, especially with a
     discipline that continues to mature.                               Keeping in view the current financial scenario, how do you
                                                                        see privacy initiatives surviving the budget scalpels everyone
     I think the broad spectrum of levels on which privacy              else is facing?
     is to be protected is the biggest challenge where we
     will have to rise from privacy protection to privacy               Privacy protection is based on the cognisance that personal
     management. This clearly goes beyond traditional                   information is a strategic asset and hence it needs to be
     concepts of privacy and requires an effective integration in       managed from a more strategically central and relevant place
     the way information technology is developed and used. As a         in the corporation to optimise its value.
     result, financial institutions will have to develop internal
     controls and policies to ensure compliance with these              In the present and highly commercial consumer age,
     regulations. Non-compliance can lead to significant fines          personal information coupled with rational budget spends
     and penalties and even revocation of business license in           has become a precious commodity especially when many
     extreme cases.                                                     financial institutions’ business models thrive on utility of
                                                                        such personal information. Senior management can
     Organisations will have to respond to this increasing              therefore no longer view data privacy and security as remote
     complexity of law and regulation by emphasising privacy            risk that can be put off for a better day!

16
PERSPECTIVE




           Islamic
        Insurance
             in the
       Middle East
Takaful has recorded significant growth
and is all set to grow further.

       According to estimates by the National        The emergence of Takaful has its roots in the non-
                                                     compliance of conventional insurance products to Shari’a
Insurance Academy, the global Takaful industry
                                                     principles which has caused an inherent lag in the acceptance
 has been growing at 20 per cent compounded
                                                     of conventional products in the Middle East . Shari’a
   annual growth rate, with 2008 global Takaful      principles prohibit the support of models that adopt
    premiums standing at $7.29 billion, and the      elements of Maysir (excessive risk taking), Gharar
                                                     (uncertainty, unclear terms in contracts, gambling), Riba
 market share of Takaful within the Middle East
                                                     (interest)and haram (non-ethical businesses such as
        at 30 per cent, i.e. around $ 4.6 billion.
                                                     gambling & pornography and prohibited items such as pork
                                                     & alcohol).
  Takaful is derived from an Arabic word which
 means solidarity where a group of participants      Thus, Shari’a compliant products based on the principles of
                                                     Ta-awun and Tabarru have given tremendous impetus to the
    agree amongst themselves to support one
                                                     Middle East insurance market, which is arguably the largest
     another jointly against a defined loss. It is
                                                     single potential market for Takaful globally.
   based on the principles of Ta-awun (mutual
        assistance) that is Tabarru (voluntary).     Overcoming Regulatory Issues

  In a sense, Takaful is similar to conventional     The operation of Takaful models, vis-a-vis its conventional
                                                     counterpart, has several implications on the regulatory
co-operative insurance where participants pool
                                                     aspects of Takaful. Some of these include:
    their funds together to insure one another.
                                                        Effective Shari’s governance: The setting up of a
                                                        Shari’a board is required from a supervisory perspective.
                                                        This is because the insurer is responsible for ensuring
                                                        that all aspects of the business are conducted under the
                                                        principles of the Shari’a, and would require the insurer to
                                                        present its compliance to the same on a regular basis.

                                                        Capital adequacy norms and disclosure: There is a
                                                        difference in the risk profile between both types of
                                                        (conventional and Takaful) life insurance. Family Takaful

                                                                                                                      17
PERSPECTIVE




        (the Islamic counterpart of life insurance) is based on a      shareholders themselves. Other commonly used channels
        defined contribution whereas conventional life insurance       are brokers, agents and banks to a certain extent. With
        is based on a defined benefit that is paid out upon            brokers focused typically on high value customers, there is a
        maturity, surrender or death. Hence there are                  need to have a well-trained force of sales agents as Takaful
        implications for capital adequacy and disclosure to            products are more complex than conventional ones. Also,
        consumers. In case of a deficit in the Takaful fund, there     though BancaTakaful is currently lower in the pecking order
        is no norm that advises how this deficit is to be covered      of channels, its popularity is increasing rapidly and is poised
        i.e. whether it would be taken from investor accounts or       to become an important channel for the Takaful industry,
        through a loan taken by the insurer.                           especially as products get progressively simple and
                                                                       standardised.
        Profit-sharing standards: Determination of the
        method of calculation of shares of profit/surplus to           Developments Within Key Takaful Markets
        each investor. There is no set standard on this but it is
        being followed differently by different insurers.              Bahrain

     Except for a few common regulations, those governing the             The International Takaful Association is being formed
     conventional insurance industry globally issued by                   and is expected to play an important role in the
     International Association of Insurance Supervisors (IAIS)            promotion of the Takaful industry, increase cooperation
     do not apply to the Takaful industry. The Islamic                    between members and increase the level of education
     counterpart of IAIS is the Islamic Financial Services Board          and awareness of the public about Takaful products.
     (IFSB) that was set up to provide global standards and               One of the responsibilities of the Bahrain-based
     guiding principles for the Islamic financial services industry.      Accounting and Auditing Organisation for Islamic
     In December 2008, the IFSB came up with an exposure                  Financial Institutions (AAOIFI) is the development of
     draft on Guiding Principles on Governance for Takaful                standards for Takaful.
     Operations which complemented the principles already                 The issuance of an insurance rule book, in 2005, was
     existing in the conventional insurance industry.                     done by the Bahrain Insurance Association, which was
                                                                          responsible for developing this sector.
     The principles set out by IFSB encompass three points:               Bahrain’s insurance legal framework is one of the most
                                                                          established ones in the region, which was confirmed by
        Ensuring good governance practices for Takaful-related            the Financial Sector Assessment Program (FSAP), a
        products                                                          joint venture between IMF and the World Bank.
           Increase awareness about good governance practices
           for ensuring the interests of the public.                   Saudi Arabia
           Provision of relevant guidance and important
           options to ensure appropriate corporate governance.            The Cooperative Insurance Companies Law that came
                                                                          into force in 2003 required all insurance companies to
        Safeguarding the interests of all stakeholders                    operate under the Shari’a compliant model.
            Design a good governance structure to safeguard the           The legal framework in the country is in its nascent stage
            interests of all stakeholders                                 and has a long way to go in terms of design and
            Nurture an environment which can make available               implementation.
            large, adequate information based on the substance            The region is in a transitory phase where the
            and relevance of the information.                             implementation of the licensing process is ongoing.

        Setting up of a more comprehensive prudential                  United Arab Emirates
        framework for Takaful undertakings
            Provision for other relevant standards in the future          The existence of a dual court system that includes a
            Ensure sustainability of Takaful undertakings with            Shari’a court (responsible for family and religious
            sound risk management and solvency                            matters) and a new insurance commission (responsible
                                                                          for setting up standards and policies).
     Although these principles are very basic, their                      Mandatory pre-conditions are required to offer Takaful
     implementation will lay a foundation for the future evolution        products such as:
     of the Takaful regulatory space and will play the role of a          - Specification of products and contracts.
     driver for the Takaful industry.                                     - Clarity and complete understanding of the
                                                                          implementation process.
                                                                          - The appointment of a Shari’a supervisory board.
     Distribution Channels
                                                                          - Practice of risk management related to Shari’a activity.
     The most popularly used channel in the Middle East is direct         - Setting up of sound accounting, auditing and
     sales with the major contributors of the Takaful fund being          regulatory standards.

18
PERSPECTIVE




                                                                 The Dubai International Financial Centre (DIFC) has
                                                                 further contributed to the development of Takaful.
Takaful Models

Differences between regulation of conventional                Key Drivers for Takaful in the Middle East
insurance products and Takaful products lies within the
                                                              Apart from the fact that the market is currently under-
structure of the different Takaful models which are
                                                              insured, there are other systemic factors which will drive
formed so as to ensure Shari’a compliance.
                                                              growth of Takaful in the Middle East:
There are four primary models:
                                                              Mandatory Classes of Insurance: Mandatory insurance
                                                              for automotive and health in the region will act as a major
   Mudharaba: In this model there are two parties in
                                                              driver for the demand for Takaful products in the region.
   contract - the Takaful operator (TO) and the capital
                                                              This will drive the growth of the retail Takaful market.
   providers.

                                                              Favourable Demographics: The demographics of the
   The TO is responsible for the management of the
                                                              population in the Middle East is very favourable for growth
   Takaful investments made by the capital providers.
                                                              of insurance, especially as a large part of the population is
   The TO brings to the table a set of business skills
                                                              young, leading to short-term demand for life insurance and
   which he uses for managing the fund. When there is
                                                              medium-to-long term demand for other classes of
   a profit, it is shared between the TO and the capital
                                                              insurance. The population is also growing at a significantly
   investors in a pre-decided manner.
                                                              high rate.
   This model is commonly used in the Asia Pacific
   region and is typically used for family (life) Takaful     Privatisation Initiatives of Government Pensions and
                                                              Programs: The shrinking role of the state in providing
   products. The Mudharaba model is popularly used for
                                                              pensions will increase the demand for life insurance within
   investment purposes.
                                                              the region.
   Wakala: Here the TO company is distinguished from
                                                              Economic Impact of the Crisis: The global economic
   the capital providers and the TO is paid a
                                                              crisis being faced across geographies today can be principally
   predetermined fee which is deducted from the
                                                              attributed to excessive risk taking, greed and unethical
   contributions made by the capital providers. This fee
                                                              practices. Takaful insurance companies and Islamic financial
   is related to the level of performance so as to entice
                                                              institutions would steer away from these practices by
   the operator into performing better. The surplus
                                                              definition and would see a surge in even the non-Muslim
   belongs to the capital providers and the operator
                                                              members placing their confidence on financial institutions
   does not have a share in it.
                                                              founded on ethical principles.
   This model is widely used in the ME and is popularly
   used for the risk-sharing/underwriting aspects of          Conclusion
   Takaful.
                                                              There is no doubt that the Takaful industry will grow further
                                                              in the Middle East, especially given that the insurance
   Hybrid: A combination of Mudharaba and Wakala
                                                              market is still under-developed in the region. Despite a
   models, this involves the payment of a fixed
                                                              current lull in economic conditions, the long-term economic
   proportional fee (off the total contribution) as well as
                                                              outlook for the Middle East insurance industry continues to
   a part of the profits to the TO.
                                                              be positive. In addition to favourable demographics, there
                                                              has been significant growth in the number of companies
   This model has adopted the strengths of both models
                                                              that have set up Takaful operations over the last few years.
   by using the Mudharaba model for investment
                                                              Many of the new market participants are equipped with
   activities of the Takaful fund and the Wakala model
                                                              global best practices and are well capitalised. Thus, the new
   for underwriting activities.
                                                              entrants are expected to spur competition while at the same
                                                              time increasing Takaful acceptance and awareness.
   Waqf: In this model the operations are based on non-
   profit where the contributions are 100% provided by
                                                              Takaful today is widely regarded as an innovation in the
   investors who are willing to contribute to the less
                                                              insurance industry. While Takaful lends itself very well to
   fortunate of the society.
                                                              personal lines of business, the corporate risk market is much
                                                              more complex. We believe that the next round of innovation
   This operates as a public foundation. In this case the
                                                              will come from large-scale risk coverage for large businesses,
   fund does not belong to any one person and profits or
                                                              especially those which are funded by Islamic banks.
   surplus are not distributed to the contributors.


                                                                                                                               19
SOLUTION SPOTLIGHT




                                                           AGILIS
                                                           Bancassurance
                                                           Banks consider technology to be a key
                                                           business driver.

                                                           Companies active in strategic Bancassurance partnerships
       Bancassurance has grown to become one of
                                                           continue to seek technology which can provide the
      the largest distribution channels for insurance
                                                           necessary fuel to enhance agility in adopting, integrating and
                companies across the globe. Earlier,       implementing change. Technology that can provide all this
              bancassurance activities were handled        without locking-in companies in heavy investments is clearly
                                                           the way to move forward.
      manually under one roof by a few players with
        a limited clientele and geographic coverage.
                                                           AGILIS Bancassurance is a comprehensive solution for
              However, with competitive pressure on        banks that sell insurance products, both life and non-life, to
        productivity, efficiency and customer service      their clients. AGILIS Bancassurance manages the bank’s
                                                           entire insurance broking back-office operations, leaving its
          standards rising, bancassurance providers
                                                           staff to focus on procuring more business and spending
        have increased their adoption of technology,
                                                           more time in the front office.
          and now consider it a key business driver.
                                                           The product is capable of handling:
            The alignment and integration of various
                                                              Life
          processes have resulted in connecting the
                                                              Motor
               banks’ network and have helped them
                                                              Health (including medical and travel)
        significantly to achieve seamless integration         Property and Fire
          with insurers’ systems and processes. The           Marine, Mortgage and Engineering
           adoption of integrated technology has led
                                                           Functionally rich, the product integrates with insurance
     banks to achieve improved efficiency by way of
                                                           companies’ systems seamlessly and also allows for greater
       decreased operational costs, decreased turn         accuracy while providing speedy transactions, leading to
         around time, increased revenue, scalability,      improved customer satisfaction.
         integrated and aligned business processes
                                                           Every bank providing bancassurance looks for a system that:
                 resulting in creation of true value for
                                          stakeholders.       caters to all classes of insurance
                                                              is specifically created for the bancassurance industry
                                                              enables cross selling and up selling to existing bank

20
Agile Financial Times May09 Edition
Agile Financial Times May09 Edition
Agile Financial Times May09 Edition
Agile Financial Times May09 Edition

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Agile Financial Times May09 Edition

  • 1. Agile May 2009 FINANCIAL TIMES Investment Management Outlook Middle East and Africa CUSTOMER SPOTLIGHT Increasing Market Share for Apollo DKV PERSPECTIVE Islamic Insurance in the Middle East ARTICLE The Aftermath of the Economic Crisis
  • 2.
  • 3. May 2009 Editor’s Note Greetings! In our quest to serve those who conserve capital and grow wealth, we are pleased to provide our views on the investment and wealth management outlook in the Middle East & Africa and a perspective on Takaful Insurance in the Middle East. CONTENTS As I write, we are at the Annual BancAssurance Conference in Vienna, Austria to exchange views with industry leaders on this growing channel. Agile FT is sponsoring the Conference and presenting a paper on ‘Making BancAssurance Agile’! CUSTOMER SPOTLIGHT What is most exciting about BancAssurance is how it brings bankers and Increasing Market Share insurers together and this assembly is truly a meeting of minds as all sides for Apollo DKV 4 unanimously agree on the role of technology as a key enabler. Our AGILIS BancAssurance platform is being so well received that we decided to feature the same in this month’s Solution Spotlight. COVER STORY Investment Management We are passionate about innovation and feel a sense of great pride when Outlook: ME and Africa 7 our clients use our technology to innovate a business model. Apollo-DKV Health Insurance Company shares its experience on the use of Agilis and how they were able to leverage technology to increase their sales through ARTICLE portals like MakeMyTrip.com. The Aftermath of the Economic Crisis 10 We invite you to read Vikas Tandon’s perspective on Customer Privacy in the face of increasing Anti-Money Laundering scrutiny. Vikas Tandon is the Joint General Manager and Money Laundering Reporting Officer at ICICI INSIGHT Bank. Customer Privacy Regulation 15 A new and exciting addition this month is a contribution from our Chairman, Andrew Krieger, a well known luminary from the financial world. He shares an insider’s view on the aftermath of the economic crisis. You will get a PERSPECTIVE sense of déjà vu as we are taken down memory lane right from the Great Islamic Insurance in the Depression and are told that a cheery investment outlook awaits us in the near future. Middle East 17 We hope that you enjoy this edition and continue to write in with your SOLUTION SPOTLIGHT feedback. Here’s wishing everybody a great month ahead. AGILIS Bancassurance 20 Be Agile! PARTNER SPOTLIGHT Shefali Khera Chief Marketing Officer Expansion in Sub- Write to us at info@agile-ft.com Saharan Africa 22
  • 4. CUSTOMER SPOTLIGHT Increasing Market Share for Apollo DKV This meeting of minds has given birth to a new era in health Apollo DKV Health Insurance insurance in India, bringing with it the double protection of preventive health added to insurance cover. It is a venture to Company, the association bring in a paradigm shift in health insurance from ‘post care’ to ‘prevention and wellness’. This ultimately is the core of between Apollo Group and the Apollo DKV’s unique brand positioning - ‘Lets Stay Healthy’. Deutsche Krankenversicherung Towards this attempt, it has implemented AGILIS, an (DKV) AG, is a strategic alliance integrated web-based software offered by Agile FT. to meet common goals in Through AGILIS, Apollo DKV has been able to sign up new customers thereby gaining incremental revenue. It has healthcare and health insurance. also achieved fast turn-around-time, a critical success factor in the travel insurance industry. Apollo DKV has provided Indian domestic/international It complements Apollo’s travellers a powerful on-line tool by which they can purchase travel insurance in a variety of ways. Corporate customers philosophy of ‘prevention and can issue policies at their end from the corporate portal. Travellers can purchase their insurance policies either from wellness’ and DKV’s dedicated travel agents who have been given access to AGILIS or from travel portals like MakeMyTrip.com. Branch office mission of ‘providing affordable employees of Apollo DKV at branch office can issue insurance policies to walk in customers from the employee and innovative health insurance portal. In all cases, the insurance policy is immediately processed, can be printed and made available to the solutions’. customer in real time. Health insurance is a highly competitive line of business since it is a part of every general insurance company’s portfolio. Travel insurance forms an integral part of the health insurance portfolio. Travel is a high-growth segment with international leisure travel expected to grow three times while the domestic travel market is currently growing at about 35%. The value of the Indian travel insurance industry is estimated to be $236 million in 2009, according 4
  • 5. CUSTOMER SPOTLIGHT to Euromonitor International. Domestic and international air travellers typically buy insurance cover after they have purchased their travel tickets. This is usually at the proverbial last minute when they have very little time to seek an agent and buy travel insurance. Even if they find a travel agent or visit a general insurance company, it normally takes a few hours before the policy Krishnan document is provided. Ramachandran, Chief Operating In addition, the application forms are time consuming with Officer, Apollo details such as medical history, passport and other DKV, shares identification details to be filled. This affects the turn- his views around-time, a factor that is critical for the success of the exclusively with business, as well as the convenience of purchasing the Agile Financial insurance cover. Times. Background In its endeavour to become a first-choice partner in the What is your vision for Apollo DKV? health care sector, Apollo DKV is determined to increasingly automate processes, reduce human intervention Apollo DKV was licensed by the regulator in August 2007 and increase quality and speed. Apollo DKV currently offers and launched its first product in November 2007 on the several insurance plans - Easy Health Insurance, Personal retail side. We now offer a bucket of products in areas Accident Insurance and Easy Travel Insurance. such as health, travel and personal accident insurance for both retail and corporate and our goal is to become a It chose Agile FT as its partner to automate its Easy Travel health insurer of choice. Insurance Plan, a Short-Term travel insurance plan, with the main target population being young people who are very At Apollo DKV, our core philosophy is ‘manage health’ familiar with the existing travel insurance schemes available and our vision is to become a significant player in the in the market. The Individual Travel Insurance Plan covers health insurance industry, with our value proposition an individual of age between 6 months up to 70 years, being the ability to combine health care access and against any medical or non-medical emergency while delivery. travelling and is valid for a specific number of days. Apollo DKV offers the Easy Travel Insurance Plan in four different What is the rationale behind the on-line health ways: initiative? A secure travel insurance portal through which Very few insurance companies currently offer on-line corporate customers can issue their own policies. The health insurance with processes automated from issuing company has to maintain a deposit with application to policy distribution. By providing this Apollo DKV, which gets debited every time a new policy service, we have actually been able to increase the is issued. market size of the insurance industry as this user-friendly facility has roped in many first-time customers, many of Through the Agents Portal for travel agents. whom have now made it a practice to purchase insurance on-line whenever they travel, which is Through travel ticketing websites like MakeMyTrip.com, something they would not have thought of earlier. where travellers can buy the insurance policy along with the air ticket by just click-checking a box. What was the main reason for selecting Agile FT? Through branches which provide service to walk-in We chose Agile FT as a partner as they possessed both, customers. the technology expertise as well as people who had a deep knowledge of the insurance industry. Agile FT The policy is valid either for the duration of the round trip offered us a blend of technology and domain expertise travel or 30 days from the date of booking. The decision to use travel web sites as a distribution channel was to provide Without AGILIS we would not have been able to enter an extended solution to airline clients. This has given the into a partnership with MakeMyTrip.com. company a new dimension to the already existing on-line airline booking system. 5
  • 6. CUSTOMER SPOTLIGHT While the primary focus of travel agents is on overseas not they would like to purchase an insurance policy. It also travellers, the focus of MakeMyTrip.com is on domestic as includes the facility of emailing the policy to the subscriber’s well as international travellers. email address. The back end runs a validation engine and checks the Supplier Selection information (such as age, length of travel, countries of During the launch of the Easy Travel Insurance Plan, travel) of the traveller. Most of the information is picked up Apollo DKV had time constraints and was unable to from the data provided on the tickets and compared to set custom-build a solution to cater to the travel insurance values. For example, the Easy Travel Insurance Plan is only product. The company was therefore seeking an ‘off-the- provided to customers who are less than 70 years old. shelf ’ product. “We already had a system in place which we Anyone at and above the age has to go through the customised to suit our business needs. We decided to go for underwriting process by visiting an Apollo DKV office. AGILIS since there was no time to add a separate module to the existing one,” says Ravinder Zutshi, Chief Technology After the validation, the application is passed through a Officer, Apollo DKV. payment gateway, where the payment is extracted from the customer’s credit card. In case of cancellation of a policy, the refund is made to the customer using the same forms, while the final transaction is settled between the travel “We chose Agile FT as they agents or MakeMyTrip.com and Apollo DKV at the company’s website. possessed both, the technology Business Benefits expertise as well as people who Within a few months of the launch of AGILIS, Apollo had a deep knowledge of the DKV received encouraging feedback from travel agents as they found the product easy to use. Their feedback has been insurance industry.” that AGILIS is customer friendly, easy to integrate into the existing system, cost-effective and performs well on underwriting and claims. - Krishnan Ramachandran AGILIS also helped Apollo DKV decrease the turn-around- time for issuing a policy to 2 minutes as compared to 15 Chief Operating Officer minutes earlier. Purchasing travel insurance was suddenly made very simple for travellers who were earlier used to Apollo DKV filling out lengthy application forms. For travellers who fit the policy underwriting criteria, all they have to do is to fill in their personal information on-line and the policy document is sent to their email account, without any human A key differentiator that separates Agile FT from its intervention. competitors is its domain knowledge. Apollo DKV selected AGILIS over similar products because of Agile FT’s proven Apollo DKV garnered significant incremental business with expertise and domain knowledge of the insurance sector. the addition of MakeMyTrip.com as a sales and distribution channel, especially because it was one of the early movers. The unique feature of this channel is that it creates an Technology impulsive buying decision for the travel portal user who can AGILIS is an integrated on-line IT solution designed to avail an insurance policy by just click-checking a box. automate all the functions of a general insurance company. It acts as a decision support system for underwriting, claims, Conclusion reinsurance and accounting and, as a result, directly enhances the business processes of an insurance company. Apollo DKV gained significant benefits due to the AGILIS The solution is flexible in terms of defining new or revising implementation. In addition to simplifying internal existing insurance products and facilitates dynamically processes, using AGILIS also reduced the turn-around-time altering the process in time with the market conditions. for the issuance of policies, thereby setting an industry AGILIS has the ability to cater to all classes of the general benchmark which few insurance companies have achieved. insurance business. Being one of the early movers in providing travel insurance policies in real time gave the company a substantial The front end interface is used to provide a choice to advantage over competition and helped it to increase travellers booking through MakeMyTrip.com of whether or incremental revenues significantly. 6
  • 7. Investment It seems ironical to talk about investment and wealth management, when so many mammoth organisations have Management collapsed and high net worth individuals (HNIs) have seen their net worth eroded in the Outlook span of just a few months. As we all know, the US downturn triggered a global Middle East and Africa slowdown during the second half of 2007, which quickly In early 2008, large US corporations began filing for bankruptcies, which severely spread to the other developed impacted their global operations. With mass unemployment across the globe, the regions as well. At the same scenario worsened in the second half of 2008 and as yet, 2009 does not appear time, emerging economies to be doing any better. continued to grow, albeit at a Countries within the Middle East and Africa were relatively well sheltered during slower pace. the second half of 2007 largely on account of the then-rising prices of commodities and natural resources. Africa additionally benefited from a liberalised economy attracting higher foreign direct investment (FDI) to propel growth. Wealth creation in both these regions reached record highs. According to a 2008 BCG report on Wealth Management, assets under management (AUM) in Middle East and Africa grew at a rate of 8.6 per cent versus the worldwide growth rate of 4.9 per cent in 2007. The World Wealth Report published by Capgemini and Merrill Lynch in 2008 mentions that the HNI population within Middle East and Africa experienced the highest growth rates of 15.6 per cent and 10 per cent respectively in 2007. Compared to this, the worldwide HNI population in 2007 grew only by 6 per cent in that year. While the financial crisis took its toll on most countries, the impact on emerging 7
  • 8. COVER STORY nations was especially significant, since they were highly Sharp Shock’, forecasts a speedy recovery for the Middle dependent on the US and other developed countries for East during 2010. According to the report, the price of West foreign investments as well as exports. The impact on wealth Texas Intermediate (WTI), which is a benchmark for oil markets in Middle East and Africa has been quite severe. prices, will hover around approximately $60 per barrel in The Gulf Co-operation Council (GCC) stock markets 2009 and the production of oil will drop by 3 million barrels collectively lost more than $600 billion in market per day. In 2010, as the demand for oil increases and the capitalisation during 2008. Local exchanges in Dubai and Egypt were down more than 50 percent in 2008. The wealth erosion across both regions was primarily led by: In the absence of a major Declining commodity prices: In July 2008, crude oil black swan event, the prices declined by almost 70 per cent from a peak of $147 per barrel. The Middle East region with the largest demand-supply equation is crude oil reserves in the world, had to cut production due to decline in demand. Many mines in Africa closed bound to ensure prosperity down operations as the demand for commodities declined significantly. Prices of copper and cobalt within these regions. dropped to one-third of their peak-2007 prices. Declining foreign investments: There has been a decline in FDI in these regions owing to the economic slowdown and a current negative outlook towards the global economy starts to recover, there will be a marginal region. According to UNCTAD, FDI in the Middle East price recovery of oil, up to $75 per barrel. The report fell by 21 per cent in 2008, resulting in delays and reflects the consensus on a growth decline in 2009 for the cancellations of infrastructure projects that were heavily GCC countries - GDP growth in 2009 to decline by 20 per dependent on FDI. In six of the largest countries in cent over to $835 billion from $1.1 trillion in 2008, and the North Africa, FDI fell by 5.2 per cent in 2008 to $21.3 current account surplus to fall to zero as compared to $350 billion. billion in 2008. In 2010, however, the GDP is expected to grow by 20 per cent to over $1 trillion. Credit crunch and liquidity pressure: In both Middle East and Africa, the lack of liquidity resulted in a loss of Implications for Investment Management confidence amongst lenders and borrowers. As lenders became more stringent with respect to borrowing The implications of all this for the investment management norms, the number of loans accessed by the public industry in Middle East and Africa are far-reaching. Growth declined. in wealth is the leading indicator rather the leading driver for the wealth management industry. Therefore, while 2009 will be a watershed year for the industry globally, the key for Recovery Expected Post-2009 investment managers will be to maintain competitive However, the good news is that despite falling growth rates, positioning to garner growth opportunities on market both regions are widely expected to still keep growing. recovery. According to an IMF forecast, the GCC economy is expected to expand by 3.5 per cent in 2009 as compared to There is every reason to believe that the attractiveness of the 6.8 per cent last year. Another forecast by the World Bank Middle East and Africa as destinations for wealth (report on Global Economic Prospects) pegs the regional management will continue post 2009. The prime reason is growth in the Middle East (including GCC and other the already-existing wealth base, both at the retail level as countries as well) to slow down to 3.9 per cent in 2009 from well as at the sovereign level. The existing reserves of 5.8 per cent in 2008. The underlying assumption is that financial assets can be leveraged effectively for fuelling commodity prices will definitely not go down further and investments in prime projects, especially in infrastructure. crude especially is expected to recover to $65-70 per barrel For instance, UAE alone has reserves of $350 billion versus by the end of 2009. obligations of $10 billion in sovereign debt, and $70 billion owed by affiliated companies. Looking beyond 2009, the prospects appear to improve dramatically for these regions. While there is a general The confidence in the African markets is evident from the consensus on the global economic environment improving number of private equity (PE) companies which are in 2010, indications are that the turnaround will be much continuing to set up shop there. For instance, Kingdom quicker in Middle East and Africa. Zephyr Africa Management and Aureos Advisers (both PE players) have announced that they will continue to raise A recent MEED (Middle East Events) report titled ‘A Short, capital for their respective PE funds, as they continue to see 8
  • 9. COVER STORY Growing maturity of investor culture: The investor culture is gaining ground in these regions. Mature investors have a better understanding of the complexities of wealth products and services, which acts a driver for further growth of the investment management industry. Some of the inherent challenges that countries within these regions face and will have to ultimately overcome to sustain and increase growth, include: Scarcity of experienced local finance professionals: Finance professionals are needed for the growth of investment management within these regions. Due to the geopolitical risks in these countries, professionals from opportunities in the African continent. They expect Africa developing nations are often unwilling to relocate to the to recover more quickly than the other emerging countries, Middle East. as Africa has been one of the fastest growing regions within the emerging economies. As for the Middle East, in the Nascent stage of some African markets: Although recent past, several international investment outfits (such as the African region opened up its economy to foreign ING IM, Insparo Asset Management, Australia’s Macquarie investment and trade in 2007 to an extent (and as a result Group among others) have either set up or are in the process experienced significant economic growth), it still has a of setting up offices in the Middle East. long way to go in relaxing norms that erstwhile did not allow foreign inflows. By doing this the region will attract Further, there are several strong fundamental drivers which hefty foreign investments. Further, the turbulent political will help these economies recover and grow: landscape in various parts of Africa could significantly impede growth. Diversification of sources of income: The countries within Africa and ME have been investing in other High expectations of HNI investors: HNIs have sectors to diversify and reduce dependence on a single become very sophisticated in terms of their financial and commodity or natural resource. For instance, tourism investment needs and seek comprehensive wealth has been a growth sector in the GCC and its share in the management services from trusted advisors. Clients not GDP is expected to go up further. As these economies only expect advice on investments but also expect diversify, there will be significant growth opportunities advisors to be able to understand the larger picture which will be tapped by investors. which encompasses personal and professional investment goals. Wealth managers therefore have to Rapid growth of Islamic finance: Financial services gear up to ensure these demands are adequately serviced. in the Middle East and some parts of Africa will be driven by growth in Islamic finance. Shari’a compliant The long-term outlook on commodities, which is a key financial services are expected to grow due to several economic driver in both these regions, is positive. Especially factors such as high availability of sophisticated Shari’a given that the take-up on alternative energy sources is still compliant products, increase in the number of low, the dependence on non-renewable energy sources will institutions offering these products and the formation of continue to be high. Therefore, in the absence of a major regulatory bodies to provide the necessary regulatory black swan event, the demand-supply equation is bound to oversight. According to a report by Oliver Wyman, ensure prosperity within these regions. Islamic finance (worldwide), although in its nascent stage, has grown by over 20 per cent over the last few According to a Standard and Poor’s survey of fund years. Its current assets are estimated to be in the range managers in the Middle East and North Africa, although a of $700 billion to $1 trillion. The report estimates these continued downward pressure on markets is expected in the assets to grow to over $1.6 trillion by 2012, with a short term, fund managers are very positive about the significant chunk of the contribution expected from the medium to long term outlook for these markets. They Middle East and Africa. expect growth to be driven by domestic investors such as sovereign wealth funds. Further, the increase in investments Liberalisation of financial markets: The opening up in infrastructure-related projects will see more foreign of both the Middle East and the African markets has capital flowing in. The result of the increase in individual spurred growth in these regions. Africa is continually and state-owned wealth will see an increase in demand for introducing reforms to make the environment business investment management. friendly and attractive to foreign investment. 9
  • 10. ARTICLE The Aftermath of the Economic Crisis Andrew Krieger Chairman, Agile Financial Technologies Having been violently shoved to the edge of the abyss, the a huge blunder and they knew it almost immediately. Leaders global financial system has gone through an amazing two- of the G20 were then faced with a daunting choice - either year period. During the summer of 2008, the world’s sit by idly and watch the demise of the global financial financial markets were becoming progressively unstable as system or take drastic measures to forestall its final death by the magnitude of the balance sheet problems among leading throwing vast amounts of money at the problem. It was a banks, brokerage firms and insurance companies was big gamble, but the leaders didn’t really have much of a starting to sink in. One firm after another announced multi- choice except to start pumping in money. They needed to try billion dollar losses resulting in plummeting investor to buy enough time for the world’s biggest financial confidence. The entire system was already in a very institutions to get back on their feet and start operating in a vulnerable condition when talk of major liquidity issues at more healthy fashion. Lehman Brothers started to filter through the market. When it became apparent that Lehman’s problems were real, the The gamble seems to be working so far, but the long term U.S. authorities surprisingly decided not to step in and ramifications of these measures will last for generations. intervene. Therefore it is incumbent on us to understand more fully the consequences of the policy shifts that have taken place. Their decision was clear -- Lehman was not too big to fail - - and on September 15, 2008 Lehman Brothers announced In order to get a handle on the magnitude of the current that it would seek Chapter 11 bankruptcy protection. The economic weakness let’s consider some of the following already unstable markets became uncontrollable. The facts. The U.S. economy, far and away the largest in the brewing crisis took on a new dimension once this venerable world, shrank by 6.3% and 6.1% in the last quarter of 2008 institution, formed in 1850, was forced to close down. and the first quarter of 2009, respectively. These are the Lehman was a major player in essentially all the global worst numbers in over fifty years. U.S. unemployment now markets and their bankruptcy sent violent shockwaves stands at 8.5% and is on its way to double-digit levels, but around the world and brought the global financial system to this number grossly understates the true state of affairs. its knees. Roughly 5% of the workforce is considered permanently unemployed, which means they are no longer even seeking Whatever remaining trust banks held for one another jobs so they don’t even show up in the statistics. The evaporated as they worried about what toxic time bombs economy’s weakness has been widespread, with a collapse in might lay hidden in their counterparties’ balance sheets. consumer demand, manufacturing, inventories, and home Interbank lending shut down and credit markets froze. sales all showing up in the data. Optimists look at the drop Global liquidity dried up and the system was teetering at the in inventories as a sign that growth will bounce back in the edge of a bottomless ravine. The U.S. authorities had made form of increased production when sales demand finally 10
  • 11. ARTICLE picks up. But when will this demand pick up, and how strongly? The pace of the decline in manufacturing, housing, exports, and factory orders is slowing, but the numbers are alarming. Property values continue to drop. In many areas the pace of decline has slowed, but in others, such as New York City, the drop is actually accelerating. Prices in New York City have fallen by about 25% in the past several months and more weakness is predicted. The U.S. is hardly alone in its suffering. Global growth this year will be negative, probably to the tune of 1.5%. Data from Asia is very weak, with export- dependent nations showing the largest drops in export data in over half a century. Japan’s economy, the second largest in the world, will be down approximately 3.3% and China’s growth has slowed sharply despite massive fiscal spending packages. Europe is likewise suffering, and in some instances, it is actually in worse shape than the U.S. Eastern Europe is performing terribly and Western Europe is posting very weak numbers. For example, German GDP is growing at roughly -6%, and Spain’s economy has fallen sharply, showing 17% unemployment today, on the way to 20%+. Banks in Europe are under tremendous pressure and liquidity remains very poor. In the bigger picture, bear in mind that Japan has now suffered through nearly two decades of moribund economic activity and it is only because of their extremely high personal savings and investments that they have been able to cope with this extended economic malaise. This protracted slowdown created a number of “zombie” banks and this is something the U.S. and European authorities desperately want to avoid. On the other hand, while the numbers are bad, they aren’t nearly as catastrophic as those experienced by the U.S. during the Great Depression. From 1929 until 1933 total output in the economy dropped by 42%. Unemployment peaked at Andrew J. Krieger began his roughly 25% and consumer prices dropped by about 25%. Hardship within the meteoric rise on Wall Street at U.S. was truly horrible, but the impact extended globally. European economies Salomon Brothers in 1984, were weakened for years. The UK economy, for example, didn’t bottom out until 1932, and the French economy didn’t fully crater until 1935. then at Soros Fund Management, after which he In terms of understanding where we are today, however, we need to bear in moved to Banker’s Trust in mind that most of the economic damage during the Depression was due to 1986. He holds a BA in severe weakness in the banking system - weakness largely due to the fact that many of these banks were not following sound lending practices and had Philosophy (Magna Cum speculated too heavily in the 1920’s. As overall confidence collapsed, the banks Laude, Phi Beta Kappa,1978); were not spared, and thousands of banks were forced to close. The entire MBA in Finance from the period from 1930 until 1933 was marred by runs on multiple banks. University of Pennsylvania; and In January, February, and March of 1933 (the months leading up to the an MA in South Asian Studies. inauguration of Franklin D. Roosevelt) the run on the U.S. banks reached Andrew has authored the book, shocking proportions. By the time FDR took the oath of office on March 4, “The Money Bazaar” in 1992, 1933, Americans were in a state of panic. Banks were failing every day and and has been a contributing people clamored to withdraw their money. Ordinarily they would have accepted paper money in the form of gold certificates, but people feared that the Columnist for Forbes and government might resort to printing worthless money to meet the massive Forbes Global. He co-chairs withdrawal requests. They didn’t want paper. They wanted gold. To make the Microcredit Summit Council matters worse, people who had gold certificates rushed to redeem them for real of Banks and Commercial gold. Financial Institutions and is In 1933, the U.S. government defined the dollar as being worth precisely 23.22 Founder CEO of IMGE grains of gold. Since there are 480 grains to a troy ounce, this works out to Emergency Relief Fund and about $20.67 per troy ounce. This meant that if you had a $20 gold certificate, MD of Access Capital you could redeem it for roughly 1 troy ounce of gold. Each certificate bore this solemn statement: “This certifies that there have been deposited in the Management. 11
  • 12. ARTICLE Treasury of the United States Twenty Dollars in Gold Coin being strictly separated from one another. Another reform payable to the bearer on demand.” There are two promises was the creation of the FDIC, the entity which insures banks here: First, the gold is there waiting for you. Second, you’ll deposits in the U.S. get the gold when you demand it. So in March of 1933, thousands of people decided to make the government The Glass-Steagall Act survived for over sixty six years honor its commitment, but they quickly learned that the before it was repealed in 1999. The basic premises Treasury was not standing by its promise. Just two days after underlying the Act are important to consider. Among them his inauguration, President Roosevelt ordered a “bank is the fact that conflicts of interest characterize the granting holiday”, closing all the banks in the country from Monday, of credit (lending) and the use of credit (investing) within March 6 through Thursday, March 9. He proclaimed that the same institution. Conflicts arise when the same there was a “national emergency” caused by “heavy and institution does both, so the law was designed to prevent unwarranted withdrawals of gold and currency” for the potentially abusive practices. In addition, depository purpose of “hoarding.” In this case, “hoarding” simply institutions are deemed to have great power by virtue of the meant that people wanted to hold on to their own money, fact that they are handling other people’s deposits, and this but Roosevelt, eager to blame the government’s woes on the power must be held in check. In particular, it was felt that people’s vices, used the term “hoarding” to make it seem like bank managers must be required to be conservative, evil behavior. After virtually no debate, on March 9 the prudent, and protective of the customers’ funds. Senate passed the Emergency Banking Act, which gave the Encouraging - or even allowing - banks to engage in Secretary of the Treasury the power to compel every person speculative activities could potentially endanger the security and business in the country to relinquish their gold and of the institution and imperil depositor’s cash. Securities accept paper currency in exchange. The next day, Roosevelt activities can be highly risky and volatile, so the logic was issued Executive Order No. 6073, forbidding people from that these activities belonged outside of the banking system. sending gold overseas and forbidding banks from paying out Moreover, there was (and still is) no evidence that banks are gold. This was quite a first week in office, but there was particularly good at taking speculative positions and much more to follow. On April 5, Roosevelt issued managing risky portfolios, so the separation seemed to be a Executive Order No. 6102 which enabled the government to logical step. Thus, the wall between commercial and confiscate everybody’s gold. The order commanded the investment banks was erected. populous to deliver their gold and gold certificates to the Federal Reserve Bank where they would be paid in paper This separation was challenged may times, but not until the money. U.S. Citizens could keep up to $100.00 in gold, but passage of the Gramm-Leach-Blilely Act of 1999 was the anything above that was illegal. Glass Steagall Act repealed. It enabled commercial lenders such as Citigroup, which at that time was the largest U.S. Gold had become a controlled substance. Possession was bank by assets, to underwrite and trade instruments such as punishable by a fine of up to $10,000 and imprisonment for mortgage-backed securities and collateralized debt up to 10 years. Now the only people with a claim to gold in obligations and establish so-called structured investment the Treasury were foreigners holding dollars. Roosevelt vehicles, or SIV’s, that bought these securities. (These were didn’t want foreigners to be treated any differently, so on just the kind of financial instruments Glass Steagall kept January 31, 1934, Roosevelt issued another Executive Order: away from commercial banks.) The year before the repeal of He declared that one gold dollar of 23.22 grains would Glass Steagall, sub-prime loans were just 5% of all mortgage immediately be reduced by 59%, to 13.71 grains. Effectively lending activities, but by the time of the crisis in 2008, they the dollar was devalued by more than 40% and everyone was had grown to 30% of the total. Although some maintain stuck. It used to cost only $20.67 to get a troy ounce of gold. that the seeds of the recent financial meltdown were sown With the sweep of his pen, it shot up to $35.00 per troy with the repeal of the Glass-Steagall Act, the real cause is far ounce. more complex. The crux of the issue is that improper risk management was prevalent in many of the world’s leading The U.S. Government passed many laws to address the banks. Greedy management and poorly thought out problems of the Great Depression. One of these, the first compensation packages that rewarded risky short-term gain Glass-Steagall Act, was passed in February, 1932 in an effort drove much of the behavior that led to the global financial to stop deflation. Glass-Steagall enormously expanded the system to the brink of disaster. By the time the Bear Stearns Federal Reserve’s powers with regard to the rediscounting of mortgage back funds went bankrupt in the summer of 2007, various forms of collateral. The second Glass-Steagall Act having burned through 100% of their capital, the was passed in 1933 in reaction to the collapse of the international banking system had put on the largest American commercial banking system earlier in the year. It leveraged bet in the history of modern society - that the was geared to control excessive speculation by U.S. banks prices in the U.S. housing market in the United States had and eliminate their participation in the underwriting of only one way to go, up. Imprudent lending practices, securities that caused so many of the problems in the first excessively leveraged balance sheets, overconcentration of place. Banking institutions were divided by their types of risk, inadequate risk management systems, and a host of activities, with commercial banking and investment banking related issues all contributed to the problem. It is easy to 12
  • 13. ARTICLE blame the problem on regulators, but history is strewn with remember that the $12.8 trillion recent commitment by the meltdowns and bubbles. Volatility has occurred for U.S. is largely in the form of commitments by the Federal thousands of years, and it is unlikely to stop any time soon. Reserve ($7.76trillion). The balance of the commitments comes from the FDIC ($2 trillion), the Treasury ($2.7 Although there are significant differences between the trillion) and HUD ($.3trillion). Although the Fed’s current environment and the conditions during the Great commitments may not hit the nation’s balance sheet in the Depression, there are enough things in common that we same way, the risks to the U.S. taxpayers and the potential need to pay close attention. As noted, both situations costs are still very real and very, very large. The picture is stemmed from breakdowns in banks and financial going to look a lot worse each year for the foreseeable future institutions. The recent collapse in the credit markets and as the growing debt burden continues to compound with no the general loss of liquidity in the global system has created reasonable prospects of debt reduction through budget huge deflationary pressures. Today’s leaders are keenly aware surpluses for the next decade or so. of the economic and social dangers of deflation and they are using a wide array of tools to remedy the situation. The So where do we go from here? First it is clear that this is a U.S. alone, in the past two years, has already committed a very dangerous time. Credit markets are a mess and banks’ staggering $12.8 trillion towards the creation of money in balance sheets need to be further healed before lending can one form or another. Yes, that’s right, $12.8 trillion, and that resume in a healthy manner. At the same time, the heavy doesn’t include what is still to come. Nor does it include the deficit position of the U.S. and many other nations, coupled ongoing costs of debt service that will make this problem with dismal growth prospects, makes the deflationary increase over time. The magnitude of today’s situation can alternative far too dangerous from every perspective because be better grasped when one considers the scope of this vast with deflation, every dollar of debt gets proportionately wave of monetary creation. Imagine where the economy larger. If deflationary pressures take hold, we could very would be today without the loans, guarantees, financing likely head into a frightening state of global social unrest facilities, and bailouts by the Federal Reserve, the FDIC, and unlike anything the world has seen. the Treasury, not to mention the measures taken by central banks and governments around the world. The Chairman of the Federal Reserve, Ben Bernanke, is an accomplished scholar on the Great Depression. He is well Given these numbers, it is clear that the U.S. economy is in aware of the broader societal implications of deflation in a shambles, and much house cleaning and restructuring needs debt-ridden society, so he is certainly going to use every to be done. Prior to the credit crisis, the U.S. was already available tool to prevent this from happening. This means debt-ridden. Domestic savings rates had collapsed from that we should expect that Bernanke, like his predecessor roughly 12% to 0% since 1980. Irresponsible practices by Alan Greenspan, will err on the side of inflation. U.S. banks and financial institutions and the subsequent loss (Greenspan was also a scholar on the Great Depression and of liquidity have now exacerbated what was already a he too wanted desperately to avoid deflationary dangerously imbalanced system. The largest financial developments in the debt-ridden U.S.) Barnake’s willingness intermediaries focused far too much on the riskier aspects of their business, rather than tending to their more traditional role of providing liquidity and safekeeping funds. To address this problem the U.S. is taking a gigantic gamble. The reality of persistent trillion dollar deficits has been firmly established, yet nobody has mentioned an exit strategy. To date, no one has challenged Congress on how and when they are planning to repay these gigantic loans. The American taxpayer is about to be crushed by multiple generations worth of debt, yet those same taxpayers had little to do with the creation of the problem. Consider for a moment the adjacent charts, which reflect the total debt in the United States and the public or national debt. The graphs show the national debt skyrocketing from 1980 to 2010 in both nominal terms and as a percentage of GDP (and the situation is only getting worse). As of April 7, 2009, the total U.S. federal debt was $11,152,772,833,835 or about $36,676 per capita. Also, 13
  • 14. ARTICLE to monetize; i.e. print money, should not be underestimated, and this will have broad implications for the fixed income, equity, foreign exchange, commodity and other markets for many years to come. The enormous ocean of liquidity that Bernanke is creating is held in check right now by a dysfunctional global banking system, but once banks have been recapitalized and credit starts to flow, the liquidity streaming into the mainstream economy will need to be Global controlled to prevent a tidal wave of cheap funding, which in turn could start the dangerous cycle all over again. This is a balancing act that will require great skill and a lot of luck, Update because the alternative will be an inflationary surge that will shock many by its speed and force. Offsetting this massive creation of money will be a dizzying set of new regulations, which are inevitable in the aftermath A quick review of industry news from of the U.S. bailout of so many major institutions. The new around the world regulations will be implemented in Europe and Asia and well, so improved risk management tools will be required for most financial institutions, along with improved controls World’s Largest Islamic Bank: Saudi billionaire Sheikh and sound practices. Such upgrades would be wise to Saleh Kamel, Chairman of Al Baraka Banking Group, is implement in any event, but they will probably be required heading an alliance to launch the world’s biggest Islamic in the new regime. One might ask whether it makes sense to bank before the end of this year, with an initial public burden banks and financial institutions with new regulations offering of $3 billion. The ‘mega bank’ will have an initial now that the damage has already been done, but this reactive capital of $10 billion through a number of initial public process is simply the way of big government. Regulation will offerings and private stock options. Al Baraka is keep the crowd’s speculative impulses under wrap for a controlled by Saleh Abdullah Kamel who owns a 28.10 while, but eventually the pool of liquidity will make the percent stake. Saudi conglomerate Dallah Albaraka, money-making opportunities too appealing to pass up. founded by Kamel, owns a 42.32 percent stake in the Speculative forces will always find a way to express bank. Al Baraka, which has a market capitalisation of themselves, but regulation will hopefully make banks less $1.46 billion, recently posted full-year net income of $201 active players in the business of excessive risk taking. million. Economic recovery from the current recession will be neither fast nor powerful. More likely, we should anticipate a Overseas Banks in India May Have to Sell Stakes in stabilizing of the current weakness over the balance of 2009 Local Units: Overseas banks in India may have to sell at as the lingering excesses in the system are played out. least a 26 per cent stake in their local subsidiaries and Growth will start to pick up modestly in 2010, but don’t meet government targets for lending, under proposals expect a robust v-shaped recovery. Banks still need to reduce made by a joint central bank and finance ministry panel. their leverage, and toxic assets on their balance sheets have A committee that included Central Bank Deputy not yet been fully priced into the market. The IMF estimates Governor Rakesh Mohan and Economic Affairs that total losses among U.S., European, and Japanese Secretary Ashok Chawla released a report stating that financial institutions will be $4.1trillion (of which foreign banks should list their subsidiaries on Indian $2.5trillion will be in U.S. institutions), which means that stock exchanges, capping their ownership at 74 per cent, more losses are coming and more capital will be required. As and that overseas lenders should meet targets for noted, only after the banks’ balance sheets are fixed can the lending to farmers in line with local banks. The Reserve economy really start to grow in a healthy sustained fashion. Bank of India is due to review rules for overseas banks In the meanwhile, we should expect the IMF to take a more from next month. India, which limits the number of active role in the global economy henceforth, by providing branches that overseas banks can operate and restricts funding and much needed discipline to many countries and investments abroad by Indian lenders, has mostly institutions around the world. Trading and investment avoided the write-downs and losses by global financial opportunities will be fantastic for the next four or five years firms as the world economy entered a recession. The as the world works through its problems. Volatility in the global credit crisis has helped India’s state-run banks, markets will be high, which suits most traders, and lending which account for more than half of the nation’s banking opportunities will be almost unlimited. The profit potential assets, gain market share as depositors shunned private from this period will be very high, but we will need to bear and overseas banks. India’s central bank limits the ability in the mind the bigger picture so that we don’t lose sight of of local lenders to extend credit to high-risk sectors such the underlying forces and pressures that are driving the as real estate, trading in exotic derivatives and policy makers. expanding overseas. 14
  • 15. INSIGHT Customer Privacy Regulation In conversation with Vikas Tandon, Joint General Manager & MLRO, ICICI Bank Handling data protection and privacy of personally Vikas Tandon, Joint General identifiable information has always consumed vast resources. What is the reality behind the rhetoric and how Manager and Money Laundering important are the stakes for banks in protecting such information? Reporting Officer, ICICI Bank, Stakes are pretty high indeed! Banks generally collect some discusses emerging privacy specific personal information of their customers, like customer identification numbers, income, personal protection concerns and spells references, employment history etc and they have a legal responsibility to keep that information safe. out the measures which financial Concerns over privacy of such personal information exist institutions need to adopt to from several perspectives. In some cases these concerns refer to how data is collected, stored, and associated. In gear up their privacy compliance other cases the issue is who is given access to the information. Other issues include whether an individual has framework. any ownership rights to data about him/her, and/or the right to view, verify and challenge that information. All these concerns are critical from a legal and reputational standpoint for any financial institution. Thus stakes are very high with immediate legal and business ramifications. One of the foremost principles of privacy law is ‘If you don’t need it, don’t collect it.’ Why do businesses today ask for so much personal information on their clients? There is nothing wrong with collecting necessary information. A lot of times, the regulatory guidelines insist on obtaining Know Your Customer (KYC) information on specific areas like identity information, tax status, risk 15
  • 16. INSIGHT appetite etc to assess customer profile, product suitability for impact assessments and corporate management of the customer and continuously review the customer’s information at the planning stages of systems, technology portfolio. That is understandable! However, at times, development and service offerings with particular emphasis businesses also collect more information for better on cross-border transfers, breach incident responses and customer service and promotion of their product suite consent thresholds. across industries they operate in. In such scenarios, one needs to appreciate the regulatory requirements of obtaining It is widely understood that privacy protection begins and customer consent when sharing information across internal ends with installation of new technology. What units. It should also be ensured that such internal units also responsibility does new technology place upon bank as a respect the privacy obligation in a consistent manner. deployer? What are the biggest challenges in ensuring customer We must understand that technology is only a means to privacy regulation today? effectuate the intent behind privacy laws! Accountability for data protection actually rests with the deployers of For a long time, privacy has meant baseline legal compliance. technology rather than technology providers. Now, the operational sides within the organisations are also seeing the strategic impact of private information. Data protection laws are typically addressed to responsible users (banks) of technology or ‘data controllers’ as they are From a legal perspective, privacy is a very rigid idea, while often referred to. from a business point of view, privacy is a flexible and day- Having an internal privacy compliance framework is a mandatory regulatory requirement to ensure that financial institutions are providing increased protection to consumer Financial institutions will have to information in their technology databases. develop internal controls and In spite of preparedness there is always the probability of a privacy breach. What should be an organisation’s approach policies to ensure compliance in such an event of privacy breach? with these regulations. Non- Privacy breach calls for a privacy breach protocol. Once a privacy breach is detected, the front-line staff should compliance can lead to internally report it to senior authorities as early as possible. After initial firefighting, root cause analysis should be significant fines and penalties undertaken in order to plug the gap that resulted in such a breach. Notification of the breach to impacted customers and even revocation of business and regulatory reporting on actions taken are the other steps needed to handle privacy breach. license in extreme cases. The lessons of a privacy breach incident should be immediately fed into the organisation’s control framework to ensure prevention of such instances in future. to-day issue. It is an exciting challenge, especially with a discipline that continues to mature. Keeping in view the current financial scenario, how do you see privacy initiatives surviving the budget scalpels everyone I think the broad spectrum of levels on which privacy else is facing? is to be protected is the biggest challenge where we will have to rise from privacy protection to privacy Privacy protection is based on the cognisance that personal management. This clearly goes beyond traditional information is a strategic asset and hence it needs to be concepts of privacy and requires an effective integration in managed from a more strategically central and relevant place the way information technology is developed and used. As a in the corporation to optimise its value. result, financial institutions will have to develop internal controls and policies to ensure compliance with these In the present and highly commercial consumer age, regulations. Non-compliance can lead to significant fines personal information coupled with rational budget spends and penalties and even revocation of business license in has become a precious commodity especially when many extreme cases. financial institutions’ business models thrive on utility of such personal information. Senior management can Organisations will have to respond to this increasing therefore no longer view data privacy and security as remote complexity of law and regulation by emphasising privacy risk that can be put off for a better day! 16
  • 17. PERSPECTIVE Islamic Insurance in the Middle East Takaful has recorded significant growth and is all set to grow further. According to estimates by the National The emergence of Takaful has its roots in the non- compliance of conventional insurance products to Shari’a Insurance Academy, the global Takaful industry principles which has caused an inherent lag in the acceptance has been growing at 20 per cent compounded of conventional products in the Middle East . Shari’a annual growth rate, with 2008 global Takaful principles prohibit the support of models that adopt premiums standing at $7.29 billion, and the elements of Maysir (excessive risk taking), Gharar (uncertainty, unclear terms in contracts, gambling), Riba market share of Takaful within the Middle East (interest)and haram (non-ethical businesses such as at 30 per cent, i.e. around $ 4.6 billion. gambling & pornography and prohibited items such as pork & alcohol). Takaful is derived from an Arabic word which means solidarity where a group of participants Thus, Shari’a compliant products based on the principles of Ta-awun and Tabarru have given tremendous impetus to the agree amongst themselves to support one Middle East insurance market, which is arguably the largest another jointly against a defined loss. It is single potential market for Takaful globally. based on the principles of Ta-awun (mutual assistance) that is Tabarru (voluntary). Overcoming Regulatory Issues In a sense, Takaful is similar to conventional The operation of Takaful models, vis-a-vis its conventional counterpart, has several implications on the regulatory co-operative insurance where participants pool aspects of Takaful. Some of these include: their funds together to insure one another. Effective Shari’s governance: The setting up of a Shari’a board is required from a supervisory perspective. This is because the insurer is responsible for ensuring that all aspects of the business are conducted under the principles of the Shari’a, and would require the insurer to present its compliance to the same on a regular basis. Capital adequacy norms and disclosure: There is a difference in the risk profile between both types of (conventional and Takaful) life insurance. Family Takaful 17
  • 18. PERSPECTIVE (the Islamic counterpart of life insurance) is based on a shareholders themselves. Other commonly used channels defined contribution whereas conventional life insurance are brokers, agents and banks to a certain extent. With is based on a defined benefit that is paid out upon brokers focused typically on high value customers, there is a maturity, surrender or death. Hence there are need to have a well-trained force of sales agents as Takaful implications for capital adequacy and disclosure to products are more complex than conventional ones. Also, consumers. In case of a deficit in the Takaful fund, there though BancaTakaful is currently lower in the pecking order is no norm that advises how this deficit is to be covered of channels, its popularity is increasing rapidly and is poised i.e. whether it would be taken from investor accounts or to become an important channel for the Takaful industry, through a loan taken by the insurer. especially as products get progressively simple and standardised. Profit-sharing standards: Determination of the method of calculation of shares of profit/surplus to Developments Within Key Takaful Markets each investor. There is no set standard on this but it is being followed differently by different insurers. Bahrain Except for a few common regulations, those governing the The International Takaful Association is being formed conventional insurance industry globally issued by and is expected to play an important role in the International Association of Insurance Supervisors (IAIS) promotion of the Takaful industry, increase cooperation do not apply to the Takaful industry. The Islamic between members and increase the level of education counterpart of IAIS is the Islamic Financial Services Board and awareness of the public about Takaful products. (IFSB) that was set up to provide global standards and One of the responsibilities of the Bahrain-based guiding principles for the Islamic financial services industry. Accounting and Auditing Organisation for Islamic In December 2008, the IFSB came up with an exposure Financial Institutions (AAOIFI) is the development of draft on Guiding Principles on Governance for Takaful standards for Takaful. Operations which complemented the principles already The issuance of an insurance rule book, in 2005, was existing in the conventional insurance industry. done by the Bahrain Insurance Association, which was responsible for developing this sector. The principles set out by IFSB encompass three points: Bahrain’s insurance legal framework is one of the most established ones in the region, which was confirmed by Ensuring good governance practices for Takaful-related the Financial Sector Assessment Program (FSAP), a products joint venture between IMF and the World Bank. Increase awareness about good governance practices for ensuring the interests of the public. Saudi Arabia Provision of relevant guidance and important options to ensure appropriate corporate governance. The Cooperative Insurance Companies Law that came into force in 2003 required all insurance companies to Safeguarding the interests of all stakeholders operate under the Shari’a compliant model. Design a good governance structure to safeguard the The legal framework in the country is in its nascent stage interests of all stakeholders and has a long way to go in terms of design and Nurture an environment which can make available implementation. large, adequate information based on the substance The region is in a transitory phase where the and relevance of the information. implementation of the licensing process is ongoing. Setting up of a more comprehensive prudential United Arab Emirates framework for Takaful undertakings Provision for other relevant standards in the future The existence of a dual court system that includes a Ensure sustainability of Takaful undertakings with Shari’a court (responsible for family and religious sound risk management and solvency matters) and a new insurance commission (responsible for setting up standards and policies). Although these principles are very basic, their Mandatory pre-conditions are required to offer Takaful implementation will lay a foundation for the future evolution products such as: of the Takaful regulatory space and will play the role of a - Specification of products and contracts. driver for the Takaful industry. - Clarity and complete understanding of the implementation process. - The appointment of a Shari’a supervisory board. Distribution Channels - Practice of risk management related to Shari’a activity. The most popularly used channel in the Middle East is direct - Setting up of sound accounting, auditing and sales with the major contributors of the Takaful fund being regulatory standards. 18
  • 19. PERSPECTIVE The Dubai International Financial Centre (DIFC) has further contributed to the development of Takaful. Takaful Models Differences between regulation of conventional Key Drivers for Takaful in the Middle East insurance products and Takaful products lies within the Apart from the fact that the market is currently under- structure of the different Takaful models which are insured, there are other systemic factors which will drive formed so as to ensure Shari’a compliance. growth of Takaful in the Middle East: There are four primary models: Mandatory Classes of Insurance: Mandatory insurance for automotive and health in the region will act as a major Mudharaba: In this model there are two parties in driver for the demand for Takaful products in the region. contract - the Takaful operator (TO) and the capital This will drive the growth of the retail Takaful market. providers. Favourable Demographics: The demographics of the The TO is responsible for the management of the population in the Middle East is very favourable for growth Takaful investments made by the capital providers. of insurance, especially as a large part of the population is The TO brings to the table a set of business skills young, leading to short-term demand for life insurance and which he uses for managing the fund. When there is medium-to-long term demand for other classes of a profit, it is shared between the TO and the capital insurance. The population is also growing at a significantly investors in a pre-decided manner. high rate. This model is commonly used in the Asia Pacific region and is typically used for family (life) Takaful Privatisation Initiatives of Government Pensions and Programs: The shrinking role of the state in providing products. The Mudharaba model is popularly used for pensions will increase the demand for life insurance within investment purposes. the region. Wakala: Here the TO company is distinguished from Economic Impact of the Crisis: The global economic the capital providers and the TO is paid a crisis being faced across geographies today can be principally predetermined fee which is deducted from the attributed to excessive risk taking, greed and unethical contributions made by the capital providers. This fee practices. Takaful insurance companies and Islamic financial is related to the level of performance so as to entice institutions would steer away from these practices by the operator into performing better. The surplus definition and would see a surge in even the non-Muslim belongs to the capital providers and the operator members placing their confidence on financial institutions does not have a share in it. founded on ethical principles. This model is widely used in the ME and is popularly used for the risk-sharing/underwriting aspects of Conclusion Takaful. There is no doubt that the Takaful industry will grow further in the Middle East, especially given that the insurance Hybrid: A combination of Mudharaba and Wakala market is still under-developed in the region. Despite a models, this involves the payment of a fixed current lull in economic conditions, the long-term economic proportional fee (off the total contribution) as well as outlook for the Middle East insurance industry continues to a part of the profits to the TO. be positive. In addition to favourable demographics, there has been significant growth in the number of companies This model has adopted the strengths of both models that have set up Takaful operations over the last few years. by using the Mudharaba model for investment Many of the new market participants are equipped with activities of the Takaful fund and the Wakala model global best practices and are well capitalised. Thus, the new for underwriting activities. entrants are expected to spur competition while at the same time increasing Takaful acceptance and awareness. Waqf: In this model the operations are based on non- profit where the contributions are 100% provided by Takaful today is widely regarded as an innovation in the investors who are willing to contribute to the less insurance industry. While Takaful lends itself very well to fortunate of the society. personal lines of business, the corporate risk market is much more complex. We believe that the next round of innovation This operates as a public foundation. In this case the will come from large-scale risk coverage for large businesses, fund does not belong to any one person and profits or especially those which are funded by Islamic banks. surplus are not distributed to the contributors. 19
  • 20. SOLUTION SPOTLIGHT AGILIS Bancassurance Banks consider technology to be a key business driver. Companies active in strategic Bancassurance partnerships Bancassurance has grown to become one of continue to seek technology which can provide the the largest distribution channels for insurance necessary fuel to enhance agility in adopting, integrating and companies across the globe. Earlier, implementing change. Technology that can provide all this bancassurance activities were handled without locking-in companies in heavy investments is clearly the way to move forward. manually under one roof by a few players with a limited clientele and geographic coverage. AGILIS Bancassurance is a comprehensive solution for However, with competitive pressure on banks that sell insurance products, both life and non-life, to productivity, efficiency and customer service their clients. AGILIS Bancassurance manages the bank’s entire insurance broking back-office operations, leaving its standards rising, bancassurance providers staff to focus on procuring more business and spending have increased their adoption of technology, more time in the front office. and now consider it a key business driver. The product is capable of handling: The alignment and integration of various Life processes have resulted in connecting the Motor banks’ network and have helped them Health (including medical and travel) significantly to achieve seamless integration Property and Fire with insurers’ systems and processes. The Marine, Mortgage and Engineering adoption of integrated technology has led Functionally rich, the product integrates with insurance banks to achieve improved efficiency by way of companies’ systems seamlessly and also allows for greater decreased operational costs, decreased turn accuracy while providing speedy transactions, leading to around time, increased revenue, scalability, improved customer satisfaction. integrated and aligned business processes Every bank providing bancassurance looks for a system that: resulting in creation of true value for stakeholders. caters to all classes of insurance is specifically created for the bancassurance industry enables cross selling and up selling to existing bank 20