Is Islamic Finance ready for more standardization?

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As new market participants enter the scene, Shariah banking continues to grow despite the threat of a global recession. But is the industry also progressing in terms of unity and transparency?

When bankers from East and West gathered in Manama at the 18th Annual World Islamic Banking Conference in November 2011, one topic was prevalent at nearly all discussion rounds: standardization.

But while Islamic Finance is expanding to new frontiers such as Uganda, France, Egypt, South Korea and Oman, the objective to make Shariah-compliant financial products more standardized appears more and more like a far-fetched daydream.

Let’s take France, with its legal environment based on the Napoleonic Code civil. The French jurisdiction differs greatly from British Common law or Case law, the predominant legal framework in England, the centre of Islamic finance in Europe. How shall a financial solution, let’s say an Islamic trade financing based on Murabaha, be used by a London-residing bank if it was legalized in France? Calls for more standardization overlook the individual nature of national jurisdictions, which still exist even in the 27-member states European Union.

The Common law is also used in the Dubai International Financial Center (DIFC), one of the major Islamic banking hubs in the Middle East, while the jurisdiction in the UAE is based on a mix of the French Code Civil and Islamic law. “Both legal environments differ too much from each other,” says Houram Houssani, Partner at the GCC‘s largest law firm Al Tamimi & Co. in Dubai. “This is why we think the DIFC will, legally, continue to exist as a state in the state within the UAE.”

At the same time, Qatar has implemented a strict separation between Islamic and conventional banking, banning Islamic windows at all conventional lenders in the country, a first in the industry.

Divergent views on Islamic Finance’s future

Anecdotal evidence also shows that the leading market participants do not agree at all in the direction Islamic Finance shall take, as AMEinfo.com has learned when from interviewing experts at conferences. One Islamic Finance consultant based in Dubai blames some banks for not operating in an Islamic way at all but “running a Shariah-bank with a conventional window”. Other professionals are outraged that some financial firms try to develop Islamic derivatives or even Islamic hedge funds despite the fact that Shariah bans interest, short-selling and speculation.

In some cases, rules set by the Islamic Financial Services Board (IFSB), one of the most accepted international standard setting organizations, are even stricter than the guidelines for the conventional world. According to Rohit Verma, product management director at Oracle Financial Services, the IFSB “has stricter capital requirements than those proposed in Basel III, with tier 1 and total capital requirements currently standing at 8% and 12% respectively. The minimum common equity requirements for Basel III are set at 4.5% and total capital requirements have been set at 8% with a 2.5% buffer,” Verma writes in an article published in New Horizon (Issue October – December 2012). Although Basel III does not distinguish between conventional and Islamic banks, the rules are primarily set for the conventional world, as the Shariah finance universe stands for 1% of the global economy.

“Focus on a few things, not many things,” is a favourite piece of advice from legendary investor Warren Buffet. Maybe it is time for Islamic finance to focus on its strengths, namely to provide a non-conventional, non-interest ethical way of banking and investing rather than trying to put the whole industry under one hat, labelled “standardization”, a task which seems to be “Mission: Impossible” as more participants enter the scene.

© 2011 AMEINFO (www.ameinfo.com)
Posted on February 29th 2012 in Business

An Adventurous Spirit

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New York’s Tuthilltown Gristmill is a long way from Nasmyth Road, a quiet, nondescript Victorian terrace in the suburbs of West London. Around 3,500 miles, if you had to put a figure on it. But the spirit of the Hudson Valley farm distillery isn’t far from a small, disused garage near the River Thames where a 2½-year-old copper still lies gently hissing away, distilling one of London’s newest gins.

Drinking Now

[drinking now]

From everyday drinking to a treat from the cellar, three gins perfect for tasting today.

That gin is Sipsmith, praised for its zesty aromatics and dry “London style.” Such is its success—it is now stocked in a swathe of upscale bars, including London’s Savoy Hotel, Boca Grande restaurant in Barcelona and Soho House in Berlin—that Sipsmith has added sloe gin, vodka, damson vodka and a summer cup to its portfolio. There are also plans for a second still and a U.S. export deal. For a brand that began life barely three years ago, it’s been quite a ride.

The story goes back to 2002, when, in a Lower Manhattan coffee bar, childhood friends Stamford Galsworthy and Fairfax Hall found themselves thinking of home. The drinks business had led them from England to the East Coast of America, where Mr. Galsworthy was working in the export department of U.K. brewer Fuller Smith & Turner PLC in New York and Mr. Hall held a job with Diageo PLC’s strategy department in Philadelphia. Inspired by the small distilleries they encountered on their travels around America, such as Tuthilltown, Hangar One Vodka near San Francisco and Bluecoat Gin in Philadelphia, they had the genesis of an idea: to create their own microdistillery in London.

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“There were so many things about the microdistilling culture in America that were great,” says the 35-year-old Mr. Galsworthy. “The quality of production was so much better. There was a real energy around all these little microdistilleries popping up everywhere, and we saw how consumers loved the buzz of an artisanal product.” But it took them five years, says Mr. Hall, 36, to “talk themselves into it.” After quitting their jobs, they moved back to England and set up shop in a West London premises that once belonged to the late whisky writer Michael Jackson. Employing the services of master distiller Jared Brown and commissioning a copper still from Germany’s oldest producers, Christian Carl, they set about creating a classic London-style gin, with unique botanical flavorings—a nod to the long-lost recipes of England’s West Country gins.

Sipsmith

Sam Galsworthy (sitting), Jared Brown (left) and Fairfax Hall (right) with their “Prudence” still at Sipsmith distillery in London.

“It was a dream project,” admits Mr. Brown. “The evening I met Sam and Fairfax, we got talking about our general philosophy and what made a good gin, and we all agreed that the best that could possibly be done in the modern age is to take today’s better equipment, better-controlled ingredients and apply those to the formulas and understandings that came up over the centuries of making gin.”

Gin’s origins stretch back to the Middle Ages, when it was served as a remedy for various ailments. The modern form is said to have been introduced to Britain by soldiers who had drunk it in Holland during the Eighty Years’ War (hence the expression “Dutch Courage”). It grew in popularity, reaching its height in the mid-18th century, when its distillation was so widespread the era became known as the Gin Craze. An increase in taxes, licensing requirements and a change in taste eventually led to the closure of many distilleries, leaving Beefeater as London’s major premium producer.

The process used to create gin—distilling spirit, water and juniper berries and various citrus botanicals such as coriander and cinnamon—hasn’t really changed since 18th century. But despite the one-time proliferation of stills in England, “Prudence” (the name Messrs. Hall and Galsworthy, inspired by a favored phrase of former Prime Minister Gordon Brown when he was Chancellor of the Exchequer, gave their still) was the first to be launched in London in nearly 200 years.

In order to create a unique taste, Jared Brown went through a raft of historical recipes from the 1,000-drinks-book library at his home in Gloucestershire, and started experimenting with ingredients such as Italian orris root and Chinese cassia bark. “The whole process took around six months,” he says. “The challenge was not the recipe, but tailoring it to the still.” And a desire to create a bit of gin-making history as well.

Corrections & Amplifications

The modern form of gin is said to have been introduced to Britain by soldiers who had drunk it in Holland during the Eighty Years’ War. An earlier version of this article said it was introduced during the Thirty Years’ War.


Write to Will Lyons at wsje.weekend@wsj.com

© 2011 Wall Street Journal (www.wsj.com)
Posted on February 29th 2012 in Uncategorized

Rugby players in assault arrest

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Two Welsh rugby internationals are among four people arrested after an incident in Cardiff hours after Wales' weekend Twickenham victory.

Cardiff Blues winger Tom James, 24, and fly-half Ceri Sweeney, 32, were arrested and bailed after a man was assaulted early on Sunday.

Police said a 26-year-old man needed stitches for a facial wound after an incident in Greyfriars Place.

Blues chief executive Richard Holland said: "There was an incident."

South Wales Police have not named the players, but say two men aged 24 and two other men aged 27 and 32 were arrested.

Neither Sweeney, who played the last of his 35 Tests in 2007, or James, who has won 10 caps since 2007, are part of the current Wales squad competing in the Six Nations Championship.

BBC Wales understands the alleged assault took place outside the Tiger Tiger club.

Blues chief executive Holland added: "There was an incident but until the police have concluded formalities from their side there is no statement to make on it."

Police said a second man, aged 27, was also assaulted at around 01:20 GMT.

Police say they are keen to hear from anyone who was in the area at the time and witnessed the incident.

Anyone with information can contact the force by calling the non-emergency number 101 or Crimestoppers anonymously on 0800 555111.

© 2011 BBC News (www.bbc.co.uk)
Posted on February 29th 2012 in Top Stories

Foreign Deal on Tax Dodging

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WASHINGTON—The Treasury Department and the governments of five European nations reached broad agreement Wednesday on a proposal to prevent U.S. taxpayers from dodging taxes through foreign accounts.

WSJ’s John McKinnon stops by Mean Street with an interesting detail in the Senate’s proposed highway bill: it would be funded in part through taxes on IRAs and retirement accounts. Photo: AP.

At the same time, the Treasury and the IRS also released proposed regulations to implement a 2010 U.S. law known as the Foreign Account Tax Compliance Act, which requires foreign financial institutions to report detailed information about U.S. account holders to the IRS and possibly withhold taxes on individual accounts.

If firms don’t comply, they could face U.S. tax penalties. An agreement among the U.S. and the other countries could help streamline implementation of the law.

The Treasury aims to make the regulations final by this summer.

France, Germany, Italy, Spain and the U.K. expressed support for the Treasury Department’s proposal, while other nations will be given a chance to evaluate the proposal and join in.

Washington for the past three years has been aggressively pursuing foreign accounts to make sure people aren’t using them to dodge U.S. taxes.

In a landmark 2009 settlement, Swiss bank UBS AG agreed to turn over to the U.S. the names of more than 4,000 U.S. taxpayers with secret accounts.

The IRS has since rolled out two programs allowing U.S. taxpayers who step forward to, in many cases, pay large penalties but avoid prosecution. At least 33,000 have taken the deal.

The 2010 law, known as Fatca, targets foreign banks to make sure U.S. taxpayers are paying the IRS what they owe.

The Treasury said various provisions of the regulations would be phased in from 2013 to 2017, to allow banks to develop appropriate systems and ensure they don’t violate local rules.

A Treasury official said several specifics of the new regulations would ease potential administrative burdens while still achieving the law’s purposes. For example, the proposed regulations allow foreign banks to rely on data they already collect to comply with anti-money-laundering rules, the Treasury said.

The announcement also appeared to embrace a recommendation by U.K. financial institutions for reduced information-gathering requirements on investment accounts that aren’t marketed to U.S. investors.

David Miller, a partner with Cadwalader Wickersham & Taft LLP, said the proposed regulations are less burdensome than they could have been and satisfy the objective of ensuring “that U.S. taxpayers with foreign accounts pay what they owe.”

European banks for months had raised concerns that the U.S. law, as originally passed, might conflict with European privacy laws by requiring banks to enter into information-sharing agreements directly with the IRS. They initially reacted with favor to the new proposals.

Wednesday’s announcement included a joint statement from the U.S., Germany, France, U.K., Italy and Spain expressing intent to adopt a “common approach” to implementing the new law. That could allow banks to report U.S. account-holder information to their own governments rather than the IRS, solving many of the potential legal problems, European financial institutions said.

“I think this is a very positive approach,” said Peter De Proft, director general of the European Fund and Asset Management Association in Brussels. “We were very worried with the original approach and the burden it would bring.”

Countries such as Canada, Japan, Australia and China will be able to evaluate the proposed regulations and join in the negotiations with the U.S., said Phil West, a former international-tax counsel for the Treasury who is now at Steptoe & Johnson LLP in Washington.

As the network of participating countries grows, “it may be that ‘bank-secrecy’ jurisdictions feel increasing pressure to move toward a growing international consensus on information exchange,” Mr. West added.

U.S. financial institutions, which also had worried about the potential burden of the new rules, had mixed reactions to Wednesday’s announcement. Some expressed relief U.S. officials appeared to accept a number of their suggestions for reducing the potential negative effects on them. But others warned the new system still could lead some foreign banks to reduce their investments in the U.S., to minimize their exposure to U.S. tax penalties.

“Implementation of [the new rules] will impose significant challenges and costs for many United States financial services firms and their customers,” the Securities Industry and Financial Markets Association, a Wall Street trade group, said in a statement.

While the Treasury is still implementing the law for financial institutions, individuals already are feeling the impact. U.S. taxpayers holding foreign financial accounts above a threshold as low as $50,000 will have to file Form 8938 disclosing the accounts with their 2011 tax returns or risk financial penalties. These thresholds are different from those for the annual Foreign Bank Account Report form, which is due separately to the U.S. Treasury by June 30.

Write to John D. McKinnon at john.mckinnon@wsj.com and Laura Saunders at laura.saunders@wsj.com

© 2011 Wall Street Journal (www.wsj.com)
Posted on February 29th 2012 in Business

Not guilty plea in ‘bondage’ case

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CNN’s Casey Wian contributed to this report.

Posted on February 29th 2012 in Uncategorized

Oil spill trial delayed in bid for deal

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London/New Orleans: The trial to decide who should pay for the 2010 Gulf of Mexico oil spill has been delayed by a week to allow BP to try to cut a deal with tens of thousands of businesses and individuals affected by the disaster.

Less than 24 hours before the case was set to start in a New Orleans federal court, US District Judge Carl Barbier pushed the date to March 5 from February 27.

The delay allows further talks between BP and the Plaintiffs’ Steering Committee (PSC), which represents condominium owners, fishermen, hoteliers, restaurateurs and others who say their livelihoods were damaged by the April 20, 2010, explosion of the Deepwater Horizon drilling rig and subsequent oil spill.

Eleven people were killed, and 4.9 million barrels of oil spewed from the 1.6km-deep Macondo oil well, in by far the worst offshore US oil spill.

Article continues below

© 2011 Gulf News (www.gulfnews.com)
Posted on February 29th 2012 in Business

A Puff Of Controversy Over Inhalable Caffeine

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Story By: by Allison Aubrey

A woman holds an AeroShot inhalable caffeine device in Boston.

Since we introduced you to AeroShot, a product that delivers a blast of caffeine through an inhaler, a few months back, it seems a lot of folks — mostly around college campuses in New York and Boston — have tried the quick pick-me-up.

But now the U.S. Food and Drug Administration has questions. And so does the American Academy of Pediatrics. Lots of them. The FDA says it will review the safety and legality of AeroShot.

Controversy can sometimes be good for sales. A spokesperson for the company says demand has shot up and the product is currently sold out — at least online.

AeroShot is the brainchild of Harvard professor David Edwards, and the company, called Breathable Foods, is led by Harvard College graduate Tom Hadfield. In a statement, Hadfield says he’s confident that the FDA review “will conclude that AeroShot is a safe, effective product that complies with FDA regulations.”

The FDA review comes after Sen. Charles Schumer, D-N.Y., raised concerns over AeroShot’s potential use as a “party enhancer.” “We need to make sure that AeroShot does not become the next Four Loko by facilitating dangerous levels of drinking among teenagers and college students,” Schumer wrote in a statement.

Another safety concern is whether the AeroShot particles could enter the lungs. According to the product’s website, the powder reaches the mouth where it is swallowed and ingested. But the American Academy of Pediatrics has questioned this claim.

“While your website claims that AeroShot absolutely does not enter the lungs, it is unlikely that none of the powder can enter the trachea and the large bronchi,” writes AAP President Robert Block, in a letter to Hadfield. “If some product does enter the lungs, the fast absorption of caffeine into the body could have serious potential health effects.”

The AAP also has concerns about the effect of the product on asthma. Block also questions what data Hadfield has to support the claim that AeroShot is safe for children ages 12 and above. (The AAP discourages the nonmedical use of caffeine by all adolescents and young adults.)

FDA spokesperson Tamara Ward tells The Salt that the review will determine whether a violation of the Federal Food, Drug, and Cosmetic Act has occurred, and whether regulatory action is warranted.

Posted on February 29th 2012 in Uncategorized

Afghan Outrage Grows Violent Over U.S. Quran Burnings

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Story By: Weekend Edition Saturday

At least 25 people have died in riots this week across Afghanistan ever since U.S. officials revealed that American soldiers had burned copies of the Muslim holy book. On Saturday, more than 1,000 demonstrators clashed with police outside a United Nations compound in the north of the country. Host Scott Simon gets the latest on the unrest from NPR’s Quil Lawrence.

Posted on February 28th 2012 in Uncategorized

Indian parents told to register babies in UAE

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Abu Dhabi: Indian parents have been urged not to delay the registration of their newborn babies with the Indian Embassy in Abu Dhabi or Consulate General in Dubai.

The immediate registration of the birth is required to obtain a passport, the embassy said in a statement.

The registration of the new-born children, if not done within a year of their birth, may result in delay in the issuance of a passport due to the involvement of additional necessary formalities and avoidable financial penalties.

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© 2011 Gulf News (www.gulfnews.com)
Posted on February 28th 2012 in Top Stories

Plane Makes Emergency Landing at Newark Airport

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NEWARK, N.J.—Newark Liberty Airport was briefly shut down after a commercial passenger plane with hydraulic problems was forced to make an emergency landing Monday.

A plane made an emergency landing at Newark Liberty International Airport Monday evening after having trouble with its front landing gear. The jetliner from Atlanta, carrying at least 68 passengers and four crew members, made a so-called belly landing onto a runway that had been coated in flame-retardant foam. The plane’s crew deployed the inflatable emergency chutes and the occupants evacuated the aircraft unharmed.

There were no reports of injuries among the 71 people aboard United Express Flight 5124.

Authorities say the plane, which had departed from Atlanta, landed around 6:20 p.m., not long after the pilot reported a landing gear problem. Further details on the problem weren’t immediately available.

Newark firefighters were dispatched to the scene, but found no smoke or fire aboard the plane.

A spokesman for the Port Authority of New York and New Jersey, which operates the airport, says it was closed shortly after the landing occurred. But two of the airport’s three runways reopened about an hour later.

© 2011 Wall Street Journal (www.wsj.com)
Posted on February 28th 2012 in Top Stories