A GENERAL OVERVIEW OF THE
CURRENT STANDING OF LABUAN AS AN INTERNATIONAL OFFSHORE FINANCIAL
CENTRE
Introduction
The year 2000 marks the tenth anniversary as an
international offshore financial centre for Labuan. Since its inception
in 1990, Labuan has developed rapidly and has emerged from the economic
crisis that hit Asia unscathed. As a result of the revival in the
regional economies, there has been a significant increase in the
numbers of offshore companies incorporated and foreign offshore
companies registered in Labuan.
By International standards, Labuan is a relatively
small player of the Offshore Industry, however it has become the
jurisdiction of choice around the South East Asian region. More
and more investors and bankers have begun to utilise Labuan because
of its strategic location and convenient time zone.
The success of the Labuan International Offshore
Financial Centre is reflected in the announcement by the Sultan
of neighbouring Brunei on the 15th July, 2000 declaring
Brunei as an International Financial Centre. Still recovering from
the asian economic crisis, Brunei has began to follow in the footsteps
of Labuan in a move to kick start its economy.
With the development of Brunei into an International
Financial Centre, Labuan, being an established offshore player,
is likely to be encouraged to develop new products and provide even
better services to maintain its edge over Brunei.
Competition however should be perceived as a good
thing as it would only spur the development of the industry and
ultimately benefit the investors who utilise the jurisdiction. It
is anticipated the region will become a hub for the Offshore Industry
in Asia.
A recent report which ranked offshore financial
centres into three groups according to their adherence to internationally
accepted standards for supervision, co-operation and information
sharing. Group 1 being jurisdictions perceived has having high levels
of supervision and co-operation, while Group 3 were assumed to be
jurisdictions with low levels of supervision and co-operation. Labuan
was classified in group 2 which is perceived as having legal infrastructures
and good supervisory practices.
To prepare Labuan IOFC for the challenges of the
21st century, LOFSA has introduce the following measures
for the further promotion and development of Labuan as an integrated
international financial centre:
- Liberalisation
of Entry Criteria for Offshore Banking;
- Policy changes
to Captive Insurance Business;
- Regulatory
amendments to Fund Management Industry;
- Proposed
Implementation of Anti-Money Laundering Bill;
- Development
of the International Islamic Money Market;
- Development
of the Labuan Financial Exchange;
- Development
of the E-Commerce Gateway and;
- Introduction
of an On-line company registration system to promote a paperless
administration.
i. Liberalisation
of Entry Criteria for Offshore banking
To encourage more offshore bankers to Labuan, LOFSA
has relaxed the entry criteria for offshore bankers to set up operations
in Labuan. Prior to the liberalisation, the entry of offshore banks
to Labuan has been restricted to the top 200 banks in the world
with minimum tier 1 capital of USD1 billion. As a result of this
stringent entry requirement, Labuan today, has the critical mass
of large and reputable banks.
Having successfully attracted the core players,
Labuan is expanding the range and diversity of players as well as
the range of financial products and services to cater for different
targets and niche markets. Targeting specific areas such as private
banking, fixed income activities, investment advisory, Islamic banking
and other "boutique" style institutions.
ii. Policy changes to Captive Insurance
Business
Several policies have been introduced to attract
more captive operators to Labuan. For instance, Malaysian residents
are now allowed to establish a captive in Labuan. Previously many
large Malaysian risk owners had to source their captive services
from other offshore centres in the world.
Another policy change is the reduction in capital
requirement of a captive insurance company in Labuan from USD300,000
to USD79,000 and an exemption from a physical presence in Labuan
iii .Regulatory Amendment
to the Fund Management Industry
Fund management activities in Labuan are governed
by the Labuan Offshore Securities Industry Act 1998 and two guidelines
that outline the requirements on operational matters.
These amendments have been implemented to remove
some impediments in the regulatory requirements while simultaneously
encourage the development of the industry. At present, the Fund
Management Industry in Labuan is still relatively small, however
it anticipated to be a major aspect of Labuan in the future.
iv. Proposed Implementation
of Anti-Money Laundering Bill
In line with the global focus on the establishment
of effective anti-money laundering regimes, the supervisory authority,
Labuan Offshore Financial Services Authority (LOFSA), has proposed
to pass an anti-money laundering bill specifically governing offshore
activities in Labuan. Malaysia is a party to the 1988 UN Drug Convention
and is also an observer at the Asia/Pacific Group on Money Laundering.
Malaysia also recently became a member of the OGBS.
v. Development of the International
Islamic Money Market
The proposed establishment of International Islamic
Money Market (IIMM) is a joint development between LOFSA, the Islamic
Development Bank and the Bahrain Monetary Agency. Since October
1999, this partnership membership has been enlarged to include Bank
Indonesia, Finance Ministry of Brunei, Finance Ministry of Saudi
Arabia and the Finance Ministry of Iran and the Central Bank of
Sudan. IIMM is proposed to be launched by next year.
IIMM is designed to be a network of Islamic money
markets to meet the liquidity needs of Islamic financial institutions
worldwide engaged in international finance. The establishment of
IIMM will spur expansion of business and dealings between Islamic
nations and generate spin-offs for the overall development of the
Islamic capital market. The successful implementation of IIMM depends
entirely on the concerted efforts between the Governments of Islamic
countries and the private Islamic bankers.
vi. Development of
the Labuan Financial Exchange
One significant development is the establishment
of the Labuan International Financial Exchange ("LFX").
This financial exchange was launched in April this year and it is
expected to be operational by 23rd November 2000.
LFX, being the first offshore exchange in Asia,
has the intention of being a full-fledge exchange with facilities
for the listing and trading of Financial Instruments. LFX will not
be limited in terms of the type of financial instruments, which
can be listed and aims to cater to the needs of the region and participants
worldwide.
Initially, concentration will be placed on the
listing of Financial Instruments like investment funds, equities,
structured debt instruments with expansion of listing to include
insurance-related instruments and other kinds of financial instruments
subject to the requirements and demand of issuers and investors.
These financial instruments can be listed based on both Islamic
and conventional principles. The financial instruments will initial
be denominated in USD. Other foreign currencies like the Euro and
Japanese Yen will be allowed at a later date.
LFX will be operated by Labuan International Financial
Exchange Inc. (the Exchange), (a company incorporated in Malaysia
under the Offshore Companies Act 1990). The offshore exchange is
wholly owned by the Kuala Lumpur Stock Exchange (KLSE) is governed
by Labuan Offshore Securities Industry Act 1998. As it is based
in an offshore jurisdiction, participants will benefit from various
tax incentives and exemptions.
The effects of the Malaysia’s Exchange Control
Measures will not affect the LFX since dealings will be in foreign
currencies. Notwithstanding this, there will be no restriction on
foreign investors holding securities listed on LFX as it is envisaged
that the issuers will most probably be from various countries. LFX
will no doubt complement the wide range of services already available
in Labuan.
vii. Development
of the E-Commerce Gateway
With the new opportunities created by the Internet,
Labuan has considered the potential of e-commerce in regards to
the promotion and marketing opportunities for the Labuan IFC. With
this in mind, LOFSA has undertaken steps for the establishment of
an E-commerce Gateway. It is anticipated that the web portal would
become the offshore financial services hub for Labuan IFC. It is
envisaged that the ECG will be ready for operation by year 2001.
viii. Introduction
of an On-line company registration system to promote a paperless
administration
Along with the development of the E-commerce Gateway,
the on-line registry is envisaged to be operational in year 2001
and is designed to provide efficient and orderly services to the
offshore players.
With the implementation of on-line registry, trust
companies would be allowed to make payments electronically and submit
documents for filing to LOFSA at the click of a button.
Conclusion
After a decade being an International offshore
financial centre, Labuan is forging along with the development of
new policies, financial products and services to enhance its role
and cement its place in the Global Financial Market. As the world
embraces new technologies and new methods of doing business, Labuan
IFC, likewise, through the changes and developments discussed, is
adapting to the rapid changes in the World in its quest to becoming
a leading provider of Offshore Financial Services.
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