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Retail Payment Systems

In the OIC Member Countries

88

Market access for foreign banks was somewhat limited because they were not allowed to open

more than eight branches throughout the modern banking operation period (1980-2003). In

2003, however, laws were changed, and today banks are allowed to open more than eight

branches special permission. Foreign banks confronted no obstacles, however, when they

wanted to open a representative office. At the end of 2004, there were thirty-six representative

offices throughout the emirates. Thus, UAE has been well represented by a cross-section of

foreign banks.

Federal Law 10, enacted in 1980, is the backbone of the conventional banking sector

(excluding Islamic banks), and Federal Law 6 was promulgated in 1985 to legalise Islamic

banking in the UAE. Islamic banking is still a small component of the UAE banking sector.

According to Islamic banking laws, banks cannot charge a fixed interest rate on deposits or

loans. Variable interest rates based on a profit/loss-sharing model is the foundation of Islamic

banking. Under the Federal Law 10, the Central Bank of the UAE was also established, and it

took over the responsibilities of the Currency Board. The bank's duties include advising the

government on monetary and financial issues, issuing currency, maintaining gold and foreign

currency reserves, and formulating a credit policy. All regulation and supervisory duties are

under the direction of the Central Bank. The UAE currency is pegged to the US dollar, which is

why the central bank has a limited role to play in setting monetary policy and controlling

interest rates; however, some monetary and credit controls are exercised through its sale and

purchase of certificates of deposits.

The central bank plays a role in formulating and monitoring credit policy, and in supervising

the financial sector as well (see Hashmi, 2007). All commercial banks incorporated in the UAE

are licensed by the central bank, and therefore are subject to the central bank’s requirements

and regulations. In 1998, the central bank made it mandatory for all banks to use International

Accounting Standards (IAS), and in early 1999, local banks were instructed to establish clear

corporate structures. Furthermore, the UAE central bank requires banks to maintain a capital

to risk-weighted assets ratio of at least 10% at all times. According to the Central Bank of UAE

regulations, all banks must be majority owned by UAE nationals. They also have to be

registered as ‘Shareholding Company’ under the UAE Companies Law and must be registered

with the Federal Ministry of Economy and Trade. (Central Bank of the UAE, 2005)

With regard to payment systems, the Central Bank established the Payment Systems Oversight

Unit (PSOU) in April, 2009 to supervise payment systems in general and to ensure their

efficiency and compliance with the Core Principles for Systemically Important Payment

Systems issued by the Bank for International Settlements (BIS). Every payment systems in the