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National and Global Islamic Financial Architecture:

Prolems and Possible Solutions for the OIC Member Countries

129

Tax regimes and impact on Islamic Finance

The DGID (The Direction of Taxes and Properties ), a branch of the Ministry of Finance,

included the waiver of double taxation for Murabaha products used by financial institutions in

case of the sale of an asset in its Tax Law of 2013. This was an indication from the authorities

of the government’s will to encourage the development of Islamic finance in the country.

However, the taxation system has no specific dispositions for sukuk despite the issuance of a

sukuk by the government of Senegal in 2014. When Senegal issued the sukuk, the CREMPF (the

Central Bank body regulating Financial Markets) had to work with ICD of Islamic Development

Bank Group to adjust the rules and adapt these to fulfill the requirements of the transaction to

issue the sukuk.

Dispute settlement/conflict resolution framework and institutions

The actions taken by the government to create a sustainable and easy way to do business are at

the core of the national strategy. Therefore, disputes including commercial ones are settled in

civil courts. Nevertheless, the Decree-Law 2014-1653 of 2014 tackles the issue by establishing

an ombudsman that settles conflicts involving banks, microfinance institutions and post

offices. This law treats Islamic and conventional finance equally. As the current law is inspired

by the French constitution and laws, it does not mention Shariah. As such, Islamic finance is not

treated differently and falls under the current laws. Furthermore, the professionals in the legal

system lack training to deal with Islamic finance issues.

Bankruptcy and resolution of banks

Under Senegalese law, financial institutions that wish to withdraw their license must notify the

Minister of Economy and Finance and the request is processed by the Central Bank. There are

no specific resolution mechanisms for Islamic financial institutions. The judiciary is not

equipped with the proper instruments or training to deal with defaults sukuk for resolving

either domestic or cross border issues.

4.9.2. Financial System Regulation and Supervision Framework

The Central Bank of West African States BCEAO allows Islamic banking in its regulatory

framework under the label “financial institutions not using interest rates”. However, the

regulations do not differentiate between conventional and Islamic finance. Licensing

agreements are the same for Islamic and conventional finance. Even though BCEAO has been a

member of IFSB since 2012, IFSB standards are not yet applied to Islamic banks. There are no

sharia compliant instruments that can meet Basel III tier 1 or 2 capital requirements. Even

though a few conventional banks applied for Islamic windows, the Central Bank has not given

any authorizations. There are no financial soundness indicators for Islamic banks.

Inter-African Conference of Insurance Markets (CIMA) established in 1992 regulates and

supervises the insurance industry under its regulatory body Regional Commission of Insurance

Control (CRCA) covering 14 West African and Central countries including Senegal (Allen et. al.

2011). CIMA uses conventional insurance codes as basis of its regulation. Without the

authorization of CIMA, no Takaful activities can be taken. This may require adding takaful

features in the existing codes.