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AFSA NOTICE №AFSA-Q-NB-2021-0005 ON GRANTING MODIFICATIONS TO Otan Private Bank Limited

NOTICE No. AFSA-Q-NB-2021-0005


THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA)HEREBY GIVES NOTICETHAT:


OtanPrivate Bank Limited(“OPB”) was granted the modifications of the AIFC Banking Business Prudential Rules (“BBR”) 5.26 (1), 5.26 (7), 5.26 (8) and the AIFC Banking Prudential

Guideline (“BPG”) Paragraph 25 of Chapter 5, Paragraph 83 (Table F1, item 1, 2) of Chapter 6, Paragraphs 66, 178, 191 of Chapter 9 as specified in the right-hand column of the Table.


Table. MODIFIED AIFC RULE/GUIDELINE

Item No

Reference to the relevant rule/guideline

Modified rule/giudeline

1

Paragraph 66, Chapter 9 of the BPG:

Level 1 HQLA

66. Level 1 HQLA must be valued at market value and it consists of:

Paragraph 66, Chapter 9 of the BPG:

Level 1 HQLA

66. Level 1 HQLA must be valued at market value and it consists of:

claims on the National Bank of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan (liquidity on the current accounts, deposits and marketable securities) that are not restricted;

claims on the Eurasian Development Bank (liquidity of the accounts, deposits and bonds) that are not restricted.

2

Paragraph 178, Chapter 9 of the BPG:

178. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 186 & 187, which pertain to certain encumbered assets:

Paragraph 178, Chapter 9 of the BPG:

178. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 186 & 187, which pertain to certain encumbered assets:

Claims on the National Bank of the Republic of Kazakhstan, Government of the Republic of Kazakhstan (liquidity on the accounts, deposits and bonds) thatare not restricted;

Claims on the Eurasian Development Bank (liquidity of the accounts, deposits and bonds) that are not restricted.

3

Paragraph 191, Chapter 9 of the BPG:

191. The AFSA may allow, on a case by case basis, a Bank to include a longer term asset which is relatively easy to liquidate in the sight - 8 days time band. The discount factor to be applied to types of marketable assets must be determined by reference to the following table:

Paragraph 191, Chapter 9 of the BPG:

191. The AFSA may allow, on a case by case basis, a Bank to include a longer term asset which is relatively easy to liquidate in the sight - 8 days time band. The discount factor to be appliedto types of marketable assets must be determined by reference to the following table:



Benchmark discount




Benchmark discount




Central government and central government-           guaranteed marketable Securities with twelve or fewer months 'residual maturity, including treasury bills; and eligible local authority paper and eligible bank bills.

0%



Central government and central government-           guaranteed marketable Securities with twelve or fewer months' residual maturity, including treasury bills; and eligible local authority paper and eligiblebank

bills.

0%



Non-government debt Securities

which are Investment Grade, and which have six or fewer months' residual maturity.

5%

Non-government debt Securities which areInvestment Grade, andwhich have six or fewer months' residual maturity.

5%






The marketable securities of the Eurasian Development Bank

0%


4

Paragraph 25, Chapter 5 of the BPG:

25. In respectof table 5B, the list of multilateral development banks (Item 4 in Column 1) which qualify for a 0% risk weight,are published by the BaselCommittee for Banking Supervision (BCBS). The list was originally included in the document Basel II: International Convergence of CapitalMeasurement and CapitalStandards: A RevisedFramework—Comprehensive Version¸ published by the BCBS on 30 June 2006, andhas since been updated by BCBS newsletters. As at November 2016 the list is as follows:

Paragraph 25, Chapter 5 of the BPG:

25. In respectof table 5B, the list of multilateral development banks (Item4 in Column 1) whichqualify for a 0% risk weight, are published by the Basel Committee for Banking Supervision (BCBS). The list was originallyincluded in the document BaselII: International Convergence of Capital Measurement and Capital Standards: A Revised Framework—Comprehensive Version¸ published by the BCBS on 30 June 2006, and has since been updated by BCBS newsletters. As at November 2016the list is as follows:

The Eurasian Development Bank.


5

Section 5.26 (1), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures Calculating exposures

(1) Large exposure means a grossexposure to a counterparty or connected counterparties that is 10% ormore of the Bank's regulatory capital. In thisrule:

gross exposure to a counterparty or connected counterparties is the total of the following exposures:

Section 5.26 (1), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures Calculating exposures

(1) Large exposure means a grossexposure to a counterparty or connected counterparties that is 10% ormore of the Bank's regulatory capital. In thisrule:

gross exposure to a counterparty or connected counterparties is the total of the following exposures:

d) cash on accounts risk-weighted in accordance withTable 5B and Table 5C of BBR.


6

Section 5.26 (7), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures

Limits on exposures

(7) The totalof the Bank'snet exposures to any 1 counterparty or any 1 group of connected counterparties must not exceed25% of theBank's regulatory capital.

Section 5.26 (7), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures

Limits on exposures

(7) The totalof the Bank'snet exposures to any 1 counterparty or any 1 group of connected counterpartiesmust not exceed 25% of the Bank's regulatory capital, except to any types of claims on the National Bank of



the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. Thenet exposure on the Eurasian Development Bank is limited up to 300% of the Bank'sregulatory capital.

7

Section 5.26 (8), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures

Limits on exposures

(8) The totalof all of the Bank'snet large exposures must not exceed800% of thatcapital.

Section 5.26 (8), Chapter 5 of the BBR:

5.26 Management of Concentration riskexposures

Limits on exposures

(8) The totalof all of the Bank'snet large exposures must not exceed800% of that capital, except to any types ofclaims on the National Bank of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

8

Paragraph 83 (TableF1, items 1,2),Chapter 6 of the BPG:

83. The Bank may offsetmatched long and short positions (including positions in derivatives) in identical instruments with exactly the same issuer,coupon, currency andmaturity.

Table F1 specific risk capital charges

Paragraph 83 (TableF1, items 1,2),Chapter 6 of the BPG:

83. The Bank may offsetmatched long and short positions (including positions in derivatives) in identical instruments with exactly the same issuer,coupon, currency andmaturity.

Table F1 specific risk capital charges


column 1

item

column  2 category

column 3

external credit rating

column 4

residual maturity

column 5

specific risk capital

charge (%)


1

government

AAA to AA-

and             claims

on          the

National Bank of theRepublic of Kazakhstan and        the Government of           the

Republic of Kazakhstan.


0.00







2

qualifying

claims on the Eurasian


0.00







Development Bank






CONDITION


The modifications granted in the above Table are subject to monthly reporting of large exposures, including monthly reporting of top-tendepositors and top-tencreditors.

The modification items 4, 5, 6, 7 of the above Table are granted for 12 months and are renewable unless Otan Private Bank Limited identifies other additional counterparty banks to allocate its funds.

The AFSA will publish the modifications of BBR 5.26 (1), 5.26 (7), 5.26 (8) and BPG Paragraph

25of Chapter 5, Paragraph 83 (Table F1, item 1, 2) of Chapter 6, Paragraphs 66, 178, 191 of Chapter9 on its officialwebsite.


EFFECTIVE PERIOD


This notice comes into effect on the date of issue.


INTERPRETATION


THIS NOTICE IS ISSUED PURSUANTTO SECTION 9 OF THE FINANCIAL SERVICESFRAMEWORK REGULATIONS BY THE ASTANAFINANCIAL SERVICES AUTHORITY.