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Banking Liberalization :
          An Indonesian Experience




  Presented in the symposium of the Assessment of Trade
                     in Services held by WTO Secretariat
                                     Geneva, March 2002


                                                           1
 

    AGENDA
     I. INTRODUCTION
     II. BANKING REFORMS & LIBERALIZATION
     III. BANKING LIBERALIZATION SINCE THE OUTBREAK
         OF THE FINANCIAL CRISIS
     IV. LESSONS LEARNED FROM INDONESIA
         EXPERIENCE
     V. BANKING LIBERALIZATION IN THE CONTEXT OF
         MULTILATERAL AGREEMENTS




                                      2
I.INTRODUCTION
                   DEREGULATION PACKAGE
                   DEREGULATION PACKAGE
                   in the real sector ::invite foreign direct
                   in the real sector invite foreign direct
Crash of the       investment (Act No.1 of 1967)
                     investment (Act No.1 of 1967)
 international
                   in banking sector (Act No.14 of 1967) ::
                   in banking sector (Act No.14 of 1967)
 oil market (the
                    October, 1988 policy package (the policy on
                     October, 1988 policy package (the policy on
 mid-1980s)         foreign entry in banking sector)
                     foreign entry in banking sector)
Deteriorated      liberal regime for foreign exchange flows
                   liberal regime for foreign exchange flows
 economy
Issued a          MULTILATERAL AGREEMENTS (WTO,
                   MULTILATERAL AGREEMENTS (WTO,
                   APEC, ASEAN)
                   APEC, ASEAN)
 series of          Liberalization process in banking sector ::
                    Liberalization process in banking sector
 deregulations      to strengthen the banking regulations and
                    to strengthen the banking regulations and
 by the               oversight framework
                       oversight framework
 Government         should be integral part of any liberalization
                    should be integral part of any liberalization
                      program
                       program
                                                               3
    II.     BANKING REFORMS &
            LIBERALIZATION
    SERIES OF FINANCIAL AND BANKING DEREGULATION PACKAGE

    1. June 1983 policy package :
         3 main points i.e. lifting credit ceiling and liberating deposit
          interest rates and phasing out Bank Indonesia liquidity credit.
         The aim of policy : to reduce limitation for banks to extend
          credits and to eliminate provisions on bank deposit interest
          rates previously prescribed by Bank Indonesia.
    2. October 1988 policy package
         This package set forth financial, monetary and banking
          policies, especially easing of restrictions relating to banking
          institution covering the opening of new private banks, bank
          offices and non bank financial institutions and various
          prudential banking regulations.
         The impact of policy package : the establishment of large
          number of new private banks, both domestic and joint venture
          banks                                         4
     II.   BANKING REFORMS & LIBERALIZATION
           (Cont.)

    3. The March 25, 1989  policy package
        Foreign exchange banks and non-banks financial
          institutions were required to maintain a net open
          position at not more than 25% of stockholders
          equity;
        Offshore borrowing ceilings for foreign exchange
          banks and non-bank financial institutions were
          eliminated;
        Commercial banks, development banks, and non
          financial institutions were permitted to lend
          investment credits and to undertake equity
          participation with a certain requirement.
                                             5
     II.     BANKING REFORMS & LIBERALIZATION
             (Cont.)
    4.   The February 28, 1991 policy package
         This package sets forth :
          The Basic Scheme for Bank Supervision;
          Provisions related to :
               Licensing, ownership, and management of banks,
                covering the foundation, ownership and management
                banks, opening of offices, and equity participation of
                banks in overseas financial institutions;
               Prudential     principles, covering capital adequacy
                requirements, legal lending limit, and net open position;
               Supporting factors for banking operations.
    5.   The May 29, 1993 policy package 
         This package covers prudential measures that should be fulfilled
         by bank i.e. Capital Adequacy Ratio, regulation concerning
         allowance for earning assets losses and provision on legal
                                                          6
II.BANKING REFORMS & LIBERALIZATION
    (Cont.)
    1.The enactment of new Banking Act No. 7 of 1992 to replace
      Banking Act No. 14 of 1967.
       the function of banks as a development agent is continued.
       the purpose of banking system is to support national
        development in order to improve equitable distribution of
        wealth, economic growth, and national stability
    2.The main distinction
       Banking structure :
          Banking Act No. 14 of 1967 : consist of several types of
           banks depend on the core bank business such as
           Development Banks, Commercial Banks, and Regional
           Development Banks.
          Banking Act No. 7 of 1992 : there are only two kinds of
           banks i.e. Commercial Banks and Rural Banks. This Act
           does not classify banks based on their core businesses.
                                                 7
 
    BANKING REFORMS & LIBERALIZATION

    3.The enactment of the ownership of banks on Banking Act
      No. 7 of 1992
       Classification of commercial banks : domestic commercial
        banks, joint venture banks, foreign banks
       Geographical limitation
          joint venture banks and foreign banks may only open
           their offices in eight major cities with limited number of
            offices in each city.
       Foreign participation in the ownership of commercial
        banks,
          foreign employees could engage in the management
           of joint venture banks and foreign banks.
          the foreign employees should conduct a transfer of
           knowledge to Indonesian employees.
                                                   8
 
        III.    BANKING LIBERALIZATION SINCE THE
                OUTBREAK OF THE FINANCIAL CRISIS
    Banking Crisis
    Banking Crisis              The Bank Reform
                                The Bank Reform
     Exchange rate
     Exchange rate                 Program
                                     Program
      turbulance
       turbulance
     The fragility
     The fragility
      of banking
       of banking                The Strategic
                                 The Strategic
      system
       system                      Measures
                                   Measures
     The
     The
      liquidation of
       liquidation of
      16 banks
       16 banks         Government Guarantee Scheme
                        Government Guarantee Scheme
                        Banking restructuring
                        Banking restructuring
                        re-capitalization
                        re-capitalization
                        corporate restructuring
                        corporate restructuring
                                               9
                        legal framework improvement
                        legal framework improvement
      BANKING LIBERALIZATION SINCE THE
      OUTBREAK OF THE FINANCIAL CRISIS
    A New Banking Act No. 10 of 1998 and Its Implementation Regulations
    1. Relaxation of foreign participation in the establishment of  new banks. 
         foreign citizens and or foreign legal entities together with Indonesian
          citizens and or Indonesian legal entities may establish a new locally
          incorporated bank based on a “partnership” principle.
    2. Relaxation of foreign participation in existing banks 
        Foreign investors may also participate in existing banks through :
         direct acquisition ; and or
         purchasing bank’s shares through stock exchange
    3. Opening of foreign bank branches.
         a foreign bank may open a new branch and sub-branch
         requirements :
             having good rating and reputation from the International rating
               agency;
             possessing total assets included in the list of top world rank 200;
             placing the operational funds in Rupiah or foreign currency with the
               minimum equivalent value of Rp. 3 trillion (+ USD 300 Million).
                                                             10
 




             IV. LESSONS LEARNED FROM INDONESIAN
                          EXPERIENCE




    *) Position of March
    **) Position of December
    In the year 2001 : 1 U$ is equivalent with Rp. 10.000,-
    Source : Bank Indonesia                                   11
    V.      BANKING LIBERALIZATION IN THE CONTEXT OF
            MULTILATERAL AGREEMENTS
    1. Indonesia has made a moderate commitments in the international
       fora.
    2. The process of liberalization should be properly managed and
       overseen in order to secure domestic interest and to avoid
       unnecessary negative impact of liberalization process.
    3. The assessment of trade in services :
         Undertaking an assessment of trade in services at the national
          level
         Difficulties : lack of data, analytical and methodological
          problems
         Enable developing countries to have a better picture relating to
          the course of their countries’ liberalization process.
    4. The treatment of autonomous liberalization :
         Having an agreed criteria and modalities for the granting of
          credit for autonomous liberalization
                                                      12
End of Presentation

                     Thank You



Created by AF

                                      13

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Symp mar02 indonesia

  • 1. Banking Liberalization : An Indonesian Experience Presented in the symposium of the Assessment of Trade in Services held by WTO Secretariat Geneva, March 2002 1
  • 2.   AGENDA  I. INTRODUCTION  II. BANKING REFORMS & LIBERALIZATION  III. BANKING LIBERALIZATION SINCE THE OUTBREAK OF THE FINANCIAL CRISIS  IV. LESSONS LEARNED FROM INDONESIA EXPERIENCE  V. BANKING LIBERALIZATION IN THE CONTEXT OF MULTILATERAL AGREEMENTS 2
  • 3. I.INTRODUCTION DEREGULATION PACKAGE DEREGULATION PACKAGE in the real sector ::invite foreign direct in the real sector invite foreign direct Crash of the investment (Act No.1 of 1967) investment (Act No.1 of 1967) international in banking sector (Act No.14 of 1967) :: in banking sector (Act No.14 of 1967) oil market (the October, 1988 policy package (the policy on October, 1988 policy package (the policy on mid-1980s) foreign entry in banking sector) foreign entry in banking sector) Deteriorated liberal regime for foreign exchange flows liberal regime for foreign exchange flows economy Issued a MULTILATERAL AGREEMENTS (WTO, MULTILATERAL AGREEMENTS (WTO, APEC, ASEAN) APEC, ASEAN) series of Liberalization process in banking sector :: Liberalization process in banking sector deregulations to strengthen the banking regulations and to strengthen the banking regulations and by the oversight framework oversight framework Government should be integral part of any liberalization should be integral part of any liberalization program program 3
  • 4.   II. BANKING REFORMS & LIBERALIZATION SERIES OF FINANCIAL AND BANKING DEREGULATION PACKAGE 1. June 1983 policy package :  3 main points i.e. lifting credit ceiling and liberating deposit interest rates and phasing out Bank Indonesia liquidity credit.  The aim of policy : to reduce limitation for banks to extend credits and to eliminate provisions on bank deposit interest rates previously prescribed by Bank Indonesia. 2. October 1988 policy package  This package set forth financial, monetary and banking policies, especially easing of restrictions relating to banking institution covering the opening of new private banks, bank offices and non bank financial institutions and various prudential banking regulations.  The impact of policy package : the establishment of large number of new private banks, both domestic and joint venture banks 4
  • 5.   II. BANKING REFORMS & LIBERALIZATION (Cont.) 3. The March 25, 1989  policy package  Foreign exchange banks and non-banks financial institutions were required to maintain a net open position at not more than 25% of stockholders equity;  Offshore borrowing ceilings for foreign exchange banks and non-bank financial institutions were eliminated;  Commercial banks, development banks, and non financial institutions were permitted to lend investment credits and to undertake equity participation with a certain requirement. 5
  • 6.   II. BANKING REFORMS & LIBERALIZATION (Cont.) 4.   The February 28, 1991 policy package This package sets forth :  The Basic Scheme for Bank Supervision;  Provisions related to :  Licensing, ownership, and management of banks, covering the foundation, ownership and management banks, opening of offices, and equity participation of banks in overseas financial institutions;  Prudential principles, covering capital adequacy requirements, legal lending limit, and net open position;  Supporting factors for banking operations. 5.   The May 29, 1993 policy package  This package covers prudential measures that should be fulfilled by bank i.e. Capital Adequacy Ratio, regulation concerning allowance for earning assets losses and provision on legal 6
  • 7. II.BANKING REFORMS & LIBERALIZATION   (Cont.) 1.The enactment of new Banking Act No. 7 of 1992 to replace Banking Act No. 14 of 1967. the function of banks as a development agent is continued. the purpose of banking system is to support national development in order to improve equitable distribution of wealth, economic growth, and national stability 2.The main distinction Banking structure :  Banking Act No. 14 of 1967 : consist of several types of banks depend on the core bank business such as Development Banks, Commercial Banks, and Regional Development Banks.  Banking Act No. 7 of 1992 : there are only two kinds of banks i.e. Commercial Banks and Rural Banks. This Act does not classify banks based on their core businesses. 7
  • 8.   BANKING REFORMS & LIBERALIZATION 3.The enactment of the ownership of banks on Banking Act No. 7 of 1992 Classification of commercial banks : domestic commercial banks, joint venture banks, foreign banks Geographical limitation  joint venture banks and foreign banks may only open their offices in eight major cities with limited number of offices in each city. Foreign participation in the ownership of commercial banks,  foreign employees could engage in the management of joint venture banks and foreign banks.  the foreign employees should conduct a transfer of knowledge to Indonesian employees. 8
  • 9.   III. BANKING LIBERALIZATION SINCE THE OUTBREAK OF THE FINANCIAL CRISIS Banking Crisis Banking Crisis The Bank Reform The Bank Reform  Exchange rate  Exchange rate Program Program turbulance turbulance  The fragility  The fragility of banking of banking The Strategic The Strategic system system Measures Measures  The  The liquidation of liquidation of 16 banks 16 banks Government Guarantee Scheme Government Guarantee Scheme Banking restructuring Banking restructuring re-capitalization re-capitalization corporate restructuring corporate restructuring 9 legal framework improvement legal framework improvement
  • 10.   BANKING LIBERALIZATION SINCE THE OUTBREAK OF THE FINANCIAL CRISIS A New Banking Act No. 10 of 1998 and Its Implementation Regulations 1. Relaxation of foreign participation in the establishment of  new banks.   foreign citizens and or foreign legal entities together with Indonesian citizens and or Indonesian legal entities may establish a new locally incorporated bank based on a “partnership” principle. 2. Relaxation of foreign participation in existing banks  Foreign investors may also participate in existing banks through :  direct acquisition ; and or  purchasing bank’s shares through stock exchange 3. Opening of foreign bank branches.  a foreign bank may open a new branch and sub-branch  requirements :  having good rating and reputation from the International rating agency;  possessing total assets included in the list of top world rank 200;  placing the operational funds in Rupiah or foreign currency with the minimum equivalent value of Rp. 3 trillion (+ USD 300 Million). 10
  • 11.   IV. LESSONS LEARNED FROM INDONESIAN EXPERIENCE *) Position of March **) Position of December In the year 2001 : 1 U$ is equivalent with Rp. 10.000,- Source : Bank Indonesia 11
  • 12.   V. BANKING LIBERALIZATION IN THE CONTEXT OF MULTILATERAL AGREEMENTS 1. Indonesia has made a moderate commitments in the international fora. 2. The process of liberalization should be properly managed and overseen in order to secure domestic interest and to avoid unnecessary negative impact of liberalization process. 3. The assessment of trade in services :  Undertaking an assessment of trade in services at the national level  Difficulties : lack of data, analytical and methodological problems  Enable developing countries to have a better picture relating to the course of their countries’ liberalization process. 4. The treatment of autonomous liberalization :  Having an agreed criteria and modalities for the granting of credit for autonomous liberalization 12
  • 13. End of Presentation Thank You Created by AF 13