Labuan Offshore Financial Services Authority (LOFSA) Annual Report of the Members of the Authority for the Year Ended 31 December 2003

PRESS RELEASE 
The 2003 Labuan Offshore Financial Services Authority Annual Report

LABUAN, 29 April 2004 – The Labuan Offshore Financial Services Authority (LOFSA) released its 2003 Annual Report today.  (Further information about LOFSA is available at www.lofsa.gov.my)

The LOFSA 2003 Annual Report provides a review of the progress and development of the Labuan International Offshore Financial Centre (IOFC) and the financial performance of LOFSA. 

Overview
In 2003, Labuan IOFC recorded positive results in every sector of offshore business. This reflected the improved global and regional environment and the outcome of the measures undertaken by LOFSA to further spur the development of Labuan IOFC.  These measures include enhancing the legal and regulatory framework, providing further business incentives and other promotional and business development initiatives. LOFSA will continue to focus on enhancing the business environment of the IOFC through the implementation of the action plans outlined in the Financial Sector Master Plan.

Offshore Companies 
The number of new offshore companies incorporated in Labuan IOFC increased from 486 in 2002 to 494 in 2003.  This brings the total number of offshore companies in Labuan IOFC to 4,065 as at end-2003 (2002 : 3,571).  The offshore companies originated from more than 70 countries in the world, reflecting the international stature of Labuan IOFC since its inception in 1990.

Trust Companies 
During the year, the number of trust companies increased by two, bringing the total to 20.  The sector recorded an aggregate operating income of RM21.0 million, an increase of 12.3%, from RM18.7 million achieved in 2002.  Total profit before tax also increased by 6.2%, from RM8.1 million in 2002 to RM8.6 million in 2003. 


This performance reflected the combination of a higher number of offshore companies incorporated in Labuan IOFC as well as greater diversification in the types of services offered by the trust companies.  


Offshore Banking
The offshore banking industry recorded a 48.8% increase in pre-tax profit, amounting to USD166.8 million in 2003, from USD112.2 million in 2002.  This reflected in part the improvement in the loan portfolios, with the decline in the non-performing loans (NPLs) ratio from 10.7% in 2002 to 6.2% in 2003.

Three new banking licences, all of which were for the conduct of offshore investment banking, were approved in 2003.  The activities of t
hese new banks contributed to a significant increase in the total assets of the offshore investment banking industry, from USD6.6 million in 2002 to USD66.8 million in 2003.  There was also a turnaround in the investment banking industry, from a loss of USD14,000 in 2002 to a total pretax profit of USD1.3 million in 2003.  During the year, NPLs in the offshore banking industry declined by 45.5% from USD1.1 billion in 2002 to USD0.6 billion as at end of 2003.  In line with the increase in the number of offshore banks, there was an increase in the number of employees, from 459 in 2002 to 468 in 2003.  Malaysians comprised 90.8% of the total number of employees and the number of Malaysians at senior and middle management levels was 40 and 99 respectively.

Offshore Insurance 
The offshore insurance industry continued to attract more institutions to Labuan, as reflected in the 13 new licences approved during the year, of which five were reinsurers, four captives, one underwriting manager and three insurance brokers.  Growth in total industry assets was at a significant 30.4% in 2003 amounting to USD914.0 million, from USD701.0 million in 2002.

In the offshore general insurance and reinsurance industry, gross premium grew by 19.5%, from RM341.6 million in 2002 to RM408.2 million in 2003. 
The industry is expected to experience greater diversity in its insurance activities in 2004, with the inclusion of an additional international insurance company to conduct life reinsurance business in Labuan.  

In 2003, four new captives were established in Labuan IOFC, while two discontinued their business.  The total number of captives increased from 21 to 23, with companies mainly originating from Malaysia, Australia, Hong Kong, Indonesia, Japan and Thailand.  Gross premium received from captive business amounted to USD17.4 million, an increase of 26.1% (2002 : 61.5%) from USD13.8 million in 2002.

Offshore Fund Management
The total approved fund size of private funds increased from USD1.7 billion in 2002 to USD1.9 billion in 2003.  The number of fund managers increased from 12 in 2002 to 14 in 2003.  In terms of country of origin, eight of these fund managers were from Malaysia, two from British Virgin Islands and one each from Canada, Hong Kong, Singapore and Switzerland.

During the year, LOFSA was admitted as an associate member of the International Organisation of Securities Commissions (IOSCO).


Offshore Leasing 
The leasing industry in Labuan IOFC grew by 33.3% in 2003, with the approval of 16 new leasing companies (2002:12).  Twelve of the 16 new leasing companies were established to cater for the oil and gas industry, while the remaining companies were involved in the lease of aircraft, specialised survey and heavy-duty engineering equipment.  The cumulative amount of lease financing increased by 116.3% (2002 : 52.2%) to USD6.3 billion (2002 : USD2.9 billion), while the amount of new lease financed grew by 243.1% to USD3.4 billion (2002 : USD991.0 million).  

Legislative and Regulatory Developments 
The legal and regulatory framework continued to be reviewed in 2003 to further enhance the offshore legislation to ensure the soundness of the offshore center as well as to facilitate business growth.  Amendments to the Labuan Offshore Security Industries (Amendment) Act 2003 (LOSIA), which came into effect in May 2003, included several updated provisions relating to private funds and allowed fund managers to manage and administer foreign funds in Labuan.  


During the year under review, emphasis was also given to the international initiative against money laundering, with the invocation of the Anti-Money Laundering (Invocation of Part IV (No.2)) Order 2003 on 15 April 2003.  The provision relates to the reporting obligations of institutions licensed or registered to carry on, among others, offshore banking, insurance and trust company business. 


To safeguard the nation against any terrorist act that may occur within or even beyond the jurisdiction of Malaysia, section 125A has been inserted into the Penal Code, making it an offence to harbour or attempt to harbour any person in Malaysia or any person residing in a foreign state at war or in hostility against the King.  


The Mutual Assistance in Criminal Matters Act 2002 (MACMA), which came into effect on 1 May 2003, was introduced to provide for mutual assistance in criminal and related matters between Malaysia and other countries.


The new section of the Penal Code and MACMA provides LOFSA with additional avenues for cooperation with other supervisory and regulatory authorities, locally and internationally, to increase compliance and improve security for the offshore industry. 


Labuan International Financial Exchange (LFX)

There were three new listings on the Labuan International Financial Exchange (LFX), during the year, bringing the total number of listings on LFX to 13 instruments.  They comprised three primary and ten secondary listings, including three Shariah-compliant instruments, four conventional debt securities and six mutual funds, with a total market capitalisation of USD2.3 billion as at end-December 2003.  LFX has introduced additional initiatives to increase its presence in international capital markets, in particular the Islamic capital market.  A Memorandum of Understanding was also signed with the Bahrain Stock Exchange (BSE) to facilitate the dual listing of instruments on both exchanges and the sharing of information on listed products. Following this arrangement, the USD600 million Malaysian Global Sukuk was also listed on the BSE.  

Islamic Finance

LOFSA continues to be strategically focused on the development of Labuan IOFC as an Islamic financial centre.  The Islamic-based assets of offshore banks increased by 28.1%, from USD465.4 million in 2002 to USD596.2 million in 2003, while total deposits of offshore Islamic banks increased substantially by 33.6% from USD147.7 million in 2002 to USD 196.9 million in 2003.

During the year, LOFSA was admitted as an observer member of the Islamic Financial Services Board (IFSB), the standard-setting entity for international prudential standards for Islamic finance. To promote Islamic financial products and services in Labuan, LOFSA issued the ‘Directive on Islamic Financial Business in Labuan IOFC’ in October 2003.  This is aimed at ensuring that the products and services offered by offshore financial institutions are Shariah-compliant.

In the area of tax incentives, offshore companies conducting Islamic activities will be given an income tax rebate equivalent to the amount of zakat paid to the religious authority.  The rebate will be subject to a maximum of 3% of net profit or RM20,000 (prior to this, offshore companies paid both the corporate tax required by law and the business zakat as part of their religious obligations).  Amendments to the relevant legislation have been made to enable the payment of zakat by Labuan offshore companies from the year of assessment 2004.  This is aimed at attracting companies, particularly from Islamic countries where zakat, and not income tax, is paid on business income.


LOFSA continues to adopt a consultative approach in developing the Islamic financial market in Labuan through several development committees.  The committees have identified products, such as trade finance, cash waqf, takaful and Islamic capital market instruments, which can be developed in consultation with the Shariah Advisory Council for Labuan IOFC.


Financial Performance
The financial performance of LOFSA for the year ended 31 December 2003 remained favourable.  LOFSA recorded a total income of RM15.0 million, sustaining the performance of the previous year (RM14.9 million).  A surplus of RM2.0 million was recorded in 2003.

Outlook
The regional efforts on business development programmes will be undertaken with a strategic focus aimed at expanding offshore financial services opportunities from Asia-Pacific and other established IOFCs.  LOFSA’s international development programmes will aim at enhancing the global awareness of Labuan IOFC as an attractive, viable and cost-efficient jurisdiction for offshore business.  These programmes will feature awareness and educational conferences to raise the profile of Labuan IOFC to the international market. 


LOFSA will continue to develop Islamic finance activities to position Labuan IOFC as the regional Islamic financial centre in the Asia-Pacific region.  LOFSA will endeavour to increase the relative significance of Islamic finance assets as part of the overall objectives as outlined in the Financial Sector Master Plan.  As part of the effort to develop the Islamic capital market, LOFSA is promoting Labuan as the centre for the issuance of financial papers such as sukuks and to capitalise on the advantages of Labuan International Financial Exchange for listing and trading purposes.  LOFSA is also reviewing the legal framework for promulgating Islamic financial services legislation.  In line with the significant growth in the reinsurance market in Labuan, retakaful will be promoted as part of the overall development of Islamic financial services. 

In line with efforts to further enhance corporate governance and internal controls, LOFSA will review the existing regulatory and supervisory structure to ensure transparency in the management and operations of the offshore financial institutions.  LOFSA will continue to cooperate with international organisations through the National Coordinating Committee (NCC) of Malaysia to ensure that the Labuan IOFC is free of money-laundering activities.  


Conclusion
The performance of Labuan IOFC and LOFSA in 2003 has been encouraging.  LOFSA will continue with its approach of facilitating genuine and reputable business to set up their operations in Labuan IOFC and will accelerate the developmental and international promotional activities to reinforce this trend.
______________________________________________________________________

FOR MORE INFORMATION, PLEASE CONTACT:


Communications Division
Strategic Planning & ICT Department
Telephone               087-591200
Fax                        087-453442
Email                     communication@lofsa.gov.my
 

Get Full Version of Annual Report 2003 here

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