2015年-世界发展银行全球_Bosnia_and_Herzegovina___BCBS_-_IADI_Core_Principles_for_Effective_Deposit_Insurance_Systems_Technical_Note_101页_1mb

Bosnia and Herzegovina: FSAP Summary on Deposit Insurance System

Core Content

The Financial Sector Assessment Program (FSAP) conducted in Bosnia and Herzegovina (BiH) in October–November 2014 assessed the Deposit Insurance Agency of BiH (DIA) against the BCBS-IADI Core Principles for Effective Deposit Insurance Systems. The assessment identified both achievements and areas requiring improvement in the DIA's operations and the broader financial safety-net framework.

Main Findings

Compliance Status

• The DIA is Compliant or Largely Compliant with 12 out of 16 applicable Core Principles.
• It is Materially Non-compliant with three Core Principles.
• Three Core Principles are Not Applicable due to the structural and legal features of the deposit insurance system.

Key Areas of Non-Compliance

1. Mitigating Moral Hazard (CP 2):

   • The supervisory framework lacks sufficient powers for the Banking Agencies.
   • A bank resolution framework is missing.
   • The DIA does not apply risk-weighted premiums.
   • The deposit insurance fund lacks an official target ratio.

2. Early Detection and Timely Intervention and Resolution (CP 15):

   • There are deficiencies in early detection and intervention mechanisms.
   • A comprehensive early intervention and resolution regime is needed, especially with the upcoming Law on Banks.

3. Effective Resolution Processes (CP 16):

   • There is no resolution framework in place.
   • The role of the DIA in resolution processes is not yet defined.
   • Safeguards must be established to prevent the depletion of DIA funds during resolution processes.

Areas for Improvement

• Payout Timeframe:

  • The current 90-day payout period is too long and should be shortened to align with international best practices (e.g., 30 working days or even 7 days in the future).
  • The DIA has the technical capacity to do so, given its existing software and data collection systems.

• Compulsory Membership:

  • The DIA's membership is not mandatory for all banks operating in BiH.
  • One bank currently operates outside the DIA.
  • Membership should be linked to the licensing process.

• Funding and Transparency:

  • The DIA should explore alternative back-up funding sources as the EBRD back-up line expires in 2017.
  • DIA should stop investing its funds in private banks and their bonds.
  • The deposit insurance fund lacks a public and transparent target ratio.
  • The DIA should move its assessment base for annual premiums from "eligible" to "covered" deposits.

• Legal and Regulatory Frameworks:

  • The Law on Banks needs to be revised to include a clear definition of "secured creditor" and to ensure that the costs of reimbursement are borne by the insolvent bank.
  • The revised Law on Banks should also establish a comprehensive resolution framework in line with international best practices.
  • The DIA should be involved in the resolution process and its use of funds should be transparent and documented.

• Public Awareness and Coordination:

  • The public awareness program should be evaluated regularly for effectiveness.
  • Coordination and information sharing with other financial safety-net participants (Banking Agencies, CBBH, MoF) need to be enhanced.
  • Regular discussions of problem banks should take place in the Standing Committee for Financial Stability (SCFS).

• Cross-Border Supervision:

  • There is a need for stronger cross-border supervisory cooperation, especially with the parent companies of foreign-owned banks.
  • A Memorandum of Understanding (MoU) with Austrian authorities is recommended to improve this.

Key Recommendations

Summary of Compliance with Core Principles

• Compliant (C): Principles 1, 3, 4, 5, 13, 14.
• Largely Compliant (LC): Principles 6, 12, 17, 18.
• Materially Non-compliant (MNC): Principles 2, 15.
• Non-compliant (NC): Principle 16.
• Not Applicable (NA): Principles 7, 10.

Conclusion

The DIA has made significant progress in establishing a robust deposit insurance system, but several key areas require urgent attention to ensure its effectiveness and alignment with international standards. The main challenges lie in the legal and regulatory framework, the need for improved coordination and information sharing, and the development of a comprehensive bank resolution regime. The FSAP team recommends a series of corrective actions, including revising the Law on Banks, enhancing supervisory powers, shortening payout timelines, and improving transparency and legal safeguards. These steps are essential for building public confidence and ensuring the stability of BiH's financial system.