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FY 1999: Pakistan |
[end of document]VIII. TRADE AND PROJECT FINANCING A. Brief Description of Banking System financial reforms introduced in 1990 have liberalized Pakistan's banking sector, which had long been dominated by state-owned banks, and private banks are gradually playing a more significant role. The government of Zulfikar Ali Bhutto nationalized all Pakistani banks on January 1, 1974 (two foreign, but non-U.S. banks, in operation at the time escaped nationalization). In December 1990, the GOP announced plans to privatize state-owned banks and to allow the establishment of private domestic banks. So far the government has privatized two formerly nationalized banks, Allied Bank Limited and Muslim Commercial Bank, and the State Bank of Pakistan has granted licenses to 14 new private banks. The GOP has announced its plans to privatize Habib Bank by September 1998. Habib Bank is the country's largest commercial bank in terms of assets. There are 25 Pakistani commercial banks, with over 8,500 branches nationwide. These banks account for about 75 percent of total commercial bank assets. Twenty one foreign commercial banks--of which three are American--with 87 branches, also do business in Pakistan. Foreign banks are permitted to engage in a full range of banking activities. Foreign banks are subject to higher withholding taxes than Pakistani banks, but this gap is gradually being closed. Most foreign banks may not establish more than four branches, though at least one exception has been granted to this general rule. Otherwise foreign banks are accorded essentially the same treatment as Pakistani banks. Bank Assets - U.S. Presence - The three U.S. banks operating in Pakistan--Citibank, American Express Bank, and Bank of America-- accounted for seven percent of all commercial bank assets in 1994. All three U.S. commercial banks currently operating in the retail market (and almost all other foreign banks in Pakistan) are branches rather than wholly-owned subsidiaries. (Although there is no requirement that foreign banks operate as branches, the wholly-owned subsidiary format would require them to offer shares for sale to the public at prices below the true market value). Citibank is the largest foreign bank operating in Pakistan. The U.S. banks have, in general, been selective in their choice of customers, and as a result have what most observers would agree is a quality client base. Like all other commercial banks in Pakistan, their major activity is business lending; the U.S. banks have a relatively high percentage of multinational corporations as clients. Citibank, however, also pioneered the development of consumer banking in Pakistan and in 1993 became the first commercial bank to offer a comprehensive program for automobile loans and individual mortgages. Commercial banks are engaged predominantly in corporate lending, with the state-owned and newly privatized banks involved in various forms of concessionary lending. The commercial banks are the main sources of short - and medium-term credit for domestic investment. Consumer banking in Pakistan is largely undeveloped. There is no tradition of lending to small individual consumers, and purchases of automobiles, housing, and consumer goods are generally made on a cash basis. Foreign banks generally have sufficient lucrative business in the corporate sector to absorb their limited credit reserves. High interest rates combine with high start-up costs to discourage initiatives in the consumer sector. The State Bank of Pakistan, the central bank, controls the money supply and credit, supervises the operations of banks, administers the country's international reserves, and acts as banker to the federal and provincial governments. The SBP formerly set maximum lending rates for commercial banks. As part of its move toward more indirect methods of control, however, the central bank in March 1995 eliminated this ceiling. The GOP has pursued a policy of prescribing target levels of lending to certain sectors of the economy, to ensure that priority sectors receive adequate credit. The credit targets apply only to state-owned banks. The GOP sets targets for agriculture, small-scale agriculture, small business and industry, and tobacco marketing. The GOP has also mandated a program of concessionary credit to the private sector through state-owned commercial banks. It provides concessionary credit for export finance, locally manufactured machinery, and agricultural production loans to small farmers. The export finance scheme is available to all commercial banks. However, private banks generally make little use of this program and lending under the export finance scheme is dominated by the state-owned and newly privatized banks. In September 1993, the Pakistan Banking Council estimated that the total volume of overdue loans from the commercial banks as well as non-ban financial institutions was 81 billion rupees (about $2.7 at mid-1994 exchange rates). The defaulted loans are held almost exclusively by the three largest state-owned banks, and by the two newly-privatized Pakistani banks; according to the State Bank Governor, bad loans make up from 10 to 30 percent of these banks' loan portfolios. In contrast, foreign banks, including U.S. banks, have had few defaults and have enjoyed profitable operations. There is no system of deposit insurance in Pakistan, although the State Bank and the Pakistan Banking Council have considered instituting such a system. Foreign banks have reacted cautiously to proposals to establish a system of deposit insurance, because they fear having, in effect, to subsidize the state-owned and newly-privatized banks that hold far weaker portfolios. If a deposit insurance system is proposed in which each bank is required to contribute in proportion to its assets, foreign banks can be expected to oppose such a system vigorously. In 1979, Pakistan began a program of bringing its financial sector into conformity with Islamic economic principles by taking steps to eliminate interest. The two cornerstones of this policy are the use of the "mark up" system in bank lending and "profit and loss sharing" (PLS) for bank depositors. These two systems are now used for all rupee accounts in commercial banks; foreign currency accounts are still based on interest-bearing precepts. Under the mark up system, the lending institution in effect purchases a share of the borrower's assets, with an agreement to sell back the assets when the loan falls due, at a fixed price, including the "mark up". If the borrower is unable to pay when the loan falls due, the loan can be "rolled over", by extending a new loan for the amount of the original loan plus the previously agreed mark up amount. One shortcoming of this system is that non-performing loans can be "rolled over" indefinitely, so that a bank's balance sheet may not accurately reflect the viability of its outstanding loans. Under the profit and loss sharing system, banks declare a return on deposits periodically, based on the profits actually earned on PLS deposits. Because banks could theoretically suffer a loss, this means that depositors' principal as well as return are both at risk under the PLS system. In practice, banks announce expected PLS rates in advance, so depositors have a good estimate of their rate of return before making a deposit. The range of rates paid on PLS deposits is quite wide. The Islamic Shariat Court in 1990 struck down 22 banking and financial laws because they condoned the payment of interest, which is expressly forbidden under Islamic law. The government, along with foreign and some Pakistani banks, has appealed the Shariat Court's decision to the Pakistan Supreme Court, where the case is pending. However, the second Nawaz Sharif government decided to withdraw government's appeal in 1997 and let the court decide the case on merit. The Supreme Court has yet to resume hearing of this case. A decision is not expected in the near future. A decision by the Supreme Court to uphold the Shariat Court ruling and insist on the elimination of all forms of interest would have a significant impact on the banking system. A ruling altering the current mark up system or making foreign currency accounts subject to the mark up system would force U.S. banks to reassess their operations in Pakistan. U.S. bankers suggest that any system requiring the lending party to take an equity stake in the borrower would cause problems for most foreign banks. However, most observers expect that a workable compromise will be reached, permitting foreign banks to continue operating much as they do now. In a major move towards market-based monetary management, the State Bank of Pakistan removed the cap on lending rates in March 1995, and waived mandatory, Credit Deposit Ratio (CDR - which links the amount of advances to the level of deposits) in September 1995. Removal of CDR was followed by market-based "Open Market Operations (OMO's - measure to mop-up excessive liquidity)", in order to restrict expansion in private sector credit according to the annual Credit Plan target. The statutory liquidity requirement which the commercial banks must maintain with the State bank was lowered from 30 percent to 25 percent in May 1997 (20 percent to be invested in government securities and 5 percent as cash deposits). Commercial banks face considerable competition in attracting deposits from individuals or small investors; the GOP's national saving scheme offers attractive rates of return (in the 16 to 18 percent range) on small accounts, which banks find difficult to match. The corporate bond market is still in its infancy in Pakistan; if this form of financial instrument becomes better developed, banks may also face more difficulties in attracting deposits from businesses. With increasing competition from more efficient private banks, portfolios with a significant volume of bad loans, and the prospect of lowered mark up ceilings, the state-owned banks will face particular difficulties in attracting new deposits. Other financial institutions operate in specialized areas. For example, the Agricultural Development Bank of Pakistan (ADBP) provides credit facilities to farmers and cottage industries in rural areas. The Industrial Development Bank of Pakistan (IDB) provides loans to small and medium-sized industrial enterprises in the private sector. The Investment Corporation of Pakistan (ICP) was established to encourage and broaden the base of investments and to develop the capital market. The Pakistan Industrial Credit and Investment Corporation Limited (PICIC) is concerned with financing new industries and providing funds for the modernization of existing industries in the private sector. B. Foreign Exchange Controls Affecting Trading Pakistan's exchange rate policy is presently based on a managed float, with the State Bank of Pakistan regularly adjusting the value of the rupee against a basket of major currencies and using the U.S. dollar as the intervention currency. In recent years, the GOP has significantly liberalized foreign exchange controls. Individuals and firms in Pakistan may now hold foreign currency bank accounts and may freely import and export currency. Foreign firms (other than banks) with investments in Pakistan may remit profits and capital without prior SBP approval. The government in 1994 made the Pakistan rupee fully convertible for current account transactions. However, exporters must still sell their foreign exchange earnings to the State Bank of Pakistan. C. General Availability of Financing Pakistan's banking sector offers a full range of services, including foreign trade and working capital financing, term finance facilities, and retail banking. Letters of credit can be routed through the local banks having overseas networks (foreign exchange transactions are conducted by the bank with overseas affiliates). Since credit targets are controlled by the central bank, it sometimes is desirable to work with several banks in order to satisfy borrowing requirements. All borrowing from the commercial banks is, in theory, conducted on a secured basis, since unsecured borrowing is not permitted. In addition to the commercial banks, Pakistan has about 16 specialized banks and development financial institutions. The National Development Finance Corporation (NFDC), the Pakistan Industrial Credit & Investment Corporation (PICIC) are the leading development finance institutions (DFIs) providing medium and long-term loans in both rupees and foreign currency to the industrial sector. Their services include participation in equity through ownership of shares and debentures, underwriting public issues of shares and securities, assisting Pakistani investors to obtain foreign investment, assisting foreign investors to locate suitable investment opportunities in Pakistan, and providing technical and managerial advice and assistance. There also are about 12 investment banks, over 50 modaraba companies (see description below), and over 24 leasing firms, all of which have filled a major gap in the country's financial services sector through the provision of a wide range of investment banking services. Through affiliation with major international financial institutions, investment banks, in particular, have been able to transfer financial "know-how" and technology to the local markets. The specialized banks include Saudi Pak Investment Company, Pak Kuwait Investment Company and Pak Libya Holding Company, all of which are joint ventures providing term financing and equity support facilities. In addition, there are the National Investment Trust (NIT), an open-ended mutual fund, and the Investment Corporation of Pakistan (ICP). Both are large investors in the stock market and provide financing for major projects. Foreign investors may also utilize the stock market to raise capital. There are over 775 companies listed on the Karachi Stock Exchange. Islamic Modes of Financing - Some of the Islamic modes of financing available to both domestic and foreign investors (in accordance with regulatory requirements) are: Working Capital Finance - "Morabaha": Under Morabaha the banks provide working capital finance which may be drawn (by checks) and credited on a daily basis with the facility of an overdraft account. The pricing (of debit balances) is calculated on a daily basis at a rate agreed between the borrower and the bank according to financial market conditions. Essentially, the bank and borrower effect a sale and purchase (in respect of the assets which form the bank's security), and the difference between the purchase and sale price establishes the mark up. "Musharika" is another form of working capital finance by way of a "partnership" between the borrower and lender based on a profit and loss sharing agreement. Working capital finance may also be provided through discount of bills of exchange. Term Financing - Term financing is available through a mechanism known as a Term Finance Certificate (TFC). TFCs are typically used to meet the medium and long-term financing requirements of new projects when the borrower actually sells his project assets to the financing institution. Each certificate represents a definite sum of money, and is transferable in the same way as a bond. The borrower's purchase consideration is a fixed installment of payment over the financing period represented by the TFCs. The rate of return to the financial institution is derived from the marked-up amount of the resale price to the borrower. The mark up rate is determined in accordance with financial market conditions, and is agreed between the bank and the borrower when the facility is negotiated. Modaraba - A "Modaraba" is similar to a closed-end mutual fund with certificates listed on the stock market. It is managed by a modaraba management company which must subscribe to, and maintain at least 10 percent of the modaraba. The concept is that the "manager" and the subscribers to the modaraba's certificates pool their respective resources of skill and capital in profitable partnership. The manager receives a fee amounting to 10 percent of net profits of the modaraba together with reimbursement of costs. The remaining profit is allocated pro rata to all certificate holders including the manager in his capacity as a subscriber. Modarabas may be general purpose (for various forms of financing activity) or for a specific purpose (floated as a source of finance for a specified type of activity or project). Of the 50-some modarabas floated to date, several are engaged in leasing. D. How to Finance Exports/Methods of Payment Pakistan has a modest export financing scheme, managed by the State Bank and channeled through commercial banks. It provides special credit facilities to certain exporters who have irrevocable proof of orders. The preferred means of payment for imports into Pakistan are against a confirmed irrevocable Letter of Credit (L/C). E. Types of Available Export Financing and Insurance U.S. has imposed sanctions on the use of Export-Import Bank of the United States (Eximbank) financing, and the USDA Export Credit Guarantee Program (GSM-102). The sanctions were imposed after the nuclear tests of Pakistan in May 1998. However, sanctions do not effect the FY98 $10 million PL-480, Title-I agreement for the sale of U.S. soybeans. Overseas Private Investment Corporation (OPIC) programs are also not available in Pakistan due to the sanctions. F. Availability of Project Financing Project financing by the public sector in Pakistan is generally through a combination of local currency and foreign exchange credits provided by various donors such as the International Bank for Reconstruction & Development (IBRD), the Asian Development Bank (ABD), and other multilateral sources. Government loans and grants are also used to finance various projects. Each public sector agency and corporation has an annual budget and foreign exchange allocation. Most purchases are by international tender according to the rules of the loan-giving agency or type of credit. Since 1967, the United States has won $2.6 billion in overall procurement. In 1995, the U.S. won $333 million in procurement contracts and consulting services. This represents 9.36 percent of overall procurement from donor member countries. The U.S. has consistently ranked first in consulting services awards, capturing about 20 percent of total awards every year. Interested parties should contact the U.S. Liaison to the Asian Development Bank; Fax: (632) 890-9713. In its project financing role, the International Finance Corporation (IFC), a member of the World Bank Group, both provides loans and makes equity investments. Unlike most multilateral institutions, the IFC does not accept government guarantees for its financing; it attempts to price its finance and service in line with the market, shares full project risks with its partners, and seeks profitable returns. IFC is very active in Pakistan. In the last three years the volume of financing approved by the IFC for its own account for projects in Pakistan has nearly tripled. G. Types of Projects Receiving Financing Support Most funding is for government-sponsored and supported infrastructure development projects, such as power generation and communications, as well as projects in the environmental and social sectors. The Asian Development Bank, headquartered in Manila, is an international financial development institution owned by 56 member countries of which the United States and Japan are the largest shareholders. The Bank lent $5.5 billion in 1995 to promote economic and social progress in its developing member countries. The energy sector received the largest share of lending, followed by social infrastructure, transport and communications, agriculture and agro-industry, finance, and industry and nonfuel minerals. The Bank's medium-term strategy focuses on poverty reduction, improving the status of women, population planning and environmental protection. The Bank has also assumed a new role as a catalyst for development. In implementing this policy, the Bank will leverage its own financial resources through co-financing and other techniques to attract additional private capital in funding the development needs of its member countries. A commercial liaison office, which reports directly to the Office of Multilateral Development Banks at the Commerce Department in Washington, assists U.S. suppliers and consultants in winning contracts on projects and activities funded by the ADB. The office includes a Senior Commercial Officer and two (2) Commercial Specialists. One of the Specialists represents the United States-Asia Environmental Partnership (US-AEP) at the Bank. The Liaison works closely with the U.S. Executive Director who represents the United States on the Bank's Board of Directors. H. List of Banks with Corresponding U.S.Banking Arrangements All major nationalized, foreign, and newly established private banks have correspondent banking arrangements with major U.S. banks. Major foreign and domestic banks operating in Pakistan include: PAKISTANI BANKS FOREIGN BANKS -- Allied Bank of Pakistan -- ABN AMRO Bank N.V. -- Askari Commercial Bank -- American Express Bank -- Bank Al Habib Limited -- ANZ Grindlays Bank -- Bolan Bank Limited -- Bank of America -- First Women Bank Limited -- Banque Indosuez -- Habib Bank Limited -- Bank of Oman -- Union Bank Ltd. -- Citibank -- Indus Bank Limited -- Deutsche Bank A.G. -- Faysal Bank Ltd. -- Doha Bank Limited -- Muslim Commercial Bank Ltd. -- Emirates Bank Intel. -- National Bank of Pakistan -- Hong Kong & Shanghai Banking Corp. -- Prime Commercial Bank Ltd. -- Societe Generale -- Soneri Bank Limited -- Standard Chartered -- United Bank Limited -- Bank of Tokyo
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