Page 73 - EXIM-Bank_Annual-Report-2022
P. 73

A VISION       COMMITMENT      EMPOWERING       ENSURING        ENHANCINg        FINANCIAL
 70  EXIM BANK MALAYSIA   ANNUAL REPORT 2022  TO SERVE  TO LEAD  GROWTH  SUSTAINABILITY  gOVERNANCE  STATEMENTS    71








            7.    To has rights to delegate some of its functions to Shariah Management Department and other Shariah control functions of
                the Bank in endorsing and validating products guidelines, marketing advertisement, sales illustrations and brochures used to
                describe the Bank’s products. Similarly, the Shariah Committee may delegate its power and authority to the Bank’s Shariah
                control  functions  in  reviewing,  from  time  to  time  and  on  regular  basis,  the  level  of  Shariah  compliance,  particularly  with
                regards to the actual implementation and operation of the Bank’s Islamic financial contracts.

                In delegating any of its responsibility, it must be ensured that:
                i)    Areas  of  delegated  authority  by  the  Shariah  Committee  and  operating  procedures  are  set  out  clearly  in  the  Bank’s
                   internal policies.
                ii)    Reporting  arrangements  are  established  to  keep  the  Shariah  Committee  informed  of  the  work,  key  deliberations,
                   and decisions on delegated matters.

                iii)    The Shariah Committee must remain fully accountable for the decisions and any ensuing implications arising from the
                   delegated responsibility.

            8.    To exercise objectivity in coming up with his judgment and be free from associations or circumstances that may impair the
                exercise  of  his  professional  objectivity.  In  fulfilling  his  responsibility,  a  Shariah  Committee  member  must  ensure  that  his
                judgment in arriving at a Shariah decision or advice is not affected by his other professional commitments.

            9.   Shariah Committee is expected to devote sufficient time to prepare for and attend Shariah Committee meetings.

            10.   To ensure consistency in providing views and must not act in a manner that would undermine the rulings of the SAC or any
                decisions of the Shariah Committee that they represent.

            11.   To endorse relevant EXIM Bank’s policies and procedures to ensure that the contents do not contain any elements which are
                not in line with Shariah.

            12.   To ensure that the Islamic finance products of the Bank comply with Shariah principles in all aspects, the Shariah Committee
                must endorse the following:

                i)    The terms and conditions contained in the proposal form, contract, agreement or other legal documentation used in
                   executing the transactions; and

                ii)   The product manual, marketing advertisements, sales illustrations and brochures used to describe the product.
            13.   To assess work carried out by Shariah review, Shariah research and Shariah audit functions in order to ensure compliance with
                Shariah matters in its Islamic business operations.
            14.   The Shariah Committee is expected to provide assistance to the external/third party appointed by the Bank such as legal
                counsel, auditor or consultant, in the event they seek advice on Shariah matters from the Shariah Committee so as to ensure
                compliance with the Shariah principles.
            15.   To advise the Bank to refer the SAC on any Shariah matters that could not be resolved. Upon obtaining any advice of the SAC,
                the Shariah Committee to ensure that all SAC’s decision is properly implemented by the Bank.
            16.   The Shariah Committee will represent the Bank to attend any meetings with the SAC or other relevant bodies pertaining to
                any Shariah issues relating to the Bank’s Islamic business and operation as and when necessary.
            17.   The Shariah Committee may recommend and assess the nominees for Shariah Committee members. This includes assessing
                Shariah Committee members proposed for reappointment, before submission to Nomination and Remuneration Committee
                (NRC), the Board and subsequently, for final approval by BNM.
   68   69   70   71   72   73   74   75   76   77   78