The Legislative Chamber of the Oliy
Majlis has passed the bill on Islamic banking in its second and final readings,
moving the document forward to the Senate for approval.
The bill introduces amendments and
additions to the Tax Code, Civil Code, and eight other laws, defining the legal
framework for Islamic banking operations in Uzbekistan. It establishes key
terminology related to Islamic finance, including the definition of an “Islamic
bank,” and sets out the requirements for obtaining a license to conduct Islamic
banking activities.
Under the draft law, credit
institutions operating in Islamic banking will be allowed to engage in
trade-based financing in accordance with Islamic financial standards. They will
also be permitted to establish legal entities and acquire shares or stakes in
other companies’ charter capitals.
Lawmakers noted that ahead of the second
reading, proposals concerning financial standards and investment deposits were
incorporated into the bill. The document also introduces provisions to regulate
the taxation of Islamic financial transactions and encourage their wider use.
During the second reading, 125 out
of 127 deputies voted in favor, with one abstaining and one not voting. In the
final reading, 126 deputies supported the bill. The document will now be
reviewed by the Senate and, if approved, signed by the president.
The bill was initially adopted in
the first reading on September 16, receiving 112 votes in favor. At the time,
Deputy Chairman of the Central Bank Abrorkhuja Turdaliev said the amendments
were developed based on the experience of Malaysia, Turkey, the UAE, and
Central Asian countries.
The law defines the key principles
and mechanisms of Islamic financial instruments such as Murabaha, Mudaraba,
Musharaka, Wakalah, and Salam. It also introduces a separate type of license
for Islamic banks, while conventional banks will be allowed to open “Islamic
windows” under the same framework.
Currently, Uzbekistan’s law “On
banks and banking activities” prohibits banks from engaging in trade, creating
legal entities, or holding shares in their charter capital – restrictions that
limit trade-based and partnership financing, Turdaliev explained.
Additionally, the Tax Code
classifies Islamic finance operations as commercial transactions subject to VAT
and turnover tax, making them more expensive than conventional banking
services. The new bill proposes a separate tax regime tailored to the specific
nature of Islamic finance.
Notarial actions by Islamic banks
and microfinance organizations will be exempt from state fees when registering
property transferred to clients in compliance with Islamic finance standards. A
Council on Islamic Finance will be established under the Central Bank to
oversee and regulate the sector.