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KARACHI: The State Bank of Pakistan (SBP) Monday announced the transaction structure for the issuance of government of Pakistan Ijarah Sukuk on new five selected underlying assets to finance the budget deficit.

The underlying assets on which this structure can be used for fresh issuance as well as reopening of GoP Ijarah Sukuk are five highways including Makran Coastal Highway (N-10), Ormara; Makran Coastal Highway (N-10), Gawadar & Jiwani, Grand Trunk Road (N-5) Peshawar & Nowshera, Indus Highway Project (N-55), Peshawar, Kohat, Lachi, Banda, Daud Shah, Karak, Domair, Bannu, Norang, Lakki Marwat, D.I Khan and Indus Highway Project (N-55): Peshawar, Kohat, Karak, Takht Nasrali, Naurang, Bannu, Parova.

Valuation of the assets is to be carried out by two Pakistan Banks Association-approved independent evaluators and the minimum of the two valuations will be accepted as the sale price of the assets.

This structure is to facilitate the issuance of the government of Pakistan (“GoP”) domestic Ijarah Sukuk Program. The documentation for this structure will include a Sukuk Subscription Undertaking, Sukuk Issuance Undertaking, Purchase Agreement, Title Agency Agreement, Agency Agreement, Ijarah Agreement, Service Agency Agreement, Purchase Undertaking, Cost Undertaking and Rules.

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According to the SBP, these assets may be used separately/individually or jointly as a pool as per the requirements of GOP to be ascertained at the time of issuance of Sukuk. Accordingly, the proportionate share of undivided asset(s)/pool of the asset(s) will be purchased.

At the time of reopening additional undivided share of new assets may be purchased (individually or jointly) and added to the Sukuk Asset(s) from time to time by way of single or multiple reopening transactions, subject to the approval of Shariah Advisory Committee (SAC). New assets will be of the same asset class.

As per the transaction structure, the SBP will conduct an auction through which Sukuk investors will be identified. Non-competitive bidders may also submit their bid for the Sukuk. For this purpose, non-competitive bidders will authorize any of the primary bidders through signing of an authorization form.

The investors will execute the Sukuk Subscription Undertaking to record the commitments of the investors to subscribe to the Sukuk to be issued by Pakistan Domestic Sukuk Company Limited (PDSCL).

Under the Sukuk Subscription Undertaking, the investors may appoint PDSCL as their agent for purchase of the Assets on their behalf and for the purposes set out in Sukuk Issuance Undertaking. The primary dealers will also sign the Sukuk Subscription Undertaking on behalf of successful non-competitive bidders. The lease rentals for each rental period will comprise an amount equal to the product. In case of variable rate the rental rate for such period (Weighted average yield of 6-month T-Bill as decided in last auction or 6-month tenor rate as given on the Reuters PKRV page (121-180 days) in terms of the SBP guideline. The number of days in such a rental period divided by 365 and the face value of the Sukuk issue. Rental rate for each period will be notified to GoP through a rental rate revision notice.

In case of fixed rate, the rental rate to be decided in the auction of Sukuk issue and applicable for the entire lease term. The number of days in such a rental period is divided by 365 and the face value of the Sukuk issue.

The Ijarah Agreement(s) provide that it will automatically terminate if a total loss event occurs and the lessor will be entitled to any insurance/Takaful proceeds payable as a result of the total loss event.

Copyright Business Recorder, 2022


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