A legal framework is being developed in Uzbekistan that will allow for the issuance of sukuk—securities compliant with the principles of Islamic finance. According to the draft law, four varieties of such instruments are provided for: partnership, lease, trade, and agency.
Unlike traditional bonds, where the interest rate is fixed in advance, the yield on sukuk will depend on a specific commercial enterprise or asset. Furthermore, funds raised through these securities cannot be used in sectors that contradict the norms of Islamic finance, such as alcohol, tobacco production, or gambling.
The issuance of these securities will be carried out by a special financial company (SPV) created by the project initiator. This company acquires certain assets, and the proceeds from them are directed towards repaying obligations to investors. To ensure the protection of sukuk holders in case of financial difficulties for the initiator, this property will be accounted for separately from the company's own capital.
The Sharia council is responsible for confirming the compliance of all transactions, income sources, and assets with the principles of Islamic finance. An authorized representative of the sukuk holders will monitor compliance with the issuance terms and the protection of investor rights.
The draft law also allows for the issuance of both corporate and government sukuk. Government issuances can be placed on behalf of Uzbekistan by the Central Bank or another state body granted the necessary authority by a decree of the President or Cabinet of Ministers.
To implement the new instrument, it is proposed to introduce tax incentives. It is planned to exempt sukuk income from personal income tax and profit tax until 2038. These preferences also apply to transactions between the special financial company and the issuer. This document has already passed its first reading in the Legislative Chamber.
It was previously announced that the preparation of the regulatory framework for 'green sukuk,' which are intended to support environmental and sustainable projects in Uzbekistan, has been completed.