IIEffective Insolvency and Creditor Rights Systems
Lebanon lacks any modern legislation specifically covering bankruptcy and insolvency. According to a 2007 report by the U.S. Department of Commerce, Lebanese court procedures are archaic, the courts may be interfered with, and there are too few judges. Insolvency related issues are dealt with under the Commercial Code and the Penal Code, according to a 2005 report by the Institut de la Mediterranee (Institute of the Mediterranean) of France and the Economic Research Forum of Egypt. The government of Lebanon considers it a priority to reform insolvency procedures, and in 2006, the Ministry of Finance reported that, with the support of the European Union, a new draft law which is "in line with the latest international guidelines" was awaiting final review and approval. However, no further information as to Lebanon's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank is publicly available.
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NCInternational Financial Reporting Standards
A 2003 World Bank review of the accounting and auditing environment in Lebanon noted that the ministerial order of 1996 required the adoption of International Financial Reporting Standards (IFRSs) "with exceptions" for most companies. Listed companies are required to follow IFRSs, however, banks must follow rules set by the Banking Control Commission, which differ from IFRSs, the World Bank noted. With regard to small companies, the World Bank report pointed out that these entities are exempt from IFRSs requirements. Overall, the World Bank reported that despite the adoption of international standards, significant compliance gaps exist in both accounting and auditing practices, although fewer gaps were observed with banks and listed companies. Camille C. Sifri, in a 2004 presentation, reiterated the fact that mandatory implementation as well as effective enforcement of IFRSs was limited to publicly listed companies and banks. World Bank recommendations included, but were not limited to, adopting new laws regulating accounting and auditing, requiring the application of IFRSs by all public interest entities, reforming the role of the Higher Council on Accounting as the professional oversight body, and upgrading the licensing procedure for accountants in public practice.
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IDPrinciples of Corporate Governance
According to a 2005 report on corporate governance in Lebanon by the Institute of International Finance (IIF), although the Lebanese government has given high priority to improving its legal and institutional framework for corporate governance, important gaps remain, and the judicial system still lacks independence. Furthermore, minority shareholders' rights are not adequately protected and the responsibilities of the Board are not well defined. Therefore, the IIF Equity Advisory Group recommended applying the guidelines of the 2002 IIF Corporate Governance Code and preparing a corporate governance code on a mandatory or "comply-or-explain" basis. It further advised establishing an independent securities supervisory authority to ensure effective enforcement. In 2002 the Lebanese Corporate Governance Task Force was put in place by the Lebanese Transparency Association (LTA) to design and implement projects on corporate governance in Lebanon. In 2006, the LTA adopted a Lebanese Code of Corporate Governance, and implemented the European Union (EU) Association Agreement, which requires Lebanese companies to adopt corporate governance principles in line with EU legislation. A 2006 Ministry of Finance report indicates that the Council of Ministers approved the Capital Market Draft Law on March 1, 2006, which will establish the Capital Markets Council, a capital markets regulatory authority, and will empower it to issue detailed regulations to govern the capital market. The 2009 U.S. Department of Commerce report adds that the law is now awaiting parliamentary approval. On October 11, 2007, the International Finance Corporation (IFC) signed a Memorandum of Understanding with the LTA to establish an institute that will promote better corporate governance practices in Lebanon.
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NCInternational Standards on Auditing
According to a 2003 World Bank review of accounting and auditing practices in Lebanon, financial statements of listed companies and banks must be audited in accordance with International Standards on Auditing (ISAs) per the Beirut Stock Exchange and Banking Control Commission rules, respectively. However, the assessment noted that Lebanese legislation does not specify auditing standards with regard to other entities. Nonetheless, many audit firms make an effort to perform audits in line with ISAs. At the time of the assessment, the Minister of Finance was in the process of drafting a Ministerial Order to require the use of ISAs by all auditors. However, the 2007 Lebanese Association of Certified Public Accountants self-assessment stated that the issuance of such an order was still a work-in-progress. The World Bank noted that, in general, Lebanon had made "commendable progress" in implementing international standards. However, other than in banks and listed companies, significant compliance gaps existed both in accounting and auditing practices. Among other issues, the World Bank recommended reviewing existing legislation or legislating new laws for accounting and auditing, requiring the application of ISAs by all public interest entities, reforming the role of the Higher Council on Accounting as the professional oversight body, and upgrading the licensing procedure for auditors in public practice.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
Lebanon is a founding member of the Middle East and North Africa Financial Action Task Force (MENAFATF) which is an associate member of the Financial Action Task Force (FATF). Members of the MENAFATF signed a Memorandum of Understanding in 2004, whereby they pledged to adopt and implement the FATF's recommendations. Moreover, in its 2006 annual report, the MENAFATF states that all accession countries must adopt the FATF Forty Recommendations and Nine Special Recommendations. The FATF's 2007-2008 Annual Report also names Lebanon as one of the jurisdictions that has undertaken to implement the FATF's 40+9 recommendations. As noted in a 2009 U.S. Department of State (DoS) International Narcotics Control Strategy Report, Lebanon is scheduled for a MENAFATF Mutual Evaluation on its compliance with international standards. The report adds that Lebanon has been taking measures to strengthen its anti-money laundering and terrorist financing regime since the early 2000s. For instance, with regard to the legal framework, on April 20, 2001, the Lebanese Parliament passed Law No. 318 on Fighting Money Laundering, which criminalizes money laundering, defines fines and sanctions, and creates a framework for lifting banking secrecy. Lebanon also adopted Law No. 547, criminalizing funds related to the financing of terrorism, acts of public/private funds theft, and counterfeiting, as well as Law No. 553, providing an extension to the Penal Code on terrorist financing. Additionally, Law No. 318 also established Lebanon's Financial Intelligence Unit (FIU), the Special Investigation Commission (SIC) as an independent legal entity with judicial powers. Overall, the 2009 U.S. DoS report finds Lebanon significantly vulnerable to money laundering and terrorist financing activities. Most significantly, the DoS recommends that Lebanon become a party to the UN International Convention for the Suppression of Terrorist Financing and to the UN Convention against Corruption.
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IICore Principles for Systemically Important Payment Systems
The 2006 and 2009 Article IV Consultation reports by the IMF both mention that the IMF has been providing technical assistance to Lebanon since 2004 in the area of payment systems. The IMF has assessed the payment systems in Lebanon as to their compliance with the Core Principles for Systemically Important Payments Systems (CPSIPS) promulgated by the Committee on Payment and Settlement Systems (CPSS). However, there no information publicly available regarding the results of this assessment, or as to which is the systemically important payment system in Lebanon. The 2009 IMF report also states that "progress in implementing IMF recommendations has been limited." A real time gross settlement (RTGS) system is not available in Lebanon, and large-value funds transfers are mainly processed by check clearinghouse and other systems, notes a 2008 World Bank report on payment systems worldwide. According to the Central Bank of Lebanon (BDL) website, the central bank owns and operates the payment and settlement system in Lebanon, and it is also responsible for the safety and soundness of the system. Further, Law No. 133/99 of 1999 expands the role and responsibilities of the BDL, granting it greater powers for developing and regulating payment systems. A 2003 report by the CPSS mentions the BDL's 2002 approval of a plan to launch the Secure Electronic Banking and Information for Lebanon (SeBIL), which would lay the foundation for Lebanon's RTGS system, to be developed in compliance with the CPSIPS. The BDL website states that the central bank has taken a number of steps to develop a secure and reliable RTGS system, such as employing a specialized international company to prepare a feasibility study on the implementation of a RTGS system aligned with the CPSIPS.
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