IIEffective Insolvency and Creditor Rights Systems
Two writers for the Organization for Economic Cooperation and Development (OECD), Messrs. Batra and Neelakanaden, as well as the 2008 U.S. Department of Commerce "Country Commercial Guide" note that the primary legislation governing Sri Lanka's insolvency regime are the Companies Act and the Insolvency Ordinance. The OECD sources find that, overall, Sri Lanka's legal system, in terms of both laws and institutions, is well regarded, but all three sources find that the insolvency regime in particular is lacking in a number of areas. All make specific mention of the weakness in handling the reorganization of troubled businesses, for example. Supervision of liquidators is lacking, according to Mr. Batra, and Mr. Neelakanaden noted that cross-border insolvency judgments by foreign courts are enforceable in Sri Lanka only when the country of judgment enjoys reciprocal relations with the Sri Lankan courts. The available information on Sri Lanka's insolvency practices is primarily descriptive, and there is insufficient publicly available information regarding Sri Lanka's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank. However, Batra in his report notes that Sri Lankan authorities have requested that the World Bank conduct an assessment of the country's insolvency system with a view to reforming it.
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IDInternational Financial Reporting Standards
During a 2004 World Bank assessment, the Sri Lankan accounting and auditing standard-setter - the Institute of Chartered Accountant of Sri Lanka (ICASL) - informally expressed its commitment to adopting International Financial Reporting Standards (IFRSs) promulgated by the International Accounting Standards Board by 2005. However, its intentions were formalized only in August 2007. According to Deloitte's IAS Plus website, at an international conference sponsored by the South Asian Federation of Accountants in Colombo, Sri Lanka, the ICASL president announced that its board had approved a policy that would bring the Sri Lankan standards in line with IFRSs; in fact, the Sri Lanka Accounting Standards (SLASs) will be fully compliant with IFRSs by 2011. As of 2008, Sri Lankan business entities follow SLASs, a majority of which, according to the World Bank, comply with the international standards. However, gaps exist due to non adoption of certain international standards and introduction of alternative accounting methods not permitted by IFRSs. The World Bank, therefore, recommended use of IFRSs without any modifications. Other weaknesses were also found with regard to weak regulatory capacity and enforcement mechanisms. The World Bank recommended building regulatory capacity, strengthening enforcement mechanisms, and initiating legal reforms. It also called for improving education and training and upgrading the licensing procedures for accountants and practicing auditors. With regard to small and medium-size enterprises (SMEs), the World Bank notes that the ICASL issued a standard for small and medium-size enterprises in 2003, which incorporates a simplified version of accounting and disclosure requirements for SMEs.
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IIPrinciples of Corporate Governance
The ICASL developed the voluntary "Code of Best Practice on Corporate Governance" in March 2003. This Code was issued jointly by ICASL and the Securities Exchange Commission (SEC) in consultation with the Colombo Stock Exchange (CSE) with the purpose of strengthening the corporate governance framework in Sri Lanka. Nonetheless, weaknesses exist and according to the 2008 U.S. Country Commercial Guide, in general, improvements are required in corporate governance, accountability and public disclosure. In recent years, Sri Lanka has been taking initiatives in this regard. For instance, the SEC and the ICASL, in consultation with the CSE, issued a draft code on corporate governance in 2006 to be subsequently incorporated into the CSE Listing Rules. Among other things, this code contains provisions on the protection of minority rights. A 2005 Asian Development Bank report notes that given the large number of companies listed on the CSE, the enforcement of the Code will help ensure the protection of minority rights. More recently, a 2007 article in the Sunday Times (of Sri Lanka) confirmed the incorporation of the Rules on Corporate Governance for Listed Companies into the CSE Listing Rules. These rules are mandatory for all listed companies, effective April 2008 and will be enforced by the CSE. In addition, Sri Lanka introduced a new Companies Act in 2007 which addresses some of the gaps and weaknesses present in the old legislation. Sri Lanka also intends to adopt International Financial Reporting Standards by 2011. In sum, the available information is indicative of Sri Lankan commitment to and initiatives in the field of corporate governance, but it does not address the overall quality of Sri Lanka's corporate governance framework nor its compliance with the Organization for Economic Cooperation and Development's Principles of Corporate Governance.
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IDInternational Standards on Auditing
According to the assessment of accounting and auditing practices in Sri Lanka conducted by the World Bank in 2004, Sri Lanka Auditing Standards (SLAuS) are in line with the International Standards on Auditing (ISAs) effective as of 1998. A 2006 ICASL self-assessment explains that Sri Lanka adopts pronouncements issued by the International Auditing and Assurance Board (IAASB) as national standards with minor modifications to reflect the local legal environment. However, as mentioned earlier, SLAuS listed on the ICASL website have been effective beginning on or after January 1, 1998. The IAASB subsequently revised a majority of ISAs and according to a comparison of Sri Lankan auditing standards with international standards issued by the South Asian Federation of Accountants (SAFA), as of July 2006, the revised and amended ISAs were under review for adoption by the ICASL. With regards to the overall financial reporting framework, the World Bank recommended strengthening regulatory capacity and enforcement mechanisms along with improving professional education and training. The assessment also recommended introducing independent oversight of the audit profession and upgrading the licensing procedures for accountants and practicing auditors.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Asia/Pacific Group on Money Laundering (APGML) conducted a mutual evaluation of Sri Lanka's Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) regime against the Financial Action Task Force's (FATF) 40+9 recommendations and special recommendations in 2006. In its assessment, the APGML concluded that Sri Lanka is fully compliant with 3, largely complaint with 4, partially compliant with 24, and non-compliant with 18 recommendations and special recommendations. The main laws addressing the Sri Lankan AML/CFT framework - the Prevention of Money Laundering Act and the Financial Transactions Reporting Act came into force in 2006 during the APGML evaluation, and therefore the assessors were unable to assess the effectiveness of these laws. Moreover, the Sri Lankan Financial Intelligence Unit was established in July 2006 following the assessment. Therefore, at the time of the assessment, Sri Lanka's AML/CFT regime was at a nascent stage and there had been no history of investigations or prosecutions of money laundering under the newly introduced legislation. The report, however, identified some major weaknesses in the existing AML/CFT regime. For example, the APGML report assigned a rating of partially compliant for Sri Lanka against the FATF's recommendation on the criminalization of money laundering. In this regard the report notes that not all FATF designated offenses were included as predicate offenses to money laundering. Similarly, the APGML report rated Sri Lanka as partially compliant with special recommendation II on the criminalization of terrorist financing. The report also finds the country non compliant with several recommendations relating to preventive measures in the financial sector, especially in terms of customer due diligence and suspicious transactions reporting. Subsequent to the APGML report of 2006, there is no further publicly available information addressing Sri Lanka's AML/CFT regime with the FATF recommendations.
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IICore Principles for Systemically Important Payment Systems
Sri Lanka has two systemically important payment systems, the LankaSettle System, the integrated Real-Time Gross Settlement (RTGS) and Scripless Securities Settlement System (SSSS) operated by the Central Bank of Sri Lanka (CBSL), and the Cheque Imaging and Truncation (CIT) System operated by LankaClear. The CBSL is charged with the oversight of both these systems. Sri Lanka has been taking substantial steps to update and modernize its payment systems and upgrade the legal framework governing them. It has also chalked out a five-year road map (2007-2010) to modernize the payment system infrastructure in the country and help it meet international standards. In 2007, the International Monetary Fund (IMF) conducted a Financial Sector Assessment Program (FSAP) Update for Sri Lanka as a follow up to an unpublished 2002 FSAP. The 2007 FSAP Update makes positive observations on the improvements made in the Sri Lankan payments system, stating that the LankaSettle RTGS system that was launched in 2003 is technically well functioning and reliable. However, the FSAP Update does not provide any compliance rating for Sri Lanka against the Committee on Payment and Settlement Systems' Core Principles for Systemically Important Payment Systems (CPSIPS). Nor does it assess the CIT system, which is designated by the CBSL as systemically important. An article by Ranee Jayamaha notes that the 2005 Payment and Settlement Systems Act allows the CBSL to review the SIPS periodically to ensure that their design and operation meet international standards and best practices. Nevertheless, none of the reports mentioned above provide sufficient information addressing Sri Lanka's actual compliance with the CPSIPS.
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