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FORWARD
In a forward contract one party agrees to deliver a certain commodity on a specified date and
at a specified price. The commodity can be a real commodity such as gold or wheat or a
financial asset such as foreign exchange or shares.
FUTURES
Futures are similar to forwards in all but two aspects. First, futures are traded on organized
commodity exchanges. Forwards, in contrast, are traded over-the-counter only, without
posted prices. Secondly, a forward contract involves only one cashflow, at the maturity of the
contract, while futures contracts generally require interim cashflows before maturity.
OPTIONS
Options are traded both through organized exchanges and over-the-counter. An option is a
contract giving the owner the right, but not the obligation, to purchase (call) or sell (put), at
expiration, an amount of an asset at a specified price.
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SWAPS
Swaps are private agreements between two parties to exchange cashflows in the future
according to a prearranged formula.
There are two commonly known types of swaps: interest rate swaps and currency
swaps.
A plain vanilla interest rate swap is an agreement between two counterparties to
exchange a stream of fixed interest rate payments for a stream of floating interest rate
payments. Both streams are denominated in the same currency and are based on a notional
principal amount. The notional principal is not exchanged.
In its simplest form, currency swaps involve exchanging principal and fixed rate
interest payments on a loan in one currency for principal and fixed rate interest payments on
an approximately equivalent loan in another currency.
CREDIT DERIVATIVES
Credit derivatives are, in essence, traditional derivatives (forwards and options, both on a
stand-alone basis or embedded in the form of structured notes) re-engineered to have a credit
orientation.
The principal products usually referred to as credit derivatives encompass three
instruments:
Total rate of return swaps: These are adaptations of the traditional swap format to
synthetically create loan or credit asset- like investments for investors. Under a total return
swap, one party agrees to pay the other the return on a loan asset in return for a regular
floating rate interest payment based on the underlying loan balance.
Credit spread products: These are generally forwards or options on the credit risk
margins on credit assets. Credit spread products are typically structured as forward rate
agreements or options, which involve a net cash settlement based on the difference between
an agreed spread and the actual spread between two securities.
Credit default products: These are similar in structure to put options on credit assets
and are usually structured as instruments that give an agreed payoff on the occurrence of
specific credit event. Credit default products generally involve one party making regular
payments based on a notional principal amount, in return for the other party making an
agreed default payment if a defined credit event occurs.
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Under the Banking Law and under banks' natural functions, banks primary activities
are raising funds from the public and channeling them back to the public in the form of
credits. The main assets (and also risks) of banks are therefore, credits. Banks can reasonably
deal with credits directly (for example, by granting credits direct to their counter-parties) or
indirectly (by entering into or by purchasing credit derivatives). It is logical then that Bank
Indonesia never intends to disallow banks from managing their own assets and risks through
credit derivative transactions.
In the further development, Bank Indonesia also issued a limitation on the amount of
certain derivative transactions entered into with non-resident counterparty in the amount of
$3 million or its equivalent, either for each individual transaction or for total outstanding
gross position per bank at one time. This limitation is stipulated in Regulation of Bank
Indonesia No 3/3/PBI/2001 (January 12 2001). The limitation does not apply for hedging
purposes in the framework of investment in Indonesia.
Problems can arise because the regulation does not specify if the limitation stipulated
is also inapplicable for banks if they try to square their positions to a third party (nonresident) if as a result of the investment-related swap/derivative transaction, the banks need
to hedge their position.
Because of the limit on the types of transactions being subjected to the regulation
(that is, those involving foreign currency against Rupiah deals) and considering that the new
regulation is aimed at reducing the fluctuation of the value of Rupiah in order to secure the
stability and integrity of the Indonesian financial system to support continuous economic
growth, the new regulation should not be applicable to credit derivatives.
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TAX IMPLICATIONS
There has not been any specific regulation that deals with tax treatments over derivatives,
swaps or credit derivatives in Indonesia. However, this does not mean that the income
received from or in connection with the transactions is not subject to tax. In accordance with
the general principle of Indonesian income tax, any additional economic capability received
or obtained by the tax payer, either from onshore sources or from offshore sources, in
whatever name or form constitutes taxable income pursuant to Law No 7 of 1983 (as
amended, most recently by Law No 17 of 2000).
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a swap premium paid for loans in foreign currency reported to and confirmed by Bank
Indonesia; and
a swap premium in relation to certain export activities.
The difference in tax treatment has forced parties with loans, which pursuant to the
laws are not required to be reported to or confirmed by Bank Indonesia (such as onshore
foreign currency loans), to withhold tax on the premiums as if such premiums were interests.
Until the third amendment to the Income Tax Law became effective (on January 1
2001), regular swap premiums paid to non-residents are not taxable in Indonesia.
The current provisions of article 26 paragraph 1b of the Income Tax Law stipulate
that on income in the form of swap premium (elucidated as one related to an interest [rate]
swap) paid to non-residents will be subject to a withholding tax of 20% of the gross amount.
This elucidation has created new uncertainty for market participants over whether the
provisions of article 26 paragraph 1b of the Income Tax Law are limited so that premiums on
other swaps are not subject to the same tax treatment.
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