Page 23 - Insurance Times August 2020
P. 23

Regulatory framework
         The two main laws regulate the insurance business in
         Myanmar are the:
         Y   Myanmar Insurance Law of 1993, including the Third
             Party Liability Insurance Rules for Myanmar Insurance.

         Y   Insurance Business Law of 1996, as amended in 2015,
             for the private insurance sector, which mandates
             following basic regulatory principles:
             o   formation of the IBRB;
             o   establishment and licensing: public or private
                 limited companies must obtain a license from the
                 IBRB before operation;
             o   capital, deposit, reserve, and funds requirement;

             o   restriction on license transfer;
             o   approval requirement for policy and premium;  Y  Reinsurance capacity to be developed within country
                                                                 by maximising retention along with proper and
             o   liabilities of insurers, underwriters, and brokers;
                                                                 adequate diversification of risks.
             o   auditing;
                                                              Y  Best possible reinsurance coverage to protect interests
             o   liquidation;                                    of policyholders, cedants at reasonable cost.
             o   administrative actions; and                  Y  Adequate technical capability & financial capacity to be

             o   penalties for non-compliance.                   developed.
                                                              Y  Simplify the reinsurance business.
         The other regulatory bodies that oversee the licensing of
                                                              Y  Every insurer & reinsurer shall maintain & maximise its
         insurance businesses and activities both for domestic and
                                                                 retention calibrating its financial capacity, quality of
         overseas insurance companies in Myanmar are the:
         Y   Financial   Regulatory    Department     (FRD)      risks & volume of business.
             (www.frd.gov.mm) under the Ministry of Planning and  Y  Every insurer & reinsurer shall formulate suitable
             Finance (MoPF).                                     retention programme for each insurance segment.

         Y   Insurance Business Regulatory Board (IBRB).      Y  20% of sum at risk for each life insurance business
         Y   the Directorate of Investment and Company           portfolio shall be maintained by every insurer &
             Administration (DICA) under the Ministry of Investment  reinsurer.
             and Foreign Economic Relations (MIFER) regulates  Y  Every insurer shall commence annual reinsurance
             company registration for all companies operating in  program for every financial year and shall submit its duly
             Myanmar.                                            approved reinsurance programme by Board of directors
                                                                 to IBRB.
         Reinsurance Directive No. 4/2020                     Y  After beginning of financial year, within 30 days,
         Presently, Myanma Insurance company is authorised to    approved final reinsurance with declaration by the CEO
         transact reinsurance business in Myanmar. Private insurance  that entity has not made any change in earlier filed
         companies cannot provide reinsurance. New reinsurance   program.
         directives will bridge the protection gap and increase the
                                                              Y  In case of any revision, such revised programme duly
         insurance penetration in the country.
                                                                 approved by board along with justification, reasons shall
                                                                 be submitted to IBRB within 15 days.
         In pursuant to the power conferred to Insurance Business
         Regulatory Board (IBRB), issued reinsurance directive which  Y  While finalising reinsurance programme, each insurer
         will come in to effect from 01 Oct 2020.  The highlights of  and reinsurer shall consider the following matter.
         the directive are:-                                     o   Parameter considered for fixation of retention

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