OM-7 OM-7 Books and Records
OM-7.1 OM-7.1 General Requirements
OM-7.1.1
The requirements in Section OM-7.1 apply to
Bahraini conventional bank licensees , with respect to the business activities of the whole bank (whether booked in Bahrain or in a foreign branch). The requirements in Section OM-7.1 also apply tooverseas conventional bank licensees , but only with respect to the business booked in their branch in Bahrain.October 07OM-7.1.2
With reference to Articles 59 and 60 the CBB Law, all
conventional bank licensees must maintain books and records (whether in electronic or hard copy form) sufficient to produce financial statements and show a complete record of the business undertaken by a licensee. These records must be retained for at least 10 years according to Article 60 of the CBB Law.Amended: January 2011
October 07OM-7.1.3
OM-7.1.2 includes accounts, books, files and other records (e.g. trial balance, general ledger, nostro/vostro statements, reconciliations and list of counterparties). It also includes records that substantiate the value of the assets, liabilities and off-balance sheet activities of the licensee (e.g. client activity files and valuation documentation).
October 07OM-7.1.4
[This Paragraph was deleted in April 2011].
Deleted: April 2011OM-7.1.5
Unless otherwise agreed with the CBB in writing, records must be kept in either English or Arabic; or else accompanied by a certified English or Arabic translation. Records must be kept current. The records must be sufficient to allow an audit of the licensee's business or an on-site examination of the licensee by the CBB.
October 07OM-7.1.6
If a licensee wishes to retain certain records in a language other than English or Arabic without translation, the licensee should write to the CBB, explaining which types of records it wishes to keep in a foreign language, and why systematically translating these may be unreasonable. Generally, only loan contracts or similar original transaction documents may be kept without translation. Where exemptions are granted by CBB, the licensee is nonetheless asked to confirm that it will make available certified translations of such documents, if requested by CBB for an inspection or other supervisory purpose.
October 07OM-7.1.7
Translations produced in compliance with Rule OM-7.1.5 may be undertaken in-house, by an employee or contractor of the licensee, provided they are certified by an appropriate officer of the licensee.
Amended: October 2011
October 2007OM-7.1.8
Records must be accessible at any time from within the Kingdom of Bahrain, or as otherwise agreed with the CBB in writing.
October 07OM-7.1.9
Where older records have been archived, or in the case of records relating to overseas branches of
Bahraini conventional banks , the CBB may accept that records be accessible within a reasonably short time frame (e.g. within 5 business days), instead of immediately. The CBB may also agree similar arrangements foroverseas conventional banks , as well asBahraini conventional banks , where elements of record retention and management have been centralised in another group company, whether inside or outside of Bahrain.October 07OM-7.1.10
All original account opening documentation, due diligence and transaction documentation should normally be kept in Bahrain, if the business is booked in Bahrain. However, where a licensee books a transaction in Bahrain, but the transaction documentation is handled entirely by another (overseas) branch or affiliate of the licensee, the relevant transaction documentation may be held in the foreign office, provided electronic or hard copies are retained in Bahrain; the foreign office is located in a FATF member state; and the foreign office undertakes to provide the original documents should they be required.
October 07OM-7.1.11
Licensees should also note that to perform effective consolidated supervision of a group (or sub-group), the CBB needs to have access to financial information from foreign operations of a licensee, in order to gain a full picture of the financial condition of the group: see Module BR (CBB Reporting), regarding the submission of consolidated financial data. If a licensee is not able to provide to the CBB full financial information on the activities of its branches and subsidiaries, it should notify the CBB of the fact, to agree alternative arrangements: these may include requiring the group to restructure or limit its operations in the jurisdiction concerned.
October 07OM-7.1.12
In the case of
Bahraini conventional banks with branch operations overseas, where local record-keeping keeping requirements are different, the higher of the local requirements or those contained in this Chapter must be followed.October 07OM-7.2 OM-7.2 Transaction Records
OM-7.2.1
Conventional bank licensees must keep completed transaction records for as long as they are relevant for the purposes for which they were made (with a minimum period in all cases of five years from the date when the transaction was completed – see Module Section FC-7.1). Records of completed transactions must be kept whether in hard copy or electronic format, for at least five years from the date of the transaction as per the Legislative Decree No.(28) of 2002 with respect to Electronic Transactions "The Electronic Transaction Law" and its amendments.Amended: July 2017
October 07OM-7.2.2
[This Paragraph has been deleted in July 2017].
Deleted: July 2017
October 07OM-7.2.3
Rule OM-7.2.1 applies to all transactions entered into by a
Bahraini conventional bank licensee , whether booked in Bahrain or in an overseas branch. With respect to overseas conventional bank licensees, it applies only to transactions booked in the Bahrain branch.October 07OM-7.2.4
In the case of
overseas conventional bank licensees , Rule OM-7.2.1 therefore only applies to business booked in the Bahrain branch, not in the rest of the company.October 07OM-7.3 OM-7.3 Other Records
Corporate Records
OM-7.3.1
Conventional bank licensees must maintain the following records in original form or in hard copy at their premises in Bahrain:(a) Internal policies, procedures and operating manuals;(b) Corporate records, including minutes ofshareholders ',Directors ' and management meetings;(c) Correspondence with the CBB and records relevant to monitoring compliance with CBB requirements;(d) Reports prepared by theconventional bank licensee's internal and external auditors; and(e) Employee training manuals and records.Amended: April 2011
October 2007OM-7.3.2
In the case of
Bahrain conventional bank licensees , these requirements apply to the licensee as a whole, including any overseas branches. In the case ofoverseas conventional bank licensees , all the requirements of Chapter OM-7 are limited to the business booked in their branch in Bahrain and the records of that branch (see Rule OM-7.1.1). They are thus not required to hold copies of shareholders' and Directors' meetings, except where relevant to the branch's operations.October 07Customer Records
OM-7.3.3
Record-keeping requirements with respect to customer records, including customer identification and due diligence records, are contained in Module FC (Financial Crime). These requirements address specific requirements under the Amiri Decree Law No. 4 of 2001, the standards promulgated by the Financial Action Task Force, as well as to the best practice requirements of the Basel Committee Core Principles methodology, and its paper on "Customer due diligence for banks".
October 07Promotional Schemes
OM-7.3.4
Conventional bank licensees must maintain all materials related to promotional schemes as outlined in Section BC-1.1 for a minimum period of 5 years.Added: April 2011