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  • GR-1.1 GR-1.1 General Requirements

    • GR-1.1.1

      The requirements in Section GR-1.1 apply to Bahraini Islamic 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 GR-1.1 also apply to overseas Islamic bank licensees, but only with respect to the business booked in their branch in Bahrain.

    • GR-1.1.2

      All Islamic 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 the minimum period specified under Bahrain law.

    • GR-1.1.3

      GR-1.1.2 includes accounts, books, files and other records (e.g. trial balance, general ledger, nostro/vostro statements, reconciliations and lists 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). Finally, it includes any email records that are directly related to transactions (such as payment instructions from customers or other third parties).

    • GR-1.1.4

      Bahrain law currently requires corporate records to be retained for at least 5 years (see Ministerial Order No. 23 of 2002, made pursuant to the Amiri Decree Law No. 4 of 2001).

    • GR-1.1.5

      Unless otherwise agreed with the BMA 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 BMA.

    • GR-1.1.6

      If a licensee wishes to retain certain records in a language other than English or Arabic without translation, the licensee should write to the BMA, explaining which types of records it wishes to keep in a foreign language, and why systematically translating these may be unreasonable. Generally, only financing contracts or similar original transaction documents may be kept without translation. Where exemptions are granted by BMA, the licensee is nonetheless asked to confirm that it will make available certified translations of such documents, if requested by BMA for an inspection or other supervisory purpose.

    • GR-1.1.7

      Translations produced in compliance with Rule GR-1.1.5 may be undertaken in-house, by an employee or contractor of the licensee, providing they are certified by an appropriate officer of the licensee.

    • GR-1.1.8

      Records must be accessible at any time from within the Kingdom of Bahrain, or as otherwise agreed with the BMA in writing.

    • GR-1.1.9

      Where older records have been archived, or in the case of records relating to overseas branches of Bahraini Islamic bank licensees, the BMA may accept that records be accessible within a reasonably short time frame (e.g. within 5 business days), instead of immediately. The BMA may also agree similar arrangements for overseas Islamic bank licensees, as well as Bahraini Islamic bank licensees, where elements of record retention and management have been centralised in another group company, whether inside or outside of Bahrain.

    • GR-1.1.10

      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.

    • GR-1.1.11

      Licensees should also note that to perform effective consolidated supervision of a group (or sub-group), the BMA 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 (BMA Reporting), regarding the submission of consolidated financial data. If a licensee is not able to provide to the BMA full financial information on the activities of its branches and subsidiaries, it should notify the BMA of the fact, to agree alternative arrangements: these may include requiring the group to restructure or limit its operations in the jurisdiction concerned.

    • GR-1.1.12

      In the case of Bahraini Islamic bank licensees with branch operations overseas, where local record keeping requirements are different, the higher of the local requirements or those contained in this Chapter must be followed.