EN-A EN-A Introduction
EN-A.1 EN-A.1 Application
Executive Summary
EN-A.1.1
This Module sets out the Central Bank of Bahrain's ('CBB') approach to enforcement, and the mechanisms used by the CBB to address failures by licensees to comply with its regulatory requirements. The purpose of such measures is to encourage a high standard of compliance by the CBB licensees, thus reducing risk to their customers and the rest of the financial system.
Amended: January 2011
Amended: October 2010
Added: October 2007EN-A.1.2
This Module provides support for all other Modules of the Rulebook.
Added: October 2007Legal Basis
EN-A.1.3
This Module contains the CBB's Directive (as amended from time to time) relating to enforcement and penalties and administrative provisions under Articles 125 to 132 of the Central Bank of Bahrain and Financial Institutions Law 2006 and its amendments ('CBB Law'). It is issued under the powers available to the CBB under Article 38 of the CBB Law. The Directive in this Module is applicable as follows. Chapters EN-1 to EN-4 and EN-6 to EN-9 inclusive apply to all
Islamic bank licensees . Chapters EN-2 to EN-5 and EN-10 apply to the Directors and employees of allIslamic bank licensees . Chapter EN-6 is applicable toIslamic bank licensees and as well as to persons referred to in paragraph (b) or Article (68 bis 1) of the CBB law.Amended: April 2016
Amended: January 2011
Amended: October 2010
Added: October 2007EN-A.1.4
For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.
Added: October 2007EN-A.2 EN-A.2 Module History
EN-A.2.1
This Module was first issued on 1st January 2005 as part of the Islamic principles volume. All regulations in this volume have been effective since this date. All subsequent changes are dated with the month and year at the base of the relevant page and in the Table of Contents. Chapter 3 of Module UG provides further details on Rulebook maintenance and control.
Added: October 2007EN-A.2.2
A list of the most recent changes made to this Module are detailed in the table below:
Module Ref. Change Date Description of Changes EN-7 07/2006 Addition of procedures for "Appointed Experts" (relocated from AU 4). EN-A 10/2007 New references to the CBB Law and new Rule categorising this Module as a Directive. EN-1, 3, 4, 6-10 10/2007 Administrative changes to sections as a result of the new CBB Law EN-7.1 and 7.2 01/2009 Minor amendments due to new Role of Reporting Accountants chapter in Module AU EN 10/2010 Various minor amendments to ensure consistency in CBB Rulebook. EN-A.1.3 and EN-A.2.4 10/2010 Correction of typo(s) EN-6.2A 10/2010 Added new Section on financial penalties for date sensitive requirements EN-A.1.3 01/2011 Clarified legal basis. EN-6.2A.7 04/2011 Clarified guidance on payment of annual fees. EN-6.2A.7(a) 07/2011 Clarified due date when a weekend is involved. EN-7 10/2011 Chapter has been streamlined and repetitive information has been eliminated and reference is now made to Section BR-6.5. The term "appointed experts" has been substituted for the previously used "investigators". EN-10.3.1A 01/2013 Paragraph added to refer to Article 161 of the CBB Law. EN-6.2A.2(c) 10/2013 Corrected cross reference. EN-A.1.3 04/2016 Reference added to amendments to the CBB Law and to the broader scope of financial penalties also applicable to persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law. EN-6 04/2016 Amended to be in line with amendments to Article 129 of the CBB Law. EN-6.3.5 04/2016 Added Rule regarding anticipated late submission of date sensitive requirements. EN-6.2A.3 04/2017 Adjustment of financial penalties for Date of Sensitive Requirements. EN-6.2A.3 04/2017 Adjustment of financial penalties for Date of Sensitive Requirements. EN-6.2A.1 and 6.2A.2 07/2017 Added the requirement of HC-7.2 as part of date sensitive requirements. EN-4.1 07/2018 Amended Section title. EN-5.2.2 07/2018 Amended Paragraph. EN-5.2.4 07/2018 Added new Paragraph on re-assessment tests. EN-6.1.1 07/2018 Amended Paragraph EN-6.1.2 07/2018 Amended Paragraph EN-6.1.2A 07/2018 Added new Paragraph on maximum financial penalty. EN-6.1.5 07/2018 Added reference to new Appendix A. EN-6.2.1 07/2018 Deleted Paragraph. EN-6.2.2 07/2018 Deleted Paragraph. EN-6.2.3 07/2018 Deleted Paragraph. EN-6.2A.5 07/2018 Deleted Paragraph. EN-6.3.4 07/2018 Amended Paragraph Appendix A 07/2018 Added new Appendix. EN-3.2.3 04/2019 Moved guideline to Section EN-1.1. EN-8 04/2019 Deleted Chapter. EN-6.1.3 10/2019 Amended Paragraph to refer to Bahraini banks. EN-6.1.3A 10/2019 Added a new Paragraph on disclosure of financial penalties of branches of foreign banks. EN-6.2A.4 04/2020 Amended Paragraph. EN-6.2B 04/2021 Added a new Section on ‘Financial Penalties for Non-compliance with Blocking/Unblocking Requirements’. EN-6.2B 10/2022 Section moved to EN-6.5. EN-6.5 10/2022 Added a new Section on Other Financial Penalties. Evolution of the Module
EN-A.2.3
The Module incorporates the requirements set out under Circular No. ODG/249/2004 dated 22 July 2004 relating to the CBB's approach to enforcement.
Amended: October 2010
Added: October 2007Effective Date
EN-A.2.4
The contents in this Module are effective from 1st Janary 2005 or from the date given at the footer of the page where changes to Enforcement have occurred as a result of the issuance of Central Bank of Bahrain and Financial Institutions Law (Decree No. 64 of 2006). However, the contents of other Modules referred to herein are effective from the dates specified in those respective Modules.
Amended: October 2010
Added: October 2007
