EN-7.2 EN-7.2 CBB Policy
EN-7.2.1
The CBB uses its own inspectors to undertake on-site examinations of licensees as an integral part of its regular supervisory efforts. In addition, the CBB may commission special investigations of licensees in order to help it assess their compliance with CBB requirements, as contained in Article 121 of the CBB Law. Such investigations may be carried out either by the CBB's own officials, by duly qualified experts appointed for the purpose by the CBB (
appointed experts ), or a combination of the two.Amended: October 2011
Added: October 2007EN-7.2.2
Failure by licensees to cooperate fully with the CBB's inspectors or
appointed experts , or to respond to their examination reports within the time limits specified, will be treated as demonstrating a material lack of cooperation with the CBB which will result in other enforcement measures being considered, as described elsewhere in this Module. This Rule is supported by Article 124(a) of the CBB Law.Amended October 2011
Amended October 2010
Amended January 2009
Added October 2007EN-7.2.3
The CBB may appoint an individual or a firm as an
appointed expert . Examples ofappointed experts are lawyers, audit firms and expert witnesses. The appointment ofappointed experts is not necessarily indicative of a contravention of CBB requirements or suspicion of such a contravention. For instance, anappointed expert may be commissioned to provide an expert opinion on a technical matter.Amended October 2011
Amended January 2009
Added October 2007EN-7.2.4
Appointed experts report in a form and within a scope defined by the CBB, and are solely responsible to the CBB for the work they undertake in relation to the investigation concerned. The report produced by theappointed experts is the property of the CBB (but is usually shared by the CBB with the firm concerned). The cost of theappointed experts' work must be borne by the licensee concerned.Amended: October 2011
Added: October 2007EN-7.2.5
In selecting an
appointed expert , the CBB will take into account the level of fees proposed and aim to limit these to the lowest level consistent with an adequate review of the matters at hand, given the qualifications, track record and independence of the persons concerned. Because the cost of such investigations are met by the licensee, the CBB makes only selective use ofappointed experts , when essential to supplement CBB's other supervisory tools and resources.Amended: October 2011
Added: October 2007EN-7.2.6
The CBB may commission reports, which require
appointed experts to review information from another company within the reporting bank's group even where that other company is not itself subject to any CBB requirements.Amended: October 2011
Added: October 2007[Deleted]
[This Paragraph was deleted in October 2011]
Deleted October 2011
EN-7.2.7
Banks must provide all relevant information and assistance to
appointed experts on demand. This rule is based on Article 123 of the CBB Law.Amended October 2011
Amended January 2009
Added October 2007EN-7.2.8
Further details on the required report and other aspects related to the role of the
appointed expert are contained in Section BR-6.5.Amended: October 2011
Added: October 2007EN-7.2.9
[This Paragraph was deleted in October 2011]
Deleted: October 2011
Amended: October 2010
Added: October 2007EN-7.2.11
[This Paragraph was moved to Section BR-6.5 in October 2011].