BC-9.5 BC-9.5 Marketing and Promotion
BC-9.5.1
The requirements of this section apply to product specific or service specific material and not to general brand awareness promotional material. In addition to the requirements of this Section, licensees should consider Section BC-9.8.
Amended: July 2015
Added: April 08BC-9.5.2
Islamic bank licensees must ensure that all advertising and promotional material for specific products that is sent to any class ofcustomer is fair, clear and not misleading.Added: April 08BC-9.5.3
With respect to
customers , in ensuring that the description of the product or the service in the promotional material is fair, clear and not misleading, theIslamic bank licensee should, among other precautionary measures, ensure that:(a) The purpose, and to the extent practicable, the content, of the information or communication are likely to be understood by the average member of the group to whom the communication is addressed;(b) Key items contained in the information are given due prominence;(c) The method of presentation in the information does not disguise, diminish, or obscure important risks, warnings or information; and(d) The communication does not omit information that is material to ensure it is fair, clear and not misleading.Amended: July 2015
Added: April 08BC-9.5.4
In ensuring that the description of the product or the service in the promotional material is fair, the
Islamic bank licensee should avoid exaggerating the potential benefits of the products or services being offered in any communication with acustomer or potentialcustomer .Amended: July 2015
Added: April 08BC-9.5.5
In ensuring that the description of the product or the service in relation to promotional material directed at
customers is adequate, theIslamic bank licensee should: ensure that the promotional material contains a balanced description of the main characteristics of the product or service it relates to, including the nature of the financial commitment and risks involved.Amended: July 2015
Added: April 08BC-9.5.5A
In addition, the description must state the name of the person, if the communication relates to a product or service of a person other than the
Islamic bank licensee .Added: July 2015BC-9.5.5B
In the case of investment activities, the description should indicate whether or not the
financial instruments involved are illiquid, and traded in a recognised exchange or market; the existence or absence of any right of withdrawal or cancellation and, where such a right exists, its duration and the conditions for exercising it, including information on any amount that thecustomer may be required to pay to exercise that right; and state if the communication relates to afinancial instrument or service of a person other than theIslamic bank licensee , the name of the person.Added: July 2015BC-9.5.6
Islamic bank licensees must ensure that the accuracy of all material statements of fact in promotional materials is supported by adequate evidence.Added: April 08BC-9.5.7
Islamic bank licensees must not, in any form of communication with an individualcustomer or any class ofcustomer , unreasonably attempt to limit or avoid any duty or liability it may have to that individualcustomer or class ofcustomer in relation toregulated banking services , unless otherwise agreed in writing by both parties.Added: April 08BC-9.5.8
An example of an unreasonable attempt to limit liability is where a financial product is given protection or compensation status in its home country and such status is not given by the Bahrain Bank (or branch) to its customers.
Added: April 08BC-9.5.9
Islamic bank licensees that underwrite or marketpublic offerings must ensure that their promotional material complies with the relevant capital markets disclosure standards of the CBB.Added: April 08BC-9.5.10
Capital markets disclosure standards are currently contained in the Disclosure Standards Regulation of 3 December 2003.
Added: April 08Content of Promotions
BC-9.5.11
Before an
Islamic bank licensee communicates any promotional material on a specific product or service to acustomer or a potentialcustomer it must ensure that the promotional material at the very least contains the information laid out in Paragraph BC-9.13.1.Added: April 08BC-9.5.12
Islamic bank licensees must not make use of the name of the CBB in anypromotion in such a way that would indicate endorsement or approval of its products or services.Added: April 08BC-9.5.12A
For greater certainty, notification in promotion material that a bank is licensed by the CBB is not regarded as endorsement or approval by the CBB of any products or services being offered by the bank and does not contravene the requirements of Paragraph BC-9.5.12.
Added: July 2012Records
BC-9.5.13
Islamic bank licensees must maintain a record of all promotional materials issued by them or on their behalf.Added: April 08Real Time Promotions
BC-9.5.14
Islamic bank licensees must not make areal time promotion tocustomers unless the concernedcustomer has been notified of the fact in advance and has agreed in writing to receivereal time promotions .Amended: July 2015
Added: April 08BC-9.5.15
For the purposes of Paragraph BC-9.5.14, a
real time promotion is a promotion made in the course of a personal visit, telephone conversation or other interactive dialogue.Added: April 08BC-9.5.16
Consent to receive
real time promotions could be, for instance, at the time of the initial customer profiling, by means of signing a form clearly indicating such consent.Added: April 08BC-9.5.17
A representative of the
Islamic bank licensee must, on making contact for the first time with acustomer , and again at any time when asked to do so by thecustomer :(a) Identify himself as being a representative of theIslamic bank licensee ;(b) State the name of theIslamic bank licensee ; and(c) Present the customer with a business card on meeting that customer, unless he has given him such a card at a previous meeting. The business card must include a statement of the Islamic bank licensee's licensing status.Amended October 2010
Added: April 08BC-9.5.18
For the purposes of Rule BC-9.5.17(c), the statement on the business card should make clear the licensing status of the
Islamic bank licensee ; however it should not lead the customer to believe that the product being offered has been approved by the CBB. The suggested wording for the statement of licensing status is as follows: “Licensed as an Islamic retail/wholesale bank by the CBB”.Amended: October 2010
Added: April 08BC-9.5.19
In oral communications with a
customer , whether in person or by telephone, the representative of theIslamic bank licensee must:(i) Conduct himself in a polite manner and respect the wishes of thecustomer ;(ii) State the genuine purpose of the call at the commencement of the conversation;(iii) Ascertain whether or not thecustomer wishes him to proceed with the conversation if the time of the conversation was not previously agreed by thecustomer ;(iv) Explain clearly the financial products or other services which he is authorised to arrange;(v) Recognise and respect the right of thecustomer to terminate the call at any time; and(vi) If he requests another appointment and thecustomer refuses, shall accept that refusal courteously and in such a manner as to cause no embarrassment to thecustomer .Amended: July 2015
Amended: January 2011
Added: April 2008Records
BC-9.5.20
Islamic bank licensees must keep sufficient records ofreal time promotions made by them, or on their behalf by other persons, for CBB’s supervision purposes.Added: April 08BC-9.5.21
These records should include evidence that
customers have been notified in advance and agreed to receivereal time promotions , as required under Rule BC-9.5.14.Added: April 08