• Common Modules (Applicable to all Specialised Licensees)

    • Part A

      • Introduction

        • UG UG User's Guide

          • UG-A UG-A Introduction

            • UG-A.1 UG-A.1 Purpose

              • Executive Summary

                • UG-A.1.1

                  The Central Bank of Bahrain ('the CBB'), in its capacity as the regulatory and supervisory authority for all financial institutions in Bahrain, issues regulatory instruments that licensees and other specified persons are legally obliged to comply with. These regulatory instruments are contained in the CBB Rulebook. Much of the Rulebook's substantive content was previously issued by the Bahrain Monetary Agency ('the BMA'), and was carried forward when the CBB replaced the BMA in September 2006.

                  October 2010

                • UG-A.1.2

                  The Rulebook is divided into 7 Volumes, covering different areas of financial services activity. These Volumes are being progressively issued. Volumes 1 and 2, covering conventional bank licensees and Islamic bank licensees respectively, were issued in July 2004 and January 2005; Volume 3, covering insurance licensees, was issued in April 2005; Volume 4, covering investment firm licensees was issued in April 2006. This Volume, Volume 5 specialised licensees is issued in 2010. Volume 6 (capital markets) is gradually being issued. Volume 7 on collective investment undertakings (CIUs) was issued in May 2012.

                  Amended: October 2012
                  October 2010

                • UG-A.1.3

                  This User's Guide provides guidance on (i) the status and application of the Rulebook, with specific reference to Volume 5 (Specialised licensees); (ii) the structure and design of the Rulebook; and (iii) its maintenance and version control.

                  October 2010

                • UG-A.1.4

                  Volume 5 (Specialised Licensees) covers specialised licensees, i.e. those CBB licensees that undertake regulated specialised activities that do not fall under any other Volume (1-4,6, 7) of the CBB Rulebook. It contains prudential requirements (such as rules on minimum capital and risk management); and conduct of business requirements (such as rules on the giving of advice and the treatment of customer money). Collectively, these requirements are aimed at ensuring the safety and soundness of CBB-licensed companies, and providing an appropriate level of protection to the customers of such companies.

                  Amended: October 2012
                  October 2010

              • Legal Basis

                • UG-A.1.6

                  This Module contains the CBB's Directive (as amended from time to time) regarding the User's Guide for Volume 5 of the CBB Rulebook, and is issued under the powers available to the CBB under Article 38 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). The Directive in this Module is applicable to all specialised licensees (including their approved persons).

                  Amended: January 2011
                  October 2010

                • UG-A.1.7

                  For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

                  October 2010

            • UG-A.2 UG-A.2 Module History

              • Evolution of Module

                • UG-A.2.1

                  This Module was first issued in October 2010. Any material changes that are subsequently made to this Module are annotated with the calendar quarter date in which the change is made; Chapter UG-3 provides further details on Rulebook maintenance and version control.

                  October 2010

                • UG-A.2.2

                  A list of recent changes made to this Module is provided below:

                  Module Ref. Change Date Description of Changes
                  UG-A.1.6 01/2011 Clarified legal basis.
                  UG-2.1.2 01/2011 Amended defined term.
                  UG-A.1.2, UG-A.1.4, UG-1.2.1, UG-1.2.2, UG-1.2.7, UG-2.1.1, UG-2.1.2, UG-2.1.5 and UG-2.2.2 10/2012 Various minor corrections to reflect structure of Rulebook, including issuance of Volume 7.
                  UG-3.2 and Annex 01/2013 Amended as CBB Rulebook only now available on CBB Website.
                  UG-1.3.4 10/2016 Added a Paragraph to clarify reference to 'he' 'his' 'she' and 'her'.
                  UG-3.2.2. 04/2020 Amended Paragraph.

          • UG-1 UG-1 Rulebook Status and Application

            • UG-1.1 UG-1.1 Legal Basis

              • General

                • UG-1.1.1

                  Volume 5 (Specialised Licensees) of the CBB Rulebook is issued by the CBB pursuant to the Central Bank of Bahrain and Financial Institutions Law 2006 ('the CBB Law'). The CBB Law provides for two formal rulemaking instruments: Regulations (made pursuant to Article 37) and Directives (made pursuant to Article 38). Other articles in the CBB Law also prescribe various specific requirements (for example, requirements relating to licensing (Articles 44 to 49), or the notification and approval of controllers of licensees (Articles 52 to 56)).

                  October 2010

                • UG-1.1.2

                  The Purpose Section of each Module specifies in all cases the rulemaking instrument(s) used to issue the content of the Module in question, and the legal basis underpinning the Module's requirements.

                  October 2010

              • CBB’s Rulemaking Instruments

                • UG-1.1.4

                  Regulations are made pursuant to Article 37 of the CBB Law. These instruments have general application throughout the Kingdom and bind all persons ordinarily affected by Bahraini legislative measures (i.e. residents and/or Bahraini persons wherever situated).

                  October 2010

                • UG-1.1.5

                  Because Regulations have wide general application, they are subject to two important safeguards: (i) the CBB is under a duty to consult with interested parties and to review and consider their comments; and (ii) the finalised Regulations only become effective after they are published in the Official Gazette.

                  October 2010

                • UG-1.1.6

                  Directives are made pursuant to Article 38 of the CBB Law. These instruments do not have general application in the Kingdom, but are rather addressed to specific licensees (or categories of licensees) or approved persons. Directives are binding on those to whom they are addressed.

                  October 2010

                • UG-1.1.7

                  Unlike Regulations, there is no duty on the CBB to either consult with addressees or publicise a Directive by publishing it in the Official Gazette (save that an addressee must obviously have actual or constructive notice of a Directive). However, as a matter of general policy, the CBB also consults on Rulebook content issued by way of a Directive.

                  October 2010

                • UG-1.1.8

                  All of the content of the CBB Rulebook has the legal status of at least a Directive, issued pursuant to Article 38 of the CBB Law. Certain of the requirements contained in the CBB Rulebook may also have the status of a Regulation, in which case they are also separately issued pursuant to Article 37 of the CBB Law and published in the Official Gazette. Where this is the case, then the Rulebook cross-refers to the Regulation in question and specifies the requirements concerned.

                  October 2010

                • UG-1.1.9

                  In keeping with the nature of these regulatory instruments, Regulations are used to supplement the CBB Rulebook, either where explicitly required under the CBB Law, or where a particular requirement needs to have general applicability, in addition to being applied to licensees or approved persons.

                  October 2010

            • UG-1.2 UG-1.2 Status of Provisions

              • UG-1.2.1

                The contents of the CBB Rulebook are categorised either as Rules or as Guidance. Rules have a binding effect. If a licensee breaches a Rule to which it is subject, it is liable to enforcement action by the CBB and, in certain cases, criminal proceedings by the Office of the Public Prosecutor.

                Amended: October 2012
                October 2010

              • UG-1.2.2

                Guidance is not binding: rather, it is material that helps inform a particular Rule or set of Rules, or provides other general information. Where relevant, compliance with Guidance will generally lead the CBB to assess that the rule(s) to which the Guidance relates has been complied with. Conversely, failure to comply with Guidance will generally be viewed by the CBB as tending to suggest breach of a Rule.

                Amended: October 2012
                October 2010

              • UG-1.2.3

                The status of each Paragraph within the Rulebook is identified by its text format, as follows:

                •   Rules are in bold, font size 12. The Paragraph reference number is also highlighted in a coloured box.
                •   Guidance is in normal type, font size 11.
                October 2010

              • UG-1.2.4

                Where there are differences of interpretation over the meaning of a Rule or Guidance, the CBB reserves the right to apply its own interpretation.

                October 2010

              • UG-1.2.5

                Rule UG-1.2.4 does not prejudice the rights of an authorised person to make a judicial appeal, should it believe that the CBB is acting unreasonably or beyond its legal powers.

                October 2010

              • UG-1.2.6

                All Rulebook content has the formal status of at least a Directive. Some Rulebook content may also have the status of Regulations. Rulebook content that is categorised as a Rule is therefore legally mandatory and must be complied with by those to whom the content is addressed.

                October 2010

              • UG-1.2.7

                [This Paragraph was deleted in October 2012].

                Deleted: October 2012
                October 2010

              • UG-1.2.8

                The CBB's enforcement powers and processes are set out in Module EN.

                October 2010

            • UG-1.3 UG-1.3 Application

              • UG-1.3.1

                Volume 5 of the CBB Rulebook for the most part applies only to specialised licensees, and to individuals undertaking key functions in those licensees (so-called 'approved persons'). Most of the content of Volume 5 only has the formal status of a Directive.

                October 2010

              • UG-1.3.2

                A few Rules and Guidance have general applicability (and thus also have the formal status of a Regulation): for instance, no one may carry on specialised activities within or from Bahrain without the appropriate license, and controllers of specialised licensees are also subject to various requirements.

                October 2010

              • UG-1.3.3

                Each Module in Volume 5 (except those listed under the 'Introduction' and 'Sector Guides' headings) contains a Scope of Application Chapter, setting out which Rules and Guidance apply to which particular type of specialised licensee or person, for the Module concerned. In addition, each Rule (or Section containing a series of Rules) is drafted such that its application is clearly highlighted for the user. Finally, each Module, in its Purpose Section, specifies in all cases the rulemaking instrument(s) used to issue the content of the Module in question, and the legal basis underpinning the Module's requirements.

                October 2010

              • UG-1.3.4

                All references in this Module to 'he' or 'his' shall, unless the context otherwise requires, be construed as also being references to 'she' and 'her'.

                Added: October 2016

            • UG-1.4 UG-1.4 Effective Date

              • UG-1.4.1

                Volume 5 (Specialised Licensees) of the CBB Rulebook was first issued in October 2010. Its contents have immediate effect, subject to any specific transition arrangements that may be specified.

                October 2010

          • UG-2 UG-2 Rulebook Structure and Format

            • UG-2.1 UG-2.1 Rulebook Structure

              • Rulebook Volumes

                • UG-2.1.1

                  The Rulebook is divided into 7 Volumes, covering different areas of financial services activity, as follows:

                  Volume 1 Conventional Banks
                  Volume 2 Islamic Banks
                  Volume 3 Insurance
                  Volume 4 Investment Business
                  Volume 5 Specialised Licensees
                  Volume 6 Capital Markets
                  Volume 7 Collective Investment Undertakings
                  Amended: October 2012
                  October 2010

                • UG-2.1.2

                  Volume 5 (Specialised Licensees), covers money changers; financing companies; representative offices; administrators; trust service providers, micro-finance institutions and ancillary services providers.

                  Amended: October 2012
                  Amended: January 2011
                  October 2010

              • Rulebook Contents (Overview)

                • UG-2.1.3

                  The material in Volume 5 is divided into common modules and specific modules. It is further organised by the type of the specialised licensee concerned, as outlined in the chart in UG-2.1.5 below. The contents of the common modules apply to all specialised licensees, while the content of the specific modules apply to one specific type of licensee (e.g. Capital Adequacy Module for Money Changers).

                  October 2010

                • UG-2.1.4

                  Each Volume has its own appendix Volume containing relevant reporting and authorisation forms; a glossary; and any supplementary information. In all cases, the main Volume is called 'Part A' and the appendix Volume is called 'Part B'.

                  October 2010

                • UG-2.1.5:

                  Volume 5 Structure
                  Common Modules (Applicable to all Specialised Licensees)
                  User's Guide Module (UG)
                  Financial Crime Module (FC)
                  Auditors and Accounting Standards Module (AA)
                  Enforcement Module (EN)
                  Principles of Business Module (PB)
                  Specific Modules (By Type of Licensee)
                  Type 1: Money Changers Licensees Type 2: Representative Office Licensees Type 3: Financing Companies Type 4: Fund Administrators Type 5: Trust Service Providers Type 6: Micro-Finance Institutions Type 7: Ancillary Services Providers
                  Authorisation Module (AU) Authorisation Module (AU) Authorisation Module (AU) Authorisation Module (AU) To be developed
                  Business Conduct Module (BC)   Business Conduct Module (BC)  
                  CBB Reporting Requirements Module (BR)   CBB Reporting Requirements Module (BR) CBB Reporting Requirements Module (BR)
                  Capital Adequacy Module (CA)   Capital Adequacy Module (CA) Capital Adequacy Module (CA)
                  General Requirements Module (GR) General Requirements Module (GR) General Requirements Module (GR) General Requirements Module (GR)
                  High-level Control Module (HC)   High-level Control Module (HC) High-level Control Module (HC)
                  Risk Management Module (RM)   Risk Management Module (RM)  
                  Training and Competency Module (TC)   Training and Competency Module  
                      Liquidity Risk Management Module (LM)  
                  Amended: October 2012
                  October 2010

            • UG-2.2 UG-2.2 Volume Structure

              • Modules

                • UG-2.2.1

                  Modules in Volume 5 are divided into Common and Specific Modules based on the nature of each specialised licensee. The contents of Common Modules apply to all specialised licensees, while the contents of Specific Modules apply to one specific type of licensee (e.g. Money Changers).

                  October 2010

                • UG-2.2.2

                  Each Module in Volume 5 is referenced using a two-or three-letter code, which is usually a contraction or abbreviation of its title. For each Specific Module, in addition to the title, the type of licensee is mentioned. These codes are used for cross-referencing within the text.

                  Amended: October 2012
                  October 2010

              • Chapters

                • UG-2.2.3

                  Each Module consists of Chapters, categorised into two types:

                  •   Standard introductory Chapters (referenced with a letter: e.g. UG-A); and
                  •   Chapters containing the substantive content of the Module (referenced with a number: e.g. CA-1, CA-2, etc.)
                  October 2010

                • UG-2.2.4

                  The introductory Chapters summarise the purpose of the Module, its history (in terms of changes made to its contents) and, where relevant, lists previously issued circulars and regulations that were replaced by the Rulebook Module. A separate introductory Chapter also prescribes the scope of application of the Module's requirements.

                  October 2010

              • Sections and Paragraphs

                • UG-2.2.5

                  Chapters are further sub-divided into Sections: these extend the Chapter numbering (e.g. FC-1.1, FC-1.2, FC-1.3 etc). In turn, Sections are sub-divided into Paragraphs; these extend the Chapter and Section numbering (e.g. FC-1.1.1, FC-1.1.2, FC-1.1.3 etc.). Where appropriate, sub-Section headings may be used, to guide the reader through a Section; sub-Section headings are italicised and unnumbered, and act purely as an indicator (without limitation) as to the contents of the Paragraphs that follow.

                  October 2010

              • Table of Contents

                • UG-2.2.6

                  Each Volume's contents page lists all the Modules contained within it (Part A) and the information contained in the relevant appendix Volume (Part B).

                  October 2010

                • UG-2.2.7

                  The contents page of each Module lists the Chapters and Sections it contains, and the latest version date of each Section in issue.

                  October 2010

            • UG-2.3 UG-2.3 Format and Page Layout

              • Headers

                • UG-2.3.1

                  The top of each page in the Rulebook identifies the Volume, Common or Specific Module and Chapter in question. Each Module is a separate document. New Chapters start on a fresh page.

                  October 2010

              • Footers

                • UG-2.3.2

                  The bottom of each page in the Rulebook (on the left hand side) identifies the Module in question, its Section and page number. Page numbering starts afresh for each Section: the total number of pages in each Section is shown as well as the individual page number. The bottom right hand side shows an end-calendar quarter issue date. The contents page for each Module, and each Section in a Module, are each given their own issue date. In addition, the Module contents page lists the latest issue date for each Section in that Module. The contents page thus acts as a summary checklist of the current issue date in force for each Section. Further explanation is provided in Section UG-3.1 below.

                  October 2010

              • Defined terms

                • UG-2.3.3

                  Defined terms used in the Rulebook are underlined. Each Volume has its own glossary listing defined terms and giving their meaning. Definitions of terms used apply only to the Volume in question. It is possible for the same term to be used in a different Volume with a different meaning.

                  October 2010

              • Cross-references

                • UG-2.3.4

                  Any cross-references given in a text state the Module code, followed (where appropriate) by the numbering convention for any particular Chapter, Section or Paragraph being referred to. For example, the cross-reference FC-1.2.3 refers to the third Paragraph in the second Section of the first Chapter of the Financial Crime Module. Many references will be quite general, referring simply to a particular Module, Chapter or Section, rather than a specific Paragraph.

                  October 2010

              • Text format

                • UG-2.3.5

                  Each Paragraph is assigned a complete reference to the Module, Chapter, and Section, as well as its own Paragraph number, as explained in Paragraph UG-2.3.4 above. The format of the Paragraph reference and text indicates its status as either a Rule or Guidance, as explained in Paragraph UG-1.2.4 above.

                  October 2010

                • UG-2.3.6

                  When cross-referring to specific Paragraphs, and it is important to make clear the status of the Paragraph in question as a Rule or Guidance, then the words 'Rule' or 'Guidance' may be used instead of 'Paragraph', followed by the reference number (e.g. 'As required by Rule FC-1.1.1, licensees must...').

                  October 2010

          • UG-3 UG-3 Rulebook Maintenance and Access

            • UG-3.1 UG-3.1 Rulebook Maintenance

              • Quarterly Updates

                • UG-3.1.1

                  Any changes to the Rulebook are generally made on a quarterly cycle (the only exception being when changes are urgently required), in early January, April, July and October. When changes are made to a Module, the amended Sections are given a new version date, in the bottom right-hand page.

                  October 2010

                • UG-3.1.2

                  The contents page for each amended Module is also updated: the table of contents is changed to show the new version date for each amended Section (in the 'Date Last Changed' column), and the contents page itself is also given its own new version date in the bottom right-hand corner. The Module contents pages thus act as a checklist for hard-copy users to verify which are the current version dates for each Section in that Module.

                  October 2010

                • UG-3.1.3

                  A summary of any changes made to a Module is included in the Module History Section of each Module. The table summarises the nature of the change made, the date of the change, and the Module components and relevant pages affected. The Module History can thus be used to identify which pages were updated within individual Sections.

                  October 2010

                • UG-3.1.4

                  Hard-copy users of the CBB Rulebook can check that they have the latest copy of each Module's contents pages, by referring to the overall table of contents for each Volume. The Volume table of contents lists the date each Module was last changed; users can use this table to check the date showing in the bottom right-hand corner of each Module's contents page.

                  October 2010

                • UG-3.1.5

                  The website version of the Rulebook acts at all times as the definitive version of the Rulebook. Any changes are automatically posted to the CBB website, together with a summary of those changes. Licensees are in addition e-mailed every quarter, to notify them of any changes (if any). Hard-copy users are invited to print off the updated pages from the website to incorporate in their Rulebook in order to keep it current.

                  October 2010

              • Changes to Numbering

                • UG-3.1.6

                  In order to limit the knock-on impact of inserting or deleting text on the numbering of text that follows the change, the following conventions apply:

                  (a) Where a new Paragraph is to be included in a Section, such that it would impact the numbering of existing text that would follow it, the Paragraph retains the numbering of the existing Paragraph immediately preceding it, but with the addition of an "A"; a second inserted Paragraph that follows immediately afterwards would be numbered with a "B", and so on.

                  For example, if a new Paragraph needs to be inserted after UG-3.1.6, it would be numbered UG-3.1.6A; a second new Paragraph would be numbered UG-3.1.6B, and so on. This convention avoids the need for renumbering existing text that follows an insertion. The same principle is applied where a new Section or a new Chapter needs to be inserted: for example, UG-3.1A (for a new Section), and UG-3A (for a new Chapter)
                  (b) Where a Paragraph is deleted, then the numbering of the old Paragraph is retained, and the following inserted in square brackets: '[This Paragraph was deleted in April 2006.]' (The date given being the actual end-calendar quarter date of the deletion.) The same principle is applied with respect to Sections and Chapters.
                  October 2010

                • UG-3.1.7

                  Where many such changes have built up over time, then the CBB may reissue the whole Section, Paragraph, Chapter or even Module concerned, consolidating all these changes.

                  October 2010

            • UG-3.2 UG-3.2 Rulebook Access

              • Availability

                • UG-3.2.1

                  The Rulebook is available on the CBB website.

                  Amended: January 2013
                  October 2010

              • Queries

                • UG-3.2.2

                  Questions regarding the administration of the Rulebook (e.g. website availability, the updating of material etc) should be addressed to the Rulebook Section of the Regulatory Policy Unit:

                  Rulebook Section
                  Regulatory Policy Unit
                  Central Bank of Bahrain
                  P.O. Box 27
                  Manama
                  Kingdom of Bahrain

                  Tel: + 973 - 17 54 7413
                  E-mail: rulebook@cbb.gov.bh
                  Web: www.cbb.gov.bh

                  Questions regarding interpretation of the policy and requirements contained in the Rulebook should be addressed to the licensee's regular supervisory point of contact within the CBB.

                  Amended: April 2020
                  Amended: January 2013
                  Added: October 2010

          • CBB Rulebook Order Form [This form was deleted in January 2013]

            Deleted: January 2013

        • ES Executive Summary

      • High Level Standards

        • PB PB Principles of Business

          • PB-A PB-A Introduction

            • PB-A.1 PB-A.1 Purpose

              • Executive Summary

                • PB-A.1.1

                  The Principles of Business are a general statement of the fundamental obligations of all Central Bank of Bahrain ('CBB') specialised licensees and approved persons. They serve as a basis for other material in Volume 5 (Specialised Licensees), and help address specific circumstances not covered elsewhere in the Rulebook.

                  October 2010

                • PB-A.1.2

                  The Principles of Business have the status of Rules and apply alongside other Rules contained in Volume 5 (Specialised Licensees). However, these other Rules do not exhaust the fundamental obligations contained in the Principles. Compliance with all other Rules, therefore, does not necessarily guarantee compliance with the Principles of Business.

                  October 2010

              • Legal Basis

                • PB-A.1.3

                  This Module contains the CBB's Directive (as amended from time to time) relating to Principles of Business and is issued under the powers available to the CBB under Article 38 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). The Directive in this Module is applicable to all specialised licensees (including their approved persons) where applicable.

                  Amended: January 2011
                  October 2010

                • PB-A.1.4

                  For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

                  October 2010

            • PB-A.2 PB-A.2 Module History

              • Evolution of Module

                • PB-A.2.1

                  This Module was first issued in October 2010. Any material changes that are subsequently made to this Module are annotated with the calendar quarter date in which the change is made; Chapter UG-3 provides further details on Rulebook maintenance and version control.

                  October 2010

                • PB-A.2.2

                  A list of recent changes made to this Module is provided below:

                  Module Ref. Change Date Description of Changes
                  PB-A.1.3 01/2011 Clarified legal basis.
                       
                       
                       
                       

          • PB-B PB-B Scope of Application

            • PB-B.1 PB-B.1 Scope of Application

              • PB-B.1.1

                The 10 Principles of Business apply to all CBB specialised licensees, in accordance with Paragraph PB-B.1.2. Principles 1-8 also apply to all approved persons, in accordance with Paragraph PB-B.1.5.

                October 2010

              • PB-B.1.2

                These principles are addressed to all specialised licensees (where applicable).

                October 2010

              • PB-B.1.3

                Principles 1 to 10 apply to activities carried out by the specialised licensee, including activities carried out through overseas branches (if any).

                October 2010

              • PB-B.1.4

                The CBB expects specialised licensees to take into account any activities of other members of the group of which the specialised licensee is a member for Principles 9 and 10.

                October 2010

              • PB-B.1.5

                Principles 1 to 8 apply to approved persons in respect of the controlled function for which they have been approved.

                October 2010

              • PB-B.1.6

                Principles 1 to 8 do not apply to behaviour by an approved person with respect to any other functions or activities they may undertake. However, behaviour unconnected to their controlled function duties may nonetheless be relevant to an assessment of that person's fitness and propriety.

                October 2010

              • PB-B.1.7

                The CBB's requirements regarding approved persons and controlled functions are located in Module AU (Authorisation).

                October 2010

            • PB-B.2 PB-B.2 Non-compliance

              • PB-B.2.1

                Breaching a Principle of Business makes the specialised licensee or approved person concerned liable to enforcement action. In the case of a licensee, this may call into question whether they continue to meet the licensing conditions (see Chapter AU-2). In the case of an approved person, this may call into question whether they continue to meet the 'fit and proper' requirements for the function for which they have been approved (see Chapter AU-3).

                October 2010

              • PB-B.2.2

                Module EN (Enforcement) sets out the CBB's policy and procedures on enforcement action.

                October 2010

          • PB-1 PB-1 The Principles

            • Principle 1 – Integrity

              • PB-1.1.1

                Specialised licensees and approved persons must observe high standards of integrity and fair dealing. They must be honest and straightforward in their dealings with customers, and provide full disclosure of all relevant information to customers, as required by the CBB's Regulations and Directives.

                October 2010

            • Principle 2 – Conflicts of Interest

              • PB-1.1.2

                Specialised licensees and approved persons must take all reasonable steps to identify, and prevent or manage, conflicts of interest that could harm the interests of a customer.

                October 2010

            • Principle 3 – Due Skill, Care and Diligence

              • PB-1.1.3

                Specialised licensees and approved persons must act with due skill, care and diligence.

                October 2010

            • Principle 4 – Confidentiality

              • PB-1.1.4

                Specialised licensees and approved persons must observe in full any obligations of confidentiality, including with respect to customer information. This requirement does not over-ride lawful disclosures.

                October 2010

            • Principle 5 – Market Conduct

              • PB-1.1.5

                Specialised licensees and approved persons must observe proper standards of market conduct, and avoid action that would generally be viewed as improper.

                October 2010

            • Principle 6 – Customer Assets

              • PB-1.1.6

                Specialised licensees and approved persons must take reasonable care to safeguard the assets of customers for which they are responsible.

                October 2010

            • Principle 7 – Customer Interests

              • PB-1.1.7

                Specialised licensees and approved persons must pay due regard to the legitimate interests and information needs of their customers and communicate with them in a fair and transparent manner. Specialised licensees and approved persons, when dealing with customers who are entitled to rely on their advice or discretionary decisions, must take reasonable care to ensure the suitability of such advice or decisions.

                October 2010

            • Principle 8 – Relations with Regulators/Supervisors

              • PB-1.1.8

                Specialised licensees and approved persons must act in an open and co-operative manner with the CBB and other regulatory/supervisory bodies whose authority they come under. They must take reasonable care to ensure that their activities comply with all applicable laws and regulations.

                October 2010

            • Principle 9 – Adequate Resources

              • PB-1.1.9

                Specialised licensees must maintain adequate human, financial and other resources sufficient to run their business in an orderly manner.

                October 2010

            • Principle 10 – Management, Systems & Controls

              • PB-1.1.10

                Specialised licensees must take reasonable care to ensure that their affairs are managed effectively and responsibly, with appropriate systems and controls in relation to the size and complexity of their operations. Specialised licensees' systems and controls, as far as is reasonably practical, must be sufficient to manage the level of risk inherent in their business and ensure compliance with the CBB Rulebook.

                October 2010

        • AA AA Auditors and Accounting Standards

          • AA-A AA-A Introduction

            • AA-A.1 AA-A.1 Purpose

              • Executive Summary

                • AA-A.1.1

                  This Module presents requirements that have to be met by specialised licensees with respect to the appointment of external auditors. This Module also sets out certain obligations that external auditors have to comply with, as a condition of their appointment by specialised licensees.

                  October 2010

                • AA-A.1.2

                  This Module is issued under the powers given to the Central Bank of Bahrain ('CBB') under Decree No. (64) of 2006 with respect to promulgating the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). It supplements Article 61 of the CBB Law, which requires licensees to appoint an external auditor acceptable to the CBB.

                  October 2010

              • Legal Basis

                • AA-A.1.3

                  This Module contains the CBB's Directive (as amended from time to time) relating to auditors and accounting standards used by specialised licensees, and is issued under the powers available to the CBB under Article 38 of the CBB Law. The Directive in this Module is applicable to all specialised licensees (where applicable).

                  Amended: January 2011
                  October 2010

                • AA-A.1.4

                  For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

                  October 2010

            • AA-A.2 AA-A.2 Module History

              • Evolution of Module

                • AA-A.2.1

                  This Module was first issued in October 2010. Any material changes that are subsequently made to this Module are annotated with the calendar quarter date in which the change is made; Chapter UG-3 provides further details on Rulebook maintenance and version control.

                  October 2010

                • AA-A.2.2

                  A list of recent changes made to this Module is provided below:

                  Module Ref. Change Date Description of Changes
                  AA-A.1.3 01/2011 Clarified legal basis.
                  AA-3.1.1 07/2011 Excluded money changers and administrators from Paragraph AA-3.1.1.
                  AA-5 04/2012 Chapter amended and content moved to Section BR-3.5 for money changers and administrators (or Module GR for rep offices) and retitled as Role of External Auditor as Appointed Expert.
                  AA-1.3.2 10/2012 Guidance Paragraph deleted as five year period varies depending on type of specialised licensee and when license was granted.
                  AA-1.5.4 and AA-1.5.5 10/2012 Clarified guidance by indicating what Law is being referred to.
                  AA-3.3 10/2012 Section deleted as report can now also be completed by approved consultancy from as per Section FC-4.3.
                  AA-3.2.2 and AA-3.2.3 04/2014 Added specific auditor reports applicable to financing companies.
                  AA-3.1 10/2016 Deleted Section on Review of QPR

          • AA-B AA-B Scope of Application

            • AA-B.1 AA-B.1 Specialised Licensees

              • AA-B.1.1

                The contents of this Module – unless otherwise stated – apply to all specialised licensees. Representative Offices are exempted from this Module.

                October 2010

              • AA-B.1.2

                The contents of this Module apply to both Bahraini specialised licensees and overseas specialised licensees.

                October 2010

            • AA-B.2 AA-B.2 Auditors

              • AA-B.2.1

                Certain requirements in this Module indirectly extend to auditors, by virtue of their appointment by specialised licensees. Auditors appointed by specialised licensees must be independent (cf. Sections AA-1.4 and AA-1.5). Auditors who resign or are otherwise removed from office are required to inform the CBB in writing of the reasons for the termination of their appointment (cf. Sections AA-1.2). Other requirements are contained in Sections AA-1.3 (Audit partner rotation) and AA-3.1 (Auditor reports).

                October 2010

          • AA-1 AA-1 Auditor Requirements

            • AA-1.1 AA-1.1 Appointment of Auditors

              • AA-1.1.1

                Specialised licensees must obtain prior written approval from the CBB before appointing or re-appointing their auditor.

                October 2010

              • AA-1.1.2

                As the appointment of auditors normally takes place during the course of the firm's annual general meeting, specialised licensees should notify the CBB of the proposed agenda for the annual general meeting in advance of it being circulated to shareholders. The CBB's approval of the proposed auditors does not limit in any way shareholders' rights to subsequently reject the Board's choice.

                October 2010

              • AA-1.1.3

                The CBB, in considering the proposed (re-) appointment of an auditor, takes into account the expertise, resources and reputation of the audit firm, relative to the size and complexity of the licensee. The CBB will also take into account the track record of the audit firm in auditing specialised licensees within Bahrain; the degree to which it has generally demonstrated independence from management in its audits; and the extent to which it has identified and alerted relevant persons of significant matters. Finally, the CBB will also consider the audit firm's compliance with applicable laws and regulations (including legislative Decree No. 26 of 1996; the Ministry of Industry and Commerce's Ministerial Resolution No. 6 of 1998; and relevant Bahrain Stock Exchange regulations).

                October 2010

              • AA-1.1.4

                In the case of overseas specialised licensees, the CBB will also take into account who act as the auditors of the parent firm. As a general rule, the CBB does not favour different parts of a specialised licensee group having different auditors.

                October 2010

            • AA-1.2 AA-1.2 Removal or Resignation of Auditors

              • AA-1.2.1

                Specialised licensees must notify the CBB as soon as they intend to remove their external auditor, with an explanation of their decision, or as soon as their auditor resign.

                October 2010

              • AA-1.2.2

                Specialised licensees must ensure that a replacement auditor is appointed (subject to CBB approval as per Section AA-1.1), as soon as reasonably practicable after a vacancy occurs, but no later than three months.

                October 2010

              • AA-1.2.3

                The external auditor of specialised licensees must inform the CBB in writing, should it resign or its appointment as auditor be terminated, within 30 calendar days, of the event occurring, setting out the reasons for the resignation or termination.

                October 2010

            • AA-1.3 AA-1.3 Audit Partner Rotation

              • AA-1.3.1

                Unless otherwise exempted by the CBB, specialised licensees must ensure that the audit partner responsible for their audit does not undertake that function more than five years in succession.

                October 2010

              • AA-1.3.2

                [This Paragraph was deleted in October 2012].

                Deleted: October 2012

              • AA-1.3.3

                Specialised licensees must notify the CBB of any change in audit partner.

                October 2010

            • AA-1.4 AA-1.4 Auditor Independence

              • AA-1.4.1

                Article 61(d) of the CBB Law imposes conditions for the auditor to be considered independent. Before a specialised licensee appoints an auditor, it must take reasonable steps to ensure that the auditor has the required skill, resources and experience to carry out the audit properly, and is independent of the licensee.

                October 2010

              • AA-1.4.2

                For an auditor to be considered independent, it must, among things, comply with the restrictions in Section AA-1.5.

                October 2010

              • AA-1.4.3

                If a specialised licensee becomes aware at any time that its auditor is not independent, it must take reasonable steps to remedy the matter and notify the CBB of the fact.

                October 2010

              • AA-1.4.4

                If in the opinion of the CBB, independence has not been achieved within a reasonable timeframe, then the CBB may require the appointment of a new auditor.

                October 2010

            • AA-1.5 AA-1.5 Licensee/Auditor Restrictions

              • Financial Transactions with Auditors

                • AA-1.5.1

                  Specialised licensees must not provide regulated services to their auditor.

                  October 2010

              • Outsourcing to Auditors

                • AA-1.5.2

                  Specialised licensees may not outsource their internal audit function to the same firm that acts as their (external) auditor.

                  October 2010

              • Other Relationships

                • AA-1.5.3

                  Specialised licensees and their auditor must comply with the restrictions contained in Article 217 (c) of the Commercial Companies Law (Legislative Decree No. (21) of 2001), as well as in Article 61(d) of the CBB Law.

                  October 2010

                • AA-1.5.4

                  Article 217(c) of the Commercial Companies Law prohibits an auditor from (i) being the chairman or a member of the Board of Directors of the licensee he/she audits; (ii) holding any managerial position in the licensee he/she audits; and (iii) acquiring any shares in the licensee he/she audits, or selling any such shares he/she may already own, during the period of his audit. Furthermore, the auditor must not be a relative (up to the second degree) of a person assuming management or accounting duties in the licensee.

                  Amended: October 2012
                  October 2010

                • AA-1.5.5

                  Article 61(d) of the CBB Law prohibits an auditor from (i) being the chairman or a member of the Board of Directors of the licensee he/she audits; (ii) acting as a managing director, agent or representative of the licensee concerned; and (iii) taking up any administrative work in the licensee, or supervising its accounts, or having a next of kin in such a position.

                  Amended: October 2012
                  October 2010

                • AA-1.5.6

                  The restriction in Paragraph AA-1.5.4 applies to overseas specialised licensees as well as Bahraini specialised licensees.

                  October 2010

                • AA-1.5.7

                  A partner, Director or manager on the engagement team of auditing a specialised licensee may not serve on the Board or in a controlled function of the licensee, for two years following the end of their involvement in the audit, without prior authorisation of the CBB.

                  October 2010

                • AA-1.5.8

                  Chapter AU-1.2 sets out the CBB's "controlled functions" requirements.

                  October 2010

              • Definition of 'Auditor'

                • AA-1.5.9

                  For the purposes of Section AA-1.5, 'auditor' means the partners, Directors and managers on the engagement team responsible for the audit of the specialised licensee.

                  October 2010

          • AA-2 AA-2 Access

            • AA-2.1 AA-2.1 CBB Access to Auditors

              • AA-2.1.1

                Specialised licensees must waive any duty of confidentiality on the part of their auditor, such that their auditor may report to the CBB any concerns held regarding material failures by the specialised licensee to comply with CBB requirements.

                October 2010

              • AA-2.1.2

                The CBB may, as part of its on-going supervision of specialised licensees, request meetings with a licensee's auditor. If necessary, the CBB may direct that the meeting be held without the presence of the licensee's management or Directors.

                October 2010

            • AA-2.2 AA-2.2 Auditor Access to Outsourcing Providers

              • AA-2.2.1

                Outsourcing agreements between specialised licensees and outsourcing providers must ensure that the licensee's internal and external auditors have timely access to any relevant information they may require to fulfil their responsibilities. Such access must allow them to conduct on-site examinations of the outsourcing provider, if required.

                October 2010

              • AA-2.2.2

                Further Rules and Guidance on outsourcing are contained in Module RM (Risk Management).

                October 2010

          • AA-3 AA-3 Auditor Reports

            • AA-3.1 AA-3.1 This Section was deleted in October 2016.

              Deleted: October 2016

              • AA-3.1.1

                [This paragraph was deleted in October 2016]

                Deleted: October 2016
                Amended: July 2011
                October 2010

              • AA-3.1.2

                [This paragraph was deleted in October 2016]

                Deleted: October 2016
                October 2010

            • AA-3.2 AA-3.2 Review of Financial Disclosures

              • AA-3.2.1

                Specialised licensees that are required to publish financial disclosures in accordance with Module PD must arrange for their external auditor to review these prior to their publication, unless otherwise exempted in writing by the CBB.

                Amended: April 2014
                October 2010

              • AA-3.2.2

                Financing companies must arrange for their external auditor to review the annual disclosures required in Module PD, Section PD-1.3 and Chapter PD-4, prior to their submission to the CBB or their publication. This review must be in the form of an agreed-upon procedures report (see also PD-A.2.4). The report must be submitted to the CBB within 3 months of the year end of the concerned financing company (see also Paragraph BR-1.1.2).

                Added: April 2014

              • AA-3.2.3

                Financing companies must arrange for their external auditor to review the disclosures in the half-yearly financial statements required by Module PD, Paragraph PD-2.1.6 prior to their submission to the CBB or their publication. This review must be in the form of an agreed-upon procedure report. This report must be submitted to the CBB within two months of the end of the half year reporting period of the concerned financing company (see also Section BR-1.2.4).

                Added: April 2014

            • AA-3.3 AA-3.3 Report on Compliance with Financial Crime Rules [This Section was deleted in October 2012]

              • AA-3.3.1

                [This Paragraph was deleted in October 2012].

                Deleted: October 2012

              • AA-3.3.2

                [This Paragraph was deleted in October 2012].

                Deleted: October 2012

              • AA-3.3.3

                [This Paragraph was deleted in October 2012].

                Deleted: October 2012

          • AA-4 AA-4 Accounting Standards

            • AA-4.1 AA-4.1 General Requirements

              • AA-4.1.1

                Specialised licensees must comply with International Financial Reporting Standards / International Accounting Standards and, to the extent that they undertake Shari'a compliant activities, relevant standards issued by the Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI).

                October 2010

              • AA-4.1.2

                Overseas specialised licensees that do not, at the parent licensee level, apply IFRS/IAS are still required under Paragraph AA-4.1.1 to produce pro-forma accounts for the Bahrain branch in conformity with these standards. Where this requirement is difficult to implement, the Bahraini specialised licensee should contact the CBB in order to agree to a solution.

                October 2010

              • AA-4.1.3

                Paragraph AA-4.1.1 requires specialised licensees that operate exclusively on a Shari'a compliant basis to apply relevant AAOIFI Financial Accounting Standards, depending on the type of Islamic finance contracts entered into. Specialised licensees that undertake both conventional finance and Shari'a compliant transactions are required by Paragraph AA-4.1.1 to apply AAOIFI Financial Accounting Standard 18, "Islamic Financial Services Offered by Conventional Financial Institutions".

                October 2010

          • AA-5 AA-5 Role of External Auditor as Appointed Expert

            • AA-5.1 AA-5.1 General Requirements

              • AA-5.1.1

                In accordance with Articles 114 and 121 of the CBB Law, the CBB may appoint appointed experts to undertake on-site examinations or report by way of investigations on specific aspects of a licensee's business. External auditors may be called upon to be appointed experts and should be aware of their role in that capacity by referring to Section BR-3.5 for money changers and administrators or Module GR for representative office licensees.

                [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

                Amended: April 2012
                October 2010

              • AA-5.1.2

                The purpose of the contents of this chapter is to set out the roles and responsibilities of Appointed Experts when appointed pursuant to Article 114 or 121 of the CBB Law (see EN-7.1.1). These Articles empower the CBB to assign some of its officials or others to inspect or conduct investigations of licensees.

                October 2010

              • AA-5.1.3

                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 reports on matters relating to the business of licensees in order to help it assess their compliance with CBB requirements. Inspections may be carried out either by the CBB's own officials, by duly qualified "Appointed Experts" appointed for the purpose by the CBB, or a combination of the two.

                October 2010

              • AA-5.1.4

                Specialised licensees must provide all relevant information and assistance to the CBB inspectors and Appointed Experts on demand as required by Articles 111 and 114 of the CBB Law. 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 Module EN. This rule is supported by Article 114(a) of the CBB Law.

                October 2010

              • AA-5.1.5

                Article 163 of the CBB Law provides for criminal sanctions where false or misleading statements are made to the CBB or any person /Appointed Expert appointed by the CBB to conduct an inspection or investigation on the business of the licensee or the listed licensee.

                October 2010

              • AA-5.1.6

                The CBB will not, as a matter of general policy, publicise the appointment of an Appointed Expert, although it reserves the right to do so where this would help achieve its supervisory objectives. Both the Appointed Expert and the CBB are bound to confidentiality provisions restricting the disclosure of confidential information with regards to any such information obtained in the course of the investigation.

                October 2010

              • AA-5.1.7

                Unless the CBB otherwise permits, Appointed Experts should not be the same firm appointed as external auditor of the specialised licensee.

                October 2010

              • AA-5.1.8

                Appointed Experts will be appointed in writing, through an appointment letter, by the CBB. In each case, the CBB will decide on the range, scope and frequency of work to be carried out by Appointed Experts.

                October 2010

              • AA-5.1.9

                Appointed Experts will report directly to and be responsible to the CBB in this context and will specify in their report any limitations placed on them in completing their work (for example due to the relevant specialised licensees' group structure). The report produced by the Appointed Experts is the property of the CBB (but is usually shared by the CBB with the firm concerned).

                October 2010

              • AA-5.1.10

                Compliance by Appointed Experts with the contents of this Chapter will not, of itself, constitute a breach of any other duty owed by them to a particular specialised licensee (i.e. create a conflict of interest).

                October 2010

              • AA-5.1.11

                The CBB may appoint one or more of its officials to work on the Appointed Experts' team for a particular specialised licensee.

                October 2010

            • AA-5.2 AA-5.2 The Required Report

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • AA-5.2.1

                Commissioned Appointed Experts would normally be required to report on one or more of the following aspects of a specialised licensee's business:

                (a) Accounting and other records;
                (b) Internal control systems;
                (c) Returns of information provided to the CBB;
                (d) Operations of certain departments; and/or
                (e) Other matters specified by the CBB.
                October 2010

              • AA-5.2.2

                Appointed Experts will be required to form an opinion on whether, during the period examined, the specialised licensee is in compliance with the relevant provisions of the CBB Law and the CBB's relevant requirements, as well as other requirements of Bahrain Law and, where relevant, industry best practice locally and/or internationally.

                October 2010

              • AA-5.2.3

                The Appointed Experts' report should follow the format set out in Appendix AA-1, in part B of the CBB Rulebook.

                October 2010

              • AA-5.2.4

                Unless otherwise directed by the CBB or unless the circumstances described in Section AA-5.3 apply, the report must be discussed with the Board of directors and/or senior management in advance of its being sent to the CBB.

                October 2010

              • AA-5.2.5

                Where the report is qualified by exception, the report must clearly set out the risks which the specialised licensee runs by not correcting the weakness, with an indication of the severity of the weakness should it not be corrected. Appointed Experts will be expected to report on the type, nature and extent of any weaknesses found during their work, as well as the implications of a failure to address and resolve such weaknesses.

                October 2010

              • AA-5.2.6

                If the Appointed Experts conclude, after discussing the matter with the specialised licensee, that they will give a negative opinion (as opposed to one qualified by exception) or that the issue of the report will be delayed, they must immediately inform the CBB in writing giving an explanation in this regard.

                October 2010

              • AA-5.2.7

                The report must be completed, dated and submitted, together with any comments by directors or management (including any proposed timeframe within which the specialised licensee has committed to resolving any issues highlighted by the report), to the CBB within the timeframe applicable.

                October 2010

            • AA-5.3 AA-5.3 Other Notifications to the CBB

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • AA-5.3.1

                Appointed Experts must communicate to the CBB, during the conduct of their duties, any reasonable belief or concern they may have that any of the requirements of the CBB, including the criteria for licensing a specialised licensee (see Module AU), are not or have not been fulfilled, or that there has been a material loss or there exists a significant risk of material loss in the concerned specialised licensee, or that the interests of customers are at risk because of adverse changes in the financial position or in the management or other resources of a specialised licensee. Notwithstanding the above, it is primarily the specialised licensee's responsibility to report such matters to the CBB.

                October 2010

              • AA-5.3.2

                The CBB recognises that Appointed Experts cannot be expected to be aware of all circumstances which, had they known of them, would have led them to make a communication to the CBB as outlined above. It is only when Appointed Experts, in carrying out their duties, become aware of such a circumstance that they should make detailed inquiries with the above specific duty in mind.

                October 2010

              • AA-5.3.3

                If Appointed Experts decide to communicate directly with the CBB in the circumstances set out in Paragraph AA-5.3.1 above, they may wish to consider whether the matter should be reported at an appropriate senior level in the specialised licensee at the same time and whether an appropriate senior representative of the specialised licensee should be invited to attend the meeting with the CBB.

                October 2010

            • AA-5.4 AA-5.4 Permitted Disclosure by the CBB

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • AA-5.4.1

                Information which is confidential and has been obtained under, or for the purposes of, this chapter or the CBB Law may only be disclosed by the CBB in the circumstances permitted under the Law. This will allow the CBB to disclose information to Appointed Experts to fulfil their duties. It should be noted, however, that Appointed Experts must keep this information confidential and not divulge it to a third party except with the CBB's permission and/or unless required by Bahrain Law.

                October 2010

            • AA-5.5 AA-5.5 Trilateral Meeting

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • AA-5.5.1

                The CBB may, at its discretion, call for a trilateral meeting(s) to be held between the CBB and representatives of the relevant specialised licensee and the Appointed Experts. This meeting will provide an opportunity to discuss the Appointed Experts' examination of, and report on, the specialised licensee.

                October 2010

      • Business Standards

        • FC FC Financial Crime

          • FC-A FC-A Introduction

            • FC-A.1 FC-A.1 Purpose

              • Executive Summary

                • FC-A.1.1

                  This Module applies, to all specialised licensees, a comprehensive framework of Rules and Guidance aimed at combating money laundering and terrorist financing. In so doing, it helps implement the 40 Recommendations on money laundering and 9 Special Recommendations on terrorist financing, issued by the Financial Action Task Force (FATF), that are relevant to specialised licensees. (Further information on these can be found in Chapter FC-10.) The Module also contains measures relating to the combating of fraud.

                  October 2010

                • FC-A.1.2

                  The Module requires specialised licensees to have effective anti-money laundering ('AML') policies and procedures, in addition to measures for combating the financing of terrorism ('CFT'). The Module contains detailed requirements relating to customer due diligence, reporting and the role and duties of the Money Laundering Reporting Officer (MLRO). Furthermore, examples of suspicious activity are provided, to assist licensees monitor transactions and fulfill their reporting obligations under Bahrain law.

                  October 2010

                • FC-A.1.3

                  This Module also covers measures in place to combat fraud. Chapter FC-11 sets out basic requirements regarding measures to deter, detect and report instances of fraud and attempted fraud.

                  October 2010

              • Legal Basis

                • FC-A.1.4

                  This Module contains the Central Bank of Bahrain's ('CBB') Directive (as amended from time to time) regarding the combating money laundering and terrorism financing and is issued under the powers available to the CBB under Article 38 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). The Directive in this Module is applicable to all specialised licensees.

                  Amended: January 2022
                  Amended: January 2011
                  October 2010

                • FC-A.1.5

                  For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

                  October 2010

            • FC-A.2 FC-A.2 Module History

              • Evolution of Module

                • FC-A.2.1

                  This Module was first issued in October 2010. Any material changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the change was made: Chapter UG-3 provides further details on Rulebook maintenance and version control.

                  October 2010

                • FC-A.2.2

                  A list of recent changes made to this Module is detailed in the table below:

                  Module Ref.Change DateDescription of Changes
                  FC-A.1.401/2011Clarified legal basis.
                  FC-B.1.107/2011Exempted administrators from specific sections of this Module.
                  FC-4.1.704/2012Clarified requirements for MLRO.
                  FC-4.304/2012Amended Section to allow for CBB-approved consultancy firm to do required sample testing and report under Paragraph FC-4.3.1.
                  FC-B.1.110/2012Amended the scope of application to have a limited scope for ancillary services providers and to expand the role of the general managers for those licensees allowed to follow only certain Chapters of Module FC.
                  FC-1.2.3(b)01/2013Clarified location of guidance under Part B Supplementary Information Appendix FC-(v).
                  FC-1.2.11(f) and FC-1.2.11A04/2013Provided additional details when dealing with employee benefit trusts and occupational savings schemes.
                  FC-1.10.104/2013Updated language to refer to licensed exchange.
                  FC-2.2.3A04/2013Guidance Paragraph added for trust service providers on automatic transaction monitoring.
                  FC-7.1.404/2013Reference made to the use of electronic records.
                  FC-5.2.310/2014Updated method of submitting STRs.
                  FC-5.310/2014Updated relevant authorities information.
                  FC-1.2.807/2016Change made for consistency across CBB Rulebook.
                  FC-1.5.407/2016Definition of PEPs is already included in Glossary so this guidance paragraph was deleted.
                  FC-5.2.307/2016Updated instructions for STR.
                  FC-1.2.9A01/2017Added guidance paragraph on CR printing
                  FC-8.2.1AA04/2017Added new Paragraph on Implementing and complying with the United Nations Security Council resolutions requirement.
                  FC-1.1.2A and FC-1.1.2B10/2017Added new paragraphs on CDD requirements.
                  FC-1.2.710/2017Amended paragraph.
                  FC-1.2.8A10/2017Added new paragraph on legal entities or legal arrangements CDD.
                  FC-2.2.10 – FC- 2.2.1110/2017Amended paragraphs on On-going CDD and Transaction Monitoring.
                  FC-4.1.4A10/2017Added paragraph on combining the MLRO or DMLRO position with any other position within the licensee.
                  FC-B.2.401/2018Added new paragraph on implementation of groupwide programmes against money laundering and terrorist financing.
                  FC-1.7.101/2018Amended paragraph.
                  FC-1.10.101/2018Deleted paragraph.
                  FC-5.2.601/2018Amended paragraph.
                  FC-8.1.301/2018Added new paragraph on due diligence measures (FATF).
                  FC-8.1.401/2018Added new guidance paragraph.
                  FC-8.2.201/2018Deleted paragraph.
                  FC-1.1.207/2018Deleted sub-paragraph (a).
                  FC-1.907/2018Amended Section title deleting the threshold.
                  FC-1.9.207/2018Amended Paragraph deleting the threshold.
                  FC-1.10.107/2018Deleted sub-paragraph (a).
                  FC-1.10.307/2018Deleted Paragraph.
                  FC-1.10.807/2018Deleted Paragraph.
                  FC-1.10.101/2019Amended reference.
                  FC-B.1.110/2019Amended Paragraph on scope of application.
                  FC-1.6.410/2019Amended Paragraph on societies and clubs fund transfers.
                  FC-1.8.210/2019Amended authority name.
                  FC-4.1.810/2019Amended authority name.
                  FC-4.2.110/2019Amended authority name.
                  FC-5.2.310/2019Amended authority name.
                  FC-5.3.210/2019Amended authority address.
                  FC-8.2.1AA10/2019Amended Paragraph on terrorist financing.
                  FC-1.1.101/2020Amended Paragraph on procedures approval.
                  FC-1.2.101/2020Added a new Sub-paragraph.
                  FC-4.3.501/2020Amended Paragraph on report submission date.
                  FC-4.3.701/2020Amended Paragraph references.
                  FC-2.1.3 & FC-2.1.404/2020Added new Paragraphs on KPIs compliance with AML/CFT requirements.
                  FC-1.1.5A01/2021Added a new Paragraph on onboarding of customers by financing companies.
                  FC-1.1.5B01/2021Added a new Paragraph on enhanced due diligence for high risk profiles.
                  FC-3.1.501/2021Added a new Paragraph on rejecting payment transactions.
                  FC-6.1.6A01/2021Added a new Paragraph on requirements to hire new employees.
                  FC-6.1.6A07/2021Amended Paragraph on requirements to hire new employees.
                  FC-A.1.401/2022Amended Paragraph to replace financial crime with money laundering and terrorism financing.
                  FC-B.1.101/2022Amended Paragraph by adding reference to Section FC-C.
                  FC-C01/2022New chapter on risk-based approach (RBA).
                  FC-1.101/2022Amended Section to introduce additional rules for non-resident customers, amendments to customers onboarded prior to full completion of customer due diligence, digital onboarding etc.
                  FC-1.201/2022Amended Section to include E-KYC and electronic documents law requirements.
                  FC-1.3.201/2022Added new guidance on enhanced due diligence requirements for customers identified as having higher risk profile.
                  FC-1.401/2022Amended Section to introduce detailed requirements for digital onboarding and related requirements.
                  FC-1.5.201/2022Amended Paragraph on onboarding non-Bahraini PEPs using digital ID applications.
                  FC-1.10.7A01/2022Added a new Paragraph on not applying simplified CDD in situations where the licensee has identified high ML/TF/PF risks.
                  FC-2.1.501/2022Added a new Paragraph on including remitting agents in programmes for monitoring.
                  FC-2.2.501/2022Amended Paragraph.
                  FC-3.1.6 – FC-3.1.801/2022Added new Paragraphs on Originating Financial Institutions.
                  FC-3.1.9 – FC-3.1.1201/2022Added new Paragraphs on Intermediary Financial Institution/Bank.
                  FC-3.1.13 - FC-3.1.1501/2022New Paragraphs on Beneficiary Financial Institutions.
                  FC-4.3.101/2022Amended Paragraph.
                  FC-4.3.201/2022Amended Paragraph.
                  FC-4.3.501/2022Amended Paragraph.
                  FC-4.3.601/2022Deleted Paragraph.
                  FC-4.3.701/2022Deleted Paragraph.
                  FC-6.1.6A01/2022Deleted Paragraph.
                  FC-C.2.301/2023Minor amendment to Paragraph.
                  FC-8.2.4(c)01/2023Added a new Sub-paragraph on reporting any frozen assets or actions taken.
                  FC-1.1.5A10/2023Deleted Paragraph.
                  FC-1.1.13A10/2023Amended Sub-Paragraph on the enhanced diligence for the non-resident accounts.
                  FC-1.1.13E10/2023Deleted Paragraph.
                  FC-1.1.13I10/2023Deleted Paragraph.
                  FC-1.1.1410/2023Added a new Paragraph on CDD and Customer onboarding requirements.
                  FC-1.1110/2023Added a new Section on reliance on third parties for customer due diligence.
                  FC-1.2.101/2024Amended Paragraph on customer due diligence.

              • Superseded Requirements

                • FC-A.2.3

                  Prior to the introduction of this Module, the CBB (BMA then) had issued various regulatory instruments containing requirements covering different aspects of financial crime. These requirements were consolidated and updated into a comprehensive financial crime regulation, issued in January 2006 to all non-bank and non-insurance licensees. In turn, this new consolidated regulation was transposed, with no major changes, into the initial version of this Module. This Regulation and other instruments listed below replaced by this Module are listed below:

                  Document Ref. Date of Issue Module Ref. Document Subject
                  BC/17/97 10 Nov 1997 FC B-1 Money Laundering
                  OG/308/89 14 Oct 1989 FC B-1 Money Laundering
                  EDBC/6/01 14 Oct 2001 FC 1, FC 4 – FC
                  7
                  Re: Money Laundering Regulation
                  BC/1/02 27 Jan 2002 FC 3 FATF Special Recommendations on Terrorism Financing
                  BC/3/00 5 Mar 2000 FC 1.5 Re: Accounts for Charity Organisations
                  EDFIS/136/2005 19 June 2005   New draft Financial Crime Regulation and Guidance
                  FIS/C/001/2006 2 Jan 2006 FC-A to FC-10 New Financial Crime Regulation.
                         
                  October 2010

          • FC-B FC-B Scope of Application

            • FC-B.1 FC-B.1 Scope of Application

              • FC-B.1.1

                This Module applies to all specialised licensees including branches of licensees incorporated outside of Bahrain, and Bahrain-incorporated subsidiaries of overseas groups. Certain parts of this Module may not be relevant to some licensees' business. Some transactions may not involve the opening of account relationships, however whenever a transaction takes place with another party or the licensee acts as an introducer or intermediary in a transaction or business relationship, then this Module becomes effective. Representative office licensees, administrators and ancillary services providers, except ancillary service providers carrying out the activities of payment service provider, crowdfunding platform operator and payment initiation service provider, are exempted from: FC-C, FC-2, FC-3, FC-4 and FC-6 because of the limited nature of their business; however, for these licensees, the Chief Executive Officer/General Manager of the licensee is responsible to comply with the remaining Chapters of Module FC. The scope provided for simplified customer due diligence requirements – as set out in Section FC-1.10 – will reduce the burden of customer due diligence for a number of specialised licensees.

                Amended: January 2022
                Amended: October 2019
                Amended: October 2012
                Amended: July 2011
                October 2010

              • FC-B.1.2

                The requirements of this Module are in addition to and supplement Decree Law No. (4) of 2001 with respect to the prevention and prohibition of the laundering of money; this Law was subsequently updated, with the issuance of Decree Law No. 54 of 2006 with respect to amending certain provisions of Decree No. 4 of 2001 (collectively, 'the AML Law'). The AML Law imposes obligations on persons generally in relation to the prevention of money laundering and the combating of the financing of terrorism, to all persons resident in Bahrain. All specialised licensees are therefore under the statutory obligations of that Law, in addition to the more specific requirements contained in this Module. Nothing in this Module is intended to restrict the application of the AML Law (a copy of which is contained in Part B of Volume 5 (Specialised licensees), under 'Supplementary Information'). Also included in Part B is a copy of Decree Law No. 58 of 2006 with respect to the protection of society from terrorism activities ('the anti-terrorism law).

                October 2010

            • FC-B.2 FC-B.2 Overseas Subsidiaries and Branches

              • FC-B.2.1

                Licensees must apply the requirements in this Module to all their branches and subsidiaries operating both in the Kingdom of Bahrain and in foreign jurisdictions. Where local standards differ, the higher standard must be followed. Licensees must pay particular attention to procedures in branches or subsidiaries in countries that do not or insufficiently apply the FATF Recommendations and Special Recommendations.

                October 2010

              • FC-B.2.2

                Where another jurisdiction's laws or regulations prevent a licensee (or any of its foreign branches or subsidiaries) from applying the same standards contained in this Module or higher, the licensee must immediately inform the CBB in writing.

                October 2010

              • FC-B.2.3

                In such instances, the CBB will review alternatives with the licensee. Should the CBB and the licensee be unable to reach agreement on the satisfactory implementation of this Module in a foreign subsidiary or branch, the licensee may be required by the CBB to cease the operations of the subsidiary or branch in the foreign jurisdiction in question.

                October 2010

              • FC-B.2.4

                Financial groups (e.g. a licensee with its subsidiaries) must implement groupwide programmes against money laundering and terrorist financing, including policies and procedures for sharing information within the group for AML/CFT purposes, which must also be applicable, and appropriate to, all branches and subsidiaries of the financial group. These must include:

                (a) The development of internal policies, procedures and controls, including appropriate compliance management arrangements, and adequate screening procedures to ensure high standards when hiring employees;
                (b) An ongoing employee training programme;
                (c) An independent audit function to test the system;
                (d) Policies and procedures for sharing information required for the purposes of CDD and money laundering and terrorist financing risk management;
                (e) The provision at group-level compliance, audit, and/or AML/CFT functions of customer, account and transaction information from branches and subsidiaries when necessary for AML/CFT purposes; and
                (f) Adequate safeguards on the confidentiality and use of information exchanged.
                Added: January 2018

          • FC-C FC-C Risk Based Approach

            • FC-C.1 FC-C.1 Risk Based Approach

              • FC-C.1.1

                Licensees must implement Risk Based Approach (RBA) in establishing an AML/CFT/CPF program and conduct ML/TF/PF risk assessments prior to and during the establishment of a business relationship and, on an ongoing basis, throughout the course of its relationship with the customer. The licensee must establish and implement policies, procedures, tools and systems commensurate with the size, nature and complexity of its business operations to support its RBA.

                Added: January 2022

              • FC-C.1.2

                Licensees must perform enhanced measures where higher ML/TF/PF risks are identified to effectively manage and mitigate those higher risks.

                Added: January 2022

              • FC-C.1.3

                Licensees must maintain and regularly review and update the documented risk assessment. The risk management and mitigation measures implemented by a licensee must be commensurate with the identified ML/TF/PF risks.

                Added: January 2022

              • FC-C.1.4

                A Licensees must allocate adequate financial, human and technical resources and expertise to effectively implement and take appropriate preventive measures to mitigate ML/TF/PF risks.

                Added: January 2022

            • FC-C.2 FC-C.2 Risk Assessment

              • FC-C.2.1

                A Licensee must ensure that it takes measures to identify, assess, monitor, manage and mitigate ML/TF/PF risks to which it is exposed and that the measures taken are commensurate with the nature, scale and complexities of its activities. The risk assessment must enable the licensee to understand how, and to what extent, it is vulnerable to ML/TF/PF.

                Added: January 2022

              • FC-C.2.2

                In the context of the risk assessment, “proliferation financing risk” refers to the potential breach, non-implementation or evasion of the targeted financial sanctions obligations referred to in FATF Recommendation 7.

                Added: January 2022

              • FC-C.2.3

                The risk assessment must be properly documented, regularly updated and communicated to the licensee’s senior management. Licensees must have in place policies, controls and procedures, which are approved by senior management, to enable them to manage and mitigate the risks that have been identified. In conducting its risk assessments, the licensee must consider quantitative and qualitative information obtained from the relevant internal and external sources to identify, manage and mitigate these risks. This must include consideration of the risk and threat assessments using, national risk assessments, sectorial risk assessments, crime statistics, typologies, risk indicators, red flags, guidance and advisories issued by inter-governmental organisations, national competent authorities and the FATF, and AML/CFT/CPF mutual evaluation and follow-up reports by the FATF or associated assessment bodies.

                Amended: January 2023
                Added: January 2022

              • FC-C.2.4

                Licensees must assess country/geographic risk, customer risk, product/ service/transactions risk and distribution channel risk taking into consideration the appropriate factors in identifying and assessing the ML/TF/PF risks, including the following:

                (a) The nature, scale, diversity and complexity of its business, products and target markets;
                (b) Products, services and transactions that inherently provide more anonymity, ability to pool underlying customers/funds, cash-based, face-to-face, non face-to-face, domestic or cross-border;
                (c) The volume and size of its transactions, nature of activity and the profile of its customers;
                (d) The proportion of customers identified as high risk;
                (e) Its target markets and the jurisdictions it is exposed to, either through its own activities or the activities of customers, especially jurisdictions with relatively higher levels of corruption or organised crime, and/or deficient AML/CFT/CPF controls and listed by FATF;
                (f) The complexity of the transaction chain (e.g. complex layers of intermediaries and sub intermediaries or distribution channels that may anonymise or obscure the chain of transactions) and types of distributors or intermediaries;
                (g) The distribution channels, including the extent to which the licensee deals directly with the customer and the extent to which it relies (or is allowed to rely) on third parties to conduct CDD and the use of technology; and
                (h) Internal audit, external audit or regulatory inspection findings.
                Added: January 2022

              • Country/Geographic risk

                • FC-C.2.5

                  Country/geographic area risk, in conjunction with other risk factors, provides useful information as to potential ML/TF/PF risks. Factors that may be considered as indicators of higher risk include:

                  (a) Countries identified by credible sources, such as mutual evaluation or detailed assessment reports or published follow-up reports, as not having adequate AML/CFT/CPF systems;
                  (b) Countries or geographic areas identified by credible sources as providing funding or support for terrorist activities, or that have designated terrorist organisations operating within their country;
                  (c) Countries identified by credible sources as having significant levels of corruption or organized crime or other criminal activity, including source or transit countries for illegal drugs, human trafficking and smuggling and illegal gambling;
                  (d) Countries subject to sanctions, embargoes or similar measures issued by international organisations such as the United Nations Organisation; and
                  (e) Countries identified by credible sources as having weak governance, law enforcement, and regulatory regimes, including countries identified by the FATF statements as having weak AML/CFT/CPF regimes, and for which financial institutions should give special attention to business relationships and transactions.
                  Added: January 2022

              • Customer risk

                • FC-C.2.6

                  Categories of customers which may indicate a higher risk include:

                  (a) The business relationship is conducted in unusual circumstances (e.g. significant unexplained geographic distance between the financial institution and the customer).
                  (b) Non-resident customers;
                  (c) Legal persons or arrangements that are personal asset-holding vehicles;
                  (d) Companies that have nominee shareholders or shares in bearer form;
                  (e) Businesses that are cash-intensive;
                  (f) The ownership structure of the company appears unusual or excessively complex given the nature of the company’s business;
                  (g) Customer is sanctioned by the relevant national competent authority for non-compliance with the applicable AML/CFT/CPF regime and is not engaging in remediation to improve its compliance;
                  (h) Customer is a PEP or customer’s family members, or close associates are PEPs (including where a beneficial owner of a customer is a PEP);
                  (i) Customer resides in or whose primary source of income originates from high-risk jurisdictions;
                  (j) Customer resides in countries considered to be uncooperative in providing beneficial ownership information; customer has been mentioned in negative news reports from credible media, particularly those related to predicate offences for AML/CFT/CPF or to financial crimes;
                  (k) Customer’s transactions indicate a potential connection with criminal involvement, typologies or red flags provided in reports produced by the FATF or national competent authorities;
                  (l) Customer is engaged in, or derives wealth or revenues from, a high-risk cash-intensive business;
                  (m) The number of STRs and their potential concentration on particular client groups;
                  (n) Customers who have sanction exposure; and
                  (o) Customer has a non-transparent ownership structure.
                  Added: January 2022

              • Product/Service/Transactions risk

                • FC-C.2.7

                  An overall risk assessment should include determining the potential risks presented by product, service, transaction or the delivery channel of the licensee. A licensee should assess, using a RBA, the extent to which the offering of its product, service, transaction or the delivery channel presents potential vulnerabilities to placement, layering or integration of criminal proceeds into the financial system.

                  Added: January 2022

                • FC-C.2.8

                  Determining the risks of product, service, transaction or the delivery channel offered to customers may include a consideration of their attributes, as well as any associated risk mitigation measures. Products and services that may indicate a higher risk include:

                  (a) Anonymous transactions (which may include cash);
                  (b) Non-face-to-face business relationships or transactions;
                  (c) Payment received from unknown or un-associated third parties;
                  (d) Products or services that may inherently favour anonymity or obscure information about underlying customer transactions;
                  (e) The geographical reach of the product or service offered, such as those emanating from higher risk jurisdictions;
                  (f) Products with unusual complexity or structure and with no obvious economic purpose;
                  (g) Products or services that permit the unrestricted or anonymous transfer of value (by payment or change of asset ownership) to an unrelated third party, particularly those residing in a higher risk jurisdiction; and
                  (h) Use of new technologies or payment methods not used in the normal course of business by the licensee.
                  Added: January 2022

              • Distribution Channel Risk

                • FC-C.2.9

                  A customer may request transactions that pose an inherently higher risk to the licensee. Factors that may be considered as indicators of higher risk include:

                  (a) A request is made to transfer funds to a higher risk jurisdiction/country/region without a reasonable business purpose provided; and
                  (b) A transaction is requested to be executed, where the licensee is made aware that the transaction will be cleared/settled through an unregulated entity.
                  Added: January 2022

                • FC-C.2.10

                  A licensee should analyse the specific risk factors, which arise from the use of intermediaries and their services. Intermediaries’ involvement may vary with respect to the activity they undertake and their relationship with the licensees. Licensee should understand who the intermediary is and perform a risk assessment on the intermediary prior to establishing a business relationship. Licensees and intermediaries should establish clearly their respective responsibilities for compliance with applicable regulation.

                  Added: January 2022

          • FC-1 FC-1 Customer Due Diligence Requirements

            • FC-1.1 FC-1.1 General Requirements

              • Verification of Identity and Source of Funds

                • FC-1.1.1

                  Licensees must establish effective systematic internal procedures for establishing and verifying the identity of their customers and the source of their funds. Such procedures must be set out in writing and approved by the licensee's senior management. They must be strictly adhered to.

                  Amended: January 2020
                  Added: October 2010

                • FC-1.1.2

                  Licensees must implement the customer due diligence measures outlined in Chapters 1, 2 and 3 when:

                  (a) [This Sub-paragraph was deleted in July 2018];
                  (b) Carrying out wire transfers (of the equivalent of US$1,000 or above) (particularly relevant for money changers);
                  (c) Establishing business relations with a new or existing customer;
                  (d) A change to the signatory or beneficiary of an existing account or business relationship is made;
                  (e) Customer documentation standards change substantially;
                  (f) The licensee has doubts about the veracity or adequacy of previously obtained customer due diligence information;
                  (g) A significant transaction takes place (see FC-2.2.3);
                  (h) There is a material change in the way that an account is operated or in the manner in which the business relationship is conducted; or
                  (i) There is a suspicion of money laundering or terrorist financing.
                  Amended: January 2021
                  Amended: July 2018
                  October 2010

                • FC-1.1.2A

                  Licensees must understand, and as appropriate, obtain information on the purpose and intended nature of the business relationship.

                  Added: October 2017

                • FC-1.1.2B

                  Licensees must conduct ongoing due diligence on the business relationship, including:

                  (a) Scrutinizing transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution's knowledge of the customer, their business and risk profile, including, where necessary, the source of funds; and
                  (b) Ensuring that documents, data or information collected under the CDD process is kept up-to-date and relevant, by undertaking reviews of existing records, particularly for higher risk categories of customers.
                  Added: October 2017

                • FC-1.1.2C

                  Licensees must also review and update the customer’s risk profile based on their level of ML/TF/PF risk upon onboarding the customer and regularly throughout the life of the relationship. The risk management and mitigation measures implemented by a licensee must be commensurate with the risk profile of a particular customer or type of customer.

                  Added: January 2022

                • FC-1.1.3

                  Representative office licensees are not allowed to undertake business directly with customers. However, they may be assigned by the Head Office to contact new or existing customers on their behalf, in this case they must pay regard to (c) – (f) and (h-i) customer due diligence measures listed under FC-1.1.2 above.

                  October 2010

                • FC-1.1.4

                  For the purposes of this Module, "customer" includes counterparties such as financial markets counterparties, except where financial institutions are acting as principals where simplified due diligence measures may apply. These simplified measures are set out in Section FC 1.10. For the representative office licensees, 'customer' includes customers of the HO that the Representative office liaises with for general purposes. Examples might include general inquiries and inquiries regarding the accuracy of customer information.

                  October 2010

                • FC-1.1.5

                  The CBB's specific minimum standards to be followed with respect to verifying customer identity and source of funds are contained in Section FC-1.2 and in the Guidance Notes (See Supplementary Information, FC-7 in Part B of the Rulebook). Enhanced requirements apply under certain high-risk situations: these requirements are contained in Sections FC-1.3 to FC-1.9 inclusive. Additional requirements apply where a licensee is relying on a professional intermediary to perform certain parts of the customer due diligence process: these are detailed in Section FC-1.7. Simplified customer due diligence measures may apply in defined circumstances: these are set out in Section FC-1.10.

                  October 2010

                • FC-1.1.5A

                  [This Paragraph was deleted in October 2023].

                  Deleted: October 2023
                  Added: January 2021

                • FC-1.1.5B

                  Money changers must not register persons identified as having high-risk profiles, including those whose CPR has expired, for the purposes of the use of online channels or applications, without conducting the enhanced due diligence requirements outlined in Section FC-1.3.

                  Added: January 2021

              • Verification of Third Parties

                • FC-1.1.6

                  Licensees must obtain a signed statement, in hard copy or through digital means from all new customers confirming whether or not the customer is acting on his own behalf or not. This undertaking must be obtained prior to conducting any transactions with the customer concerned.

                  Amended: January 2022
                  October 2010

                • FC-1.1.7

                  Where a customer is acting on behalf of a third party, the licensee must also obtain a signed statement from the third party, confirming they have given authority to the customer to act on their behalf. Where the third party is a legal person, the licensee must have sight of the original board resolution (or other applicable document) authorising the customer to act on the third party's behalf, and retain a certified copy. Representative office licensees must obtain a signed statement from all new customers confirming whether or not the customer is acting on their own behalf or not.

                  October 2010

                • FC-1.1.8

                  Licensees must establish and verify the identity of the customer and (where applicable) the party/parties on whose behalf the customer is acting, including the Beneficial Owner of the funds. Verification must take place in accordance with the requirements specified in this Chapter.

                  October 2010

                • FC-1.1.9

                  Where financial services are provided to a minor or other person lacking full legal capacity, the normal identification procedures as set out in this Chapter must be followed. In the case of minors, licensees must additionally verify the identity of the parent(s) or legal guardian(s). Where a third party on behalf of a person lacking full legal capacity wishes to open business relations, the licensee must establish the identity of that third party as well as the person conducting the business.

                  October 2010

              • Anonymous and Nominee Accounts

                • FC-1.1.10

                  Licensees must not establish or keep anonymous accounts or accounts in fictitious names. Where licensees maintain a nominee account, which is controlled by or held for the benefit of another person, the identity of that person must be disclosed to the licensee and verified by it in accordance with the requirements specified in this Chapter.

                  October 2010

              • Timing of Verification

                • FC-1.1.11

                  Licensees must not commence a business relationship or undertake a transaction with a customer before completion of the relevant customer due diligence measures specified in Chapters 1, 2 and 3. Licensees must also adopt risk management procedures with respect to the conditions under which a customer may utilise the business relationship prior to verification. However, verification may be completed after receipt of funds in the case of non-face-to-face business, or the subsequent submission of CDD documents by the customer after undertaking initial customer due diligence provided that no disbursement of funds takes place until after the requirements of this Chapter have been fully met.

                  Amended: January 2022
                  October 2010

              • Incomplete Customer Due Diligence

                • FC-1.1.12

                  Where a licensee is unable to comply with the requirements specified in Chapters 1, 2 and 3, it must consider whether to terminate the relationship or not proceed with the transaction. If it proceeds with the transaction (to avoid tipping off the customer), it should additionally consider whether it should file a suspicious transaction report.

                  October 2010

                • FC-1.1.13

                  See also Chapter FC-5, which covers the filing of suspicious transaction reports.

                  October 2010

              • Non-Resident Accounts

                • FC-1.1.13A

                  Licensees that transact or deal with non-resident customers who are natural persons must have documented criteria for acceptance of business with such persons. For non-resident customers, licensees must ensure the following:

                  (a) Ensure there is a viable economic reason for the business relationship;
                  (b) Perform enhanced due diligence where required in accordance with Paragraph FC-1.1.14;
                  (c) Obtain and document the country of residence for tax purposes where relevant;
                  (d) Obtain evidence of banking relationships in the country of residence;
                  (e) Obtain the reasons for dealing with licensee in Bahrain;
                  (f) Obtain an indicative transaction volume and/or value of incoming funds; and
                  (g) Test that the persons are contactable without unreasonable delays.
                  Amended: October 2023
                  Added: January 2022

                • FC-1.1.13B

                  Licensees that transact or deal with non-resident customers who are natural persons must have documented approved policies in place setting out the products and services which will be offered to non-resident customers. Such policy document must take into account a comprehensive risk assessment covering all risks associated with the products and services offered to non-residents. The licensee must also have detailed procedures to address the risks associated with the dealings with non-resident customers including procedures and processes relating to authentication, genuineness of transactions and their purpose.

                  Added: January 2022

                • FC-1.1.13C

                  Licensees must not accept non-residents customers from high risk jurisdictions subject to a call for action by FATF.

                  Added: January 2022

                • FC-1.1.13D

                  Licensees must take adequate precautions and risk mitigation measures before onboarding non-resident customers from high risk jurisdictions. The licensees must establish detailed assessments and criteria that take into consideration FATF mutual evaluations, FATF guidance, the country national risk assessments (NRAs) and other available guidance on onboarding and retaining non-resident customers from the following high risk jurisdictions:

                  (a) Jurisdictions under increased monitoring by FATF;
                  (b) Countries upon which United Nations sanctions have been imposed except those referred to in Paragraph FC-1.1.13B; and
                  (c) Countries that are the subject of any other sanctions.
                  Added: January 2022

                • FC-1.1.13E

                  [This Paragraph has been deleted in October 2023].

                  Deleted: October 2023
                  Added: January 2022

                • FC-1.1.13F

                  Licensees must establish systems and measures that are proportional to the risk relevant to each jurisdiction and this must be documented. Such a document must show the risks, mitigation measures for each jurisdiction and for each non-resident customer.

                  Added: January 2022

                • FC-1.1.13G

                  Licensees must establish a comprehensive documented policy and procedures describing also the tools, methodology and systems that support the licensee’s processes for:

                  (a) The application of RBA;
                  (b) Customer due diligence;
                  (c) Ongoing transaction monitoring; and
                  (d) Reporting in relation to their transactions or dealings with non-resident customers.
                  Added: January 2022

                • FC-1.1.13H

                  Licensees must ensure that only the official/government documents are accepted for the purpose of information in Subparagraphs FC-1.2.1 (a) to (f) in the case of non-resident customers.

                  Added: January 2022

                • FC-1.1.13I

                  [This Paragraph has been deleted in October 2023].

                  Deleted: October 2023
                  Added: January 2022

                • FC-1.1.14

                  Licensees must follow the below CDD and customer on-boarding requirements:

                    Enhanced Due Diligence Digital Onboarding
                  Bahrainis and GCC nationals (wherever they reside) and expatriates resident in Bahrain No Yes
                  Others Yes Yes
                  Added: October 2023

            • FC-1.2 FC-1.2 Face-to-face Business

              • Natural Persons

                • FC-1.2.1

                  If the customer is a natural person, licensees must identify the person’s identity and obtain the following information before providing financial services as described in Paragraph FC-1.1.2:

                  (a) Full legal name and any other names used;
                  (b) Full permanent address (i.e. the residential address of the customer; a post office box is insufficient);
                  (c) Date of birth;
                  (d) Nationality;
                  (e) Passport number (if the customer is a passport holder);
                  (f) Current CPR or residence permit number (for residents of Bahrain or GCC states) or government issued national identification proof;
                  (g) Telephone/fax number and email address (where applicable);
                  (h) Occupation or public position held (where applicable);
                  (i) Employer's name and address (if self-employed, the nature of the self-employment);
                  (j) Type of account, and nature and volume of anticipated business dealings with the licensee;
                  (k) Signature of the customer(s);
                  (l) Source of funds;
                  (m) Reason for opening the account; and
                  (n) Place of birth.
                  Amended: January 2024
                  Amended: January 2022
                  Amended: January 2020
                  Added: October 2010

                • FC-1.2.1A

                  Licensees obtaining the information and customer signature electronically using digital applications must comply with the applicable laws governing the onboarding/business relationship including but not limited to the Electronic Transactions Law (Law No. 54 of 2018) for the purposes of obtaining signatures as required in Subparagraph FC-1.2.1 (k) above.

                  Added: January 2022

                • FC-1.2.2

                  See the Guidance Notes (filed under Supplementary Information in Part B of Volume 5) for further information on source of funds (FC-1.2.1 (1)) and CDD requirements for Bahrain residents (FC-1.2.1 (c) & (f)).

                  October 2010

                • FC-1.2.3

                  Licensees must verify the information in Paragraph FC-1.2.1 (a) to (f), by the following methods below; at least one of the copies of the identification documents mentioned in (a) and (b) below must include a clear photograph of the customer:

                  (a) Confirmation of the date of birth and legal name, by use of the national E-KYC application and if this is not practical, obtaining a copy of a current valid official original identification document (e.g. birth certificate, passport, national identity card, CPR or Iqama);
                  (b) Confirmation of the permanent residential address by use of the national E-KYC application and if this is not practical, obtaining a copy of a recent utility bill, bank statement or similar statement from another licensee or financial institution, or some form of official correspondence or official documentation card, such as national identity card or CPR, from a public/governmental authority, or a tenancy agreement or record of home visit by an official of the licensee; and
                  (c) Where appropriate, direct contact with the customer by phone, letter or email to confirm relevant information, such as residential address information.
                  Amended: January 2022
                  Amended: January 2013
                  Amended: April 2012
                  October 2010

                • FC-1.2.4

                  Any document copied or obtained for the purpose of identification verification in a face-to-face customer due diligence process must be an original. An authorised official of the licensee must certify the copy, by writing on it the words 'original sighted', together with the date and his signature. Equivalent measures must be taken for electronic copies.

                  Amended: January 2022
                  October 2010

                • FC-1.2.5

                  Identity documents which are not obtained by an authorised official of the licensee in original form (e.g. due to a customer sending a copy by post following an initial meeting) must instead be certified (as per FC-1.2.4) by one of the following from a GCC or FATF member state:

                  (a) A lawyer;
                  (b) A notary;
                  (c) A chartered/certified accountant;
                  (d) An official of a government ministry;
                  (e) An official of an embassy or consulate; or
                  (f) An official of another licensed financial institution or of a licensed associate company of the licensee.
                  October 2010

                • FC-1.2.6

                  The individual making the certification under FC-1.2.5 must give clear contact details (e.g. by attaching a business card or company stamp). The licensee must verify the identity of the person providing the certification through checking membership of a professional organisation (for lawyers or accountants), or through checking against databases/websites, or by direct phone or email contact.

                  October 2010

              • Legal Entities or Legal Arrangements (such as trusts)

                • FC-1.2.7

                  If the customer is a legal entity or a legal arrangement such as a trust, the licensee must obtain and record the following information from original identification documents, databases or websites, in hard copy or electronic form, identify the customer and to take reasonable measures to verify its identity, legal existence and structure:

                  (a) The entity's full name and other trading names used;
                  (b) Registration number (or equivalent);
                  (c) Legal form and proof of existence;
                  (d) Registered address and trading address (where applicable);
                  (e) Type of business activity;
                  (f) Date and place of incorporation or establishment;
                  (g) Telephone, fax number and email address;
                  (h) Regulatory body or listing body (for regulated activities such as financial services and listed companies);
                  (hh) The names of the relevant persons having a senior management position in the legal entity or legal arrangement;
                  (i) Name of external auditor (where applicable);
                  (j) Type of account, and nature and volume of anticipated business dealings with the licensee; and
                  (k) Source of funds.
                  Amended: October 2017
                  October 2010

                • FC-1.2.8

                  The information provided under Paragraph FC-1.2.7 must be verified by obtaining certified copies of the following documents, as applicable (depending on the legal form of the entity):

                  (a) Certificate of incorporation and/or certificate of commercial registration or trust deed;
                  (b) Memorandum of association;
                  (c) Articles of association;
                  (d) Partnership agreement;
                  (e) Board resolution seeking financial services (only necessary in the case of private or unlisted companies);
                  (f) Identification documentation of the authorised signatories of the account (certification not necessary for companies listed in a GCC/FATF state);
                  (g) Copy of the latest financial report and accounts, audited where possible (audited copies do not need to be certified); and
                  (h) List of persons authorised to do business on behalf of the company and in the case of the opening of an account, a board resolution (or other applicable document) authorising the named persons to operate the account (resolution only necessary for private or unlisted companies).
                  Amended: July 2016
                  October 2010

                • FC-1.2.8A

                  For customers that are legal persons, Licensees must identify and take reasonable measures to verify the identity of beneficial owners through the following information:

                  (a) The identity of the natural person(s) who ultimately have a controlling ownership interest in a legal person, and
                  (b) To the extent that there is doubt under (a) as to whether the person(s) with the controlling ownership interest is the beneficial owner(s), or where no natural person exerts control of the legal person or arrangement through other means; and
                  (c) Where no natural person is identified under (a) or (b) above, the identity of the relevant natural person who holds the position of senior managing official.
                  Added: October 2017

                • FC-1.2.9

                  Documents obtained to satisfy the requirements in Paragraph FC-1.2.8 above must be certified in the manner specified in Paragraphs FC-1.2.4 to FC-1.2.6.

                  October 2010

                • FC-1.2.9A

                  For the purpose of Paragraph FC-1.2.8(a), the requirement to obtain a certified copy of the commercial registration, may be satisfied by obtaining a commercial registration abstract printed directly from the Ministry of Industry, Commerce and Tourism's website, through "SIJILAT Commercial Registration Portal".

                  Added: January 2017

                • FC-1.2.10

                  The documentary requirements in Paragraph FC-1.2.8 above do not apply in the case of FATF/GCC listed companies: see Section FC-1.10 below. Also, the documents listed in Paragraph FC-1.2.8 above are not exhaustive: for customers from overseas jurisdictions, documents of an equivalent nature may be produced as satisfactory evidence of a customer's identity.

                  October 2010

                • FC-1.2.11

                  Licensees must also obtain and document the following due diligence information. These due diligence requirements must be incorporated in the licensee's new business procedures:

                  (a) Enquire as to the structure of the legal entity or trust sufficient to determine and verify the identity of the ultimate beneficial owner of the funds, the ultimate provider of funds (if different), and the ultimate controller of the funds (if different);
                  (b) Ascertain whether the legal entity has been or is in the process of being wound up, dissolved, struck off or terminated;
                  (c) Obtain the names, country of residence and nationality of directors or partners (only necessary for private or unlisted companies);
                  (d) Require, through new customer documentation or other transparent means, updates on significant changes to corporate ownership and/or legal structure;
                  (e) Obtain and verify the identity of shareholders holding 20% or more of the issued capital (where applicable). The requirement to verify the identity of these shareholders does not apply in the case of FATF/GCC listed companies;
                  (f) In the case of trusts or similar arrangements (excluding employee benefit trusts and occupational savings schemes), establish the identity of the settlor(s), trustee(s), and beneficiaries (including making such reasonable enquiries as to ascertain the identity of any other potential beneficiary, in addition to the named beneficiaries of the trust); and
                  (g) Where a licensee has reasonable grounds for questioning the authenticity of the information supplied by a customer, conduct additional due diligence to confirm the above information.
                  Amended: April 2013
                  October 2010

                • FC-1.2.11A

                  In the case of employee benefit trusts and occupational savings schemes, the licensee must establish the identity of the settlor and trustee as required in FC-1.2.11(f), but may rely upon the settlor to maintain the identity information of the beneficiaries, subject to written confirmation from the settlor that such information has been collected.

                  Added: April 2013

                • FC-1.2.12

                  For the purposes of Paragraph FC-1.2.11, acceptable means of undertaking such due diligence might include taking bank references; visiting or contacting the company by telephone; undertaking a company search or other commercial enquiries; accessing public and private databases (such as stock exchange lists); making enquiries through a business information service or credit bureau; confirming a company's status with an appropriate legal or accounting firm; or undertaking other enquiries that are commercially reasonable.

                  October 2010

            • FC-1.3 FC-1.3 Enhanced Customer Due Diligence: General Requirements

              • FC-1.3.1

                Enhanced customer due diligence must be performed on those customers identified as having a higher risk profile, and additional inquiries made or information obtained in respect of those customers.

                October 2010

              • FC-1.3.2

                Licensees should examine, as far as reasonably possible, the background and purpose of all complex, unusual large transactions, and all unusual patterns of transactions, which have no apparent economic or lawful purpose. Where the risks of money laundering or terrorist financing are higher, licensees should conduct enhanced CDD measures, consistent with the risks identified. In particular, they should increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear unusual or suspicious. The additional inquiries or information referred to in Paragraph FC-1.3.1 include:

                (a) Obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.) and updating more regularly the identification data of customer and beneficial owner;
                (b) Obtaining additional information on the intended nature of the business relationship;
                (c) Obtaining information on the source of funds or source of wealth of the customer;
                (d) Obtaining information on the reasons for intended or performed transactions;
                (e) Obtaining the approval of senior management to commence or continue the business relationship;
                (f) Conducting enhanced monitoring of the business relationship, by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination;
                (g) Taking specific measures to identify the source of the first payment in this account and applying RBA to ensure that there is a plausible explanation in any case where the first payment was not received from the same customer’s account;
                (h) Obtaining evidence of a person's permanent address through the use of a credit reference agency search or through independent governmental database or by home visit;
                (i) Obtaining a personal reference (e.g. by an existing customer of the licensee);
                (j) Obtaining another licensed entity's reference and contact with the concerned licensee regarding the customer;
                (k) Obtaining documentation outlining the customer's source of wealth;
                (l) Obtaining additional documentation outlining the customer's source of income; and
                (m) Obtaining additional independent verification of employment or public position held.
                January 2022
                October 2010

              • FC-1.3.3

                In addition to the general rule contained in Paragraph FC-1.3.1 above, special care is required in the circumstances specified in Sections FC-1.4 to FC-1.9 inclusive.

                October 2010

            • FC-1.4 FC-1.4 Enhanced Customer Due Diligence: Non face-to-face Business and New Technologies

              • FC-1.4.1

                Licensees must establish specific procedures for verifying customer identity where no face-to-face contact takes place.

                October 2010

              • FC-1.4.2

                Where no face-to-face contact takes place, licensees must take additional measures (to those specified in Section FC-1.2), in order to mitigate the potentially higher risk associated with such business. In particular, licensees must take measures:

                (a) To ensure that the customer is the person they claim to be; and
                (b) To ensure that the address provided is genuinely the customer's.
                October 2010

              • FC-1.4.3

                There are a number of checks that can provide a licensee with a reasonable degree of assurance as to the authenticity of the applicant. They include:

                (a) Telephone contact with the applicant on an independently verified home or business number;
                (b) With the customer's consent, contacting an employer to confirm employment, via phone through a listed number or in writing;
                (c) Salary details appearing on recent bank statements;
                (d) Independent verification of employment (e.g.: through the use of a national E-KYC application, or public position held;
                (e) Carrying out additional searches (e.g. internet searches using independent and open sources) to better inform the customer risk profile;
                (f) Carrying out additional searches focused on financial crime risk indicator (i.e. negative news);
                (g) Evaluating the information provided with regard to the destination of fund and the reasons for the transaction;
                (h) Seeking and verifying additional information from the customer about the purpose and intended nature of the transaction or the business relationship; and
                (i) Increasing the frequency and intensity of transaction monitoring.
                Amended: January 2022
                October 2010

              • FC-1.4.4

                Financial services provided using digital channels or internet pose greater challenges for customer identification and AML/CFT purposes. Licensees must identify and assess the money laundering or terrorist financing risks relevant to any new technology or channel and establish procedures to prevent the misuse of technological developments in money laundering or terrorist financing schemes. The risk assessments must be consistent with the requirements in Section FC-C.2.

                Amended: January 2022
                October 2010

              • Enhanced Monitoring

                • FC-1.4.5

                  Customers onboarded digitally must be subject to enhanced on-going account monitoring measures.

                  Added: January 2022

                • FC-1.4.6

                  The CBB may require a licensee to share the details of the enhanced monitoring and the on-going monitoring process for non face-to-face customer relationships.

                  Added: January 2022

              • Licensee’s digital ID applications

                • FC-1.4.7

                  Licensees may use its digital ID applications that use secure audio-visual real time (live video conferencing/live photo selfies) communication means to identify the natural person.

                  Added: January 2022

                • FC-1.4.8

                  Licensees must maintain a document available upon request for the use of its digital ID applications that includes all the following information:

                  (a) A description of the nature of products and services for which the proprietary digital ID application is planned to be used with specific references to the rules in this Module for which it will be used;
                  (b) A description of the systems and IT infrastructure that are planned to be used;
                  (c) A description of the technology and applications that have the features for facial recognition or biometric recognition to authenticate independently and match the face and the customer identification information available with the licensee. The process and the features used in conjunction with video conferencing include, among others, face recognition, three-dimensional face matching techniques etc;
                  (d) “Liveness” checks created in the course of the identification process;
                  (e) A description of the governance arrangements related to this activity including the availability of specially trained personnel with sufficient level of seniority; and
                  (f) Record keeping arrangements for electronic records to be maintained and the relative audit.
                  Added: January 2022

                • FC-1.4.9

                  Licensees that intend to use its digital ID application to identify the customer and verify identity information must meet the following additional requirements:

                  (a) The digital ID application must make use of secure audio visual real time (live video conferencing/live photo selfies) technology to (i) identify the customer, (ii) verify his/her identity, and also (iii) ensure the data and documents provided are authentic;
                  (b) The picture/sound quality must be adequate to facilitate unambiguous identification;
                  (c) The digital ID application must include or be combined with capability to read and decrypt the information stored in the identification document’s machine readable zone (MRZ) for authenticity checks from independent and reliable sources;
                  (d) Where the MRZ reader is with an outsourced provider, the licensee must ensure that such party is authorized to carry out such services and the information is current and up to date and readily available such that the licensee can check that the decrypted information matches the other information in the identification document;
                  (e) The digital ID application has the features for allowing facial recognition or biometric recognition that can authenticate and match the face and the customer identification documents independently;
                  (f) The digital ID solution has been tested by an independent expert covering the governance and control processes to ensure the integrity of the solution and underlying methodologies, technology and processes and risk mitigation. The report of the expert’s findings must be retained and available upon request;
                  (g) The digital ID application must enable an ongoing process of retrieving and updating the digital files, identity attributes, or data fields which are subject to documented access rights and authorities for updating and changes; and
                  (h) The digital ID application must have the geo-location features which must be used by the licensee to ensure that it is able to identify any suspicious locations and to make additional inquiries if the location from which a customer is completing the onboarding process does not match the location of the customer based on the information and documentation submitted.
                  Added: January 2022

                • FC-1.4.10

                  A Licensee using its digital ID application must establish and implement an approved policy which lays down the governance, control mechanisms, systems and procedures for the CDD which include:

                  (a) A description of the nature of products and services for which customer due diligence may be conducted through video conferencing or equivalent electronic means;
                  (b) A description of the systems, controls and IT infrastructure planned to be used;
                  (c) Governance mechanism related to this activity;
                  (d) Specially trained personnel with sufficient level of seniority; and
                  (e) Record keeping arrangements for electronic records to be maintained and the relative audit trail.
                  Added: January 2022

                • FC-1.4.11

                  Licensees must ensure that the information referred to in Paragraph FC-1.2.1 is collected in adherence to privacy laws and other applicable laws of the country of residence of the customer.

                  Added: January 2022

                • FC-1.4.12

                  Licensees must ensure that the information referred to in Subparagraphs FC-1.2.1 (a) to (f) is obtained prior to commencing the digital verification such that:

                  (a) The licensee can perform its due diligence prior to the digital interaction/communication and can raise targeted questions at such interaction/communication session; and
                  (b) The licensee can verify the authenticity, validity and accuracy of such information through digital means (See Paragraph FC.1.4.14 below) or by use of the methods mentioned in Paragraph FC-1.2.3 and /or FC-1.4.3 as appropriate.
                  Added: January 2022

                • FC-1.4.13

                  The licensee must also obtain the customer’s explicit consent to record the session and capture images as may be needed.

                  Added: January 2022

                • FC-1.4.14

                  Licensees must verify the information in Paragraph FC-1.2.1 (a) to (f) by the following methods below:

                  (a) Confirmation of the date of birth and legal name by digital reading and authenticating current valid passport or other official original identification using machine readable zone (MRZ) or other technology which has been approved under paragraph FC-1.4.9, unless the information was verified using national E-KYC application;
                  (b) Performing real time video calls with the applicant to identify the person and match the person’s face and /other features through facial recognition or bio-metric means with the office documentation, (e.g. passport, CPR);
                  (c) Matching the official identification document, (e.g. passport, CPR) and related information provided with the document captured/displayed on the live video call; and
                  (d) Confirmation of the permanent residential address by, unless the information was verified using national E-KYC application capturing live, the recent utility bill, bank statement or similar statement from another licensee or financial institution, or some form of official correspondence or official documentation card, such as national identity card or CPR, from a public/governmental authority, or a tenancy agreement or record of home visit by an official of the licensee.
                  Added: January 2022

                • FC-1.4.15

                  For the purposes of Paragraph FC-1.4.14, actions taken for obtaining and verifying customer identity could include:

                  (a) Collection: Present and collect identity attributes and evidence, either in person and/or online (e.g., by filling out an online form, sending a selfie photo, uploading photos of documents such as passport or driver’s license, etc.);
                  (b) Certification: Digital or physical inspection to ensure the document is authentic and its data or information is accurate (for example, checking physical security features, expiration dates, and verifying attributes via other services);
                  (c) De-duplication: Establish that the identity attributes and evidence relate to a unique person in the ID system (e.g., via duplicate record searches, biometric recognition and/or deduplication algorithms);
                  (d) Verification: Link the individual to the identity evidence provided (e.g., using biometric solutions like facial recognition and liveness detection); and
                  (e) Enrolment in identity account and binding: Create the identity account and issue and link one or more authenticators with the identity account (e.g., passwords, one-time code (OTC) generator on a smartphone, etc.). This process enables authentication.
                  Added: January 2022

                • FC-1.4.16

                  Not all elements of a digital ID system are necessarily digital. Some elements of identity proofing and enrolment can be either digital or physical (documentary), or a combination, but binding and authentication must be digital.

                  Added: January 2022

                • FC-1.4.17

                  Sufficient controls must be put in place to safeguard the data relating to customer information collected through the video conference and due regard must be paid to the requirements of the Personal Data Protection Law (PDPL). Additionally, controls must be put in place to minimize the increased impersonation fraud risk in such non face-to-face relationship where there is a chance that customer may not be who he claims he is.

                  Added: January 2022

              • Overseas branches

                • FC-1.4.18

                  Where licensees intend to use a digital ID application in a foreign jurisdiction in which it operates, it must ensure that the digital ID application meets with the requirements under Paragraph FC-B.2.1.

                  Added: January 2022

            • FC-1.5 FC-1.5 Enhanced Customer Due Diligence: Politically Exposed Persons (“PEPs”)

              • FC-1.5.1

                Licensees must have appropriate risk management systems to determine whether a customer is a Politically Exposed Person ('PEP'), both at the time of establishing business relations and thereafter on a periodic basis. Licensees must utilise publicly available databases and information to establish whether a customer is a PEP.

                October 2010

              • FC-1.5.2

                Licensees must establish a client acceptance policy with regard to PEPs, taking into account the reputational and other risks involved. Senior management approval must be obtained before a PEP is accepted as a customer. Licensees must not accept a non-Bahraini PEP as a customer based on customer due diligence undertaken using digital ID applications.

                Amended: January 2022
                October 2010

              • FC-1.5.3

                Where an existing customer is a PEP, or subsequently becomes a PEP, enhanced monitoring and customer due diligence measures must include:

                (a) Analysis of complex financial structures, including trusts, foundations or international business corporations;
                (b) A written record in the customer file to establish that reasonable measures have been taken to establish both the source of wealth and the source of funds;
                (c) Development of a profile of anticipated customer activity, to be used in on-going monitoring;
                (d) Approval of senior management for allowing the customer relationship to continue; and
                (e) Ongoing account monitoring of the PEP's account by senior management (such as the MLRO).
                October 2010

              • FC-1.5.4

                [This Paragraph was deleted in July 2016 as the definition is included under Part B in the Glossary.]

                Deleted: July 2016
                October 2010

            • FC-1.6 FC-1.6 Enhanced Due Diligence: Charities, Clubs and Other Societies

              • FC-1.6.1

                Financial services must not be provided to charitable funds and religious, sporting, social, cooperative and professional societies, before an original certificate authenticated by the relevant Ministry confirming the identities of those purporting to act on their behalf (and authorising them to obtain the said service) has been obtained. Money changers are allowed to conduct business with charities without a certificate where payment is made by a cheque drawn on a bank licensed in Bahrain.

                Amended: January 2021
                October 2010

              • FC-1.6.2

                Charities should be subject to enhanced transaction monitoring. Money changers should develop a profile of anticipated activity (in terms of payee countries and recipient organisations in particular).

                Amended: January 2021
                October 2010

              • FC-1.6.3

                Money changers must provide a monthly report of all payments and transfers of BD3,000 (or equivalent in foreign currencies) and above performed on behalf of charities registered in Bahrain. The report must be submitted to the CBB's Compliance Directorate (see Section FC-5.3 for contact address), giving details of the amount transferred, name of charity, number and beneficiary name account and bank details. Licensees must ensure that such transfers are in accordance with the spending plans of the charity (in terms of amount, recipient and country).

                Amended: January 2021
                October 2010

              • FC-1.6.4

                Article 20 of Decree Law No. 21 of 1989 (issuing the Law of Social and Cultural Societies and Clubs and Private Organizations Operating in the Area of Youth and Sport and Private Institutions) provides that money changer licensees and payment service providers must not accept or process any incoming or outgoing fund transfers in any form (wire transfer, drafts, etc.) from or to any foreign person or foreign association on behalf of societies and clubs licensed by the Ministry of Youth and Sport Affairs without prior written approval of the Ministry.

                Amended: October 2019
                October 2010

              • FC-1.6.5

                The receipt of a Ministry letter mentioned in Paragraph FC-1.6.4 above does not exempt the concerned money changer from conducting normal CDD measures as outlined in other parts of this Module.

                Amended: January 2021
                October 2010

            • FC-1.7 FC-1.7 Introduced Business from Professional Intermediaries

              • FC-1.7.1

                A licensee may only accept customers introduced to it by other financial institutions or intermediaries, if it has satisfied itself that the introducer concerned is subject to FATF-equivalent measures and customer due diligence measures. Where licensees delegate part of the customer due diligence measures to an introducer, the responsibility for meeting the requirements of Chapters 1 and 2 remains with the licensee, not the introducer.

                Amended: January 2018
                October 2010

              • FC-1.7.2

                Licensees may only accept introduced business if all of the following conditions are satisfied:

                (a) The customer due diligence measures applied by the introducer are consistent with those required by the FATF 40 + 9 Recommendations;
                (b) A formal agreement is in place defining the respective roles of the licensee and the introducer in relation to customer due diligence measures. The agreement must specify that the customer due diligence measures of the introducer will comply with the FATF 40 + 9 Recommendations;
                (c) The introducer is able to provide all relevant data pertaining to the customer's identity, the identity of the customer and beneficial owner of the funds and, where applicable, the party/parties on whose behalf the customer is acting; also, the introducer has confirmed that the licensee will be allowed to verify the customer due diligence measures undertaken by the introducer at any stage; and
                (d) Written confirmation is provided by the introducer confirming that all customer due diligence measures required by the FATF 40 + 9 Recommendations have been followed and the customer's identity established and verified. In addition, the confirmation must state that any identification documents or other customer due diligence material can be accessed by the licensee and that these documents will be kept for at least five years after the business relationship has ended.
                October 2010

              • FC-1.7.3

                The licensee must perform periodic reviews ensuring that any introducer on which it relies is in compliance with the FATF 40 + 9 Recommendations. Where the introducer is resident in another jurisdiction, the licensee must also perform periodic reviews to verify whether the jurisdiction is in compliance with the FATF 40 + 9 Recommendations.

                October 2010

              • FC-1.7.4

                Should the licensee not be satisfied that the introducer is in compliance with the requirements of the FATF 40 + 9 Recommendations, the licensee must conduct its own customer due diligence on introduced business, or not accept further introductions, or discontinue the business relationship with the introducer.

                October 2010

            • FC-1.8 FC-1.8 Shell Banks

              • FC-1.8.1

                Licensees must not establish business relations with banks, which have no physical presence or "mind and management" in the jurisdiction in which they are licensed and which are unaffiliated with a regulated financial group ("shell banks"). Licensees must not knowingly establish relations with financial institutions that have relations with shell banks.

                October 2010

              • FC-1.8.2

                Licensees must make a suspicious transaction report to the Financial Intelligence Directorate and the Compliance Directorate if they are approached by a shell bank or an institution they suspect of being a shell bank.

                Amended: October 2019
                October 2010

            • FC-1.9 FC-1.9 Enhanced Due Diligence: Cross Border Cash Transactions by Courier

              • FC-1.9.1

                The cross-border movement of cash funds warrants special attention under the FATF 40 Recommendations where transactions are large in value (Recommendation 6), in addition to the general requirement under Recommendation 19 to verify monitor, declare and keep records of all cross-border transfers of cash. Cash shipments are therefore subject to inspection and investigation procedures by the Customs Directorate of the Kingdom of Bahrain. There are also certain specific legal measures mentioned below which are relevant to cross-border cash shipments. Under Article 4 of Decree Law No. 4 of 2001, licensees of the CBB are required to comply with the CBB's Rules and Regulations concerning the prevention and prohibition of money laundering, which include regulations concerning the cross-border movement of cash. Also, licensees' attention is drawn to the disclosure provisions of Decree Law No 54 of 2006 and Ministerial Order No 6 of 2008 with respect to cross-border transportation of funds (see Part B of the Rulebook for Decree Law No 54). Licensees are also reminded of the rules of the unified customs arrangements of the Gulf Cooperation Council as laid out in Decree Law No 10 of 2002. With respect to the above Law No. 4 of 2001 and the concerned parts of other legislation mentioned above, all money changers must implement the enhanced measures below in respect of all cash received from foreign countries or sold/transferred to foreign countries.

                Amended: January 2021
                October 2010

              • FC-1.9.2

                Cash coming into Bahrain via courier (whether a representative of a Bahrain money changer or a foreign institution) must be accompanied by original documentation stating the source of funds and identity of the originator of the funds. Furthermore, the documentation must state the full name and address of the beneficiary of the funds. This documentation must be signed in original by (a representative) of the originator of the cash. This means that where a courier is importing cash via any customs point of entry (e.g. via the Causeway or the Airport), the aforementioned courier must carry original documentation which clearly shows the source of funds and identity of the originator of the funds and the intended beneficiaries' names and address.

                Amended: January 2021
                Amended: July 2018
                October 2010

              • FC-1.9.3

                In the case of incoming cash, the courier must carry original documentation signed by the originator stating whether the cash shipment is for local use or for onward transmission.

                October 2010

              • FC-1.9.4

                If the imported cash is for onward transmission, the original documentation must provide the full name and address of the final beneficiaries, as well as the local recipient (e.g. the money changer).

                Amended: January 2021
                October 2010

              • FC-1.9.5

                Failure to provide complete and detailed original signed documentation by the originator of the funds referred to in Paragraph FC-1.9.2 may cause the cash shipment to be blocked, whereupon the blocking costs will be borne by the concerned money changer in Bahrain. Licensees are also reminded of the penalties and enforcement measures in Law No. 4 of 2001, Decree Law No. 54 of 2006, Ministerial Order No. 7 of 2001 issued by the Minister of Finance and National Economy, the rules of the unified customs arrangements of the Gulf Cooperation Council as laid out in Decree Law No. 10 of 2002 and the CBB Law No. 64 of 2006.

                Amended: January 2021
                October 2010

            • FC-1.10 FC-1.10 Simplified Customer Due Diligence

              • FC-1.10.1

                Licensees may apply simplified customer due diligence measures, as described in Paragraphs FC-1.10.2 to FC-1.10.7, if:

                (a) [This Subparagraph was deleted in July 2018];
                (b) The transaction is a wire transfer below the equivalent of US$1000;
                (c) The customer is a company listed on a GCC or FATF member state stock exchange with equivalent disclosure standards to those of a licensed exchange;
                (d) The customer is a financial institution whose entire operations are subject to AML/CFT requirements consistent with the FATF Recommendations / Special Recommendations and it is supervised by a financial services supervisor in a FATF or GCC member state for compliance with those requirements;
                (e) The customer is a financial institution which is a subsidiary of a financial institution located in a FATF or GCC member state, and the AML/CFT requirements applied to its parent also apply to the subsidiary;
                (f) The customer is the Central Bank of Bahrain ('CBB'), a licensed exchange or a licensee of the CBB; or
                (g) The customer is a Ministry of a Gulf Cooperation Council ('GCC') or Financial Action Task Force ('FATF') member state government, a company in which a GCC government is a majority shareholder, or a company established by decree in the GCC.
                Amended: January 2019
                Amended: July 2018
                Amended: January 2018
                Amended: April 2013
                October 2010

              • FC-1.10.2

                For customers falling under categories (c) to (g) specified in Paragraph FC-1.10.1, the information required under Paragraph FC-1.2.1 (for natural persons) or FC-1.2.7 (for legal entities) must be obtained. However, the verification, certification and due diligence requirements in Paragraphs FC-1.2.3, FC-1.2.5, FC-1.2.8, FC-1.2.9 and FC-1.2.11, may be dispensed with.

                October 2010

              • FC-1.10.3

                [This Paragraph was deleted in July 2018].

                Deleted: July 2018
                October 2010

              • FC-1.10.4

                Licensees wishing to apply simplified due diligence measures as allowed for under categories (c) to (g) of Paragraph FC-1.10.1 must retain documentary evidence supporting their categorisation of the customer.

                October 2010

              • FC-1.10.5

                Examples of such documentary evidence may include a printout from a regulator's website, confirming the licensed status of an institution, and internal papers attesting to a review of the AML/CFT measures applied in a jurisdiction.

                October 2010

              • FC-1.10.6

                Licensees may use authenticated SWIFT messages as a basis for confirmation of the identity of a financial institution under Subparagraphs FC-1.10.1 (d) and (e) where it is dealing as principal. For customers coming under Subparagraphs FC-1.10.1 (d) and (e), licensees must also obtain and retain a written statement from the parent institution of the subsidiary concerned, confirming that the subsidiary is subject to the same AML/CFT measures as its parent.

                October 2010

              • FC-1.10.7

                Simplified customer due diligence measures must not be applied where a licensee knows, suspects, or has reason to suspect, that the applicant is engaged in money laundering or terrorism financing or that the transaction is carried out on behalf of another person engaged in money laundering or terrorism financing.

                October 2010

              • FC-1.10.7A

                Simplified customer due diligence measures must not be applied in situations where the licensee has identified high ML/TF/PF risks.

                Added: January 2022

              • FC-1.10.8

                [This Paragraph was deleted in July 2018].

                Deleted: July 2018
                October 2010

            • FC-1.11 Reliance on Third Parties for Customer Due Diligence

              • FC-1.11.1

                Licensees are permitted to rely on third parties to perform elements of CDD measures and recordkeeping requirements stipulated in Chapter FC-1 related to customer and beneficial owner identity, verification of their identity and information on the purpose and intended nature of the business relationship with the licensee, subject to complying with the below:

                (a) Licensees remain ultimately responsible for CDD measures;
                (b) Licensees immediately obtain the relevant CDD information from the third party upon onboarding clients;
                (c) There is an agreement with the third party for the arrangement with clear contractual terms on the obligations of the third party;
                (d) The third party without delay makes available the relevant documentation relating to the CDD requirements upon request;
                (e) Licensees ensure that the third party is a financial institution that is regulated and supervised for, and has measures in place for compliance with, CDD and recordkeeping requirements in line with FATF Recommendations 10 and 11; and
                (f) For third parties based abroad, licensees must consider the information available on the level of country risk.
                Added: October 2023

              • FC-1.11.2

                Where a licensee relies on a third-party that is part of the same financial group, the licensee can consider that:

                (a) The requirements under Subparagraphs FC-1.11.1 (d) and (e) are complied with through its group programme, provided the group satisfies the following conditions:
                (i) The group applies CDD and record keeping requirements consistent with FATF Recommendations 10, 11 and 12 and has in place internal controls in accordance with FATF Recommendation 18; and
                (ii) The implementation of CDD, record keeping and AML/CFT measures are supervised at a group level by a financial services regulatory authority for compliance with AML/CFT requirements consistent with standards set by the FATF.
                (b) The requirement under Subparagraph FC-1.11.1 (f) is complied with if the country risk is adequately mitigated by the group’s AML/CFT policies.
                Added: October 2023

              • FC-1.11.3

                This Section does not apply to outsourcing or agency arrangements in which the outsourced entity applies the CDD measures on behalf of the delegating licensee, in accordance with its procedures.

                Added: October 2023

          • FC-2 FC-2 AML / CFT Systems and Controls

            • FC-2.1 FC-2.1 General Requirements

              • FC-2.1.1

                Licensees must take reasonable care to establish and maintain appropriate systems and controls for compliance with the requirements of this Module and to limit their vulnerability to financial crime. These systems and controls must be documented, and approved and reviewed annually by the Board of the licensee. The documentation, and the Board's review and approval, must be made available upon request to the CBB.

                October 2010

              • FC-2.1.2

                The above systems and controls, and associated documented policies and procedures, should cover standards for customer acceptance, on-going monitoring of high-risk accounts, staff training and adequate screening procedures to ensure high standards when hiring employees.

                October 2010

              • FC-2.1.3

                Licensees must incorporate Key Performance Indicators (KPIs) to ensure compliance with AML/CFT requirements by all staff. The performance against the KPIs must be adequately reflected in their annual performance evaluation and in their remuneration (See also Paragraph HC-5.4.2 for Financing Companies and Microfinance Institutions, HC-5.2.4 for Ancillary Service Providers and HC-4.2.1 for Money Changers).

                Amended: January 2021
                Added: April 2020

              • FC-2.1.4

                In implementing the policies, procedures and monitoring tools for ensuring compliance with Paragraph FC-2.1.3, licensees should consider the following:

                (a) The business policies and practices should be designed to reduce incentives for staff to expose the licensee to AML/CFT compliance risk;
                (b) The performance measures of departments/divisions/units and personnel should include measures to address AML/CFT compliance obligations;
                (c) AML/CFT compliance breaches and deficiencies should be attributed to the relevant departments/divisions/units and personnel within the organisation as appropriate;
                (d) Remuneration and bonuses should be adjusted for AML/CFT compliance breaches and deficiencies; and
                (e) Both quantitative measures and human judgement should play a role in determining any adjustments to the remuneration and bonuses resulting from the above.
                Added: April 2020

              • FC-2.1.5

                Licensees that use remitting agents must include them in their AML/CFT programmes and monitor them for compliance with these programmes.”

                Added: January 2022

            • FC-2.2 FC-2.2 Ongoing Customer Due Diligence and Transaction Monitoring

              • Risk Based Monitoring

                • FC-2.2.1

                  Licensees must develop risk-based monitoring systems appropriate to the complexity of their business, their number of customers and types of transactions. These systems must be configured to identify significant or abnormal transactions or patterns of activity. Such systems must include limits on the number, types or size of transactions undertaken outside expected norms; and must include limits for cash and non-cash transactions.

                  October 2010

                • FC-2.2.2

                  Licensees' risk-based monitoring systems should therefore be configured to help identify:

                  (a) Transactions which do not appear to have a clear purpose or which make no obvious economic sense;
                  (b) Significant or large transactions not consistent with the normal or expected behavior of a customer; and
                  (c) Unusual patterns of activity (relative to other customers of the same profile or of similar types of transactions, for instance because of differences in terms of volumes, transaction type, or flows to or from certain countries), or activity outside the expected or regular pattern of a customer's account activity.
                  October 2010

              • Automated Transaction Monitoring

                • FC-2.2.3

                  Licensees must consider the need to include automated transaction monitoring as part of their risk-based monitoring systems to spot abnormal or unusual flows of funds. In the absence of automated transaction monitoring systems, all transactions above BD 6,000 must be viewed as "significant" and be captured in a daily transactions report for monitoring by the MLRO or a relevant delegated official, and records retained by the licensee for five years after the date of the transaction.

                  October 2010

                • FC-2.2.3A

                  In the case of trust service providers (or any other licensee that does not handle customer funds) such licensees should monitor bank statements and other records to ensure that they are aware of "significant" transactions on a timely basis.

                  Added: April 2013

                • FC-2.2.4

                  The CBB would expect larger licensees to include automated transaction monitoring as part of their risk-based monitoring systems. See also Chapters FC-4 and FC-7, regarding the responsibilities of the MLRO and record-keeping requirements.

                  October 2010

              • Unusual Transactions or Customer Behaviour

                • FC-2.2.5

                  Where a licensee's risk-based monitoring systems identify significant or abnormal transactions (as defined in Paragraphs FC-2.2.2 and FC-2.2.3), it must verify the source of funds for those transactions, particularly where the transactions are above the transactions threshold of BD 6,000. Furthermore, licensees must examine the background and purpose to those transactions and document their findings. In the case of one-off transactions where there is no ongoing account relationship, the licensee must file an STR if it is unable to verify the source of funds to its satisfaction (see Chapter FC-5).

                  Amended: January 2022
                  October 2010

                • FC-2.2.6

                  The investigations required under Paragraph FC-2.2.5 must be carried out by the MLRO (or relevant delegated official). The documents relating to these findings must be maintained for five years from the date when the transaction was completed (see also Subparagraph FC-7.1.1 (b)).

                  October 2010

                • FC-2.2.7

                  Licensees must consider instances where there is a significant, unexpected or unexplained change in customer activity.

                  October 2010

                • FC-2.2.8

                  When an existing customer closes one account and opens another, the licensee must review its customer identity information and update its records accordingly. Where the information available falls short of the requirements contained in Chapter FC-1, the missing or out of date information must be obtained and re-verified with the customer.

                  October 2010

                • FC-2.2.9

                  Once identification procedures have been satisfactorily completed and, as long as records concerning the customer are maintained in line with Chapters FC-1 and FC-7, no further evidence of identity is needed when transactions are subsequently undertaken within the expected level and type of activity for that customer, provided reasonably regular contact has been maintained between the parties and no doubts have arisen as to the customer's identity.

                  October 2010

              • On-going Monitoring

                • FC-2.2.10

                  Licensees must take reasonable steps to:

                  (a) Scrutinize transactions undertaken throughout the course of that relationship to ensure that transactions being conducted are consistent with the licensee's knowledge of the customer, their business risk and risk profile; and
                  (b) Ensure that they receive and maintain up-to-date and relevant copies of the identification documents specified in Chapter FC-1, by undertaking reviews of existing records, particularly for higher risk categories of customers. Licensees must require all customers to provide up-to-date identification documents in their standard terms and conditions of business.
                  Amended: October 2017
                  October 2010

                • FC-2.2.11

                  Licensees must review and update their customer due diligence information at least every three years, particularly for higher risk categories of customers. If, upon performing such a review, copies of identification documents are more than 12 months out of date, the licensee must take steps to obtain updated copies as soon as possible.

                  Amended: October 2017
                  October 2010

          • FC-3 FC-3 Money Transfers and Alternative Remittances

            • FC-3.1 FC-3.1 Electronic Transfers

              • Outward Transfers

                • FC-3.1.1

                  Licensees must include all required originator information details with the accompanying electronic transfers of funds they make on behalf of their customers. Non-routine transfers must not be batched, if batching increases the risks of money laundering or terrorist financing. This obligation does not apply where the transfer is made by a licensee acting as principal or acting on behalf of another licensee as principal such as in the case of payment of spot FX transactions.

                  October 2010

                • FC-3.1.2

                  For the purposes of this Chapter, "Originator Information" means:

                  (a) The name of the payer;
                  (b) The address of the payer; and
                  (c) The unique customer or transaction or account number of the payer.
                  Amended: April 2012
                  October 2010

                • FC-3.1.3

                  It is not necessary for the recipient institution to pass the originator information on to the payee. The obligation is discharged simply by notifying the recipient institution of the originator information at the time the transfer is made.

                  October 2010

              • Inward Transfers

                • FC-3.1.4

                  Licensees must:

                  (a) Maintain records (in accordance with Chapter FC-7 of this Module) of all originator information received with an inward transfer (see Section FC-1.10 for simplified arrangements for transfers below US$1,000); and
                  (b) Carefully scrutinise inward transfers which do not contain originator information (i.e. full name, address and account number or a unique customer identification number – see Paragraph FC-1.9.1 for simplified arrangements). Licensees must presume that such transfers are "suspicious transactions" and pass them to the MLRO for review for determination as to possible filing of an STR, unless (a), the sending institution is able to promptly (i.e. within two business days) advise the licensee in writing of the originator information upon the licensee's request; or (b), the sending institution and the licensee are acting on their own behalf (as principals); or (c), the inward transfer is below US$1,000 or equivalent in other currencies.
                  Amended: April 2012
                  October 2010

              • Rejecting Payment Transactions

                • FC-3.1.5

                  Licensees have the right to reject (i.e. reverse) any payment transaction/ money transfer where it has come to their knowledge that the relevant customer did not actually initiate the transaction instruction/ money transfer instruction. Licensees must file a Suspicious Transactions Report for such cases.

                  Added: January 2021

              • Originating Financial Institution

                • FC-3.1.6

                  Licensees acting as originating financial institution must ensure that wire transfers contain required and accurate originator information, and the required beneficiary information.

                  Added: January 2022

                • FC-3.1.7

                  Licensees acting as originating financial institution must maintain all originator and beneficiary information collected in accordance with Paragraph FC-7.1.1.

                  Added: January 2022

                • FC-3.1.8

                  Licensees acting as originating financial institution must not execute the wire transfer if it does not comply with the requirements of Paragraphs FC-3.1.6 and FC-3.1.7.

                  Added: January 2022

              • Intermediary Financial Institution/Bank

                • FC-3.1.9

                  For cross-border wire transfers, licensees processing an intermediary element of such chains of wire transfers must ensure that all originator and beneficiary information that accompanies a wire transfer is retained with it.

                  Added: January 2022

                • FC-3.1.10

                  Where technical limitations prevent the required originator or beneficiary information accompanying a cross-border wire transfer from remaining with a related domestic wire transfer, a record must be kept, for at least five years, by the receiving intermediary licensees of all the information received from the originating financial institution or another intermediary financial institution/bank.

                  Added: January 2022

                • FC-3.1.11

                  Licensees acting as an intermediary financial institution must take reasonable measures to identify cross border wire transfers that lack required originator information or required beneficiary information. Such measures must be consistent with straight through processing.

                  Added: January 2022

                • FC-3.1.12

                  Licensees acting as an intermediary financial institution must have effective risk-based policies and procedures for determining:

                  (a) When to execute, reject, or suspend a wire transfer lacking required originator or required beneficiary information; and
                  (b) The appropriate follow-up action.
                  Added: January 2022

              • Beneficiary Financial Institution

                • FC-3.1.13

                  A licensee acting as beneficiary financial institution must take reasonable measures to identify cross-border wire transfers that lack required originator or required beneficiary information. Such measures may include post-event monitoring or realtime monitoring where feasible.

                  Added: January 2022

                • FC-3.1.14

                  For wire transfers, a licensee acting as a beneficiary financial institution must verify the identity of the beneficiary, if the identity has not been previously verified, and maintain this information in accordance with Paragraph FC-7.1.1.

                  Added: January 2022

                • FC-3.1.15

                  A licensee acting as a beneficiary financial institution must have effective risk-based policies and procedures for determining:

                  (a) When to execute, reject, or suspend a wire transfer lacking required originator or required beneficiary information; and
                  (b) The appropriate follow-up action.
                  Added: January 2022

            • FC-3.2 FC-3.2 Remittances on Behalf of other Money Transferors

              • FC-3.2.1

                Whenever a licensee uses the services of Authorised Money Transferors to effect the transfer of funds for a customer to a person or organisation in another country, that licensee must, in respect of the amount so transferred, maintain records of:

                (a) The identity of its customer(s) in accordance with Chapters FC-1 and FC-7 of this Module; and
                (b) The exact amount transferred for each such customer (particularly where a single transfer is effected for more than one customer).
                Amended: April 2012
                October 2010

              • FC-3.2.2

                Licensees must be able to produce this information for inspection immediately upon request by the CBB.

                October 2010

              • FC-3.2.3

                Licensees must not transfer funds for customers to a person or organisation in another country by any means other than through an Authorised Money Transferor. Where a licensee is found to be in contravention of this rule, the CBB will not hesitate to impose sanctions upon that licensee (and in serious cases may revoke the license).

                October 2010

          • FC-4 FC-4 Money Laundering Reporting Officer (MLRO)

            • FC-4.1 FC-4.1 Appointment of MLRO

              • FC-4.1.1

                Licensees must appoint a Money Laundering reporting officer ("MLRO"). The MLRO must be approved by the CBB prior to his appointment. The position of MLRO is a controlled function and the MLRO is an approved person.

                October 2010

              • FC-4.1.2

                For details of CBB's requirements regarding controlled functions and approved persons, see Section AU-1.2. Amongst other things, approved persons require CBB approval before being appointed, which is granted only if they are assessed as 'fit and proper' for the function in question. A completed Form 3 must accompany any request for CBB approval.

                October 2010

              • FC-4.1.3

                The position of MLRO must not be combined with functions that create potential conflicts of interest, such as an internal auditor or business line head. The position of MLRO may not be outsourced.

                October 2010

              • FC-4.1.4

                Subject to Paragraph FC-4.1.2, however, the position of MLRO may otherwise be combined with other functions in the licensee, such as that of Compliance Officer, in cases where the volume and geographical spread of the business is limited and, therefore, the demands of the function are not likely to require a full time resource.

                October 2010

              • FC-4.1.4A

                For purposes of Paragraphs FC-4.1.3 and FC-4.1.4 above, licensees must clearly state in the Application for Approved Person Status — Form 3 — when combining the MLRO or DMLRO position with any other position within the licensee.

                Added: October 2017

              • FC-4.1.5

                Licensees must appoint a deputy MLRO to act for the MLRO in his absence. The deputy MLRO must be resident in Bahrain unless otherwise agreed with the CBB.

                October 2010

              • FC-4.1.6

                Licensees should note that although the MLRO may delegate some of his functions, either within the licensee or even possibly (in the case of larger groups) to individuals performing similar functions for other group entities, the responsibility for compliance with the requirements of this Module remains with the licensee and the designated MLRO. The deputy MLRO should be able to support the MLRO discharge his responsibilities and to deputise for him in his absence.

                October 2010

              • FC-4.1.7

                So that he can carry out his functions effectively, licensees must ensure that their MLRO:

                (a) Is a member of senior management of the licensee;
                (b) Has a sufficient level of seniority within the licensee, has the authority to act without interference from business line management and has direct access to the board and senior management (where necessary);
                (c) Has sufficient resources, including sufficient time and (if necessary) support staff, and has designated a replacement to carry out the function should the MLRO be unable to perform his duties;
                (d) Has unrestricted access to all transactional information relating to any financial services provided by the licensee to a customer, or any transactions conducted by the licensee on behalf of that customer;
                (e) Is provided with timely information needed to identify, analyse and effectively monitor customer accounts;
                (f) Has access to all customer due diligence information obtained by the licensee; and
                (g) Is resident in Bahrain.
                Amended: April 2012
                October 2010

              • FC-4.1.8

                In addition, licensees must ensure that their MLRO is able to:

                (a) Monitor the day-to-day operation of its policies and procedures relevant to this Module; and
                (b) Respond promptly to any reasonable request for information made by the Financial Intelligence Directorate or the CBB.
                Amended: October 2019
                October 2010

              • FC-4.1.9

                If the position of MLRO falls vacant, the licensee must appoint a permanent replacement (after obtaining CBB approval), within 120 calendar days of the vacancy occurring. Pending the appointment of a permanent replacement, the licensee must make immediate interim arrangements (including the appointment of an acting MLRO) to ensure continuity in the MLRO function's performance. These interim arrangements must be approved by the CBB.

                October 2010

            • FC-4.2 FC-4.2 Responsibilities of the MLRO

              • FC-4.2.1

                The MLRO is responsible for:

                (a) Establishing and maintaining the licensee's AML/CFT policies and procedures;
                (b) Ensuring that the licensee complies with the AML Law and any other applicable AML/CFT legislation and this Module;
                (c) Ensuring day-to-day compliance with the licensee's own internal AML/CFT policies and procedures;
                (d) Acting as the licensee's main point of contact in respect of handling internal suspicious transactions reports from the licensee's staff (refer to Section FC-5.1) and as the main contact for the Financial Intelligence Directorate, the CBB and other concerned bodies regarding AML/CFT;
                (e) Making external suspicious transactions reports to the Financial Intelligence Directorate and the Compliance Directorate (refer to Section FC-5.2);
                (f) Taking reasonable steps to establish and maintain adequate arrangements for staff awareness and training on AML/CFT matters (whether internal or external), as per Chapter FC-6;
                (g) Producing annual reports on the effectiveness of the licensee's AML / CFT controls, for consideration by senior management, as per Paragraph FC-4.3.3;
                (h) On-going monitoring of what may, in his opinion, constitute high-risk customer accounts; and
                (i) Maintaining all necessary CDD, transactions, STR and staff training records for the required periods (refer to Section FC-7.1).
                Amended: October 2019
                October 2010

            • FC-4.3 FC-4.3 Compliance Monitoring

              • Annual Compliance Review

                • FC-4.3.1

                  A licensee must review the effectiveness of its AML/CFT procedures, systems and controls at least once each calendar year. The review must cover the licensee and its branches and subsidiaries both inside and outside the Kingdom of Bahrain. A licensee must monitor the implementation of those controls and enhance them if necessary. The scope of the review must include:

                  (a) A report, containing the number of internal reports made in accordance with Section FC-5.1, a breakdown of all the results of those internal reports and their outcomes for each segment of the licensee's business, and an analysis of whether controls or training need to be enhanced;
                  (b) A report, indicating the number of external reports made in accordance with Section FC-5.2 and, where a licensee has made an internal report but not made an external report, noting why no external report was made;
                  (c) A sample test of compliance with this Module's customer due diligence requirements; and
                  (d) A report as to the quality of the licensee's anti-money laundering procedures, systems and controls, and compliance with the AML Law and this Module.
                  Amended: January 2022
                  October 2010

                • FC-4.3.2

                  The reports listed under Subparagraphs FC-4.3.1 (a) and (b) must be made by the MLRO. The sample testing and report required under Subparagraphs FC-4.3.1 (c) and (d) must be made by the licensee's external auditor or a consultancy firm approved by the CBB.

                  Amended: January 2022
                  Amended: April 2012
                  October 2010

                • FC-4.3.2A

                  In order for a consultancy firm to be approved by the CBB for the purposes of Paragraph FC-4.3.2, such firm should provide the CBB's Compliance Directorate with:

                  (a) A sample AML/CFT report prepared for a financial institution;
                  (b) A list of other AML/CFT related work undertaken by the firm;
                  (c) A list of other audit/review assignments undertaken, specifying the nature of the work done, date and name of the licensee; and
                  (d) An outline of any assignment conducted for or in cooperation with an international audit firm.
                  Added: April 2012

                • FC-4.3.2B

                  The firm should indicate which personnel (by name) will work on the report (including, where appropriate, which individual will be the team leader) and demonstrate that all such persons have appropriate qualifications in one of the following areas:

                  (a) Audit;
                  (b) Accounting;
                  (c) Law; or
                  (d) Banking/Finance.
                  Added: April 2012

                • FC-4.3.2C

                  At least two persons working on the report (one of whom would normally expected to be the team leader) should have:

                  (a) A minimum of 5 years professional experience dealing with AML/CFT issues; and
                  (b) Formal AML/CFT training.
                  Added: April 2012

                • FC-4.3.2D

                  Submission of a curriculum vitae for all personnel to be engaged on the report is encouraged for the purposes of evidencing the above requirements.

                  Added: April 2012

                • FC-4.3.2E

                  Upon receipt of the above required information, the CBB Compliance Directorate will assess the firm and communicate to it whether it meets the criteria required to be approved by the CBB for this purpose. The CBB may also request any other information it considers necessary in order to conduct the assessment.

                  Added: April 2012

                • FC-4.3.3

                  The reports listed under Paragraph FC-4.3.1 must be submitted to the licensee's Board, for it to review and commission any required remedial measures, and copied to the licensee's senior management.

                  October 2010

                • FC-4.3.4

                  The purpose of the annual compliance review is to assist a licensee's Board and senior management to assess, amongst other things, whether internal and external reports are being made (as required under Chapter FC-5), and whether the overall number of such reports (which may otherwise appear satisfactory) does not conceal inadequate reporting in a particular segment of the licensee's business (or, where relevant, in particular branches or subsidiaries). Licensees should use their judgement as to how the reports listed under Subparagraphs FC-4.3.1 (a) and (b) should be broken down in order to achieve this aim (e.g. by branches, departments, product lines, etc).

                  October 2010

                • FC-4.3.5

                  Licensees must instruct their appointed firm to produce the report referred to in Subparagraphs FC-4.3.1 (c) and (d). The report must be submitted to the CBB by the 30th of June of the following year. The findings of this review must be received and acted upon by the licensee.

                  Amended: January 2022
                  Amended: January 2020
                  Amended: April 2012
                  Added: October 2010

                • FC-4.3.6

                  [This Paragraph has been deleted in January 2022].

                  Deleted: January 2022
                  Amended: April 2012
                  October 2010

                • FC-4.3.7

                  [This Paragraph has been deleted in January 2022].

                  Deleted: January 2022
                  Amended: January 2020
                  Added: October 2010

          • FC-5 FC-5 Suspicious Transaction Reporting

            • FC-5.1 FC-5.1 Internal Reporting

              • FC-5.1.1

                Licensees must implement procedures to ensure that staff who handle customer business (or are managerially responsible for such staff) make a report promptly to the MLRO if they know or suspect that a customer (or a person on whose behalf a customer may be acting) is engaged in money laundering or terrorism financing, or if the transaction or the customer's conduct otherwise appears unusual or suspicious. These procedures must include arrangements for disciplining any member of staff who fails, without reasonable excuse, to make such a report.

                October 2010

              • FC-5.1.2

                Where licensees' internal processes provide for staff to consult with their line managers before sending a report to the MLRO, such processes must not be used to prevent reports reaching the MLRO, where staff have stated that they have knowledge or suspicion that a transaction may involve money laundering or terrorist financing.

                October 2010

            • FC-5.2 FC-5.2 External Reporting

              • FC-5.2.1

                Licensees must take reasonable steps to ensure that all reports made under Section FC-5.1 are considered by the MLRO (or his duly authorised delegate). Having considered the report and any other relevant information the MLRO (or his duly authorised delegate), if he still suspects that a person has been engaged in money laundering or terrorism financing, or the activity concerned is otherwise still regarded as suspicious, must report the fact promptly to the relevant authorities. Where no report is made, the MLRO must document the reasons why.

                October 2010

              • FC-5.2.2

                To take reasonable steps, as required under Paragraph FC-5.2.1, licensees must:

                (a) Require the MLRO to consider reports made under Section FC-5.1.1 in the light of all relevant information accessible to or reasonably obtainable by the MLRO;
                (b) Permit the MLRO to have access to any information, including know your customer information, in the licensee's possession which could be relevant; and
                (c) Ensure that where the MLRO, or his duly authorised delegate, suspects that a person has been engaged in money laundering or terrorist financing, a report is made by the MLRO which is not subject to the consent or approval of any other person.
                October 2010

              • FC-5.2.3

                Reports to the relevant authorities made under Paragraph FC-5.2.1 must be sent to the Financial Intelligence Directorate at the Ministry of Interior, and CBB's Compliance Directorate using the Suspicious Transaction Reporting Online System (Online STR system). STRs in paper format will not be accepted.

                Amended: October 2019
                Amended: July 2016
                Amended: October 2014
                October 2010

              • FC-5.2.4

                Licensees must report all suspicious transactions or attempted transactions. This reporting requirement applies regardless of whether the transaction involves tax matters.

                October 2010

              • FC-5.2.5

                Licensees must retain all relevant details of STRs submitted to the relevant authorities, for at least five years.

                Amended: October 2014
                October 2010

              • FC-5.2.6

                In accordance with the AML Law, licensees, their directors, officers and employees:

                (a) Must not warn or inform ("tipping off") their customers, the beneficial owner or other subjects of the STR when information relating to them is being reported to the relevant authorities; and
                (b) In cases where licensees form a suspicion that transactions relate to money laundering or terrorist financing, they must take into account the risk of tipping-off when performing the CDD process. If the licensee reasonably believes that performing the CDD process will tip-off the customer or potential customer, it may choose not to pursue that process, and must file an STR.
                Amended: January 2018
                October 2010

            • FC-5.3 FC-5.3 Contacting the Relevant Authorities

              • FC-5.3.1

                Reports made by the MLRO or his duly authorised delegate under Section FC-5.2 must be sent electronically using the Suspicious Transaction Reporting Online System (Online STR system).

                Amended: October 2014
                October 2010

              • FC-5.3.2

                The relevant authorities are:
                Financial Intelligence Directorate (FID)
                Ministry of Interior
                P.O. Box 26698
                Manama, Kingdom of Bahrain
                Telephone: + 973 17 749397
                Fax: + 973 17 715502
                E-mail: bahrainfid@moipolice.bh

                Director of Compliance Directorate
                Central Bank of Bahrain
                P.O. Box 27
                Manama, Kingdom of Bahrain
                Telephone: 17 547107
                Fax: 17 535673
                E-mail: Compliance@cbb.gov.bh

                Amended: October 2019
                Added: October 2014

          • FC-6 FC-6 Staff Training and Recruitment

            • FC-6.1 FC-6.1 General Requirements

              • FC-6.1.1

                A licensee must take reasonable steps to provide periodic training and information to ensure that staff who handle customer transactions, or are managerially responsible for such transactions, are made aware of:

                (a) Their responsibilities under the AML Law, this Module, and any other relevant AML/CFT laws and regulations;
                (b) The identity and responsibilities of the MLRO and his deputy;
                (c) The potential consequences, both individual and corporate, of any breach of the AML Law, this Module and any other relevant AML/CFT laws or regulations;
                (d) The licensee's current AML/CFT policies and procedures;
                (e) Money laundering and terrorist financing typologies and trends;
                (f) The type of customer activity or transaction that may justify an internal report in accordance with Section FC-5.1;
                (g) The licensee's procedures for making internal report in accordance with Section FC-5.1; and
                (h) Customer due diligence measures with respect to establishing business relations with customers.
                October 2010

              • FC-6.1.2

                The information referred to in Paragraph FC-6.1.1 must be brought to the attention of relevant new employees of licensees, and must remain available for reference by staff during their period of employment.

                October 2010

              • FC-6.1.3

                Relevant new employees must be given AML/CFT training within three months of joining a licensee.

                October 2010

              • FC-6.1.4

                Licensees must ensure that their AML/CFT training for relevant staff remains up-to-date, and is appropriate given the licensee's activities and customer base.

                October 2010

              • FC-6.1.5

                The CBB would normally expect AML/CFT training to be provided to relevant staff at least once a year.

                October 2010

              • FC-6.1.6

                Licensees must develop adequate screening procedures to ensure high standards when hiring employees. These procedures must include controls to prevent criminals or their associates from being employed by licensees.

                October 2010

              • FC-6.1.6A

                [This Paragraph was deleted in January 2022].

                Deleted: January 2022
                Added: January 2021

          • FC-7 FC-7 Record Keeping

            • FC-7.1 FC-7.1 General Requirements

              • CDD and Transaction Records

                • FC-7.1.1

                  Licensees must comply with the record keeping requirements contained in the AML Law and in the CBB Law. Licensees must therefore retain adequate records (including accounting and identification records), for the following minimum periods:

                  (a) For customers, in relation to evidence of identity and business relationship records (such as application forms and business correspondence), for at least five years after the customer relationship has ceased; and
                  (b) For transactions, in relation to documents enabling a reconstitution of the transaction concerned, for at least five years after the transaction was completed.
                  October 2010

              • Compliance Records

                • FC-7.1.2

                  Licensees must retain copies of the reports produced for their annual compliance review, as specified in Paragraph FC-4.3.1, for at least five years. Licensees must also maintain for 5 years reports made to, or by, the MLRO made in accordance with Sections FC-5.1 and 5.2, and records showing how these reports were dealt with and what action, if any, was taken as a consequence of those reports.

                  October 2010

              • Training Records

                • FC-7.1.3

                  Licensees must maintain for at least five years, records showing the dates when AML/CFT training was given, the nature of the training, and the names of the staff that received the training.

                  October 2010

              • Access

                • FC-7.1.4

                  All records required to be kept under this Section must be made available available (in hard copy or electronic form, where the concerned law(s) allow electronic records to be kept) for prompt and swift access by the relevant authorities or other authorised persons.

                  Amended: October 2014
                  Amended: April 2013
                  October 2010

          • FC-8 FC-8 AML & CFT Measures

            • FC-8.1 FC-8.1 Special Measures for Non-Cooperative Countries or Territories ('NCCTs')

              • FC-8.1.1

                Licensees must give special attention to any dealings they may have with entities or persons domiciled in countries or territories which are:

                (a) Identified by the FATF as being "non-cooperative"; or
                (b) Notified to licensees from time to time by the CBB.
                October 2010

              • FC-8.1.2

                Whenever transactions with such parties have no apparent economic or visible lawful purpose, their background and purpose must be reexamined and the findings documented. If suspicions remain about the transaction, these must be reported to the relevant authorities in accordance with Section FC-5.2.

                October 2010

              • FC-8.1.3

                Licensees must apply enhanced due diligence measures to business relationships and transactions with natural and legal persons, and financial institutions, from countries where such measures are called for by the FATF. The type of enhanced due diligence measures applied must be effective and proportionate to the risks.

                Added: January 2018

              • FC-8.1.4

                With regard to the jurisdictions identified as NCCTs or those which in the opinion of the CBB, do not have adequate AML/CFT systems, the CBB reserves the right to:

                (a) Refuse the establishment of subsidiaries or branches or representative offices of financial institutions from such jurisdictions;
                (b) Limit business relationships or financial transactions with such jurisdictions or persons in those jurisdictions;
                (c) Prohibit financial institutions from relying on third parties located in such jurisdictions to conduct elements of the CDD process;
                (d) Require financial institutions to review and amend, or if necessary terminate, correspondent relationships with financial institutions in such jurisdictions;
                (e) Require increased supervisory examination and/or external audit requirements for branches and subsidiaries of financial institutions based in such jurisdictions; or
                (f) Require increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in such jurisdictions.
                Added: January 2018

            • FC-8.2 FC-8.2 Terrorist Financing

              • FC-8.2.1AA

                Licensees must implement and comply with United Nations Security Council resolutions relating to the prevention and suppression of terrorism and terrorist financing. Licensees must freeze, without delay, the funds or other assets of, and to ensure that no funds or other assets are made available, directly or indirectly, to or for the benefit of, any person or entity either (i) designated by, or under the authority of, the United Nations Security Council under Chapter VII of the Charter of the United Nations, including in accordance with resolution 1267(1999) and its successor resolutions as well as Resolution 2178(2014) or (ii) designated as pursuant to Resolution 1373(2001).

                Amended: October 2019
                Added: April 2017

              • FC-8.2.1

                Licensees must comply in full with the provisions of the UN Security Council Anti-terrorism Resolution No. 1373 of 2001 ('UNSCR 1373').

                October 2010

              • FC-8.2.2

                [This Paragraph was deleted in January 2018].

                Deleted: January 2018
                October 2010

              • FC-8.2.3

                A copy of UNSCR 1373 is included in Part B of Volume 5 (Specialised Licensees), under 'Supplementary Information' on the CBB Website.

                October 2010

              • FC-8.2.4

                Licensees must report to the CBB details of:

                (a) Funds or other financial assets or economic resources held with them which may be the subject of Article 1, paragraphs c) and d) of UNSCR 1373;
                (b) All claims, whether actual or contingent, which the licensee has on persons and entities which may be the subject of Article 1, paragraphs c) and d) of UNSCR 1373; and
                (c) All assets frozen or actions taken in compliance with the prohibition requirements of the relevant UNSCRs, including attempted transactions.
                Amended: January 2023
                October 2010

              • FC-8.2.5

                For the purposes of Paragraph FC-8.2.4, 'funds or other financial resources' includes (but is not limited to) shares in any undertaking owned or controlled by the persons and entities referred to in Article 1, paragraph c) and d) of UNSCR 1373, and any associated dividends received by the licensee.

                October 2010

              • FC-8.2.6

                All reports or notifications under this Section must be made to the CBB's Compliance Directorate.

                October 2010

              • FC-8.2.7

                See Section FC-5.3 for the Compliance Directorate's contact details.

                October 2010

            • FC-8.3 FC-8.3 Designated Persons and Entities

              • FC-8.3.1

                Without prejudice to the general duty of all licensees to exercise the utmost care when dealing with persons or entities who might come under Article 1, paragraphs (c) and (d) of UNSCR 1373, licensees must not deal with any persons or entities designated by the CBB as potentially linked to terrorist activity.

                October 2010

              • FC-8.3.2

                The CBB from time to time issues to licensees lists of designated persons and entities believed linked to terrorism. Licensees are required to verify that they have no dealings with these designated persons and entities, and report back their findings to the CBB. Names designated by the CBB include persons and entities designated by the United Nations, under UN Security Council Resolution 1267 ("UNSCR 1267").

                October 2010

              • FC-8.3.3

                Licensees must report to the relevant authorities, using the procedures contained in Section FC-5.2, details of any accounts or other dealings with designated persons and entities, and comply with any subsequent directions issued by the relevant authorities.

                October 2010

          • FC-9 FC-9 Enforcement Measures

            • FC-9.1 FC-9.1 Regulatory Penalties

              • FC-9.1.1

                Without prejudice to any other penalty imposed by the CBB Law, the AML Law No. 4 or the Penal Code of the Kingdom of Bahrain, failure by a licensee to comply with this Module or any direction given hereunder shall result in the levying by the CBB, without need of a court order and at the CBB's discretion, of a fine of up to BD 20,000.

                October 2010

              • FC-9.1.2

                Module EN provides further information on the assessment of financial penalties and the criteria taken into account prior to imposing such fines (reference to Paragraph EN-5.1.4). Other enforcement measures may also be applied by the CBB in response to a failure by a licensee to comply with this Module; these other measures are also set out in Module EN.

                October 2010

              • FC-9.1.3

                The CBB will endeavor to assist licensees to interpret and apply the requirements of this Module. Licensees may seek clarification on any issue by contacting the Compliance Directorate (see Section FC-5.3 for contact details).

                October 2010

              • FC-9.1.4

                Without prejudice to the CBB's general powers under the law, the CBB may amend, clarify or issue further directions on any provision of this Module from time to time, by notice to its licensees.

                October 2010

          • FC-10 FC-10 AML / CFT Guidance and Best Practice

            • FC-10.1 FC-10.1 Guidance Provided by International Bodies

              • FATF: 40 Recommendations and 9 Special Recommendations

                • FC-10.1.1

                  The Forty Recommendations (see www.fatf-gafi.org) and Nine Special Recommendations (together with their associated interpretative notes and best practices papers) issued by the Financial Action Task Force (FATF), provide the basic framework for combating money laundering activities and the financing of terrorism. FATF Recommendations 4-6, 8-11, 13-15, 17 and 21-23 as well as Special Recommendations IV, V, VII and the AML/CFT Methodology are specifically relevant to the financial institutions.

                  October 2010

                • FC-10.1.2

                  The relevant authorities in Bahrain believe that the principles established by these Recommendations and Special Recommendations should be followed by licensees in all material respects, as representing best practice and prudence in this area.

                  October 2010

              • Other Website References Relevant to AML/CFT

                • FC-10.1.3

                  The following lists a selection of other websites relevant to AML/CFT:

                  (a) The Middle East North Africa Financial Action Task Force: www.menafatf.org;
                  (b) The Egmont Group: www.egmontgroup.org;
                  (c) The United Nations: www.un.org/terrorism;
                  (d) The UN Counter-Terrorism Committee: www.un.org/Docs/sc/committees/1373/;
                  (e) The UN list of designated individuals: www.un.org/Docs/sc/committees/1267/1267ListEng.htm ;
                  (f) The Wolfsberg Group: www.wolfsberg-principles.com; and
                  (g) The Association of Certified Anti-Money Laundering Specialists: www.acams.org.
                  October 2010

          • FC-11 FC-11 Fraud

            • FC-11.1 FC-11.1 General Requirements

              • FC-11.1.1

                The requirements of this Chapter apply to all Specialised Licensees.

                October 2010

              • FC-11.1.2

                Licensees must ensure that they allocate appropriate resources and have in place systems and controls to deter, detect, and record instances of fraud or attempted fraud.

                October 2010

              • FC-11.1.3

                Fraud may arise from internal sources originating from changes or weaknesses to processes, products and internal systems and controls. Fraud can also arise from external sources, for instance through false invoicing or advance fee frauds.

                October 2010

              • FC-11.1.4

                Any actual or attempted fraud incident (however small) must be reported to the appropriate authorities (including the CBB) and followed up. Monitoring systems must be designed to measure fraud patterns that might reveal a series of related fraud incidents.

                October 2010

              • FC-11.1.5

                Licensees must ensure that a person, of sufficient seniority, is given overall responsibility for the prevention, detection and remedying of fraud within the organisation.

                October 2010

              • FC-11.1.6

                Licensees must ensure the effective segregation of functions and responsibilities, between different individuals and departments, such that the possibility of financial crime is reduced and that no single individual is able to initiate, process and control a transaction.

                October 2010

              • FC-11.1.7

                Licensees must provide regular training to their management and staff, to make them aware of potential fraud risks.

                October 2010

      • Enforcement & Redress

        • EN EN Enforcement

          • EN-A EN-A Introduction

            • EN-A.1 EN-A.1 Purpose

              • Executive Summary

                • EN-A.1.1

                  This Module sets out the Central Bank of Bahrain's ('CBB') approach to enforcement, and the measures used by the CBB to address failures by authorised persons to comply with its regulatory requirements (whether they be specialised licensees or approved persons). The purpose of such measures is to encourage a high standard of compliance by all those authorised by the CBB, thus reducing risk to customers and the financial system.

                  Amended: January 2011
                  October 2010

              • Legal Basis

                • EN-A.1.2

                  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 Central Bank of Bahrain and Financial institutions Law 2006 and its amendments ('CBB Law') is issued under the powers available to the CBB under Article 38 of the CBB Law. The Directive in this Module is applicable to all specialised licensees (including their approved persons).

                  Amended: April 2016
                  Amended: January 2011
                  October 2010

                • EN-A.1.3

                  For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

                  October 2010

                • EN-A.1.4

                  Specialised licensees who are also members of the Bahrain Stock Exchange ('BSE') are reminded that the BSE is also empowered to exercise its own enforcement powers by virtue of the Bahrain Stock Exchange Decree – Law No. 4 of 1987 (the 'BSE Law'). Article 14 of the BSE Law lays down a number of penalties which the disciplinary Board of the BSE may impose on persons who violate the BSE Law and/or the regulations made thereunder. In appropriate circumstances, the CBB may ask the BSE to consider the exercise of its powers under Article 14 in support of the enforcement objectives of the CBB.

                  October 2010

            • EN-A.2 EN-A.2 Module History

              • Evolution of Module

                • EN-A.2.1

                  This Module was first issued in October 2010. Any material changes that are subsequently made to this Module are annotated with the calendar quarter date in which the change is made; Chapter UG-3 provides further details on Rulebook maintenance and version control.

                  October 2010

                • EN-A.2.2

                  A list of recent changes made to this Module is provided below:

                  Module Ref. Change Date Description of Changes
                  EN-A.1.2 01/2011 Clarified legal basis.
                  EN-2 04/2012 Chapter has been streamlined and repetitive information has been eliminated and reference is now made to Section BR-3.5 for money changers and administrators or Module GR for representative offices.
                  EN-B.4.5 10/2012 Guidance changed to Rule.
                  EN-4.1.1 10/2012 Corrected typo.
                  EN-5.1.1 10/2012 Amended guidance.
                  EN-5.3A 10/2012 New Section added on financial penalties for date sensitive requirements.
                  EN-8.2.4 10/2012 Inserted missing word.
                  EN-9.3.1A 01/2013 Paragraph added to refer to Article 161 of the CBB Law.
                  EN-5.2.7 01/2016 Paragraph deleted and replaced as it is a repetition of EN-5.2.6.
                  EN-A.1.2 04/2016 Reference added to amendments to the CBB Law.
                  EN-B.1.4 04/2016 New guidance Paragraph added to broaden the scope of the application of financial penalties to persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law.
                  EN-5 04/2016 Amended to be in line with amendments to Article 129 of the CBB Law.
                  EN-B.4.5 07/2016 Corrected typo.
                  EN-5.3A.3 04/2017 Adjustment to Financial Penalties for Date Sensitive Requirements.
                  EN-5.3A.1 and 5.3A.2 07/2017 Added the requirement of HC as part of date sensitive requirements for financing companies.
                  EN-4.3.3 04/2019 Moved guideline to Section EN-B.2.
                  EN-6 04/2019 Deleted Chapter.
                  EN-B.4.5 10/2019 Amended Paragraph adding reference to Module BR
                  EN-5.2.2 10/2019 Amended Paragraph adding reference to Module BR.
                  EN-5.3B 04/2021 Added a new Section on ‘Financial Penalties for Non-compliance with Blocking/Unblocking Requirements’.

              • Superseded Requirements

                • EN-A.2.4

                  This Module replaces CBB Circular No. ODG/249/2004 (the "Enforcement Circular"), issued on 22 July 2004.

                  October 2010

          • EN-B EN-B Scope of Application

            • EN-B.1 EN-B.1 Scope

              • EN-B.1.1

                The contents of this Module mostly consist of Guidance material, explaining the different measures that the CBB can employ to ensure compliance with Volume 5 (Specialised Licensees). Certain Rules, applicable to specialised licensees, are however contained in Paragraphs EN-B.3.1, EN-B.4.5, EN-2.2.4, EN-2.2.10, EN-5.2.2 and EN-8.2.4 and Sections EN-2.4 and EN-2.5.

                October 2010

              • EN-B.1.2

                Chapters EN-1 to EN-9 of this Module are generally relevant to specialised licensees. In the case of overseas specialised licensees, the CBB's enforcement powers apply only to the branch operating in the Kingdom of Bahrain.

                October 2010

              • EN-B.1.3

                In addition, Chapters EN-8 and EN-9 of this Module are relevant to approved persons.

                October 2010

              • EN-B.1.4

                Section EN-5 dealing with financial penalties is applicable to specialised licensees as well as to persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law.

                April 2016

            • EN-B.2 EN-B.2 The CBB's Approach

              • EN-B.2.1

                The CBB favours an open, pragmatic and collaborative relationship with authorised persons, within the boundaries set by the CBB Law and Rulebook. Whilst the CBB wishes to avoid a legalistic and confrontational style of supervision, it believes that effective supervision requires effective and timely enforcement of its requirements. Should authorised persons fail to cooperate, then the CBB will use the means described in this Module to achieve compliance.

                October 2010

              • EN-B.2.2

                In the CBB's view, it is generally neither practical nor effective to prescribe in detail the exact regulatory response for each and every potential contravention. There are a large number of potential contraventions. Moreover, individual circumstances are unlikely to be identical in all cases, and may warrant different responses.

                October 2010

              • EN-B.2.3

                In deciding any given supervisory response, the CBB will nonetheless consistently assess the individual circumstance of each contravention against the principles described in this Module. The CBB's overall approach is to take into account:

                (a) The seriousness of the contravention concerned (including the risks posed to customers and other market participants);
                (b) The compliance track record of the authorised person concerned (including the extent to which the contravention reflects systemic weaknesses or reckless behaviour); and
                (c) Which measures are most likely to achieve the desired result of remedying the contravention.
                October 2010

              • EN-B.2.4

                Such an approach reduces the risk of inappropriate enforcement actions, by allowing regulatory measures to be tailored to individual circumstances. By taking into account an authorised person's compliance record and attitude, it also creates positive incentives and encourages an open and collaborative approach. By assessing individual cases against the same broad principles, the CBB also aims to achieve an overall consistency in its regulatory actions.

                October 2010

              • EN-B.2.5

                Underlying the CBB's approach outlined in Paragraph EN-B.2.3 is the fundamental principle of proportionality. The enforcement measures contained in this Module are of varying severity, and will be used accordingly in keeping with the CBB's assessment of the contravention. Thus, the CBB will reserve its most serious enforcement measures – such as cancellation of license or withdrawal of "fit and proper" status – for the most serious contraventions.

                October 2010

              • EN-B.2.6

                In keeping with the proportionality principle, and to the extent consistent with the CBB's enforcement approach in Paragraph EN-B.2.3, the CBB will usually opt for the least severe of appropriate enforcement measures. In most cases, the CBB expects to use a Formal Warning before resorting to more severe measures; the need for further measures will then usually be dependent on the response of the authorised person concerned.

                October 2010

              • EN-B.2.7

                Where a significant element of judgement is required to assess compliance with a requirement, the CBB will usually discuss the matter with the authorised person concerned, before using one of this Module's enforcement mechanisms. This is likely to be the case, for example, with respect to requirements for adequate systems and controls. Conversely, where there are clear-cut contraventions of CBB requirements, then the CBB will usually move immediately to one or more of the enforcement mechanisms outlined in this Module. This is more likely to occur in cases where quantitative requirements – such as those relating to capital and/or large exposures – are concerned. In most such cases, though, the CBB also expects to continue an active dialogue with the authorised person concerned, aimed at remedying the contravention.

                October 2010

              • EN-B.2.8

                Except in the limited circumstances outlined below, the CBB will usually only apply an enforcement measure after the authorised person concerned has been given a suitable opportunity to make representations. In the case of measures described in Chapters EN-6 and EN-7, certain procedures are set out in the CBB Law.

                October 2010

              • EN-B.2.9

                In extreme circumstances, where the CBB believes that immediate action is required to prevent real damage to Bahrain's financial markets, its users or to customers of the licensee concerned, it may amend or cancel a license, place a licensee under administration, or suspend a license (cf. Articles 48(g), 130(b) and 131 of the CBB Law).

                Added: April 2019

            • EN-B.3 EN-B.3 Prohibition on Insurance

              • EN-B.3.1

                To help the CBB achieve the purpose of this Module, specialised licensees may not enter into or make a claim under a contract of insurance that is intended to, or has the effect of, indemnifying them from the financial penalties provided for in this Module.

                October 2010

            • EN-B.4 EN-B.4 Publicity

              • EN-B.4.1

                The CBB will not as a matter of general policy publicise individual cases when it uses the measures described in Chapters EN-2 to EN-5, and EN-8. However, in such cases the CBB may inform (where relevant) an authorised person's external auditor and – in the case of licensees with overseas operations – relevant overseas regulators.

                October 2010

              • EN-B.4.2

                In exceptional circumstances, as allowed by Article 132 of the CBB Law, the CBB may decide to publicise individual cases when the measures set out in Chapters EN-2 to EN-5 and EN-8 are used, where there is a strong case that doing so would help achieve the CBB's supervisory objectives. In such instances, the CBB will usually allow the licensee or person concerned the opportunity to make representations to the CBB before a public statement is issued.

                October 2010

              • EN-B.4.3

                Without prejudice to the above policy, the CBB may from time to time publish aggregate information on its use of enforcement measures, without identifying the licensees or persons concerned, unless their identities have previously been disclosed as provided for in Paragraphs EN-B.4.1 or EN-B.4.2.

                October 2010

              • EN-B.4.4

                By their nature, the penalties in Chapters EN-6, EN-7 and EN-9 are public acts, once applied. The CBB will in these instances generally issue a public statement explaining the circumstances of the case.

                October 2010

              • EN-B.4.5

                If a financial penalty is imposed on a specialised licensee under the provision of Chapter EN-5, and it is subject to the requirements of Module PD (Public Disclosure) or Module BR (CBB Reporting Requirements), then the specialised licensee must disclose in the manner prescribed by Module PD or BR the amount of any financial penalties imposed by the CBB, together with a factual description of the reasons given by the CCB for the penalty.

                Amended: October 2019
                Amended: July 2016
                Amended: October 2012
                October 2010

              • EN-B.4.6

                Specialised licensees subject to a CBB enforcement measure (with the exception of formal requests for information) must inform their external auditor of the fact.

                October 2010

          • EN-1 EN-1 Formal Requests for Information

            • EN-1.1 EN-1.1 Legal Source

              • EN-1.1.1

                As part of its on-going supervision, under Articles 111 and 123 of the CBB Law, the CBB may specifically request information or temporary reporting from a licensee or individual. Recipients of such requests are bound to respond to such requests under the terms of their license.

                October 2010

            • EN-1.2 EN-1.2 Procedure

              • EN-1.2.1

                To clearly identify formal information requests, these will always be made in writing, under signature of a Director or more senior official of the CBB. They will include the statement, "This is a formal request for information as defined in Chapter 1 of Module EN of Volume 5 of the CBB Rulebook"; and will state the deadline by which the information is to be communicated to the CBB.

                October 2010

              • EN-1.2.2

                Failure to respond to such formal requests within the deadline set will be viewed as a significant breach of regulatory requirements and may result in a formal warning or other enforcement measure, specified under Articles 163 and 170 of the CBB Law, as decided by the CBB depending on the circumstances of the case.

                October 2010

              • EN-1.2.3

                The deadline set in the request will vary depending on individual circumstances. A recipient may submit a case for an extension to the deadline; it should do so as soon as possible if it believes that an extension will be required, and in any event prior to the passing of the original deadline. Unless otherwise directed by the CBB, the original deadline remains valid pending consideration by the CBB of a request for an extension. The CBB will respond before the original deadline has passed; if it fails to do so, then the requested extension will apply. Whilst waiting for a reply, the recipient must assume that the original deadline will apply.

                October 2010

              • EN-1.2.4

                The above procedures do not prevent individual CBB supervisors from making oral requests for information as part of their day-to-day interaction with authorised persons. The CBB expects authorised persons to maintain their cooperative response to such requests; however, in the interests of clarity, the CBB will not view failures to respond to oral requests as a breach of regulatory requirements.

                October 2010

          • EN-2 EN-2 Investigations

            • EN-2.1 EN-2.1 Legal Source

              • EN-2.1.1

                Articles 121 to 123 of the CBB Law empowers the CBB to order investigations of licensees, in order to help it assess a licensee's compliance with the provisions of the CBB Law. Such investigations may be carried out either by its own officials or appointed experts. Articles 111 and 124 require licensees to make available to the CBB's inspectors and appointed experts their books and other records, and to provide all relevant information within the time limits deemed reasonable by the inspectors and/or appointed experts.

                Amended: April 2012
                October 2010

              • EN-2.1.2

                Articles 163 and 170 of the CBB Law provide for criminal sanctions where false or misleading statements are made to the CBB, or an investigation by the CBB is otherwise obstructed (see Section EN-9.3).

                October 2010

            • EN-2.2 EN-2.2 CBB Policy

              • EN-2.2.1

                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: April 2012
                October 2010

              • EN-2.2.2

                Failure by licensees to cooperate fully with the CBB's inspectors, or its 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 guidance is supported by Article 114(a) of the CBB Law.

                Amended: April 2012
                October 2010

              • EN-2.2.3

                The CBB may appoint an individual or a firm as an appointed expert. Examples of appointed experts are lawyers and expert witnesses. The appointment of appointed experts is not necessarily indicative of a contravention of CBB requirements or suspicion of such a contravention. For instance, an appointed expert may be commissioned to provide an expert opinion on a technical matter.

                Amended: April 2012
                October 2010

              • EN-2.2.4

                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 the appointed experts is the property of the CBB (but is usually shared by the CBB with the firm concerned). The cost of the appointed experts' work must be borne by the licensee concerned.

                Amended: April 2012
                October 2010

              • EN-2.2.5

                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 costs of such investigations are met by the licensee, the CBB makes only selective use of appointed experts, when essential to supplement CBB's other supervisory tools and resources.

                Amended: April 2012
                October 2010

              • EN-2.2.6

                [This Paragraph was moved to Section BR-3.5 for money changers and administrators and the module GR for representative offices in April 2012.]

              • EN-2.2.7

                [This Paragraph was deleted in April 2012].

                Deleted: April 2012
                October 2010

              • EN-2.2.8

                [This Paragraph was deleted in April 2012].

                Deleted: April 2012
                October 2010

              • EN-2.2.9

                The CBB may commission reports, which require appointed experts to review information from another company within the reporting specialised licensee's group even when that other entity is not subject to any CBB requirements.

                Amended: January 2012
                October 2010

              • EN-2.2.10

                In accordance with Articles 114 and 123 of the CBB Law, specialised licensees must provide all relevant information and assistance to appointed experts on demand.

                Amended: April 2012
                October 2010

              • EN-2.2.11

                [This Paragraph was moved to Section BR-3.5 for money changers and administrators and the module GR for representative offices in April 2012.]

            • EN-2.3 EN-2.3 Procedure

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • EN-2.3.1

                All proposals for Appointed Experts require approval by an Executive Director or more senior official of the CBB. The appointment will be made in writing, and made directly with the experts concerned. A separate letter is sent to the licensee, notifying them of the appointment. At the CBB's discretion, a trilateral meeting may be held at any point, involving the CBB and representatives of the licensee and the Appointed Experts, to discuss any aspect of the investigation.

                October 2010

              • EN-2.3.2

                Following the completion of the investigation, the CBB will normally provide feedback on the findings of the investigation to the specialised licensee concerned.

                October 2010

            • EN-2.4 EN-2.4 The Required Report

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • EN-2.4.1

                The scope of the required report will be determined and detailed by the CBB in the appointment letter. Commissioned Appointed Experts will normally be required to report on one or more of the following aspects of a licensee's business:

                a) Accounting and other records;
                b) Internal control systems;
                c) Returns of information provided to the CBB;
                d) Operations of certain departments; and/or
                e) Other matters specified by the CBB.
                October 2010

              • EN-2.4.2

                Appointed Experts will be required to form an opinion on whether, during the period examined, the licensee is in compliance with the relevant provisions of the CBB Law and the CBB's relevant requirements, as well as other requirements of Bahrain Law and, where relevant, industry best practice locally and/or internationally.

                October 2010

              • EN-2.4.3

                The Appointed Experts report should follow the format set out in Appendix EN-1 in Part B of Rulebook Volume 4.

                October 2010

              • EN-2.4.4

                Unless otherwise directed by the CBB, the report must be discussed with the Board of Directors and/or senior management in advance of it being sent to the CBB.

                October 2010

              • EN-2.4.5

                Where the report is qualified by exception, the report must clearly set out the risks which the licensee runs by not correcting the weakness, with an indication of the severity of the weakness, should it not be corrected. Appointed Experts will be expected to report on the type, nature and extent of any weaknesses found during their work, as well as the implications of a failure to address and resolve such weaknesses.

                October 2010

              • EN-2.4.6

                If the Appointed Experts conclude, after discussing the matter with the licensee, that they will give a negative opinion (as opposed to one qualified by exception) or that the issue of the report will be delayed, they must immediately inform the CBB in writing giving an explanation in this regard.

                October 2010

              • EN-2.4.7

                The report must be completed, dated and submitted, together with any comments by Directors or management (including any proposed timeframe within which the licensee has committed to resolving any issues highlighted by the report), to the CBB within the timeframe applicable.

                October 2010

            • EN-2.5 EN-2.5 Other Notifications to the CBB

              [The Rules and guidance in this Section were moved to Section BR-3.5 for money changers and administrators and Module GR for Representative offices in April 2012]

              • EN-2.5.1

                Appointed Experts must communicate to the CBB, during the conduct of their duties, any reasonable belief or concern they may have that any of the requirements of the CBB, including the criteria for licensing a licensee (see Module AU), are not or have not been fulfilled, or that there has been a material loss or there exists a significant risk of material loss in the concerned licensee, or that the interests of clients are at risk because of adverse changes in the financial position or in the management or other resources of a licensee. Notwithstanding the above, it is primarily the licensee's responsibility to report such matters to the CBB.

                October 2010

              • EN-2.5.2

                The CBB recognises that Appointed Experts cannot be expected to be aware of all circumstances which, had they known of them, would have led them to make a communication to the CBB as outlined above. It is only when Appointed Experts, in carrying out their duties, become aware of such a circumstance that they should make detailed inquiries with the above specific duty in mind.

                October 2010

              • EN-2.5.3

                If Appointed Experts decide to communicate directly with the CBB in the circumstances set out in Paragraph EN-2.5.1 above, they may wish to consider whether the matter should be reported at an appropriate senior level in the licensee at the same time and whether an appropriate senior representative of the licensee should be invited to attend the meeting with the CBB.

                October 2010

          • EN-3 EN-3 Formal Warnings

            • EN-3.1 EN-3.1 CBB Legal Source

              • EN-3.1.1

                Article 38 of the CBB Law empowers the CBB to issue formal warnings to specialised licensees or authorised persons. The CBB will issue such warnings where it reasonably believes that these are required to achieve its statutory objectives.

                October 2010

            • EN-3.2 EN-3.2 CBB Policy

              • EN-3.2.1

                Formal warnings are clearly identified as such and represent the CBB's first level formal enforcement measure. They are intended to clearly set out the CBB's concerns to a licensee or individual regarding an issue, and should be viewed by the recipient with the appropriate degree of seriousness.

                October 2010

              • EN-3.2.2

                As indicated in Paragraph EN-B.2.7, the CBB will usually discuss concerns it may have prior to resorting to a formal enforcement measure, especially where a significant element of judgement is required in assessing compliance with a regulatory requirement.

                October 2010

              • EN-3.2.3

                Where such discussions fail to resolve matters to the CBB's satisfaction, then it may issue a formal warning. Failure to respond adequately to a formal warning will lead the CBB to consider more severe enforcement measures. However, more severe measures do not require the prior issuance of a formal warning – depending on its assessment of the circumstances, the CBB may decide to have immediate recourse to other measures. Similarly, there may be circumstances where the CBB issues a formal warning without prior discussion with the licensee or individual concerned: this would usually be the case where a clear-cut compliance failing has occurred.

                October 2010

              • EN-3.2.4

                When considering whether to issue a formal warning, the criteria taken into consideration by the CBB therefore include the following:

                (a) The seriousness of the actual or potential contravention, in relation to the requirement(s) concerned and the risks posed to customers, market participants and other stakeholders;
                (b) In the case of an actual contravention, its duration and/or frequency of the contravention; the extent to which it reflects more widespread weaknesses in controls and/or management; and the extent to which it was attributable to deliberate or reckless behaviour; and
                (c) The extent to which the CBB's supervisory objectives would be better served by issuance of a formal warning as opposed to another type of regulatory action.
                October 2010

            • EN-3.3 EN-3.3 Procedure for Issuing Formal Warnings

              • EN-3.3.1

                Proposals to issue formal warnings are carefully considered against the criteria listed in Paragraph EN-3.2.4. They require approval of a Director or more senior CBB official, and include the statement "This is a formal warning as defined in Chapter EN-3 of Volume 5 of the CBB Rulebook".

                October 2010

              • EN-3.3.2

                Depending on the issue in question, recipients of a formal warning may be required to respond to the contents of the warning. Where a formal warning is served prior to imposing any penalties or administrative proceedings, Articles 125(c) and 126 of the CBB Law provide the recipients the right to object or challenge the formal warning.

                October 2010

          • EN-4 EN-4 Directions

            • EN-4.1 EN-4.1 Legal Source

              • EN-4.1.1

                Article 38 of the CBB Law empowers the CBB to issue Directions to specialised licensees or individuals. The powers conveyed allow the CBB to issue whatever Directions, it reasonably believes, are required to achieve its statutory objectives.

                Amended: October 2012
                October 2010

            • EN-4.2 EN-4.2 CBB Policy

              • EN-4.2.1

                The types of Directions that the CBB may issue in practice vary and will depend on the individual circumstances of a case. Generally, however, Directions require a licensee or individual either to undertake or to stop specific actions in order to address or mitigate certain perceived risks. They may also include restrictions on a licensee's activities until those risks have been addressed – for instance, a ban on the acceptance of new customers.

                October 2010

              • EN-4.2.2

                The CBB is conscious of the powerful nature of a Direction and, in the case of a licensee, the fact that it subordinates the role of its Board and management on a specific issue. The CBB will carefully consider the need for a Direction, and whether alternative measures may not achieve the same end. Where feasible, the CBB will try to achieve the desired outcome through persuasion, rather than recourse to a Direction.

                October 2010

              • EN-4.2.3

                In considering whether to issue a Direction, the criteria taken into consideration by the CBB include the following:

                (a) The seriousness of the actual or potential contravention, in relation to the requirement(s) concerned and the risks posed to customers, market participants and other stakeholders ;
                (b) In the case of an actual contravention, its duration and/or frequency of the contravention; the extent to which it reflects more widespread weaknesses in controls and/or management; and the extent to which it was attributable to deliberate or reckless behaviour; and
                (c) The extent to which the CBB's supervisory objectives would be better served by issuance of a Direction as opposed to another type of regulatory action.
                October 2010

            • EN-4.3 EN-4.3 Procedure

              • EN-4.3.1

                Proposals to issue Directions are carefully considered against the criteria listed in Paragraph EN-4.2.3. They require approval of an Executive Director or more senior official of the CBB, and include the statement "This is a formal Direction as defined in Chapter EN-4 of Volume 5 of the CBB Rulebook".

                October 2010

              • EN-4.3.2

                The subject of the Direction will normally be given 30 calendar days from the Direction's date of issuance in which to make representations to the CBB concerning the actions required. This must be done in writing, and addressed to the issuer of the original Direction. Should a representation be made, the CBB will make a final determination within 30 calendar days of the date of the representation, as specified in Articles 125(c) and 126 of the CBB Law.

                October 2010

              • EN-4.3.3

                [This Paragraph was moved to Section EN-B.2 in April 2019].

                Deleted: April 2019
                October 2010

          • EN-5 EN-5 Financial Penalties

            • EN-5.1 EN-5.1 Legal Source

              • EN-5.1.1

                Article 129 of the CBB Law, provides the CBB the power to impose financial penalties on licensees or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law.

                Amended: April 2016
                Amended: October 2012
                October 2010

            • EN-5.2 EN-5.2 CBB Policy

              • EN-5.2.1

                The level of financial penalty applied is determined by the nature of the contravention and the amount of additional supervisory attention and resources taken up by a licensee's or persons' referred to in paragraph (b) of Article (68 bis 1) of the CBB Law behaviour and by limits set in the CBB Law. The CBB intends that the impact of a penalty should derive more from its signalling effect than from the actual amount of money involved.

                Amended: April 2016
                October 2010

              • EN-5.2.2

                As indicated in Paragraph EN-B.4.5, the CBB requires disclosure by licensees in accordance with Modules PD or BR of any financial penalties served on them, together with a factual description of the reasons given by the CBB for applying the penalty. In addition, the CBB may publicise the issuance of a financial penalty notice, where there is a strong case that doing so would help achieve the CBB's supervisory objectives, as mentioned in Article 132 of the CBB Law.

                Amended: October 2019
                October 2010

              • EN-5.2.3

                In assessing whether to serve a financial written penalty notice, the CBB takes into account the following criteria:

                (a) The seriousness of the contravention, in relation to the requirement(s) concerned;
                (b) The duration and/or frequency of the contravention, and the extent to which it reflects more widespread weaknesses in controls and/or management;
                (c) The extent to which the contravention was deliberate or reckless;
                (d) The licensee's past compliance record and conduct following the contravention; and
                (e) The scope of any other action taken by the CBB or other regulators against the licensee, in response to the compliance failures in question.
                October 2010

              • EN-5.2.4

                Part 11 of the CBB Law outlines instances where financial penalties may be imposed. Examples of the types of compliance failings that may lead to the serving of a financial penalty notice include (but are not limited to):

                (a) Failures to address persistent delays and/or significant inaccuracies in regulatory reporting to the CBB;
                (b) Repeated failures to respond to formal requests for information from the CBB, within the deadlines set;
                (c) The submission of information to the CBB known to be false or misleading; and
                (d) Major failures in maintaining adequate systems and controls in accordance with CBB's requirements, subjecting investors and other customers to significant risk of financial loss.
                October 2010

              • EN-5.2.5

                In accordance with Article 125 of the CBB Law, a written notice of a financial penalty must be issued before imposing any financial penalty. The written notice must contain the following information:

                (a) The violations committed by the licensee with respect to the CBB Law; the CBB Rulebook; any Directions, Warnings or Formal Requests for Information; or violations of the terms and conditions of the license issued to the licensee;
                (b) Evidence or proof to support the above;
                (c) The level of financial penalty to be imposed; and
                (d) The grace period to be allowed to the licensee for challenging the intended penalty (which will not be less than 30 calendar days).
                October 2010

              • EN-5.2.6

                The licensee may either pay the penalty or, pursuant to Article 126 of the CBB Law, may object within the period noted in Subparagraph EN-5.2.5(d). In accordance with Article 127 of the CBB Law, the CBB will consider any objection and make a formal resolution within 30 calendar days of receiving the objection. Thereafter, the resolution and any accompanying penalties are final and must be paid within 30 calendar days.

                October 2010

              • EN-5.2.7

                [This Paragraph was deleted in January 2016.]

                Deleted: January 2016
                October 2010

              • EN-5.2.8

                The imposition of a financial penalty does not preclude the CBB from also using other enforcement measures to remedy the same violation (for instance, a Direction).

                October 2010

            • EN-5.3 EN-5.3 Module FC (Financial Crime)

              • EN-5.3.1

                In addition to the general circumstances set out in Section EN-5.2, a financial penalty of up to BD 100,000 may be applied by the CBB in cases where a licensee fails to comply with any of the requirements in Module FC (Financial Crime). The fine shall be multiplied by the number of violations.

                Amended: April 2016
                October 2010

              • EN-5.3.2

                As with the imposition of financial penalties in response to breaches of other regulatory requirements, the CBB will apply financial penalties with respect to Module FC, based on the criteria set out in paragraph EN-5.2.3.

                October 2010

              • EN-5.3.3

                A failure to comply with Module FC (Financial Crime) that warrants a financial penalty would not trigger also a financial penalty under Section EN-5.2.

                October 2010

              • EN-5.3.4

                Any financial penalties applied by the CBB as regards the implementation of Module FC, are without prejudice to the criminal sanctions available to the Bahraini courts under the Decree – Law No. 4 of 2001, with respect to the prevention and prohibition of the laundering of money. As with other financial penalties, the imposition of a financial penalty with regards to breaches of Module FC does not prevent the CBB from also using other enforcement measures to remedy the same violation (for instance, a Direction).

                October 2010

            • EN-5.3A EN-5.3A Financial Penalties for Date Sensitive Requirements

              • EN-5.3A.1

                Modules AU, FC, BR, HC and PD contain specific requirements where specialised licensees must comply with, by a precise date. Where a specific due date is involved, the CBB's financial penalties are based on a per diem basis.

                Amended: July 2017
                Added: October 2012

              • EN-5.3A.2

                This Section applies to date sensitive requirements for:

                (a) Reporting requirements included in Module BR;
                (b) Public disclosure requirements included in Module PD;
                (c) The report of the external auditor or approved consultancy firm required as per Paragraph FC-4.3.1 (d);
                (d) Annual licensing fees required as per Module AU, and
                (e) Conduct of Shareholders' Meetings requirements included in Section HC-7.2 (for financing companies).
                Amended: July 2017
                Added: October 2012

              • EN-5.3A.3

                Financial penalties related to late filing or other date sensitive requirements are calculated as per the following per diem basis:

                (a) Where the financing company licensee's total consolidated assets are less than or equal to BD 50 million, the financial penalty for late filing is BD 100 per day;
                (b) Where the financing company licensee's total consolidated assets are greater than BD 50 million but less than or equal to BD 250 million, the financial penalty for late filing is BD 200 per day;
                (c) Where the financing company licensee's total consolidated assets are greater than BD 250 million, the financial penalty is BD 400 per day;
                (e) For new financing company licensees who have yet to provide audited financial statements, the financial penalty is BD 100 per day;
                (f) For all Volume 5 specialised licensees, other than financing company licensees, the financial penalty under this Section is BD 40 per day.
                Amended: April 2017
                Added: October 2012

              • EN-5.3A.4

                In accordance with Article 129 of the CBB Law, the maximum financial penalty levied for failing to comply with date sensitive requirements is BD 100,000. The fine shall be multiplied by the number of violations. The CBB may opt to limit the amount of the financial penalty and use other enforcement measures as outlined in Module EN (Enforcement), such as imposing restrictions on a specialised license limiting the scope of operations.

                Amended: April 2016
                Added: October 2012

              • EN-5.3A.5

                The various deadlines for submission of reports and annual fees referred to in Modules BR, FC, PD and AU are defined:

                (a) In terms of a specified number of days or months following a given date, such as the last date of a calendar quarter;
                (b) A specified number of days or months after the occurrence of a specific event; or
                (c) A specific date.
                Added: October 2012

              • EN-5.3A.6

                In imposing financial penalties for date sensitive requirements, the following criteria apply:

                (a) Where the due date falls on a holiday as designated by the CBB, the first business day following the holiday will be considered as being the due date;
                (b) Where a due date is not complied with by the end of the day on which it is due, holidays and weekend days are included in the number of days the item is considered late;
                (c) For returns and other filings, the date received is the date recorded by the CBB's systems in case of returns filed electronically;
                (d) In the case of returns filed in hard copy, the CBB stamp is the date received;
                (e) All returns are to be sent to the respective Supervision Directorate and the annual fees to the Accounts Directorate, on or before the due date, to be considered filed on time;
                (f) A day ends at midnight in the case of returns that must be filed electronically, or at the close of CBB business day, in the case returns are filed in hard copy; and
                (g) An incomplete return, where completeness is determined in relation to the requirements of the relevant instructions and Module BR, is considered 'not filed' until the CBB receives all necessary elements of the return.
                Added: October 2012

              • EN-5.3A.7

                The CBB does not require any particular method of delivery for returns and filings that are filed in hard copy. The use of the Bahrain postal services, private courier services or other methods of delivery is entirely at the discretion and risk of the licensee. For the payment of annual fees, licensees must follow the requirements of Form ALF, included under Part B of Volume 5.

                Added: October 2012

              • EN-5.3A.8

                A decision to impose a financial penalty for date sensitive requirements is unrelated to whether the CBB issues a reminder; it is the licensee's responsibility to file and disclose on time as per the requirements of Volume 5 (Specialised Licensees) Rulebook.

                Added: October 2012

            • EN-5.3B EN-5.3B Financial Penalties for Non-compliance with Blocking / Unblocking Requirements

              • EN-5.3B.1

                The financial penalty for late execution of blocking/unblocking orders issued by the Court/Public Prosecution is BD 10 per day per customer account/claim. Such financial penalties will be charged through billing on a weekly basis.

                Added: April 2021

            • EN-5.4 EN-5.4 Procedure for Financial Penalties

              • EN-5.4.1

                A written financial penalty notice will be addressed to the Chief Executive Officer or General Manager of the licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law concerned. This written notification will describe the contravention concerned, the CBB's evidence supporting a financial penalty, and the factors justifying the level of penalty proposed. Only an Executive Director or more senior member of the CBB's management may sign the notification.

                Amended: April 2016
                October 2010

              • EN-5.4.2

                The licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law has 30 calendar days from the notification's date of issuance to submit any representations it wishes to make to the CBB, in writing and addressed to the issuer of the original notification. If the licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law decides not to submit representations, it has 30 calendar days from the notification's date of issuance in which to pay the penalty.

                Amended: April 2016
                October 2010

              • EN-5.4.3

                Should the licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law make representations challenging the proposed penalty, the CBB has 30 calendar days from the issuance of those representations in which to re-examine the facts of the case and its conclusions. If the CBB confirms application of a penalty, payment is required within 30 calendar days of a final notice being issued.

                Amended: April 2016
                October 2010

              • EN-5.4.4

                Failure to pay a penalty within the required deadlines will be considered a breach of CBB's regulatory requirements, and will also result in other measures being considered, as described elsewhere in this Module.

                October 2010

            • EN-5.5 EN-5.5 Addressing a Compliance Failure

              • EN-5.5.1

                Payment of a financial penalty does not by itself absolve a licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law from remedying the compliance failure concerned. The CBB will expect the licensee or persons referred to in paragraph (b) of Article (68 bis 1) of the CBB Law to address the contravention within a reasonable timescale, to be agreed on a case-by-case basis. Failure to do so will result in other measures being considered.

                Amended: April 2016
                October 2010

          • EN-6 EN-6 Administration

            • EN-6.1 EN-6.1 [This Section was deleted in April 2019]

              • EN-6.1.1

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.1.2

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.1.3

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

            • EN-6.2 EN-6.2 [This Section was deleted in April 2019]

              • EN-6.2.1

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.2.2

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.2.3

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

            • EN-6.3 EN-6.3 [This Section was deleted in April 2019]

              • EN-6.3.1

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.3.2

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

              • EN-6.3.3

                [This Paragraph was deleted in April 2019].

                Deleted: April 2019
                October 2010

          • EN-7 EN-7 Cancellation or Amendment of License

            • EN-7.1 EN-7.1 Legal Source

              • EN-7.1.1

                Article 48 of the CBB Law empowers the CBB to cancel or amend a license under certain circumstances. These include cases where a licensee has:

                (a) Failed to satisfy its license conditions;
                (b) Violated the terms of the CBB Law, Regulations or Rulebook;
                (c) Failed to start business within six months from the date of the license being issued;
                (d) Ceased to carry out the licensed activities permitted; or
                (e) Not acted in the legitimate interest of its customers or creditors.
                October 2010

              • EN-7.1.2

                Article 48(d) of the CBB Law requires the CBB to give the licensee concerned at least 30 calendar days in which to appeal any proposed cancellation or amendment of its license.

                October 2010

            • EN-7.2 EN-7.2 CBB Policy

              • EN-7.2.1

                When used as an enforcement tool, the CBB views cancelling a license as appropriate only in the most serious of circumstances, when faced with the gravest of contraventions or when left with no other reasonable means of successfully addressing the regulatory failings in question. Cancellation or amendment of a license, however, may also be required in circumstances outside of an enforcement context, for instance because of a change in the business profile of a licensee.

                October 2010

              • EN-7.2.2

                When used as an enforcement tool, the criteria used by the CBB in assessing whether to seek the cancellation or amendment of a license include:

                (a) The extent to which the interests of the market, its users and those who have a claim on the licensee would be best served by the cancellation or amendment of the license;
                (b) The extent to which other supervisory penalties could reasonably be expected to achieve the CBB's desired supervisory objectives;
                (c) The extent to which the licensee has contravened the conditions of its license and/or the CBB Law, including the seriousness, duration and/or frequency of the contravention(s) concerned, and the extent to which the contraventions reflect more widespread or systemic weaknesses in controls and/or management;
                (d) The extent to which the licensee has been involved in financial crime or other criminal conduct; and
                (e) The licensee's past compliance record and conduct following the contravention (s).
                October 2010

              • EN-7.2.3

                When the CBB issues a notice of cancellation or amendment as an enforcement tool, it will only implement the actual change once it is satisfied that there are no longer any regulated activities for which it is necessary to keep the current authorisation in force. Until such time as these activities have been run off or moved to another licensee, the CBB will control these activities through other means (such as taking the licensee into administration or through issuing Directions).

                October 2010

            • EN-7.3 EN-7.3 Procedure for Amendment or Cancellation of License

              • EN-7.3.1

                All proposals for cancelling or amending a license as an enforcement tool are subject to a thorough review by the CBB of all relevant facts, assessed against the criteria outlined in Paragraphs EN-7.2.1 and EN-7.2.2. After being assessed at the Executive Director level, proposals are submitted to H.E. the Governor for approval.

                October 2010

              • EN-7.3.2

                Once approved within the CBB, a formal notice of cancellation or amendment is issued to the licensee concerned. The notice of cancellation or amendment will describe the factual circumstances of the contraventions concerned, and the CBB's rationale for the proposed cancellation or amendment, as measured against the criteria outlined in Paragraphs EN-7.2.1 and EN-7.2.2.

                October 2010

              • EN-7.3.3

                The licensee has 30 calendar days from the date of the notice in which to lodge an appeal. The appeal should be addressed to the Board of the CBB, and copied to H.E. the Governor of the CBB.

                October 2010

              • EN-7.3.4

                If an appeal is lodged, the Board of the CBB will make a final ruling within 60 calendar days of its date of issuance.

                October 2010

              • EN-7.3.5

                A licensee may appeal to a competent court within 60 days of the above final ruling for a decision. The court's decision will then be final.

                October 2010

          • EN-8 EN-8 Cancellation of 'Fit and Proper' Approval

            • EN-8.1 EN-8.1 Legal Source

              • EN-8.1.1

                Article 65 of the CBB Law allows the CBB to determine the level of qualifications, experience and training of a licensee's officers or employees. Article 65(c) of the CBB Law empowers the CBB the right to remove any official, being a Board member or in an executive position, that is unqualified or unsuitable for the assigned position.

                October 2010

            • EN-8.2 EN-8.2 CBB Policy

              • EN-8.2.1

                Chapter AU-3 of Module AU (Authorisation), specifies that approved persons must be assessed by the CBB as 'fit and proper' to hold such a position. The Chapter specifies various factors that the CBB takes into account when reaching such a decision.

                October 2010

              • EN-8.2.2

                The CBB is conscious of the impact that assessing someone as not 'fit and proper' may have on an individual approved person. Such assessments are carefully reviewed in the light of all relevant facts. The criteria used in reaching a decision include the following:

                (a) The extent to which the factors set out in Chapter AU-3 have not been met;
                (b) The extent to which the person has deliberately or recklessly breached requirements of the CBB Law or Volume 5 (Specialised Licensees);
                (c) The person's past compliance record and conduct following any such breaches;
                (d) The length of time since factors indicating a lack of fitness or propriety occurred; and
                (e) The risk the person poses to licensees and their customers.
                October 2010

              • EN-8.2.3

                Amongst other matters, the CBB will normally consider as grounds for the revocation of approved person status the following events affecting the approved person:

                (a) The conviction by a court, whether in Bahrain or elsewhere, for a crime affecting honesty;
                (b) A declaration of bankruptcy by a court of law;
                (c) A court ruling that the approved person's legal capacity is totally or partially impaired; or
                (d) The sanction by a professional body of a fine, suspension, expulsion or censure.
                October 2010

              • EN-8.2.4

                Specialised licensees must inform the CBB immediately when they become aware of any of the events listed in Paragraph EN-8.2.3, affecting one of their approved persons.

                Amended: October 2012
                October 2010

              • EN-8.2.5

                If the CBB has grounds for considering that an individual is no longer fit and proper to continue to hold their existing controlled function(s), it will revoke the approved person status granted to that individual. The individual will then be required to resign from each of the controlled functions to which this revocation applies. This revocation does not automatically preclude them from applying to hold other controlled functions in the future, but will be taken into account in considering new requests from specialised licensees that pertain to that individual.

                October 2010

              • EN-8.2.6

                Depending on the seriousness of the situation, the CBB may impose further measures, which may include disqualification from:

                (a) Holding any controlled function;
                (b) Performing any function in relation to any regulated activity carried out by a licensed firm; or
                (c) Being a controller of any licensed firm.
                October 2010

              • EN-8.2.7

                In assessing evidence, the CBB applies a lower threshold than is applied in a criminal court of law, reflecting the administrative nature of the sanction. The CBB may also take into account the cumulative effect of factors which, when considered individually, may not in themselves be sufficient to justify an adverse 'fit and proper' finding.

                October 2010

              • EN-8.2.8

                The CBB may also take into account the particular function being undertaken in the licensee by the individual concerned, and the size and nature of the licensee itself, particularly when assessing the suitability of a person's experience or qualifications. Thus, the fact that a person was deemed 'fit and proper' for a particular position in a particular firm does not necessarily mean he would be suitable in a different position or in a different firm.

                October 2010

            • EN-8.3 EN-8.3 Procedure for Issuing an Adverse Finding

              • EN-8.3.1

                All proposals for issuing an adverse fit and proper' finding are subject to a thorough review by the CBB of all relevant facts, assessed against the criteria outlined in Paragraph EN-8.2.2. In some instances, it may be appropriate for the CBB to request the licensee or person concerned to provide further information, in order to help reach a decision.

                October 2010

              • EN-8.3.2

                All adverse findings have to be approved by an Executive Director of the CBB. Once approved, a notice of intent is issued to the person concerned and copied to the Board/senior management of the licensee, setting out the circumstances and the basis for the CBB's proposed adverse finding. The person has 30 calendar days from the date of the notice in which to make written representations, addressed to the Executive Director concerned, failing which a final notice is issued by the CBB.

                October 2010

          • EN-9 EN-9 Criminal Sanctions

            • EN-9.1 EN-9.1 Overview

              • EN-9.1.1

                The CBB Law provides for a number of criminal sanctions in cases where certain of its provisions are contravened. This Section provides a summary of those sanctions most relevant to licensees, their Directors and employees. What follows is not a complete list of all sanctions provided for in the CBB Law, nor is it a substitute for reading the Law and being fully aware of its provisions.

                October 2010

              • EN-9.1.2

                Licensees, their Directors and employees should also be aware of the criminal sanctions provided for under other relevant Bahraini laws, such as the Decree – Law No. 4 of 2001, with respect to the prevention and prohibition of the laundering of money.

                October 2010

              • EN-9.1.3

                In all cases to do with criminal sanctions, the CBB can only refer the matter to the Office of the Public Prosecutor. The CBB has no authority to apply such sanctions without recourse to the courts.

                October 2010

            • EN-9.2 EN-9.2 CBB Policy

              • EN-9.2.1

                Because of their criminal status, and their provision for custodial sentences, the sanctions provided for under the CBB Law are viewed by the CBB as very powerful measures, to be pursued sparingly. In most situations, the CBB will seek to address regulatory failures through administrative sanctions, as outlined in the preceding Chapters, rather than by pursuing the criminal sanctions outlined here.

                October 2010

              • EN-9.2.2

                Where, however, the nature of the offence is such that there is strong evidence of a reckless or intentional breach of the CBB Law relevant to the following Articles, then the CBB will refer the matter to the Office of the Public Prosecutor.

                October 2010

            • EN-9.3 EN-9.3 Articles of CBB Law

              • Article 161

                • EN-9.3.1A

                  Article 161 of the CBB Law provides for a penalty of up to BD 1 million, without prejudice to any other penalty prescribed in any other law, in case of any person who breaches the provisions of Resolution No.(16) for the year 2012 issued pursuant to Article 42 of the CBB Law. The Court may also confiscate the proceeds resulting from breaching the Resolution.

                  Added: January 2013

              • Article 163

                • EN-9.3.1

                  Article 163 of the CBB Law provides for a term of imprisonment and/or a fine of up to BD 20,000, without prejudice to any other penalty prescribed in any other law, in case of conviction of a Director, manager, official, agent or representative of any licensee who:

                  (a) Conceals any records, information or documents requested by the CBB (or any person appointed by the CBB to conduct an investigation or inspection);
                  (b) Provides statements or information in bad faith which do not reflect the actual financial position of the Licensee;
                  (c) Conceals from an external auditor any records, information or documents necessary for auditing the accounts of the Licensee; or
                  (d) Provides in bad faith any misleading or inaccurate statements to an external auditor which do not reflect the actual financial position of the Licensee.
                  October 2010

              • Article 169

                • EN-9.3.2

                  Article 169 provides for a term of imprisonment, and/or a fine of up to BD 20,000 for any Director, manager, official or employee, who acts or permits an act in violation of Article 134 of the CBB Law where he knows (or should have known) that the Licensee is insolvent.

                  October 2010

              • Article 170

                • EN-9.3.3

                  Part 2 of Article 170 of the CBB Law provides for term of imprisonment and/or a fine not exceeding BD3,000 if any Director, manager, official or employee intentionally obstructs an investigation by the CBB or an Appointed Expert.

                  October 2010

              • Article 171

                • EN-9.3.4

                  Article 171 of the CBB Law provides for a term of imprisonment and/or a fine not exceeding BD10, 000, if any Director, manager, official or employee discloses in bad faith any confidential information relating to a customer of the concerned of a licensee.

                  October 2010