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 bespecialised licensees orapproved persons ). The purpose of such measures is to encourage a high standard of compliance by all those authorised by the CBB, thus reducing risk tocustomers and the financial system.Amended: January 2011
October 2010Legal 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 theirapproved persons ).Amended: April 2016
Amended: January 2011
October 2010EN-A.1.3
For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.
October 2010EN-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 2010EN-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 2010EN-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