HC-5.5 HC-5.5 Compliance
HC-5.5.1
Licensees must take reasonable care to establish and maintain effective systems and controls for compliance with applicable requirements in the Kingdom's legislation and those set by the CBB, and those established under any other statute or regulator to which they are subject.April 2016HC-5.5.2
Depending on the nature, scale and complexity of its business, a
licensee should consider having a separate compliance function. A compliance function should:(a) Document its organisation and responsibilities;(b) Be appropriately staffed with competent individuals;(c) Have unrestricted access to thelicensee's relevant records; and(d) Have ultimate recourse to the Board.April 2016HC-5.5.3
Licensees must designate an employee, of appropriate standing and resident in Bahrain, asCompliance Officer . The duties of theCompliance Officer include:(a) Having responsibility for oversight of thelicensee's compliance with the requirements of the CBB; and(b) Reporting to thelicensee's Board in respect of that responsibility.April 2016HC-5.5.4
The
Compliance Officer is acontrolled function and the requirements relating toapproved persons must be met (see Chapter AU-1.2). If the scale and nature of thelicensee's operations are limited, then the individual who performs the function ofCompliance Officer may also take on other responsibilities, providing this does not create a potential conflict of interest. The compliance function may not be combined with the internal audit function or any operational function as they are incompatible and may create a conflict of interest.April 2016