One of Central Bank’s objectives, as mandated by the Decretal Federal Law No. 14 of 2018 Regarding the Central Bank & Organization of Licensed Financial Institutions and Activities and its amendments, is to establish Regulations for the protection of Consumers of Licensed Financial Institutions.

The Central Bank has the right to establish a unit with an independent legal personality to receive and to handle Complaints from Consumers of Licensed Financial Institutions.

This Regulation is issued pursuant to the powers vested in the Central Bank according to Article (121) of the aforementioned Decretal Federal Law and to Article (110) of the Federal Law No. 6/2007 concerning the Organization of Insurance Operations and its amendments.

Post replacement of the Insurance Authority with the Central Bank in all competencies and legislation, pursuant to Article (2) of the Decretal Federal Law No. 24/2020 concerning Amending Certain Provisions of the Federal Law No. (6) of 2007 concerning the Establishment of Insurance Authority and Regulation of Insurance Operations and its amendments, the Central Bank is now the regulator of insurance operations according to the Federal Decree Law No. 24/2020 on the Establishment of Insurance Authority and Regulation of Insurance Operations.

Therefore, this Regulation covers Insurance Companies as defined in the Federal Law No. 6/2007 on the Organization of Insurance Operations and its amendments in addition to Licensed Financial Institutions governed by the Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities and its amendments.

This Regulation is to provide for the establishment of an independent Ombudsman Unit that enjoys independent legal personality, and to confer its powers and functions; to provide for a complaint process and resolutions mechanism; to provide for an appeal mechanism in relation to determinations made by the Ombudsman Unit; to set out the Ombudsman Unit’s funding and to provide for the appointment of the Board of Directors and engage Persons to the Ombudsman Unit.

This Regulation also establishes the overarching Regulatory framework for the Ombudsman Unit and its interactions with Licensed Financial Institutions and Insurance Companies in relation to Consumer Complaint resolution in the State.

The primary objective of this Regulation is to establish an independent Ombudsman Unit that enjoys legal personality, which shall be known as “Sanadak”. The Ombudsman Unit will provide a Complaint resolution mechanism to the consumers of Licensed Financial Institutions and Insurance Companies. Consumers can access an independent and fair Complaint resolution mechanism that will serve to strengthen Consumer trust and confidence in their relations with Licensed Financial Institutions and Insurance Companies.

This Regulation sets out the Complaint resolution mechanism framework for the establishment and functioning of the Ombudsman Unit designed to be consistent with the International Ombudsman Association’s Code of Ethics and Standards of Practice.

This Regulation seeks to enhance a culture within Licensed Financial Institutions and Insurance Companies that will respect and act in the best interest of Consumers by:

• Establishing an independent Complaint resolution mechanism for the fair, efficient and timely resolution of Complaints by the Consumers in the regulated banking and insurance services industry ;
   
• Setting consistent standards for the resolution of Consumer Complaints by Licensed Financial Institutions and Insurance Companies;
• Providing Consumers with access to relevant Information, as required, to ensure Consumers have the opportunity to make informed decisions;

• Strengthen Consumer knowledge, awareness and ability to address their concerns and / or complaints involving their relations with Licensed Financial Institutions and Insurance Companies.

This Regulation is issued under the authority of Decretal Federal Law No. 14 of 2018 Regarding the Central Bank & Organization of Licensed Financial Institutions and Activities, as amended and the Federal Law No. 6 of 2007 concerning the Organization of Insurance Operations, as amended (“Insurance Law”).

The Scope of this Regulation applies to all Licensed Financial Institutions and Insurance Companies as defined by Article 1 of this Regulation and their obligations and responsibilities regarding their relationship with the Ombudsman Unit and its operations. Furthermore, this Regulation sets out the definition as to those consumers and persons that are given a right of free access to the Complaint resolution mechanism of the Ombudsman Unit.

This Regulation is in addition to any requirement of any other regulatory authority as applicable to all Licensed Financial Institutions and Insurance companies. In case of any conflict with such requirement, the provisions of this Regulation will prevail, unless otherwise specified in this Regulation.

Where this Regulation includes requirements to provide information, to take certain measures or to address certain items listed as a minimum, the Central Bank may impose requirements that are additional to the listing provided in the relevant Articles.

The Central Bank may issue further guidance relating to this Regulation.

For the purposes of this Regulation, words and expressions shall have the meaning assigned to, unless the context requires otherwise, as mentioned below and/or defined in other Laws and Regulations:

1. Annual Levy: Fee levied by the Ombudsman Unit on Licensed Financial Institutions and Insurance Companies on an annual basis.
    
2. Appeals Committee: A committee formed by the Ombudsman Unit for the final resolution of Complaints by the Ombudsman Unit, against the Licensed Financial Institutions.
    
3. Appeals Fee: Fee levied by the Ombudsman Unit on the appellant of a Complaint to the Appeals Committee which may, at the discretion of the Ombudsman Unit, be refunded when the Determination of the Complaint is in favor of the appellant.
    
4. Case Fee: Fee levied by the Ombudsman Unit on the Licensed Financial Institution or the Insurance Company for each Complaint closed by the Ombudsman Unit during a Financial Year (regardless of when the Complaint was referred to the Ombudsman Unit).
    
5. Central Bank: The Central Bank of the United Arab Emirates.
    
6. Central Bank Regulations: Any resolution, legislation, circular, rule, instruction, standard or notice issued by the Central Bank.
    
7. Complainant: A Complainant filing a Complaint shall include:
    
   1. A Consumer
       
   2. An actual or potential beneficiary
       
   3. A Person acting on behalf of the Consumer or beneficiary such as personal or legal representative, counselor, guardian, trustee, or executor.
       
8. Complaint: For the purpose of this Regulation, a Complaint shall be defined as:
    
   1. An expression of dissatisfaction by a Consumer with a product, service, policy, procedure or actions by the Licensed Financial Institution that is presented to an Employee of the Licensed Financial Institution in Writing, verbally or through other electronic means.
       
   2. An expression of dissatisfaction by a Consumer with a product, service, policy, procedure or actions by the Insurance Company that is presented to an Employee of the Insurance Company in Writing, verbally or through other electronic means.
       
   3. An expression of dissatisfaction referred to an Employee of the Ombudsman Unit in Writing, verbally or any other electronic means, by a Consumer against the response provided by a Licensed Financial Institution or an Insurance Company to a Complaint in accordance with (a) and (b) above.
       
9. Consumer: Consumer is a customer for the purpose of this Regulation. A customer:
    
   1. is any Natural Person, Sole Proprietor or Small to Medium Sized Enterprise who obtains or may prospectively obtain services and/or products from a Licensed Financial Institution, with or without charge, to satisfy his/her personal need or others’ needs.
       
   2. is any Natural Person, Sole Proprietor, Small to Medium Sized Enterprise who obtains or may prospectively obtain services and/or products from an Insurance Company, with or without charge, to satisfy his/her personal need or others’ needs.
       
10. Court: The Federal and Local Courts System of the United Arab Emirates .
     
11. Decretal Law: Decretal Federal Law No. (14) Of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities and its amendments.
     
12. Determination: A decision made by the Ombudsman Unit or the Appeals Committee or the Insurance Dispute Resolution Committee on a specific Complaint.
     
13. Financial Crime Compliance: Financial Crime Compliance is the requirement to comply with, including and not limited to, all applicable fraud, anti-money laundering, counter-terrorism financing, sanctions, bribery and corruption laws, rules and regulations.
     
14. Financial Year: Financial Year represents a period of 12 months in which a full accounting cycle takes place .
     
15. Information: Any form of data, documents and/or electronic records .
     
16. Insurance Company: The Insurance Company incorporated in the State and the foreign Insurance Company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent including Takaful insurance companies.
     
17. Licensed Financial Institutions: Banks and other Financial Institutions licensed in accordance with the provisions of the Decretal Federal Law No. (14) of 2018, to carry on a licensed financial activity or more, including those which carry on the whole or a part of their business in compliance with the provisions of Islamic Shari’ah, and are either incorporated inside the State, or have branches, subsidiaries or representative offices inside the State .
     
18. Minority Group: A category of people who experience relative disadvantage as compared to members of a dominant social group. Minority Group membership is typically based on differences in observable characteristics or practices, such as ethnicity, race, religion or determination.
     
19. Ombudsman Unit: An independent Ombudsman Unit that enjoys independent legal personality, and to confer its powers and functions; to provide for a complaint process and resolutions mechanism.
     
20. Chief Ombudsman: The Person appointed by the Board of Directors of the Central Bank to be the Chief Ombudsman, to manage and direct the day-to-day operations and affairs of the Ombudsman Unit.
     
21. People of Determination: A person suffering from a temporary or permanent, full or partial deficiency or infirmity in his physical, sensory, mental, communicational, educational or psychological abilities to an extent that limits his possibility of performing the ordinary requirements.
     
22. Person: A natural or juridical Person, as the case may be .
     
23. Small to Medium Sized Enterprises: For the purposes of this Regulation, the words and acronym SME includes small, micro and medium businesses, provided that the businesses meet the thresholds of employee headcount and turnover, as defined by the Federal Cabinet Resolution No. 22 of 2016 which sets out the Small to Medium sized Enterprise definition for the purposes of Federal Law No. 2 of 2014 or any subsequent amendments to the Federal laws defining a SME:
     
    1. Medium Enterprise: Trading Sector 51 – 200 employees; or < AED 250 million annual revenues; Manufacturing Sector 101 – 250 employees; or < AED 250 million annual revenues; Service Sector 51 – 200 employees; or < AED 200 million annual revenues.
        
    2. Micro Enterprise: Trading Sector < 5 employees; or < AED 3 million annual revenues; Manufacturing Sector < 9 employees; or < AED 3 million annual revenues; Service Sector < 5 employees; or < AED 2 million annual revenues.
        
    3. Small Enterprise: Trading Sector 6 – 50 employees; or < AED 50 million annual revenues; Manufacturing Sector 10 – 100 employees; or < AED 50 million annual revenues; Service Sector 6 - 50 employees; or < AED 20 million annual revenues.
        
24. Staff of the Ombudsman Unit: One or more employee(s) of the Ombudsman Unit acting in any official capacity for or on behalf of the Ombudsman Unit.
     
25. Standards: Any Standards adopted from time to time, including performance Standards, rules, codes of behavior and conflict of interests, and procedural guidelines for the handling and resolution of Complaints / disputes.
     
26. State: The United Arab Emirates.
     
27. Supplementary Levy: Fee levied by the Ombudsman Unit on Licensed Financial Institutions and Insurance Companies to supplement the costs of establishing and the continued operation of Ombudsman Unit in the event the Annual Levy and Case Fee are insufficient to meet the objectives of Ombudsman Unit .
     
28. Terms of Reference: A document prepared by the Ombudsman Unit and approved by the Board of the Ombudsman Unit, that shall provide the governance structure of the Ombudsman Unit, the roles and responsibilities of different departments, the Complaints management framework that shall be followed by the Ombudsman Unit and the principal powers and duties of the Ombudsman Unit.
     
29. Third Party: Any Person, group of Persons or organization external to, and not a related party to, the Ombudsman Unit.
     
30. Writing: For any requirement of communications and signatories, declarations, consents, agreements or other instruments/requirements in Writing, for the sake of clarity, these terms apply to electronic, digital and paper based insofar an Electronic Document or Record satisfies the requirement of the provision of Federal Decree Law No. (46) of 2021 regarding the Electronic Transactions and Trust Services .
     
31. Year: The Gregorian calendar Year.

2.1 Establishment

2.1.1. Pursuant to this Regulation, the Central Bank establishes an independent legal personality, which shall be known as the “Sanadak”, to perform the functions conferred on it by this Regulation. The principal mandate of the Ombudsman Unit shall be to receive, handle, review and resolve Complaints in a thorough, timely, transparent, fair and legally sound manner. The Ombudsman Unit shall be financially and administratively independent, insofar as provided by this Regulation.

2.1.2. The Ombudsman Unit shall be accountable to the Central Bank based on the provisions under Article 5 of this Regulation .

2.2 Mandate

2.2.1. The Ombudsman Unit shall abide by the principles of fairness, equity, objectivity, legality and integrity .

2.2.2. The Ombudsman Unit shall:

1. be accessible to the Consumers for filing Complaints and inquiries related to status of Complaints;
    
2. ensure that Complaints regarding the conduct of Licensed Financial Institutions and Insurance Companies are processed and dealt with in a fair, efficient, effective and legally sound manner ;
    
3. promote Consumer awareness and understanding of the role and functions of the Ombudsman Unit as well as the types of issues related to Complaints that are considered .

2.2.3. The Ombudsman Unit may:

1. assist Complainants with understanding the Complaint process but shall not advocate on their behalf;
    
2. make appropriate observations and recommendations for the improvement of the Complaint procedures / processes of the Licensed Financial Institutions and Insurance Companies.

2.3 Delegation of functions of Central Bank relating to Insurance Dispute Resolution Committee

2.3.1. All functions, powers and authorities vested with the Central Bank with respect to the Insurance Dispute Resolution Committee, are being delegated to the Ombudsman Unit by virtue of this Regulation .

3.1 Appointment of the Board of the Ombudsman Unit and the Chief Ombudsman

3.1.1. The Board of the Ombudsman Unit must be comprised of seven (7) members including a Chairperson:

1. The Chairperson of the Board of the Ombudsman Unit who shall have knowledge and experience of the financial services industry and Consumer Protection issues, to lead the Board of the Ombudsman Unit;
    
2. Board Members of the including:
    
   1. at least 3 Persons who have knowledge or experience of Customer relations management, Consumer protection, Complaints resolution and other Consumer issues relating to the Licensed Financial Institutions;
       
   2. at least 3 Persons who have knowledge or experience of Customer relations management, Consumer protection, Complaints resolution and other Consumer issues relating to the Insurance operations;
       

3.1.2. A member of the Board of the Ombudsman Unit shall hold office for such period as determined by the Board of Directors of the Central Bank but cannot exceed a 3 Year term from the date of the appointment.

3.1.3. The Chairperson of the Board of the Ombudsman Unit, the Chief Ombudsman and members of the Board of the Ombudsman Unit shall be appointed by a resolution of the Board of Directors of the Central Bank, upon a recommendation by the Governor of the Central Bank, and renewable for a similar period(s), for a maximum of two terms, by the same appointment mechanism. The Board of the Ombudsman Unit may be reconstituted before or after expiry of its term by a resolution of the Board of Directors of the Central Bank.

3.1.4. In the event that the position of any member of the Board of the Ombudsman Unit or the office of the Chief Ombudsman becomes vacant for any reason before the expiry of the membership term, a successor shall be appointed, within a period not exceeding 3 months, in the same manner in which the previous member was appointed.

3.1.5. The Chairperson of the Board of the Ombudsman Unit, the Ombudsman and members of the Board of the Ombudsman Unit shall be independent of Licensed Financial Institutions and Insurance Companies, for at least two years prior to the date of appointment and during the full term of the appointment. In terms of previous and existing employment, directorship and shall be void of any other apparent conflicts of interest.

3.1.6. The Chief Ombudsman shall, at the request of the Chairperson of the Ombudsman Unit, designate a member of the Staff of the Ombudsman Unit to be Secretary to the Board of the Ombudsman Unit.

3.1.7. Every decision at a meeting of the Board of the Ombudsman Unit shall be determined by a majority of the votes of the members of the Board of the Ombudsman Unit in attendance (in person and/or online) when voting on any matter tabled for the Board to decide. Records of all meetings along with decisions shall be maintained for a period of at least 5 years from the date of each Board meeting of the Ombudsman Unit.

3.1.8. Quorum to hold a Board meeting of the Ombudsman Unit and vote on matters requires majority members including the Chairperson of the Board of the Ombudsman Unit to be in attendance.

3.1.9. Subject to this Article, the Board of the Ombudsman Unit shall develop rules for its internal procedures. The Central Bank may provide direction or recommendation for any necessary changes to these rules.

3.2 Responsibilities of the Chairperson of the Board of the Ombudsman Unit

3.2.1. The Chairperson of the Board of the Ombudsman Unit shall be accountable for and charged with the responsibility for:

1. managing the business of the Board of the Ombudsman Unit and that of any relevant Board subcommittees;
    
2. setting agendas and meeting times for the Board of the Ombudsman Unit;
    
3. ensuring follow-up to decisions of the Board of the Ombudsman Unit and any recommendations from independent reviews and /or audit findings;
    
4. official liaisons between the Board of the Ombudsman Unit, Board of Directors of the Central Bank and the Governor of the Central Bank;
    
5. advising the Governor of the Central Bank with a list of qualified candidates for re-appointment or replacement when a member of the Board of the Ombudsman Unit’s appointment is expiring or a vacancy has occurred;
    
6. liaison between the Board of the Ombudsman Unit and the Chief Ombudsman.
    

3.3 Functions of the Board of the Ombudsman Unit

3.3.1. The Board of the Ombudsman Unit have the ultimate responsibility for the functioning of the Ombudsman Unit. The Board of the Ombudsman Unit shall be delegated by the Board of the Central Bank to have all such powers / authorities as are necessary for the performance of its functions.

3.3.2. The Board of the Ombudsman Unit shall delegate to the Chief Ombudsman the duties and responsibilities for day-to-day operations of the Ombudsman Unit.

3.3.3. The functions of the Board of the Ombudsman Unit shall be to:

1. determine and prescribe the methodology for setting the Annual Levy, Case Fee, Supplementary Levy and any other fee or charge deemed necessary for the efficient functioning of the Unit;
    
2. monitor the standards of performance and review the efficiency and effectiveness of the Ombudsman Unit;
    
3. provide oversight of the functioning of the Ombudsman Unit to ensure that the Ombudsman Unit is operating in accordance with its regulatory mandate;
    
4. make recommendations to the Central Bank on any matter relevant to the mandate, operations and performance of the Ombudsman Unit;
    
5. subject to the provisions under Article 3.3.5, make recommendations to the Chief Ombudsman, the Chairperson of the Appeals Committee or Insurance Dispute Resolution Committee on any matter relevant to the Ombudsman Unit, for which recommendation is requested from the Board of the Ombudsman Unit;
    
6. approve the strategies and objectives proposed for the Chief Ombudsman and management team of the Ombudsman Unit;
    
7. set out and approve appropriate governing rules and policies related to the administration and operations for the Ombudsman Unit including budgeting and revenue allocation, expenditure / contract management, human resources, performance standards, management reporting to the Board of the Ombudsman Unit and any other policies as deemed necessary for effective oversight, and;
    
8. carry out such other functions as are conferred on it by this Regulation.
    

3.3.4. The Board of the Ombudsman Unit must approve the Terms of Reference, which shall be prepared by the Ombudsman Unit to provide clarity on its governance, funding and operations. The Board of the Ombudsman Unit shall also approve the policies and procedures that govern the Complaint resolution process.

3.3.5. The Board of the Ombudsman Unit shall establish appropriate human resources policy to ensure that the Staff of the Ombudsman Unit are fit and proper and have appropriate level of qualifications and experience.

3.3.6. The Board of the Ombudsman Unit shall have no direct or indirect capacity to influence or affect the review process or the outcome of individual Complaints.

3.4 Powers and Duties of the Chief Ombudsman

3.4.1. The Chief Ombudsman may, or on the request of the Board of the Ombudsman Unit shall:

1. make recommendations to the Central Bank, in relation to any proposals for regulatory change, or any other policy matters in relation to Complaints, concerning Complaint resolution and the functions of the Ombudsman Unit, and;
    
2. submit any proposals they consider appropriate for amendment of this Regulation, or for new Central Bank Regulations concerning Licensed Financial Institutions and Insurance Companies in relation to the functions of the Ombudsman Unit.
    

3.4.2. All such recommendations and proposals, under Article

3.4.1, may be approved and submitted to the Central Bank for consideration by the Board of the Ombudsman Unit.

3.4.3. Subject to this Regulation, the Chief Ombudsman shall be independent in the performance of the assigned functions.

1. The Chief Ombudsman shall have such powers as are necessary for the performance of the functions as conferred on the Chief Ombudsman by this Regulation including:

1. acceptance of Complaints ;
    
2. rejection of Complaints that are deemed frivolous or vexatious or unfounded and / or without merit;
    
3. determining the need for a review of a Complaint and with the view of resolving them ;
    
4. assignment of qualified Staff of the Ombudsman Unit to carry out the review and resolution of Complaints;
    
5. determining the validity of the complaint and applying appropriate redress;
    
6. raising concerns with the Central Bank, about the Complaints management process of Licensed Financial Institutions and Insurance Companies, for review and further action if required ;
    
7. hiring and terminating Staff of the Ombudsman Unit in accordance with Board of the Ombudsman Unit’s policies;
    
8. management and evaluation of performance by the Staff of the Ombudsman Unit, consultants, contractors and agents ;
    
9. approving expenditures of the Ombudsman Unit in accordance with approved budgets, financial delegations and policies; and
    
10. other powers as may be assigned by the Board of the Ombudsman Unit.
     

3.4.4. The Chief Ombudsman may:

1. delegate responsibilities to any member of the Staff of the Ombudsman Unit that are conferred on the Chief Ombudsman by this Regulation or by the Board of the Ombudsman Unit.
    
2. authorize and direct any member of the Staff of the Ombudsman Unit to perform any of the functions including giving of directions under Article 4 to Article 5 conferred on the Chief Ombudsman by this Regulation.
    

3.4.5. The Chief Ombudsman shall establish and maintain efficient and effective systems and procedures that are carried out in a fair and timely manner for the acceptance, handling, review and resolution of Complaints.

3.4.6. The Chief Ombudsman duties include ensuring that the Staff of the Ombudsman Unit, contractors, agents and consultants act in compliance with the Ombudsman Unit’s policies and procedures, Terms of Reference, code of conduct, conflict of interest and all applicable Central Bank Regulations and the Decretal Law.

3.4.7. As may be delegated by the Board of the Ombudsman Unit, the Chief Ombudsman may appoint individuals as Staff of the Ombudsman Unit and may determine their duties. The Chief Ombudsman shall have regard to the human resources policy, resource allocation and any directions that the Board of the Ombudsman Unit may give from time to time for the purpose of giving effect to those policies.

3.5 Staff of the Ombudsman Unit

3.5.1. Persons engaged by the Ombudsman Unit may be appointed:

1. as Staff of the Ombudsman Unit on a permanent basis;
    
2. as Staff of the Ombudsman Unit on a temporary or part-time basis;
    
3. on a contract for services including as consultants or advisors.
    

3.5.2. The members of Staff of the Ombudsman Unit shall perform their functions under the direction and control of the Chief Ombudsman or an authorized staff supervisor, as designated by the Chief Ombudsman.

3.5.3. A member of the Staff of the Ombudsman Unit is free to perform their functions, without inappropriate interference from any Person. The member shall:

1. comply with the directions given by the authorized staff supervisor designated by the Chief Ombudsman, and
    
2. ensure the authorized staff supervisor/ Chief Ombudsman remain informed about the performance of functions and activities by the Staff of the Ombudsman Unit as well as the status of assigned work including time delays or any material issues or developments.
    

3.6 Appointment of the Appeals Committee

3.6.1. There shall be a Committee known as the Appeals Committee for the settlement and resolution of Complaints against Licensed Financial Institutions. The Appeals Committee shall act as the final level of Complaints resolution within the Ombudsman Unit for Licensed Financial Institutions.

3.6.2. The Appeals Committee may accept the appeal where there is reason to believe that the Ombudsman Unit :

1. may have overlooked material Information ;
    
2. may have failed to assess material issues previously raised by the appellant;
    
3. may have incorrectly or unfairly applied its operational policies and procedures; or
    
4. new material Information is available that was not previously considered by the Ombudsman Unit.
    

3.6.3. The Appeals Committee shall consist of a Chairperson of the Appeals Committee and two or more qualified members from the Staff of the Ombudsman Unit who will be independent of the case management and appointed by the Board of the Ombudsman Unit.

3.6.4. The Appeals Committee shall proceed in an expedited but fair manner based on values of natural justice, neutrality and objectivity regarding the Complaints being appealed.

3.6.5. The Appeals Committee is not bound by the rules of evidence expected in a normal Court of law or arbitration process.

3.6.6. The Appeals Committee shall take into consideration the Central Bank's Laws and Regulations, resolutions and instructions related to matters that may be a factor in the Complaint.

3.6.7. In fulfilling its duties, the Appeals Committee shall be entitled to obtain and review papers, documents, records and all pertinent evidence and take all actions as it deems appropriate.

3.6.8. The Appeals Committee shall hold its hearings in the presence of the Chairperson of the Appeals Committee and majority of members to consider the Complaints referred to it. The Appeals Committee may hear the statements and arguments of the parties and issue its decisions by majority. The Appeals Committee shall reject an appeal referred to it if the requirements for lodging a Complaint are not met under Article 4.

3.6.9. The Appeals Committee shall be competent to settle and resolve Complaints of all admissible types and classes arising from the Complaints of the Consumers.

3.6.10. The Chief Ombudsman shall, at the request of the Chairperson of the Appeals Committee, designate a member of the Staff of the Ombudsman Unit to be the Secretary to the Appeals Committee.

3.6.11. The Committee Secretary shall assume the following duties and powers :

1. Maintain records management of Committee documents and files;
    
2. Prepare the meeting agendas and required files and documentation for the Committee ;
    
3. Contact the parties, related to a Complaint as per the Committee's directives ;
    
4. Record the minutes of the Committee meetings and the outgoing correspondences and decisions ;
    
5. Implement the decision of the Committee by inviting the parties related to a Complaint and experts to appear before the Committee ;
    
6. Notify the parties, on the Determination of the Committee ;
    
7. Any other tasks assigned to them by the Committee.
    

4.1 Eligible Complaints

4.1.1. The Ombudsman Unit may accept Complaints in relation to the conduct of a Licensed Financial Institution or an Insurance Company, involving:

1. the provision of a service or product or an offer to provide a service or product by the Licensed Financial Institution or Insurance Company;
    
2. a failure by the Licensed Financial Institution or Insurance Company to provide a particular service or product requested by the Complainant, due to reasons that discriminate on the grounds of family or socio-economic status, gender or being a member of a Minority Group;
    
3. an alleged financial loss or harm to a Complainant through any deceptive, misleading, fraudulent or unfair conduct by or on behalf of the Licensed Financial Institution or Insurance Company.
    

4.1.2. The Ombudsman Unit can reject a Complaint, where:

1. the conduct giving rise to the Complaint is or has been the subject of legal proceedings before a Court in the State ;
    
2. the Complaint has not been raised or properly communicated to the Licensed Financial Institution or Insurance Company concerned ;
    
3. the Complainant has not provided at least 30 complete business days’ response time, or such other time limit as may be prescribed by the Central Bank for the Licensed Financial Institution or Insurance Company, to provide a final response in Writing to the Complaint ;
    
4. the Complaint relates to a matter that occurred outside the time limits as specified in Article 4.4 ;
    
5. the Complaint materially relates to a Licensed Financial Institution or Insurance Company's risk management, internal pricing policy or AntiMoney Laundering policies and practices; or
    
6. the Complaint has already been settled between the Complainant and the Licensed Financial Institution or Insurance Company.
    

4.1.3. The Complaint may be made by any Complainants having an interest in the subject matter of the Complaint. The Ombudsman Unit may consider the subject matter of a Complaint without the participation of one or more Complainants that may be affected by the subject matter of the Complaint.

4.1.4. The Ombudsman Unit shall publish the acceptable format for filing Complaints on its website or by way of other communications generally available to the public.

4.1.5. The Complainant may withdraw the Complaint at any time by giving a formal notice of withdrawal, in Writing, to the Ombudsman Unit. The Ombudsman Unit shall, within 5 business days, notify the Licensed Financial Institution or Insurance Company about the withdrawal of the Complaint by the Complainant.

4.1.6. The Ombudsman Unit may refuse to accept or may discontinue a review of a Complaint, where in the opinion of the Ombudsman Unit:

1. the Complaint is frivolous or vexatious or was not made in good faith;
    
2. the Complainant has no vested interest or an insufficient interest in the conduct complained of ;
    
3. the Complaint is or was subject to Court proceedings or the subject matter of the Complaint is of such a degree of complexity or is about the legitimate exercise of commercial judgment that the Courts are a more appropriate forum;
    
4. the Complaint was previously considered by the Ombudsman Unit, unless material new evidence has since become available and the Ombudsman Unit is satisfied that the new Information warrants treating it as a new Complaint;
    
5. the Licensed Financial Institution or Insurance Company are offering a reasonable amount for the actual loss / harm suffered by the Complainant.
    

4.1.7. The decision of the Ombudsman Unit will be final with respect to the Ombudsman Unit’s jurisdiction and acceptance of Complaints.

4.1.8. The Ombudsman Unit may make preliminary inquiries before deciding whether a Complaint should be reviewed. It may request either party to the Complaint to provide further particulars of the Complaint in Writing, within a period not exceeding 10 business days.

4.1.9. Within 5 business days after deciding not to review or to discontinue a review of a Complaint, the Ombudsman Unit shall inform the Complainant, Licensed Financial Institution and Insurance Company in Writing of the decision and the reasons for it.

4.1.10. The Ombudsman Unit shall keep the parties to the Complaint informed, as to the progress of the review.

4.1.11. The Ombudsman Unit shall have the capability to communicate with the Complainants in English or/and Arabic language, as preferred by the Complainant.

4.1.12. The Ombudsman Unit shall allocate the jurisdiction of the Complaint to Licensed Financial Institution or Insurance Company, as the case may be, at the beginning of the Complaint resolution process.

4.1.13. The Ombudsman Unit shall obtain from Complainants, appropriate consent concerning the release and treatment of confidential Information related to the Complainants.

4.2 Financial Inclusion

4.2.1. The Ombudsman Unit shall have provisions in place to handle Complaints from vulnerable groups and People of Determination in its Complaints resolution process.

4.2.2. The Chief Ombudsman shall have the power to waive all Fees in cases where the Complainants have little or no means of their own.

4.3 Undertaking to Comply

4.3.1. The Licensed Financial Institutions and Insurance companies shall comply with and be bound by this Regulation.

4.3.2. The Ombudsman Unit shall ensure that all parties to a Complaint shall :

1. fully cooperate with the Ombudsman Unit and assist in its review of a Complaint;
    
2. shall comply with a requirement or request made by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee.
    

4.3.3. The Licensed Financial Institutions and Insurance companies shall not:

1. obstruct or hinder or cause delay in providing requested Information to the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee in the performance of its functions conferred by this Regulation;
    
2. fail to comply with a requirement or request made by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee under this Regulation ;
    
3. provide false, incomplete and misleading information;
    
4. fail to disclose Information relevant to a review that had not been specifically requested by the Ombudsman Unit while knowingly withholding this Information from the Ombudsman Unit, or;
    
5. attempt to recover from the Complainant, any related costs incurred in the Complaint resolution process at the Ombudsman Unit.
    

4.3.4. The Complainant shall agree to be bound by Article 4.3.2, at the time of submitting the Complaint to the Ombudsman Unit.

4.3.5. Where the Licensed Financial Institution or the Insurance Company fails to fully cooperate in the review, the Ombudsman Unit shall escalate the matter to the Central Bank for enforcement action.

4.3.6. Where the Complainant fails to fully cooperate in the review, the Ombudsman Unit may in its discretion, terminate the Complaint.

4.3.7. Licensed Financial Institutions and Insurance companies shall inform the Consumers in Writing of their legal right to go to the Ombudsman Unit with their Complaint. Licensed Financial Institutions and Insurance companies shall also provide the Consumers with a copy of the detailed contact information of the Ombudsman Unit.

4.3.8. Licensed Financial Institutions and Insurance Companies may appoint an individual who shall be responsible for representing the Licensed Financial Institution or Insurance Company and furnishing information on their behalf in respect of Complaints.

4.4 Time limits

4.4.1. A Complaint shall be made to the Ombudsman Unit within whichever of the following periods is the last to expire:

1. 3 years from the date of the conduct giving rise to the Complaint;
    
2. 2 years from the date on which the Person making the Complaint became aware of the conduct giving rise to the Complaint.
    

4.4.2. For the purposes of Article 4.4.1:

1. conduct that is of a continuing nature is taken to have occurred at the time when it stopped and conduct that consists of a series of acts or omissions is taken to have occurred when the last of those acts or omissions occurred; and
    
2. conduct that consists of a single act or omission is taken to have occurred on the date of that act or omission.
    

4.4.3. If the Ombudsman Unit considers it fair to do so, it may review a Complaint it receives later than the timelines mentioned under Article 4.1.1. In assessing the fairness of doing so, the Ombudsman Unit will consider, among other things :

1. whether, and in what manner, the Licensed Financial Institution or the Insurance Company notified the Complainant of the right to bring a Complaint to the Ombudsman Unit, including whether any written notice provided by the Licensed Financial Institution or the Insurance Company sufficiently specified the timelines within which the Complainant has the right to bring a Complaint to the Ombudsman Unit and whether the Licensed Financial Institution or the Insurance Company adhered to any Complaint handling requirements that may apply ;
    
2. the extent to which the Complainant and the Licensed Financial Institution or the Insurance Company were occupied with negotiations for the resolution of the Complaint during the timelines stipulated in Article 4.1.1; and
    
3. whether the Complainant was subject to extraordinary circumstances.
    

4.4.4. Within 12 months from the date of implementation of the Ombudsman Unit or as otherwise provided for by the Central Bank, the Ombudsman Unit shall publish performance standards related to:

1. Turnaround time by Ombudsman Unit with respect to acknowledgement of receipt of Complaint to the Complainant ;
    
2. Time limit by which parties to a Complaint shall appeal the Determination to the Appeals Committee or Insurance Dispute Resolution Committee;
    
3. Time limit by which the Ombudsman Unit shall provide a report, after the Ombudsman Unit , Appeals Committee or Insurance Dispute Resolution Committee has provided a Determination;
    
4. Time limit for the Licensed Financial Institutions and Insurance companies to settle the Complaint.
    

4.5 Review of Complaints

4.5.1. Subject to Article 4.1, the Ombudsman Unit may decide to conduct a review of a Complaint referred to them.

4.5.2. The Ombudsman Unit shall give written notice of its decision to carry out a review to the Licensed Financial Institution, Insurance Company, Complainant and any other parties, as deemed relevant by the Ombudsman Unit. The notice will specify:

1. summary description of the Complaint and the scope of the review;
    
2. the name and contact Information of the appointed staff reviewer ;
    
3. the Information or document(s) required;
    
4. the date by which the Information or document is required to be filed; and
    
5. the place at which attendance, if any, is required.
    

4.5.3. The scope and conduct of review shall be determined by the Ombudsman Unit as appropriate in the circumstances of the case.

4.5.4. When reviewing a Complaint about the conduct of a Licensed Financial Institution or Insurance Company, the appointed staff reviewer may, at any time :

1. request additional Information be provided by the Licensed Financial Institution or Insurance Company. If a document is not legible, the Ombudsman Unit may request it be reproduced in a legible form or to provide reasonable Information, in relation to that document, to the Ombudsman Unit.
    
2. request and carry out interviews with key persons that may have knowledge of the circumstances being reviewed.
    

4.5.5. Where the Ombudsman Unit has given a notice of a review of a Complaint, the Ombudsman Unit shall provide the Licensed Financial Institution, Insurance Company and Complainant, an opportunity to make an initial submission, in Writing, within a period not exceeding 10 business days, regarding:

1. the scope of the review ;
    
2. the alleged conduct that is the subject of the Complaint, and;
    
3. a rebuttal of any allegations contained in the Complaint or reference.
    

4.6 Application to the Central Bank for Interpretation/Information, Recommendation and Guidance

4.6.1. When dealing with a Complaint that may involve an issue as to the application of or compliance with a Central Bank Regulation, the Ombudsman Unit may request the Regulatory Development Division of the Central Bank for an interpretation of the Central Bank Regulation.

4.6.2. Where any clarification of Central Bank Regulation in connection with the Complaint concerned has been referred to the Regulatory Development Division of the Central Bank under this Article, the Ombudsman Unit may not:

1. make a Determination to which the clarification is relevant while the reference is pending or;
    
2. proceed in a manner, or make a Determination, that is inconsistent with the interpretation of the Regulatory Development Division of the Central Bank on the clarification.
    

4.7 Determination by the Ombudsman Unit

4.7.1. On completing a review of a Complaint relating to a Licensed Financial Institution or Insurance Company, the Ombudsman Unit shall review the reports, the submissions of the parties and any other evidence that has been gathered and appropriately disclose to the parties subject to compliance with all laws, rules and regulations relating to Financial Crime Compliance. The Ombudsman Unit may then make a Determination, in Writing, that the Complaint:

1. is upheld;
    
2. is partially upheld, or;
    
3. is rejected.

4.7.2. A Complaint may be found to be upheld, or partially upheld on one or more of the following grounds where the conduct complained of, under Article 4.1:

1. was contrary to applicable Central Bank Regulations ;
    
2. was deceptive, misleading, fraudulent or unfair, in its application to the Complainant;
    
3. was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;
    
4. was not provided with satisfactory explanation by the Licensed Financial Institution or Insurance Company;
    
5. was previously found to be unlawful by a court or authorized regulatory body;
    
6. was otherwise contrary to the principles of the Consumer Protection Regulation.
    

4.7.3. A Determination of the Ombudsman Unit under this Article shall be communicated in Writing to the parties by the Ombudsman Unit and such Determination shall include the following:

1. the Determination;
    
2. the grounds for the Determination; and
    
3. any direction or recommendation.
    

4.8. Conduct of review by the Appeals Committee and Insurance Dispute Resolution Committee

4.8.1. Any party to the Complaint may refer the Determination made by the Ombudsman Unit to the Appeals Committee for Complaints against Licensed Financial Institutions or to the Insurance Dispute Resolution Committee for Complaints against Insurance Companies, for further analysis and review.

4.8.2. The request for an appeal by either party shall be made within 30 complete business days from the issue of Determination by the Ombudsman Unit, failing which the Determination shall be considered final and enforceable.

4.8.3. The Ombudsman Unit shall refer the Complaint file to the Appeals Committee or the Insurance Dispute Resolution Committee within a reasonable timeframe

4.8.4. Parties to the Complaint shall be notified of the status of referring the Complaint to the Appeals Committee or the Insurance Dispute Resolution Committee.

4.9 Determination by the Appeals Committee

4.9.1. On completing a review of a Complaint relating to a Licensed Financial Institution, the Appeals Committee shall make a Determination, in Writing, that the Complaint:

1. is upheld;
    
2. is partially upheld, or;
    
3. is rejected.
    

4.9.2. A Complaint may be found to be upheld, or partially upheld on one or more of the following grounds where the conduct complained of, under Article 4.1:

1. was contrary to applicable Central Bank Regulations;
    
2. was deceptive, misleading, fraudulent or unfair, in its application to the Complainant;
    
3. was previously found to be unlawful by a court or authorized regulatory body;
    
4. was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;
    
5. was not provided with satisfactory explanation by the Licensed Financial Institution.
    
6. was otherwise contrary to the principles of the Consumer Protection Regulation, and its accompanying Standards.
    

4.9.3. A Determination of the Appeals Committee under this Article shall be communicated in Writing to the parties by the Appeals Committee and such Determination shall include the following:

1. the Determination;
    
2. the grounds for the Determination; and
    
3. any direction or recommendation.
    

4.10 Finalization of Determinations

4.10.1. Where a Complaint is upheld or partially upheld, the Ombudsman Unit, or in the case of an Appeal, the Appeals Committee or the Insurance Dispute Resolution Committee, may direct the Licensed Financial Institution or Insurance Company to do one or more of the following:

1. review, rectify, mitigate and / or change the conduct complained of or its consequences;
    
2. provide reasons or explanations for that conduct;
    
3. change a practice relating to that conduct;
    
4. recommend to pay a reasonable amount for any actual loss / harm that occurred as a result of the conduct complained of.
    

4.10.2. The Ombudsman Unit, or in the case of an Appeal, the Appeals Committee or the Insurance Dispute Resolution Committee shall give a copy of the Determination under this Article to:

1. the Complainant, and
    
2. the Licensed Financial Institution or Insurance Company to which the Complaint relates
    

4.10.3. Where the Determination under this Article contains a direction or recommendation, the Licensed Financial Institution or Insurance Company concerned:

1. shall comply with the direction or recommendation within such period as is specified in the direction or recommendation, or within such extended period as determined by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee, and;
    
2. shall not later than 14 business days after the end of that period or extended period, notify in Writing to the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee of action taken to be in compliance with the direction or recommendation.
    

4.11 Enforceability of Requests / Determination by the Ombudsman Unit or/and Appeals Committee

4.11.1. Where a Licensed Financial Institution or Insurance Company fails or refuses to comply with any request by or the Determination by the Ombudsman Unit or the Appeals Committee within the period stipulated under Article 4.10.3, the Ombudsman Unit or the Appeals Committee, as applicable, will report the case to the Central Bank for inquiry into the case and necessary enforcement action, as deemed appropriate.

5.1 Reporting of Patterns and Trends

5.1.1. The Ombudsman Unit shall have controls and detailed procedures in place to identify patterns and trends of issues, including conducting a detailed study, maintaining a record of key themes, and root causes of the Complaints. There shall be a strong governance and oversight mechanism within the Ombudsman Unit to ensure there is early identification and reporting of such patterns and trends.

5.1.2. If the Ombudsman Unit identifies a pattern or trend, it shall within a reasonable timeframe, no later than 1 month after the Ombudsman Unit first became aware, notify the Central Bank in Writing of the issue and supporting details.

5.2 Annual Budget

5.2.1. The Ombudsman Unit shall, not later than 3 months, before the beginning of each Financial Year, or within such extended period as set by the Board of the Ombudsman Unit:

1. arrange for the preparation of an annual budget setting out estimates of the income and expenditure of the Ombudsman Unit for the following Year; and
    
2. submit the annual budget to the Board of the Ombudsman Unit for approval.
    

5.2.2. The annual budget for the following year shall specify:

1. the forecasted revenue amounts expected to be collected during the Financial Year concerned from the imposition of the Annual Levy, Case Fee, Supplementary Levy and Appeals Fee, as applicable;
    
2. the proposed level of the Annual Levy, Case Fee, Supplementary Levy and Appeals Fee ;
    
3. any other sources of revenue from which funds are expected to be obtained during the Year to finance the functions of the Ombudsman Unit and the amounts expected to be raised from those sources and;
    
4. proposed breakdown of planned expenditures for.A the Year.
    

5.2.3. The Ombudsman Unit shall, not later than 3 months into the following Financial Year, publish the annual budget on its website.

5.2.4. The Ombudsman Unit shall incorporate any directions set out by the Central Bank that may be issued for the purpose ofensuring proper and sufficient level of funding for the operations of the Ombudsman Unit

5.3 Strategic plan

5.3.1. The Chief Ombudsman shall prepare and submit a strategic plan for a period of three years, or such period as required by the Central Bank, to the Board of the Ombudsman Unit. The strategic plan and updates shall be approved by the Board of the Ombudsman Unit and submitted to the Central Bank, on an annual basis or as requested by the Central Bank.

5.3.2. The strategic plan shall specify the following:

1. objectives of the Ombudsman Unit;
    
2. nature and scope of the activities to be undertaken by the Ombudsman;
    
3. strategic plans and policies for achieving the objectives of the Ombudsman
    
4. targets and criteria for assessing the performance of the Ombudsman;
    
5. allocation of the resources of the Ombudsman Unit;
    
6. estimated budget for the three-year period considering the above factors.
    

5.4 Annual Financial Reporting

5.4.1. The Ombudsman Unit shall, in respect of each Financial Year, keep in such form as may be approved by the Board of the Central Bank, all proper accounts and receipts of all moneys received or expended in performing the Unit’s functions in accordance with this Regulation.

5.4.2. The Chief Ombudsman shall submit the accounts required to be kept under this Article to the external auditor that shall be appointed by the Board of the Ombudsman Unit. The Board of the Central Bank shall, at its discretion, provide direction to the external auditor regarding its mandate for review of the Ombudsman Unit. Such direction would include a mandate beyond the minimum standard required by the International Financial Reporting Standards for audit of accounts by an external auditor.

5.4.3. Immediately following an external audit, the Board of the Ombudsman Unit shall approve and present to the Central Bank:

1. copies of the audited accounts, including the income and expenditure account, the balance sheet and such other accounts (if any) kept under this Article as the Central Bank may direct, and
    
2. the external auditor’s report on the audited accounts ;
    
3. the Ombudsman Unit’s management’s response and action plan for any recommendations or observations made in the external auditor’s report.
    

5.5 Annual report of the Ombudsman Unit

5.5.1. The Chief Ombudsman shall, not later than 3 months from the end of the Financial Year prepare and submit to the Board of the Ombudsman Unit, an annual report on the activities and performance of the functions of the Ombudsman Unit during that Year.

5.5.2. The annual report shall be first approved by the Board of Directors of the Ombudsman Unit and then presented to the Board of Directors of the Central Bank for approval.

5.5.3. The annual report shall cover the following:

1. Information in such form and regarding such matters as the Central Bank may direct;
    
2. Copy of the audited accounts of the Ombudsman Unit for the Financial Year concerned;
    
3. Summary of complaint handling data by the Ombudsman Unit in the Year concerned, including the type of Licensed Financial Institutions and Insurance Companies with Complaints, the type of products, volume and nature of Complaints, turnaround and resolution time, etc. and;
    
4. Summary of patterns, trends and issues submitted to the Central Bank for review and consideration.
    
5. Summary of service complaints against the Ombudsman Unit.
    

5.5.4. Nothing in this Article shall be construed as requiring the Chief Ombudsman to disclose Information, which, in the opinion of the Chief Ombudsman, would potentially prejudice the performance of the Ombudsman Unit functions or violate any privacy or confidentiality requirements.

5.5.5. The Chief Ombudsman shall arrange for the annual report, that has been approved by the Central Bank, to be published on the website of the Ombudsman Unit, within a reasonable timeframe.

5.6 Other Reporting Requirements

5.6.1. Not later than 3 months after the end of each Financial Year, the Chief Ombudsman shall publish the following on the website of the Ombudsman Unit:

1. data of all Complaints made to the Ombudsman Unit during the Financial Year (e.g. received, pending, withdrawn and closed by the Year end) ;
    
2. a review of trends and patterns in the Complaints received by the Ombudsman Unit;
    
3. a breakdown as to the method of disposition of all Complaints made to the Ombudsman Unit during the preceding Financial Year ;
    
4. a summary of the key outcomes of Complaints concluded or terminated, including analysis of Complaints that were settled during the preceding Financial Year; and
    
5. statistics on the cases that have been filed for an appeal.
    

5.6.2. The detailed reporting template of the above may be specified by the Central Bank.

5.6.3. The Chief Ombudsman may publish statistics of Complaints against all Licensed Financial Institutions or Insurance Companies, without disclosing any names or other details about the Licensed Financial Institutions or Insurance Companies, subject to Central Bank’s approval.

5.6.4. In circumstances where the Chief Ombudsman is of the opinion that there is need for public disclosure of the name of a Licensed Financial Institution or Insurance Company, the Ombudsman shall seek explicit approval from the Central Bank.

5.6.5. A report under this Article shall not divulge the identity of any Complainant nor shall anything be published in the report that may lead to the identification of any Complainant.

5.6.6. The Chief Ombudsman may, from time to time, prepare and submit to the Central Bank such other reports in relation to the performance of the functions under this Regulation as the Chief Ombudsman considers appropriate.

5.6.7. The Chief Ombudsman may, after consultation and approval from the Central Bank, publish reports on other matters related to Complaints resolution if the Chief Ombudsman considers that it would be in the public interest to do so.

5.7 Quality Assurance Review

5.7.1. The Ombudsman Unit shall:

1. Submit every three Years to an independent quality assurance review regarding the proper discharge of its functions and the performance of its activities. The review shall be conducted by a Third Party appointed by the Central Bank;
    
2. Conduct a stakeholder survey once a Year covering all Licensed Financial Institutions and Insurance Companies, and with recent Complainants since the previous consultation, with respect to the discharge of its functions and performance of its activities.
    

5.7.2. The Board of the Ombudsman Unit shall provide the Central Bank with an action plan for any recommendations or observations made in the quality assurance reviewer’s report and / or concluded from the analysis of the stakeholder survey.

5.8 Accountability to Central Bank

5.8.1. The Chairperson of the Board of the Ombudsman Unit shall, whenever required to do so by the Central Bank, provide confirmation in Writing, in relation to:

1. the regularity and propriety of the transactions recorded or required to be recorded under this Regulation, subject to financial audit by the External Auditor;
    
2. the economy and efficiency of the Ombudsman Unit in the use of resources;
    
3. the account of the general administration of the Ombudsman Unit;
    
4. the systems, procedures and practices employed by the Ombudsman Unit for the purposes of evaluating the effectiveness of its operations; and
    
5. any matter affecting the Ombudsman Unit referred to in the report of the External Auditor that is submitted to the Central Bank.
    

5.8.2. The Chairperson of the Board of the Ombudsman Unit shall, at the request of the Governor of the Central Bank, along with designated Central Bank officials, give account for the general administration and functions of the Ombudsman Unit.

5.8.3. The Chief Ombudsman and the Chairperson of the Board of the Ombudsman Unit shall report material issues or developments related to the Ombudsman Unit, to the Board of the Central Bank that may be required by the Decretal Law, Central Bank Regulations and Central Bank’s internal controls framework.

5.8.4. If the Chief Ombudsman and the Chairperson of the Board of the Ombudsman Unit consider that they have information, which in their opinion, would or might be of assistance to the Central Bank in advancing one or more of the Central Bank's operational objectives, they shall disclose that information to the Central Bank.

6.1 Scope

6.1.1. The Licensed Financial Institutions and Insurance Companies shall pay an Annual Levy and Case Fee to the Ombudsman Unit. The amount of the Annual Levy shall not exceed those sums necessary to fund the operation of the Ombudsman Unit, having regard to the income and expenditure mentioned in Article 5.2. The Board of the Ombudsman Unit shall have the authority to determine and revise the Annual Levy and Case Fee.

6.1.2. The Licensed Financial Institutions and Insurance Companies may be required to pay a Supplementary Levy to supplement the costs of establishing and the continued operation of Ombudsman Unit in the event the Annual Levy and Case Fee are insufficient to meet the objectives of Ombudsman Unit. The Supplementary Levy shall be determined by the Board of the Ombudsman Unit and approved by the Central Bank.

6.1.3. For the manner of calculating the funding requirements, as well as the manner and times of payment, the following criteria shall be taken into consideration:

1. the Ombudsman Unit’s need for stability of funding;
    
2. the overall administrative costs of the Ombudsman Unit’s operations, including those costs arising from services provided to those Licensed Financial Institutions or Insurance Companies that have ceased to pay fees to the Ombudsman Unit;
    
3. fairness to all Licensed Financial Institutions or Insurance Companies;
    
4. the desirability of accurately allocating expenses to the volume of Complaints received and the various Complaint resolution activities; and
    
5. administrative efficiency and ease.
    

6.1.4. Any party to a Complaint who seeks an appeal of the Ombudsman Unit Determination may also be required to deposit an Appeals Fee with the Ombudsman Unit which may be refundable in case of a Determination in the favor of the appellant. The Chief Ombudsman shall have the power to waive the Appeals Fee if necessary, given the circumstances for the Complainant.

6.1.5. A Licensed Financial Institution or Insurance Company may be exempted from paying the full quantum of the Annual Levy or may pay a lower Annual Levy upon approval by the Ombudsman Unit where a Licensed Financial Institution or Insurance Company submits an undertaking to the Central Bank that it currently does not serve and does not intend to serve Consumers defined within the scope of this Regulation. In the event that the Ombudsman Unit revokes its approval of the Annual Levy exemption, the Licensed Financial Institution or Insurance Company shall pay the Annual Levy on a pro-rata basis for the Financial Year in which the approval was revoked, and resume paying the full Annual Levy going forward.

6.1.6. Licensed Financial Institutions or Insurance Companies that come under the jurisdiction of the Ombudsman Unit part way through the Financial Year will be required to pay the Annual Levy on a pro-rata basis.

6.1.7. All Licensed Financial Institutions and Insurance Companies that cease to be under the jurisdiction of the Ombudsman Unit shall continue to remain liable for full Annual Levy and Case Fee incurred on Complaints brought to the Ombudsman Unit until all related Complaints are withdrawn or settled.

6.2 Collection by the Ombudsman Unit

6.2.1 All Licensed Financial Institutions and Insurance companies shall be required to pay the Annual Levy, Supplementary Levy (if any) and Case Fee to the Ombudsman Unit. The payment shall not be later than 30 calendar days after the date of assessment of payment by the Ombudsman Unit.

6.2.2 A Licensed Financial Institution or Insurance Company which fails to make payment of the Annual Levy or Supplementary Levy (if any) or Case Fee in full on or before the scheduled payment due date will be charged an administrative late payment charge as may be determined by the Ombudsman Unit. The Chief Ombudsman may refer the matter to the Central Bank to take any necessary action.

6.3 Annual Revenue Request

6.3.1 The Ombudsman Unit shall, when submitting the annual budget, also request from the Central Bank an approval of the following:

1. Annual Levy;
2. Supplementary Levy;
3. Case Fee;
4. Payment schedule;
5. Appeal fee;
6. Administrative charges for late payments;
7. A record of Licensed Financial Institutions and Insurance Companies who are liable to pay the Annual Levy;
8. A record of any general or special exemptions approved regarding the payment of the Annual Levy or Case Fees (wholly or partly).

7.1 Exchange of Information and co-operation

7.1.1 The Ombudsman Unit shall co-operate with the Central Bank with a view to ensuring that this Regulation operates in a way that contributes to promoting the best interests and protection of Consumers.

7.1.2 The Chief Ombudsman shall, whenever requested in writing to do so by the Central Bank, provide records or copies of records, or information, dealing with specified matters, or matters of a specified kind, relevant to the performance of the functions of the Central Bank.

7.2 Confidentiality

7.2.1 No Person, including a member of the Board of the Ombudsman Unit, the Chief Ombudsman, a member of the Staff of the Ombudsman Unit or a consultant or adviser to the Ombudsman Unit, shall disclose any confidential Information obtained by them while performing their duties or afterwards, unless disclosure of such Information is required by any applicable law, regulatory or judicial authority in the State.

7.2.2 Nonetheless, the above shall not operate to prevent the disclosure of Information by or on behalf of the Chief Ombudsman or the Board of the Ombudsman Unit to the Central Bank.

8.1 A party to a Complaint who is dissatisfied with the Standard of service provided by the Ombudsman Unit when dealing with a Complaint may lodge a service complaint against the Ombudsman Unit.

8.2 The Ombudsman Unit shall acknowledge receipt of the Complaint within 3 business days and provide a response to the party within 14 business days.

8.3 The Ombudsman Unit shall provide a report to the Central Bank, on an annual basis, of all service complaints received and/or addressed, in the format as determined by the Central Bank.

9.1 If the Board of the Ombudsman Unit proposes to make changes to the Complaints resolution process under this Regulation, it must ensure that a draft of the proposed amendment(s) to the Regulation is published on the website of the Central Bank for stakeholder consultation, which shall be accompanied by:

1. an explanation of the proposed changes to the process within the Regulation; and
    
2. a statement that representations about the proposals may be made to the Board of the Ombudsman Unit within a specified time
    

9.2 Any proposed amendments to the Regulation must be approved by the Board of Directors of the Central Bank, based on a recommendation of the Board of the Ombudsman Unit.

9.3 Immediately after approval of the amendments to the Regulation under 9.2, the Board of the Ombudsman Unit must arrange for them to be made available to the public.

This Regulation is in addition to any requirement of any other regulatory authority as applicable to Licensed Financial Institutions and Insurance Companies. In case of any conflict with such requirement, the provisions of this Regulation will prevail.

Noncompliance with any provision of this Regulation by the Licensed Financial Institutions or Insurance Companies is a regulatory violation and may be subject to supervisory action, sanctions and penalties as deemed appropriate by the Central Bank.

The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of this Regulation or any related Central Bank Regulations.

This Regulation shall be published in the Official Gazette and shall be considered effective one month from the date of publication. This Regulation shall apply to the Ombudsman Unit, all Licensed Financial Institutions and Insurance Companies. The Ombudsman Unit will be operational as of one Year from the date of publication of this Regulation.