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Article (44)
IA-BOD-RES 10/2019The Regulatory Authorities of Financial Institutions, Designated Non-Financial Businesses and Professions and Virtual Asset Service Providers, each according to its competence, shall undertake the tasks of supervision, control and follow-up to ensure compliance with the provisions stipulated in the Decree-Law, this Resolution, the supervisory decisions and any other relevant decisions. They shall also be concerned with the following:
- The identification, evaluation and updating of the potential risk of the crime in legal persons, including Financial Institutions, Designated Non-Financial Businesses and Professions, virtual assets activities and Virtual Asset Service Providers activities.
- The application of a risk-based approach to ensure that the money laundering and terrorist financing prevention or mitigation measures are commensurate with the identified risks.
- The development of instructions, systems and models to counter crime for those under its control when necessary.
- The development of the policies, procedures and controls necessary to verify the compliance of those under its control with the provisions of the Decree-Law, this resolution and any other legislation related to confronting crime in the state, and requesting information related to the implementation of this commitment.
- The development of merit and eligibility regulations, rules and standards and applying them to anyone who seeks to own, control, participate in the management or operation of Financial Institutions, Designated Non-Financial Business or Professions or virtual assets services providers, directly or indirectly, or who is the beneficial owner thereof.
- Office and field supervision and inspection of Financial Institutions, Designated Non-Financial Businesses and Professions, and Virtual Asset Service Providers on the basis of a risk-based approach.
- Determining the periodicity of the supervision and inspection of Financial Institutions, financial groups, Designated Non-Financial Businesses and Professions and Virtual Asset Service Providers based on the following:
- National Risk Assessment
- The distinctive features of Financial Institutions, financial groups, Designated Non-Financial Businesses and Professions and Virtual Asset Service Providers, in terms of their diversity, size and degree of freedom of disposal granted to them according to the risk-based approach.
- Crime risks and understanding them and the policies, internal controls and procedures applied by Financial Institutions, financial groups, Designated Non-Financial businesses or Professions or Virtual Asset Service Providers, as defined in the Supervisory Authority's assessment of their respective risk structure.
- National Risk Assessment
- Taking all necessary measures to ensure full compliance with the Financial Institutions, Designated Non-Financial Businesses and Professions and Virtual Asset Service Providers by implementing the Security Council resolutions relating to the prevention and suppression of terrorism and its financing and the prevention, suppression and cessation of the proliferation of weapons of mass destruction (WMD) and their financing. This is in addition to other relevant resolutions, through field visits and continuous follow-up, and imposing appropriate administrative penalties when violating or failing to apply the instructions.
- Verifying that the establishments under its control adopt and apply the controls, procedures and measures prescribed in accordance with the provisions of the Decree-Law and this resolution, and implementing them in its foreign branches and subsidiaries in which it owns the majority share to the extent permitted by the regulations of the state in which these branches and companies are located.
- Verify the extent to which the Financial Institutions subject to the international basic principles of financial control are subject to regulation and control in accordance with those principles. Such principles shall include the application of consolidated control at the level of the financial group for AML/CFT purposes. This is in addition to ascertain the extent to which they are subject to regulation, control or follow-up, with regard to other Financial Institutions, in accordance with the degree of ML/FT risks.
- Reviewing the assessment of the Establishment and the financial group of the crime risk structure, including the risk of non-compliance, periodically or when there are significant developments in the management of the Establishment or the financial group and its operations.
- Establishing adequate controls and procedures to ensure that Financial Institutions, Designated Non-Financial Businesses and Professions, and Virtual Asset Service Providers are informed of the Committee's decisions related to the following:
- Enhanced due diligence and countermeasures identified by the Committee.
- Any concerns related to weaknesses in AML/CFT systems in other countries.
- Any other resolutions issued by the Committee.
- Enhanced due diligence and countermeasures identified by the Committee.
- Providing those under its control with guidance and feedback to enhance the effectiveness of its implementation of anti-crime measures.
- Maintaining an updated list of the names and data of compliance officials of the establishments under its control and informing the unit of it. In addition, it has the right to oblige those establishments to obtain its prior approval before appointing compliance officials.
- Organizing awareness programs and campaigns on anti-crime.
- Issuing decisions to impose administrative sanctions in accordance with the provisions of the Decree-Law, this Resolution, the supervisory decisions and any other relevant decisions and the mechanism of filing complaints against them.
- Keeping statistics on the measures taken and the sanctions imposed.
This article has been amended by Cabinet Resolution No. (24) of 2022. You are viewing the latest version. To view the previous version, click the version box below.
Version 1(effective from 10/02/2019 to 01/04/2022)
The Supervisory Authorities, each in accordance with its specialisations, shall assume the functions of supervision, monitoring and follow-up to ensure compliance with the provisions of the Decretal-Law and this Decision and shall be specialised in the following:
- Conducting a risk assessment for any potential occurrence of the Crime in legal persons, including Financial Institutions and DNFBPs.
- Putting in place the Crime-Combating regulations, instructions and forms for the entities subject to their supervision, when necessary.
- Putting in place the required procedures and controls to assess the compliance of supervised institutions with the provisions of the Decretal-Law and this Decision and any other legislation related to combating the Crime in the State, as well as to request the information relating to such compliance.
- Setting and applying the regulations, controls, standards of merit to anyone who seeks to acquire, control, participate in management or operation, whether directly or indirectly, or to be the beneficiary of Financial Institutions and DNFBPs.
- Conducting onsite and offsite supervision and inspections over Financial Institutions and DNFBPs.
- Determining the frequency of supervision and inspection over Financial Institutions, Financial Groups, and DNFBPs based on the following:
- National Risk Assessment
- Distinctive characteristics of Financial Institutions, Financial Groups and DNFBPs in terms of their diversities, numbers and the degree of discretion provided to them under the risk-based approach.
- Risks of the Crime as well as internal policies, controls and procedures associated with Financial Institutions, Financial Groups, or DNFBPs as identified by the Supervisory Authority’s assessment of each’s risk profile.
- National Risk Assessment
- Undertaking all measures to ensure full compliance of the Financial Institutions and DNFBPs in implementing Security Council Resolutions relating to the prevention and suppression of terrorism and Terrorism Financing, and the prevention and suppression of the proliferation of weapons of mass destruction and its financing, and other related decisions, by conducting onsite visits and on-going monitoring, and imposing appropriate administrative sanctions when there is a violation or shortcoming in implementing the instructions.
- Ensuring that the prescribed measures are adopted by the supervised institutions in accordance with the provisions of the Decretal-Law and this Decision, and that these measures are implemented in their foreign branches and majority-owned subsidiaries to the extent permitted by the laws of the country, where those branches and subsidiaries exist.
- Periodically reviewing the assessment of the Crime risk profile of a Financial Institution and Financial Group (including the risks of non-compliance), and when there are major events or developments in the management and operations of the Financial Institution or Group.
- Ensuring the compliance of Financial Institutions and DNFBPs subject to their supervision in implementing enhanced CDD measures on Customers and ongoing monitoring of the business relationship related to High-Risk Countries.
- Providing Financial Institutions and DNFBPs with guidelines and feedback to enhance the effectiveness of implementation of the Crime-combatting measures.
- Maintaining an up-to-date list of the names and data of compliance officers of the institutions under their Supervision, and notifying the FIU thereof; and requiring those institutions to obtain their prior consent before appointing their compliance officers.
- Conducting programs and outreach campaigns on combating the Crime.
- Issuing decisions of imposing administrative sanctions in accordance with the provisions of the Decretal-Law and the present Decision, and the mechanism for submitting relevant grievance.
- Maintaining statistics about the measures taken and sanctions imposed.