Rules and Circulars
All Circulars
ATM
Finding Damaged Boxes for ATM Replenishment
Referring to the telegram of the Undersecretary of the Emirate of Riyadh Province No. 113337 dated 08/10/1437 H, which includes the reports of the security patrols regarding the sighting of special boxes feeding ATMs in front of the ATMs of some banks. And that after removing the boxes, it was found that they were damaged and deliberately thrown away by the feeding team, which causes an increase in security measures and costs time and effort for the security authorities to search and find out the reasons that led to this.
Accordingly, please adhere to the procedures issued in SAMA Circular No. 361000064350 dated 03/05/1436 H regarding the importance of banks taking all precautionary measures while feeding ATMs, including the obligation to fill feeding boxes and keep them under double supervision within cash centers, with an emphasis on following up the performance of companies contracting to transfer funds and feed ATMs, by doubling supervision and control.
Targeted Operating Ratios for Bank ATMs
Referring to SAMA Circular No. 341000110148 dated 10/9/1434H regarding the issuance of the Service Level Agreement for Automated Teller Machines (ATM SLA), the contents of which were implemented as of the beginning of 2014. SAMA commends the role played by banks during the previous period, which included strategic and operational changes that contributed to raising the level of service and overcoming challenges to achieve the operational ratios targeted in the agreement.
We would also like to inform you that SAMA has studied the current market situation - and the changes and data that have occurred on it - and redetermined the target operating ratios, as it was decided that the operating ratio for the period from the fourth quarter of 2014 until the end of the first half of 2016 will be as follows:
Year
2014
2015
2016
Period
Fourth Quarter
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
First Quarter
Second Quarter
Target Ratio
95.50%
95.75%
96.00%
96.25%
Accordingly, SAMA will update the document according to the ratios set above and recalculate the operating ratios for banks and the banking sector and implement them, starting from the fourth quarter of 2014.
High ATM Footfall During Seasons and Fast Cash Depletion
You know the great demand in all regions and cities of the Kingdom to use ATMs during seasons and holidays, which may cause r cash to run out quickly or malfunction of some devices, and due to the need of citizens and pilgrims to shop and obtain cash from ATMs during the Hajj season and Eid days, which requires supporting and strengthening the bank's ATMs network and points of sale, especially in the holy sites in both Makkah Al-Mukarramah and Al Madinah Al-Munawarah to achieve a high operating rate that keeps pace with the expected increase and avoid machine breakdown or running out of cash.
Therefore, we hope to take the necessary measures to achieve the following:
First: Supporting the bank's ATM network and technical equipment in terms of the capacity to handle transactions and the speed of processing, especially during peak times. Second: Providing qualified and necessary human support to ensure the proper functioning of systems around the clock and providing the operating team at SAMA with their names, working hours and phone numbers. Third: Analysis of the results of operations by specialists in the bank in real time in order to detect any failure that may occur and address it immediately.
Fourth: The need for sufficient cash in ATMs and the speed of feeding them with cash, especially during the Eid holiday period, to meet the needs of citizens and residents during the period of closing bank branches. Extending the Time Frame for Maintaining Bank's ATMs Security Camera Recordings
This section is currently available only in Arabic, please click here to read the Arabic version.Compliance with the Circulars Issued by SAMA
Recently, it has been noted the recurrence of the problem of cash retracted, where this case occurs when cash is not withdrawn from the ATM after it has been withdrawn, and a circular was previously issued recommending not sending an automatic reversal of operations in this case and doing them manually after ensuring that the customer did not receive the cash or part of it, and stressing the importance of processing these operations manually to protect the rights of customers, and based on SAMA's keenness to continue the conduct of operations in the Saudi network in the best possible way and to preserve the rights of customers and banks alike, so we would like to note that all banks linked to the network must abide by all agreements and circulars issued by SAMA in previous periods and apply them to any updates in the banking systems in order to avoid any problems resulting from non-compliance with the application of these circulars when moving to the new system (SPAN2), so we hope that everyone will adhere to the above and in case of any inquiries you can contact the banking technology department.
Retention of CCTV Footage from ATMs
This circular is currently available only in Arabic, please click here to read the Arabic version.Reducing the Rate of Declined Card Transactions
In reference to SAMA's circular No. BCB/813 dated 01/12/1420H regarding declined bank card transactions at ATMs and the continuous follow-up by SAMA of the performance of bank customers on the ATMs of other banks.
I inform you that after studying and analyzing the rejected transactions on banks' ATMs for the past years and with the aim of providing distinguished services to citizens that reflect the reality of the banking system in the Kingdom and its development, SAMA will reduce the acceptable rate of rejection as of 01/06/2012. SAMA hopes that banks will work to improve performance and reduce the rate of declined transactions of the bank's cards on their devices as well as on other banks' devices, in accordance with the instructions of SAMA in this regard.
ATM Feeding
This section is currently available only in Arabic, please click here to read the Arabic version.ATM Fraud
Recently, SAMA has noticed instances of ATM fraud in some neighboring countries. This involves downloading certain programs and files to instruct the cash dispensing unit of the machine to dispense cash from the feeding boxes, without affecting customer accounts.
SAMA urges all banks operating in the Kingdom to exercise caution regarding these operations and to implement necessary precautionary measures to monitor any unauthorized access or use of ATM machines. It is essential to activate all appropriate procedures for protecting the machines, ensure the functionality of security systems and surveillance cameras, mitigate the damages and risks associated with electronic hacking, and take necessary actions to communicate with equipment suppliers while training staff responsible for monitoring ATMs.
We hope that you will adhere to these guidelines and inform SAMA immediately if any similar incidents occur, God forbid, as well as to report on the measures to be applies to limit hacking operations on ATMs urgently within a week from its date.
Place Advertising Stickers on ATMs that Offer Early Repayment of Borrowers' Debts - 2014
Referring to SAMA’s Circular No. 27780/MAT/13135 dated 27/5/1431H, which refers to SAMA’s Circular No. 51224/MAT/995 dated 30/10/1430H regarding the phenomenon of individuals and offices placing promotional stickers on ATMs offering early settlement of borrowers’ debts with banks, assisting them in obtaining new loans, and advertising installment sales. Such practices constitute a violation of Article 2 of the Banking Control Law issued under Royal Decree No. M/5 dated 22/6/1386H. Banks are required to implement procedures to prevent the placement of promotional stickers on ATMs, raise awareness among customers regarding the violations and risks of this phenomenon, and instruct branch managers, staff, and relevant department employees not to cooperate with any individual or office in any way or assist anyone engaging in these practices. They must report any individual or entity involved in such activities to SAMA. It is emphasized that any violation or concealment by any official or employee will result in penalties in accordance with the provisions of the Banking Control Law and the Anti-Money Laundering Law.
In light of the continued occurrence of this phenomenon, we stress the necessity for banks to implement measures to prevent the placement of promotional stickers on ATMs, raise awareness among employees about the violations and risks associated with this phenomenon, intensify awareness campaigns for customers about the dangers of dealing with individuals engaging in these activities, and emphasize that these practices violate the Banking Control Law and the Anti-Money Laundering Law. Violators will be penalized in accordance with the provisions of these laws.
Please act accordingly and provide feedback on the actions taken within two weeks from the date of this notice.
The Formation of a Committee to Study the Implementation of an Appropriate Mechanism That Would Limit the Theft of ATMs
Referring to the letter from His Royal Highness the Crown Prince, Deputy Prime Minister, and Minister of Interior No. 22380 dated 30/3/1433 H, which refers to His Royal Highness's letter No. 2290/2/5/1 dated 12/1/1432 H, regarding the approval to form a committee comprising Public Security, the Ministry of Municipal and Rural Affairs, and the Central Bank to study the appropriate mechanism to limit the recurrence of ATM uprooting and theft and the preventive security measures that ensure the detection of any attempt before the theft occurs. The committee has reached a number of security measures to limit the recurrence of this phenomenon, and His Royal Highness has expressed a desire to implement the following recommendations:
Take into account the geographical characteristics of the ATM location to ensure easy access to the device without hindering rapid intervention in emergencies. Avoid areas prone to heavy fog or sandstorms. If the ATM is located in a fuel station, the station’s total area must be no less than 3,000 m² for stations within cities and 4,000 m² for stations outside cities, including all associated facilities.
Ensure the provision of a digital CCTV system for monitoring and recording at all ATMs with a minimum recording resolution of 4 frames per second. The recordings must be retained for a period of one year. The system should include (external camera to monitor activity in front of the ATM, covering the area around the user and their vehicle, internal camera to clearly capture the features of the ATM user, camera for the ATM feeding room to monitor activities within the area used for feeding the ATM). Each ATM must be equipped with an independent recording unit. Additionally, a cooling and ventilation system should be provided to ensure the efficiency and continuity of the recording process. There should be also a mechanism for remote monitoring of all external ATM recording systems, operating 24/7, with the capability to download recordings remotely.
Installing a satellite tracking chip inside the device's safe that enables it to locate the device if it is uprooted.
Provide a theft and fire detection and alarm system to detect tampering attempts, which includes a vibration and frequency detector and an infrared sensor connected to the theft detection and alarm system for back-fed devices.
Provide the following structural requirements:
a) Make a reinforced concrete base buried in the ground with a depth of at least (50) cm and dimensions that exceed the dimensions of the ATM by at least (25) cm on all sides to install the ATM.
b) The device is fixed to the concrete base by four nails with a thickness of (25) mm and a depth of at least (30) cm inside the concrete base, taking into account that the nail has a hooked end that is fixed to the rebar of the concrete base to make it difficult to remove it.
c) Construct two reinforced concrete columns adjacent to the ATM from the right and left with a thickness of at least five inches. These columns are laminated with steel on the outside and buried in the concrete base at a depth of not less than (30 cm) cm and fixed with base reinforcement, and a third steel belt is placed transversely above the outer surface of the ATM. This belt is made of steel skewers with a thickness of at least three inches, welded and anchored to the rebar of the concrete base at a depth of at least (30) centimeters.
d) For ATMs that are located in their own independent rooms (Lobby ATM), only the upper part that the customer needs (screen - card insertion slot - keyboard - cash output slot) should be visible, and it is sufficient to install the device with four nails with a thickness of (16) mm and a depth of not less than (10) cm, and that room is independent and sealed with a tight door that opens with secret numbers, and the door should not be from the back or side of the building, but rather next to the ATM, and the ATM is fed from the back inside the independent room, which must be sealed with a secure door that opens with secret numbers. The door is not from the back or side of the building, but rather next to the ATM, and the ATM is fed from the back from inside the independent room, all sides of which must be made of cement bricks and no gypsum board or wood is used, and all security precautions are available, including surveillance cameras, a burglar alarm, a backup generator, and concealment of all electrical wiring. These rooms become an alternative to the rooms in which the ATM is fully visible, with the exception of ATMs in the central area of the Two Holy Mosques and airport lounges.
e) For ATMs located in closed shopping malls, it is sufficient to place them in a safe place under the eyes of the security guards of the complex and fix them with four nails with a thickness of (16) mm and a depth of at least (10) centimeters.
f) Hide all connections and cables inside metal conduits.
g) Providing all ATMs with sufficient lighting around the clock.
h) Linking ATMs to banks' operations rooms to receive any alarms that may arise.
i) When feeding and maintaining ATMs, the following should be followed:
- Feeding and maintenance shall be during official working hours and on holidays from 9:00 a.m. to 5:00 p.m. Feeding and maintenance shall not be at fixed and known times.
- The bank's security guards must be present at the time of feeding or maintenance.
- Notify the Ministry of Interior's security operations room.
For your information and take the necessary measures to comply with the above and inform us.
Provide Security Authorities with CCTV Footage of ATMs
Referring to SAMA Circular No. 20823/BCI/337 dated 5/6/1426 H regarding determining the retention period for CCTV systems and ATMs, which includes that the retention period of CCTV footage surveillance of ATMs shall be at least six months, and referring to SAMA Circular No. 9367/MT/141 dated 12/3/1427 H, which stipulates providing SAMA branches and the security authorities directly with television filming of ATMs at their request.
We would like to note that SAMA received the letter of His Excellency the Undersecretary of the Emirate of Riyadh No. 9503 S dated 25/8/1430 H regarding the reception of police stations reports from citizens and residents stating that they were exposed to fraud and theft of their ATM cards and their use in ATM withdrawals, and that the investigation authorities face the following difficulties:
- Delay in sending the required TV recording tapes, which may lead to the escape of the accused and delay in circulating their descriptions and searching for them
- Failure to specify the required operations times.
- Failure to attach the programs running for the TV recording.
- Lack of clarity of TV filmimg due to the use of regular cameras or flimimg from one side.
- Malfunction of the recording tapes.
We would like to emphasize the commitment to the content of the circulars referred to above, address the above-mentioned observations, cooperate fully with the branches of SAMA and the security authorities, and provide them with the required television recording and the programs operating it within a maximum period of ten days from the date of their request.
Post Advertisements on ATMs for Services Offered by Individuals and Offices for Early Repayment of Borrowers' Debts - 2010
This section is currently available only in Arabic, please click here to read the Arabic version.Post Advertisements on ATMs for Services Offered by Individuals and Offices for Early Repayment of Borrowers' Debts - 2009
Recently, there has been an observed increase in the practice of attaching promotional brochures to ATMs by individuals and offices. These brochures advertise services such as early repayment of borrowers' debts, assistance in obtaining new loans, and installment plans for goods and prepaid communication cards with varying interest rates.
These practices are in violation of Article 2 of the Banking Control Law issued by Royal Decree No. M/5 dated 22/6/1386H, which states: "No person, natural or juristic, unlicensed in accordance with the provisions of this Law, shall carry on basically any of the banking business." The Implementation Rules for Banking Control Law further clarify these activities and specify penalties for violations under paragraph 1 of Article 23 of the same law, which states: "Imprisonment for a term not exceeding two years and to a fine not exceeding SAR 5,000 for every day the offense continues or to either of these penalties for any person who contravenes the provisions of paragraph 1 of Article 2 ."
Since the Banking Control Law provides the regulatory framework under which banks operate and are subject to supervision and oversight, the activities conducted by individuals and office owners are in violation of this law. These activities have negative implications for national security and the economy, directly affecting public interest, conflicting with the operations of banks, and impacting their interests. Additionally, their practices may involve money laundering activities, especially since they are unlicensed and not subject to any supervision, oversight, or regulation. Their actions may also lead to breaches of banking confidentiality.
Therefore, we request the implementation of the following measures:
- Implement measures to ensure that promotional stickers are not placed on ATMs.
- Educate customers about the illegality and risks associated with this practice.
- Direct branch managers, staff, and employees in relevant departments to refrain from cooperating with individuals or office owners in any way or assisting anyone in carrying out these activities. They must report any individuals or entities engaging in such practices to the Central Bank. Additionally, emphasize that any violation, assistance, or concealment by any official or employee will result in penalties in accordance with the Banking Control Law and the Anti-Money Laundering Law.
We request a report on the actions taken within two weeks from the date of this circular.
Follow Up on ATM Maintenance Specifically During Holidays and Paydays
This section is currently available only in Arabic, please click here to read the Arabic version.Provision of Standard Banking Services Through Tellers
Due to the increasing number of complaints received by SAMA from customers with banks represented in the refusal to provide banking services available at ATMs through the tellers' windows, including the non-acceptance of the implementation of withdrawals and cash deposits in small amounts or the payment of utility bills.
SAMA would like to reiterate to all banks the need to fully comply with the instructions of SAMA issued regarding the acceptance of the implementation of cash withdrawals and deposits, regardless of their amounts, and the acceptance of payment of public utility bills through the teller windows in all branches of the bank, while continuing the bank's policy towards encouraging and educating customers on the use of banking technologies, including ATMs, to carry out the banking operations referred to above, noting the importance of banks following up on the performance of the work of ATMs and their maintenance. Continuously.
SAMA will ensure the compliance of the branches with these instructions and apply the fines stipulated in the Banking Control Law against the violating branches.
Requests to Reserve Television Filming of ATMs
This section is currently available only in Arabic, please click here to read the Arabic version.Distribution of Cash Denominations at Local Bank ATMs
In the Central Bank's effort to enhance the efficiency of cash usage, meet the local market’s needs for different denominations of banknotes, and ensure a balanced distribution of these denominations to facilitate commercial transactions based on ATM locations, withdrawal rates, and feeding periods, and based on the significant role played by local banks in providing cash through ATMs. And since the Central Bank has observed a rising demand for the 50 Riyal denomination based on direct withdrawals from its branches, indicating public need. Consequently, it is crucial for banks to ensure the availability of various denominations according to the preferences of citizens and residents.
Therefore, the Central Bank urges banks to study ATM withdrawal patterns and adjust denominations to align with those patterns, especially by adding the 50 Riyal denomination in ATMs with lower withdrawal rates. Banks are also requested to provide these denominations to customers at their branches and to cooperate in this regard within their available resources. Distribution models (1, 2) attached may serve as guidance. Additionally, banks are requested to inform the Treasury and Issuance Department at the Central Bank of any changes made, as deemed necessary to meet beneficiaries' needs. This will allow us to collectively monitor how effectively we respond to the preferences of ATM service users.
Distribution of Banknotes in Local Bank ATMs
In line with the role played by local banks in providing cash through ATMs, and in SAMA's commitment to enhancing the efficiency of cash utilization and meeting the local market's demand for various denominations of banknotes, as well as ensuring a balanced distribution of these denominations to facilitate commercial transactions based on the locations of ATMs, their actual withdrawal rates, and their replenishment schedules, SAMA has conducted a study to redistribute banknote denominations for ATM withdrawals in a manner that meets the needs of both beneficiaries and banks.
The study concluded that the distribution of banknote denominations should be as follows:
First: Banknote denominations for withdrawal transactions should be distributed according to the attached distribution table (Type A) for no less than 10% of the bank's total ATMs. This is intended to cover ATMs with withdrawal rates of less than SAR 2,500 per transaction on a monthly basis.
Second: According to the (Type A) distribution, withdrawals should be in multiples of SAR 50, with a maximum withdrawal limit of SAR 2,500 per transaction, as indicated by the ATM's operational metrics.
Third: Cash denominations should be distributed according to distribution table (Type B) in the rest of the ATMs according to the bank's assessment, provided that withdrawals should be in multiples of 100 riyals and that the maximum limit for each withdrawal should not exceed 5,000 riyals according to the ATM's operational metrics.
Fourth: Banks issuing Saudi Network cards should consider amending the ATM rules to comply with the distribution of (Type A) categories while granting authorization to the host bank for the disbursement process.
Fifth: Banks shall take into account, in the manner they deem appropriate, the selection of what distinguishes (Type A) devices from (Type B) devices.Therefore, SAMA hopes that all banks, before adopting the above proposal, will provide us with their views by having a representative of the bank attend the meeting of SAMA's Treasury and Issuance Department, which will be held on Sunday 27/06/1424H corresponding to 24/08/2003G at SAMA's head office building.
Type A
Amount
200
100
50
Number of Notes Per Transaction
50
0
0
1
1
100
0
0
2
2
150
0
0
3
3
200
0
4
4
250
0
0
5
5
300
0
0
6
6
350
0
0
7
7
400
0
0
8
8
450
0
0
9
9
500
0
1
8
9
550
0
1
9
10
600
0
2
8
10
650
0
2
9
11
700
0
3
8
11
750
0
3
9
12
800
0
4
8
12
850
0
4
9
13
900
0
5
8
13
950
0
5
9
14
1000
2
4
4
10
1050
3
3
3
9
1100
3
3
4
10
1150
3
3
5
11
1200
3
4
4
11
1250
3
4
5
12
1300
4
3
4
11
1350
4
4
3
11
1400
4
4
4
12
1450
5
3
3
11
1500
5
4
2
11
1550
5
4
3
12
1600
5
4
4
13
1650
5
4
5
14
1700
5
4
6
15
1750
5
5
5
15
1800
5
5
6
16
1850
6
4
5
15
1900
7
4
2
13
1950
7
4
3
14
2000
7
4
4
15
2050
7
5
3
15
2100
8
4
2
14
2150
8
4
3
15
2200
8
4
4
16
2250
8
5
3
16
2300
8
7
0
15
2350
8
7
1
16
2400
8
7
2
17
2450
8
7
3
18
2500
8
7
4
19
Average
3.5
3.36
4.78
Max Number of Notes
19
Average Number of Notes
11.64
Type B
Amount
500
200
100
Number of Notes Per
Transaction
100
0
0
1
1
200
0
1
0
1
300
0
1
1
2
400
0
1
2
3
500
0
1
3
4
600
0
1
4
5
700
0
1
5
6
800
0
1
6
7
900
0
1
7
8
1000
0
3
4
7
1100
0
3
5
8
1200
0
3
6
9
1300
0
3
7
10
1400
1
2
5
8
1500
2
1
3
6
1600
2
1
4
7
1700
2
1
5
8
1800
2
2
4
8
1900
2
2
5
9
2000
2
2
6
10
2100
2
3
5
10
2200
2
3
6
11
2300
3
2
4
9
240
3
2
5
10
2500
3
3
4
10
2600
4
2
2
8
2700
5
0
2
7
2800
5
0
3
8
2900
5
1
2
8
3000
5
1
3
9
3100
5
2
2
9
3200
6
0
2
8
3300
6
1
1
8
3400
6
1
2
9
3500
6
2
1
9
3600
6
2
2
10
3700
6
3
1
10
3800
6
3
2
11
3900
7
1
2
10
4000
7
1
3
11
4100
7
2
2
11
4200
8
0
2
10
4300
8
1
1
10
4400
8
1
2
11
4500
8
1
3
12
4600
9
0
1
10
4700
9
1
0
10
4800
9
1
1
11
4900
9
1
2
12
5000
9
2
1
12
Average
3.9
1.48
3.04
Max Number of Notes
12
Average Number of Notes
8.42
Current
Amount
500
200
100
Number of Notes Per Transaction
100
0
0
1
1
200
0
0
2
2
300
0
1
1
2
400
0
1
2
3
500
0
2
1
3
600
0
2
2
4
700
0
3
1
4
800
0
3
2
5
900
0
4
1
5
1000
1
2
1
4
1100
1
2
2
5
1200
1
3
1
5
1300
1
3
2
6
1400
1
4
1
6
1500
1
4
2
7
1600
1
5
1
7
1700
1
5
2
8
1800
1
6
1
8
1900
1
6
2
9
2000
2
4
2
8
2100
2
5
1
8
2200
2
5
2
9
2300
2
6
1
9
2400
2
6
2
10
2500
2
7
1
10
2600
2
7
2
11
2700
2
8
1
11
2800
2
8
2
12
2900
2
9
1
12
3000
3
7
1
11
3100
3
7
2
12
3200
3
8
1
12
3300
3
8
2
13
3400
3
9
1
13
3500
3
9
2
14
3600
3
10
1
14
3700
3
10
2
15
3800
3
11
1
15
3900
3
11
2
16
4000
4
9
2
15
4100
4
10
1
15
4200
4
10
2
16
4300
4
11
1
16
4400
4
11
2
17
4500
4
12
1
17
4600
4
12
2
18
4700
4
13
1
18
4800
4
13
2
19
4900
4
14
1
19
5000
5
12
1
18
Average
2.1
6.76
1.48
Max Number of Notes
19
Average Number of Notes
10.34
Debit Cards, Phone and Online Banking Fraud Prevention
Referring to previous Central Bank directives, the latest of which is Circular No. (19109/BCT/166 dated 21/10/1422H), regarding The Need to Limit Fraud and Manipulation with ATM Cards, Phone Banking, and Online Banking Services, and to ensure banks fulfill their responsibilities in providing these services. Banks are required to educate their customers about the associated risks and have robust monitoring systems and policies to prevent such incidents.
Given the Central Bank's observation of an increasing use of these services by bank customers, the following instructions are issued to banks providing such services and similar ones:
First: A specific annual budget should be allocated for a comprehensive and continuous program aimed at raising awareness among the bank’s customers (especially senior citizens). This program should include information related to the following:
- Emphasize the importance of protecting the card and PIN, avoiding writing it on the card or keeping it in the wallet, and stressing the customer's responsibility in this regard.
- Enable the customer to choose their own PIN and raise their awareness to avoid selecting easy numbers or numbers related to birth dates, phone numbers, or national ID cards.
- Provide clear steps for the customer to follow in case of card loss, theft, or damage.
These details can be communicated to the customer through various methods chosen by the bank, including:
- General instructions on how to use the card and the importance of safeguarding it and the PIN, sent with the card to new customers.
- Displaying brief messages and tips to customers when using ATMs.
- Distributing brochures and leaflets to customers or through various media channels.
- Through monthly account statements or direct communication, whether by phone or through branch employees.
Second: Regularly review and update monitoring systems and procedures as needed. These procedures must include advising bank customers to choose a different PIN for telephone banking services than the one used for ATMs, point-of-sale devices, and internet banking. Customers should also be reminded not to disclose their PIN.
Third: Implement the necessary technical measures to ensure that the full account number (or ATM card number) does not appear on ATM receipts provided to customers when conducting transactions.
Fourth: In general, the bank’s management is responsible for reviewing fraud cases, whether they result in financial losses or other non-financial damages, and reporting them to the Central Bank. These cases may indicate larger-scale fraudulent activities.
It is worth noting that the Central Bank issues such directives to protect the bank and its customers. The bank must make every effort to resolve all disputes with its customers without delay. Failure to comply with any of the Central Bank’s instructions or similar directives will result in the bank being held accountable.
We request the implementation of all these measures and adherence to them. Please confirm receipt of this circular.
Providing the Agency with the Required Statistics of Financial Transactions Conducted Via Automated Teller Machines (ATMs)
As you well know, since the operation of SPAN on 20-5-1990, SPAN has been witnessing steady development, in terms of daily operations, ATM expansion and card holders, which clearly indicates the success and importance of these services.
In our desire to see all the banks respond adequately to this expansion, we hope you provide us continuously at the end of each month with the necessary statistics in accordance with our circular No. BC/223 dated 16-5-1409 (26-12-1988), showing a general picture of the financial operations executed by ATMs.
We also hope that you make sure the bank ATM network is compatible with SPAN specifications for the purpose of expanding the client services and realize the benefit of all parties concerned.
Reaffirming to Banks that All their ATMs Must Be Fully Stocked with Cash at All Times, Including on Thursdays and Fridays
As you well know, the banks have established ATM to serve the clients and avail them with the opportunity of withdrawing from their accounts at any time and place. This was supported by the creation of SPAN jointly by SAMA and the banks, which enabled all clients to use any ATM belonging to a bank member of SPAN anywhere in the Kingdom. This is certainly a good step in serving the clients which fulfills their need for cash at any time and place, specially when the banks are closed. It also plays an effective role in reducing the rush on banks.
In view of the importance of keeping the clients assured that cash is always available at ATMs, and since it was noticed by SAMA that this is not always the case, and to avoid unpleasant consequences, we call on all banks to double their efforts to keep the machines adequately supplied with cash at all times, including Thursdays and Fridays, and always operative. The present situation may require the banks to continuously check on these machines and feed them with cash.
Please be informed and act accordingly.
ATMs
Reference the authorization by SAMA of some banks to use in branch and off-site ATMs, we hope you observe the following:
- ATMs should be operative for 24 hours daily.
- Daily withdrawal should not exceed SR 5,000 in cash and 10,000 in traveler checks or the equivalent of SR 10,000 in foreign currencies at ATMs in sea and airports.
- Daily withdrawal in cash and traveler checks should not exceed SR 10,000 per person in 24 hours
- Only checks, not cash, can be deposited at ATMs by the card holder.
- Total cash withdrawal, in the event of multiple credit cards, should not exceed SR 5,000 from one single account.
- ATMs should not be used to transfer funds from one account to the other unless both are for one person.
- The installation of off-site ATMs requires the prior approval of Saudi Central Bank.
- Banks must provide Banking Control with monthly statistics as per attached form.
Bank Name : _______________________________________________________________________________________________
Department Concerned ___________________________________________________________________________________
ATM Yearly Statistics
Report date : _______________________________________________________________________________________________
I. A C C O U N T S
I.1 ANNUAL FORECAST :
(To be submitted annually for the next five (5) years)
1988
1989
1990
1991
1992
TOTAL ACCOUNTS
TOATAL ATM
CARDS
TOTAL ATMs
TOTAL TRANSACTIONS
Bank Name : ____________________________________________________________________________________________________________________________
Department Concerned ______________________________________________________________________________________________________________
ATM Monthly Statistics
for the (Gregorian) month of _________________________________________________________________________________________________________
Report date : _________________________________________________________________________________________________________________________
I.2 CUSTOMERS STATISTICS
TOTAL ACCOUNTS
TOTAL ATM
CARDS
RERCENT OF TOTAL ACCOUNTS
TOTAL ACTIVE
CARDS
PERCENT OF
TOTAL CARDS
II. A T M ' s
II. 1 CURRENT DIRECTORY BY LOCATION (INSTALLED OR PLANNED)
ITEM NO.
LOCATION
ATM IDENTIFIER
ATM
TYPE (*)
ATM MODEL
SERVICE
HOURS
INST'N DATE
TRANS PER MONTH
Note: * ATM TYPEs are - In branch, thru the wall
- In branch, special lobby
- In branch, standalone
- off-site thru the wall
- off-site special lobby
- drive-up
III. TRANSACTIONS
III.1. ATM TRANSACTIONS PROCESSED
TRANSACTIONS
THIS MONTH
PREVIOUS MONTH
ANNUAL FORECAST
TOTAL
WITHDRAWALS
BALANCE ENQ.
OTHERS
III. 2 PERFORMANCE DATA
- Last month's average transactions:
- per ATM _______________________________________________________________________________________________________________________
- per CARD ______________________________________________________________________________________________________________________
- Maximum transactions at an ATM last month _____________________________________________________________________________________
- Average Cost per ATM last month _________________________________________________________________________________________________
- Average Cost per transaction last month __________________________________________________________________________________________
- Average total transaction time (from card insertion till completion) last month __________________________________________________
- Average system response time last month ________________________________________________________________________________________
- Average amount in withdrawal transactions last month __________________________________________________________________________
- Absolute average uptime last month _____________________________________________________________________________________________
- Total number of problems acted upon at network control last month ___________________________________________________________
- Peak time : from _______________ HRS to ___________________________ HRS.
Replenish ATMs by Licensed Security Companies for Money Transportation
Based on the keenness and interest of SAMA to encourage everything that would develop the banking sector and the services it provides, and given the possibility of providing the service of feeding ATMs by licensed local security companies, and the desire of local banks to enter and participate in this service by filling cash containers and assigning security companies to transport these containers from the bank and enter them into ATMs at the bank's responsibility regarding the cash they contain, as well as the contents of ATMs From inks, customer receipt papers, ATM tape paper and cards held inside the machine, SAMA does not mind that, provided that the bank follows up and provides its service providers with them and verifies the application of the instructions of SAMA, and considers the bank the first and last responsible towards SAMA in the application and implementation of those instructions to reach the greatest degree of security, and in a way that preserves the rights of the bank with the providers of this service and provides the best services to customers benefiting from banking services, in accordance with the standards and controls The following procedural, regulatory and technical procedures:
First: - Approval of SAMA
Banks are obliged to submit to SAMA draft agreements for the implementation of this service with the concerned companies and attach them the detailed procedures for feeding ATMs, before starting to contract with service providers for study and approval by SAMA.
Second: Regulatory Procedural Standards and Controls:
- Implementing the provisions of SAMA Circular No. 8187/MT/336 dated 7/6/1419 H, which includes circulars on the controls of money transfer, and No. 17989/MT/778 dated 17/11/1420 H, to which the executive regulations governing the practice of the activity of transferring funds and precious metals are attached.
- The transport of cash containers shall be carried out by armored vehicles in accordance with the technical specifications set forth in the Security Safety Manual issued pursuant to SAMA Circular No. 485/MA/36 dated 7/1/1416H (the part on the procedures for transporting cash for commercial banks and transport companies).
- Implementing the instructions of SAMA notified pursuant to Circular No. 6898/MT/287 dated 4/5/1420 H on the procedures and controls to be followed when carrying out the maintenance of ATMs.
- Comply with the provisions of SAMA Circular No. 12327/MT/550 dated 26/8/1419 H, which stipulates the need to coordinate and inform the security authorities when transferring funds.
- Banks must ensure that the cash containers are sealed before handing them over to the company, exclusively for legal liability, so that a metal or plastic strip is placed with a special number that is closed by those responsible for packing cash containers and is opened only by those responsible for cash containers in banks, after making sure that the metal or plastic strip number matches and then opened by them.
Third: Technical Standards and Controls:
- Banks must ensure that the concerned companies pay attention to the level of service provided through ATMs, and provide the necessary training to those in charge of feeding and maintaining ATMs, whether through banks or ATM suppliers.
- Banks should oblige these companies to quickly deliver packed and also used cash containers, strips of inventoried machines and retained cards to banks, in order to speed up the matching process, pay the existing increases, and speed up the return of the issued retained cards according to the procedures regulating this in the Saudi Payment Network Guides.
- The banks shall be responsible for the application by the concerned companies of the controls and procedures for feeding the ATMs notified to all banks under the following SAMA circulars No. 19886/MT/214 dated 01/08/1414 H, No. 2193/MT/102 dated 13/02/1419 H, and No. 11843/MT/588 dated 24/9/1415 H, provided that banks are responsible for informing companies of any developments received from SAMA on these controls and procedures.
- The bank shall monitor the performance of its ATMs and the principal to fill them with cash containers for these companies and ensure the availability of cash and all the contents of ATMs such as inks, customer receipt papers and ATM tape paper.
- Banks should be responsible for managing cash in ATMs and determining the amounts required for each ATM by analyzing the number and amounts of transactions in each ATM.
- Obliging banks to place the new denominations of banknotes in implementation of SAMA's circular No. 18765 / QA / 817 dated 02/12/1420 H to provide the denomination of two hundred riyals in all ATMs of all local banks.
- The money transfer company has the right, in the narrowest limits, to keep a number of cash containers in the event that they cannot be replaced within the specified time, provided that the conditions for retention and the number of containers are included in the draft agreements submitted to SAMA.
The Need to Limit Fraud and Manipulation with ATM Cards, Phone Banking, and Online Banking Services
SAMA has recently received some fraud cases related to ATM cards issued by banks operating in the Kingdom, and after considering these cases, it was noted that most banks do not focus on some security aspects related to the information of these cards and ATMs, which facilitated the occurrence of these fraudulent operations. Therefore, SAMA stresses the need to adhere to the security aspects of operations and cards, as well as the ATMs recorded in the Saudi Payment Network guides, and out of SAMA's keenness not to spread the phenomenon of fraud in bank cards in order to preserve the rights of customers and banks alike, it is necessary to adhere to the following:
First: Not allowing ATM cardholders to exceed the maximum daily withdrawal limit (5000 riyals), whether through ATMs or other banks' devices, correcting the status of any card that allows withdrawals to exceed this limit, and not submitting requests to SAMA to exceed this limit for any category of customers, whatever the reasons.
Second: Follow the security safety means related to concealing the electrical current wires of the ATMs in a tight manner to prevent users from accessing and seeing them, and making the necessary technical procedures in the bank's ATM system to prevent the reversal of the operations carried out by the ATMs after the power outage of the ATM used.
Third: In the event that two or more devices are installed in close proximity, users cannot see others while entering passwords when performing operations on these devices, and security and control tools such as cameras are provided at ATM sites.
Fourth: Ensure that the inventory of the contents of the ATMs is carried out in the presence of at least two people, and the bank must follow up the team in charge of this through inventory forms and ATM reports and make the necessary adjustments resulting from the inventory, whether on the accounts of the bank's customers or customers of other banks directly.
Fifth: Making the necessary technical measures to prevent the full number of the exchange card from appearing in the receipt given to the cardholder after conducting automated teller operations to avoid the use of customer card numbers by other people.
Sixth: Working to raise awareness among the bank's customers of the importance of maintaining the ATM card password and not writing it.
For your information, adopt and abide by it.
ATM Instructions
No: 46010824 Date(g): 23/8/2024 | Date(h): 18/2/1446 Status: In-Force Translated Document
Based on the powers granted to SAMA under its Law issued by Royal Decree No. (M/36) dated 11/04/1442H, and the Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386H, and in line with SAMA's efforts to establish a regulatory and supervisory framework for ATM licensing.
Attached are the ATM Instructions, which aim to encourage the geographical distribution of the ATM network to ensure coverage in all areas, in addition to establishing a supervisory framework for the licensing and license cancellation of ATMs.
For your information and action accordingly as of this date. Please note that these instructions replace SAMA's previous instructions regarding the licensing and license cancellation of ATMs as outlined in earlier circulars.
1. Introduction
SAMA issued these instructions within the framework of exercising its powers granted under the Saudi Central Bank Law issued by Royal Decree No. (M/36) dated 11/04/1442H, and the Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386H. These instructions specify the procedures governing ATMs located outside the branches of banks. The objectives of these instructions are as follows:
1.1 Encouraging the geographical distribution of the ATM network and ensuring its coverage across all regions.
1.2 Establishing a supervisory framework for the licensing and cancellation of licenses for ATMs.
2. Scope of Application
These instructions apply to all local banks, and branches of foreign banks licensed within the Kingdom of Saudi Arabia, with the exception of ATMs associated with branch licenses.
3. Definitions
The following terms and phrases, whenever they occur in these instructions, shall have the meanings assigned thereto unless the context requires otherwise:
Term Definition SAMA Saudi Central Bank.
Instructions Instructions for ATMs Located Outside Bank Branches.
Bank The bank licensed to conduct banking activities in the Kingdom in accordance with the provisions of the Banking Control Law.
Branches Comprehensive branches that provide a full range of banking services, as well as other branch models that offer basic banking services, including account openings, cash deposits, cash withdrawals, money transfers, and others.
ATMs associated with branch licenses ATMs located within the bank branch premises, subject to its license, providing cash withdrawals and/or cash deposits, as well as other services such as balance inquiries, mini-statements, bill payments, money transfers, and others.
ATMs ATMs located outside the bank branch premises, operating under separate licenses independent of the branch licenses, providing cash withdrawals, as well as other services such as balance inquiries, mini-statements, bill payments, money transfers, and others.
Cash Acceptance Machines Cash Acceptance Machines located outside the bank branch premises, operating under separate licenses independent of the branch licenses, and providing cash deposit services exclusively for certain corporate bank customers.
Drive-Thru ATM ATMs located outside the bank branch premises, operating under separate licenses independent of the branch licenses, and providing cash withdrawal services as well as other banking services through vehicle-mounted ATMs.
Shumul A Geographic Information System managed by SAMA, allowing member banks to input the locations of their ATMs along with their full data.
4. ATM Licensing
It is required to meet the following conditions for granting a license for new ATMs:
4.1 The bank must submit all its applications for ATM licenses through SAMANet.
4.2 The bank applying for a new ATM license must attach the following documents with its application:
4.2.1 The location coordinates in decimal degree format as follows: (Longitude 46.454109, Latitude 25.353898).
4.2.2 A copy of the signed contract between the bank and the property owner/tenant.
4.2.3 Clear photographs of the site from all directions (at least four photographs), with the following considerations:
4.2.3.1 Photograph quality.
4.2.3.2 The necessity of photographing from all angles of the site.
4.2.3.3 Provide a photograph of the entire site.
4.3 Any other documents requested by SAMA.
4.4 In case of applying for a license for a drive-thru ATM, the bank must attach a copy of the building permit or the approved architectural plans from the municipality or the local authority within whose jurisdiction the device is located.
4.5 The bank's application, once submitted, is subject to review by SAMA for approval.
4.6 The license is valid for a period of nine months, starting from the issuance of SAMA's approval, and can be extended for an additional three months with the approval of SAMA, upon a request submitted by the bank through SamaNet, outlining the reasons for the extension.
4.7 After obtaining the approval, the bank must add the ATM location and all of its details to the "Shumul" system.
4.8 The bank must notify SAMA through SAMANet of the activation of the ATM, within five business days of its activation.
4.9 The bank must comply with the Financial Sector Security and Safety Guide for the Kingdom, issued in 1441H, and any updates thereto, for all existing and new ATM locations.
4.10 The bank must provide SAMA with the annual plans for the installation and deactivation of ATMs in October of each year. The plans should include the strategy for presence in the holy sites during the Hajj and Umrah seasons, whether for permanent or temporary locations.
5. ATM Cancellation
5.1 Request for ATM Cancellation
5.1.1 The bank must submit requests for the cancellation of ATM licenses by completing the ATM Cancellation Request Form (Appendix 1) and sending it to SAMA. 5.1.2 The bank must provide the following in the cancellation request:
5.2.1.1 The current site details, including a copy of the license showing its number and date.
5.2.1.2 Attach the justification for the cancellation request.
5.2.1.3 Photographs of the site where the device is to be canceled.
5.2.1.4 Identify the area where the device to be canceled is located (Appendix 1).
5.2 Review of Cancellation Request
The request will be reviewed based on the specified cancellation requirements, which include:
5.2.1 The accessibility of ATMs in the area mentioned in the request.
5.2.2 The ratio of the bank's current ATMs to its customers.
5.2.3 The reason for the cancellation.
5.2.4 The distance between the ATM to be cancelled and other ATMs of the bank.
5.2.5 ATM usage rate.
If the ATM mentioned in the request meets the specified requirements for cancellation, SAMA will provide its non-objection to the bank for deactivating the ATM. Based on SAMA's non-objection to the cancellation request, the bank must remove all the ATM data, including the license number, date, and site coordinates, from the "Shumul" system within three working days. The bank must also remove the cancelled ATM from the site and disconnect all associated devices.
6. Replacement of ATM
To obtain the approval of SAMA for the cancellation of an ATM that does not meet the cancellation requirements, the bank must provide a replacement ATM in the same area within a specified distance, in accordance with the following requirements for ATM replacement:
6.1 The bank's commitment to installing a replacement ATM in the same governorate and within a specified distance (Appendix 2).
6.2 The bank must notify SAMA upon the installation and activation of the replacement ATM within the specified time frame.
6.3 If the bank is unable to adhere to the specified timeframes, SAMA will not accept any further cancellation requests until the bank fulfills its obligation to install a replacement ATM.
7. Communication with Customers
The bank must adhere to the following:
7.1 Update the details of ATM locations on their websites (internet and mobile devices).
7.2 Place an identification card on the ATM that includes the ATM number and contact information in both Arabic and English for customers.
7.3 Each ATM must clearly display all types of accepted cards.
8. Reporting Requirements
The bank must submit the following data to SAMA, using the required forms (Appendix 3).
8.1 The data on the "Shumul" system must reflect the actual status of the ATMs at all times.
8.2 Submitting monthly reports on newly installed, cancelled, and replaced ATMs (within five days after the end of each month). 9. Implementation of the Instructions
These instructions shall be effective from the date of their issuance.
10. Appendices
10.1 Appendix 1: ATM Cancellation Request Form
10.2 Appendix 2:
10.2.1 Criteria for the Defined Distance for Replacing ATMs*
Area Distance Criteria Area 1 Within a 5 km radius Area 2 Area 3 Within a 10 km radius Area 4 Area 5 Within a 15 km radius 2.2.10 Area Classification
Area Population range Area 1 A population of more than one million Area 2 More than half a million to one million population Area 3 More than 100,000 to half a million population Area 4 From 20,000 to 100,000 population Area 5 Less than 20,000 population * It is subject to the exceptional approval of SAMA.
10.3 Appendix (3): Reporting Requirements
Cash Transfer
Cash Transfer between Local Banks and Licensed Money Exchangers
Based on the letters of His Excellency the Minister of Finance No. 1/S/9687 and No. 1/S/9690 dated 1/11/1427 H based on the circular of His Royal Highness the Minister of Interior No. 19/46391/SH2 dated 14/8/1426 H regarding the Customs Authority taking the necessary steps to start applying the provisions of the manual Procedures for the disclosure of cash and precious metals on departure and arrival to and from the Kingdom to implement the provisions of Article 14 of the Implementing Regulations of the Anti-Money Laundering Law issued by Royal Decree No. (M/39) dated 25/6/1424 H. SAMA is directed to take measures to regulate the entry and exit of cash into and out of the Kingdom in general, which is carried out by banks and licensed money changers through border crossings in particular, in accordance with the articles of the Anti-Money Laundering Law and its Implementing Regulations and the requirements of the recommendations issued by the Financial Action Task Force (FATF), especially the Special Recommendation IX.
In order to achieve this, SAMA wishes to take the following regulatory steps:
- Local banks operating in the Kingdom and licensed exchange shops have the right to import and export cash and convertible financial instruments in Saudi currency or other foreign currencies through border crossings.
- Banks and exchange shops are obligated to notify customs officials at border crossings of the amounts of cash and convertible financial instruments that they carry and wish to enter or exit the Kingdom to apply the principle of disclosure, as well as for representatives of SAMA to conduct inspection and ensure the safety of cash from counterfeiting.
- This regulation applies to all parties involved in the transportation process, including banks, licensed money changers and their direct and indirect employees, shipping companies, parcel and cargo transportation companies, companies specialized in transporting cash (private security companies), postal transportation, etc.
- Negotiable and transferable means of payment that are similar in their characteristics to money, such as checks, including Travelers Cheques, Draft Cheques, etc. are considered as part of the funds subject to the application of the law.
- SAMA's branches and representatives at border points, as well as banks and exchange houses, must record and maintain data and information (information center) related to the movement of cash and transferable financial instruments across borders. This data should be utilized as much as possible for monitoring and conducting studies.
- Banks and exchange houses must establish regulatory procedures for the transportation of cash and transferable financial instruments both incoming to and outgoing from their premises. These procedures must include the following:
(A) Complete the procedures for buying or selling cash currencies and transferable financial instruments through standard banking practices before initiating the transportation process.
(B) Agree in advance on purchase or sale prices and identify the counterpart involved in the banking transaction (cash purchase or sale) on the other side to finalize the transaction. Avoid engaging in bargaining or bidding for cash in the markets.
(C) Agree on how to arrange and prepare the funds in a manner suitable for both parties, facilitating their transportation, counting, and verification of authenticity.
(D) Ensure strict adherence to security procedures for transporting cash and transferable financial instruments, applying the instructions outlined in the Security Safety Manual as a minimum standard, and utilizing modern and appropriate transportation methods.
(E) Identify the entities involved in buying or selling and verify the legitimacy of their operations, ensuring they possess the required licenses for conducting banking activities.
(F) Restrict the process of sending, receiving, and transporting funds within the Kingdom to Saudi employees only.
(G) Local banks and exchange houses are responsible for verifying the authenticity of the cash and transferable financial instruments they sell or purchase, ensuring the legitimacy of their sources and uses. Furthermore, external entities involved in transactions must share in this responsibility.
Dealing with SAMA Branches
Further to SAMA Circular No. 50481/MT/23865 dated 22/10/1432 H, regarding the reluctance of some branches of banks and cash centers in some cities of the Kingdom to deal with the branches of SAMA near them in the operations of cash deposits and withdrawals, and to deal directly with cash centers affiliated to the Bank in other regions, and in view of the consequent increase in the cost and risks associated with the process of transferring cash to other regions, and to the shortage or increase in the different denominations of cash in regions in the Kingdom without another.
Accordingly, SAMA reaffirms the importance of adhering to the instructions issued in this regard, and that each bank reviews its cash management controls, takes all necessary measures to ensure that cash is not transferred from one region to another, and commits to conducting cash deposits and withdrawals through the nearest branch of SAMA.
Dealing With SAMA Branches
Reference to SAMA's circular No. BCI/15864 dated 10/07/1432 H and No. BCI/15865 dated 10/07/1432 H and other instructions issued regarding the controls and procedures for dealing with cash in its various categories, and in view of the reluctance of some bank branches and cash centers in some cities of the Kingdom to deal with the branches of SAMA near them in deposits and withdrawals and to deal directly with cash centers belonging to the bank in other areas far from it, which led to a shortage or increase in the various denominations of cash in some areas of the Kingdom but not others.
In view of the consequent increase in the cost and risks associated with the process of transferring cash to branches far from SAMA branch near the bank's branch, SAMA stresses the importance of adhering to the instructions issued in this regard and that each bank (exchanger) reviews its cash management controls and makes appropriate amendments to them in order to limit the transfer of cash and the commitment to conduct deposits and withdrawals through the nearest branch of SAMA and ensure the provision of automated equipment and adequate human resources for counting and examination. Cash sorting in all cash centers and bank branches.
We hope to instruct the competent department to verify this and inform us of the implementation within a month from its date.
Adherence to Regulations and Instructions on Cash Movement and Security Safety
Further to SAMA Circular No. 381000101035 dated 09/10/1438 H regarding contracting with cash transfer companies and using high-specification security bags, and SAMA Circular No. 361000156181 dated 25/12/1436 H concerning the necessity of adhering with the regulations and instructions related to the movement of money and the security safety manual, as well as SAMA Circular No. 15475/MAT/306 dated 12/04/1428 H regarding the regulation of cash transfer between local banks and licensed money exchangers, and SAMA Circular No. 49302/M AT/940 dated 22/12/1428 H which includes the Law of transporting money, precious metals, and negotiable instruments issued by Royal Decree No. M/81 dated 1428/10/18 H.
Therefore, SAMA emphasizes the necessity to review and comply with the provisions of these regulations and instructions issued in this regard, and what is stated in the security safety manual and the specific requirements for vehicles used for transporting cash and items of value exceeding 200,000 Riyals. Anyone found to be transporting money or receiving transferred cash in an irregular manner will be subject to legal penalties.
Cash Transfer between Local Banks and Licensed Money Exchangers According to Rule (16) from the Anti-Money Laundering Law
In reference to SAMA Circular No. 15475/M AT/306 dated 12/04/1428 H, regarding the necessary actions for the General Authority of Customs to begin implementing the procedures outlined in the disclosure guide for cash and precious metals upon departure and arrival from and to the Kingdom, in accordance with Article (14) of the Anti-Money Laundering Law issued by Royal Decree No. M/39 dated 25/06/1424 H, and the requirements outlined by SAMA regarding the regulation of the process for licensed banks and money changers to transport cash in and out of the Kingdom generally through border crossings. Also referring to SAMA Circular No. 341000074807 dated 15/06/1434 H regarding amendments to the Anti-Money Laundering Law issued by Royal Decree No. M/31 dated 11/05/1433 H and its implementing regulations.
SAMA wishes to confirm the regulatory requirements included in the aforementioned circular and we would like to inform you that Article Fourteen of the Anti-Money Laundering Law issued by Royal Decree No. M/39 dated 25/06/1424 H has been amended to become Article Sixteen in the amended Anti-Money Laundering Law issued by Royal Decree No. M/31 dated 11/05/1433 H, and a paragraph regarding "negotiable financial instruments" has been added, and the term "disclosure" has been replaced with "declaration." Therefore, we hope you will comply and take the necessary actions to align internal instructions and procedures with the amendments included in Article Sixteen of the Anti-Money Laundering Law and its implementing regulations.
Penalties Re. the violation of the Law of Transporting Money, Precious Metals, and Negotiable Instruments
No: 381000063640 Date(g): 12/3/2017 | Date(h): 14/6/1438 Translated Document
Referring to the letter from the Assistant Director of Public Security for Security Affairs No. 3/3472/3 dated 10/5/1438H, which references the recommendations in the report of the committee formed by Public Security and SAMA regarding addressing violations related to the transportation of cash, precious metals, and valuable documents. The report also outlines a mechanism for handling violations by banks against cash transportation companies by reporting such violations to the operations rooms to enable field enforcement units to address them.
Accordingly, please inform the Operations Rooms of the Security Patrols about any violations committed by cash transportation companies or institutions within the bank. Upon the patrol's arrival to address the report, an original and two copies of the notification (report) should be handed over, specifying the time of the report and the time the patrol addressed the situation. This will enable the Security Patrols to document the case and initiate legal and regulatory procedures in accordance with the Law of Transporting Money, Precious Metals, and Valuable Documents, using the attached form.
Adherence with the Regulations and Instructions Related to the Movement of Money and the Security Safety Manual
Following SAMA's circular No. 15475/M A T/306 dated 12/04/1428H regarding the regulation of cash transportation movement for local banks and money exchangers, and SAMA's circular No. 49302/M A T/940 dated 22/12/1428H, which includes the regulations for the transportation of cash and precious metals issued by Royal Decision No. M/81 dated 18/10/1428H, as well as SAMA's circular No. 3202/M A T/52 dated 03/02/1424H, which includes the security safety guidelines.
Whereas SAMA has observed a lack of compliance by some exchange companies and institutions with the regulations and instructions issued regarding the movement of funds and the aforementioned security safety guidelines, SAMA emphasizes the necessity of adhering to these regulations and instructions. Those found to be transporting funds in an irregular manner or receiving cash amounts transported irregularly from other exchange companies and institutions will be subject to the legal penalties stipulated in the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386H.
Cash Collection Service for Bank Customers
Pursuant to SAMA Circular No. 5922/MAT/62 dated 8/4/1421H regarding the Replenishment of ATMs by Licensed Security Companies for Money Transportation, and given SAMA’s observation that this service has positively contributed to enhancing the performance of the banking sector and enabling it to focus on its core responsibilities, SAMA encourages initiatives that aim to develop and improve this sector and its services to customers. SAMA has sensed that there is a new service that can be offered in the Saudi banking sector, which is for banks to collect cash and transport it from their customers' premises on their behalf to deposit it in their accounts by commissioning licensed security companies.
SAMA has no objection to providing this service because of its role in increasing services in the banking sector and preserving the processes of transferring cash from the customer to the branch, provided that the requirements that will provide this service in a good and safe manner are applied:
- The transfer must be carried out by licensed security companies.
- Coordination with the customer so that the cash is transferred from his premises carefully, taking precautions during the transfer process.
- Cash must be transported in armored cars in accordance with the technical specifications outlined in the Security Safety Manual issued by SAMA Circular No. 485/MA/36 dated 7/1/1416H.
- Adherence to SAMA Circular No. 12337/CT/550 dated 26/8/1419 H, which stipulates the need to coordinate and inform the security authorities when transferring money.
- The transfer process must take place from the beginning of work until ten o'clock at night.
- The cash counting process must take place at the bank's headquarters under bilateral supervision with the necessary means of protection or monitoring through closed-circuit television (CCTV).
Banknotes
The New Method of Counting and Sorting of Print Banknote Allows the PBS to Destroy the Defect Banknotes During the Counting and Sorting Process Causing a Loss of One Pack 100 Banknotes
This section is currently available only in Arabic, please click here to read the Arabic version.Acceptance of all Cash Deposits Through Branches
SAMA noted frequent complaints from the public about the refusal of tellers inside the branches to accept cash deposits from customers, setting a minimum limit for accepting them, and directing them to deposit cash through cash deposit machines.
Accordingly, SAMA stresses the commitment of all branches of the bank to accept cash deposits regardless of their amounts directly through the branches and to grant customers the freedom to choose the appropriate deposit method for them.
Instructions for Handling Banknotes of Different Denominations
Due to instances where some banks deposit banknotes to SAMA that are composed of two parts from different notes of the same denomination, each part bearing a different serial number and glued together to create the impression of a single valid banknote for compensation purposes,
SAMA emphasizes the importance for banks to thoroughly audit their daily deposits and ensure their validity. In the event of discovering a banknote composed of parts from two different notes, the following actions must be taken:
- Stamp it with a "Not Eligible for Compensation" mark.
- Send it to SAMA, as it is not eligible for compensation.
If a banknote with two different serial numbers is deposited with the Central Bank branches, it will be confiscated by the Central Bank, and the necessary regulatory actions will be taken.
Safety of Cash in Circulation
Referring to SAMA's Circular No. 42406/MAT/547 dated 07/09/1429H, and Circular No. 42/N/Th dated 20/01/1412H, regarding the emphasis on the necessity of maintaining the integrity of circulating banknotes and the importance of inspecting and sorting banknotes before disbursing them to customers or when feeding ATMs, we inform you that SAMA has observed that some banks are disbursing banknotes to customers and feeding ATMs with torn or damaged banknotes.
Therefore, we emphasize the need to give sufficient attention to the integrity of the circulating banknotes in branches, cash centers, and ATMs affiliated with the bank. Supervisors and bank officials are required to oversee, monitor, and follow up on the process of feeding ATM cassettes in collaboration with cash-in-transit companies, ensuring that this responsibility is not solely entrusted to these companies. Banks and financial institutions must also ensure the use of modern machines capable of sorting sound banknotes from others. Banknotes should be in an acceptable condition in general appearance, not worn out or dilapidated, and their general appearance should be clean. The main colors of the banknotes should be clearly visible, free from adhesive tapes, with all edges and parts intact, and should not be torn or have holes. Additionally, the banknotes should be free from defacing writings or stamps.
SAMA will verify the extent of compliance by banks and financial institutions with these instructions, regulations, and procedures, and appropriate penalties will be imposed on any non-compliant entity
Compliance with Instructions for Handling and Delivering Cash
Referring to SAMA's Circular No. 381000092716 dated 03/09/1438H regarding adherence to the guidelines in the Security and Safety Manual when cash-in-transit teams carry out transportation operations from customer locations and bank branches to cash centers, and in light of certain inquiries regarding the responsibilities of the cash counting team at customer premises.
We would like to clarify that there is no objection to having an independent team of Saudi nationals handle the counting and preparation of cash at the customer’s premises, followed by a separate independent team conducting the cash transportation. There must be a clear separation of duties and responsibilities between the cash counting team and the cash transportation team. Additionally, the cash amounts must be received in special containers equipped with automated tracking and self-destruction ink systems to minimize the risk of robbery or theft.
Applying the Maximum Financial Penalty for Each Counterfeit Banknote Received from Banks to SAMA
Referring to SAMA’s Circular No. 2887/MAT/101 dated 21/2/1420H, which supplements previous circulars urging banks to exercise due diligence and care when receiving banknotes from their customers to detect counterfeit notes before depositing them in their vaults and subsequently delivering them to SAMA. The circular included SAMA’s decision to impose a financial penalty on banks delivering counterfeit banknotes to SAMA, amounting to ten times the value of the counterfeit note, in addition to its confiscation.
In continuation of the financial penalties imposed under SAMA’s punitive decisions in this regard, SAMA reaffirms the enforcement of the maximum financial penalty stipulated in Paragraph 5 of Article 23 of the Banking Control Law, amounting to SAR 5,000 for each counterfeit banknote delivered to SAMA, regardless of the denomination. SAMA urges all banks to exert greater care and attention in examining banknotes and ensuring their authenticity before delivering them to SAMA.
Replacement Mutilated Banknotes
Referring to SAMA’s observation of some circulating banknotes being tampered with, whereby certain security features are deliberately removed and then presented to banks for replacement with new banknotes, this practice contributes significantly to the waste of economic resources and shows a lack of respect for the national currency, which represents a symbol of the state.
Therefore, please direct anyone requesting the replacement of banknotes that have been defaced or tampered with regarding their security features to SAMA branches located across the Kingdom. Additionally, ensure that all staff members involved in receiving banknotes are well-trained and familiar with the main security features of Saudi currency, such as the 3D security thread, the 3D special ink feature, the shiny silver stripe, and other security features highlighted in the publications issued by SAMA when launching its banknote editions or available on SAMA’s website through the following links:
Security Features of the Fifth Edition
Security Features of the Sixth EditionAcceptance and Exchange of Banknotes and Coins
Referring to SAMA Circular No. 34736/BCI/15864, dated 1432 H and Circular No. 34734/BCI/15865 dated 10/071432 H, which includes reference to previous circulars issued by SAMA regarding banknotes and coins, and the receipt of damaged ones.
Circular Number Date Circular Number Date 1) M/A/155 23/08/1400H 5) 406/M A/290 21/07/1412H 2) 10023/M/A/192 13/07/1405H 6) 400/M A/241 21/10/1413H 3) 1419/M/A/40 04/02/1407H 7) 23782/M A/251 14/09/1414H 4) 42/N/Z 20/01/1412H 8) 1941/BCI/95 05/02/1418H Due to the commencement of the "Take the Change" campaign launched by the Ministry of Commerce and Industry in coordination with SAMA to provide coins to customers, and to indicate that fines will be imposed on violating stores starting from 10/10/1434H, and in order to continue the coordination and cooperation between SAMA and the banks in this matter, we would like to emphasize the responsibility of banks to comply with the instructions given in previous circulars. We would also like to assure that small denominations of banknotes and coins are available in sufficient quantities at SAMA branches, and there is no reason for banks not to provide them to customers.
For your information and action accordingly as of this date. SAMA will conduct field visits to cash centers, bank branches, and money exchangers to ensure the availability of various denominations of banknotes and coins for individual and corporate customers. Penalties will be imposed on violators.
Acceptance and Exchange of Small Denominations of Saudi Banknotes from the Public
Referring to SAMA circulars regarding the acceptance and exchange of small denominations (specifically the one riyal and five riyals denominations), including:
Circular Number Date 1) 1419/ M A /40 04/02/1407 H 2) 406/ M A /290 21/07/1412 H 3) 1941/ M A T /95 05/02/1418 H In view of the fact that some banks do not abide by the content of these circulars and are reluctant to accept and replace small denominations, SAMA wishes to emphasize the importance of full compliance with the contents of the circulars referred to above.
We hope to assign the competent department to verify the commitment of the branches to accept and replace all cash denominations, and to meet the public's need for those denominations.
Exchanging of Damaged Saudi Banknotes
In reference to the circulars issued by SAMA regarding the assignment of banks to receive and replace damaged banknotes (torn, burned, eroded, incomplete edges or parts, or missing any of their main features due to dirt or due to adhesives or inappropriate phrases and words written on them....), including:
Circular Number
Date
1) BC/155 23/08/1400 H 2) 10023/BC/192 13/07/1405 H 3) 42/N 20/01/1412 H 4) 400/BC/241 21/10/1413 H
5) 23782/BC/251 14/09/1414 H In view of the observation that some banks do not comply with the content of these circulars and their reluctance to receive requests from citizens and residents regarding the replacement of unacceptable banknotes, and based on SAMA's keenness to provide intact and valid banknotes for circulation, we would like to emphasize what was stated in the circulars referred to above, and to accept and replace the various denominations of currency after ensuring their safety from counterfeiting, with the adoption of the following new mechanism for accepting and compensating damaged cash submitted by the public.
- The replaced banknote must be clearly defined and its area should not be less than 60% of the size of the original banknote.
- The full signatures (Minister of Finance and Governor of SAMA) or all the serial numbers should not be missing.
- In the event that the features of the banknote are not clear as a result of exposure to fire or other natural factors such as corrosion, the holder shall present it to one of the branches of SAMA.
We hope to adhere to this and emphasize on all your branches and cash centers to handle intact cash and withdraw damaged and invalid cash from circulation, noting that SAMA and its branches are fully prepared to provide training courses to stakeholders in order to inform them of the best practices in the field of cash circulation.
The Process of Counting and Sorting Bank Deposits of Damaged One Riyal Denomination
In an effort to find an appropriate mechanism to address cases of surpluses and shortages that may occur in bank deposits and the resulting approved fines during the counting and inspection at SAMA branches , and based on Circular No. 21453/TD dated 08/10/1424 H. Regarding the organization mechanism for counting and sorting bank imports of currency in one-riyal denominations. Therefore, we hope that the following will be considered:
First: Emphasis on banks adhering to the screening standards acceptable to SAMA, with the importance of communication between employees handling the cash sorting at the banks’ cash centers and the officials at SAMA branches.
Second: banknotes of the one Riyal denomination are counted, sorted, and inspected 100%.
Third: In the event of an increase in the quantity of one-riyal denomination unsuitable for circulation imported by banks, and if counting and inspecting them by SAMA branch in a timely manner is not possible, then they will be entirely counted with the inspection and sorting of only 30%. If any inappropriate banknotes are found among them (such as intact notes with missing parts or intact notes glued from different parts), a fine amounting to three times the value of the inappropriate banknote will be imposed.
Fourth: The increase and decrease restriction, as well as fines, rely on counterfeit currency and non-conforming currency of the one-riyal denomination in bank imports automatically.
Rollout of "One Riyal" Denomination of the Fifth Edition
We inform you that the fifth edition of one-riyal denomination will be issued starting from Monday 21/12/1428 H corresponding to 31/12/2007 G, and these denominations will be circulated along with the banknotes currently in circulation in all their denominations as official currency. Note that the denomination of one riyal of the fifth issue includes the following security features and currencies:
First: The main features of the one-riyal banknote:
The face of the banknote shows the picture of the Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz Al Saud (may God protect him) and a picture of the face of the first Islamic dinar, and on the back is a view of the headquarters building of SAMA.
(Main Paper Color: Light Green/ Size: 133× 63 mm)
Second: Security signs in the category of one riyal denomination:
The one-riyal banknotes include the following security signs:
1- Tactile Intaglio Printings
2- Watermark
3- Security Thread
4- See-Through Features
5- Luminescent Inks
6- Screened Intaglio Micro Engraved Lettering
7- Black Mag. M.R Serial Number
8- Red Fluorescent Serial Number
For more information on this denomination, you can view the attached brochure, or refer to SAMA's website (sama.gov.sa) as of the date specified above.
Adherence to Procedures for Seizing Counterfeit Banknotes as Stated in SAMA Circular No. 18578/AKH Dated 22/08/1423H
This section is currently available only in Arabic, please click here to read the Arabic version.Rollout of "Five Hundred" Riyal Denomination of the Fifth Edition
This section is currently available only in Arabic, please click here to read the Arabic version.The Rollout of the "Ten" and "Five" Riyal Denominations of the Fifth Edition
We inform you that the ten riyals and five riyals denominations of the fifth edition will be issued as of Monday 2/7/1428 H corresponding to 16/7/2007 G, to be followed by the rest of the denominations, which will be gradually issued according to a specific schedule, which will be communicated to you at the time, and these denominations will be circulated along with the currently circulating paper currencies of all their denominations as official currency. Note that the ten riyals and five riyals denominations of the fifth edition include the following security features and signs: -
First: The main features of the ten-riyal banknote:
The face of the banknote shows the image of the Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz Al Saud (may God protect him) and a view of King Abdulaziz Palace (may God have mercy on him) in the square, and on the back a view of part of the buildings of the King Abdulaziz Historical Center in Riyadh.
(Paper Color Chair: Brown / Sheet Size: 150 × 68mm)
Second: The main features of the five-riyal banknote:
On the face of the banknote is a picture of the Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz Al Saud (may God protect him), a view of the Ras Tanura refinery, and a view of the port of Jubail in the Eastern Province on the back.
(Paper Color Chair: Purple / Paper Size: 145 × 66 mm)
Third: Security signs in the ten and five riyals denominations:
Ten and five riyal banknotes include the following security signs:
- Tactile Intaglio Printings
- Watermark
- Security thread
- See-Through Features tags
- Luminescent Inks
- Screened Intaglio Micro Engraved Lettering
- Black Mag. M.R. Serial Number
- Red Fluorescent Serial Number
For more information about these two denominations, you can view the attached brochures, or refer to SAMA website as of the date specified above.
Withdrawal of the Old Edition of the SAR 500 and SAR 100 Banknotes from Circulation
SAMA would like to report its intention to withdraw the old version of the five hundred and one hundred denominations from circulation, and this will be announced through a statement to the Saudi Press Agency that will be broadcast on Monday, 15/4/1426 H to urge the public to replace the old version at all branches of SAMA and local banks, and that this requires the readiness of local banks and their branches to receive requests from the public to replace these two categories, and that the bank can request any quantity expected to be needed from these two denominations from SAMA branches.
We would like to emphasize that ATMs should not be fed with old versions of these two denominations absolutely, and the bank must fully comply with the instructions communicated in SAMA Circular No. 400/BC/241 dated 21/10/1413 H and No. 23782/MA/251 dated 14/9/1414 H regulating cash circulation and ensuring its safety before re-introducing it for circulation and dispensing it to customers, to comply with it, with your support for receiving this circular urgently for importance.
Guidelines and Procedures to Follow When Handling Counterfeit Banknotes
Referring to SAMA Circular No. MAT/313 dated 28/11/1424 H supplementary to SAMA Circular No. 18578 /A K dated 23/08/1423 H referring to the circular of His Royal Highness the Minister of Interior No. 16/36751/2 Sh dated 01/08/1423 H on the controls and procedures to be followed when seizing counterfeit banknotes, which included the obligation to provide SAMA with a semi-annual report on the cases on which controls and procedures have been applied and their feasibility in combating counterfeiting.
Therefore, the bank/money changers must provide SAMA with this report to date, as well as provide us with your observations and assessment of these procedures based on your dealings with those with whom counterfeit banknotes are seized, and this should be of urgent importance.
Follow-up Circular Regarding Educating Bank Customers when Dealing With Cash
Further to our circular No. 3293/MAT/27 dated 14/2/1422 H on educating bank customers about handling cash, we would like to inform you that SAMA still receiving reports from the police departments in the Kingdom about the exposure of some bank customers being robbed while leaving the branch as a result of carrying cash, as well as fraud against elderly retirees when withdrawing their salaries from ATMs.
Given the danger that such acts entail for bank's customers themselves and for the bank itself, harming its reputation and confusing the security authorities, the bank must activate the aforementioned SAMA circular, as well as educate the bank's customers in general and the elderly in particular on how to use ATMs, maintain the ATM card and its PIN, not disclose it, and not be deceived behind those who offer to provide its services, which may involve offending them. It is for its customers to assign one of its employees to help this category of customers and train them to use ATMs and secure the presence of civil guards during salary disbursement periods to miss the opportunity for anyone who tries to defraud these customers, with our emphasis on full compliance with SAMA's repeated circulars regarding securing cameras for ATMs and maintaining recording tapes for the longest period of time that technology can provide in this field.
The Process for Counting and Sorting Bank Deposits of "One Riyal" Banknotes
This section is currently available only in Arabic, please click here to read the Arabic version.Standardizing the External Card Shapes and Colors for Linking Banknotes with Banks
Due to the observed contrast in the colors of the external linking cards of the banknotes received from banks, which causes some confusion for treasury officials and a desire to facilitate work procedures between the branches of SAMA and banks.
Therefore, we hope to unify the shape of the external card for the banknote categories by placing the name or logo of the bank on the back of the card with cutting one of its corners and writing the phrase "one thousand banknote sheets of the same category and a date box in white font", provided that the comprehensive color of the external card for each category is as follows:
Five Hundred Riyals Denomination
Blue
Twenty Riyals Denomination
Blue Sky
Two Hundred Riyals Denomination
Red
Ten Riyals Denomination
Gray
One Hundred Riyals Denomination
Brown
Five Riyals Denomination
Purple
Fifty Riyals Denomination
Green
One Riyals Denomination
Orange
Accepting Customer Deposits in Currency Notes and Coins
With reference to the above-mentioned subject, and given the complaints received by the central bank against some banks for not accepting customers' deposits of coins and banknotes (especially small denominations), despite the repeated instructions regulating this process, the most recent of which was Circular No. 16101/CK on 10/20/1420 H. in an effort to streamline the procedures by which bank customers make deposits, and to attract all deposits of coins and banknotes for the service of these customers, encouraging their acceptance of all Saudi currencies, and to prevent the risks that may arise from the presence of these amounts in unsecured locations, which may expose them to theft or misuse, and in confirmation of previous instructions in this field, the central bank hopes that all banks will work on installing the machines and safes mentioned below in the main branches of the bank and the branches located in commercial markets:
First: Automatic coin sorting and counting machines available in the local market should sort and count all denominations of coins (100, 50, 25, 10, 5) Halala and directly credit the full value to the customer's account. The customer will operate the machine using a personal identification number (PIN), place their coins into the machine, and enter their account number so that the amount can be credited to their account accordingly.
Second: cash deposit safes outside of banking hours (night deposit) that are accessed and managed using a special code assigned to the bank's customers under an agreement between the bank and its customers. The customer places the cash into a sealed envelope, detailing the amounts deposited inside. These deposits are received under the custody of two bank employees, and internal control procedures are applied to the processes of counting, sorting, and depositing into customers' accounts according to the bank's customary procedures.
For your information, compliance, and to inform us of the required time frame within which the bank can execute this, as well as the branch locations where coin sorting machines and night deposit safes will be installed. Coordination can be done with the central bank regarding the machines that can be used for coin sorting to understand their sources and how to provide them.
Providing Replacement Funds for Small Category Banknotes and Coins
Re previous SAMA circulars indicating that banks and money exchangers must supply the public with banknotes of small categories and coins, and in view of the steady and increasing demand by the public for such currencies, banks and money exchangers have to maintain sufficient amounts of these currencies to meet the public demand therefor.
SAMA, through its examiners, shall follow-up this matter with banks and money exchangers to make sure they are acting accordingly. SAMA hopes you comply with this circular and notify your branches to do the same.
Acceptance of Deposits of Small Categories of Local Currency
SAMA has received some complaints regarding the refusal of some bank branches to accept deposits in small categories on grounds that this process requires big effort in counting, separating and keeping.
SAMA would like to stress again that banks have to perform their legal responsibility in this respect according to the provisions of several previous circulars issued by SAMA to the effect that all banks have to accept the deposit of such currencies, regardless of amount.
We hope you comply with this in the interest of the public and the reputation of the banks and notify your branches to do so. SAMA, through its examiners, shall inspect the compliance of banks with such instructions and shall impose adequate penalties on violating banks.
The Requirement to Only Dispense to the Public or Replenish ATMs with Clean and Usable Banknotes
Re our circulars No. 422/M/T dated 8/11/1413H and No. 400/BC/241 dated 21 Shawal, 1413H, regarding the distortion of banknote by some people and the feeding of ATM machines with torn up or damaged bank notes by some banks we wish to inform you that, according to some SAMA branches some banks are not observing instructions in this regard. It was also noted that some banks do not separate banknotes suitable for circulation from those not suitable for circulation when they deposit cash with SAMA branches.
In view of the importance of this matter, SAMA calls on you to supply the public and feed the ATM machines only with clean and usable banknotes. We also call on you to separate banknotes that are suitable for circulation from those that are not suitable when you make cash deposits with SAMA branches. Please collect the non suitable banknotes and have them replaced by SAMA, rather than supplying them to the public.
Please be informed and act accordingly. SAMA shall conduct inspection visits at a later date and we hope you will cooperate with the examiners in the interest of the public.
Replacing all Torn and Damaged Saudi Banknotes Accumulated by the Bank and Ensuring They are not Dispensed to Customers or the Public
SAMA has received the letter of HE the Minister of Finance & National Economy, No. 3/6132 dated 14-9-1413H stating that some banks are sometimes supplying the public with torn banknotes noticed by drawee only after receipt. HE requested us to notify banks to have such banknotes replaced by SAMA rather than cashing them to the public, since this displeases the clients, causes their complaints and facilitates counterfeiting.
Please be informed and urge your people in charge to have all torn Saudi bank notes replaced by SAMA, rather than supplying the public therewith. Please observe prior coordination with the SAMA branch through which the replacement of large quantities is to be made.
Saudi Banknotes
SAMA has noticed that some of its branches and banks fail to comply with previous instructions which call on them to separate the banknotes into categories and set aside banknotes that are suitable for circulation. Pursuant to the provisions of the Saudi Currency Law promulgated by Royal Decree (6) dated 1-7-1379H and in line with applicable rules, it has been decided as follows:
1- SAMA Branches must, upon receiving cash deposits, separate banknotes into suitable and unsuitable for circulation after making sure they are intact.
2- Local banks must use the machines for automatic separation of recent banknotes which enable them to separate the intact banknotes from others. In case such machines are not presently available, banks and their branches have to do the separation by hand according to the following rules.
a) The banknote must be in a generally acceptable form, not worn-out or totally damaged.
b) The general appearance of the banknote must be clean and its main colors must be clear.
c) The banknote must be free of stickers.
d) The banknote must be complete in all its parts and edges.
f) It should not be torn up or perforated.
g) It should be free of ink, oil or chemical materials.
i) It should be free of writings or stamps.
3 - Banknotes shall be delivered to SAMA separated into suitable and un-suitable for circulation and the delivering bank or branch shall be responsible for the banknotes delivered thereby. The receiving SAMA branch has the right to reject non-separated banknotes. SAMA branches must not deliver to SAMA's head office banknotes unless they are separated, with a statement indicating the banknotes that are not suitable for circulation. SAMA branches should not deliver to other branches banknotes that are not separated and suitable for circulation.
Acceptance and Receipt of all Denominations of Saudi Banknotes to Banks from Customers
SAMA and its branches have received complaints from the operations of automatic sales machines to the effect that some banks refuse to accept the deposit of banknotes in one SR category. Some of SAMA branches were obliged, as a temporary solution to this problem, to replace the revenue of such operations on a daily basis.
SAMA regrets this behavior by some banks and stresses on all banks to accept all Saudi currency categories for deposit or replacement and to notify all their branches to act accordingly.
Buying and Selling of Banknotes from the Gulf Cooperation Council (GCC) Countries
Pursuant to arrangements agreed on by the currency authorities in the GCC countries, and reference to our circular BC/34 dated 2-2-1411H, re the trading of GCC banknotes (Oman, UAE. Bahrain and Qatar) al the official rates with a margin not exceeding 0.5% according to daily cross rates for these currencies, we wish to inform you of the following:
- The following rates must be adopted:
Currency
Reference (quoted) rate equivalent to official rate
Lowest buying price
Highest selling price
One Bahrain Dinar SR 9.9469 SR 9.8972 SR 9,9966 One Omani Riyal SR 9,7403 SR 9,6916 SR 9,7890 One Qatari Riyal SR 1,0298 SR 1,0247 SR 1,0349 One UAE Dirham SR 1,0210 SR 1,0159 SR 1.0261 - The price fixed by the bank or money exchanger should be between the lowest and highest prices and trading prices are assumed to be closer to the reference price which is equivalent to the official price.
- We suggest that the collected amount of each currency be exchanged first among correspondent commercial banks or money exchangers among themselves. The margins were fixed in such a way as to cover the expenses of exchanging and transferring these currencies in order to allow trading banks and money exchangers in the GCC countries to trade among themselves with a profit. If this is not possible for any reason, SAMA will buy the GCC currencies from Saudi Commercial Banks against SR at the reference rate less 0.25% as a margin as follows:
One Bahrain Dinar=SR 9,9220
One Omani Riyal=SR 9,7150
One Qatari Riyal=SR1,0272
One UAE Dirham=SR 1,0184
- Licensed money exchangers may deal with Saudi Commercial Banks or with banks and money exchangers in other gulf countries to buy or sell their stock of GCC currencies, provided they abide by the price limits referred- to above in their dealing with the public.
For compliance and notification of your branches to act accordingly
Keep an Adequate Supply of Small banknotes and Coins
SAMA has been informed that some banks are refusing to accept small category banknotes from commercial firms and companies and are asking such depositors to deposit these banknotes in their accounts with SAMA.
Since the printing of such categories was meant to put them in circulation to be available for the public in daily operations, such attitude by the banks is in conflict with this purpose.
SAMA, therefore, would like to call on banks to keep an adequate supply of small category banknotes, specially the one and five SR categories and sufficient supply of coins to perform replacement operations for the public and the clients. Saudi Central Bank has issued the following rules to be followed by the banks.
- The bank must accept from its clients any amount of small category banknotes.
- The bank must count these banknotes by category and separate these suitable from those unsuitable for circulation.
- Unsuitable for circulation banknotes shall be sent to the concerned SAMA branch which will count and receive them.
- The bank must deliver to SAMA only banknotes in excess of its need or damaged banknotes.
Deliver the Banknotes which Carry Unethical Terms or Word to SAMA
We refer to several SAMA circulars regarding banknotes which carry unethical terms or words.
SAMA calls on banks to strongly instruct their employees who deal with cash to reject any such banknotes and to deliver them to the closest SAMA branch to take necessary action. SAMA also hopes that necessary measures will be taken to stop this phenomenon if possible.
The Phenomenon of Shortages in Cash Disbursed by Banks
SAMA has noticed lately increased complaints about shortages in banknotes disbursed by the banks, and the damages that such a phenomenon causes to the reputation of the banks and to the interests of the clients.
SAMA, therefore, requests the banks to observe the following:
- Banks must post signs at a conspicuous place in all their branches urging the client to count his money before leaving the cash window.
- Banks should assign in their large branches special windows for cashing large amounts and windows for cashing small amounts to facilitate the cashing process and to enable the client to count his money and check with the cashier in case of discrepancy before leaving the window.
- Banks should place money-counting machines near the windows for cashing large amounts and have them available for the client, under the supervision of a special employee, to enable him to count his money and verify its accuracy before leaving the cash window.
We hope these procedures are implemented and your branches are notified to act accordingly.
Providing Coins- 1420
This section is currently available only in Arabic, please click here to read the Arabic version.Implementing Enhanced Measures to Protect the Saudi Riyal from Sharp Fluctuations in the Value of the Dollar/Special Drawing Rights (SDR).
Pursuant to its policy to enhance development in all economic sectors and build a diversified production base, the government has always strived to maintain a stable exchange rate of the SR which was fixed at 0.207510 of one gram of gold as of 13 Rajab, 1393H (1st August 1973A.D). While keeping this exchange rate between SR and gold unchanged, the government announced on the 2nd of Rabi I, 1395H (14th March, 1975A.D) the linking of the SR to the Special Drawing Notes, in order to realize better stability for the SR against major world currencies, with a margin of 2.25% at both ends of the exchange rate between the SR and the Special Drawing Notes to limit undesirable fluctuations.
Accordingly, SAMA has resorted, since 3 Rabi I, 1395H, to fixing the exchange rate of SR against the $ daily on the basis of the daily value of the $ value against the Special Drawing Notes. But in view of recent notice able fluctuations in the exchange rate of the $ against the Special Drawing Notes, the government has advised the IMF that starting 4/9/1395H (9th September, 1975A.D) it shall use a larger margin not to exceed 7.25% on both ends of the exchange rate between the $ and the Special Drawing Notes.
It is expected that this larger margin will be the best measure to protect the SR against sharp fluctuations in the $/Special Drawing Notes value and will ultimately realize more stability for the SR against major world currencies.
Please be informed.
Ensuring Continuous Fulfilment of the Professional Certification Requirement
Further to SAMA Circular No. (41025433) dated 12/04/1441 H regarding professional certificates of financial institutions employees, and Circular No. (43007566) dated 24/01/1443 H regarding the update of the target category for the Credit Advisor Certificate.
SAMA emphasizes the importance for banks, their associated remittance centers, finance companies, and exchange centers to meet the requirement of obtaining professional certifications, in accordance with the following details:
- Employees required to obtain the professional certification for the fundamentals of retail banking.
Frontline employees in banks who interact directly with customers (Customer Care Department employees, Call Center employees, branch employees, and their managers), including individuals contracted through a third party.
- Employees required to obtain the professional certification for credit advisors:
Employees of banks, and finance companies - including those contracted through a third party - directly involved in granting credit to individuals, as well as branch managers, with the exception of financial lease registration companies, the Saudi Real Estate Refinance Company, and support activities companies.
- The employees required to obtain a professional certification in banking and money exchange:
The frontline employees at bank remittance centers and exchange centers, including those contracted through a third party.
For review and implementation as of this date, with the requirement to obtain the certificate within one year from the date of employment, and with a compliance rate of no less than 90% for the employees concerned with the certificate.
Forms and Templates
License Application for Banking Business In The Kingdom of Saudi Arabia
To download the Word version of the form, please click here.Application Form For Payment Services Provider in Saudi Arabia
To download the Excel version of the form, please click here.Amendments
Amending the Requirements in Rule (300-1-5-9) in Regard to Accounts for Public Companies and Public Sector Institutions
This section is currently available only in Arabic, please click here to read the Arabic version.Amendment of Rules (300-1-3) and (300-1-3-1) of Account Opening Rules
In reference to Rule (300-1-3) concerning resident companies and Rule (300-1-3-1) concerning joint-stock companies, both of which are part of the Account Opening Rules communicated under SAMA Circular No. (67/65681) dated 01/11/1440H, as well as to the Companies Law issued by Royal Decree No. (M/123) dated 01/12/1443H.
We inform you of the amendment of the two rules mentioned above as outlined in the attached document
For your information and action accordingly as of this date.
Amendments to the requirements for opening and managing bank accounts for resident companies as outlined in Rule (300-1-3), and joint-stock companies as outlined in Rule (300-1-3-1)
First: Amendment of paragraph (2) of Rule (300-1-3) related to resident companies to state as follows: "2. Obtaining a copy of the memorandum of association or the articles of association and their annexes".
Second: Amendment of Rule (300-1-3-1) related to joint-stock companies as follows:
- Amend the title of the rule to state as follows: "Joint-Stock and Simplified Joint-Stock Companies".
- Amend the (first article) of the rule to state as follows:
The bank accounts for depositing and retaining the capital of these companies under formation shall be opened as follows:
1. A letter from the founders, including at a minimum: a request to open the account stating its purpose as "Depositing the capital of the company (…name of the company) Under Formation," the names of the founders, and the ownership percentage of each founder in the company's capital.
2. The name of the account shall be as follows :"Founders Account of the Company (name of the company) "
3. Verifying the identity of the company's founders.
4. Payment from the account shall only be allowed by the company's board of directors after its registration in the commercial register and the bank's completion of the required documents in accordance with the requirements of Rule (300-1-3) related to resident companies. In the event the company's formation is not completed, the bank must return the amounts to each founder according to their share of the capital.
- Amend the title of the (second article) of the rule to state as follows: "Licensed Companies".
- Amend the title of the rule to state as follows: "Joint-Stock and Simplified Joint-Stock Companies".
Amendment of Rule (300-1-4) of Account Opening Rules
In reference to Rule (300-1-4) concerning Residents Investing Under Foreign Investment Law, as outlined in the Account Opening Rules communicated pursuant to SAMA Circular No. (65681/67) dated 01/11/1440H.
I inform you of the amendment to the rule mentioned above according to the attached version. Please note that the main amendments are as follows:
- Eliminating the requirement to obtain the foundational documents of the foreign or national entity partner in the foreign company licensed in Saudi Arabia (such as the commercial register and the memorandum of association), and replacing it with a requirement to understand the ownership structure and identify the partners whose names are mentioned in the memorandum of association or the articles of association, and verifying them using documents, data, or information from a reliable and independent source, with the possibility of completing the verification process later after account opening, according to specific regulations.
- Eliminating the requirement to obtain a power of attorney – in all cases – for managing and operating the account, with an explanation of the mechanism for verifying the validity of the authorization.
For your information and action accordingly as of this date.
Amendment to Rule (300-1-4) concerning Residents Investing Under Foreign Investment Law, as outlined in the Account Opening Rules
300.1.4 Residents Investing Under Foreign Investment Law
The bank may open accounts for entities wholly owned by a foreign investor or jointly owned by a foreign investor and a Saudi investor upon receiving the following:
300.1.4.1 Joint-Venture Entities Owned by a Saudi Investor and a Foreign Investor:
- Joint-venture entity owned by a foreign investor (natural or juristic) and a Saudi investor (natural or juristic):
1. A copy of the license issued by the Ministry of Investment.
2. A copy of the commercial register without the need to acquire the business license, or a copy of the professional license of the entity if the entity is a service provider.
3. A copy of the memorandum of association or the articles of association and its annexes.
4. A copy of the ID of the manager in charge in the entity. A copy of the passport can be sufficient, provided that a copy of the Iqama is submitted (90) days after opening the account.
5. Copies of the IDs of persons authorized to operate and manage the account, and verification of their authorization by identifying them in the memorandum of association, the articles of association, or a decision from the board of directors or partners – or their equivalent. If the authorized person for the account is an agent acting on behalf of the principal, a copy of the power of attorney issued by a notary public or a notary in Saudi Arabia must be provided, or the power of attorney must be authenticated by the Saudi embassy or with an Apostille Authentication if issued outside Saudi Arabia.
6. Understanding the ownership structure and identifying the partners whose names are mentioned in the memorandum of association or the articles of association, and verifying them using documents, data, or information from a reliable and independent source. -In cases where money laundering risks are lower-, the verification process can be completed later, after the account is opened, provided that it is done as quickly as possible. Any delay in identity verification must be necessary to avoid disrupting normal business procedures, and appropriate and effective measures should be applied to control money laundering risks.
300.1.4.2 Entities Wholly Owned by a Foreign Investor:
• Branches of foreign corporations or companies:
1. A copy of the license issued by the Ministry of Investment.
2. A copy of the commercial register without the need to acquire the business license, or a copy of the professional license of the entity if the entity is a service provider.
3. A copy of the ID of the manager in charge in the entity. A copy of the passport can be sufficient, provided that the Iqama is submitted (90) days after opening the account.
4. A copy of the commercial register or professional license, as well as the memorandum of association or the articles of association of the entity in the home country, certified by the Saudi embassy or with an Apostille Authentication.
5. Copies of the IDs of persons authorized to operate and manage the account, along with verification of their authorization by identifying them in a mandate from the main office of the company or corporation in the home country. The authorization must name the persons authorized to sign on behalf of the company in Saudi Arabia regarding the bank accounts.
6. Understanding the ownership structure and identifying the partners of the entity in the home country, whose names are mentioned in the memorandum of association or the articles of association, and verifying them using documents, data, or information from a reliable and independent source. -In cases where money laundering risks are lower-, the verification process can be completed later, after the account is opened, provided that it is done as quickly as possible. Any delay in identity verification must be necessary to avoid disrupting normal business procedures, and appropriate and effective measures should be applied to control money laundering risks.
• An entity owned by a foreign investor or jointly owned by more than one foreign investor:
1. A copy of the license issued by the Ministry of Investment.
2. A copy of the commercial register without the need to acquire the business license, or a copy of the professional license of the entity if the entity is a service provider.
3. A copy of the memorandum of association or the articles of association and its annexes.
4. A copy of the ID of the manager in charge in the entity. A copy of the passport can be sufficient, provided that the Iqama is submitted (90) days after opening the account.
5. Copies of the IDs of persons authorized to operate and manage the account, and verification of their authorization by identifying them in the memorandum of association, the articles of association, or a decision from the board of directors or partners – or their equivalent. If the authorized person for the account is an agent acting on behalf of the principal, a copy of the power of attorney issued by a notary public or a notary in Saudi Arabia must be provided, or the power of attorney must be authenticated by the Saudi embassy or with an Apostille Authentication if issued outside outside Saudi Arabia.
6. Understanding the ownership structure and identifying the partners whose names are mentioned in the memorandum of association or the articles of association, and verifying them using documents, data, or information from a reliable and independent source. -In cases where money laundering risks are lower-, the verification process can be completed later, after the account is opened, provided that it is done as quickly as possible. Any delay in identity verification must be necessary to avoid disrupting normal business procedures, and appropriate and effective measures should be applied to control money laundering risks.
• Foreign individual investor (Sole proprietorships):
1. A copy of the license issued by the Ministry of Investment.
2. A copy of the commercial register without the need to acquire the business license.
3. A copy of the Iqama for the manager in charge and the investor, owner of the entity. A copy of the passport can be sufficient, provided that the Iqama is submitted (90) days after opening the account.
4. The full address of the investor in his/her home country.
5. Copies of the IDs of persons authorized to operate and manage the account, as identified in a power of attorney certified by a notary public or a notary if issued inside Saudi Arabia and by the Saudi embassy or Apostille Authentication if issued outside Saudi Arabia, in the case of an agent or authorized person other than the owner of the entity.
- Eliminating the requirement to obtain the foundational documents of the foreign or national entity partner in the foreign company licensed in Saudi Arabia (such as the commercial register and the memorandum of association), and replacing it with a requirement to understand the ownership structure and identify the partners whose names are mentioned in the memorandum of association or the articles of association, and verifying them using documents, data, or information from a reliable and independent source, with the possibility of completing the verification process later after account opening, according to specific regulations.
Amendment of Rule No. (5) of the Account Opening Rules
In reference to The rule No. (5) stated within Chapter II of the Account Opening Rules notified under SAMA Circular No. (65681/67) dated 01/11/1440 H related to Inoperative Accounts.
We inform you of the amendment to the mentioned rule as outlined below:
First: Amendment of the introduction to the definition of Inoperative Accounts to read as follows: "Accounts, relationships and transactions shall be considered non-moving after two calendar years from the date of the last financial transaction carried out by the customer, his/her authorized representative, or his/her heirs. Inoperative accounts are divided into three types as described in this Rule. The purpose of this Rule is to keep accounts active, save the customer assets (money) that have not been used for a financial transaction (withdrawal or deposit – depending on the nature of the relationship), recorded debit transactions, or documented correspondences during the period specified in Article (5.2) ..."
Second: Amendment of Clause (First) of Paragraph No. (5-1) Including transactions to which the rule applies to be as follows: "Inoperative current and saving accounts on which no financial transaction (withdrawal or deposit) has been carried out by the customer, his/her authorized representative, or his/her heirs".
Third: Amendment of Paragraph No. (5-2-1) including the provisions of active accounts to be as follows: "Accounts shall be considered active if no more than (24) calendar months have passed since the last recorded financial transaction (withdrawal or deposit, depending on the nature of the relationship) carried out by the customer, his/her authorized representative, or his/her heirs, or since the last reliable and documented correspondence".
Fourth: Amendment of Paragraph No. (5-2-2) including the provisions regarding dormant accounts to be as follows: "Accounts shall be considered dormant after completing (24) calendar months from the date of the last recorded financial transaction (withdrawal or deposit, depending on the nature of the relationship) carried out by the customer, his/her authorized representative, or his/her heirs, or the last reliable and documented correspondence".
Fifth: Amendment of Paragraph No. (5-2-3) Including the provisions for unclaimed accounts to be as follows: "Accounts shall be considered unclaimed after completing five years (60 months), including the dormant phase, from the date of the last recorded financial transaction (withdrawal or deposit, depending on the nature of the relationship) carried out by the customer, his/her authorized representative, or his/her heirs, or the last reliable and documented correspondence, and the bank becoming unable to reach the customer after using all methods of contact."
Amendment of Rule 300.1.5.3 of the Account Opening Rules
Referring to Rule No. (300-1-5-3) regarding Family funds included within the Account Opening Rules, communicated by SAMA Circular No. (65681/67) dated 01/11/1440H.
We would like to inform you about the amendment of the base requirements mentioned above by excluding the requirement to obtain copies of the identification cards of the founder(s) when opening bank accounts for family funds, according to the attached format.
Amendment of the requirements for Rule No. (300-1-5-3) concerning family funds.
- Family Funds:
The bank may open accounts only in Saudi riyal for family funds. The requirements are as follows:
- A letter from the chairman of the trustee board of the family fund (or their authorized representative) to the bank in which the account is to be opened clearly indicating the purpose of opening the account.
- A copy of the license issued by the Ministry of Human Resources and Social Development.
- A copy of the fund's bylaws.
- A copy of the trustee board formation decision and copies of board members’ IDs.
- The bank account shall be managed by a joint signature of at least two persons: one shall be the chairman or the vice-chairman of the trustee board, and the other shall be the financial officer (principal signature). The trustee board may authorize two of its members or two senior Saudi managers of its executive management to manage the bank account, subject to the approval of the Minister or their authorized representative.
- Disbursement from the fund shall be in accordance with the methods and conditions stipulated in the fund's bylaws.
- The family fund may accept funds, gifts, bequests, Zakat and subscriptions (if any) from its founders and family members only, provided that the bank obtains a pledge from the chairman of the fund’s trustee board to comply with this requirement.
- The family fund is allowed to invest its money according to the provisions stipulated in the fund’s bylaws.
- The family funds are not allowed to make any transfers or issue bank or personal checks to parties outside Saudi Arabia.
- Approval of the director of the compliance department for opening the account.
For your information and action accordingly as of this date.
Amending Article No. (1) and Article No. (14-6) of the Updated Consumer Finance Regulations
This section is currently available only in Arabic, please click here to read the Arabic version.Introduction of a Rule Entitled, “Collection Accounts for Managing the Finance Value of Debt-Based Crowdfunding Companies"
Referring to the rule (300) including the rules for opening bank accounts for Juristic Persons, included in the Account Opening Rules, and notified pursuant to SAMA Circular No. (65681/67) dated 01/11/1440H.
I inform you that the following has been decided:
- Introduction of a rule Below the rule mentioned above, numbered (300-1-3-8), titled: Collection Accounts for Managing the Finance Value of Debt-Based Crowdfunding Companies, in accordance with the attached wording.
- Add a definition of a debt crowdfunding facility within Chapter (I) on definitions, as follows: a joint stock company licensed to practice debt crowdfunding activity through a digital platform, or an entity that practices debt crowdfunding activity within the experimental environment at SAMA.
- Add a definition of the value of financing under Chapter (I) on definitions, as follows: Funds provided by participants to the beneficiary enterprise through the debt crowdfunding platform.
New Rule (300-1-3-8) under Rule (300), which outlines the Rules for Opening Bank Accounts for Juristic Persons.
The collection accounts for collecting funds from participants in order to extend credit to beneficiaries shall be opened and managed in accordance with the following requirements:
- A letter from the Chairperson of the Board of Directors of the company or their authorized representative to the bank, stating the purpose of opening the account under the name “Management of the Finance Value of (name of debt-based crowdfunding company)”, and identifying the persons authorized to manage the account.
- Copies of all the company’s incorporation documents, including the memorandum of association, articles of association and Board formation decision.
- Copies of the IDs of persons authorized to manage the account.
- The name of the account shall be “Management of the Finance Value of (name of debt-based crowdfunding company).”
- The account shall be separate and independent from the accounts opened for managing the company’s business, including the fees and commissions collected by the company. The account shall not be used for any financial obligations or rights of the company.
- Transfer of money to other accounts without the approval of the participants shall only be made after submitting SAMA’s non-objection for such transaction.
- Cash deposits to or withdrawals from the account shall not be allowed.
- Introduction of a rule Below the rule mentioned above, numbered (300-1-3-8), titled: Collection Accounts for Managing the Finance Value of Debt-Based Crowdfunding Companies, in accordance with the attached wording.
Amendment of Rule No. (300-1-6-6) of the Account Opening Rules
In Reference to Rule (300-1-6-6) concerning the Bank Accounts of Relief Committees and Campaigns, as stated in the Account Opening Rules, communicated through SAMA Circular No. (65681/67), dated 01/11/1440H.
I would like to inform you of the modification of the requirements of the above-mentioned rule to align with the attached wording, so that its scope includes the accounts of the King Salman Humanitarian Aid and Relief Center for the purpose of managing its humanitarian campaigns.
300.1.6.6 Bank Accounts of Relief Committees and Campaigns:
Bank accounts shall be opened for designated relief campaigns and committees, as well as for the King Salman Humanitarian Aid and Relief Center "the Center", for the purposes of managing its operations and humanitarian relief campaigns abroad as follows:
1. A copy of the approval from His Majesty the King for the establishment of the designated fundraising committee/campaign, and the approval of SAMA to open one main account under the name of the committee or campaign, after determining the persons authorized for the account (joint signatures) and providing copies of their IDs and specimen signatures. If the account is to be opened for the Center, a letter must be obtained from the General Supervisor of the Center addressed to the bank, determining the persons authorized to manage the account (at least two persons) with joint signatures, and providing copies of their IDs and specimen signatures. The request must specify that the sources of the account’s funds do not include amounts from the state budget or the Center’s budget.
2. Authorized persons in the center, or in the relief committees and campaigns are permitted to open sub-accounts linked to the main account for the purposes of collecting donations and conducting relief activities.
3. The bank accounts of the center for the purposes of employee salaries, operational expenses, or its humanitarian activities, which are funded by the state’s general budget or the center’s budget, shall be separated from the accounts of the center that are funded from sources other than the state’s budget or the center’s budget. The instructions outlined in Rule (500-1-1) regarding the opening and management of government entity accounts shall be applied to the center's accounts that are funded by the state’s budget or the center’s budget.
4. Deposits into such accounts may be accepted through all means, including cash, checks, or local transfers. The center is also permitted to accept electronic donations through electronic payment gateways via different methods, including credit cards (both domestically and internationally).
5. ATM or credit cards shall not be issued for such accounts.
6. Money transfer to accounts outside Saudi Arabia or receiving transfers from there shall not be accepted after obtaining approval from SAMA, except for the Center's accounts, to which this paragraph does not apply.
Amendments of Rules 300.1.1 and 300.1.3 of the Account Opening Rules
In reference to Rule No. 300-1-1 for Licensed Businesses and Shops, and Rule No. 300-1-3 for Resident Companies, contained in Account Opening Rules, communicated by SAMA Circular No. 65681/67 dated 1/11/1440 H.
Please be informed of the amendment of the two aforementioned rules to align with the attached formulations, aimed at clarifying the requirements to be met when opening bank accounts for institutions or companies, particularly when the owner of the institution or one/all of the partners are associations or non-profit organizations.
For your information and consideration, please take this into account for similar accounts classified for the purposes mentioned above, such as sub-accounts under the main account of the association or non-profit organization.
Amendment of Requirements for Rule No. (300-1-1) related to Licensed Businesses and Shops, and Rule No. (300-1-3) related to Resident Companies.
300-1-1 / Licensed Businesses and Shops:
Bank accounts for these entities may be opened after obtaining the required documents from each, as follows:
- A copy of the commercial registration for the institution or shop, or a copy of the activity license if it alone suffices for the establishment’s activity without needing a commercial registration.
- Identifying and verifying the identity of the establishment owners based on the name listed in the commercial registration or license, and ensuring the validity of their identity information.
- Copies of the individuals' identities authorized to manage and operate the accounts.
- If the owner of the institution or shop is a Waqf (endowment), non-profit associations/institutions, or cooperative societies, the bank must fulfill the following in addition to the above requirements:
- A copy of the valid endowment registration certificate issued by the General Authority for Awqaf, which should minimally include the following: name of the Waqf, endowment deed number and date, names of supervisors and their ID numbers (for endowments), or a copy of the license issued by the Ministry of Human Resources and Social Development and the decision of the association’s or institution’s board of directors (meeting minutes) approving the establishment of the institution or shop and designating authorized signatories for bank accounts (for non-profit associations/institutions or cooperative societies).
- Copies of the IDs of the supervisors named in the registration certificate (for endowments).
- The accounts shall be classified as high-risk accounts.
Bank accounts for resident companies in the Kingdom may be opened upon obtaining the following documents:
- A copy of the commercial registration.
- A copy of the articles of incorporation or bylaws and their appendices.
- A copy of the identity of the responsible manager.
- Identifying and verifying the identities of the board members.
- A power of attorney issued by a notary public or certified notary, or an authorization prepared within the bank by the individual(s) authorized under the articles of incorporation, partner resolution, or board resolution to grant signing authority for bank accounts and to operate them.
- Copies of the IDs of the individuals authorized to sign and operate the accounts.
- Identifying and verifying the identities of the company owners listed in the articles of incorporation per its latest amendments, except for publicly listed companies.
- If all or any of the company owners are endowments, non-profit associations/institutions, or cooperative societies, as indicated in the articles of incorporation, the bank must fulfill the following requirements in addition to the above:
- A valid copy of the endowment registration certificate issued by the General Authority for Awqaf, which should include at least the following: name of the Waqf, endowment deed number and date, names of supervisors and their ID numbers (for endowments), or a copy of the license issued by the Ministry of Human Resources and Social Development and the board of directors' decision (meeting minutes) approving the establishment of the company (for non-profit associations/institutions or cooperative societies).
- Copies of the IDs of the supervisors listed in each endowment’s registration certificate (for endowments).
The accounts shall be classified as high-risk accounts if the ownership of endowments, non-profit associations/institutions, or cooperative societies exceeds 50% of the company’s capital.
Amendment of Rules 4.1 and 4.2 Contained in Chapter II of the Account Opening Rules
This section is currently available only in Arabic, please click here to read the Arabic version.Updating Financial Institution KPIs
This circular has been updated by SAMA circular No. (44009296), dated 05/02/1444H, to read the consolidated version, click here.Amendment of Certain Articles of the Implementing Regulation of the Finance Companies Control Law and Rules Governing Disposal of Finance Assets or Their Contractual
Referring to the powers granted to (SAMA) under the Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/8/1433H, and based on Article Two of the Implementing Regulations of the Finance Companies Control Law issued by the Governor's Decision No. 2/MFC dated 14/4/1434H, which stipulates that "SAMA shall organize the Finance sector and supervise the business of the Finance Companies in accordance with the Law and the Regulation as the following: 2- Taking all actions necessary for maintaining the integrity and stability of the Finance sector and fairness of its transactions. 3- Taking all actions necessary for encouraging legitimate and fair competition among Finance Companies. 4- Issuing rules and instructions required to organize the Finance sector".
I would like to inform you that SAMA has decided the following:
First: Amendment of paragraph (2) of Article 12 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "Any candidate for a Senior Management position in the Finance Company must comply with the requirements of professional eligibility and fit and proper requirements stipulated by SAMA. In particular the following: 2-He must be professionally qualified and must have at least five years of relevant experience. SAMA has the right to assess the candidate's completion of such period of experience."
Second: Amendment of paragraph (3) of Article 16 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "No company is allowed to finance a residential real estate property in any form of finance but the real estate Finance Company".
third: Amendment of Article 23 of the Implementing Regulation of the Finance Companies Control Law to read as follow: "The Finance Company shall obtain from SAMA a non-objection letter prior to the launch of any financial products or amendment of any existing products directed to individuals or beneficiaries of microfinance".
Fourth: Amendment of paragraph (3) of Article 36 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "Recruitment of non-Saudis in the Finance Company shall be limited to jobs that require expertise not available in the Saudi labor market. In all cases, the Finance Company must obtain a non-objection letter from SAMA before appointing any non-Saudi employee in supervision departments provided that the Company has proved the lack of Saudis for the vacant position".
Fifth: Amendment of paragraph (1) of Article 54 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "The aggregate finance amount offered by a Finance Company shall not exceed five times the capital and reserves for Finance Companies carrying out real estate finance activities and three times the capital and reserves for Finance Companies carrying out other finance activities, unless a non-objection letter from SAMA is obtained".
Sixth: Amendment of paragraph (2) of Article 54 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "SAMA may increase the limit on the aggregate finance amount offered by a Finance Company to the extent it deems appropriate, taking into account the financial position of the Finance Company, its performance and the market conditions".
Seventh: Amendment of paragraph (2) of Article 60 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "All collateral must be enforceable and capable of valuation in order to be acceptable. Personal guarantees must be evaluated based on the net assets and/or net earning of the guarantor".
Eighth: Amendment of paragraph (2) of Article 67 of the Implementing Regulation of the Finance Companies Control Law to read as follows: "The Finance Company may not dispose finance assets or rights arising therefrom in any form except in accordance with the rules issued by SAMA in this regard".
Ninth: Add an article in the final provisions section stating that: "Compliance with Articles (78, 79, 81, 82, 83 and 84) of the Implementing Regulation of the Finance Companies Control Law is optional when dealing with small, medium and large enterprises".
Tenth: Amendment of paragraph (7-4) of the Rules Governing disposal of Finance Assets or Their Contractual Rights to read as follows:" SAMA may exclude some transactions of disposal of finance assets or their contractual rights from some of terms set out in this paragraph".
Updating paragraphs (3), (4), and (5) of Rule No. (100)
This section is currently available only in Arabic, please click here to read the Arabic version.Amending the Requirements of Rule No. (300-1-5-7) for Owners’ Associations Licensed by the Ministry of Housing
This section is currently available only in Arabic, please click here to read the Arabic version.Amendment to Some Bank Account Rules to Enable Various Endowment Entities to Benefit from Banking Services
This section is currently available only in Arabic, please click here to read the Arabic version.Introducing Two Rules Within the Account Opening Rules for Associations and Professional Bodies
This section is currently available only in Arabic, please click here to read the Arabic version.Amendments of Requirements for Bank Accounts for Prison Inmates’ Deposits as per Rule No. (200-1-1)
This section is currently available only in Arabic, please click here to read the Arabic version.Updating Financial Institution KPIs
This circular is currently available only in Arabic, please click here to read the Arabic version.Amendment of the Requirements for Appointments to senior positions in Financial Institutions Supervised by SAMA
No: 42080755 Date(g): 28/6/2021 | Date(h): 19/11/1442 Status: In-Force This circular is currently available only in Arabic, please click here to read the Arabic version.Introduction of a New Paragraph within the Rule No. (300-1-5-3) of the Account Opening Rules
No: 450651330000 Date(g): 22/4/2024 | Date(h): 14/10/1445 Status: In-Force Translated Document
In Reference to rule No. (300.1.5.3) included in the Account Opening Rules, and notified by SAMA Circular No. (65681/67) dated 01/11/1440H, which includes the requirements for opening and managing bank accounts for Private Foundations.
I inform you of the amendment to the rule mentioned above by introducing a sub-rule that regulates the opening and management of bank accounts for civil society organizations established pursuant to royal orders, as per the attached format wording.
For your information and action accordingly as of this date. SAMA also emphasizes the importance of adhering to the instructions communicated according to Circular No. (45034076) dated 26/05/1445H regarding The Requirement for Obtaining the Approval of the Ministry of Human Resources and Social Development to Open Bank Accounts, Transfer or Issue Checks Outside the Kingdom Shall not Apply to the King Faisal Foundation.
New Rule within Rule No. (300.1.5.3) Concerning the Requirements for Opening and Managing Bank Accounts for Private Foundations
- Civil Society Organizations established pursuant to royal orders:
Bank accounts may be opened for Civil Society Organizations established pursuant to royal orders as follows:
1. A copy of the approval from His Majesty the King for the establishment of the civil society organization.
2. A copy of the articles of association of the organization.
3. A copy of the decision of forming the members of trustee board and verifying the identity of the members.
4. Copies of the IDs of individuals authorized to manage and operate the bank account, with verification of their authorization by identifying them in a decision by the Board of Trustees. The signature should be joint for two officials, unless the organization's articles of association state otherwise.
5. Any transactions (e.g. remittance, collection of checks, etc.) outside Saudi Arabia may be made after verifying that these transactions align with the activity or main purpose for which the organization was established, as per its articles of association.
6. No transactions (e.g. remittance, collection of checks, etc.) outside Saudi Arabia shall be made for an organization if it is evident that the transaction does not align with its activity or main purpose under its articles of association, except for transferring money for the purpose of managing the organization’s activities. For example, remittance for paying fees of consulting services or of participation in external symposiums, conferences and the like may be made after obtaining approval from the National Center for Non-Profit Sector.
- Civil Society Organizations established pursuant to royal orders:
Amendment of the Finance Companies Control Law
In reference to the Royal Decree No. (M/51) dated 13/8/1433 H, which includes the promulgation of the Finance Companies Control Law. We inform you of the issuance of the Royal Decree No. (M/272) dated 4/12/1445 H approving the amendment of a number of articles of the Finance Companies Control Law, as follows:
1- Amending the definition of “Finance Company” in Article (1) of the Law, to read as follows: “Finance company: A company licensed to engage in finance activities.”
2- Adding a clause numbered (5) to Item (first) of Article (5) of the Law, stating the following: “The company shall take the form of a joint stock company. The Bank may authorize other than the form of joint stock companies if it deems that the proposed business model or the nature of the activity requires it, provided that this does not prejudice the safety of the financial system and the fairness of the transactions.” The current clause (5) should be renumbered as clause (6).
3- Amendment to clauses (1) and (2) of Article (11) of the Law to read as follows:
“1- Engage in any activity other than finance activities, unless approval is obtained from the bank.
2- Acquire, directly or indirectly, other entities engaging in activities other than finance activities, unless approval is obtained from the bank.”
4- Amendment to subparagraph (d) of clause (1) of Article 12 of the Law to read as follows “finance or offer facilities to persons or entities if one of the members of the board of directors of the finance company, one of its managers, members of its board of managers, or the like, as the case may be, or its external auditor is a guarantor for receiving such finance or facilities.”
5- Amendment to clause (2) of Article Twelve of the Law to read as follows “Without prejudice to public and private rights prescribed by law, any board member of a finance company, any director of the finance company, any member of the board of managers of the finance company, or the like - as the case may be - and any external auditor of the finance company, who receives finance in breach of sub-clause 1(b), 1(c) or 1(d) of this Article shall be deemed dismissed as specified under the provisions of the Regulations.”6- Amendment to Article (16) of the Law and its Clauses (1) and (2) to read as follows: "A finance company board member, or its managers or the member of its board of managers, or the like,- as the case may be- requires the following:
- be a board member in another finance company engaged in the same activity, nor one of its managers, member of its board of managers, or the like, as the case may be.
- combine the duty of monitoring finance companies or auditing their accounts with membership in board of directors in the same finance company, nor as one of its managers, members of its board of managers, or the like, as the case may be."
7- Amendment to Article (17) of the Law to read as follows: "Members of the board of directors of the company, its managers ,and the members of its board of managers, or the like,- as the case may be- as well as its general manager, senior executive directors and branch managers, each within their powers, shall be liable for the company’s breach of the provisions of this Law and its Regulations."
8- Amendment to Article (18) of the Law to read as follows: "Without prejudice to Article 12(1) (a) of this Law, members of the board of directors of a finance company, its managers ,and the members of its board of managers, or the like,- as the case may be- shall be jointly and severally liable for guaranteeing the company’s rights against losses resulting from granting finance without collateral."
9- Amendment to Article (19) of the Law to read as follows: "An audit committee shall be formed in each joint-stock finance company from non-executive board members. Committee duties, selection of its members, term of membership and work procedures shall be determined pursuant to a resolution by the general assembly of the finance company upon a proposal by the board of directors."
10- Amendment to Article (20) of the Law to read as follows: "Upon concluding any finance contract falling within their powers, the chairman, board members, its managers ,and the members of its board of managers or the like— as the case may be— and employees of the finance company shall disclose in writing the following:
- Any relation with respect to the contract.
- Any relation to the contract of any relative up to the second degree.
- Any financial interest they have with any contract party.
In case of non-disclosure, an aggrieved party may file a lawsuit before the competent court to invalidate the contract."
11- Amendment to the Title of Chapter (5) of the Law from "Supervising Finance Companies" to "Supervision".
12- Amendment of Article (21) of the Law to read as follows: "Subject to paragraph (2) of Article (Ten) of the Law, the bank supervises the activities of finance companies, entities engaged in activities supporting finance activity, and companies licensed to register contracts under the provisions of the Finance Lease Law, and exercise its powers pursuant to the provisions of this Law and its Regulation."
13- Amendment to Article (29) of the Law to read as follows: "If a finance company, entities engaged in activities supporting finance activity, or a contract registration company commits violations relating to any professional irregularities or transactions exposing its shareholders or creditors to risk, or if its debts exceed its assets, SAMA shall, by written decision and in proportion to the violation, take one or more of the following measures:
- Serve a warning.
- Require the finance company to submit an appropriate corrective action plan.
- Order the suspension of some of its operations or prevent distribution of dividends.
- Impose the fine set out in Article (34) of the Law, as the case may be.
- Order the temporary suspension or dismissal of the violator -if not a board member, managers, or a members of its board of managers or the like as the case may be- according to the gravity of the violation.
- Temporarily suspend the chairman, any board member, managers, or a members of its board of managers or the like as the case may be.
- Appoint one or more consultants at the expense of the finance company to provide advice on its conduct of business.
- Suspend the board of directors, its managers ,and the members of its board of managers or the like— as the case may be and appoint a manager at the expense of the finance company to run the company until the causes for suspension, as determined by SAMA, cease to exist. And if SAMA deems that the violation calls for cancellation of the license or liquidation of the finance company, SAMA may initiate a suit before the competent court. SAMA, at its own discretion, may suspend the license until the suit is decided.
14- Addition of a New Article (36- Bis) to the Law, to read as follows: "The bank may exempt one or more finance companies from the scope of application of certain provisions of Chapters (3), (4), and (5) of the Law, taking into account equity of transactions and the integrity of the financial system."
For your information.
Update of the Key Principles of Governance in Financial Institutions
Based on the powers granted to SAMA under its law issued by Royal Decree No. (M/36) dated 11/04/1442H, and other relevant laws, and further to the Key Principles of Governance in Financial Institutions Supervised by SAMA, as issued in Circular No. (42081293) dated 21/11/1442H.
We would like to inform you of the update to the principles mentioned above, in accordance with the version published on SAMA's website, in line with the Companies Law issued by Royal Decree No. (M/132) dated 01/12/1443H and its Implementing Regulations.
For your information and action accordingly, the principles shall be mandatory for the financial institutions to which they apply, effective from this date. Please note that the attached amendments revoke any provisions that are in conflict with them from the relevant instructions of SAMA.
The updated provisions of the Key Principles of Governance in Financial Institutions Supervised by SAMA.
First: Updating the definition of the term (financial institution) to be as follows: "An entity subject to the control and supervision of the Central Bank."
Second: Deleting paragraph (B) of the factors affecting independence included in the definition of the term (independent member), which stated that: "if he is a representative of a legal person that holds 5% or more of the shares of the financial institution or any company within its group;".
Third: Updating paragraph (E) of the factors affecting independence included in the definition of the term (independent member) to be as follows:" if he works or used to work, within the preceding two years, for the financial institution, for any company within its group, for it's Substantial Shareholders, or for main suppliers and external auditors, or he held controlling interests in the financial institution, any company within its group, Substantial Shareholders, or any party dealing therewith like external auditors or main suppliers within the preceding two years."
Fourth: Updating paragraph (17) under (2nd Principle/ Formation, Appointment and Board Affairs) to be as follows: "Each member shall immediately inform the Board of any -direct or indirect- interest he has in the businesses and contracts executed for the financial institution’s account, and shall not participate in voting on the decision to be taken in this regard."
Fifth: Updating paragraph (A) of item (43) under (3rd Principle/ Responsibilities of the Board) to be as follows: "Emphasize that members, senior executives and other employees of the financial institution avoid situations that may lead to a conflict of their interests with those of the financial institution, and deal with such cases as per the provisions of the relevant laws and regulations."
Sixth: Deleting item (79) under (5th Principle/ Committees Formed by the Board / The Audit Committee), which stated: "The committee shall be formed by a decision of the Ordinary General Assembly".
Seventh: Deleting item (80) under (5th Principle/ Committees Formed by the Board / The Audit Committee), which stated: " The committee chairman and members shall be appointed for a period of three years, renewable for a maximum of two additional terms".
Eighth: Updating the footnote of item (78) to be as follows: " As for banks, all committee members shall be independent".
Ninth: Updating paragraph (T) of item (102) under (7th Principle/ Disclosure and Transparency) to be as follows:" Information related to any businesses or contracts to which the financial institution is a party, or in which any related party has an interest. This shall include the names of persons engaged in these businesses or contracts, and the nature, terms, duration, and amount of same. If no such businesses or contracts exist, the financial institution shall submit a statement of same".
“Tamweel” E-portal Approved by Monsha’at
Further to SAMA Circular No. (41051780) dated 08/08/1441H regarding the "Tamweel" electronic portal approved by the Public Authority for Small and Medium Enterprises "Monsha'at", which encourages financing entities to provide services to entrepreneurs and owners of micro, small, and medium enterprises (MSMEs) through the portal, SAMA remains committed to enabling the financial sector to support the growth of the private sector and its strategy to enhance the use of electronic channels to improve the level of service quality to achieve the objectives of Saudi Vision 2030.
Accordingly, SAMA reiterates the encouragement to provide services to entrepreneurs and MSME owners through the "Tamweel" electronic portal approved by "Monsha'at," to benefit from the services provided through it. Financing entities are also urged to process applications submitted through the portal within specified timelines, include information about rejected financing requests along with the reasons for rejection, and forward them to the portal.
Confirmative Circulars
Compliance with the Regional Clearing System Procedures Implemented Since 23-3-1416H
This circular is currently available only in Arabic, please click here to read the Arabic version.Acquisition of Real Estate Finance Assets or Rights Arising from Mortgage Finance Companies
Referring to SAMA Circular No. 381000039082 dated 10/04/1438 H regarding the increase of the maximum LTV on real estate finance granted by banks and exchangers to citizens to own their first home, and SAMA Circular No. 371000064719 dated 07/06/1437 H regarding the acquisition of financing assets from real estate finance companies or the rights arising from those assets, and given that some banks are contracting with real estate finance companies to acquire real estate finance assets or the rights arising from those assets.
I would like to inform that there is nothing preventing a bank from acquiring real estate finance assets or rights arising from such assets in cases of disposal without recourse or with partial recourse in contracts for the first home financing for citizens, provided that the amount of the existing financing for the assets (or the rights arising from them) upon acquisition does not exceed (85%) of the value of the home, while stressing that the compliance with Circular No. 371000064719 dated 07/06/1437 H should continue when acquiring real estate finance assets or rights arising from them for financing contracts other than for citizens’ first homes.
Emphasis on Compliance with Regulations for Advertising Products and Services Offered by Financial Institutions
In line with SAMA's role in protecting customers of financial institutions as per relevant regulations, and with reference to SAMA Circular No. 44064343 dated 13/08/1444H, which includes the Rules for Advertising Products and Services Provided by Financial Institutions, and in light of the complaints observed recently regarding marketing calls made by some banks to promote their products and services:
SAMA reiterates the importance of full compliance by all banks with its relevant instructions and the need to operate with a high level of professionalism to ensure the best interest of customers throughout their relationship with the bank. Specifically, banks must adhere to Article 11 of the Rules for Advertising Products and Services Provided by Financial Institutions, which states:
"Financial institutions must obtain the customer’s written or electronic consent regarding his desire to receive advertisements according to the channels preferred by the customer. They must grant the customer the right to permanently refuse to receive these advertisements easily and in clear and specific ways."
Banks are required to review their current procedures, whether these services are provided directly by the bank or through a third party and update related policies to align with SAMA's instructions.
Allow the Banks Operating in the Kingdom to Deal with Western Union for the Purpose of External Transfers After Obtaining SAMA Approval
Refering to SAMA circular No. M A T/913 dated 5/10/1430 H which includes a prohibition on performing any money transfers or issuing checks, whether by individuals, companies, or other entities, through or in favor of the company (Western Union) either within or outside the Kingdom, directly or indirectly.
We would like to inform you that it is now possible to engage with Western Union, while ensuring compliance with SAMA Circular No. M A T/464 dated 15/05/1430 H. This circular emphasizes the necessity of obtaining prior approval from SAMA before contracting with any company specialized in money transfer operations. Additionally, adherence to related regulations and instructions is required, including but not limited to: the Know Your Customer (KYC) principle, and anti-money laundering and counter-terrorism financing regulations.
Allowing Premium Residency Holders to Own Real Estate
SAMA has received a letter from the Premium Residency Center referencing the Privileged Residency Permit Law issued by Royal Decree No. (M/106) dated 10/9/1440H. Article (2) of the law states:
"1- Holders of the Premium Residency shall enjoy the following rights and benefits and shall comply with the obligations arising therefrom, ... (d) Ownership of real estate for residential, commercial, and industrial purposes, except in the cities of Mecca and Medina, and border areas as determined by the regulations..." The Center clarified that the ownership of real estate for the aforementioned purposes by holders of the Premium Residency is a right guaranteed under the Privileged Residency Law and its Executive Regulations, and exercising this right does not require any additional procedures from government entities.
Accordingly, please review and take note of the above. For further details, please refer to the Privileged Residency Law and its Executive Regulations.
Emergency Evacuation for People with Disabilities
Further to SAMA's instructions issued under No. (41039051) dated 03/06/1441H regarding the services provided for persons with disabilities in financial institutions, and referring to the letter from the Minister of Human Resources and Social Development, Chairman of the Board of Directors of the Authority for the Care of people with Disabilities, No. (138474) dated 19/07/1443H, which includes the emergency evacuation guide for persons with disabilities.
In order to enhance safety and security procedures for financial institutions, contributing to providing safe evacuation routes for people with disabilities in the event of accidents, God forbid.
SAMA confirms that all financial institutions must adhere to and comply with the emergency evacuation standards for people with disabilities according to the accompanying guide.
Charging Fees on Mada Claims
Based on the powers vested in SAMA pursuant to Its law issued by Royal Decree No. 23 dated 23/05/1377 H, and The Banking Control Law issued by Royal Decree No. M/5 dated 22/2/1386 H, and Minister Council Decision No. (226) dated 2/5/1440 H, emphasizing that SAMA is the competent authority by regulation for operating payment and financial settlement systems and their services in the Kingdom, monitoring them, and supervising them. It has the authority to issue rules, instructions, and licenses according to the standards applied by SAMA in this regard, and referring to the regulatory controls on the operations of ATMs and points of sale and the related procedures communicated by Circular No. 2193/MAT/102 dated 13/2/1419 H, in order to strengthening confidence in the banking sector in general and the Mada service in particular, and seeking to reduce customer claims on card-issuing banks while encouraging banks to maintain their devices and provide the best supporting tools to fully and accurately complete banking transactions, the following has been decided:
First: The banks are committed to refunding the financial amounts to their customers for incorrect and incomplete transactions correctly across all services "ATM, point of sale, e-commerce transactions" within two working days from the date of the transaction.
Second: Imposing financial fees on banks that did not comply with returning amounts to their clients during the period specified above according to the following table:
Settlement fee per claim
The number of claims
5 riyals
From 1 to 200
10 Riyals
From 201 to 400
15 Riyals
From 401 to 600
20 Riyals
From 601 to 800
25 Riyals
From 800 or more
For your information and action effective from the date 1/7/2020 G.
Compliance with the Updated Personal Data Protection Law and its Implementing Regulations
Further to the instructions of SAMA communicated through Circular No. (43045328) dated 19/05/1443 H regarding Adherence to the Personal Data Protection Law and Data Governance Policies, Regulations and Rules , and in reference to the Royal Decree No. (M/148) dated 05/09/1444 H which includes the approval of amendments to the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 09/02/1443 H, and to its implementing regulations issued by the competent authority.
Based on the aforementioned circumstances and given that the provisions of the aforementioned law and its implementing regulations have come into force on 29/02/1445 H corresponding to 14/09/2023 G, SAMA emphasizes that financial institutions must adhere to the following:
First: Implement the updated Personal Data Protection Law in accordance with Royal Decree No. (M/148) dated 05/09/1444 H, and its implementing regulations issued by the relevant authority. Review related internal policies and procedures to ensure they are amended to comply with the law and its implementing regulations within a period of one year from the effective date mentioned above.
Second: Provide SAMA with a compliance status using the evaluation form that will be shared via email before the date 28/09/2023 G, and submitted semi-annually in mid-January and mid-July of each year, starting from 2024 G, via the following email.
Third: SAMA will serve as the communication channel for financial institutions regarding the implementation of the aforementioned law and its implementing regulations, using the email mentioned above.
For your information and to act accordingly from this date. Please note that SAMA, as part of its supervisory and regulatory role, will conduct inspection visits to financial institutions to ensure the implementation of the aforementioned law and its implementing regulations.
Passing Reports to Security Authorities via Hotline Numbers of Police Operations Rooms in Provinces
In reference to the telegram from His Royal Highness, the Minister of Interior, No. (42188) dated 16/02/1443 H, regarding the approval of the recommendations of the committee formed to study the possibility of providing a unified direct line for all regions of the Kingdom to receive reports from financial sector entities in the event of security incidents. Additionally, in reference to the telegram from His Excellency, the Assistant Minister of Interior for Operations Affairs and Supervisor of Public Security, No. (1/4300630140/S) dated 13/03/1443 H, which includes a statement of the direct numbers for the operations rooms in the region's police departments.
Accordingly, attached are the direct contact numbers for operation rooms in areas not covered by the unified security operations centers (911). The central bank emphasizes the need to communicate with these numbers when there is a need to relay reports to the security agencies. The central bank also requests to be provided with a plan to activate the use of these numbers within a week from this date, via email:
(Bankingsafetysecurity@sama.gov.sa).The Direct Numbers for the Operations Rooms in the Police Districts
The region
The direction
The direct number
Riyadh.
Operating Room.
911
Makkah al-Mukarramah
Operating Room
911
Al Bahah
The Operations Room
0177272296
The Eastern Province
Qatif
0138551851
Ras Tanura
0136672488
Al Jubail
0133610488
Al-Ahsa
0135869389
Hafar al-Batin
0137257910
Qaryat Al Ulya
0133861871
The airport
0138836497
Al-Nairyah
0133730904
Buqayq
0135661212
Al Khafji
0137660596
Jazan
The Duty Supervisor
0173405236
Police operations
0173405257
Security Patrol Operations
0173405239
Emergency phones
0173169900
0173169901AL- Medina AL- Munawara
Operating Room
0148384416
The Security Patrols
0148400771
The contact officer with the central bank
0505314129
Tabuk
The Operations Room
0144236028
0144232212Najran
The Operations Room
0175448515
Al Jouf
Al-Qurayyat
0146435558
Sakaka
0146257769
Dumat Al-Jandal
0146224668
Tabarjal
0146281150
Asir
Operating Room
0172242880
0172243688
0172284692The Northern Borders
Operations Room
0146620638
Al-Qassim
The Operations Room
0163851965
Hail
Operations room
0165435723
Security patrols
0165433385
Consumer Financing Buyout
With reference to SAMA Circular No. 351000116619 dated 10/9/1435 H, which includes the first update of the Regulations for Consumer Financing and its Article 12.1, which states: " Creditors must quickly facilitate the transfer of balance(s) to other Creditors in the Consumer Financing accounts of their Borrowers. Creditors must not unreasonably withhold their consent to a balance transfer request they receive. Additionally, Article (12-2) states: "Creditors may not unreasonably withhold the issuance of a balance statement or certificate of outstanding liabilities requested by the Borrower; these must be issued within 7 Business Days from the date of request.
In view of the importance of regulating the processes of purchasing individual customers' consumer financing debts between banks (Consumer Financing Buyout) and in order to safeguard the rights of customers and banks, it is necessary for banks to comply with consumer financing regulations and adhere to the following instructions:
First: The bank purchasing the debt must prepare a specific form for the debt purchase request, ensuring it includes all necessary customer information, the date of the request, and all related documents, including (a letter of debt confirmation, a beneficiary acknowledgment letter, and the selling bank's approval of the debt transfer request). The form should clearly outline the obligations of both the customer and the bank.
Second: The Saudi system for rapid financial transfers, "SARIE," should be used for purchasing individual customers' debts instead of bank checks. The amounts for debt purchases should be directed through interbank payments with a special code, facilitating the completion of the purchase of existing debts.
Third: The bank payment issued by the purchasing bank for the debt must include the following details:
Customer's name.
National ID/Residence ID number.
Debt amount.
Purpose of the transfer.
Debt reference number.
Fourth: The bank purchasing the debt must provide the customer with the payment reference number (UTI) to facilitate the completion of procedures with the bank selling the debt. The selling bank must finalize the procedures, notify the customer and the purchasing bank of the customer's debt settlement, and issue a clearance letter to the customer within seven business days from the date of receiving the repayment amount for the existing financing. This must also be recorded in the customer’s credit report with the Saudi Credit Bureau (SIMAH).
Fifth: The purchasing bank is not permitted to allow the customer to use the remaining amount of financing until all necessary conditions have been met, the clearance letter from the selling bank has been received, and sufficient guarantees for the financing have been obtained (such as a salary assignment letter from the customer’s employer). The purchasing bank must explain this step to the customer before conducting the debt purchase process.
Sixth: Adhere to the early repayment standards outlined in the updated consumer financing regulations for contracts subject to these regulations.
Dealing with the Licensed Real Estate Brokers in Accordance with the Relevant Laws and Regulations
Based on the responsibilities and objectives assigned to SAMA, pursuant to its law issued by Royal Decree No. (M/36) dated 11/04/1442 H and the relevant regulations, including supporting the stability of the financial sector and enhancing trust in it. Referring to the Real Estate Brokerage Law issued by Royal Decree No. (M/130) on 30/11/1443 H, Paragraph (1) of Article Four states: "Engaging in real estate brokerage or providing real estate services shall not be permissible without obtaining a license from REGA.
Accordingly, SAMA emphasizes to the financial institutions under its supervision the importance of adhering to the provisions stipulated in the Real Estate Brokerage Law and refraining from dealing or contracting with any real estate broker who is not licensed by the General Authority for Real Estate in accordance with the relevant laws and regulations. Licensed brokers can be verified and inquired about through the official website of the General Authority for Real Estate.
Designation of a special email to receive SAMA decisions
This circular is currently available only in Arabic, please click here to read the Arabic version.Differences Between the English and Arabic Name in Iqamas
This section is currently available only in Arabic, please click here to read the Arabic version.Implementing Regulation to the CTF Law IRs CTF
No: 391000026744 Date(g): 22/11/2017 | Date(h): 4/3/1439 This regulation is currently available only in Arabic, please click here to read the Arabic version.Responding to the Requests of the General Secretariat of the Committees for Resolution of Banking and Financial Disputes and Violations
No: 42048729 Date(g): 24/2/2021 | Date(h): 13/7/1442 Status: In-Force Translated Document
Further to the instructions issued by the Saudi Central Bank's Circular No. (41/2307) dated 09/09/1439 H Including the affirmation of the importance of promptly responding to judicial authorities in cases filed before them and the commitment to replying to their requests within the specified statutory periods, as well as the commitment to receiving judicial judgments and decisions and working on their implementation as quickly as possible. Based on the tasks entrusted to the General Secretariat of the Committees for Banking and Financial Disputes and Violations according to the Rules of Procedure of the Banking Disputes Committee, the Appeal Committee for Banking Disputes and Violations, and the Rules of Procedure of the Committee for the Resolution of Financing Disputes and Violations, and the Appeal Committee for the Resolution of Financing Disputes and Violations, issued by Royal Order No. (713) dated 04/01/1438 H, which included the duty of the General Secretariat to prepare the cases.
And as the preparation of lawsuits aims to ensure that the parties of the case have submitted their defenses and reply memorandums, including supporting documents for their defense, before the first session is held. This allows the court to study them and form its conviction, positively impacting the consideration of cases and contributing to reducing the duration of litigation by enabling judicial panels to issue their decisions in a short period of time.
Accordingly, the Central Bank emphasizes to all banks and financing companies operating in the Kingdom the necessity to respond to requests from the General Secretariat for the preparation of claims and to adhere to the timeframes mentioned in the attached schedule. In the event of being unable to comply with the specified timeframes, an immediate response to the Secretariat is required to clarify the reason for the inability to meet the deadline, in addition to specifying the period within which the required information will be provided, which should not exceed 30 days from the date of the General Secretariat's request.
For your information and action effective immediately. Please be aware that the central bank will take the necessary regulatory measures in case of non-compliance.
Annex
The Type of Document Required
The Specified Time
Contracts and Agreements
Ten business days from the date of the request
which proves the tenant's trespass and negligence
Ten working days from the date of the request
Account Statements
Ten working days from the date of the request.
The evidence that demonstrates the tenant's benefit from the rented property
Ten business days from the date of the request
The document/proof that confirms the total loss of the rented vehicle
Ten business days from the date of the request
The records of increase for trust funds
Ten business days from the date of the request
The Authorized Signature Document for the Client
Ten business days from the date of the request
Call recording
Ten business days from the date of the request
visual representation
Ten business days from the date of the request.
Inventory Report
Ten working days from the date of the request
Journal Strip
Ten business days from the date of the request
Remittance documents
Ten business days from the date of the request
SWIFT messages
Ten business days from the date of the request
The documents verifying point of sale transactions
Ten business days from the date of the request
Cardholders' objections to transactions made on their credit cards
Ten working days from the date of the request.
Response from Credit Card Companies (Visa/Mastercard)
Ten working days from the date of the request
Proof of payment amounts to credit card companies
Ten business days from the date of the request.
What proves the customer's receipt of (the credit card / account statements / checkbook, etc.)
Ten business days from the date of the request.
Authorization Documents for Accounts
Ten working days from the date of the request
The document proving the representative's authority over the account
Seven business days from the date of the order.
A copy of the permanent order
Ten working days from the date of the request
Settlement
Seven working days from the date of the request
A copy of the check
Seven business days from the date of the request
Objection Form
Seven business days from the date of the request
A verdict issued in a previous lawsuit related to the subject of the current lawsuit
Seven business days from the date of the request.
Emails
Seven business days from the date of the request
The customer's acknowledgment on any subject
Seven business days from the date of the request.
What proves the request of the beneficiary parties to extend/confiscate the letters of guarantee
Seven business days from the date of the request
Approval of documents related to the letter of credit
Seven business days from the date of the order
The document that proves the payment of the Letter of Credit amounts to the beneficiary
Seven business days from the date of the request
The promissory note issued by the client
Seven working days from the date of the request
Sponsorship Documents
Seven business days from the date of the request
Mortgage documents
Seven business days from the date of the request.
Contact details for the customer's communication with the bank
Five business days from the date of the request
Identifying the disputed operations
Ten business days from the date of the request
The orders of seizure issued by the Saudi Central Bank
Seven business days from the date of the request
An agency contract authorizing the agent to plead
Three business days from the date of the request.
What proves the account status
Seven working days from the date of the request.
What proves the request to cancel the transfer (time and date)
Seven business days from the date of the request.
The Medical Questionnaire
Seven working days from the date of the request
The proof of the client concealing their health condition at the time of contracting
Ten business days from the date of the request
Different extracts from the bank systems
Ten business days from the date of the request
The assets challenged for forgery
Fifteen working days from the date of the request
POS Payment Service of GCC Net
Further to the instructions issued by SAMA under circular No. (41/46206) dated 20/10/1439H, and Circular No. (371000100598) dated 14/09/1437H, regarding the GCC POS Pricing Policy (GCC-NET) and its specific tariff, and in continuation of the ongoing efforts between banks and central banks in the Gulf Cooperation Council (GCC) countries aimed at integrating payment systems among the council countries, and referring to what was agreed upon in the periodic meetings of the governors of banks and central banks in the council countries to link the point-of-sale networks of the council countries with the GCC payment network. As this is an important aspect in the integration of payment systems among the council countries, it enhances and supports the joint cooperation between the GCC countries.
I inform you that it has been decided to activate the Point of Sale (POS) service for the Gulf Payments Network in the State of Qatar to accept POS transactions starting from 01/08/2022. Accordingly, banks are required to adhere to the following:
First: Take the necessary technical and operational measures to accept and process transactions on their systems and on their point-of-sale (POS) devices in order to complete purchase transactions via POS between the Kingdom and the State of Qatar.
Second: Take the necessary commercial measures with their customers holding Gulf Network cards and merchants accepting Gulf Network cards to ensure that transactions are processed in accordance with the approved pricing.
Third: Notify and educate customers holding Gulf Network cards that purchase transactions in the State of Qatar will be processed through the payment network of the National NAPS Network, which is connected to the Gulf Network.
Fourth: Process and accept all Gulf network transactions using cards bearing the Gulf Network logo, and also accept Gulf network cards on their point-of-sale devices.
For your information and to act accordingly starting from the activation date mentioned above.
Providing Customers with Channels for Communication with Financial Institutions
Based on the Banking Control Law issued by Royal Decree No. (M/5) dated 22/2/1386 H, the Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/8/1433 H, and the Cooperative Insurance Companies Control Law issued by Royal Decree No. (M/32) dated 2/6/1424 H, amended by Royal Decree No. (M/30) dated 27/5/1434 AH, as well as the Credit Information Law issued by Royal Decree No. (M/37) dated 5/7/1429 H, and in reference to SAMA's supervisory role over financial institutions under its oversight, and its continuous efforts to enhance financial inclusion and improve the level of services provided by financial institutions to their customers.
I would like to inform you that it has been decided that financial institutions must provide a toll-free number that allows customer segments to contact them from within the Kingdom using both landline and mobile phones, in addition to a phone number for contacting from outside the Kingdom (for banks and insurance companies only). This is for the purpose of submitting complaints, reports, and inquiries, alongside providing other communication channels and smart infrastructure for customers, such as online chat services or requesting a callback through the website. These numbers and services must be announced through all available channels – including but not limited to: (website, text messages, branches, social media) – with a requirement to provide us with the designated numbers and services within two months from this date.
According to Circular No. (67/68412) dated 14/11/1440 H, SAMA confirms that all operating banks in the Kingdom must be able to receive reports and observations regarding ATMs around the clock (24 hours) via the bank's toll-free number.
Readiness to Receive Requests for Installing Electronic Payment Methods for all Retail Sector Activities
Based on SAMA's strategy for payment systems and the Financial Sector Development Program aimed at promoting electronic payments and reducing cash transactions to achieve a target of 70% electronic payments by 2030, and as a continuation of SAMA's efforts to support the activation of electronic channels through the implementation of the Integrated Digital Payments Strategy to enhance the level of electronic services provided, and the efforts of the National Program for Combating Commercial Concealment by gradually mandating the retail sector to provide electronic payment methods.
The program, in cooperation with SAMA, the Ministry of Municipal and Rural Affairs, and the Ministry of Commerce, has mandated that all retail sector activities in the Kingdom - which were not previously obligated - provide electronic payment methods starting from 06/01/1442 H, corresponding to 25/08/2020 G. In order to ensure the success of the efforts to implement this decision and to ensure full readiness to meet the expected volume of demand, all banks and payment service providers must comply with the following:
- Readiness to respond to all requests for opening accounts and e-wallets for merchants operating in all retail sector activities.
- Readiness to respond to all requests for the installation of electronic payment methods authorized by SAMA, including (Mada point-of-sale devices and electronic wallets) through various communication channels such as the official website, the unified number, and others, and adherence to all regulatory and operational rules for these services.
- The commitment – when providing the means of payment – to use the specific Merchant Category Codes (MCC) accurately according to the nature of the business activity.
- Internal notification to branches, customer service, and relevant departments to inform them of the decision and its implications, and to ensure their understanding when receiving inquiries from the public.
Remote Work Initiative
Referring to the efforts of the Ministry of Human Resources and Social Development to provide new job opportunities for citizens and to organize the labor market, it has launched several initiatives, including the "Remote" Work initiative. Under this initiative, the contractual relationship for "Remote" workers is subject to the provisions of the labor law, ministerial decisions, and the approved internal regulations of the establishment, and mandatory registration in social insurance.
SAMA would like to stress to all financial institutions the importance of officially registering "Remote" workers working in customer service professions in official records, and the mandatory registration in social insurance or the documentation of remote employees' contracts through the electronic portal specified by the Ministry of Human Resources and Social Development at the provided web link including cases where the worker is contracted directly or through hiring the worker via an intermediary, contractor, or subcontractor to provide customer services 'remotely.'"
According to Circular No. (43008132) dated 25/1/1443 H, SAMA emphasizes that all financial institutions must comply with the instructions mentioned above, in addition to Decree No. (112203) issued by His Excellency the Minister of Human Resources and Social Development on 18/6/1442 H, which include decision to restrict "remote" work in customer service professions to Saudis.
Remuneration for Members of Boards of Directors of Financial Institutions
Referring to the authority of SAMA to issue instructions related to financial institutions and their operations in accordance with the provisions of its law issued by Royal Decree No. (M/36) dated 11/04/1442H and referring to the provisions related to the remuneration of board members included in The Companies Law issued by Royal Decree No. (M/132) dated 01/12/1443 H, and its implementing regulations issued by the Ministry of Commerce and the Capital Market Authority.
Accordingly, SAMA emphasizes that financial institutions under its supervision must adhere to the aforementioned provisions when determining and disbursing rewards the remuneration for the members of the Board of Directors and its committees, in addition to the following regulations:
Remunerations should align with the institution's long-term financial goals, comply with prevailing local customs, and be in line with the institution's financial risk policy.
The policy of "Board of Directors and its Committees' Remunerations" should set an upper limit for the remuneration.
Members of the Board of Directors are not allowed to vote on the "Board of Directors' remuneration" item in the General Assembly meeting.
To provide SAMA with a report on the "total remunerations of board members and its committees" at the end of March each year according to the form attached to this circular.
For your information and action accordingly, please update the policy on "Board of Directors and Committee Member Remunerations" in accordance with the provisions contained in these regulations within (90) days from its date. Please note that these instructions replace SAMA's instructions previously issued regarding the remuneration for chairs and members of boards of directors of local banks, insurance companies and reinsurance companies under Circular No. (381000063670) dated 14/06/1438 H. Additionally, an electronic copy of the Total Remunerations Report Template for the Board of Directors and its committees will be shared with you via email, along with the designated addresses for its regular receipt.
Report Funds Raising Cases Without Obtaining Official Approvals
Further to SAMA Circular No. MAT/25760 dated 26/12/1433 H, referring to Ministry of Interior Telegram No. 73142 dated 2/11/1432 H, which stipulates that all licensed banks in the Kingdom must abide by the previously issued instructions on monitoring abnormal or suspicious operations, including fund raising operations through bank accounts without obtaining prior approvals from the relevant official authorities, and the obligation to report such operations after studying them to the Financial Investigation Unit at the Ministry of Interior in accordance with Article 9 of the Anti-Money Laundering Law issued by Royal Decree No. M/31 dated 24/11/1433 H*, and not to seize these accounts until a directive is received from SAMA, and with reference to Ministry of Interior Telegram No. 25849 dated 18/4/1435H regarding the indicators reached by the working group formed by the Ministry and SAMA.
Accordingly, SAMA would like to emphasize what was stated in its above-mentioned circular. Examples of some of the suspicion indicators that can be used as a basis for monitoring operations related to collecting funds through bank accounts without obtaining prior approvals from the relevant official authorities are shown below, as follows:
1- Incoming deposits or transfers: a- It consists of individuals (male-female) with small amounts of money for the account, repeatedly, and from multiple locations. b- Foreign transfers of small and frequent amounts to countries experiencing political tension or natural disasters from a person's account to the accounts of individuals. 2- Specify the purpose of the deposits or transfers (building a mosque, digging a well, building a school, philanthropy, charity, or donations). 3- The existence of frequent transfers and deposits in a bank account corresponding to transactions between the account holder and a charitable organization or one of its employees. 4- Some accounts are linked to a number of satellite channels (which are interested in fundraising). 5- The bank has information that one of its customers is using social media to advertise that his account is accepting donations. Accordingly, it is required to operate in accordance with these indicators and include them among the indicators available at the bank or exchange institution. Additional indicators may be added to those mentioned above if deemed appropriate within your policies and regulatory programs.
We also emphasize that in the event of suspicion regarding such transactions, it is necessary to report to the Financial Investigation Unit at the Ministry of Interior, ensuring the report clearly indicates the suspicion's connection to fundraising activities conducted without the approval of the competent authorities. This will enable the unit to take the necessary actions.
We kindly request that you provide feedback on the measures taken in this regard within one month from the date of this notice.
*The Anti-Money Laundering Law issued by royal decree No. M/20 dated 5/2/1439 H has replaced the Anti-Money Laundering Law issued by Royal Decree No. M/31 dated 24/11/1433 H
Residency Holders with Citizenship Listed as Unknown
This section is currently available only in Arabic, please click here to read the Arabic version.Supplementary Circular on Providing SAMA with Quarterly Risk Report Audited Annual Financial Statements and Quarterly Financial Statements of Finance Companies
Referring to Circular No. 371000052766 dated 07/05/1437 H regarding providing SAMA with quarterly risk reports and audited annual and quarterly financial statements of finance companies.
We would like to inform you about the amendment to Paragraph Five of the above-mentioned circular, to be read as follows "The Quarterly report on risk management and the audited annual financial statements, along with the prudential data forms, must be sent electronically to the email address with a digitally signed copy on behalf of the company."
SAMA emphasizes the need to adhere to the amendment mentioned above, and to adopt electronic correspondence directly via email, and to stop providing SAMA with paper copies of the aforementioned reports.
Updating the Questionnaire on Combating Money Laundering and Terrorist Financing, and Providing Statistical Data to Banks and Exchange Companies
Reference to SAMA Circular No. 361000108225 dated 08/08/1436 H requesting financial institutions to fully comply with Financial Action Task Force (FATF) recommendations, in accordance with the risk-based approach (RBA) and to take preventive countermeasures adequately and in proportion to the degree of risk facing the financial institution and SAMA Circular No. 371000071970 dated 27/06/1437 H addressed to banks operating in the Kingdom and exchange companies, which includes filling out the questionnaire on combating money laundering and terrorist financing and completing statistical data of the activity of financial institutions.
I inform you that SAMA has updated the items of the questionnaire in the field of combating money laundering and terrorist financing, and made some amendments to the statistical data of banks operating in the Kingdom and exchange offices, and that banks and exchange companies must submit these data for the period from the beginning of April until the end of September and submit the data to SAMA by October 25.
We hope to commit to submitting the data within the period specified above. SAMA shall be provided with a copy after approval by the specialists in the bank or exchange company, and submit an electronic copy of the questionnaire on a (WORD) file and an electronic copy of the statistical data on the (EXCEL) file, and communicate with SAMA to obtain an updated electronic copy of the required files.
Approval of off-Plan Sales licenses issued by the ECZA - Economic Cities and Special Zones Authority
Starting from the supervisory and regulatory role of SAMA over banks and finance companies, and based on Royal Order No. (A/19) dated 10/03/1431H which stipulates the Statute of the Economic Cities and Special Zones Authority, and to Article (3) as amended by Royal Order No. (A/240), dated 01/04/1441 H, which included that the Authority for Economic Cities and Special Zones shall be responsible for issuing licenses for various commercial and industrial activities within the Economic Cities and Special Zones under the authority's jurisdiction.
Therefore, SAMA emphasizes that all banks and finance companies must rely on off-plan sales licenses issued by the Economic Cities and Special Zones Authority, which are listed on the platforms of the Ministry of Municipal and Rural Affairs and Housing (Sakani Program), in order to provide credit facilities for the purchase of real estate products associated with economic city developers and within their special economic zones.
The Principles of Conduct and Work Ethics in Financial Institutions
Further to SAMA's circular No. (72203/67), dated 4/12/1440H, regarding the principles of conduct and work ethics in financial institutions aimed at promoting workplace discipline, integrity, transparency, objectivity, competence, loyalty, and efficiency in the behavior of financial institution employees while performing their duties and job responsibilities.
I inform you that it has been decided to include money exchange companies and institutions operating in the Kingdom within the scope of the definition of financial institutions as stated in the principles of conduct and work ethics in financial institutions.
For your information and action accordingly with these principles.
Creation of a Position with Responsibilities to Combat Commercial Concealment, Analyze, and Report Suspected Cases Related to This Activity
Based on the supervisory and regulatory role of SAMA, and its commitment to protect the financial sector and its reputation from being misused in money laundering operations, terrorist financing, or related predicate offenses, including commercial concealment crime, and pursuant to the powers vested in SAMA under the Article 24 of the Anti-Money Laundering Law issued by the Royal Decree No. (M/20) dated 05/02/1439 H and Article 82 of the Law on Combating the Financing of Terrorism issued by Royal Decree No. (M/21) on 12/2/1439 H. and the royal directive issued in August 2020 to establish a ministerial committee to oversee the National Program for Combating Commercial Concealment.
I inform you that it has been decided to create a specialized position for combating commercial concealment crime, reporting to the Director of Anti-Money Laundering and Counter-Terrorist Financing. This position will be responsible for analyzing and reporting suspected cases of commercial concealment, taking into consideration the following:
1- Supporting the function of combating commercial concealment with all necessary resources (human, financial, technical, logistical) to effectively carry out its duties.
2- The position of combating commercial concealment should be undertaken by individuals with experience and competence in the fields of commercial concealment, anti-money laundering, and counter-terrorism financing.
3- Establishing the necessary policies and procedures to combat commercial concealment and the related reporting processes, to include the following:
a. Development of technical systems to include the detection of suspected commercial concealment crimes.
b. Creating and developing scenarios for account monitoring to include commercial concealment.
c. Including training and awareness materials related to detecting commercial concealment and training bank employees on them.
d. Evaluating the products, services, and channels that could be exploited for commercial concealment activities.
e. Issuing and monitoring internal control reports related to commercial concealment crimes.
f. Working on creating secure communication channels between the bank and the General Department of Financial Intelligence under the Presidency of State Security to assist in surveillance, monitoring, and reporting of suspicious transactions related to commercial concealment.
For your information, and to act accordingly before the end of the second quarter of this year (2021), and to provide the Anti-Money Laundering and Counter-Terrorist Financing Department with the policies and procedures that have been adopted in this regard, via email.
According to Circular No. (42080532) dated 18/11/1442H, SAMA emphasizes the importance of developing technology for banks and payment companies in order to support the detection of commercial concealment activities, in line with all indicators of of suspicious commercial concealment activities.
Professional Certificates of Financial Institution Employees
Further to Circular No. 361000006226 dated 11/01/1436 H and Circular No. 351000070134 dated 01/06/1435H regarding the mandatory requirement to obtain the retail banking professional certificate . This is for employees who interact directly or indirectly with customers.
I would like to inform you that SAMA has updated the professional examinations for both the Certificate of Basics of Retail Banking and the Credit Advisor Certificate – Level One, along with their respective training materials, to comply with the related regulations and instructions issued by SAMA. In addition, a professional certification for foreign exchange and remittance and its respective training material have been newly established.
Accordingly, SAMA emphasizes the obligation for bank and financial transfer center employees, as well as employees of financing companies, companies registering finance lease contracts, and exchange institutions and companies, to obtain the professional certificate for the basics of retail banking, the professional certificate for credit advisors – level one, and the professional certificate for currency exchange and transfer. This requirement applies even to employees who have previously obtained any of these certificates in their earlier editions, according to the following details:
• Employees required to obtain the professional certification in Fundamentals of Retail Banking and the professional certification for Credit Advisor – Level 1:
- Frontline employees at banks , including but not limited to: branch employees and managers, sales employees, and call center staff. This also includes employees contracted through a third party.
- Customer care management employees at banks.
The employees required to obtain the professional certification for Credit Advisor - Level One:
Frontline employees at finance companies and financial lease contract registration companies, including but not limited to: branch employees and managers, sales employees, and call center employees. This also includes employees contracted through a third party.
- Customer care management staff at finance companies.
• Employees required to obtain the professional certificate in banking and transfer:
Frontline employees at bank-affiliated remittance centers, including but not limited to: branch employees and managers, sales staff, and call center employees. This also includes employees contracted through a third party.
- All employees of exchange institutions and companies. This includes employees contracted through a third party.
SAMA emphasizes the requirement to obtain the aforementioned professional certifications within a maximum period of two years from this date, with a minimum of 25% of employees every six months. To view the training materials related to the above professional certifications, you can visit the website of the following Financial Academy.
According to SAMA Circular No. (44029338) dated 06/04/1444H regarding ensuring continuous fulfilment of the professional certification requirement, and referring to circular number (43007566) dated 24/01/1443H concerning the update of the target category for the credit advisor certification.
SAMA emphasizes to banks, their affiliated remittance centers, finance companies, and exchange centers the importance of continuing to meet the requirement of obtaining professional certifications, according to the following details:
- Employees required to obtain the professional certification for the fundamentals of personal banking.
Front-line employees in banks who interact directly with customers (customer care management staff, call center employees, branch staff and their managers), including those contracted through a third party.
- Employees required to obtain the professional certification for a credit advisor:
Employees of banks, and finance companies - including individuals contracted through a third party - who are directly involved in granting credit to individuals, as well as branch managers. This excludes companies that register financial lease contracts, the Saudi Real Estate Refinance Company, and companies involved in supporting activities.
- The employees required to obtain the professional certification for banking and money transfer:
Frontline employees at bank and its affiliated remittance centers and exchange centers, including those contracted through a third party.
For your reference and necessary action effective from this date, the certificate must be obtained within one year from the date of employment, with a commitment rate of no less than 90% for employees concerned with the certificate.
Assigning Debt Collection Operations of Banks and Finance Companies to Debt Collection Entities Licensed by SAMA
Based on the powers vested to SAMA pursuant to The Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386H, The Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/08/1433H and The Implementing Regulations issued by the decision of His Excellency the Governor No. (2/MFC) dated 14/04/1434H, and based on the supervisory and regulatory role of SAMA over banks, finance companies, and debt collection entities, and in order to achieve stability in the sector and protect the rights of its participants;
We hereby inform you that it has been decided to restrict the assignment of debt collection operations for banks and finance companies to debt collection entities licensed by SAMA. You can refer to SAMA's website to find the licensed debt collection entities.
For your information and to act accordingly as of 01/01/2024. *
* The deadline for banks and finance companies to contract with debt collection entities that have obtained the initial approval of SAMA to engage in debt collection activities for finance entities has been extended until the end of June 2024G, according to SAMA Circular No. (45029088) dated 01/05/1445H, and then until the end of September 2024, according to Circular No. (45077226) dated 26/12/1445H.
Residence and Work Addresses
In reference to the approval of His Royal Highness on Council of Ministers Resolution No. 252 dated 24/07/1434 H regarding the arrangements for activating the articles related to residence or work addresses mentioned in the Civil Status Law, the Commercial Register Law, and the Residency Law, which included the following:
The public place of residence shall be the address of a natural person, a legal person, an individual institution, a public entity, or others, unless he chooses an address for the private place of residence to receive notices, notifications, and the like. The address of the public or private place of residence - as the case may be - prepared by the Saudi Post Corporation shall be considered an approved address that entails all legal effects.
All those included in Paragraph (1) of this Resolution shall register their address data with the Civil Status Department or the Saudi Postal Corporation, and they shall also update that data if any change occurs to it, within a maximum period of sixty days from the change.
The penalties stipulated in the Civil Status Law, the Residency Law, or the Commercial Register Law, as the case may be, shall be applied to anyone who violates the provisions referred to in the two paragraphs above. This application shall take place five years after the date of its entry into force.
All entities subject to SAMA supervision and control shall take appropriate measures to oblige the beneficiaries of its services to provide address data, update the same, and link those services thereto.
Pursuant to Circular No. 371000068810 dated 19/06/1437H, SAMA confirms the necessity of linking the provision of various services to customers, including, but not limited to: Opening and updating bank accounts, issuing an insurance policy, and offering financing products, by submitting the approved address data prepared by the Saudi Post Corporation (national address), and verifying the readiness of automated systems to ensure the implementation of instructions before the end of 2016 G, and announcing this to customers through all possible channels, including, but not limited to: The website, text messages, and e-mail, and urging customers to register their addresses (national address) with the Saudi Postal Corporation through the website (sp.gov.sa), noting that the validity of any address provided can be verified by contacting the Saudi Postal Corporation.
Credit information companies shall also obtain from all their members the approved address information prepared by the Saudi Post Corporation (national address) for all consumers, in accordance with Circular No. 342880/67 dated 0/07/1440H.
Emphasis on Compliance with Customer Personal Data Protection Instructions
Based on the powers vested in SAMA under the relevant laws and regulations, and with reference to SAMA Circular No. (43045328) dated 19/5/1443 H regarding the Adherence to the Personal Data Protection Law and Data Governance Policies, Regulations and Rules, and given the observation of certain practices that require individual customers to disclose some of their personal data before providing the service or product, whether directly or through a third party, without necessity.
Therefore, SAMA emphasizes to all financial institutions the strict compliance with the protection of customers' personal data in accordance with the regulations and instructions issued by the Saudi Data and Artificial Intelligence Authority and the National Data Management Office, and what is issued by SAMA in this regard. Financial institutions should review their current procedures related to the practices of disclosing customers' personal data and take necessary measures to protect it. They must establish the necessary procedures and controls to ensure its security and integrity and its use for the purposes for which it was collected. Financial institutions are required to provide SAMA with a report outlining the measures taken in this regard by no later than 31/12/2022 via email.
For your information and to act accordingly as of this date.
Biometric Authentication for Remote Customer Relationship Initiation/Establishment
Further to SAMA's instructions related to identification and verification of individual customers' identity using documents, data, or information from a reliable and independent source at the initiation/establishment of the relationship "remotely", and stemming from SAMA's commitment to enhancing the quality of practices and procedures followed by the financial institutions under its supervision and mitigating risks.
Accordingly, and based on the development conducted by the relevant authorities to enhance the verification mechanism for users of the (Nafath) application through Biometric Authentication, I inform you that financial institutions are required to adopt this feature when initiating/establishing a relationship "remotely", with a high level of verification or above. Additionally, financial institutions are required to complete the integration procedures with the approved service provider before 31/01/2023. They should inform SAMA and contact it in the event of any challenges or inquiries regarding this matter before the specified date via the email address.
For your information and to act accordingly, effective from this date.
SAMA emphasizes the obligation to refrain from initiating any "remote" relationships through various channels without using biometric authentication with a high level of verification or higher. Please note that SAMA will take regulatory actions in case of non-compliance.
Provision of Finance Awareness Programs for SMEs
Based on the main objectives of the Financial Sector Development Program- which is one of the programs of Saudi Vision 2030- regarding empowering financial institutions to support the growth of the private sector, enabling financial planning, and enhancing financial literacy, and in line with the objectives aimed at supporting the small and medium enterprises (SMEs) sector to become one of the key sectors supporting the prosperity of the Kingdom's economy, and due to the importance of providing financial awareness to SMEs to ensure their ability to properly handle financial products.
Accordingly, SAMA urges all finance entities to develop periodic financial awareness programs tailored for small and medium enterprises, in a way that aligns with the specific client segment of the finance entity and addresses the current or potential awareness gaps as identified by the finance entity. Additionally, it encourages the use of various awareness channels to ensure these programs effectively reach the targeted enterprises. Finance entities are also requested to submit a quarterly report to SAMA detailing their contributions in this regard, via the designated email address.
Obtaining an ID for Legal Entities from Approved Operating Units
Further to SAMA's instructions communicated by Circular No. 46076/41 dated 19/10/1439 H, which includes A legal Entity Identifier Should Be Obtained from the Approved Local Operating Units.
Given the importance of the LEI to contribute to maintaining financial stability, assessing risks and monitoring dealers in the financial sector, SAMA emphasizes on the following:
- All financial institutions supervised by SAMA and their affiliates must obtain an LEI from an operating unit accredited by the Legal Entity Identifier International Foundation (GLEIF).
- Branches of foreign financial institutions operating in the Kingdom and subject to SAMA supervision must obtain an identifier independent from the head office.
For your information and action accordingly, and to provide SAMA with proof of completion of this matter no later than one month from the date hereof for financial institutions that have not previously notified SAMA thereof."
Emphasize the Retention of Customer ID Copies
With reference to Article (7) of the Anti-Money Laundering Law issued by Royal Decree No. (M/20) dated 5/2/1439H, which stipulates that: "FIs and DNFBPs shall: 1-Apply due diligence measures to their customers and the Implementing Regulation shall set forth the instances in which such measures shall be taken and the types of measures to be taken.," and further to paragraph (2) of Article (12) of the same law, which stipulates that: "FIs and DNFBPs shall keep all records obtained through due diligence measures, account files and business correspondences and copies of personal identification documents, including the results of any analysis undertaken, for at least ten years after the business relationship has ended or a transaction was carried out for a customer is not in an established business relationship."
SAMA emphasizes the necessity of obtaining a copy of the personal identity documents only once, either at the time of establishing a membership relationship with the customer or when updating the customer's information.
Obtaining the National Address (Residence and Work Address) of Consumers
Referring to Circular No. 371000068810 dated 19/6/1437H supplementary to its Circular No. 351000101674 dated 6/8/1435H, based on the decision of the Council of Ministers No. (252) dated 24/7/1434H regarding the arrangements for activating the provisions related to residence and work addresses (the national address) prepared by the Saudi Postal Corporation, and as outlined in the supplementary SAMA circular mentioned above and what was included in Article 16 of the Implementing Regulations of the Credit Information Law stipulates that the consumer credit record , whether an individual or an entity, shall include their address.
I inform you that credit information companies must obtain from all their members the address data approved by the Saudi Postal Corporation (National Address) for all consumers.
To act accordingly, and provide SAMA with the detailed plan for these instructions no later than the end of March 2019.
Obtaining SHARI’A Committee Approval of Credit-Related Policies for Shariah Compliant Products
Based on the authority vested in SAMA under its Saudi Central Bank Law issued by Royal Decree No. M/36 dated 11/04/1442 H, and The Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386 H and SAMA Circular No. 41042498 dated 18/06/1441 H the amount under it is the Shariah governance framework for local banks operating in the kingdom and Circular No. 43038156 dated 27/04/1443 H the notified amount constitutes the risk management framework for shariah compliant banking which represents the first phase of establishing a supervisory framework for banks and practicing Islamic banking.
Therefore, SAMA emphasizes that banks offering Shariah-compliant credit products, must obtain approval from the Shariah committee within the bank for all credit-related policies and procedures which includes all steps from granting credit to the termination of the credit relationship, as well as procedures for early repayment and restructuring/rescheduling, before obtaining approval from the bank's board of directors or their authorized representatives, as applicable.
SAMA also emphasizes the necessity of complying with all regulatory requirements for banks that engage in Islamic banking activities, in addition to other regulatory requirements issued by SAMA.
For your information and action as of June 1, 2022.
Emphasis on Implementing the Provisions of the Civil Defense Law and the Requirements of the Saudi Building Code, Especially Concerning Fire Protection Procedures and Preventive Measures
In Reference to the Civil Defense Law issued by Royal Decree No. (M/10) dated 10/05/1406H, as amended by Royal Decree No. (M/63) dated 13/09/1436H, and regulations issued in implementation thereof, concerning the necessary procedures and measures to provide the requirements and conditions for fire prevention and protection in all buildings and establishments. Additionally, reference to the law on implementation of the Saudi Building Code, issued by Royal Decree No. (M/43) dated 26/04/1438H, as amended by Royal Decree No. (M/15) dated 19/01/1441H, and the regulations issued in implementation thereof, as well as the Security and Safety Guide in the Financial Sector issued by SAMA.
In order to achieve the highest safety standards in buildings and establishments, SAMA emphasizes to all financial institutions under its supervision the importance of reviewing the Civil Defense Law and its implementing regulations, the law on implementation of the Saudi Building Code and its implementing regulations, and ensuring the application of the provisions outlined therein. This is especially concerning fire protection procedures and preventive measures. Additionally, the following actions should be taken:
- Restricting financial institutions to contracting with accredited engineering consulting offices in the field of fire prevention and protection, as published on the General Directorate of Civil Defense website (www.998.gov.sa), to conduct inspections of buildings to ensure compliance with the requirements of the Saudi Building Code, implement safety systems in the buildings, and address any observations, if found.
- Verifying the activation of the safety specialist's role within the establishment, as well as the activation of the safety register, in which all monthly inspections, periodic tests, and maintenance of safety devices and fire-fighting equipment are recorded.
- Activating the emergency plans and training for the self-defense teams, and identifying potential risks, under the supervision of the Security and Safety Department in the financial institution.
- Verifying the issuance of the electronic Civil Defense license.
For your information and action accordingly, and to provide SAMA with a compliance certificate and completion of work according to the requirements of the Saudi Building Code (801-SBC) and the Civil Defense license, in addition to the action plan to comply with the above, to be sent to the email (BankingSafetySecurity@SAMA.GOV.SA).
- Restricting financial institutions to contracting with accredited engineering consulting offices in the field of fire prevention and protection, as published on the General Directorate of Civil Defense website (www.998.gov.sa), to conduct inspections of buildings to ensure compliance with the requirements of the Saudi Building Code, implement safety systems in the buildings, and address any observations, if found.
A legal Entity Identifier Should Be Obtained from the Approved Local Operating Units
Referring to the approval of the Group of Twenty (G20) countries - of which KSA is a member - of the Legal Entity Identifier (LEI) system in July 2012 G, in order to enable regulatory and supervisory authorities to assess potential risks, maintain financial stability, and monitor dealers in the financial markets, and provide accurate and periodically updated financial information. This system aims to provide new mechanisms through which financial sector institutions can systematically and effectively identify risks, and provide operational regulatory requirements to ensure the stability and efficiency of the financial sector. Global legislative bodies have concluded the importance of providing special identifiers for every business entity around the world and exchanging them transparently. In the first half of this year, SAMA hosted committees and work teams of the Global LEI system, and held a workshop to explain the project in the presence of representatives of banks, insurance and reinsurance companies, and financing companies.
The LEI system is an approved international system that includes a global standard numbering (ISO 17442) for legal entities (companies and institutions), so that each legal entity is identified with a special code consisting of 20 characters. Through this identifier, basic information about the entity appears, such as the official name, address of the headquarters, the legal form of the entity, and the relationships of subsidiaries with the parent company.
To operate the project, the Central Registration Unit (GLEIF) adopted international standards for the LEI system and qualified and certified the local operating units (LOU) for the project according to approved and unified technical and legal requirements. Most supervisory and regulatory authorities around the world have realized the urgent need to approve the LEI system. There are also thirty-two accredited local operating units linked to the Global Legal Entity Identifier Foundation (GLEIF), including an accredited Saudi unit affiliated with the Saudi Credit Bureau (SIMAH) under the name of the (Identifier) unit.
Accordingly, banks, insurance and reinsurance companies, and financing companies operating in KSA (and their subsidiaries) are required to obtain an LEI from one of the local operating units approved by GLEIF as of 01/08/2018 G, provide SAMA with this LEI, and circulate to their financial group the importance of registration for international purposes.
Pursuant to Circular No. (19636/67) dated 23/03/1441 H, and given the importance of the LEI contributing to maintaining financial stability, assessing risks, and monitoring customers in the financial sector, SAMA emphasizes the following:
- All financial institutions subject to SAMA supervision, along with the affiliates of these institutions, shall obtain a Legal Entity Identifier (LEI) from an operating unit approved by GLEIF.
- Branches of foreign financial institutions operating in Saudi Arabia and subject to the supervision of SAMA shall obtain an identifier independent of the main office.
Pursuant to Circular No. (43029603) dated 04/04/1443 H, and in an effort by SAMA to support the establishment of a unified system that serves the Kingdom in applying best practices for risk management and financial stability and enhancing transparency in financial markets in line with the objectives of the Kingdom’s Vision 2030, and in a way that contributes to implementing the Kingdom’s international obligations arising from its membership in the G20, and strengthening the Kingdom’s international standing, and to facilitate the implementation of Legal Entity Identifier (LEI) issuance and renewal services, to enable financial sector institutions to identify and evaluate potential risks in a systematic and effective manner that contributes to the stability and efficiency of the financial sector. Accordingly, the following was resolved:
- The Legal Entity Identifier shall be valid and up-to-date for financial institutions subject to the supervision of SAMA, establishments affiliated with financial institutions, and branches of foreign financial institutions operating in KSA, referred to in SAMA Circular No. (19636/67) dated 23/03/1441 H.
- Financial institutions shall be allowed to sign an agreement of issuing, updating and renewing LEI through a financial institution” (Marafiq) with the Saudi Credit Bureau (SIMAH) as the authorized local operator of LEI (local operating unit) to enable financial institutions themselves to issue, update and renew LEI on behalf of business sector clients (current and/or potential) pursuant to the provisions of the agreement approved by SAMA.
SAMA urges financial institutions - as the case may be - that policies and procedures should include a legal entity identifier for all business sector customers before granting credit, that the identifier be valid and updated throughout the existence of the relationship, and that obtaining it should be a supportive tool for identifying the customer and the risks associated with his transactions.
Residency Permits Issued by the "Ministry Portal" or Similar Phrases Indicating Issuance
In reference to SAMA receiving inquiries from some banks operating in the Kingdom regarding a number of their non-Saudi customers requesting to open accounts or continue dealing with them under residency cards, some of which - for example - have the phrase (Ministry Portal, Security Procedures Department, or Civil Status Office in Jurushi Mall) and other phrases indicating the electronic place of issuance written in the place of issuance field, and the name of the city from which the residency was issued does not appear in the place of issuance field as is customary. Banks request guidance regarding the acceptance of these residencies in banking transactions or not.
I would like to inform you that SAMA has received a letter from His Excellency the Director General of Passports No. 89518 dated 11/27/1434 H, which includes the commencement of the Passports Departments to provide their electronic services, including issuing and renewing residencies that have the phrase (Ministry Portal) appearing in the place of issuance field, and that Passports has noticed during the past period that some banks do not allow their services to holders of such residencies. His Excellency requests that banks be informed not to return customers holding such residencies and to allow the provision of the necessary services to them under them until further notice.
Based on the above, we hope to accept residencies that state in the field of place of issuance the phrase (Ministry Portal or Security Procedures Department) and other similar phrases that indicate that the place of issuance is primarily the Ministry of Interior and not to ask their holders to visit passport offices to correct them when opening or continuing to deal with non-Saudi accounts until further notice is sent to the banks through SAMA.
For information and to inform all departments and branches to act accordingly.
Residency Permits with Foreigner Nationality Field and a Saudi passport
This section is currently available only in Arabic, please click here to read the Arabic version.Replacement of Lost Title Deeds of Real Estates
Referring to SAMA's letter No. 9333/BCP/2322 dated 26/7/1416H and the supplementary circular No. 1512/BCL/19 dated 19/1/1423H regarding inquiries about mortgaged instruments with banks.
We would like to inform you that, in order for SAMA to speed up the completion of citizens' transactions and raise the level of service, it has been decided to reduce the period required by banks to respond to inquiries regarding mortgaged instruments from ten working days to five working days, starting from the beginning of the month of Rajab of this year.
Promoting Use of Legal Entity Identifier and Facilitating Obtaining it through Financial Institutions
In reference to the powers vested to the Central Bank for supervising and monitoring financial institutions based on the provisions of its Law issued by Royal Decree No. (M/36) dated 11/04/1442 H, and based on the provisions of relevant laws and regulations, and in reference to Circular issued by the Central Bank No. (67/19636) dated 23/3/1441 H, which stipulates that all financial institutions and their affiliated establishments, as well as branches of foreign financial institutions operating in the Kingdom under the supervision of the central bank, must obtain a Legal Entity Identifier.
In an effort by the central bank to support the establishment of a unified system that serves the Kingdom in implementing best practices for risk management and financial stability and enhancing transparency in financial markets, in line with the objectives Vision 2030 of the Kingdom, And in a manner that contributes to the fulfillment of the Kingdom’s international commitments arising from its membership in the G20, and enhancing the Kingdom’s international standing, and from the standpoint of facilitating the implementation of services for issuing and renewing the Legal Entity Identifier (LEI) to enable financial sector institutions to systematically and effectively identify and assess potential risks, contributing to the stability and efficiency of the financial sector, it has been decided as follows:
- The Legal Entity Identifier must be valid and up to date for financial institutions under the supervision of the Central Bank, establishments affiliated with financial institutions, and branches of foreign financial institutions operating in the Kingdom, as referred to in Circular of the Central Bank No. (67/19636) dated 23/03/1441 H.
- Allowing financial institutions to sign an agreement "Issuing, updating, and renewing a Legal Entity Identifier through a financial institution" with the Saudi Credit Bureau "SIMAH" as the certified local operator for the Legal Entity Identifier (Local Operating Unit); enabling financial institutions themselves to issue, update, and renew Legal Entity Identifiers on behalf of their business sector customers (current and/or potential) in accordance with the terms of the agreement approved by the central bank.
The central bank urges financial institutions – as appropriate – to ensure that their policies and procedures include the requirement for a Legal Entity Identifier (LEI) for all business sector customers before granting credit. Additionally, it should be valid and updated throughout the duration of the relationship and obtaining it should serve as a supportive tool for identifying the customer and the risks associated with their transactions.
For your information and action starting from this date. In case of any inquiries in this regard, you can contact the Central Bank: (SLEI@SAMA.GOV.SA)
Emphasis on Providing Communication Channels for Customers with Financial Institutions
In reference to the communication received by SAMA from the Communications and Information Technology Commission regarding the request to replace the unified number (9200) for all financial institutions' customer service with the toll-free unified number (800), and further to SAMA Circular No. 67/48007, dated 2/8/1440H regarding providing customers with channels for communication with financial institutions.
SAMA would like to emphasize that all financial institutions must comply with the instructions outlined in this regard and ensure the availability of the toll-free unified number (800) for all customer segments.
Approving the Requirement for Lawyers to Obtain the Unified Identity Number for Non-Governmental Establishments Beginning with Number (7), through the Establishment's Legal Registry
Referring to the telegram of His Excellency the Minister of Justice, Chairman of the Board of Directors of the Saudi Bar Association, No. (421413698) dated 26/07/1442 H, referring to the Ministry’s circular No. (13/T/8407), dated 29/06/1442 H, which is based on the Council of Ministers' decision No. (225) dated 06/05/1439 H. This includes that the Ministry’s circular stipulated that lawyers should update their information according to the unified national establishment number starting with the number (7). His Excellency desires to direct the financial institutions supervised by SAMA to require lawyers to obtain the national establishment number through the legal establishment register. And referring to Instructions of SAMA No. (42017708) dated 18/03/1442 H regarding Instructions to Replace the Unified Number Starting with (7) Issued by the National Information Center with the Commercial Register Number for Non-Governmental Establishments.
Hope your awareness and compliance with the requirement for lawyers to obtain the unified national establishment number starting with the number (7) through the legal establishment register.
Cancelling the Use of the Indicator of an Expatriate Worker Withdrawing or Depositing a Check or Receiving a Transfer from an entity other than their Employer
Further to the instructions issued by SAMA, as communicated in Circular No. (42080532) dated 18/11/1442 H, Regarding the addition of "the expatriate worker withdrawing or depositing a cheque drawn on an entity other than their employer, or receiving a money transfer from an entity other than their employer" as an index of suspicious commercial concealment that must be reported to the Financial Intelligence Unit.
We inform you that it has been decided to terminate the use of the aforementioned index as one of the indicators of suspicious commercial concealment activities.
For your information and compliance effective from this date.
Consideration of Loans Granted by the National Development Fund’s Development Funds and Banks
Referring to Responsible Lending Principles for Individual Customers under Circular No. (99/46538) issued by SAMA dated 02/09/1439 H which is stipulated in paragraph number (13), mandates that financing entities must include loans provided by government entities within the monthly obligations of customers and take them into consideration in the debt-to-income ratios.
Accordingly, SAMA emphasizes to all banks and finance companies taking into accounts the loans granted by the development funds and banks affiliated with the National Development Fund for individual customers. This should be done by referring to reports issued by accredited credit information companies, the deductions by the development funds and banks affiliated with the National Development Fund should be included within the monthly liability ratios for customers wishing to obtain any financing products.
Prohibiting the Use of the SAMA Logo on Publications of Financial Institutions
Based on the powers vested to SAMA under its supervisory and regulatory authority derived from relevant regulations and rules, and in light of recent observations regarding the use of SAMA's logo by some entities on their printed materials and publications without obtaining prior approval, which could damage the reputation of SAMA or use the logo for commercial purposes, or to mislead customers.
Accordingly, SAMA emphasizes to all entities under its supervision and regulation (banks, insurance companies, financing companies, credit information companies, insurance-related professional firms, and exchange companies/institutions) that they may not use SAMA's logo on their printed materials and publications except in cases where it's permitted. All entities must ensure that all their branches comply with the contents of this circular. SAMA will take appropriate measures against any violating entity in accordance with the relevant regulations.
Obligations of Real Estate Appraisal Customers Supervised by SAMA
Based on the powers granted to SAMA under the provisions of the Banking Control Law issued by the Royal Decree No. M/5 dated 22/2/1386H, and Cooperative insurance companies control law under Royal Decree No. M/32 dated 6/2/1424H, and The finance companies control law under the Royal Decree No. M/51 dated 13/8/1433H, and in reference to the Accredited Valuers Law issued by Royal Decree No. M/43 dated 9/7/1433H and its Implementing regulations—Real Estate Branch—issued by the Minister of Commerce and Industry Decision No. 531 dated 3/6/1435H*, and considering that banks, real estate finance companies, and insurance companies operating in the Kingdom and licensed by SAMA to engage in real estate financing or insurance are considered customers of real estate appraisal.
Accordingly, SAMA emphasizes that banks, finance companies, and insurance companies must adhere to the following:
1. Banks, finance companies, and insurance companies must engage with certified real estate appraisers who hold a valid license to practice appraisal.**
2. Banks, finance companies, and insurance companies must govern the appraisal process by establishing mechanisms and guarantees to separate the financing or insurance procedures and the staff involved in granting or issuing from the appraisal process, starting from the selection of appraisers to the receipt of reports, including the following:
- Establish a written internal policy for selecting accredited real estate appraisers whose services will be utilized.
- Ensure that employees responsible for granting financing or insurance are not allowed to make any substantial contact with the appraiser, appraisal company, or the company managing the appraisal, which could affect or influence the appraisal or the information provided about the asset being appraised. This is to ensure complete independence of the appraisal work and to guarantee the absence of any conflict of interest or increased risk
3. Banks, finance companies, and insurance companies involved in the appraisal process, as well as their representatives, agents, financiers, insurance applicants, or any other third parties, or partners acting on behalf of the financier or insurance company, must refrain from influencing or attempting to influence the drafting, revision, or review of reports and results through coercion, collusion, inducement, intimidation, or any other way, including but not limited to the following examples:
A. Refraining from or threatening to refrain from paying appraisal report preparation fees on time, or from providing future business to the appraiser, or threatening to exercise authority to demote or dismiss the appraiser or threatening to add the appraiser to a list of appraisers excluded by the bank, finance company, or insurance company.
B. Explicitly or implicitly promising continued contracting or using authority to assist the appraiser in obtaining promotions, financial or non-financial compensation, with the aim of influencing the appraiser or the appraisal company to achieve the desired initial valuation result.
C. Requesting the appraiser or appraisal company to provide a predetermined report or demanding a specific value during the preparation of the appraisal report or asking for estimated values or comparable sales at any time before the appraiser completes the appraisal report.
D. Providing the appraiser with the expected, estimated, encouraged, or required value of the property being appraised, or the proposed amount, or the amount intended to be financed for the beneficiary.
E. Any action or practice that conflicts with the appraiser's independence and impartiality, or any violation of the Accredited Valuers Law or its Implementing regulations (Real Estate Appraisal Branch)*
F. Failing to provide a sufficient timeframe by the bank, finance company, or insurance company for completing the property appraisal, such that it aligns with the scope of work required according to international appraisal standards and requirements, without compromising the quality and accuracy of the results.
4. Banks, finance companies, and insurance companies must provide sufficient information and documentation about the asset being appraised.
5. Banks, finance companies, and insurance companies must refrain from requiring the appraiser to use specific appraisal methods.
6. Banks, finance companies, and insurance companies must refrain from requesting a bank guarantee letter for amounts exceeding the scope of work assigned to the appraiser.
7. Banks, finance companies, and insurance companies must establish procedures and conditions for accepting properties eligible for financing or insurance. These should include a mechanism for verifying ownership and ensuring the structural integrity of the building, with the bank, finance company, and insurance company bearing full responsibility and costs.
8. Banks, finance companies, and insurance companies must not tie appraisal fees to the scope or quantity of work when contracting with the appraiser. This ensures the independence and impartiality of the appraiser, the appraisal company, or the company managing the appraisal.
9. Insurance companies must refrain from issuing a professional liability insurance policy to the same real estate appraiser they are dealing with for the appraisal of any real estate asset during the term of the policy, to avoid any conflict of interest.
10. Banks, finance companies, and insurance companies that become aware that an appraiser or appraisal company is violating applicable regulations and procedures, engaging in illegal behavior, breaching international appraisal standards, or not adhering to the Code of Ethics, Conduct, and Professional Practice issued by the authority, or delivering substandard performance, or engaging in inappropriate or unprofessional conduct, or any other substantial reason, must notify the Saudi Authority for Accredited Valuers in writing within a maximum of 30 days, providing evidence of the violation, with a copy sent to both SAMA and the appraiser.
11. Banks, finance companies, and insurance companies must provide the customer with a copy of the property appraisal report.*** * The Implementing regulations—Real Estate Branch—issued by the decision of the Minister of Commerce and Industry No. 531 dated 3/6/1435H, have been replaced by the Implementing regulations of the Accredited Valuers Law, issued by Ministerial Decision No. (107), Dated 28/01/1445H.
** This section was amended based on Circular No. 65768/99 and dated 25/10/1439H.
***This section was added based on Circular No. 65768/99 and dated 25/10/1439H.
Ensuring Prompt Responses to Judicial Authorities and their Requests
Referring to SAMA Circular No. 351000036574 dated 20/03/1435 H regarding the obligation of entities under SAMA's supervision to prompt implementation of judgments and judicial decisions without delay or procrastination.
Given the observation that some entities are not complying with requests from judicial authorities and responding to their inquiries within the legally specified deadlines in lawsuits in which they are involved, this leads to prolonged litigation and hinders the consideration and resolution of cases, thus overburdening the judicial authorities. This can have negative effects on the reputation of the financial sector and harm interests and rights, while also avoiding legal penalties on (establishments and employees) that may arise from failure to respond to judicial authorities.
SAMA emphasizes to all entities under its supervision the necessity of promptly responding to judicial authorities in lawsuits brought before them, adhering to the legal deadlines for responses, and ensuring the receipt and implementation of judicial judgements and decisions as soon as possible. SAMA will take the necessary legal measures in case of delays or procrastination in this regard.
Opening Daycare for Children of Female Workers at Financial Institutions
Referring to the receipt of the telegram from His Excellency the Minister of Human Resources and Social Development No. (10205) dated 18/01/1442 H, which includes a request to urge financial institutions under the supervision and regulation of SAMA to establish daycare for their female employees; this is in accordance with Article (159) of the The Labor Law issued by Royal Decree No. (M/51) dated 23/08/1426 H, in line with the regulatory controls for private children daycare issued by Ministerial Decision No. (199071) dated 06/11/1440 H.
The Termination of National Identity and Resident Identity and the Mechanism for Dealing with it by Financial Institutions
Based on the Article 7 of the Anti-Money Laundering Law issued by Royal Decree No. (M/20) dated 05/02/1439 H, and its implementing regulations issued pursuant to the State Security Presidency Decision No. (14525) dated 19/02/1439 H and Article (17) of Implementing Regulations of the Law of Combating Terrorist Crimes and its Financing, issued pursuant to Cabinet Decision No. (288) dated 02/05/1440 H and referring to the third item related to due diligence measures from the Anti-Money Laundering and Combatting the Financing of Terrorism Guide issued by SAMA Circular No. 486/18318 dated 1441/03/20 H. We would like to inform you of the following:
First) The Ministry of Interior announces the extension of the validity of expired national IDs for two months in the automated systems.
Second) The General Directorate of Passports announces the commencement of the automatic extension of the "Resident Identity" for expatriates inside or outside the Kingdom who are working in the private sector in commercial and industrial professions whose residencies have expired from March 18, 2020, until June 30, 2020, for an additional period of three months.
Given that the regulatory requirements related to due diligence measures mentioned in the Laws of Anti- Money Laundering and Combatting the Financing of Terrorism and their implementing regulations and The Guidance of Anti-Money Laundering and Combatting Terrorist Financing and other related instructions can be applied, and national identities and resident identities can be considered valid according to the two announcements mentioned above. We hope that you will review and take the appropriate measures to implement what was stated in the aforementioned announcements.
Using SAMA’s Name When Dealing with Customers
Based on the powers vested to SAMA under its supervisory and regulatory authority, and in light of recent occurrences where the name of SAMA has been repeatedly included by employees of financial entities under its supervision (including general/regional departments, branches, and phone communications) in order to convince customers of the validity of actions taken by these financial entities based on directives allegedly issued by SAMA. SAMA has received several complaints indicating that its instructions were cited as reasons for not fulfilling customer requests from these entities. Upon investigation, it was found that there were no circulars or instructions from SAMA that prevent the financial entity from providing the service to the customer.
Accordingly, SAMA emphasizes to all financial entities (banks, insurance companies, finance companies) not to include the name of SAMA when dealing with customers, whether in refusing to meet customers' requests or in taking any actions contrary to the customers' wishes. If referencing any circulars or instructions issued by SAMA, this must be done through qualified specialists who are fully informed and knowledgeable about the circulars and instructions issued by SAMA, ensuring that the references are accurate. Financial entities must ensure that all employees adhere to the contents of this circular. In the event of any violations by employees of the financial entity regarding this matter, SAMA will take appropriate actions against the financial entity in accordance with the powers vested to it under relevant regulations.
Follow-up Circular for Obtaining SAMA NOC Prior to Nomination, Assignment, Reassignment, Appointment, or Reappointment of Senior Positions in Financial Institutions
This circular is currently available only in Arabic, please click here to read the Arabic version.Insolvency Law
Referring to the Insolvency Law issued by Royal Decree No. (M/50) dated 28/05/1439H.
SAMA would like to inform you that the law can be accessed through the website of the Ministry of Commerce and Investment through the link.
Obtaining SAMA no Objection before Accepting Nomination or Assignment / or Re-Assignment or Appointment / or Reappointment of any of the Senior Positions in Financial Institutions with any Public or Private Front or Assuming any other Responsibilities
Referring to the requirements for appointment to senior positions in financial institutions under the supervision of SAMA, as communicated in accordance with Circular No. (1994/67) dated 10/1/1441H which specifies the minimum eligibility standards that financial institutions must adhere to when evaluating the suitability of individuals occupying or being considered for senior positions. It stipulates that a person in a senior role must have the necessary independence to perform the tasks and duties associated with the position and must not have interests, job commitments, or any other circumstances that could lead to a conflict of interest or affect their ability to perform the duties of the position in any way. In reference to the principles of conduct and work ethics in financial institutions, as communicated by Circular No. (72203/67) dated 4/12/1440 H Including a number of professional commitments for employees of financial institutions.
Given that SAMA issued the aforementioned instructions based on a number of Laws that it supervises, due to the nature of the financial sector and the importance of the efficiency of individuals holding senior positions, and their ability to perform their tasks in the best way, and considering that assigning or appointing any individual holding senior positions in financial institutions to general or specific tasks or other responsibilities such as memberships in boards of directors, committees, or similar entities; may affect the ability of those in senior positions within financial institutions to fulfill their job obligations and duties as stipulated in the laws and SAMA instructions or the internal policies of financial institutions in the best possible manner. Additionally, there is a potential for conflicts of interest between their functions in financial institutions and the positions for which they are nominated or occupy, which may influence SAMA's decision to grant non-objection to holding the senior position in the financial institution.
Based on the above, the financial institution must take the necessary steps to modify its internal policies to ensure that the incumbents of its senior positions obtain the financial institution's approval and meet SAMA’s non-objection requirements before accepting nomination or appointment/reappointment with any public or private entity, or assuming other responsibilities such as membership in boards of directors, committees, or similar roles. It should be noted that non-compliance with this is covered under the provisions of Article (20) of the aforementioned requirements.
Please refer to SAMA circular No. (1994/67), dated 10/01/1441H, and its amendments, to read the updated and the amended Requirements for Appointments to Senior Positions.
Real Estate Valuation Fees in Mortgage Contracts for Individuals
Based on the powers vested to SAMA according to the related regulations, and based on SAMA's supervisory and regulatory role over the financial institutions under its supervision, and in order to apply the principles of fairness and transparency in financial transactions.
Accordingly, SAMA wishes to emphasize to financing entities that real estate valuation fees should not be deducted from the customer until the customer has obtained preliminary approval to grant financing. Additionally, before initiating contract procedures, financing entities must inform the customer that they are not entitled to request a refund of the real estate valuation fees if the financing process is not completed for a reason due to the customer, and obtain an acknowledgment from him on that.
Emphasizing that Communication with the National Anti-Corruption Commission (Nazaha) Should Be through SAMA
Further to SAMA Circular No. (351000036570) dated 20/3/1435 H regarding Emphasizing on the Unification of the Contact Point with the Anti-Corruption Authority through the General Department of Legal Affairs at SAMA.
SAMA emphasizes the need to adhere to the above-mentioned circular that communication with the National Anti-Corruption Commission (Nazaha) should be through SAMA.
For your information and action accordingly.
Licensing for Tawtheeq Company
Based on the powers vested to SAMA pursuant to the relevant laws, regulations and instructions, and based on paragraph (first) of Article 18 of the Finance Lease Law issued by Royal Decree No. (M/48) dated 13/8/1433 H which stated that: "Without prejudice to the provisions of Companies Law, a joint-stock company or more shall be incorporated pursuant to a license from SAMA to register contracts." And in addition to SAMA's circular No. 63911/99 dated 24/10/1440 H, regarding the registration of financial leases contracts.
SAMA would like to announce that "Tawtheeq Company for Leasing Contract Registration" has been licensed to practice in the activity of registering financial leases contracts. Financing entities can register financial leasing contracts with any of the licensed financial leasing contract registration companies.
Value-Added Tax Service for Individuals' Real Estate Provided by the General Authority of Zakat and Income
Referring to the receipt of SAMA of the letter from the General Authority of Zakat and Income, number 7963/1/1441, dated 2/11/1441 H, which refers to The Executive Regulations of the Value Added Tax Law updated under Commissions and Councils Decisions Number 2-3-20 dated 17/10/1441 H including the addition and amendment of certain articles related to the imposition of value-added tax (VAT) on real estate supplies by natural persons. It mentions the launch of the VAT service for individual real estate transactions on its website in cooperation with the Ministry of Justice. This will help individuals determine the extent to which real estate supplies are subject to tax and register them with the authority. Additionally, the text refers to other benefits provided by this service to individuals, and the commencement of the mandatory registration of real estate vacating transactions with the authority before completing the formal vacating procedures with the Ministry of Justice, starting from July 1, 2020.
Accordingly, I hope of adherence to the value-added tax regulations in financial transactions for assets and properties owned by natural persons, and for reviewing the amendments and additions in The Executive Regulations of the Value Added Tax Law and to act accordingly with it from the date of its enforcement.
Sharing Credit Information with Bayan Credit Bureau
Based on The Credit Information Law issued by Royal Decree No. (M/37) dated 05/07/1429 H, and Its implementing regulations issued by the decision of His Excellency the Governor No. (AQ/13709) dated 22/9/1432 H, in addition to the instructions issued by SAMA under Circular No. 381000058506 dated /1/6/1438 H, and Circular No. 67/38477 dated 20/6/1440 H.
In an effort by SAMA to support the commercial sector in general and to improve the quality of credit information related to the small and medium enterprises (SMEs) sector in particular, aiming to enhance transparency levels and assist in estimating the financial commitments and creditworthiness of companies operating in this sector, and to increase the effectiveness of risk management across all financial institutions through the completeness of credit information and the emergence of comprehensive and high-quality credit reports for consumers.
SAMA urges banks, finance companies, and companies operating in the insurance sector within the Kingdom to conduct membership agreements with Bayan Credit Bureau and to share credit information with the company in accordance with The credit information law and Its implementing regulations and membership agreements with the company.
Tamweel Electronic Portal Approved by the Public Authority for Small and Medium Enterprises (Monshaat)
Referring to the role of SAMA in maintaining monetary and financial stability, supporting balanced and sustainable economic growth, including enabling the financial sector to support private sector growth, and its strategy to activate the use of electronic channels to enhance the level of services provided, contributing to the achievement of Vision 2030 of the Kingdom. And towards continuous and fruitful cooperation with all relevant government agencies in a manner that serves the public interest. Referring to the "Tamweel" electronic portal approved by the General Authority for Small and Medium Enterprises "Monshaat", which is a portal that brings together entrepreneurs and owners of small and medium enterprises seeking financing with licensed financing entities.
Accordingly, SAMA urges financing entities to provide their services to entrepreneurs and owners of micro, small, and medium enterprises through the "Tamweel" electronic portal accredited by the General Authority for Small and Medium Enterprises (Monshaat),and to benefit from the services offered through this portal and to process requests received through it within the specified times, due to the numerous benefits of this portal, including fostering competition among financing entities to provide suitable financing offers for these enterprises across various geographic regions, saving time and effort. Ultimately, this will increase lending and investment rates and stimulate economic growth.
Designate a Special Email to Receive SAMA Executive or Penal Decisions and Update the Postal Address of Financial Institutions
Referring to the supervisory and regulatory role of SAMA over financial institutions under its jurisdiction, based on the powers vested to it pursuant to Banking Control Law issued by Royal Decree No. (M/5) dated 22/1386 H, and The Cooperative Insurance Companies Control Law issued by Royal Decree No. (M/32) dated 2/6/1424 H, and The Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/8/1433 H, and The rules governing money changing business issued by the decision of the Minister of Finance No. (1357) dated 1/5/1432 H, and SAMA's determination to establish communication channels with the financial institutions under its supervision to ensure the dissemination of its executive and penal decisions.
Accordingly, within fifteen working days from this date, all financial institutions under the supervision of SAMA are required to designate a specific email address for receiving SAMA's executive/penal decisions. This email address should be directly linked to the Chairman of the Board or the Board of Directors, the Chief Executive Officer or General Manager, and the Compliance Manager -according to the company's organizational structure-, as the financial institutions must provide SAMA with the updated email address and contact details of the Chief Executive Officer or General Manager, and the Compliance Manager through email.
SAMA wishes to emphasize that the responsibility for monitoring decisions received via postal mail and email, as well as the consequences arising from them, lies with financial institutions and their senior management. Financial institutions must notify SAMA in writing through the official mail and email about any updates to those addresses, these addresses will not take effect with respect to SAMA until one month from the notification date. SAMA also affirms that it will take all regulatory measures against financial institutions that do not comply with the content of this circular.
Increasing the Percentage of Qualified People with Disabilities in Employment
Based on the powers vested in SAMA by relevant laws, regulations, and instructions, and referring to Article (28) of The Labor Law, issued by Royal Decree No. (M/51) dated 23/8/1426 H which requires employers with twenty-five (25) or more workers to employ at least (4%) of the total number of workers from professionally qualified individuals with disabilities, in accordance with the nature of the work, and in addition to the instructions issued by SAMA Circular No. (41039051) dated 03/06/1441 H regarding the instructions for services provided to persons with disabilities in financial institutions, and referring to the targets of the National Transformation Program to empower persons with disabilities in the labor market, and continuing the efforts of SAMA aimed at raising the level of commitment of financial institutions to regulations and their participation in national plans and strategies.
Accordingly, SAMA emphasizes the importance of increasing the percentage of professionally qualified employees with disabilities to at least the legally specified percentage, in alignment with the nature of the work, and ensuring that the necessary means for their job performance are provided.
Cancellation of the Requirement for the Official Stamp of Institutions and Companies on Documents and Papers Submitted in Dealings with Customers
SAMA received the letter from His Excellency the Minister of Commerce and Investment, the Chairman of the Board of Directors of the National Competitiveness Center "Tayseer," No. 10201 dated 23/3/1441 H, referring to the Royal Order No. 13563 dated 28/2/1441 H, which stipulates in the first clause to emphasize to all concerned government entities not to obligate private sector establishments to use an official stamp and only ratify the Chamber of Commerce and Industry unless there is a regulatory requirement mandating it. Further to SAMA's instructions pursuant to Circular No. 381000053456 dated 17/5/1438 H, and Circular No. 381000056756 dated 25/5/1438 H, and Circular No. 391000031596 dated 18/3/1439 H regarding the requirements for establishment of institutions and companies and the cancellation of the requirement for the official stamp.
Accordingly, SAMA affirms that it does not require an official stamp from institutions and companies on documents and papers submitted when requesting transactions, and it's sufficient to ratify the Chamber of Commerce and Industry without compromising the requirements of the "Know Your Customer" principle and due diligence procedures for customers, and to announce this through the available means.
Royal Order No. (33322) Dated 21/7/1438 on Women Rights and the Solutions Suggested in This Regard
Referring to the Royal Decree No. 33322 dated 21/07/1438 H, which approved the Cabinet's recommendations regarding issues related to women's rights and the suggested solutions, and included the confirmation to relevant government agencies not to require women to obtain the consent of a male guardian when providing services or completing their procedures unless there is a legal basis for such a request.
Accordingly, SAMA confirms its commitment to the provisions of the aforementioned Royal Decree and urges the banks to communicate with SAMA in case of any obstacles in its implementation.
Approval of the Property Document Issued by the Economic Cities Authority
Further to SAMA Circular No. 53148/M A/25450 dated 6/12/1433 H addressed to banks operating in the Kingdom and SAMA Circular No. 361000110001 dated 13/8/1436 H addressed to real estate finance companies operating in the Kingdom, which stipulates" Approval of the Property Document Issued by the Economic Cities Authority".
Accordingly, SAMA wishes to emphasize to banks and real estate finance companies operating in the Kingdom that The Property Document Issued by the Economic Cities Authority for any property or land owner within the economic cities should be approved, as an official ownership document, equivalent to the title deed approved outside the economic cities.
Participation in Summer Training Program for Students
In reference to the Royal Decree No. (7/B/2942) dated 01/03/1418H regarding the implementation of the summer training program for students, and the Ministry of Labor Decision No. (1/1047) dated 08/03/1429H, which stipulates the participation of establishments employing twenty-five workers or more in the summer training program.
In light of the importance of the participation of entities supervised by SAMA in summer training programs for students, with the aim of utilizing their time in a beneficial manner, promoting the values of work, and equipping them with skills and experience, SAMA emphasizes the obligation of the entities under its supervision to comply with the Royal Decree and the aforementioned decision.
Entities are required to provide training opportunities for students, register, and announce these opportunities on the program’s platform (saifi.hrdf.org.sa) with the Human Resources Development Fund no later than the end of Thursday, 25/09/1440H.
For your information and act accordingly.
Obligations for Banks and Finance Companies to Coordinate with Traffic Departments on Seized Vehicles
SAMA has received the letter from His Excellency the Director General of Traffic, No. 95817, dated 3/5/1440 H, which indicates that there are vehicles impounded by the traffic authorities that are owned by some banks and finance companies. The reasons for impounding these vehicles include having a notice registered on the vehicle in the computer system as (required for ownership transfer), and involvement in a traffic accident, or a traffic violation necessitating impoundment, however, when representatives from these banks and finance companies are requested to review and collect these vehicles, some do not respond by attending the relevant traffic department.
Accordingly, SAMA urges all banks and finance companies to promptly respond and expedite the review with the relevant traffic departments to finalize the procedures for the seized vehicles upon receiving a review request. It should be noted that the General Traffic Department intends to take several measures against non-compliant banks and finance companies, including the suspension of electronic traffic services for the bank or finance company, and the auctioning of the seized vehicle after ninety days from the date of its seizure.
Extension of the Compliance Period with the Cyber Security Framework in the Financial Sector
Based on SAMA's commitment to improve cybersecurity practices within the financial institutions under its supervision, and referring to SAMA Circular No. 381000091275 dated 28/08/1438 H regarding the obligation of financial institutions to comply with the Cyber Security Framework and Maturity Level 3, SAMA emphasizes its dedication to enhance and support cybersecurity measures in the financial sector and the proper implementation of the regulatory framework by financial institutions.
Accordingly, we inform you that SAMA has extended the deadline for compliance with the requirements outlined in the Cyber Security Framework to no later than the end of the fourth quarter of 2019. SAMA also emphasizes the necessity of adhering to the requirements stated in the aforementioned circular, in addition to the following instructions:
First: Financial institution leaders must provide the necessary support to the Information Security Management and provide them with qualified national staff, technical tools, and appropriate training to effectively fulfill their roles.
Second: Quarterly reports must be submitted starting from the end of the second quarter of 2019 until the financial institution complies with SAMA's requirements.
Based on the above, SAMA reaffirms the importance of complying with the Cyber Security Framework according to the issued instructions and regulations, noting that SAMA will conduct field visits to verify compliance with these instructions.
Emphasis on Reporting Accounts Whose Movement Does Not Match Their Owners' Income and Wages
Further to SAMA's instructions issued under Circular No. 351000139826 dated 14/11/1435H, regarding the Council of Ministers Decision No. (295) dated 13/07/1435H, which includes several measures to address the phenomenon of non-compliant foreign control over certain commercial activities. This includes the study concerning the employment of foreign labor in the Kingdom across agricultural, commercial, and all other sectors, and their concealment. Specifically, paragraph 11 of the decision states: "SAMA shall require banks to monitor the movement of bank accounts of foreign labor and report accounts whose activity does not align with their income and wages, in accordance with the regulations and procedures established by SAMA."
SAMA reiterates to all banks, and money exchange companies the importance of continuing to notify the General Department of Financial Investigation at the Presidency of State Security in the event of any financial suspicions, in accordance with The Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide issued by SAMA. In addition, customer transactions must be continuously monitored.
For your information and take the necessary actions in this regard.
Money Collection without Approval
Further to SAMA Circular No. 351000058896 dated 08/05/1435H, which refers to the Ministry of Interior’s letter No. 25849 dated 18/04/1435H, containing some indicators of suspicion that can be used as a basis for monitoring transactions related to the collection of funds through bank accounts without obtaining prior approvals from the relevant official authorities. Additionally, referring to the Ministry of Interior’s letter No. 72541 dated 28/11/1435H, which highlights the increasing phenomenon of collecting donations by individuals or entities using SMS technology, the internet, or advertising through various visual and print media without obtaining official approval. This phenomenon often increases during Ramadan and the Hajj season. The letter also recommends implementing issued instructions prohibiting the collection of donations for any entity by any advertising means or through the establishment of kiosks or offices for collecting donations without obtaining official approval.
Accordingly, SAMA emphasizes the need to take the necessary actions to monitor transactions and report any suspected links to such activities.
Verifying the Identity of Customers via a Reliable Source
Based on SAMA's keenness to improve the level of practices and procedures in the financial institutions under its supervision, and its efforts to support and develop the financial sector while considering risks, and regularly reviewing updates to ensure necessary measures are taken to raise the maturity level of these financial institutions. This involves periodic monitoring and issuing related instructions. Based on the regular monitoring of fraud cases in the financial institutions, which showed the need to enhance the principle of Know Your Customer (KYC) by including an additional verification mechanism in the procedures for opening accounts/memberships in person and remotely, as well as for the existing accounts/memberships of current customers by linking the account owner's registered mobile number with the financial institution according to the number verified by "the Tahaqaq service", in order to support the verification process of the information and help reduce identity theft by enhancing procedures and relying on trusted and accredited national sources. Therefore, financial institutions are required to do the following:
1- Ensuring that the mobile number linked to the account or membership in the financial institution currently belongs to the same person by matching the account holder's ID number with the mobile owner's ID number through the "Tahaqaq Service," so that the matching process includes all customer accounts/memberships.
2- Evaluation of the current situation and identification of the number of customers and accounts/memberships with non-matching numbers currently registered with the financial institution, based on the information provided in (First) for the accounts/memberships of existing customers.
3- Providing SAMA with the evaluation results, as well as the financial institution's corrective plan to ensure the alignment of the account holder's identity with the identity of the mobile number holder associated with the account for all accounts/memberships.
4- Verifying the customer's registered mobile number with the "Tahaqaq Service" is part of the procedures for opening bank accounts or new memberships.
5- The commitment to apply the above within a period not exceeding 45 days from its date.
6- Ensuring compliance with the instructions stated in Account Opening Rules and other related instructions and their effectiveness in the financial institution.
For your information and action accordingly, please note that SAMA will take the necessary legal measures in the event of non-compliance with the procedures determined within the specified timeframe mentioned above.
Acceptance of Old (5th issuance) Kuwaiti Dinar
In light of the introduction of the new sixth issue of the Kuwaiti Dinar into financial markets, with the continued validity of the currently circulating fifth issue, which retains its legal tender status,
SAMA emphasizes the necessity of accepting the buying and selling of the Kuwaiti Dinar in both its old and new issues ('fifth and sixth issues'), which remain valid and accepted in global markets until a decision is issued by the Central Bank of Kuwait to withdraw them from circulation.
For your information, please notify all your branches to act accordingly.
Amending the Dates for Paying Entitlements to the Beneficiaries of the GOSI
Referring to SAMA Circular No. 391000059139 dated 22/5/1439 H regarding Amending the Dates of Paying Pensions According to the Gregorian Calendar.
I would like to inform you that SAMA received a letter from the Director General of Financial Affairs at the General Organization for Social Insurance, No. 45984 dated 14/8/1439 H, which includes the approval of the Board of Directors of the General Organization for Social Insurance to change the payment date of beneficiaries' entitlements from the Hijri calendar to the Gregorian calendar. Payments will be transferred on the first day of each Gregorian month. If this date falls on a Friday or Saturday, the transfer will occur on the preceding Thursday, starting from June 1, 2018. Please note that the last month’s Hijri entitlement will be transferred on Wednesday, 1/9/1439 H, corresponding to 16/05/ 2018 G.
Accordingly, SAMA hopes that your specialists will consider the new approved dates for disbursing the entitlements of beneficiaries of the General Organization for Social Insurance when collecting monthly installments for credit obligations.
Accepting the National ID Card - Third Generation
SAMA received a circular from His Royal Highness the Minister of Interior, No. (66899), dated 16/6/1439H, referring to the launch of the issuance of the new National Identity Card (third generation), which includes the approval to use it. It is emphasized that the cards from the previous issuance remain valid until their expiration date.
Legal Department Employees
Referring to the decision of His Excellency the Minister of Justice No. (6622) dated 9/9/1438 H, based on the royal decree No. (32749) dated 16/7/1438 H, regarding the Ministry of Justice taking necessary actions to include the provisions of the legal representative-concerning the Law of Advocacy-applying to legal department employees at private legal entities. This includes the addition of paragraph (18/13) to the Implementing Regulations of the Advocacy Law with the following text: "Employees of the legal departments at private legal entities shall be considered as legal representatives—after being licensed by the General Administration of Advocacy—based on a power of attorney from the authorized person. etc."
As a result of the continuous cooperation and coordination between SAMA and the Ministry of Justice in all areas of mutual interest, SAMA would like to inform financing companies that their legal department employees are included in the legal representative status of the financing company. Consequently, legal department employees in financing companies are entitled to represent the company in judicial authorities for more than three cases simultaneously, subject to the following conditions:
A. The applicant (legal department employee) must personally submit the request to the General Administration of Advocacy at the Ministry.
B. The application must include the following documents: (1- National ID card. 2- A certified copy of the qualification or presentation of the original for verification. 3- A valid employment contract in the legal department of the financing company with at least one year remaining. 4- A statement from the financing company confirming that the employee is still employed. 5- A certificate of contribution durations and wages from the General Organization for Social Insurance (printout). 6- A valid power of attorney from the authorized person. 7- A copy of the financing company’s registration certificate + a copy of the company’s foundational contract. 8- Four recent personal photos (4*6) with a white background). The General Administration of Advocacy can be contacted through the following details:
King Abdullah Project Building for the Development of the Judiciary
Riyadh – Al-Dabab district – King Abdulaziz Road (Ministries) next to Radisson Blu Hotel (SAS).
The Spread of Advertisements for Lending and Debt Repayment from Unlicensed Parties
This section is currently available only in Arabic, please click here to read the Arabic version.Amending the Dates of Paying Pensions According to the Gregorian Calendar
To read the update requirements, please refer to SAMA circular No. (45062845), dated 28/9/1445H, corresponding to 06/04/2024G.SAMA received the letter from His Excellency the Governor of the General Organization for Pension No. 15386/S dated 08/05/1439 H regarding the intention of the General Organization for Pension and the General Organization for Social Insurance to shift to disbursing pensions according to the Gregorian calendar. Pensions will be paid starting from February 2018 on the 25th of each Gregorian month.
Accordingly, SAMA hopes that your specialists will take into account the new approved dates for disbursing pensions when collecting monthly installments for credit obligations.
The Saudization Ratio Calculation Mechanism in Prudential Data
Based on the powers vested to SAMA under the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386 H, and the Finance Companies Control Law issued by Royal Decree No. M/51 dated 13/08/1433 H, and in response to inquiries received by SAMA regarding the Saudization calculation mechanism and its relation to directives issued by the Ministry of Labor and Social Development in this regard.
We inform you that all Saudi citizens must be counted, along with the categories treated as Saudis—according to what is issued by the Ministry of Labor and Social Development—and this must be disclosed through the precautionary data form submitted to SAMA. Financial institutions should ensure verification and compliance with what is issued by the Ministry of Labor and Social Development in this regard, and reflect that periodically on the aforementioned form, notifying SAMA of any updates made in this regard.
Please take note and act accordingly, starting from the first quarter of 2018.
Law of Private Security Services
Attached is the Law of Private Security Services issued by Royal Decree No. (M/24) dated 8/7/1426 H, along with its Implementing Regulations issued by Ministerial Decision No. (170/H/D) dated 5/5/1427 H.
When contracting with private civil security guard companies and institutions, compliance with the conditions and requirements stated in SAMA Circular No. (49968/MAT/23756) dated 20/10/1432 H must be ensured.
Periodic Follow-up on Local and International Issues Related to AML / CFT
Referring to the issuance of numerous local and international regulations and instructions related to combating money laundering and financing terrorism, including the most recent ones issued by The Law of Terrorist Crimes and its Financing issued by Royal Decree No. M/16 dated 24/2/1435 H and the updates that occur from time to time regarding the amendment of some laws, regulations, and rules, among others. In addition, the periodic warning statements issued by the Financial Action Task Force (FATF) concerning countries that suffer from weaknesses in their regulatory measures to combat money laundering and terrorism financing.
We would like to emphasize the importance of all relevant parties continuously monitoring related websites, including SAMA's website and to follow up on the regulations and instructions being issued, as well as those published by international and regional organizations, such as the United Nations, the Financial Action Task Force (FATF), and the Middle East and North Africa Financial Action Task Force (MENAFATF), in order to ensure the banking and financial system in the Kingdom complies with the standards and requirements for combating money laundering and terrorism financing.
Therefore, we hope that everyone adheres to what is mentioned above.
Work Controls for Employees of Financial Institutions
With reference to the Royal High Order No. 8/759 dated 5/10/1421 H, which stipulates that allowing women to work in government departments or other public or private institutions, companies or professions that lead to mixing with men and the like is not possible, whether the woman is Saudi or non-Saudi, as it is prohibited by Islamic Shariaa and contradicts the customs and traditions of this country, and that if there is a department that employs women in jobs that are not suited to their nature or in jobs that lead to mixing with men, this is a mistake that must be avoided. As well as the Royal Decree No. 187 dated 17/7/1426 H, which includes in its third paragraph a reference to the controls of employing women as wages for employers, including Not mixing with men in workplaces, and referring to the letter of His Royal Highness the Prince of Riyadh Region No. 16944 dated 7/8/1433 H, based on the letter of His Eminence the Grand Mufti, Chairman of the Council of Senior Scholars and Scientific Research Department No. 33011031 dated 7/7/1433 H, which includes the directive to emphasize adherence to the regulations and instructions governing the employment of women, in addition to the provisions related to the employment of women contained in the Labor Law issued by the Holy Royal Decree No. M/51 dated 23/8/1426 H and its Implementing Regulations, as well as the Women's Work Guide in the Private Sector issued by the Ministry of Labor and published on the Ministry's website (first version Muharram 1435 H) and any updates to it.
In line with SAMA's commitment to providing a suitable work environment for male and female employees in the financial institutions it supervises, the Central Bank emphasizes the necessity of adhering to the following:
First: The financial institution and all its employees must adhere to the provisions of the above-mentioned royal orders, regulations and directives, especially those related to the regulation of women's work in the private sector.
Second: All female workers in financial institutions must adhere to modesty in dress and appearance in accordance with the requirements of Sharia regulations and the customs and traditions of society.
Third: The management of the financial institution must adopt internal procedures and policies that regulate the work of women in accordance with the provisions of the Supreme Orders, regulations and directives referred to above, and take the necessary measures to implement this in order to provide a suitable work environment for its female employees that allows them to practice their work freely and separately from men.
Fourth: The financial institution must establish a fair and clear mechanism for job evaluation and annual promotions for all its employees to ensure justice and regulate the relationship between superiors and subordinates (Code of Conduct).
Fifth: The financial institution must fully comply with all the above-mentioned procedures and put them into actual implementation within a maximum period of 31/12/2014G, provided that SAMA is provided in writing with the date of actual implementation of these procedures.
Pursuant to Circular No. 371000052146 dated 13/2/2016G, and with reference to SAMA Circulars No. 351000096501 dated 26/07/1435 H, No. MT/23423 dated 09/09/1433 H, No. 24593/MT/280 dated 20/05/1429 H, and No. 17479/MT/164 dated 02/11/1421 H, SAMA emphasizes the need to comply with the aforementioned circulars, and the instructions regulating the work of women and the controls of women's work in all circumstances, whether inside or outside the establishment's premises, such as meetings and training courses held outside the establishment's premises, and that failure to comply with any of these instructions and controls will lead to taking legal action against the establishment.
Accounting of Zakat and Income Tax
No: 381000074519 Date(g): 10/4/2017 | Date(h): 14/7/1438 Status: In-Force This has reference to SAMA circular no. 381000029499 dated 15/03/1438, which explains amendments to SAMA Accounting Standards for Commercial Banks issued in December 1994, regarding treatment of Zakat and Income Tax.
In order to clarify the accounting treatment and financial statement presentation of Zakat and Income Tax, SAMA has decided to take the following actions:
• SAMA Accounting Standards for Commercial Banks will no longer be applicable from 1 January 2017. • All Banks, Insurance Companies and Finance Companies should prepare their financial statements using IFRS except for IAS 12 and IFRIC 21 so far as they relate to the accounting of Zakat (IFRS as adopted by SAMA). Accounting for Zakat is a matter, which is not addressed, by IFRS, and therefore SAMA recognizes a need to provide guidance for a uniform application of accounting and financial statements presentation of Zakat and related matters. • For the purpose of accounting of zakat and income tax, a standalone guidance document is being issued as per Annexure I which should be applicable from 1 January 2017. This treatment should be applied consistently across all the three sectors i.e. Banking, Insurance Companies and Finance Companies.
Annexure 1-Treatment of Zakat and Income Tax for Banks, Insurance and Finance companies
1. Zakat and Income Tax charge for the current period (including foreign subsidiaries and branches):
Zakat and Tax for the current period should be charged directly to the retained earnings of all Banks, Insurance and Finance Companies (hereinafter together referred to as the Entity) operating in the Kingdom of Saudi Arabia irrespective of their ownership structure.
If the retained earnings are not sufficient to cover the Zakat and Tax for the current year, such charge will result in accumulated losses of the Entity, which should be adjustable against future profits.
2. Zakat and Tax charge in case of accumulated losses: In case the Entity has accumulated losses at the end of current period, Zakat and Tax charge for the current period will result in accumulated losses / increase in accumulated losses and should be adjustable against future profits.
3. Zakat and Income Tax Charge for Prior Period: Any Zakat or Income Tax pertaining to prior year(s) shall also be charged to the retained earnings of the entity, as already explained under 1 and 2 above. In prior years, if an Entity has debited the retained earnings with the zakat and income tax amount included within the proposed gross dividends and has not recognized a liability in the financial statements, then in accordance with this circular the proposed dividend for that year shall be adjusted to recognize a liability for the zakat and income tax amount.
4. Presentation in the Financial Statements:
The total amount of Zakat and Income Tax shall be disclosed in the financial statements under the 'Statement of Changes in Shareholders' Equity' to be split as follows:
• Zakat for the current year; • Zakat for the prior year(s); • Income Tax for the current year; • Income Tax for the prior year(s).
5. Accounting Policy on Zakat and Income Tax:
The Entity shall disclose its Accounting Policy for calculating and charging Zakat and Income Tax and the related accounting treatment in the notes to the financial statements.
6. Other Disclosures:
The Entity shall disclose its shareholding in the financial statements as at the end of the year/period, split as follows:
• Shareholding %age, subject to Zakat; and • Shareholding %age, subject to Income Tax • Any other disclosures (including the disclosures already made in the financial statements in prior years) relevant to the zakat / tax assessment status and any related contingencies
7. Accrual frequency:
All accruals for Zakat and Tax are to be made on a quarterly basis from the effective date of this circular.
8. Effective Date:
This guidance document shall be applicable effective 1 January 2017. Comparative figures have to be presented.
Any changes to the accounting for zakat and tax as a result of these requirements would be accounted for in accordance with the requirements of IAS B.
(SARIE) working hours during the month of Ramadan, and Eid al-Fitr and Eid al-Adha holidays for the year 1443H
This circular is currently available only in Arabic, please click here to read the Arabic version.Ensuring that Allowances, Bonuses, and Financial Benefits Returned to State Employees Under Royal Orders Remain Unaffected
Referring to the Royal Order No. A/270 dated 26/09/1438 H, issued to return all allowances, bonuses, and financial benefits for state employees, both civilian and military, retroactively, as mentioned in Cabinet Resolution No. (551) dated 25/12/1437 H.
SAMA wishes to emphasize that the amounts returned under the aforementioned Royal Order must not be affected, whether through seizure, deductions, or similar actions, and instructs your specialists to comply and act accordingly.
Cash Deposit for Class A Exchange Companies at SAMA Branches Directly
Referring to SAMA's approval of cash deposit procedures for Category (A) exchange companies directly at the branches of SAMA.
It is required that banks operating in the Kingdom sign an agreement with Category (A) exchange companies that includes the procedures for cash deposits made by these companies directly at the branches of SAMA, taking into account the content of the agreement and the conditions and procedures that must be adhered to by the banks and Category (A) exchange companies, which include the following:- The agreement must include a clause authorizing the exchange company to conduct the deposit on behalf of the bank.
- Authorization of the bank to representatives of the exchange companies to make deposit on its behalf, specifying their names and details, and that the exchange companies comply with the legal procedures for implementing deposit requirements according to the cash deposit policy applied by SAMA, as well as compliance with the Law of Transporting Money, Precious Metals, and Valuable Documents and the approved implementing regulation for this purpose.
- Commitment of exchange companies to precautionary measures for importing Riyals concerning the safety of those funds and the reliability of the foreign exchange companies they deal with, ensuring the validity of their licenses.
- Commitment of exchange companies to the counting and sorting instructions issued by SAMA and the resulting responsibility for discrepancies or counterfeit currency. The bank shall be liable to SAMA for such cases and will deduct from the exchange company accordingly.
- Adoption of procedures for placing identification cards for the exchange companies on the supplied links to the branches, stamped with the bank's name as a document to prove discrepancies or counterfeit currency.
Register Mortgages in Accordance with the Fact of the Contract
Based on the powers vested to SAMA under Saudi Arabian Monetary Authority Law issued by Royal Decree No. (23) dated 23/05/1377 H, and the Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386 H, and the Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/08/1433 H, and referring to the Registered Real Estate Mortgage Law issued by Royal Decree No. (M/49) dated 13/08/1433 H.
SAMA emphasizes that banks and finance companies must adhere to the following:
First: Document mortgages according to the actual contract, and cease any procedures related to transferring ownership of the property instead of mortgaging it.
Second: Correct the status of real estate currently registered in the name of the bank or finance company within a period not exceeding three (3) years, and inform customers accordingly.
Third: Provide SAMA with cases proving the refusal of notaries to register the mortgage for the benefit of the bank or finance companies.
Instruments Issued by Licensed Notaries within their Scope of Authority
Referring to the Ministry of Justice Circular No. 13/T/6458 dated 28/11/1437 H directed to all government entities, which mentions Cabinet Decision No. 66954 dated 07/10/1435 H regarding the Regulation of Notaries and Their Work, which stipulates in Article One that the licensed notary must document several tasks, including power of attorney and its revocation, company contracts, amendments, and decisions of authorized parties. The work of notaries began gradually in issuing and revoking powers of attorney and documenting company bylaws starting from 25/11/1437 H. The circular also requests awareness and adherence to the documents issued by notaries in their jurisdiction and considers them as executable instruments according to the provisions of the Enforcement Law and its regulation.
We would like to inform you that SAMA has received a letter from His Excellency the Minister of Justice No. 38/2450340 dated 01/07/1438 H, stating that inquiries can be made regarding the validity of notaries’ licenses through the Notaries Portal at the link. Accordingly, the issuance of documents by licensed notaries from the Ministry of Justice within their jurisdiction, as outlined above, is accepted.
For your information, and to notify all relevant departments and branches.
Updated Mechanisms for the Implementation of Security Council Resolutions Relating to the Fight Against Terrorism and its Financing
This circular is appended to the Guide to Enforcing Security Council Resolutions Related to Combating Terrorism and its Financing, issued under Circular No. (391000014326) dated 06/02/1439H (corresponding to 26/10/2017G).
In reference to SAMA's instructions regarding the application of Security Council resolutions related to combating terrorism and its financing as stipulated in the Rules Governing Anti-Money Laundering & Combating Terrorist Financing for all Banks and Money Exchangers and Foreign Banks' Branches Operating in the Kingdom of Saudi Arabia issued in February 2012G, as well as the Rules for Combating Money Laundering and Terrorist Financing in the Insurance and Reinsurance Companies and Liberal Professions.
SAMA wishes to inform you of the issuance of an update to the mechanisms for implementing Security Council resolutions related to combating terrorism and its financing, as per the cable from His Royal Highness the Crown Prince, Deputy Prime Minister, Minister of Interior, and Chairman of the Supreme Committee for Combating Terrorism No. 109130 dated 25/04/1438H. This update is based on Article (32) of the Law on Combating the Financing of Terrorism, which stipulates that the Permanent Committee for Combating Terrorism at the Ministry of Interior shall establish the necessary mechanisms to implement Security Council Resolutions No. (1267) and No. (1373) and related resolutions, issued by a decision of the Minister of Interior. The cable from His Royal Highness included approval and implementation of the updated mechanisms for applying Security Council resolutions related to combating terrorism and its financing, which are as follows:
- The mechanism of Security Council resolutions concerning those on the Security Council Committee's No.(1267) consolidated list of ISIS, Al-Qaeda, and associated individuals, institutions, and entities.
- The mechanism for implementing Security Council Resolution No. (1373) and subsequent resolutions related to combating terrorism and its financing.
- The mechanism for implementing Security Council Resolution No. (1988) and subsequent related resolutions.
In implementation of the updated mechanisms for applying the Security Council resolutions mentioned above, the following actions must be taken, and feedback on the measures taken in this regard should be provided within one week from the date of this notice:
1- Follow up on updating the data of those on the UN list on a daily basis by referring to the website of the (2253/1989/1267) and (1988) committees at the following addresses
- (https://www.un.org/sc/suborg/ar/sactions/1988/materrials)
- (http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml)
2- Immediately freeze without delay (within hours) and without prior notice any accounts, relationships or financial dealings of those names included in the lists of the Security Council Committees (2253/1989/1267) and (1988). According to the data available in the two lists, and notify SAMA about them without taking action.
3- Immediately freeze any names that are designated in accordance with UN Security Council Resolution (1373). 4- In the event a name is removed by the Security Council Committees (2253/1989/1267) and (1988), the freeze must be lifted immediately (within hours) and without prior notice, and SAMA must be notified immediately, unless prior notice is received indicating that the freeze should not be lifted due to classification under Security Council Resolution No. (1373).
For names whose relationships were previously frozen based on directives from SAMA, they shall remain frozen until further instructions to lift the freeze are received from SAMA
5- Establish effective procedures to verify all customer names (individuals, entities, ultimate beneficiaries, etc.) against names designated as 'listed persons' by local authorities and the United Nations, during transactions (for existing customers) or prior to account opening or establishing a relationship. This is especially important for money transfer operations, where the names of both the sender and the beneficiary must be verified. 6- Maintain an updated database of entities and individuals listed on these lists for monitoring purposes and report this to SAMA 7- Monitor sanction lists issued and available from other countries and verify all transactions and transfers against these lists to avoid any potential legal issues. Definition of Small and Medium Enterprises
Referring to the powers vested to SAMA under relevant regulations, rules, and instructions. And referring to the decision of the Board of Directors of the General Authority for Small and Medium Enterprises No. (2-1-1438) dated 14/03/1438 H regarding the approval of the definition of small and medium enterprises operating in the Kingdom. The following has been decided:
First: The definition of small and medium enterprises is as follows:
Type of Enterprise Revenue (Million Saudi Riyals) Number of Employees (Full-time)* Micro From 0 to 3 From 1 to 5 Small Greater than 3 to 40 From 6 to 49 Medium Greater than 40 to 200 From 50 to 249 Large Exceeds any of the above criteria
* The revenue criterion is adopted in the classification of the type of enterprises, and in the absence of revenue data (new enterprise), the criterion of the number of full-time employees is the criterion in the classification of the type of enterprise.
Second: It will be effective as of its date.
Cooperation with Bayan Credit Bureau
Based on the Credit Information Law issued by Royal Decree No. (M/37) dated 05/07/1429 H and its implementing regulations issued by the decision of the Governor No. A Q/13709 dated 22/09/1432 H, and referring to the license granted to Bayan Credit Bureau under decision No. 2/37 dated 23/09/1437 H to practice credit information activities.
Accordingly, we hope to cooperate with Bayan Credit Bureau by sharing credit information for the commercial establishments sector, which will enhance the level of transparency in this sector and help assess the size of the financial obligations and creditworthiness of companies operating in this sector.
Mechanism for Submitting Reports of Problems and Malfunctions in SAMANET System
We would like to inform you about the signing of a Service Level Agreement (SLA) between the Banking Execution Department, the Special Execution Division, and the General Directorate of Information Technology at the Central Bank, which will come into effect starting from March 1, 2017G. The agreement outlines the classification and prioritization of SAMA Net system issues based on their importance, the mechanism for resolving them, and the timeframes for addressing these issues according to their classification. It also specifies the timelines for handling other requests related to the SAMA Net system. The aim of this agreement is to minimize SAMA Net system issues and prevent their recurrence, as well as to ensure swift, effective, sustainable, and comprehensive solutions. The agreement also emphasizes performance monitoring and evaluation to enhance service efficiency.
Attached is a table detailing the types of issues or malfunctions, their levels of importance, and the instructions for reporting and submitting complaints to the General Directorate of Information Technology at the Central Bank regarding these issues and malfunctions.
Please take note of this and comply with the attached instructions starting from March 1, 2017G.
- A table showing the classification of issues and failures:
Importance
Type and address of the issue or malfunction
1
(critical)
Complete failure of the Sama Net system at banks or exchange companies. (To be determined by the Central Bank)
A slowdown in the Sama Net system at the Central Bank, multiple banks, or multiple exchange houses. (to be determined by the Central Bank)
2
(Highly Important)
- A malfunction in the Sama Net system at a particular bank or exchange company.
- Failure of specific steps in the Sama Net system at multiple banks or exchange houses.
3
(Important)
- Overlapping requests in the Sama Net system.
- Problem with a specific request in Sama Net.
- Required user permissions (add, delete, change and activate) on the Sama Net system for banks or exchange companies.
(sent by the bank's coordinator)
- Instructions for registering communications and requests:
1. Communications and requests are registered by sending an email to SAMASD@SAMA.GOV.SA. 2. The email should include a clear and specific subject line for the type of issue, malfunction, or request:
■ 1 (Highly Important) - Sama Net malfunction at (bank name) ■ 3 (Important) - Problem with a specific request in Sama Net with (request number)
3. In the case of adding, deleting, changing or activating powers on the Sama Net system for banks or exchange companies. The request shall be submitted by sending an email with the form attached to the above address, taking into account the mechanisms for granting powers that belong to the Special Enforcement Department, as they must be delivered manually to the department directly.
4. In the case of reporting slowdowns in the Sama Net system, the following questions must be answered in the email sent:
■ The time taken to open the request in seconds.
■ The time taken to open the Common Transaction Box in seconds in Judicial Banking.
■ The time taken to open the inbox in seconds. ■ The time it takes for transactions to move from the Common Transactions box to the Inbox in seconds in Judicial Banking Procedures. ■ The time taken to return transactions from the Inbox to the Shared Transaction Box in seconds in Judicial Banking Actions. ■ The time it takes for transactions to move between steps in seconds. ■ The time from when the request is sent to when the “Sent Successfully” message appears, in seconds.
■ The time taken to return to the inbox after the “Sent Successfully” message appears, in seconds. ■ Is your in-bank web browsing working as usual or is it slow.
5. If you are reporting an issue with a specific application in Sama Net, you must indicate the following:
■ Order number.
■ A screenshot showing the error and the time it occurred (when the request was opened or sent). ■ A detailed explanation of the issue at the time it occurred.
6. Only one report can be opened for the same issue or request and wait for a response. The automated helpdesk system sends an email to the originator with a confirmation of receipt of the report and its number. 7. In the event that the bank's public IPs are affected or changed, the bank or company is required to notify the Helpdesk, bearing in mind the need to ensure that the bank's slowdown is not related to the public IPs. 8. Before submitting a report, make sure there are no technical issues with the bank or company by contacting the technical support of the bank or company. Communications that do not meet the stated requirements will not be accepted after you have received this circular.
Challenges and Communication with the Courts of Implementation
In reference to the ongoing and fruitful cooperation between SAMA and the Ministry of Justice in all fields that serve the public interest, and to the meeting held on Sunday, 19/3/1438H, between His Excellency the Governor of SAMA and His Excellency the Minister of Justice at the Ministry of Justice headquarters regarding discussing ways to improve support for the investment environment in the financial sector and discussing topics of mutual interest, especially some challenges facing financial institutions under the supervision of SAMA with some entities affiliated with the Ministry of Justice. To address these challenges, SAMA hopes to be provided with the following:
- Data, information, and modern official communication methods and means for every financial institution that enable the execution judiciary to notify in the specified manner and time.
- Confirmed cases of some notaries refusing to complete the mortgage in favor of financing entities.
- Data on overdue execution cases.
- The non-responsiveness encountered by insurance companies from some judges in cases involving blood money and compensation.
- Proven cases of different procedures between notaries in the Kingdom.
- The confirmed cases of different procedures in the execution court from one court to another.
SAMA hopes to be provided with the aforementioned information no later than the end of January 2017. For coordination on this matter, please contact SAMA.
Ownership of non-Saudis in Listed Companies Investing in Real Estate Within the Cities of Mecca and Medina
SAMA received a letter from the Undersecretary of the Capital Market Authority No. S 1/6/6966/16 dated 7/11/1437 H, informing that the Board of the Capital Market Authority issued its decision dated 15/9/1437 H, which includes the following:
(a) Non-Saudis are not permitted to purchase shares – including investment through swap agreements – or debt instruments convertible into shares issued by the following listed companies:
1) Mecca Construction and Development Company, Taiba Holding Company, Jabal Omar Development Company, and Knowledge Economic City.
2) Companies in which non-Saudis are prohibited from owning shares according to instructions issued by supervisory and regulatory authorities that these companies are subject to.
(b) Current non-Saudi owners of shares in the companies mentioned in paragraph (a) of this decision are prohibited from purchasing additional shares in these companies and are only permitted to sell. In the event that these companies increase their capital by issuing priority rights shares, these owners are allowed to subscribe to these rights or sell them without purchasing new rights.
(c) In the event that shares of the companies referred to in paragraph (a) of this decision are transferred through inheritance to non-Saudis, the provisions stated in paragraph (b) of this decision shall apply to them, in accordance with the procedures approved in this regard, especially the provisions included in the Securities Depository Center Rules.
Based on the above, SAMA affirms to all banks and finance companies operating that it is not permissible to lend to non-Saudis through stock Murabaha for the companies referred to in paragraph (a) of the aforementioned Capital Market Authority Board decision.
Preventing Fund Transfers without the Transferor's Knowledge of the Beneficiary
Based on Articles V and VII of the Anti-Money Laundering Law issued by Royal Decree No. (M/31) dated 11/05/1433H and its Implementing Regulations, Rule No. (5.1.2) regulating telegraphic transfers, Rule No. (4.3) on the principle of know your customer, Rule (4.4) on customer due diligence (CDD) of the Rules Governing Anti-Money Laundering and Combating Terrorist Financing, and what was stated in the sixteenth recommendation of the Financial Action Task Force (FATF) on wire transfers, which included that financial institutions are required to ensure that all wire transfers are accompanied with the required and accurate information about the originator of the transfer, the beneficiary and the purpose of the transfer.
In view of the recent fact that it has been noted that there has recently been an increase in reports received from banks operating in the Kingdom to the Financial Intelligence Unit about transfers of funds from foreign individuals with simple professions to several countries and beneficiaries, they may be misused to transfer funds to suspicious persons in exchange for sums of money, and because of the consequences of confining them and the Financial Intelligence Unit from them of useless cost at the expense of other subjects and after some investigations, it became clear that some of the transferred clients did not know the beneficiaries to whom the funds were transferred or that the purpose of the transfer was unclear.
Therefore, SAMA emphasizes the necessity for banks to verify that clients are making their transfers to beneficiaries with whom they have a connection or knowledge and that they are not making the transfer on behalf of others. Banks must add a field that includes a declaration from the client and his signature stating "knowledge that the Kingdom's regulations prohibit the transfer of money without the transferring client knowing the beneficiary (transferee) or without a legal relationship linking him to the beneficiary or without a legitimate purpose", and more effort should be made to enhance due diligence towards clients, in compliance with local regulations and rules and international recommendations. And inform us of receipt and commitment within two weeks from its date.
the Acceptance of Five-Year Iqama Permits Carried by some Tribesmen and Issued by Passport Departments in HAFR AL BATEN and ARAR as an Identification Document
SAMA has received several inquiries from banks and citizens, regarding the acceptance of five-year Iqama permits carried by some tribesmen and issued by Passport Departments in Hafr Al-Baten and Arar as an identification document.
By writing to the Ministry of Interior in this respect, SAMA received the answer of the Ministry No. 40344 dated 22-5-1409 H in which it said that the original of such permits may be accepted as an ID during its validity.
Please be informed and notify all your branches to act accordingly.
Change in the Maximum Ratio of the Financing Amount to the Value of the Property as Stated in Article Twelve of the Implementing Regulation
In reference to Article Eleven of the Implementing Regulation of the Real Estate Finance Law issued by Royal Decree No. M/50 dated 13/8/1433 H, which states that. "The real estate finance entity shall not extend credit on any form of finance exceeding 70 percent of the value of the dwelling subject of the real estate finance contract. SAMA may change such percentage according to prevailing market conditions." And based on what is required by the public interest.
I would like to inform you that SAMA has decided to increase the maximum ratio of the financing amount to the value of the residential property stated in Article 12 of the Implementing Regulation of the Real Estate Finance Law from (70%) to (85%) for real estate finance companies, excluding banks.
I would like to emphasize the necessity for commercial banks and finance companies to verify the beneficiary's repayment capacity before granting financing—of all types—taking into account the financial and credit obligations of the beneficiary, and to fully comply with the instructions issued by SAMA in this regard.
De-Risking
SAMA emphasizes the importance of the financial sectors operating in the Kingdom within the scope of their supervision to comply with the AML/CFT instructions communicated by SAMA and the standards issued by the relevant international organizations - the Financial Action Task Force (FATF) and the Basel Committee (BIS) - regarding the correct application of the risk-based approach (RBA), which is based in one aspect on financial institutions conducting a study and assessment of the risks resulting from dealing with individuals, natural and legal persons, states and various entities in a way that ensures the provision of all financial services to all segments of society.
When implementing precautionary measures in its dealings with certain countries, entities, and individuals classified as high-risk—such as those associated with countries subject to economic sanctions, those failing to comply with international standards, or those that do not fully or adequately implement such standards—it is necessary to conduct prior studies and assess the risks on a case-by-case basis. Decisions should be made individually in cases where the information provided by the client is insufficient. A blanket prohibition on financial dealings or the collective termination of financial relationships should be avoided, as this may deprive segments of society of access to financial services through licensed channels.
SAMA cautions against the misconceptions surrounding the concept of "De-risking," particularly the notion that it inherently fulfills anti-money laundering (AML) or counter-terrorism financing (CTF) requirements. De-risking should not be understood as financial institutions terminating, restricting, or avoiding business relationships with entire categories of clients solely due to the limited financial returns derived from dealing with them compared to the increased costs of enhanced monitoring and oversight. Nor should it be viewed as a means to avoid reputational risks associated with engaging with such categories.
Based on the above, appropriate measures for combating money laundering and terrorist financing must be implemented to achieve the goal of financial inclusion, ensuring that all members of society have access to affordable and accessible financial services. These measures should facilitate access for vulnerable and underserved groups, including those with limited income and residents of remote areas, rather than forcing them to turn to unregulated channels where tracking financial transactions becomes more challenging, thereby undermining the effectiveness of anti-money laundering and counter-terrorism financing efforts.
An analytical study and periodic reassessment of procedures must be conducted continuously to evaluate the financial transaction risks associated with countries, entities, and individuals. This ensures a balance between continuing to provide financial services to those who need them and maintaining full compliance with relevant local and international standards and requirements for combating money laundering and terrorist financing.
Mechanism of Dealing with Accounts Reported to Financial Investigation Unit
Referring to inquiries about the existence of accounts reported to the Financial Intelligence Unit that have been enhanced and are still active and the reporting banks have not received any feedback from the Unit.
We would like to inform you that SAMA has received the letter of His Excellency the General Supervisor of the Financial Intelligence Unit No. 1/20/1/3/2858 dated 19/05/1436 H, which states that banks are required to continue enhancing reports on accounts that have not received any feedback from the Unit in the event of transactions that differ from what was stated in the original report or a significant increase in the volume of transactions. Due diligence should be exercised in the area of knowing customers before reporting to raise the level of reporting efficiency.
The National Project for Drug Prevention (NEBRAS)
SAMA received a letter from His Excellency the Minister of Finance No. 6112, dated 11/7/1436H, attached with a copy of the telegram from His Royal Highness the Crown Prince, Deputy Prime Minister, Minister of Interior, and Chairman of the National Committee for Combating Drugs, number 778, dated 3/7/1436H regarding the launch of the National Anti-Drug Committee's for National drug prevention (NEBRAS) in partnership and coordination with relevant authorities. His Highness expressed the desire to mandate the competent authority, when preparing any similar preventive programs, to adopt the (NEBRAS) slogan to unify and integrate efforts, and to coordinate with the General Secretariat of the National Anti-Drug Committees in this regard.
Accordingly, SAMA hopes to coordinate with the General Secretariat of the National Committee for Drug Control when preparing any similar preventive programs, in order to unify and integrate efforts.
Ensure that the Recovery of Movable Assets from the Lessee, in Cases where the Contract Between the Two Parties Grants the lesser the Right to Recover them, is Conducted Exclusively through the Competent Authorities
Based on Paragraph (2) of Article (25) of the Finance Lease Law which stated that "Pursuant to the provisions of this Law, the lessor may repossess movable assets from the lessee in the events where such right of repossession is stipulated in the contract between the two parties. Repossession shall be overseen by specialized firms licensed by the Ministry of Justice in accordance with the Enforcement Law." Referring to the instructions of the Ministry of Interior prohibiting the recovery of vehicles in cases where the contract between the parties includes the lessor's right to recover them except through the competent authorities.
Therefore, licensed financing entities engaged in the activity of financial leasing must comply with the Ministry of Interior's regulations on this matter until the Ministry of Justice licenses specialized companies to perform this task, pursuant to the provisions of the aforementioned article. Additionally, we clarify that anyone who attempts to recover movable assets from the employees of the financing entities without referring to the competent authorities will be subject to legal prosecution.
Applicability of Article 12 of the Implementing Regulations of the Real Estate Finance Law on Individual Land Financing
Referring to the powers vested to SAMA under the Real Estate Finance Law issued by the Royal Decree No. (M/50) dated 13/8/1433 H and The Finance Companies Control Law issued by the Royal Decree No. (M/51) dated 13/8/1433 H, and where SAMA has received many inquiries regarding the extent to which land financing is subject to the provisions of Article Twelve of the implementing regulations of the Real Estate Finance Law issued by the decision of the Minister of Finance No. (1229) dated 10/04/1434 H.
Accordingly, SAMA confirms that the individual land financing by all real estate financiers (banks and finance companies) is subject to the provisions of Article 12 of the Implementing Regulations of the Real Estate Finance Law.
Prohibition on Sharing Customer Credit Information Except Through Credit Information Companies Authorized by SAMA
Referring to the Credit Information Law issued by Royal Decree No. (M/37) dated 05/7/1429 H and the implementing regulations issued by the decision of His Excellency the Governor No. (A Q/13709) dated 22/9/1432 H through which the general principles and necessary regulations for collection, exchanging, and protecting credit information about consumers have been established, through companies licensed by SAMA.
Therefore, SAMA emphasizes that the collection, exchange, and protection of consumer credit information is subject to Credit Information Law and its Implementing Regulations referred to above, and that any arrangements or agreements for the exchange of credit information outside the scope of companies licensed by SAMA are considered violations for the law and for its implementing regulations that requires punishment.
For your information and action accordingly, and to acknowledge receipt.
Clarification of the Provisions of Article (83) of the Implementing Regulations of the Finance Companies Control Law and Article (9) of the Regulations for Consumer Financing
Referring to Article 83 of the Implementing Regulations of the Finance Companies Control Law. which stipulates that "All fees, commissions and administrative services charges to be recovered from the Borrower by the Finance Company shall not exceed the equivalent of (1%) of the Amount of Finance or (5,000) Five thousand Saudi riyals whichever is less, "and to Article Nine of the Regulations for Consumer Financing. which stipulates that "All fees, costs and administrative services charges to be recovered from the Borrower by the Creditor must not exceed the equivalent of (1%) of the Amount of Financing or (5,000) five thousand Saudi riyals, whichever is lower."
SAMA would like to clarify that the fees and administrative service costs referred to in the above articles include all amounts that the beneficiary is required to pay, aside from the financing amount and the cost of the term, including all unavoidable fees, costs, and commissions necessary to obtain financing, such as, but not limited to, fees for studying the financing request, property appraisal fees, property inspection fees, registration fees.....etc. SAMA also emphasizes that communicating with concerned authorities to finalize the financing procedures (such as property appraisers and registration authorities) and paying the due costs to them is the sole responsibility of the bank and it is not permissible to authorize the beneficiary (customer) to pay any amounts related to third parties, taking into account that all fees and expenses the beneficiary must pay to obtain the financing must be included in the annual percentage rate.
Thermal Insulation in Buildings
Translation for review.We would like to inform that the Central Bank received the letter of His Excellency the Acting Minister of Finance No. 6491, dated 01/08/1434H, annexing to its letter No. 10764, dated 10/10/1431H, attached herewith a copy of the Royal Order No. 6927 / MB, dated 22/9/1431H, approving the mandatory application of thermal insulation to all new buildings, whether residential, commercial or any other facilities, similar to government facilities in the main cities in the regions of the Kingdom.
The Regular Amount of the Monthly Installments From the Salary One-Third From of Employees Salaries and a Quarter From of Retirees Salaries
Referring to the review of complaints submitted to SAMA, it was observed that some banks have not complied with the instructions regarding the percentage of salary deductions. In some cases, deductions exceeded the regulatory limit, surpassing 50% of the monthly salary of customers who were in default. Additionally, we refer to the instructions emphasizing the bank's responsibility to adhere to the salary deduction limits for employees and retirees who have obtained credit products (e.g., personal loans, credit cards).
We emphasize on the following:
- The monthly deduction must not exceed 33% of the employee's salary and 25% of the retiree's salary, as stipulated in SAMA Circular No. 341000076474 dated 19/6/1434 H.
- No seizing may be made on an employee's salary without an order from the competent authority, and the amount deducted each month must not exceed one-third of the net monthly salary, except in cases of alimony debts. Banks must establish a mechanism to link the monthly installment deduction directly with salary deposits to avoid the accumulation of unpaid installments, as per SAMA Circular No. MAT/552 dated 10/6/1430 H.
- The monthly installment must be deducted on the agreed date and aligned with the customer's salary deposit date in their account with the bank, as outlined in the Banking Consumer Protection Principles.
For your information, we request strict compliance with these instructions based on the bank's responsibility to assess customer risk levels before approving credit. Please inform us of the actions taken within two weeks from the date of this notice.
The Universal Copyright Convention and the Requirement of Avoiding the use of Pirated Software, and Ensuring the Use of Original Programs by Obtaining Genuine Certificates from the Software Producer.
SAMA has received the cable of HE the Minister of Finance and National Economy No. 3/1333 dated 15-2-1415 H, together with an attached copy of the cable of HE the Minister of Information No. 197/Bs dated 4-2-1415 H, referring to Royal Decree No. M/12 dated 16-7-1414 H, regarding the approval of joining the International Agreement for the Protection of Literary and Artistic Works, amended in Paris in July 24, 1971 A.D. and the presentation of the membership document to UNESCO by the Ministry of Information on 13-4-1994 A.D.
Whereas this Agreement went into effect on 13-7-1994 A.D. (5 Safar 1415 H); and
Whereas the Ministry of Information is in charge of implementing this Agreement, HE the Minister has requested us to notify all companies, banks and establishments that use the computer to refrain from using copies of software and to use only original software after obtaining an original certificate from the software producer authorizing the user to use such software. This was confirmed by the Ministry of Finance and National Economy which instructed us to notify local banks and licensed money exchangers accordingly.
We, therefore, hope you comply with the instructions of HE the Minister of Information and instruct your branches of act accordingly.
Risk of Dealing With Countries Which Have Weak AML /CTF Rules and Regulations
Further to the Central Bank's circulars regarding the statements issued by the plenary meetings of the Financial Action Task Force (FATF) regarding the risks of dealing with certain parties. And The Central Banks' requeste to identify all transactions with the countries mentioned in the statement, assess the banking relationships with them, take the necessary measures, provide the Central Bank with a detailed report on them, follow up on what is issued by other relevant authorities regarding countries and regions that have weaknesses in their AML/CFT procedures or those that do not apply or do not adequately apply the FATF recommendations or represent a high degree of risk, and take caution about existing transactions with them.
Emphasizing the provisions of paragraph (5.2) of the AML&CFT Rules (Second Update) issued by the Central Bank Circular No. 00042/MAT/829 dated 29/12/1429H, that banks and exchange houses must strengthen due diligence procedures with special attention to business relationships and operations with individuals, including companies and banks that operate or practice their activities within countries or geographical areas that do not apply or insufficiently apply the FATF recommendations.
In order to keep pace with local and international developments and requirements in the field of AML/CFT, banks and licensed exchange houses operating in the Kingdom must take appropriate countermeasures that reduce the risk of dealing with entities located in countries and regions that have weak AML/CFT procedures or those that do not apply or insufficiently apply the FATF recommendations, as follows:
- Pay particular attention to business relationships and operations with individuals (including legal persons and other financial institutions) from or in countries that have weak AML/CFT procedures or that do not apply or do not adequately apply the recommendations of the Financial Action Task Force (FATF)
- Classify the risk level of all countries mentioned by all international organizations, including but not limited to the FATF, Security Council, Chapter VII Committee of the United Nations Charter ... and others issued warning bulletins as high, medium, low risk in accordance with the classification of those organizations as a minimum, and determine the necessary action to be taken regarding monitoring transactions with them or limiting the formation of business relationships and financial operations with the concerned countries or individuals in those countries.
- Adhere to the statements of these organizations, whether the warning issued by the Financial Action Task Force (FATF) or the resolutions of the Security Council and the Chapter VII Committee of the United Nations Charter, and identify any transactions related to them and prepare detailed reports on them, follow up on what is issued by the relevant authorities and take the necessary measures regarding them.
- Strengthening customer due diligence requirements to identify the ultimate beneficiary before establishing business relationships with individuals or companies from these countries.
- Immediate cessation of dealings with entities, individuals, or financial institutions from countries subject to financial sanctions by the United Nations Security Council, including measures under Chapter VII of the UN Charter. This cessation must cover all banking and financial transactions.
- Enhanced due diligence must be exercised when entering into new business agreements or opening correspondent banking accounts with countries subject to advisory notices issued by the Financial Action Task Force (FATF), the United Nations Security Council, or the Chapter VII Committee of the UN Charter. It is essential to ensure that the correspondent bank is not listed on local or United Nations sanctions or prohibition lists.
- Immediately update the requirements to complete or fulfill AML/CFT procedures and take enhanced due diligence procedures for all banking transactions with related parties in those countries.
- Classify all banking activities and relationships conducted by the bank with entities affiliated with countries subject to advisory notices (including government relations, correspondent banking relationships, commercial relationships with companies or individuals, resident customer relationships, and others) at a risk level commensurate with the nature of these activities and relationships, as well as the risk level of the respective countries.
- Ensure that all banking activities and relationships conducted by the bank with entities affiliated with countries subject to advisory notices are for clear economic or legal purposes. Identify the ultimate beneficiaries of these activities and relationships, and based on this, determine the risk level and the necessary monitoring requirements.
- If these operations do not have a clear economic or legal purpose, the background and purpose of these operations should be studied as much as possible, and the results of this study should be kept in writing and made available when needed to assist the competent authorities.
- Conduct a comprehensive review of all commercial relationships conducted by customers, including credits and guarantees, to determine their purpose and identify their beneficiaries.
- Informing the Bank's senior management and compliance department of the Bank's current banking relationships with entities affiliated with these countries, and obtaining the necessary approvals from the Bank or the supervisory authorities regarding dealing with these countries, depending on the severity of the case.
- Strictly adhere to the instructions for reporting suspicious transactions in general, and reinforce reports related to suspicious financial transactions with those countries for which warning notices have been issued to the Financial Investigation Unit (FIU).
- Taking into account the content of all relevant international resolutions and warning bulletins issued by various regional and international organizations, referring to the websites of these organizations periodically and continuously, researching other reliable sources of information and taking the necessary measures regarding them.
- Circulate to the business sectors within the bank or exchange shop to include internal and external branches and subsidiaries to take note of the supervisory instructions issued in this regard, and verify their implementation.
Acceptance of the National ID Card or Identity Ending Date for a Maximum Period of One Month from the Date of Completion of the Payment of Checks or Receipt of Remittances from the Same Customers of the Bank
SAMA received the telegram of His Royal Highness the Assistant Minister of Interior for Security Affairs No. 1Sh/72617 dated 1/12/1430 H, including the report on the recent developments on the mechanism for issuing national identity cards, and that the delivery of renewed cards will take place fourteen days after submission, while the citizen keep his old card and it will be withdrawn from him upon receiving the new card, and that this issue has been studied comprehensively from all aspects by the competent authorities and the public interest has been taken into account when charging the citizen with the consequences of these changes in the system of issuing the national identity, as the renewal of the card may take up to a month in the event that the renewal period coincides with one of the official holidays (Eids). Therefore, banks will freeze all accounts and financial transactions of citizens unless they submit their renewed cards. It also includes His Highness's directive to accept the expired card for a maximum period of one month from the official expiry date so that accounts and financial transactions are not frozen before one month has passed from the expiry date, and the need for banks to display guidance messages to their customers to remind them of the imminent expiry of their cards in their statements of accounts and when they visit banks or when using ATMs or websites and alert them that the expiration of the card will lead to freezing their accounts.
We inform you to allow the acceptance of status cards and national identity cards whose validity date has expired for a maximum period of one month from the expiry date, for citizens who do not have bank accounts or contractual relationship agreements and wish to implement a banking service such as cashing checks or receiving internal transfers transferred to them from customers of the same bank and similar services, and SAMA stresses the need to take into account the contents of Rule No. (3-1-1) of the third update of the rules for opening bank accounts and the general rules for their operation issued under Circular No. 55777/ BCI/777 dated 16/12/1429 H concerning the freezing of the accounts of Saudi individuals, which stipulated giving a grace period of (90) days from the expiry date of the validity of the civil status card or national identity card for existing customers. It also confirms the contents of Circular No. 57409/MAT/1075 dated 6/12/1430 H regarding the need to comply with the requirements of Rule No. (3-2) that banks notify their customers of the date of account freezing at least one month before the date of freezing, and that they develop programs, procedures, means and methods to achieve this for each customer or authorized person on the customer's accounts independently for each customer and document this policy and its application processes. Failure to renew will lead to the freezing of their accounts and banking transactions, through the various means of transactions and communication available to customers.
Magnetic Residency Cards with blurred or Incomplete Images
This circular is currently available only in Arabic, please click here to read the Arabic version.Taking Caution for Distribution of Counterfeit Currencies
This circular is currently available only in Arabic, please click here to read the Arabic version.AML Guidelines Related to Funds Transfer Services
Further to SAMA Circular No. 107 dated 14/2/1428 H, regarding activating the role of banks in providing financial transfer services to their customers easily and simply, implementing marketing programs to attract customers to benefit from these services, fully complying with the regulations and instructions issued in this regard, taking the necessary precautionary measures to detect abnormal transactions in their early stages, informing the concerned authorities immediately thereof, and providing SAMA with reports on what has been taken regarding these directives.
We would like to report that through the presentation and analysis of the banks' responses received by SAMA, it became clear that banks are seeking to diversify their financial transfer services through the multiple transfer channels represented by the bank's branches and transfer centers spread throughout the Kingdom and using the electronic banking means available at the bank such as ATMs, Internet, phone banking and mobile transfer service.
In view of the effective role of these services provided by banks in reducing the phenomenon of illegal transfer, which is considered a port for money laundering and other crimes and violations. SAMA urges all banks to take the following steps:
- Introducing new, more competitive and secure money transfer channels, especially for banks that may suffer from a lack of diversity of their transfer channels in line with international best practices.
- The importance of studying the needs of customers, especially expatriates to the Kingdom, and identifying the categories of nationalities from countries that the bank can serve significantly, in order to force the expansion of the development of new channels that meet their needs and increase the number of correspondents in those countries.
- The need to educate citizens and residents about the danger of using irregular channels, and urge them to use regular channels, and to redouble marketing efforts to introduce financial services, especially remittances provided by the bank.
- Ensure the application of all necessary precautionary measures when providing these services and ensure their effectiveness to detect suspicious operations early.
We hope to report within three months from its date on what has been taken in this regard.
Statistics and Data About AML and CTF
This section is currently available only in Arabic, please click here to read the Arabic version.Non-Execution of any Transfers Outside the Kingdom for the Benefit of any Unlicensed Exhange Institutions or any of their Owners
This section is currently available only in Arabic, please click here to read the Arabic version.Dissemination and Disclosure of Classified Information and Documents
No: 351000076667 Date(g): 14/4/2014 | Date(h): 14/6/1435 Status: In-Force Translated Document
In response to the Royal Circular No. 16749 dated 4/5/1435H, which emphasizes that all governmental entities must maintain and care for their documents and address any shortcomings in their conditions, and to the Royal Circular No. 46315 dated 24/12/1434H, which restricts the handling of confidential documents to authorized personnel only, and mandates that each governmental entity educate its employees about the importance of maintaining the confidentiality of information and documents, as well as the penalties associated with their disclosure and the implementation of the Penal Law on Dissemination and Disclosure of Classified Information and Documents 1432H
Attached, you will find the document Instructions for Handling Confidential Documents and Information No. (2-1434) dated 22/4/1434H. Please ensure that all employees under your supervision read and understand it thoroughly, and take responsibility for complying with the instructions contained therein.
Instructions for Handling Confidential Documents and Information
No: 2-1434 Date of Event
22/04/1434 AH
04/03/2013 M
Date of Last Modification Subject: Confidential Documents and Information Objective:
To establish the controls and procedures that must be followed when handling confidential documents.
Definitions:
For the purposes of this document, the terms and phrases listed below shall have the meanings indicated next to each:
1- Confidential Documents: Any type of medium that contains confidential information or data, classified into the following levels of confidentiality:
A- Highly Confidential Documents and Archives: Documents and archives whose disclosure could harm the security of the state.
B- Very Confidential Documents and Archives: Documents and archives whose disclosure could harm public or private interests.
C- Confidential Documents and Archives: Documents and archives related to individual subjects or cases whose disclosure or access could negatively affect the social life of groups or individuals.
2- Confidential Information: Any data or information sourced from confidential documents.
3- Employee: Any employee or contractor with the institution (full-time or part-time) directly or through a contractor working on behalf of the institution.
4- Automated System: The automated incoming and outgoing system or "Sama Net" system.
5- Envelope: A container or holder for documents to be sent to another entity within or outside the institution.
Controls:
First: Compliance with the provisions of Penal Law on Dissemination and Disclosure of Classified Information and Documents issued by Royal Decree No. (M/35) dated 08/05/1432 H.
Second: Compliance with the following:
1- It is prohibited for any employee or contractor, even after the termination of their service, to publish a confidential document or disclose confidential information obtained or learned by virtue of his position, as the publication or disclosure remains prohibited.
2- It is prohibited to remove confidential documents from the institution, exchange them, or exchange confidential information with others by any means, or to retain them in locations not designated for their storage, or to remove them from the institution for the purpose of working on them or leaving them in a vehicle. It is also prohibited to print, copy, or photograph them outside the institution or send them via unencrypted automated devices, except as required by work needs.
3- Confidential documents must be stored in a manner that prevents unauthorized individuals from accessing, handling, or photographing them.
4- Confidential documents should be handled in sealed envelopes suitable for confidential documents, to be used only once and marked with a seal indicating the confidentiality of the contents upon opening, specifying the level of confidentiality.
5- Confidential documents must be delivered or received within or outside the institution using a delivery receipt form, noting the recipient's name and date alongside their signature upon receipt, with the forms retained by the sending entity.
6- The delivery of confidential documents should be conducted either by the sender themselves or by designated employees responsible for ensuring the prompt and safe delivery of the envelope to the recipient, who should be the designated individual or officially authorized to receive them.
7- Confidential envelopes may only be opened by the individual concerned with the document or by officially designated individuals authorized to open such envelopes.
8- The sending entity or individual must track the receipt of these documents through the automated system or delivery receipt form or personal contact with the recipient, within the expected timeframe for completing the delivery process.
9- In cases where a confidential document envelope does not have a number issued by the sending entity, the current date/SR (Model 330329/SR) should be recorded as a temporary issued number in the automated system, until the envelope is opened by the concerned individual, after which the issuing entity's number should be modified and the subject name updated in the automated system of the receiving entity.
10- Envelopes opened from general incoming mail that are found to contain confidential documents, as well as envelopes that have not been opened but are inadequately stored for handling confidential documents, should be re-enveloped in envelopes designated for handling confidential documents, with the sending entity's issued number noted (the temporary number in the absence of an issued number from the sending entity), and then the necessary procedures for sending them to the concerned department should be completed.
11- Each department must organize the handling of confidential documents and transactions in accordance with the nature and type of confidential transactions received or issued, ensuring their protection from loss, damage, or unauthorized access. This includes the following:
A- Designating a secure location accessible only to authorized personnel for storing the department's confidential documents.
B- Assigning one or more employees to this task if necessary.
C- Documenting the procedures and steps for handling transactions that contain confidential documents in collaboration with the development department, including the mechanisms for receiving and recording the transaction and processing it, ending with the response to the concerned entity.
Responsibilities:
The responsibility for updating this document as needed lies with the Administrative Affairs Department.
Attachments:
1- Penal Law on Dissemination and Disclosure of Classified Information and Documents
References:
This document has been prepared after reviewing the following:
1- Circular No. 12457/T.D/75 dated 06/03/1433 H.
2- Circular No. 22272/M.B dated 25/08/1425 H.
3- Circular No. 8541/M.B dated 18/04/1424 H.
4- Circular No. 13211/N.Z/A.D dated 20/10/1417 H.
All previous instructions that contradict this document are canceled effective from the date of its issuance.
Customer Credit Records
Referring to the complaints recently submitted to SAMA and what has been observed regarding the delay of some members of the Saudi Credit Bureau (SIMAH) in updating the records of customers who have defaulted on their debts, or the inclusion of disputed information pending before judicial authorities and committees, which has caused disruptions to customers' interests. And referring to Credit information Law and its implementing regulations, and also the Banking Consumer Protection Principles issued by Circular No. 341000095960 dated 03/08/1434 H. SAMA would like to emphasize the members' responsibility to do the following:
- Update customers' credit information periodically at least once a week.
- Refrain from providing credit information companies with negative data about the customer, that involves a dispute or complaint without notifying them that the negative information is currently under dispute or complaint.
We hope to review and act accordingly, and inform SAMA of the measures taken within two weeks from its date, noting that SAMA will investigate any violations of the instructions is detected in accordance with Article (10) of the implementing regulations. The "Committee for Reviewing Violations and Resolving Credit Information Disputes" will take appropriate measures regarding the customers’ objections that have been previously rejected, as well as the violations submitted to it by SAMA in accordance with the provisions in Article (12) and (13) of the Credit Information Law.
The Approval of the Kingdom's Membership in the Bern Convention for the Protection of Literary and Artistic Works, as Amended in Paris
Reference Council of Ministers Decision No. 79 dated 14/7/1414 H regarding the approval of the Kingdom's membership in the Bern Convention for the Protection of Literary and Artistic Works, as amended in Paris on 24 July, 1971 A.D, (copy attached), Royal Decree No. M/12 dated 16-7-1414 H (a copy attached) has approved the Kingdom's membership.
Please be informed and comply with the provision of the Council of Ministers Decision referred to above.
The value of the checks required to be issued in favor of the Unified Agents Office for Hajj
SAMA has received the letter of HE the Minister of Finance & National Economy No. 3/901 dated 3/2/1410 H with a copy of a letter from the Minister of Hajj & Awkaf No. 526/1410/1 dated 21/1/1410 H stating that the United Office of Agents noticed, during the Hajj operations this year, that some checks for service fees received by the Office from pilgrims have been issued by Saudi banks & money exchangers and sent to the pilgrims by their relative in the Kingdom. But the amount of these checks is often more or less than the actual amount mentioned in pilgrims instructions. This causes confusion in the Office resulting in the piling of pilgrims at airports and negatively effect the pilgrim when the value of the check is in excess of or less then the actual value of the services rendered to him, where they have either to pay the shortage or collect the excess.
To facilitate the reception of pilgrims and making their journey comfortable, the Minister of Hajj & Awkaf has requested that banks and money exchangers be instructed to quote the amount of checks to be issued to the order of the Hajj Office for this purpose exactly as per pilgrim instructions for the two following categories:
a - SR 789, as service fee for guide and transport in non air-conditioned buses.
b - SR 879, as service fee for guide and transport in air-conditioned buses.
Please be informed and advise your branches to act accordingly so that future checks issued by you shall be exactly equal to the above figures. Please acknowledge receipt.
Emphasis on Unified Contact with the Anti-Corruption Authority through the General Administration of Legal Affairs at SAMA
In reference to SAMA's desire to unify the means and channels of communication with the National Anti-Corruption Authority in order to address the Authority's requests using a unified approach according to the regulations and striving to facilitate work procedures and unify efforts to achieve the Authority's desired objectives.
Therefore, communication with the National Anti-Corruption Authority will be conducted through SAMA (General Administration of Legal Affairs).
Prompt Implementation of Judgments and Judicial Decisions
Respecting the rulings and decisions issued by various judicial authorities is a fundamental pillar in maintaining the stability of legal status for any sector, it facilitates the swift attainment of rights for their rightful owners and prevents the disruption of their interests. Furthermore, an entity's initiative to promptly execute judicial rulings and decisions against reveals effective management and prudence within that entity.
Therefore, those entities and sectors must devote significant care and attention to ensuring compliance with the receipt and delivery of judicial rulings and decisions, and work to implement them as quickly as possible, without delay or procrastination, if the entity against which the ruling or judicial decision has been issued has a differing viewpoint, it should present this to the relevant authorities in accordance with the regulations, ensuring compliance with the designated timeframes without delay.
For your information and to notify the relevant departments to act accordingly.
Issuance of the Implementing Regulations of Payments and Payment Services Law
Based on the powers of the Saudi Central Bank under the Law of Payments and Payment Services issued by Royal Decree No. (M/26) dated 22/3/1443H, and in light of SAMA's supervisory and regulatory role and its strategic direction for the payments sector in the Kingdom, we would like to inform you of the issuance of the Implementing Regulations of Payments and Payment Services Law on 24/11/1444H, corresponding to 13/6/2023, as per the attached document, The Payment Services Providers Regulations issued by the central bank on 5/6/1441H, corresponding to 30/1/2020, are hereby revoked and replaced by the Implementing Regulation as of the date of issuance. SAMA emphasizes that payment service providers and operators of payment systems subject to the law and regulation must adhere to all provisions contained in the Implementing Regulations, SAMA also emphasizes the necessity of submitting a plan outlining the corrective actions to ensure compliance with the provisions of the law and the Implementing Regulations, which should not exceed six months from the date the regulation comes into effect.
For your information and action accordingly.
Rules for Dealing with Old or Damaged Machines in Local Banks
SAMA wishes to inform all licensed banks and exchange shops of the necessity to exercise caution when dealing with damaged machines and other possessions affiliated with the bank that are slated for disposal, such as ATMs, point-of-sale machines, computers, imaging machines, and related documents and records, as well as tapes and discs used for imaging or recording and similar items.
In this regard, SAMA would like to emphasize the importance of banks developing appropriate policies and procedures for the mechanism for the disposal of those machines and their accessories in a manner that ensures the confidentiality of the information recorded on them. Banks should avoid discarding these machines as waste after they are no longer needed, as this may provide an opportunity for tampering with the machines or using them in irregular ways, and also reaffirm the need for local banks and exchange shops to abide by their regulatory responsibility in dealing with damaged machines and the information they contain.
Contribute to the Activation of the Kingdom's Social Responsibility Day
Referring to the request received from the Ministry of Human Resources and Social Development, based on the Minister Council Decision No. (320) dated 28/04/1444 H, which stipulates that the 23rd of March each year will be Social Responsibility Day in the Kingdom, and to emphasize the importance of enhancing social responsibility in the private sector.
SAMA hopes to contribute to the activation of Social Responsibility Day by launching development initiatives or awareness campaigns that highlight these initiatives. Please provide SAMA with a report detailing your contributions to this effort, please be advised that you will receive an electronic copy of the guideline for using the campaign logo via email.
Amendments on E-Wallets Recharge on MADA Cards
Based on the powers vested to SAMA under its law issued by Royal Decree No. M/36 dated 11/04/1442 H and the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386 H, and the Minister Council Decision No. 226 dated 02/05/1440 H, and referring to Circular No. 391000075005 dated 02/07/1439 H regarding the use of MADA bank cards for buying products through Internet, which included a pricing model for MADA e-commerce transactions.
We would like to inform you that the fees for charging e-wallets with Mada cards via the e-commerce channel have been amended as follows:
- The Merchant Service Charge is set as a fixed fee of up to (1.5 SAR), instead of the previous fee which was set at 1.75% of the transaction value. - The Interchange Fee is set as a fixed fee of (50 Halalas), instead of the previous fee which was set at 0.70% of the transaction value. SAMA emphasizes that banks and payment service providers must comply with the following instructions:
- The use of the above-mentioned fees is limited to charging e-wallets with Mada cards via the e-commerce channel. - It is required to use the MCC classification code: (6540) when providing the e-wallet charging service with Mada cards via the e-commerce channel. - Clarify the details of all fees in the new Merchant Service Agreements and update the current agreements accordingly, ensuring that the merchant accepts them before signing. For your information and action accordingly as of 01/10/2021G.
Changing the Date of Disbursement of Pensions and Insurance Benefits to Clients of the General Organization for Social Insurance those Who are Addressed by the Provisions of the Civil Retirement and Military Retirement Laws
Referring to the letter received by SAMA from His Excellency the Governor of the General Organization for Social Insurance regarding the intention of SAMA to change the disbursement date for pensions and insurance entitlements for beneficiaries subject to the provisions of the Civil Retirement and Military Retirement Laws to the first day of each Gregorian month, starting from May 2024 and to facilitate this transition and activate the new dates, the disbursement of pensions and entitlements for beneficiaries under the Civil and Military Retirement Laws for the months of April and May 2024 will be as follows:
Payment Month (Gregorian)
Payment/Deposit Date
April 2024
25/04/2024 (as previously practiced)
May 2024
01/05/2024 (new unified payment date at the beginning of each Gregorian month)
Therefore, and pursuant to the relevant regulations assigned to SAMA and the instructions issued regarding Debt Collection Regulations and Procedures for Individual Customers, and Circular No. (41043218) dated 22/06/1441 regarding the procedures for depositing salary payments and the supplementary instructions thereto, and to ensure the stability and safety of the financial sector, it is essential to take the necessary preparations to implement and be ready for the following:
- Banks must ensure the disbursement and deposit of pensions and insurance entitlements for the months of April and May 2024 for beneficiaries under the Civil Retirement and Military Retirement Laws according to the dates indicated in the table above. - Banks must unify the disbursement and deposit of pensions and insurance entitlements for the beneficiaries under the Civil Retirement and Military Retirement Laws to the first day of each Gregorian month starting from 01/05/2024. - Banks and finance companies must consider aligning the payment or collection of scheduled debts and credit obligations with the new dates for salary/pension payments. we would like to note that the opening time for the operational cycle of the Saudi Rapid Money Transfer System will be modified to the beginning of each Gregorian month—rather than the 25th of each month—to be at 12:05 AM (midnight) after completing the payment of entitlements for beneficiaries under the Civil and Military Retirement Laws for April on 25/04/2024. If the payment date coincides with the weekend holiday, the opening time for the operational cycle of the Saudi Rapid Money Transfer System will be advanced to the last working day before the holiday.
Outsourcing Forms - March 2021
Further to the SAMA's instructions on Rules on Outsourcing, issued under Circular No. 41027017 dated 18/04/1441H, and in an effort to unify and streamline the requirements that must be attached when submitting non-objection requests for outsourcing tasks to a third party, and in light of observations regarding non-compliance in some requests with SAMA's instructions, including those related to outsourcing tasks to a third party, as well as instructions from other relevant regulatory authorities, and the lack of required documents in some requests:
We would like to emphasize the following:
- Banks must exercise due diligence to ensure that the request complies with all SAMA’s instructions, particularly the instructions on outsourcing tasks to a third party, as well as the instructions of other relevant regulatory authorities.
- Attach the Third-Party Task Delegation Form (after completing it) provided above and submit it in PDF/Word format as part of the outsourcing request.
- Fulfill all requirements and attach all documents as specified in the provided form.
Additionally, we stress the importance of completing all the information, documents, and requirements outlined in the attached form to facilitate the processing of the request.
For your information and action accordingly as of this date.
- Banks must exercise due diligence to ensure that the request complies with all SAMA’s instructions, particularly the instructions on outsourcing tasks to a third party, as well as the instructions of other relevant regulatory authorities.
Updating Professional Certifications in Banking, Finance and Retail Banking
In reference to SAMA Circular No. (41025433) dated 12/04/1441H (attached), which stipulates the mandatory requirement for bank employees, including those in financial transfer centers, financing companies, and money exchange institutions, to obtain professional certifications as outlined in the circular.
We would like to inform you that the Financial Academy has updated the educational materials for the Professional Certificate in Fundamentals of Retail Banking and the Professional Certificate in Exchange and Transfer Operations. The updated materials can be accessed as follows:
- Fundamentals of Retail Banking: retail_banking.pdf (Fa.gov.sa)
- Exchange and Transfer Operations: Exchange.pdf (Fa.gov.sa)
SAMA reiterates the importance of complying with the aforementioned circular and ensuring that employees of banks, financial institutions, and transfer centers obtain the required professional certifications.
For your information and necessary action.
Working Hours of Feeding and Maintaining ATMs and Transferring Funds during the Holy Month of Ramadan for the year 1445 H
Referring to the powers of SAMA in issuing instructions related to financial institutions and their business, in accordance with the provisions of its law issued by Royal Decree No. (M/36) dated 11/4/1442 H. SAMA confirms to all banks and exchange centers to adhere to the working hours shown below throughout the days of the Holy month of Ramadan, as follows:
First: The working hours of transferring money to branches, cash centers, transfer centers, exchange centers, and the retail sector shall be from nine in the morning until ten in the evening.
Second: The working hours of feeding and maintaining ATMs are throughout the week, including official holidays and weekends, and 24 hours a day for the main cities (Makkah, Madinah, Riyadh, Jeddah, Dammam Al-Khair), commercial centers, airports, and train stations. As for the rest of the cities of the Kingdom, it is from (seven) in the morning until (ten) in the evening, except for what is determined by the security authorities.
We also stress the need for banks and exchange centers to abide by the security precautions stipulated in the Law on Transporting Money, Precious Metals, and Negotiable Instruments promulgated by Royal Decree No. (M/81) dated 18/10/1428H. and its implementing regulation issued by Ministerial Resolution No. (4814) dated 9/10/1433 H. and circulars issued by SAMA in this regard.
Confirmation that the King Salman Humanitarian Aid and Relief Center is the Only Entity Authorized to Receive Relief, Humanitarian and Charitable Donations and Deliver them to those in Need Abroad
In reference to the Royal Decree No. (55871) dated 9/11/1436 H stipulating that the King Salman Humanitarian Aid and Relief Center is the only entity that receives any relief, charitable, or humanitarian donations, whether their source is governmental or private, to deliver them to those in need abroad, and further to SAMA Circular No. (67/13048) dated 29/02/1440 H and the instructions issued in this regard.
I would like to emphasize that the King Salman Humanitarian Aid and Relief Center is the only entity authorized to receive relief, humanitarian and charitable donations and deliver them to those in need abroad; and therefore it is necessary to ensure that this type of donations and external transfers are made through the King Salman Humanitarian Aid and Relief Center and to review donation operations through external platforms using bank and credit cards, and the importance of continuing efforts in following up on awareness and taking the necessary measures when providing and monitoring services.
Electronic Integration with (Elm) Company to Benefit from the Digital Document Service
Further to SAMA's Circular No. (43010538) dated 02/02/1443H, regarding the acceptance of the electronic identity for existing customers in transactions that do not require a physical copy, and establishing an suitable mechanism for obtaining an electronic copy of the identity for transactions that require one.
We would like to inform you that the Ministry of Interior has launched the "Digital Document" service, which allows for obtaining an electronic copy of the digital identity, in addition to verifying its authenticity, validity period, and the reference number generated for inquiry operations. This service can be accessed via QR code readers or by entering the national ID/residence number.
Accordingly, SAMA emphasizes the technical integration with (Elm) Company to utilize the Digital Document service, in direct coordination with the company. SAMA must be notified if any challenges or difficulties are encountered in the implementation. Furthermore, SAMA reiterates the obligation to comply with the provisions of the relevant laws, regulations, and instructions, and affirms the client's right to freely choose between presenting the physical or digital identity when dealing with the financial institution.
Prohibition on Using Social Media Applications for Exchanging Official Data or Documents
In line with SAMA’s commitment to safeguarding the data of financial institutions and their clients, which is crucial for maintaining trust and stability in transactions, and with reference to the instructions issued by SAMA in this regard,
We would like to inform you that all financial institutions are required not to use social media applications for exchanging any official data or documents, whether directly or indirectly. Such exchanges must occur through official, secure, and approved channels, given the potential negative impacts and risks associated with using social media and instant messaging applications for data or document exchanges.
Update the Requirements for Appointments to Senior Positions
In reference to the second edition of the Requirements for Appointments to Senior Positions in financial institutions under the supervision of SAMA, communicated through Circular No. 67/1994, dated 10/01/1441H.
We would like to inform you that the aforementioned requirements have been updated to include "Finance Support Activities." The updated version can be accessed on SAMA's website.
Rules for Dealing with E-Commerce Payment Service and Support Providers
Based on the powers granted to SAMA under its law issued by Royal Decree No. M/36 dated 11/04/1442H, the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386H, and the Law of Payments and Payment Services issued by Royal Decree No. M/26 dated 22/03/1443H, and its Implementing Regulations issued on 24/11/1444H, and communicated through Circular No. (44093096) dated 16/12/1444H, and in reference to Paragraph 9 of Article 7 of the Implementing Regulations of Payments and Payment Services Law regarding services that are not considered related payment services, which states: "Services provided by technical service providers, including, for example, technical services," and referring to SAMA’s Circular No. (42080528) dated 18/11/1442H, regarding the Rules for Dealing with E-Commerce Payment Service and Support Providers.
Accordingly, SAMA emphasizes that the linkage and technical support services for e-commerce payment services are considered supporting services for payment services, which do not require a license from SAMA at this time. Companies engaged in these services must obtain all necessary technical permits from Saudi Payments, and their services must be limited to linkage and technical support only, without including the following aspects:
- Directly contracting with merchants, registering them, and carrying out matching procedures and verifying the validity of the merchant's data and information in order to fulfill KYC requirements and requirements related to AML/CFT and Counter-Fraud.
- Finalizing the financial settlement procedures and depositing funds into the merchant's bank account.
Accordingly, SAMA would like to emphasize the following:
- Banks must comply with dealing only with licensed companies providing payment services, and to notify SAMA immediately if they discover that an unlicensed company is providing any related payment services.
- Banks, and payment service providers may contract with companies practicing linkage and technical support services for e-commerce payments, after verifying that they have obtained all necessary technical licenses, and taking into account the Rules on Outsourcing and related instructions and controls, including the operational and technical requirements of the (MADA) system and the (MADA) Fee Guide.
For your information and action accordingly, noting that this circular supersedes Circular No. (42080528) dated 18/11/1442H, regarding the Rules for Dealing with E-Commerce Payment Service and Support Providers as mentioned above.
- Directly contracting with merchants, registering them, and carrying out matching procedures and verifying the validity of the merchant's data and information in order to fulfill KYC requirements and requirements related to AML/CFT and Counter-Fraud.
Termination of the Use of Denominations of Omani Currency and Withdrawal from Circulation (Before the Sixth Edition 2020)
Referring to Central Bank of Oman Circular No. (1201) issued on 24 Jumada II 1445H corresponding to 7 January 2024G, which includes the announcement of the termination of the use of all Omani banknotes (before the sixth edition 2020G) and withdrawing them from circulation within a maximum period of (360) days from the date of publication of the announcement, as these currencies will become unfit for use or circulation as legal cash after 31 December 2024 G and that whoever owns the banknotes mentioned in the announcement must replace them with any banknote from the sixth edition denominations that are valid for circulation before the expiry of the above-mentioned period.
Accordingly, SAMA would like to inform you about the decision of the Central Bank of Oman referred to above regarding the termination of the use of denominations of Omani currency before the sixth edition (2020) and withdrawing them from circulation, according to the period referred to.
Requirement to Provide Insurance Coverage for Board Members Against Failures and Professional Errors
Based on the powers vested to the Saudi Central Bank under its law issued by Royal Decree No. (M/36) dated 11/04/1442H, the Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386H, and the Finance Companies Control Law issued by Royal Decree No. (M/51) dated 13/08/1433H, and in light of the Central Bank’s supervisory and regulatory role over the financial institutions under its supervision, and in support of the stability and growth of the sector.
SAMA would like to inform that all financial institutions under its supervision and listed on the Saudi Stock Exchange - (TASI) Main market or (NOMU) Parallel Market - are required to provide insurance coverage for their board members against failures and professional errors. It is important to note that this insurance coverage does not exempt board members from their legal obligations or from any penalties or violations arising from non-compliance with the relevant Laws and instructions.
Financing Amount to the Value of the First Home of Customers whose Properties are Covered within the Scope of Expropriation
In reference to Article (Eleven) of the Implementing Regulation of the Real Estate Finance Law issued by Royal Decree No. (M/50) dated 13/08/1433 H, which stipulates that "The real estate finance entity shall not extend credit on any form of finance exceeding 70 percent of the value of the dwelling subject of the real estate finance contract. SAMA may change such percentage according to prevailing market conditions", and the subsequent circulars issued by SAMA in this regard, and referring to the state's decisions to expropriate some real estate for the public benefit.
We would like to inform that real estate finance entities may grant real estate financing to beneficiaries whose properties have been subjected to expropriation decisions in accordance with to the percentages specified by SAMA for the first home. Before granting the financing amount, real estate finance entities must verify that the beneficiaries are entitled to their properties to be within the scope of expropriation and are considered the first home. While emphasizing compliance with all relevant laws, instructions and regulations issued by SAMA and other regulatory authorities.
Presenting and Promoting Products with a Trademark Different from the Original Identity and Trade Name of the Financial Institution
Based on the Saudi Central Bank Law issued by Royal Decree No. (M/36) dated 11/4/1442 H, and the powers vested in SAMA under the relevant regulations, and based on SAMA's continuous efforts to protect customers of financial institutions, and to enhance the principle of disclosure and transparency in the financial sector, and a desire to determine the minimum standards and procedures that financial institutions must adhere to when introducing new products and promoting them with a brand different from the identity of the original financial institution and trade name.
We would like to note that when a financial institution offer and promote products under a brand different from the original financial institution's identity and trade name, the financial institution must comply as a minimum with the following:
First: Compliance with the laws, regulations and instructions issued by SAMA, and what may be issued by SAMA in this regard, and avoiding any act that would cause confusion and mislead customers.
Second: Include the risk management strategy and policy of the financial institution on the procedures to be taken in the event of impersonating the identity of the financial institution or its trademark, especially for risks related to cybersecurity and financial fraud.
Third: Contracting with trademark protection service providers to monitor cases of brand theft of all types and methods, and take the necessary action in this regard, whether theft is through traditional means or through social media platforms and websites.
Fourth: Review and update the relevant policies, such as the usage and data privacy policy, when referring to the financial institution's trademark or its updated digital domains, and inform the concerned parties of this.
Fifth: Registration of the trademark (new/updated) with the relevant authorities before using it and notify SAMA thereof.
Sixth: Conducting a promotional campaign to advertise the new brand with clarification of the trade name of the financial institution stipulated in the commercial register.
Seventh: Using the trade name and trademark together when communicating with customers by phone, and it is sufficient to refer to the trade name and brand together when communicating with customers via text messages for the first time.
Eighth: Stipulating the trade name, trademark and license number on the websites of the financial institution.
Ninth: Stipulating the trade name and trademark together when indicating that the financial institution is subject to the supervision of SAMA.
Confirmation of the Application of the Provisions of the the law on the use of surveillance cameras, its Implementing Regulations, the Document of Security Conditions and Requirements for the Installation of the Surveillance System
Based on the powers vested in SAMA under the relevant laws and regulations, and with reference to Royal Decree No. (M/34) dated 7/3/1444 H, approving the law on the use of surveillance cameras and to the implementation regulations issued by the Ministry of Interior pursuant to Resolution No. (22688) dated 3/11/1444 H. Clause (Fourth) of which includes that the categories covered by the provisions of the Law must install the devices of security surveillance camera laws according to the classification of the sensitivity of the sites, and the classification of financial institutions among the highly sensitive entities and the Security and Safety Guide for the Financial Sector in the Kingdom, issued pursuant to SAMA Circular No. (67/2108) dated 10/01/1441 H, in order to achieve the highest standards of security and safety.
Accordingly, SAMA stresses the need to implement the provisions of the law on the use of surveillance cameras, its implementing regulations, the document of security conditions and requirements for the installation of the surveillance law, and the general technical specifications of the devices of security surveillance camera laws, in addition to adhering to the requirements of the security and safety manual for the financial sector referred to above, and the updates issued by it.
Using Instant Chat Applications to Communicate with Customers
Based on the powers vested in the Central Bank under its law issued by Royal Decree No. (M/36) dated 11/04/1442 H, and other relevant regulations, and based on SAMA's keenness to enhance the quality of practices and procedures followed by the financial institutions subject to its supervision and reduce risks.
Therefore, in view of the risks associated with the use of instant chat applications such as WhatsApp and similar applications in communicating with customers, I inform you that financial institutions must comply with the following:
- Not to use instant chat applications such as WhatsApp and similar applications in communicating with customers, and to consider them unreliable channels, and to include evidence of preventing this practice in the relevant internal policies.
- Study the availability of alternative and secure channels, such as benefiting from the activation of instant chat services (Live Chat) or (Chat Bot) within the application or website of the financial institution, and taking into account compliance with personal data protection requirements.
To take note and act accordingly as of its date, and to educate the employees of the financial institution about the contents of the above instructions, while conducting the necessary evaluations to verify compliance with them, including all employees of branches, customer service and marketing, and taking the necessary action.
Financing Product for Private Dental Healthcare Facilities
Further to SAMA Circular No. (67/59878) dated 07/10/1440H, based on the Royal Decree No. (58005) dated 01/12/1437H. which urges banks to introduce a financing product to support Saudi dentists in establishing their own facilities, addressing their needs and aligning with their academic specialties.
SAMA urges all banks to offer specialized financing products for establishing a dental establishment for newly graduated Saudis, taking into account that the requirements for obtaining this product are consistent with the nature of these establishments. Note that the "Kafalah" program is ready to provide the necessary support regarding the required guarantees when granting financing to this category. For further information, please contact the program specialists via email: (BD@kafalah.gov.sa).
Completion of Technical Approvals for Launching the Service Enabling Individual Customers to Access Their Bank Account Details
In reference to SAMA Circular No. (42047169) dated 06/07/1442 H, regarding the launch of the “SARIE” instant payments system, and with reference to Saudi Payments' development of the rules for the system to include a service that enables individual customers in all member banks to know their bank accounts, which aims to combat fraud and related risks and protect customers, and the arrangements made in this regard with Saudi Payments.
Therefore, we inform you that all banks must adhere to the following:- Completing the technical permits and necessary procedures for the above-mentioned service before 12/10/2023G, in coordination with Saudi Payments via email: (onboarding@saudipayments.com).
- Launching the service for the bank's individual customers on 10/21/2023G, as stipulated in the rules of the “SARIE” instant payments system.
- Announcing the service through the Bank's various channels to enable individual customers to benefit from it, in coordination with Saudi Payments.
For your information and action accordingly, taking into account compliance with all relevant regulations and instructions.
- Completing the technical permits and necessary procedures for the above-mentioned service before 12/10/2023G, in coordination with Saudi Payments via email: (onboarding@saudipayments.com).
Emphasis on the Obligation to Replace Damaged Saudi Banknotes
Further to the instructions of SAMA communicated by Circular No. (42015322) dated 11/03/1442 H, regarding the assignment of banks to receive and replace damaged banknotes from beneficiaries after ensuring their safety from counterfeiting, and the need for banks to provide sound and valid banknotes, and based on SAMA's keenness to withdraw banknotes that are not valid for circulation, SAMA emphasizes that all cash categories must be replaced according to the mechanism specified to accept and replace damaged cash provided by beneficiaries, as follows:
- It must be one of the circulating Saudi monetary issues, and the replaced banknote must be clearly marked, and its area must not be less than 60% of the size of the original note.
- The two signatures (Minister of Finance and Central Bank Governor) or the two serial numbers should not be missing.
- It should not be damaged by deliberate causes, or glued to parts of different banknotes.
- Damaged banknotes must be presented to a SAMA Branche by the holder in the following two cases:
A - The banknote's features are not clear as a result of exposure to fire or other factors such as corrosion, washing, exposure to chemicals, or security inks.
B - If the amount of compensation exceeds ten thousand riyals.
Therefore, I hope to emphasize to all banks branches, and cash centers to circulate sound cash, withdraw damaged and invalid cash from circulation, and coordinate with SAMA branches to deposit them, noting that SAMA will follow up the commitment of banks to implement the above-mentioned procedures for replacing damaged cash, and take regular measures in case of non-compliance. Emphasizing that the instructions contained in this circular replace the previous instructions contained in the above-mentioned circular issued regarding the replacement of damaged Saudi banknotes with the number (42015322) dated 11/03/1442 H.
For your information and action accordingly.
- It must be one of the circulating Saudi monetary issues, and the replaced banknote must be clearly marked, and its area must not be less than 60% of the size of the original note.
Raising Customer Awareness of the "Tamweel" Portal Approved by the General Authority for Small and Medium Enterprises (Monsha'at)
Referring to SAMA circular No. (41051780) dated 1441/08/08H and No. (43104408) dated 26/12/1443H regarding the "Tamweel" electronic portal approved by the General Authority for Small and Medium Enterprises (Monsha'at). These circulars emphasize encouraging financing entities to provide their services to entrepreneurs and owners of micro, small, and medium enterprises through the "Tamweel" electronic portal.
Accordingly, SAMA reiterates the instructions outlined in the aforementioned circulars, emphasizing the necessity of guiding customers who are entrepreneurs and owners of micro, small, and medium enterprises—if their financing requests are denied for any reason—to refer to the "Tamweel" electronic portal. They should submit a new application to benefit from the services offered through the portal, finding alternative financing solutions and opportunities. This approach contributes to enhancing competition among financing entities, presenting financing offers to these enterprises across various geographical regions, and thereby increasing their contribution to the national economy.
For your information and compliance.
Encouraging the Presence and Provision of Banking Services in the Central Areas of the Two Holy Mosques
Based on SAMA’s authority to issue instructions related to financial institutions and their operations in accordance with the provisions of its law issued under Royal Decree No. (M/36) dated 11/04/1442H, and in reference to the SAMA's circular No. (45052183) dated 11/08/1445H regarding the extension of working hours for branches operating in Makkah and Madinah. This initiative aims to enhance the efforts to elevate the experience of the Guests of Allah and facilitate their access to financial services, specifically currency exchange services for pilgrims and Umrah performers.
Accordingly, SAMA requests local banks and their affiliated money transfer centers to maintain a presence in the central areas of the Two Holy Mosques and provide banking and money transfer services to serve pilgrims, Umrah performers, and visitors. This should be in accordance with the approved working hours and in full compliance with relevant instructions.
Shariʼah Governance Related Disclosure Requirements for the Banks Conducting Shariʼah Compliant Banking
No: 45075579 Date(g): 23/6/2024 | Date(h): 17/12/1445 Status: In-Force Pursuant to the powers granted to SAMA under its charter issued by Royal Decree No. (M/36) dated 11/04/1442H, and the relevant laws, and in reference to the ongoing efforts to establish a supervisory framework for banks conducting Islamic banking activities, SAMA, in its commitment to enhancing disclosure and promoting transparency in the financial sector, hereby shares the Shari’ah Governance Related Disclosure Requirements for Banks Conducting Islamic Banking Activities.
These requirements aim to establish the minimum standards for such disclosures.
Kindly take note and comply accordingly, effective December 31, 2024.
1. Introduction
Shariʼah Governance Related Disclosure Requirements for the Banks Conducting Shariʼah Compliant Banking is issued by SAMA in exercise of the powers vested in SAMA under the Saudi Central Bank Law issued by the Royal Decree No. M/36 on 11/04/1442H, corresponding to 26 Nov 2020G and the Banking Control Law issued by the Royal Decree No. M/5 on 22/02/1386H corresponding to11 June 1966G and the Implementation Rules for Banking Control Law issued by Ministerial Decision No 3/2149 on 14/10/1406H.
These minimum requirements shall be read together with the Shariʼah Governance Framework for Local Banks Operating in Saudi Arabia issued by SAMA.
2. Objective
Shariʼah Governance Related Disclosure Requirements for the Banks Conducting Shariʼah Compliant Banking set out minimum disclosure requirements for banks related to Shariʼah Governance. The disclosure requirements will enhance the existing corporate governance and Shariʼah governance frameworks applicable to the banks.
3. Scope of Application
Shariʼah Governance Related Disclosure Requirements for the Banks Conducting Shariʼah Compliant Banking shall be applicable to all domestic banks licensed by SAMA under the Banking Control Law that conduct Shariʼah compliant banking activities. Banks must ensure that compliance practices by their majority owned banking subsidiary(ies) or branches conducting Shariʼah compliant banking activities outside Saudi Arabia are consistent with these minimum requirements. In case, the provision of this circular is in contradiction to that of host country's regulation, the host countryʼs regulation will apply.
4. Definitions
The following terms and phrases used in this document shall have the corresponding meanings unless otherwise stated:
SAMA: The Saudi Central Bank. Bank: Any domestic bank that is licensed to carry out banking business in Saudi Arabia in accordance with the provisions of the Banking Control Law and that conducts Shariʼah compliant banking either as a full-fledged Islamic bank or through an Islamic Window operations. Shariʼah Committee: A Shariʼah Committee responsible for supervising compliance with Shariʼah principles and rules and their application at the bank. Shariʼah Committee Members: A group of specialists whose knowledge and experience are not limited only to the Shariʼah and related matters but also include the jurisprudence of contemporary financial transactions used to form Shariʼah decisions given to the bank. These Shariʼah decisions are usually not directed to the public or entities in other activities. Annual Report: Information and data published by the banks along with audited financial statements which covers activities and financial performance throughout the preceding year.
5. Disclosure Requirements
1. Banks are required to disclose the following in their Annual Reports: a. A statement on the independence of their Shariʼah Committee members as per the requirements mentioned in Article 7 of the Shariʼah Governance Framework for Local Banks Operating in Saudi Arabia; b. The Curriculum Vitae of their Shariʼah Committee members outlining their qualifications and experience; and c. Any change of members of their Shariʼah Committee during the financial year. 2. Banks are required to disclose, on an annual basis, the Shariʼah pronouncements/ resolutions issued by their Shariʼah Committee during the previous 12-months period ending 31 December of each calendar year. At a minimum, this should include: a. The name of product/service offered by the bank based on the resolutions issued by the Shariʼah Committee; and b. The decisions of the Shariʼah Committee (including rationale). In doing so, banks may assess confidentiality and competitiveness considerations when making this disclosure and limit publication to information that is or will be made public.
The above disclosures (1&2) should be made at a minimum, electronically via the bank’s website.
6. Effective Date
These requirements will be effective on 31 December 2024 G.
POS Payment Service of GCC Net
Further to the instructions issued by SAMA under circular number (41/46206) dated 20/10/1439 H, and Circular No. (371000100598) dated 14/09/1437 H, regarding the GCC POS Pricing Policy (GCC-NET) and its specific tariff, and in continuation of the ongoing efforts between banks and central banks in the Gulf Cooperation Council (GCC) countries aimed at integrating payment systems among the council countries, and referring to what was agreed upon in the periodic meetings of the governors of banks and central banks in the council countries to link the point-of-sale networks of the council countries with the GCC payment network. As this is an important aspect in the integration of payment systems among the council countries, it enhances and supports the joint cooperation between the GCC countries.
I inform you that it has been decided to activate the Point of Sale (POS) service for the Gulf Payments Network in the Sultanate of Oman to accept POS transactions starting from April 4, 2021. Accordingly, banks are required to adhere to the following:
1. Take the necessary technical and operational measures to accept and process transactions on their systems and on their point-of-sale (POS) devices in order to complete purchase transactions via POS between the Kingdom and the Sultanate of Oman.
2. Take the necessary commercial measures with their customers holding Gulf Network cards and merchants accepting Gulf Network cards to ensure that transactions are processed in accordance with the approved pricing.
3. Notify and educate customers holding Gulf Network cards that purchase transactions in the Sultanate of Oman will be processed through the payment network of the Omani National Network, which is connected to the Gulf Network.
4. Process and accept all Gulf network transactions using cards bearing the Gulf Network logo, and also accept Gulf network cards on their point-of-sale devices.
For your information and to act accordingly starting from the activation date mentioned above.
Assigning Debt Collection Tasks of Banks and Financing Companies to Licensed Debt Collection Entities Authorized by SAMA
Further to SAMA Circular No. (46014147) dated 01/03/1446H, referring to Circular No. (44055679) dated 08/07/1444H, concerning the restriction of assigning debt collection tasks of banks and financing companies to licensed debt collection entities authorized by SAMA, which includes the decision to extend the deadline for banks and financing companies to contract with debt collection entities that have obtained SAMA's preliminary approval to engage in debt collection activities until the end of December 2024G, or until further instructions are issued by SAMA, whichever comes first.
SAMA wishes to inform that, in line with its supervisory and regulatory role over banks, financing companies, and debt collection entities, and considering its ongoing review of the regulations governing debt collection activities, including licensing and direct supervision of the activity, it has been decided to extend the deadline for banks and financing companies to contract with debt collection entities that have obtained SAMA's preliminary approval to engage in debt collection activities until the end of March 2025G, or until further instructions are issued by SAMA, whichever comes first. Information about entities that have obtained SAMA's preliminary approval to engage in this activity can be found on SAMA's official website.
For your information and action accordingly.
Archive 1
Superseded Circulars
Ministerial Resolution No. (3/920) dated 16/2/1402H Regarding the Rules Regulating Money Changing Business
The Ministerial Resolution No. (3/920) dated 16/2/1402H regarding the rules regulating money changing business has been repealed and replaced by the Decision of the Minister of Finance No. 4686 dated 21/11/1441H.Rules on Outsourcing-2008
This Circular has been superseded and replaced by SAMA Circular No. 41027017 Dated 15/12/2019.Anti-Money Laundering Law of 2003
The Anti-Money Laundering Law of 2003 has been subsequently superseded by the Anti-Money Laundering Law, (M31), dated 11/05/1433H, and the Anti-Money Laundering Law, (M/20), dated 05/02/1439H.Assessment of Protection and Information Security Systems for all Banks
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Prohibition on Dealing with Western Union
This Circular has been superseded by SAMA circular No. (361000072217), dated 17/05/1436H, Corresponding To 07/03/2015G.Enhance Monitoring Controls Over ATMs
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Requirements to Reduce DoS/DDoS Attacks
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Cards Cloning
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Independency of Information Security
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Confidentiality of Banking Information
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Suspending the Transfer Service for Al-Zamil Company and Halawani Exchange Company
This Circular has been updated by SAMA circular No. (2766/67), dated 17/01/1440H.SAMA Regulation about Mobile Banking
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Using Forged ATM Cards to Withdrawals from Client Accounts
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Token Service
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.E-Banking Rules
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Multi-Factor Authentication
This Circular has been superseded by the Cyber Security Framework, 381000091275, 24/5/2017.Anti-Money Laundering Law of 2012
The Anti-Money Laundering Law of 2012 has been superseded by the Anti-Money Laundering Law, (M/20), dated 05/02/1439H.Law of Terrorist Crimes and its Financing -2013
The law of terrorist crimes and its financing of 2013 has been superseded by the Law on Combating the Financing of Terrorism, No (M/21), dated 12/02/1439H, Corresponding to 01/11/2017G.Implementing Regulation to the Anti-Money Laundering Law-2012
The Implementing Regulation to the Anti-Money Laundering Law of 2012 has been superseded by the Implementing Regulation to the Anti-Money Laundering Law, No (14525), dated 19/02/1439H, Corresponding to 08/11/2017G .Regulations of Complaints Handling and the Establishment of Complaints Units in the Banks
These Regulations have been superseded by the Rules for Establishing a Customer Care Department in Banks, No 44069265, dated 29/08/1444 , Corresponding To 21/03/2023 G.Requirements for Appointment to Leadership Positions and Suitability Model
These requirements have been superseded by the Requirements for Appointments to Senior Positions No. 42064776, Dated 13/09/1442H, Corresponding To 25/04/2021G.Rules for Combating Money Laundering and Terrorist Financing in the Insurance and Reinsurance Companies and Liberal Professions
These Rules have been replaced by the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide, accordance to SAMA circular No. (18318/486), dated 20/03/1441H, corresponding to 17/11/2019G.Rules Governing Anti-Money Laundering & Combating Terrorist Financing for all Banks and Money Exchangers and Foreign Banks' Branches Operating in the Kingdom of Saudi Arabia
These Rules have been replaced by the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide, accordance to SAMA circular No. (18318/486), dated 20/03/1441H, corresponding to 17/11/2019G.AML/CTF Rules and Regulations for Financing Companies
These Rules have been replaced by the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide, accordance to SAMA circular No. (18318/486), dated 20/03/1441H, corresponding to 17/11/2019G.Rules Governing the Opening of Bank Accounts and General Operational Guidelines in Saudi Arabia, Fourth Amendment
These rules have been superseded by the Rules for Bank Accounts issued by circular No. (65681/67), dated 01/11/1440H, corresponding to 03/07/2019G.Compliance Manual for Banks Working in Saudi Arabia-2008
This Circular has been superseded by SAMA Circular No. (42005223), dated 28/01/1442H.Digital Confirmation of Banking Products for Customers of Public Banks in the Kingdom
This Circular has been superseded by SAMA circular No. (42009004), dated 18/02/1442H, Corresponding To 05/10/2020G.Manual of Combating Embezzlement & Financial Fraud & Control Guidelines-2008
These Guidelines have been subsequently superseded by the Guidelines for Combating Financial Fraud in Banks Operating in Saudi Arabia No. (41071315), dated 27/12/1441H, Corresponding To 16/08/2020G , and the Counter-Fraud Framework No. (44021528), dated 15/03/1444H, Corresponding To 11/10/2022G .E-Wallet Security Controls v1.0
This Circular has been superseded by SAMA Circular Minimum Verification Controls, (TA'M/245/202204), dated 21/04/2022.Disclosure of Interest Rate of Financing and Saving Products-2019
The Disclosure of Interest Rate of Financing and Saving Products has been superseded by The Rules for Disclosing Prices of Finance and Savings Products, (41068291), dated 02/12/1441 H Corresponding To : 22/07/2020 G.Guidelines for Combating Financial Fraud in Banks Operating in Saudi Arabia
These guidelines have been replaced by the Counter-Fraud Framework No. (44021528), dated 15/03/1444H, Corresponding To 11/10/2022AD .Banking Consumer Protection Principles
These principles have been superseded by the Financial Consumer Protection Principles and Rules No. (44006639), dated 26/01/144H, corresponding to 23/08/2022G.Finance Consumer Protection Principles
These principles have been superseded by the Financial Consumer Protection Principles and Rules No. (44006639), dated 26/01/144H, corresponding to 23/08/2022G.Margin Requirements for Non-centrally Cleared Derivatives-2013
This circular has been superseded by the Margin Requirements for Non-Centrally Cleared Derivatives, No (42008998), dated 18/02/1442 H, Corresponding To 05/10/2020 G.Consumers Protection Principles for Insurance Companies
These principles have been superseded by the Financial Consumer Protection Principles and Rules No. (44006639), dated 26/01/144H, corresponding to 23/08/2022G.Amendment of Paragraph (2) of Item (First) of the Regulations of Complaints Handling and the Establishment of Complaints Units in the Banks
This section is currently available only in Arabic, please click here to read the Arabic version.Saudi Arabian Monetary Authority Law
This Law has been superseded by the Saudi Central Bank Law, M/36, 11/04/1442H Corresponding To 26/11/2020G.Disclosure of Interest rate of Financing and Saving Products-2020
The Disclosure of Interest Rate of Financing and Saving Products has been superseded by The Rules for Disclosing Prices of Finance and Savings Products, (41068291), dated 02/12/1441 H Corresponding To : 22/07/2020 G.Margin Requirement for Non-Centrally Cleared Derivatives-2016
This circular has been superseded by the Margin Requirements for Non-Centrally Cleared Derivatives, No (42008998), dated 18/02/1442 H, Corresponding To 05/10/2020 G.Regulations for Consumer Credit
The Regulations for Consumer Credit have been superseded by the Regulations for Consumer Financing, (351000116619), dated 10/09/1435H, Corresponding To 07/07/2014G.Rules on Large Exposures of Banks-2018
These Rules have been superseded by the Large Exposure (LEX) Rules for Banks, (1651/67), dated 09/01/1441 H, Corresponding To 08/09/2019 G.Margin Requirements for Non-Centrally Cleared Derivatives-2019
This circular has been superseded by the Margin Requirements for Non-Centrally Cleared Derivatives, No (42008998), dated 18/02/1442 H, Corresponding To 05/10/2020 G.Outsourcing Guidelines for Branches of Foreign Banks Operating in the Kingdom
another example
This Circular has been superseded by the Rules on Outsourcing, (41027017), dated 18/04/1441H Corresponding To : 15/12/2019G.Margin Requirements for Non-Centrally Cleared Derivatives-2014
This circular has been superseded by the Margin Requirements for Non-Centrally Cleared Derivatives, No (42008998), dated 18/02/1442 H, Corresponding To 05/10/2020 G.Principles of Governance for Banks Operating in Saudi Arabia -2014
Margin Requirements for Non-Centrally Cleared Derivatives-2015
This circular has been superseded by the Margin Requirements for Non-Centrally Cleared Derivatives, No (42008998), dated 18/02/1442 H, Corresponding To 05/10/2020 G.Bank Primary Dealers(Bank-PDs) in Government Securities
This Circular has been superseded by SAMA's circular number, (44995/67),dated 17/07/1440H, Corresponding To 23/03/2019G.Loans to Deposits Ratio Guidelines-2006
This Circular has been superseded by the Loans to Deposits Ratio Guidelines, (44071146), dated 06/09/1444 H, Corresponding To 27/03/2023 G.Amending Paragraphs (9) and (10) of Article 13 in the Principles for Protecting Bank Customers
The Consumers protection principles for banks have been superseded by the Financial Consumer Protection Principles and Rules, dated 05/09/2022.Guidelines for Calculating Loan to Deposit Ratio (LDR)
This Circular has been superseded by the Loans to Deposits Ratio Guidelines, (44071146), dated 06/09/1444 H, Corresponding To 27/03/2023 G.Rules on Compensation Practices
These rules have been superseded by the Banks Remuneration Rules, No (44049096), dated 12/06/1444 H, Corresponding To 04/01/2023 G.Rules Governing Money Changing Business-1432
This Circular has been superseded by the Rules Regulating Money Changing Business, (4686), dated 21/11/1441H Corresponding To 11/07/2020G.Allowing Exchange Centers to Receive Money Transfers through Electronic Payment Methods for Currency Exchange Purposes Only
These instructions were issued by circular No (41056269), dated 12/09/1441H, corresponding to 05/05/2020G, and superseded by Circular No. (43098769), dated 19/11/1443H, corresponding to 28/06/2022G.Expansion of Credit Facilities to Facilitate Subscription in Offered Shares
This Circular has been superseded by the Initial Public Offering (IPO) Rules for Receiving and Lending Banks, ((43060832), dated 08/07/1443 H, Corresponding To 09/02/2022 G.SAMA Guidelines on the Internal Liquidity Adequacy Assessment Plan (ILAAP) - 2017
These Guidelines have been superseded by the Guidelines on the Internal Liquidity Adequacy Assessment Plan (ILAAP), (42012157), dated 01/03/1442 H, Corresponding To 17/10/2020 G.Related Parties Rules for Banks
These rules have been superseded by the Related Parties Rules for Banks, (43095743), dated 17/11/1443H, Corresponding To 16/06/2022G.Annual Branch Expansion Plan (ABEP)
This Circular has been superseded by the Regulation on Branch Network, (43089486), dated 23/10/1443 H, Corresponding To 24/05/2022 G.Basel III - Internal Rating Based (IRB) Approaches for Credit Risk- 2014
This Circular has been superseded by SAMA circular No. (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G, Refer to Minimum Capital Requirements for Credit Risk framework.Information Requirements for Bank SMS Alerts for MADA's Cards Transactions- 2017
This Circular has been updated by SAMA circular No. (42023876), dated 14/04/1442H, Corresponding to 29/11/2020G.Decrease RWA for Mortgages from 75% to 50%
This Circular has been superseded by the Basel III Reforms, (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G, Refer to Minimum Capital Requirements for Credit Risk framework.Reducing RWA for MSMEs
This Circular has been superseded by SAMA circular No. (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G, Refer to Minimum Capital Requirements for Credit Risk framework.SAMA's Guidance Document and Disclosure Templates Concerning the Implementation of Basel III Leverage Ratio Disclosure Requirements based on BCBS Document of January 2014
This Circular has been superseded by the Basel III Reforms, (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. For updates. Refer to Leverage Ratio Framework and section 27, leverage ratio under pillar 3 disclosure requirements Framework.SAIBOR/SAIBID Rates - Implementation of Phase 1 New Requirements
The SAIBOR/SAIBID Rates - Implementation of Phase 1 New Requirements have been replaced by the Saudi Arabian Benchmark (SAIBOR/SAIBID), accordance to SAMA circular No. (43041880), dated 09/05/1443H, Corresponding To 13/12/2021 G.SAIBOR/SAIBID Rates - Implementation of Phase 1 New Requirements
The SAIBOR/SAIBID Rates - Implementation of Phase 1 New Requirements have been replaced by the Saudi Arabian Benchmark (SAIBOR/SAIBID), accordance to SAMA circular No. (43041880), dated 09/05/1443H, Corresponding To 13/12/2021 G.Interbank Offered Rate (SAIBOR)
The Interbank Offered Rate (SAIBOR) has been replaced by the Saudi Arabian Benchmark (SAIBOR/SAIBID), accordance to SAMA circular No. (43041880), dated 09/05/1443H, Corresponding To 13/12/2021 G.Quarterly Prudential Return On Loans and Deposits Commissions
This Circular has been superseded by the Interest Rates on Assets and Liabilities Reporting Guidelines, (42009284), dated 19/02/1442 H, Corresponding To 06/10/2020 G.Implementing Regulation to the Anti-Money Laundering Law -2003
The Implementing Regulation to the Anti-Money Laundering Law of 2003 has been subsequently superseded by the Implementing Regulation to the Anti-Money Laundering, dated 14/08/1433H,Corresponding to 03/07/2012G, and the Implementing Regulation to the Anti-Money Laundering Law, No (14525), dated 19/02/1439H, Corresponding to 08/11/2017G.Rules for Dealing with E-Commerce Payment Service and Support Providers
This Circular has been superseded by SAMA circular No. (46004436), dated 18/01/1446H, corresponding To 24/7/2024G.Based on the powers vested in SAMA under the Saudi Central Bank Law issued by Royal Decree No. M/36 dated 11/4/1442 H, the Banking Control Law issued by Royal Decree No. M/5 dated 22/22/1386 H, and Cabinet Decision No. (226) dated 2/5/1440 H, emphasizing the competence of SAMA to control and supervise the payments and financial settlement sector and its services in the Kingdom, and based on Article 5 of Payment Service Providers Regulations issued under Circular No. (41071360) dated 27/12/1441 H which defines the activities falling within the scope of payment services, and referring to Circular No. (391000075005) dated 02/07/1439 H regarding the availability of online purchase service via MADA bank cards to target new sectors within the fields of e-commerce and in line with what serves the Kingdom's aspirations within Vision 2030 regarding digital transformation, and given the diversity of business models of companies that provide e-commerce payment services, including linkage services and technical support for payment operations, SAMA would like to clarify the following:
First: Activities and services that require the opening of a pooled account for the purpose of depositing and keeping the funds of the customers of payment service providers are considered as one of the services defined within the scope of payment services as stipulated in Article (5-1) of Payment Services Providers Regulations, and companies practicing these services must obtain a license from SAMA and meet the requirements stipulated in the rules.
Second: Linking and technical support services for e-commerce payments operations Payment Technical Service Provider (PTSP) is considered a support service for payments services, and does not require a license from SAMA at this time, and companies practicing these services must obtain all necessary technical permits from Saudi Payments Company, and their services provided are limited to linking and technical support only, and do not include the following aspects:
- Directly contracting with merchants, registering them, carrying out matching procedures and verifying the validity of the merchant's data and information in order to fulfill KYC requirements and requirements related to AML/CFT and Counter-Fraud.
- Finalizing the financial settlement procedures and depositing the funds in the merchant's bank account.
Accordingly, SAMA would like to emphasize the following:1. Banks are required to deal only with companies that are licensed to provide payment services, and to notify SAMA immediately if they discover that an unlicensed company is providing any payment services.
2. Banks, and payment service providers may contract with companies practicing linkage and technical support services for e-commerce payments, after verifying that they have obtained all necessary technical licenses from the Saudi Payments Company and taking into account the Rules on Outsourcing and related instructions and controls, including the operational and technical requirements of the MADA system and the MADA Fee Guide. For information and action accordingly as of /01/01/2022G, and to provide the Payments Systems and Companies Supervision Department with the procedures that have been adopted in this regard via email (PSCC@SAMA.GOV.SA).
Basel Committee on Banking Supervision (BCBS) Document Regarding Liquidity Coverage Ratio Disclosure Standards
This Circular has been superseded by the SAMA’s Revised Amended Liquidity Coverage Ratio Regulations and Guidance Documents, (361000009335), dated 17/01/1436 H, Corresponding To 09/11/2014 G.Actuarial Work Regulation for Insurance and/or Reinsurance Companies
The Actuarial Work Regulation for Insurance and/or Reinsurance Companies (No.72/437, dated 25/03/1437) has been superseded by the Actuarial Work Rules for Insurance, (441/186), dated 06/07/1441 H, Corresponding To 01/03/2020 G.Medical Expenses Insurance-Pricing and Underwriting Instructions - 2018
This Circular has been superseded by circular No. (TA'M/247/202204), dated 25/09/1443H, Corresponding To 26/04/2022G.Basel II Pillar 3 Disclosure Requirements and Guidance Notes
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Enhancements to SAMA's Bank Disclosure Requirements Under the Basel II Framework Pillar 3 Component
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.BCBS Document: Range of Methodologies for Risk and Performance Alignment of Remuneration; and Pillar 3 Disclosure Requirements for Remuneration
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Enhancement # 1 to SAMAs Bank Disclosure Requirements Under the Basel II Framework Pillar 3 Component
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.The Obligation to Use the Model of Mortgage Finance Contract in Murabaha and Ejarah for Individuals
These instructions were issued by circular No (391000082220), dated 23/07/1439H, and updated by Circular No. (41038504), dated 01/06/1441H, corresponding to 26/01/2020G.Saudi Central bank's Final Guidance Documents Concerning Implementation of Basel 3 Pillar 3 Component
This Circular has been superseded by Saudi Central Bank circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Instructions When Offering Real Estate Finance Products for Individuals-2018
These instructions were issued by circular No (46544/99), dated 2/09/1439H, corresponding to 16/05/2018G, and replaced by the instructions issued by Circular No. (41059668), dated 16/10/1441H, corresponding to 07/06/2020G.SAMA's Draft Implementation Framework for Banks Comments Concerning Basel Committee on Banking Supervision (BCBS) Standards of January 2015 Regarding Revised Pillar 3 Disclosure Requirements
This Circular has been superseded by Saudi Central Bank circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Pillar 3 Disclosure Requirements - Consolidated and Enhanced Framework - Consultative Document
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Frequently Asked Questions on the Revised Pillar 3 Disclosure Requirements
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Pillar 3 Disclosure Requirements - Updated Framework (Consultative Document)
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Pillar 3 Disclosure Requirements: Regulatory Treatment of Accounting Provisions
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Basel Committee on Banking Supervision (BCBS) Standards of January 2015 Concerning Revised pillar 3 Disclosure Requirements
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to Pillar 3 Disclosure Requirements Framework.Accounting Standards for Saudi Commercial Banks
The Accounting standards for Saudi commercial banks are no longer applicable as of January 1 st 2017 ,by the circular no (381000074519), dated 14/07/1438 H.Payment Services Providers Regulations-1441
These regulations have been superseded by the Implementing Regulations of Payments and Payment Services Law, dated 13/06/2023G.Guidelines for Applying for a License to Practice Finance Activities
Status: Modified These Guidelines have been updated by the " Guidelines for Applying for License to Practice Finance Activities and Finance Support Activities".Provisions Guidelines
These Guidelines have been superseded by the Rules Governing Credit Risk Exposure Classification and Provisioning, (42022533), dated 08/04/1442 H, Corresponding To 23/11/2020 G.I. Introduction
The Real Estate Finance Law, Financial Lease Law, and the Law on Supervision of Finance Companies, and their Implementing Regulations entrusted the Saudi Arabian Monetary Agency (SAMA) with the responsibilities to license and supervise financing companies in the Kingdom of Saudi Arabia.
The Law on Supervision of Finance Companies and its Implementing Regulations set forth requirements and procedures for licensing financing activities as identified in Article (10) in the Law on Supervision of Finance Companies. SAMA has set up the forms for license applications and published them on its website (www.sama.gov.sa).
Finance laws and their implementing regulations as well as license applications can be found on SAMA's website.
II. Types of Application
First: New Financing Company application: Relevant for companies which are going to be established for practicing finance activities.
Second: Existing Financing Company application: Relevant for companies and establishments with ongoing operations in the finance sector before the Law on Supervision of Finance Companies cane into force. Such companies and establishments are subject to the provisions of Article (36) of the Law on Supervision of Finance Companies and Article (97) of the Implementing Regulations of the Law on Supervision of Finance Companies.
Third: License Application for a Bank to practice Real Estate Finance and Financial Lease: Relevant for banks applying for license to practice real estate finance and/or financial lease activity(ies).
III. Documentation Requirements
Hardcopy of the Application and Documents Listed on the Licensing Application's Checklist are to be Submitted Along with a CD or USB Containing an Identical Softcopy of the Completed Licensing Application.
1. Documents that are required to be attached as part of the New Financing Company application:
a. A hardcopy and an identical softcopy of completed license application form as set by SAMA, in accordance with the sections identified in the application.
b. Copies of the draft memorandum of incorporation and articles of association as per the form set by SAMA.
c. An organizational structure, including all necessary departments and functions and key responsibilities of each.
d. Fit and proper form as set by SAMA for each founding shareholder after it is completed, signed by the founding shareholder, and attested by the person authorized to submit the license application.
e. Fit and proper form as set by SAMA for each board member after it is completed, signed by each board member, and attested by the person authorized to submit the license application.
f. Feasibility study, in accordance with the details identified in the license application form.
g. Business plan for the financing company, in accordance with details identified in the license application form.
h. Irrevocable bank guarantee should at a minimum be equal to the minimum capital of financing activity or activities to be licensed, according to the form set by SAMA, issued by any local bank for SAMA, and is automatically renewed until the capital is paid in full.
i. Draft agreements and contracts with third parties especially those with related parties or external service providers.
2. Documents required to be attached as part of Existing Financing Company application:
a. A hardcopy and an identical softcopy of completed license application form as set by SAMA, in accordance with the sections identified in the application.
b. Copies of the memorandum of incorporation and articles of association along with copies of draft modified memorandum of incorporation and articles of association as per the forms set by SAMA
c. An organizational structure, including all necessary departments and functions and key responsibilities of each.
j. Fit and proper form as set by SAMA for each shareholder after it is completed, signed by the shareholder, and attested by the finance company.
k. Fit and proper form as set by SAMA for each board member after it is completed, signed by the board member, and attested by the finance company.
l. Fit and proper form as set by SAMA for each member of senior management after it is completed, signed by the member, and attested by the finance company.
d. Feasibility study, in accordance with the details identified in the license application form.
e. Business plan for the financing company, in accordance with details identified in the license application form.
f. Bank guarantee shall be issued for an amount equaling the difference between the minimum capital for the business and finance activities requiring a license and the paid-up capital for the finance Company; the guarantee shall be as per the form set by SAMA for the finance Company whose paid-up capital is less than the minimum capital for business or the finance activities requiring a license.
g. Copies of agreements and contracts with 3rd parties especially agreements with related parties or external service providers; in addition to copies of the draft agreements and the proposed contracts.
h. Valid DZIT certificate.
i. A copy of the Company's commercial registration.
j. Certificate from the Labor Office includes details of current employees and Saudization.
k. Foreign investor license from SAGIA (applicable to foreign shareholders only).
l. Certificate issued by GOSI to prove the Company's participation in GOSI.
m. Audited financial statements for previous 3 years.
3. Documents that are required to be attached as part of the License Application for a Bank to practice Real Estate Finance and Financial Lease:
a. A hardcopy and an identical softcopy of completed license application form as set by SAMA for a Bank to practice Real Estate Finance and Financial Lease, in accordance with the sections identified in the application.
b. Description of organizational structure of the functional units related to real estate finance and financial lease activities, including associated functions, organizational relations and key responsibilities of each.
c. Feasibility study, in accordance with the details identified in the license application form.
d. Business plan according to the details identified in the license application form.
e. Agreements and contracts with third parties in relation to activities to be licensed, especially agreements and contracts with related parties and external service providers, in addition to drafts of proposed agreements and contracts.
IV. Application Process
1- Applicants must complete the appropriate form as described above in II and III, and submit it to SAMA with all supporting documentation as identified on the Licensing Application's Checklist.
2- SAMA will issue a written notice to the applicant after completing all the requirements specified in the Law on Supervision of Finance Companies and its Implementing Regulations.
3- SAMA will issue a written notice informing the applicant of either preliminary approval or rejection within (60) days from the day on which SAMA has accepted the license application as being completed. The preliminary approval does not constitute a license or approval to practice the finance activity(ies).
4- For new finance companies, the request will be sent to the Ministry of Commerce and Industry to complete the procedures for the establishment of the new company and registration in accordance with Company Law. After the company is established, it will need provide SAMA with copies of its commercial registration and the articles of association, reflecting the finance activities as per the preliminary approval and verification that capital has been paid in full, and that any additional initial funding as set out in the business plan has been provided to the finance company. The company should also provide verification that it has taken all necessary measures to start carrying out the planned finance activities, including the establishment of all necessary personnel, system, equipment and functions.
5- For existing finance companies, the company should modify the commercial registration and articles of association, and make necessary adjustments to comply with regulatory requirements, and provide SAMA with proof of such.
6- SAMA supervisors will visit the finance company or the bank to meet their officers, and review their systems, procedures and records to verify that the regulatory requirements are met and to ensure the readiness of the company or bank to start the finance activity.
7- SAMA will grant a License after completing all the regulatory requirements and pay financial charge as set forth in Article (22) of the Implementing Regulations of the Law on Supervision of Finance Companies.
Frequently Asked Questions
General Questions
• What are the financing activities that require a license from SAMA?
No person is allowed to practice any finance activity unless it has a license from SAMA in accordance with the Law on Supervision of Finance Companies and its implementing regulations and related laws.
• How can the licensing application forms be obtained?
The finance laws and regulations as well as the application forms are available on the finance section of SAMA's website on the following link: http://www.sama.gov.sa/Finance
• How can the licensing application forms be obtained in English language?
The English versions of the licensing application forms are available on the finance section of SAMA's website on the following link: http://www.sama.gov.sa/sites/samaen/Finance
• Are there different license application forms for new finance companies, existing finance companies and banks?
There are three types of licensing applications:
First: New Financing Company application: Relevant for companies which are going to be established for practicing finance activities.
Second: Existing Financing Company application: Relevant for companies and establishments with ongoing operations in the finance sector before the Law on Supervision of Finance Companies cane into force. Such companies and establishments are subject to the provisions of Article (36) of the Law on Supervision of Finance Companies and Article (97) of the Implementing Regulations of the Law on Supervision of Finance Companies.
Third: License Application for a Bank to practice Real Estate Finance and Financial Lease: Relevant for banks applying for license to practice real estate finance and/or financial lease activity(ies).
• What are the documents that should be included in the license application?
The license application should include the license application form as set by SAMA, in accordance with the sections identified in the application after its completion, accompanied by all the requirements set forth in article (7) of the Implementing Regulations of the Law on Supervision of Finance Companies as well as the checklist in the license application. The electronic copy of the license application forms is available on the finance section of SAMA's website.
• Does the applicant need to provide a feasibility study and business plan for the next five years within the license application?
All the applicant must submit a feasibility study and business plan for the next five years with the license application in accordance with the details identified in the checklist of the license application form.
• Does the applicant need to submit an electronic copy or hard copy of the licensing application form?
The applicant must submit a hardcopy of the forms and documents in the checklist is to be submitted along with a CD or USB containing an identical softcopy of the completed licensing application.
• What are the minimum capital requirements for obtaining a license for different financing activities?
Minimum capital requirements for obtaining a license for finance companies are based on financing activity and are as follows:
• For finance company carrying out only real estate finance activity, the minimum capital is SR 200,000,000
• For finance company carrying out one or more financing activity other than real estate finance and microfinance, the minimum capital is SR 100,000,000
• For finance company carrying out only microfinance activity, the minimum capital is SR 10,000,000
• Can one license application be submitted for more than one type of financing activities?
A license application may submitted for more than one of the finance activities specified in Article 10 of the Law on Supervision of Finance Companies, subject to the following:
- Companies that are licensed to conduct real estate finance shall not conduct any finance activities other than real estate finance.
- Companies that are licensed to conduct microfinance shall not conduct any finance activities other than microfinance.
- Companies that are licensed for finance activities other than real estate finance are prohibited from financing real estate in any form.
• Where and how does the finance company submit all supporting documents?
All applicants must submit the application form and supporting documents to the General Department for Finance Companies Supervision at SAMA to the following address:
Saudi Arabian Monetary Agency
Al-Ma'ather Street, Riyadh
Kingdom of Saudi Arabia
Telephone: +966-1- 466-2020
• How can the applicant communicate with SAMA regarding to the status of the application?
All applicants can communicate with SAMA through the email of the General Department for Finance Companies Supervision (finance@sama.gov.sa). For all correspondence with SAMA, the applicant ID number must be included.
• How long does SAMA take to evaluate an application?
It varies from case to case and on the type of the activity as well as the quality and completeness of the documents submitted with the license application. However, SAMA will notify the applicant in writing, within (60) days from the date of accepting the license application as being complete, of whether the license has received a preliminary approval or rejection, giving its reasons in case of a rejection. The preliminary approval does not constitute a license or approval to practice the Finance Activity.
• What is the difference between the preliminary and the license?
Preliminary approval enables the applicant to continue the process of establishing the finance company. The license will be granted once all requirements as set forth by the laws and regulations governing finance companies are complete.
• What is the specific duration to complete the process of establishing the company?
All the applicants must establish the Finance Company as a joint stock company within six months of granting the preliminary approval, and provide SAMA with copies of the Finance Company's commercial registration and articles of association, reflecting the licensed activities in accordance with the preliminary approval. The preliminary approval will expire after six months unless SAMA extends its duration for a maximum of another six months.
• What is the financial charge for issuing, renewing, or amending the license?
Financial charge will be as follows:
• Issuance of new license = SR 200,000
• Renewal of license = SR 100,000
• License amendment = SR 50,000
For microfinance companies, financial charge for issuing, renewing, or amending the license is SR 10,000.
• Does the company need a non-objection from SAMA to launch a new financing product or making an amendment to the existing products?
SAMA's non-objection letter is required for launching new products or making amendments to existing products.
• How does the applicant pay the financial charge?
The financial charge must be submitted before receiving the license and must be paid by a certified check for the name of the “Saudi Arabian Monetary Agency”.
• What is the validity of the finance company license issued by SAMA?
The license will have a validity of five years and it could be renewed by SAMA based on a request by the finance company in accordance with the requirements of the regulations.
• When does a company need to renew its license?
All the licensed finance companies must submit to SAMA a request to renew their license at least six months prior to the expiry of the license, as set forth by the article (17) of the implementing regulations of the Law on Supervision of Finance Companies.
Questions Related to New Companies
• If the applicant is a new company, does it need to be established before or after submitting the license application?
The applicant must submit the license application to SAMA before the establishment of the new company. After the application receives preliminary approval, SAMA will send the request to the Ministry of Commerce and Industry so the applicant may proceed with establishment procedures and registration of the company according to Company Law.
• If the applicant is a new company, and has foreign shareholder(s), does it first need to apply for foreign investor license before submitting the licensing application?
The applicant must submit the licensing application to SAMA before applying for foreign investor license.
• Does the new company need to provide a bank guarantee within the license application?
All the new companies must submit a bank guarantee, in the form set by SAMA, for an amount equal to the minimum capital of financing activity or activities to be licensed, in accordance with article (7) of the implementing regulations of the Law on Supervision of Finance Companies.
Questions Related to Existing Companies
• What does existing companies mean?
Existing companies means that the companies and establishments that are already conducting finance business in the Kingdom of Saudi Arabia before the law entered into force. Such companies and establishments are subject to the provisions of article (36) of Law on Supervision of Finance Companies and article (97) of the implementing regulations of the Law on Supervision of Finance Companies.
• Is there a deadline for the existing companies to apply for a license?
Existing companies and establishments need to submit their license application and compliance plan, or provide SAMA with their plan to exit the market, by end of business hours on Wednesday 14/10/1434H (21/8/2013G).
• Does the applicant need to provide a feasibility study and business plan for the next five years within the license application?
All the applicants must submit a feasibility study and business plan for the next five years within the license application in accordance with the requirements set forth in the checklist of the existing companies license application form.
• Does the existing company need to provide a bank guarantee within the license application?
All the existing companies whose paid-up capital is less than the minimum capital for the finance activity(ies) requiring a license must submit a bank guarantee, as per the form set by SAMA, for an amount equaling the difference between the minimum capital for the finance activity(ies) requiring a license and the paid-up capital of the finance company.
Questions Related to Commercial Banks
• What are the financing activities that the banks need license for?
The Real Estate finance and the financial lease.
• What are the document requirements for submission by a bank?
The license application should include the license application for the commercial banks as set by SAMA, after its completion, accompanied by all the requirements set forth in the checklist in the commercial banks license application forms. The electronic copy of the license application forms is available on the finance section of SAMA's website.
• Is there a deadline for the commercial banks to apply for a license?
All commercial banks that want to continuing practicing the activities of real estate finance and/or financial lease must apply for licensing by end of business hours on Wednesday 14/10/1434H (21/8/2013G).
Medical Expenses Insurance - Actuarial Pricing 2017
This Circular has been subsequently superseded by circular No. (TA'M/165/201808), dated 02/12/1439H, Corresponding To 13/08/2018G, and circular No. (TA'M/247/202204), dated 25/09/1443H, Corresponding To 26/04/2022G.Remuneration for Chairs and Members of Boards of Directors of Local Banks, Insurance Companies and Reinsurance Companies
This Circular has been superseded by SAMA circular No. (45048798), dated 25/07/1445H, Corresponding To 04/02/2024G.The New Tariff for Banking Services
No: M/A/1/291 Date(g): 12/8/1979 | Date(h): 20/9/1399 Status: Superseded The Tariff for Banking Services have been replaced by The Banking Tariff, accordance to SAMA circular No. (341000134319), dated 25/11/1434H, corresponding to 29/09/2013G.SAMA has conducted a comprehensive study of the fees charged by the banks for their services. The study covers fees charged by banks in various parts of the world.
A considerable time has elapsed since SAMA issued the schedule of tariff for banks. Hence, it became necessary to make this study, keeping in view the rapid economic growth witnessed by the Kingdom and the expansion of banking business which SAMA encourages to promote banking habit among the public.
In the light of the said study, SAMA has introduced a new tariff for banking services (a copy is enclosed her with), which supersedes the old tariff issued under SAMA's circular No. 1/5288/71 dated 22.12.1379. The new tariff shall be effective as from 10.10.1399.
SAMA has kept in view that the new tariff should reflect the state of our economy and be moderate and reasonable as well as the need to spread the banking habit.
You are kindly requested to circulate this tariff to all your branches and to place it at a prominent place in your bank and its branches so that customers could see it easily. The tariff will apply as from the date mentioned above.
Prudential Returns Concerning Information Regarding Consumer Loans
This Circular has been superseded by SAMA circular No. (361000032080), dated 29/02/1436 H, Corresponding To 21/12/2014 G.Schedule of Charges Applicable to Firms, Companies & Individuals
1- DOC. L/C (import credits)
(a) Opening or issuing new tariff
1/4% on first SR. 400.000 (or equivalent) for 3 months (or part thereof)
1/8% on additional amounts above SR. 400.000 (or equivalent) for 3 months (or part thereof)
1/16% per month after 3 months (or part thereof)
(b) Confirming
actual amount as charged by correspondent.
(c) Advising
SR. 20 (flat rate)
(d) Negotiation
no charge
(e) amendment:
involving increase of amount as per (a) above on tariff
other amendments
SR. 25 + telex, cable or mail charges
(f) Cancellation of unutilized letter of credit
no charge
(g) Miscellaneous
no charge
(importer will be allowed 7 days grace to retire the bill after receipt of advice from the bank)
2 - Collection (incoming/outgoing)
(local/foreign currency)
(i) payable within the country
(a) clean bills on branch - free
(including cheques) on others - SR.5
(b) documentary bills
on branch-free
on others - 1/10% + postal charges (min.SR. 10 max. SR. 100)
(ii) Payable outside the country
(a) clean (including cheques)
SR. 1 per thousand + postal
charges (min. SR. 10 max. SR. 100)
(b) Documentary
SR. 1 per thousand + postal
charges(min.SR.25 max.SR.250)
3 - Remittances new tariff
to places within the country
(i) draft/mail transfer
SR.5 upto SR.10.000
SR.10 over SR. 10.000
(ii) Cable/telex transfer
SR. 10 upto SR. 10.000
SR.20 over SR. 10.000+actual telex /cable charges
to places outside the country
(i) cable/draft/mail/transfer
SR. 1 per thousand
(min. SR. 10 max. SR. 50+actual cable /telex charge for cable or telex transfer
4 - Commission on
(i) sale of travelers cheques or personal letters of credit 1%
(ii) purchase of travelers cheques no charge
(iii) incoming drafts or payments orders no charge
(iv) negotiation of drafts under personal letters of creditno charge
5 - Charge for collection items returned unpaid
(no other collectionsr commission to be charged).10 per item (flat rate)
(a) foreign collection
(b) local collection (including clearing cheques) - no charge
6 - Charges on accounts current account
(a) Balance requirement for balance less than SR. 1000 SR. 15 per half year. balance above SR. 1000 no charge saving account-no charge
(b) Statement of account no charge
(c) Account closed no charge
(d) lost cheque book SR. 10
(e) standing instructions SR.5 on each payment
7 - Commission on guarantees
1/4% on the first SR.10 million
1/8% on additional amount (per annum)
for missing bill of lading- SR.20 (flat rate)
8- Miscellaneous above SAMA rate:
(a) Foreign exchange selling rate
(a) 1/8% on the first U.S.$ 1 million
(b) 1/6% on additional amount
note:
(the above rates are maximum rates and lower rate can be offered)
Deletion of the Requirement No. 7 of the Rules of Opening and Operating the Accounts of Foreign Institutions Invested in Saudi Shares
This section is currently available only in Arabic, please click here to read the Arabic version.Rules of Opening and Operating the Accounts of Foreign Institutions Invested in Saudi Shares
The Rules Governing the Opening of Bank Accounts and General Operational Guidelines in Saudi Arabia, Fourth Amendment have been superseded by the Rules for Bank Accounts issued by circular No. (65681/67), dated 01/11/1440H, corresponding to 03/07/2019G.Second Amendment for Opening and Operating Bank Accounts in the Kingdom
These rules have been superseded by the Rules for Bank Accounts issued by circular No. (65681/67), dated 01/11/1440H, corresponding to 03/07/2019G .Minimum Capital Requirements for Market Risk-2016
This circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G. Refer to SAMA Minimum Capital Requirements for Market Risk framework.Background
The new standard from the Basel Committee on Banking Supervision (BCBS) sets out revised minimum capital requirements for Market Risk and replaces the existing minimum capital requirements for market risk in the global regulatory framework, including amendments made after the June 2006 publication of Basel II: International Convergence of Capital Measurement and Capital Standards - Comprehensive Version. Consistent with the policy rationales underpinning the Committee's three consultative papers on the Fundamental Review of the Trading Book, the revised market risk framework consists of the following key enhancements:
• A revised Internal Models Approach (IMA). The new approach introduces a more rigorous models approval process that enables supervisors to remove internal modelling permission for individual trading desks, allows more consistent identification and capitalisation of material risk factors across banks, and introduces constraints on the capital-reducing effects of hedging and diversification. • A revised Standardised Approach (SA). The revisions fundamentally overhaul the standardised approach to make it sufficiently risk-sensitive to serve as a credible fallback for, as well as a floor to the IMA, while still providing an appropriate standard for banks that do not require a sophisticated treatment for market risk. • A shift from Value-at-Risk (VaR) to an Expected Shortfall (ES) measure of risk under stress. Use of ES will help to ensure a more prudent capture of "tail risk" and capital adequacy during periods of significant financial market stress. • Incorporation of the risk of market illiquidity. Varying liquidity horizons are incorporated into the revised SA and IMA to mitigate the risk of a sudden and severe impairment of market liquidity across asset markets. These horizons replace the static 10-day horizon assumed for all traded instruments under VaR in the current framework. • A revised boundary between the trading book and the banking book. Establishment of a more objective boundary will serve to reduce incentives to arbitrage between the regulatory banking and trading books, while still being aligned with banks' risk management practices.
SAMA has conducted a consultation process with the Saudi Banks in the development of this regulation, which has resulted in preparation of the following documents:
• Annexure 1: Changes in the Q17 templates. Please ensure that these templates are cross-validated and reconciled to other Q17 templates. • Annexure 2: Frequently Asked Questions (FAQs) and answers and National Discretions
Implementation date
These rules are applicable from 1 January 2019 as specified in the Basel document with first quarterly reporting applicable from 31 December 2019. However, all banks should approach SAMA for approval of their trading desks and should submit the documents and requirements as stated in key element 1- 4 {page 68, 69) of the Basel document by 30 June 2018.
Third Amendment to the Rules for Opening and Operating Bank Accounts
These rules have been superseded by the Rules for Bank Accounts issued by circular No. (65681/67), dated 01/11/1440H, corresponding to 03/07/2019G.Instructions on Forms for Banknote Stacks of Sixth Edition of Saudi Currency - 2020
This Circular has been superseded by SAMA circular No. (42065141), dated 19/09/1442H, Corresponding To 25/04/2021G.Saudi Arabian Trade Repository
This Circular has been superseded by SAMA circular No. (67/16278), dated 13/03/1441H, Corresponding To 10/11/2019G, updated by SAMA circular No. (42056371), dated 10/08/1442H, Corresponding To 23/03/2021G .Stopping the Monthly Deduction from the Bank Accounts of Borrowers from the Real Estate Development Fund for Residential Purposes for those Whose Accounts Were Deducted before 3/4/1432
The requirements in this Circular are no longer applicable as per SAMA circular No. (341000028806), dated 04/03/1434H, Corresponding To 15/01/2013G.Enabling Bankruptcy Trustees to Exercise the Powers Granted to them Under the Bankruptcy Law and Its Implementing Regulations
This Circular has been superseded by SAMA circular No. (42066419), dated 20/09/1442 H, Corresponding To 01/05/2021 AD.AML & CTF rules (Second Update)
Rules on Large Exposures of Banks - 2015
These Rules have been respectively updated by SAMA circulars No. (391000059150), dated 22/05/1439 H, Corresponding To 07/05/2018 G, and No. (45201/41), dated 14/10/1439 H, Corresponding To 27/06/2018 G, and have been superseded by the Large Exposure (LEX) Rules for Banks, (1651/67), dated 09/01/1441 H, Corresponding To 08/09/2019 G.Rules on Large Exposures of Banks -2018
These Rules have been updated by SAMA circular No. (45201/41), dated 14/10/1439 H, Corresponding To 27/06/2018 G, and have been superseded by the Large Exposure (LEX) Rules for Banks, (1651/67), dated 09/01/1441 H, Corresponding To 08/09/2019 G.The Guidelines on Standing Orders for Real Estate Financiers-2020
These Guidelines were replaced by The Guidelines on Standing Orders for financing entity, No. (43033273), dated 13/04/1443h, corresponding to 18/11/2021Trade Repository Operator Rules and Regulations
These rules have been replaced by the Principles on Trade Repositories, issued by SAMA circular No. (000045049500), dated 27/07/1445H, corresponding to 06/02/2024G.Rules Governing disposal of Finance Assets or Their Contractual Rights-2015
These Rules were issued by circular No (361000145658), dated 18/11/1436H, and updated by Circular No. (60558/99), dated 09/10/1440 AH corresponding to 12/06/2019 AD.Outdated
Eid Al-Fitr and Eid Al-Adha holidays for 1444H
Eid al-Fitr and Eid al-Adha holidays for the year 1443H
Extension of Deadline for Correction of Real Estate Mortgages
The resumption of the Finance Companies Business
Time Plan to Correct Real Estate Registered in the Names of Finance Institutions
Unlicensed Entities
FOREX Trading Companies Outside Saudi Arabia
No: 41027772 Date(g): 18/12/2019 | Date(h): 21/4/1441 This circular is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom Without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom without a Licence
This circular is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom Without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom Without a License
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom Without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.Combating the Practice of Banking and Investment Business in the Kingdom without a License
This section is currently available only in Arabic, please click here to read the Arabic version.Combating Unlicensed Banking and Investment Activities within KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Combating Unlicensed Banking and Investment Activities within KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Combating Unlicensed Banking and Investment Activities Within KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Non-Resident Forex Trading Companies in KSA (FOREX)
This circular is currently available only in Arabic, please click here to read the Arabic version.Non-Resident FOREX Trading Companies in KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Combating Unlicensed Banking and Investment Activities within KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Combating Unlicensed Banking and Investment Activities within KSA
This circular is currently available only in Arabic, please click here to read the Arabic version.Non-Resident FOREX Companies Conducting Banking Activities in the Kingdom without a License
Referring to Article 2 of the Banking Control Law, which prohibits conducting banking activities in the Kingdom without a license, as well as the continuous warning and awareness circulars issued by SAMA on the aforementioned subject, most recently Supplementary Circular No. 371000053452, dated 08/05/1437H, and the joint public warning statement from SAMA and the Capital Market Authority (CMA) issued on 19/12/2016G regarding this matter, and in light of the responsibility placed on the financial sector, continuing its role in protecting citizens and residents from dealing with what these companies offer on suspicious websites or through illegal local and foreign intermediaries promoting their activities, SAMA wishes to inform and emphasize the following:
First: Prohibited activities in the Kingdom related to the above-mentioned issue are as follows:
- Currency trading companies (FOREX) and similar entities that do not have contracts with licensed banks, investment firms, or money exchangers operating in the Kingdom, especially task delegation contracts, and are promoting and marketing their activities by any means (websites, phone calls, etc.), either by directly inviting people to deal with them or by exploiting relationships and services provided by the local financial sector*.
- Unlicensed individuals (natural or legal persons) engaging in banking activities in the Kingdom, promoting currency trading companies, and acting as direct or indirect intermediaries and brokers, who use their accounts and financial relationships within the local financial sector in the Kingdom for purposes contrary to the original intent of opening those accounts and establishing those relationships.
- Individuals or entities conducting direct transfers to currency trading companies (FOREX) outside the Kingdom using their accounts and financial relationships with licensed banks and
money exchangers in the Kingdom in transactions, for purposes unrelated to the original intent of opening those accounts (whether personal or commercial).
Second: Required actions and precautions:
- Adherence to the Rules Governing the Opening of Bank Accounts in the Kingdom, particularly the prohibition on opening accounts for non-residents, and monitoring the usage of accounts strictly for their intended purposes.
- Compliance with the Anti-Money Laundering Law and its regulations, as well as the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide for banks and money exchange offices and branches of foreign banks operating in the Kingdom of Saudi Arabia regarding reporting to the General Department of Financial Intelligence about suspicious transactions and accounts, including transfers linked to currency trading outside the Kingdom.
- Monitoring customer transfer requests abroad. If it is determined that the transfer is intended for currency trading companies (FOREX), the transfer should be halted, and the customer should be informed, the relationship reassessed, and due diligence applied.
- Monitoring inbound transfers from currency trading companies abroad. If it is determined that the source is related to dealings with such companies, the transfer should be returned to the sender.
- Updating the list of companies previously circulated by SAMA regarding violating companies and linking it to electronic systems to allow branches, transfer centers, and regulatory bodies to track illegal transfers.
- Being aware that some currency trading companies (FOREX) may change their names periodically to avoid restrictions announced under their previous names, continuing their fraudulent activities against citizens and residents.
- Regularly informing SAMA about any new violating companies not previously listed.
- Sharing information and anti-fraud measures among banks through joint banking committees (compliance, operations, financial crime prevention), which are held monthly.
- Training specialized employees from time to time on related violations, methods of committing them, and ways to address them.
- Educating customers about the risks of dealing with unlicensed individuals, websites, and phone calls promoting investment offers in currency trading, and informing them that any transfers related to currency trading companies will be canceled. This awareness should be conducted through appropriate means.
*According to Circular No. 41027772 dated 21/04/1441H, and given the presence of several global investment companies engaged in foreign exchange (FOREX) trading that are registered with international financial market regulatory bodies in their respective countries, you can find a list of regulatory authority websites through which you can view the list of licensed companies to exclude them from the blacklist.- Currency trading companies (FOREX) and similar entities that do not have contracts with licensed banks, investment firms, or money exchangers operating in the Kingdom, especially task delegation contracts, and are promoting and marketing their activities by any means (websites, phone calls, etc.), either by directly inviting people to deal with them or by exploiting relationships and services provided by the local financial sector*.
Unauthorised Banking and Investment Business in the Kingdom
This section is currently available only in Arabic, please click here to read the Arabic version.Prohibition of Transfers to a Number of Foreign Financial Companies that Do Banking or Investment Business in the Kingdom Without a Licence
This section is currently available only in Arabic, please click here to read the Arabic version.A Number of Foreign Companies and Money Changers Practicing Banking and Investment Operations without Permit
This section is currently available only in Arabic, please click here to read the Arabic version.Execution of Banking and Investment Operations by a Number of Foreign Companies and Offices without a Permit-1424
Execution of Banking and Investment Operations by a Number of Foreign Companies and Offices without a Permit-1422
Archive 2
Minimum Regulatory Requirements
Finalized Guidance Document Concerning the Implementation of Basel III
No: 341000015689 Date(g): 19/12/2012 | Date(h): 6/2/1434 Status: In-Force 1. Overview
SAMA will implement Basel II.5 and Basel III framework commencing as of 1 January 2013 for both i) Standardized Approach and ii) IRB Approaches. Specifically, the Regulatory Capital under Basel III will be an entirely new framework incorporating a more pure and loss absorbent capital structure. However, RWAs under Basel III will be an aggregate of RWA under Basel II and enhancements and modifications to these RWA under Basel II.5 and Basel III frameworks. Refer to attached Basel III Prudential Returns package.
The finalized Guidance Document and Prudential Returns concerning Basel II.5 for both Standardized and IRB Approach have already been circulated through SAMA Circular # BCS 25478 dated 21 October 2012. These Guidance Notes are related exclusively to Basel III concerning both Standardized and IRB Approaches.
As both the Basel II.5 and Basel III Framework are to be implemented concurrently, the following are their major elements with regard to Regulatory Capital and Enhanced Risk Coverage.
For SAMA’s National Discretion items, please refer to Annex # 9.
A.1.1 Refining and Enhancing Regulatory Capital for Basel III
Basel III
The main reasons for the economic and financial crisis, which began in 2007 was that the banks of many countries had 1) insufficient quality of capital 2) limited risk coverage 3) had built up excessive on and off-balance sheet leverage. This was accompanied by a gradual erosion of the level and quality of the capital base and at the same time, many banks were holding insufficient liquidity buffers. The banking system therefore was not able to absorb the resulting systemic trading and credit losses nor could it cope with the re-intermediation of large off-balance sheet exposures that had built up.
Consequently, the Basel III framework is composed of the following major enhancements (1 to 5) which are to be implemented on a staggered approach up to 2019 in accordance with the phase in arrangement describe in Annex #1. In this respect, items 3 (Leverage) and 5 [Liquidity (LCR & NSFR)] are currently being monitored for Saudi banks in accordance with the Phase in arrangements from January 2011 and 2012 respectively.
1. Strengthening the quality of Regulatory Capital
2. Enhanced Risk Coverage
3. Leverage Ratio – refer to SAMA Circular # BCS 5610 dated 13 February 2011
4. Introduction of Capital buffers
5. Introduction of Global Liquidity Standards [Liquidity Coverage Ratio (LCR) and Net Stable Funding Ratio (NSFR)] – refer to SAMA Circular # BCS 28266 dated 19 November 2011
Consequently, these specific guidance and prudential returns are being provided for 1, 2 and 4 through this document which will initiate the monitoring of Basel III capital ratios by 1 January 2013 as per Annex # 1.
Strengthening the Quality of Regulatory Capital
Basel III framework makes critical that banks’ Enhanced risk exposures are backed by a high quality capital base. To this end, the predominant form of Tier 1 capital must be common shares and retained earnings. BCBS principles adopted by SAMA ensure that banks hold a high quality Tier 1 capital that represent "Pure Capital" which is highly "Loss Absorbent" through the following measures:
• Deductions from capital and prudential filters to be generally applied at the level of common equity or its equivalent.
• Subordinated debt of high quality
• Fully discretionary noncumulative dividends or coupons
• Neither a maturity date nor an incentive to redeem.
• Innovative hybrid capital instruments with an incentive to redeem through features such as step-up clauses, currently limited to 15% of the Tier 1 capital base, will be phased out.
• Tier 3 capital instruments to cover market risks are eliminated.
• To improve market discipline, the transparency of the capital base will be improved, with all elements of capital required to be disclosed along with a detailed reconciliation to the reported accounts.
SAMA plans to ensure that its definition of Basel III Regulatory Capital is in compliance with BCBS requirements. This will be accomplished through compliance with requirements as described in Annexes # 2 to 4. Further, SAMA will ensure the Basel III enhancements to Definition of Capital are implemented in a manner that minimizes the disruption to capital instruments that are currently outstanding by Saudi banks.
B.1.2 Enhancing Risk Coverage (Pillar 1) for Basel II.5 and Basel III
1.2.1 Basel II.5 – Enhancing Risk Coverage (Pillar 1)
SAMA implemented Basel II.5 through its Guidance Document and Prudential Return. These introduced further refinements to its Basel II reforms related to capital requirements relating to securitized and resecuritized assets or Risk Weighted Assets for Pillar 1 risks i.e. for Credit and Market risks. Basel II.5 components of Pillar 1, Pillar 2 and Pillar 3 enhancements have been implemented on the basis of the following BCBS documents.
• Enhancement to the Basel II Framework – July 2009
• Revisions to the Basel II Market Risk Framework – December 2010
In specific, these refinements are concerning Securitization and Resecuritization activities in the Banking book and Trading book. These reforms will raise capital requirements for the trading book and complex securitization exposures, which were a major source of losses for many internationally active banks. The enhanced treatment also introduced a stressed value-at- risk (VaR) capital requirement based on a continuous 12-month period of significant financial stress. In addition, the Committee set higher capital requirements for so-called resecuritizations in both the banking and the trading book. Basel III also raised the standard of the Pillar 2 supervisory review process and strengthened Pillar 3 disclosures.
The Committee is also conducting a fundamental review of the trading book. The work on the fundamental review of the trading book currently is incomplete (BCBS document of May 2012).
Consequently, with regard to Market Risk, SAMA will not implement the option to use models for both Basel II.5 or Basel III for the Trading book.
1.2.2 Basel III Framework – Enhanced Risk Coverage
Basel III also introduced measures to strengthen the capital requirements through Enhanced Risk Coverage as given below, which included counterparty credit exposures arising from banks’ derivatives, repo and Securities Financing Activities (SFA). These reforms also included the raising of capital buffers backing these additional exposures, in order to reduce procyclicality and provide additional incentives to move to OTC derivative contracts to central counterparties, thus helping reduce systemic risk across the financial system.
Further, Basel III also provides incentives to strengthen the risk management of counterparty credit exposures. The enhancement to counterparty credit exposures as given below was the main change amongst others to Enhanced Risk Coverage in the Basel III framework:
A. Counterparty Credit Risk
1. Revised metric to better address counterparty credit risk, credit valuation adjustments and wrong-way risks
2. Introduction of Asset Value correlation (AVC) for Financial Institutions
3. Collateralized counterparties and increased margin period of risk
4. Central Counterparties (CCPs)
5. Enhanced counterparty credit risk management requirements
B. Addressing Reliance on external credit ratings and minimizing cliff effects
1. Standardized Inferred rating treatment for long-term exposure
2. Incentive to avoid getting exposures rated
3. Incorporation of IOSCO’s Code of Conduct Fundamentals for Credit Rating Agencies
4. ‘‘Cliff effects’’ arising from guarantees and credit derivatives- ‘‘CRM’’
5. Unsolicited ratings and recognition of ECAI’s
The more specific, Basel III enhancements include the following:
1. Banks will be subject to an additional capital charge for potential mark-to-market losses (i.e. credit valuation adjustment – CVA – risk) associated with a deterioration in the credit worthiness of a counterparty. This charge is applicable both i) under Standardized Approach and ii) IRB Approaches. While the Basel II standard covers the risk of a counterparty default, it does not address such CVA risk, which during the financial crisis was a greater source of losses than those arising from outright defaults. Consequently, an additional Counterparty Credit risk.
2. Under IRB, banks must determine their capital requirement for counterparty credit risk using stressed inputs. This will address concerns about capital charges becoming too low during periods of compressed market volatility and help address procyclicality. The approach, which is similar to what has been introduced for market risk, will also promote more integrated management of market and counterparty credit risk.
3. Basel III Framework has strengthened standards for collateral management and initial margining. Banks with large and illiquid derivative exposures to a counterparty will have to apply longer margining periods as a basis for determining the regulatory capital requirement. Additional standards have been adopted to strengthen collateral risk management practices.
4. Basel III Framework also includes the additional systemic risk arising from the interconnectedness of banks and other financial institutions through the derivatives markets. In this regard, the Basel III Framework supports the efforts of the Committee on Payments and Settlement Systems (CPSS) and the International Organization of Securities Commissions (IOSCO) to establish strong standards for financial market infrastructures, including central counterparties. These standards have now been finalized through the BCBS Finalized Document entitled "Capital Requirements for Banks Exposures to Central Counterparties" of July 2012.The capitalization of bank exposures to central counterparties (CCPs) is based in part on the compliance of the CCP with such standards. A bank’s collateral and mark-to-market exposures to CCPs meeting these enhanced principles will be subject to a low risk weight, proposed at 2%; and default fund exposures to CCPs will be subject to risk-sensitive capital requirements. These criteria, together with strengthened capital requirements for bilateral OTC derivative exposures, will create strong incentives for banks to move exposures to such CCPs. Moreover, to address systemic risk within the financial sector, the Committee also is raising the risk weights through IRB Approaches only on exposures to financial institutions relative to the non-financial corporate sector, as financial exposures are more highly correlated than non-financial ones.
5. The Committee is raising counterparty credit risk management standards in a number of areas, including for the treatment of wrong-way risk, i.e. cases where the exposure increases when the credit quality of the counterparty deteriorates. It also issued final additional guidance for the sound backtesting of counterparty credit exposures. Finally, the Committee assessed a number of measures to mitigate the reliance on external ratings of the Basel II framework. The measures include requirements for banks to perform their own internal assessments of externally rated securitization exposures, the elimination of certain “cliff effects” associated with credit risk mitigation practices, and the incorporation of key elements of the IOSCO Code of Conduct Fundamentals for Credit Rating Agencies into the Committee’s eligibility criteria for the use of external ratings in the capital framework. The Committee also is conducting a more fundamental review of the securitization framework, including its reliance on external ratings.
A. Regulatory Capital Under Basel III
2. Definition of Regulatory Capital for Basel III
2.1 A Summary of Components of Capital
Total regulatory capital will consist of the sum of the following elements:
• Tier 1 Capital (going-concern capital)
a. Common Equity Tier 1Capital
b. Additional Tier 1Capital
• Tier 2 Capital
For each of the three categories above (Tier-1-a, Tier-1-b and Tier-2 capital) there are sets of criteria that instruments are required to meet before inclusion in the relevant category. (Refer to attachment # 2 to 4).
Limits and minima
All elements above are net of the associated regulatory adjustments and are subject to the following restrictions (see also Annex 1):
• Common Equity Tier 1 must be at least 4.5% of risk-weighted assets at all times.
• Tier 1 Capital must be at least 6.0% of risk-weighted assets at all times.
• Total Capital (Tier 1 Capital plus Tier 2 Capital) must be at least 8.0% of risk weighted assets at all times.
2.2 Details on Components of Regulatory Capital
2.2.1 Common Equity Tier 1
Common Equity Tier 1 capital consists of the sum of the following elements:
• Common shares issued by the bank that meet the criteria for classification as common shares for regulatory purposes (or the equivalent for non-joint stock companies);
• Stock surplus (share premium) resulting from the issue of instruments included Common Equity Tier 1;
• Retained earnings;
• Accumulated other comprehensive income and other disclosed reserves;
(There is no adjustment applied to remove from Common Equity Tier 1 unrealized gains or losses recognized on the balance sheet. Unrealized losses are subject to the transitional arrangements set out in paragraph 94 (c) and (d) Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems, 2011.)
• Common shares issued by consolidated subsidiaries of the bank and held by third parties (i.e. minority interest) that meet the criteria for inclusion in Common Equity Tier 1 capital.
• Retained earnings and other comprehensive income include interim profit or loss.
• Dividends are removed from Common Equity Tier 1 in accordance with applicable accounting standards. The treatment of minority interest and the regulatory adjustments applied in the calculation of Common Equity Tier 1 are addressed in separate sections.
Common shares issued by the bank
For an instrument to be included in Common Equity Tier 1 capital it must meet all of the criteria that an outlined in Annex-2. The vast majority of internationally active banks are structured as joint stock companies. (Joint stock companies are defined as companies that have issued common shares, irrespective of whether these shares are held privately or publically. These will represent the vast majority of internally active banks)1 and for these banks the criteria must be met solely with common shares.
In the rare cases where banks need to issue non-voting common shares as part of Common Equity Tier 1, they must be identical to voting common shares of the issuing bank in all respects except the absence of voting rights.
• Common shares issued by consolidated subsidiaries are described in section 3 of this document.
Regulatory adjustments applied in the calculation of Common Equity Tier 1 are described in section 4 of this document.
• Common shares issued by consolidated subsidiaries are described in section 3 of this document.
2.2.2. Additional Tier 1 capital
• A minimum set of criteria for an instrument issued by the bank to meet or to exceed in order for its to be included in additional Tier-1 Capital and described in Annex # 3.
Additional Tier 1 capital consists of the sum of the following elements:
• Instruments issued by the bank that meet the criteria for inclusion in Additional Tier 1 capital (and are not included in Common Equity Tier 1); Refer to paragraph 87-89, A global regulatory framework for more resilient banks and banking systems – revised version (rev June 2011)
• Stock surplus (share premium) resulting from the issue of instruments included in Additional Tier 1 capital;
• Instruments issued by consolidated subsidiaries of the bank and held by third parties that meet the criteria for inclusion in Additional Tier 1 capital and are not included in Common Equity Tier 1. Refer to section 3 for the relevant criteria; and
• Regulatory adjustments applied in the calculation of Additional Tier 1 Capital are addressed in section 4 of this document.
• Tier-1 Capital instruments issued by consolidated subsidiaries are described in section 3 of this document.
2.2.3. Tier 2 Capital
The objective of Tier 2 is to provide loss absorption on a gone-concern basis. Based on this objective, the following out the minimum set of criteria for an instrument to meet or exceed in order for it to be included in Tier 2 capital. (Annex 4)
• For details on the qualifying criteria for Tier 2 capital, please refer to annex # 4.
Tier 2 capital consists of the sum of the following elements:
• Instruments issued by the bank that meet the criteria for inclusion in Tier 2 capital (and are not included in Tier 1 capital);
• Stock surplus (share premium) resulting from the issue of instruments included in Tier 2 capital;
• Instruments issued by consolidated subsidiaries of the bank and held by third parties that meet the criteria for inclusion in Tier 2 capital and are not included in Tier 1 capital are described in section 3.
• Certain loan loss provisions
• Regulatory adjustments applied in the calculation of Tier 2 Capital.
The treatment of regulatory adjustments applied in the calculation of Tier 2 Capital are addressed in section 4.
Stock surplus (share premium) resulting from the issue of instruments included in Tier 2 capital;
Stock surplus (i.e. share premium) that is not eligible for inclusion in Tier 1, will only be permitted to be included in Tier 2 capital if the shares giving rise to the stock surplus are permitted to be included in Tier 2 capital.
General provisions/general loan-loss reserves (for banks using the Standardized Approach for credit risk)
Provisions or loan-loss reserves held against future, presently unidentified losses are freely available to meet losses which subsequently materialize and therefore qualify for inclusion within Tier 2. Provisions ascribed to identified deterioration of particular assets or known liabilities, whether individual or grouped, should be excluded. Furthermore, general provisions/general loan-loss reserves eligible for inclusion in Tier 2 will be limited to a maximum of 1.25 percentage points of credit risk-weighted risk assets calculated under the Standardized approach.
Excess of total eligible provisions under the Internal Ratings-based Approach
Where the total expected loss amount is less than total eligible provisions, as explained in paragraphs 380 to 383 of the June 2006 Comprehensive version of Basel II, banks may recognize the difference in Tier 2 capital up to a maximum of 0.6% of credit risk weighted assets calculated under the IRB approach. SAMA may apply a lower limit than 0.6% which will be communicated to banks.
3. Minority Interest (i.e. Non-Controlling Interest) and Other Capital Issued Out of Consolidated Subsidiaries that is Held by Third Parties
Note: Minority Interests arise on the full consolidation of majority held subsidiaries.
3.1 Common Shares Issued by Consolidated Subsidiaries
Minority interest arising from the issue of common shares by a fully consolidated subsidiary of the bank may receive recognition in Common Equity Tier 1 only if (1) the instrument giving rise to the minority interest would, if issued by the bank, meet all of the criteria for classification as common shares for regulatory capital purposes; and (2) the subsidiary that issued the instrument is itself a bank (for the purposes of this paragraph, any institution that is subject to the same minimum prudential standards and level of supervision as a bank may be considered to be a bank.) & (Minority interest in a subsidiary that is a bank is strictly excluded from the parent bank’s common equity if the parent bank or affiliate has entered into any arrangements to fund directly or indirectly minority investment in the subsidiary whether through an SPV or through another vehicle or arrangement. The treatment outlined above, thus, is strictly available where all minority investments in the bank subsidiary solely represent genuine third party common equity contributions to the subsidiary).
The amount of minority interest meeting the criteria above that will be recognized in consolidated Common Equity Tier 1 will be calculated as follows:
• Total minority interest meeting the two criteria above minus the amount of the surplus Common Equity Tier 1 of the subsidiary attributable to the minority shareholders.
• Surplus Common Equity Tier 1 of the subsidiary is calculated as the Common Equity Tier 1 of the subsidiary minus the lower of: (1) the minimum Common Equity Tier 1 requirement of the subsidiary plus the capital conservation buffer (i.e. 7.0% of risk weighted assets) and (2) the portion of the consolidated minimum Common Equity Tier 1 requirement plus the capital conservation buffer (i.e. 7.0% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Common Equity Tier 1 that is attributable to the minority shareholders is calculated by multiplying the surplus Common Equity Tier 1 by the percentage of Common Equity Tier 1 that is held by minority shareholders.
Refer to para 62 A global regulatory framework for more resilient bank.
3.2 Tier 1 Qualifying Capital Issued by Consolidated Subsidiaries
Tier 1 capital instruments issued by a fully consolidated subsidiary of the bank to third party investors including amounts under paragraph 62 of the BCBS document of June 2011 may receive recognition in Tier 1 capital only if the instruments would, if issued by the bank, meet all of the criteria for classification as Tier 1 capital. The amount of this capital that will be recognized in Tier 1 will be calculated as follows:
• Total Tier 1 of the subsidiary issued to third parties minus the amount of the surplus Tier 1 of the subsidiary attributable to the third party investors.
• Surplus Tier 1 of the subsidiary is calculated as the Tier 1 of the subsidiary minus the lower of: (1) the minimum Tier 1 requirement of the subsidiary plus the capital conservation buffer (ie 8.5% of risk weighted assets) and (2) the portion of the consolidated minimum Tier 1 requirement plus the capital conservation buffer (ie 8.5% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Tier 1 that is attributable to the third party investors is calculated by multiplying the surplus Tier 1 by the percentage of Tier 1 that is held by third party investors.
The amount of this Tier 1 capital that will be recognized in Additional Tier 1 will exclude amounts recognized in Common Equity Tier 1 Capital under paragraph 62 of BCBS document of June 2011.
3.3 Tier 1 and Tier 2 Qualifying Capital Issued by Consolidated Subsidiaries
Total capital instruments (ie Tier 1 and Tier 2 capital instruments) issued by a fully consolidated subsidiary of the bank to third party investors (including amounts under paragraph 3.1 and 3.2) may receive recognition in Total Capital only if the instruments would, if issued by the bank, meet all of the criteria for classification as Tier 1 or Tier 2 capital. The amount of this capital that will be recognized in consolidated Total Capital will be calculated as follows:
• Total capital instruments of the subsidiary issued to third parties minus the amount of the surplus Total Capital of the subsidiary attributable to the third party investors.
• Surplus Total Capital of the subsidiary is calculated as the Total Capital of the subsidiary minus the lower of: (1) the minimum Total Capital requirement of the subsidiary plus the capital conservation buffer (i.e. 10.5% of risk weighted assets) and (2) the portion of the consolidated minimum Total Capital requirement plus the capital conservation buffer (i.e. 10.5% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Total Capital that is attributable to the third party investors is calculated by multiplying the surplus Total Capital by the percentage of Total Capital that is held by third party investors.
The amount of this Total Capital that will be recognized in Tier 2 will exclude amounts recognized in Common Equity Tier 1 under paragraph 3.1 and amounts recognized in Additional Tier 1 under paragraph 3.2.
Paragraphs 64-65: A global regulatory framework for more resilient banks and banking systems – revised version (rev June 2011).
Where capital has been issued to third parties out of a special purpose vehicle (SPV), none of this capital can be included in Common Equity Tier 1. However, such capital can be included in consolidated Additional Tier 1 or Tier 2 and treated as if the bank itself had issued the capital directly to the third parties only if it meets all the relevant entry criteria and the only asset of the SPV is its investment in the capital of the bank in a form that meets or exceeds all the relevant entry criteria (as required by criterion 14 for Additional Tier 1 and criterion 9 for Tier 2). In cases where the capital has been issued to third parties through an SPV via a fully consolidated subsidiary of the bank, such capital may, subject to the requirements of this paragraph, be treated as if the subsidiary itself had issued it directly to the third parties and may be included in the bank’s consolidated Additional Tier 1 or Tier 2 in accordance with the treatment outlined in paragraphs 63 and 64 of the BCBS document of June 2011.
4. Regulatory Adjustments or "Filter"
4.1
This section sets out the regulatory adjustments to be applied to regulatory capital. In most cases these adjustments are applied in the calculation of Common Equity Tier 1.
4.1.1 Goodwill and Other Intangibles (Except Mortgage Servicing Rights)
Goodwill and all other intangibles must be deducted in the calculation of Common Equity Tier 1, including any goodwill included in the valuation of significant investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation. With the exception of mortgage servicing rights, the full amount is to be deducted net of any associated deferred tax liability which would be extinguished if the intangible assets become impaired or derecognized under the relevant accounting standards. The amount to be deducted in respect of mortgage servicing rights is set out in the threshold deductions section below.
Subject to prior supervisory approval, banks that report under local GAAP may use the IFRS definition of intangible assets to determine which assets are classified as intangible and are thus required to be deducted.
4.1.2 Deferred Tax Assets
Deferred tax assets (DTAs) that rely on future profitability of the bank to be realized are to be deducted in the calculation of Common Equity Tier 1. Deferred tax assets may be netted with associated deferred tax liabilities (DTLs) only if the DTAs and DTLs relate to taxes levied by the same taxation authority and offsetting is permitted by the relevant taxation authority. Where these DTAs relate to temporary differences (e.g. allowance for credit losses) the amount to be deducted is set out in the “threshold deductions” section below. All other such assets, e.g. those relating to operating losses, such as the carry forward of unused tax losses, or unused tax credits, are to be deducted in full net of deferred tax liabilities as described above. The DTLs permitted to be netted against DTAs must exclude amounts that have been netted against the deduction of goodwill, intangibles and defined benefit pension assets, and must be allocated on a pro rata basis between DTAs subject to the threshold deduction treatment and DTAs that are to be deducted in full.
An over installment of tax or, in some jurisdictions, current year tax losses carried back to prior years may give rise to a claim or receivable from the government or local tax authority. Such amounts are typically classified as current tax assets for accounting purposes. The recovery of such a claim or receivable would not rely on the future profitability of the bank and would be assigned the relevant sovereign risk weighting.
4.1.3 Cash Flow Hedge Reserves
The amount of the cash flow hedge reserves that relates to the hedging of items that are not fair valued on the balance sheet (including projected cash flows) should be derecognized in the calculation of Common Equity Tier 1. This means that positive amounts should be deducted and negative amounts should be added back.
This treatment specifically identifies the element of the cash flow hedge reserve that is to be derecognized for prudential purposes. It removes the element that gives rise to artificial volatility in common equity, as in this case the reserve only reflects one half of the picture (the fair value of the derivative, but not the changes in fair value of the hedged future cash flow).
4.1.4 Shortfall of the Stock of Provisions to Expected Losses
The deduction from capital in respect of a shortfall of the stock of provisions to expected losses under the IRB approach should be made in the calculation of Common Equity Tier 1. The full amount is to be deducted and should not be reduced by any tax effects that could be expected to occur if provisions were to rise to the level of expected losses.
Gain on sale related to securitization transactions
Derecognize in the calculation of Common Equity Tier 1 any increase in equity capital resulting from a securitization transaction, such as that associated with expected future margin income (FMI) resulting in a gain-on- sale.
Cumulative gains and losses due to changes in own credit risk on fair valued financial liabilities
Derecognize in the calculation of Common Equity Tier 1, all unrealized gains and losses that have resulted from changes in the fair value of liabilities that are due to changes in the bank’s own credit risk.
In addition, with regard to derivative liabilities, derecognize all accounting valuation adjustments arising from the bank's own credit risk. The offsetting between valuation adjustments arising from the bank's own credit risk and those arising from its counterparties' credit risk is not allowed.
(BIS has issued its final guidelines (July 2012) titled “Regulatory treatment of valuation adjustments to derivative liabilities - final rule issued by the Basel Committee”. Banks are advised to refer to the aforementioned, these would be regarded as binding by SAMA with respect to capital computation / capital adequacy under Basel III guidelines.
4.1.5 Defined Benefit Pension Fund Assets and Liabilities
Defined benefit pension fund liabilities, as included on the balance sheet, must be fully recognized in the calculation of Common Equity Tier 1 (ie Common Equity Tier 1 cannot be increased through derecognizing these liabilities). For each defined benefit pension fund that is an asset on the balance sheet, the asset should be deducted in the calculation of Common Equity Tier 1 net of any associated deferred tax liability which would be extinguished if the asset should become impaired or derecognized under the relevant accounting standards. Assets in the fund to which the bank has unrestricted and unfettered access can, with supervisory approval, offset the deduction. Such offsetting assets should be given the risk weight they would receive if they were owned directly by the bank.
This treatment addresses the concern that assets arising from pension funds may not be capable of being withdrawn and used for the protection of depositors and other creditors of a bank. The concern is that their only value stems from a reduction in future payments into the fund. The treatment allows for banks to reduce the deduction of the asset if they can address these concerns and show that the assets can be easily and promptly withdrawn from the fund.
4.1.6 Investments in Own Shares (Treasury Stock)
All of a bank’s investments in its own common shares, whether held directly or indirectly, will be deducted in the calculation of Common Equity Tier 1 (unless already derecognized under the relevant accounting standards). In addition, any own stock which the bank could be contractually obliged to purchase should be deducted in the calculation of Common Equity Tier 1. The treatment described will apply irrespective of the location of the exposure in the banking book or the trading book. In addition:
• Gross long positions may be deducted net of short positions in the same underlying exposure only if the short positions involve no counterparty risk.
• Banks should look through holdings of index securities to deduct exposures to own shares. However, gross long positions in own shares resulting from holdings of index securities may be netted against short position in own shares resulting from short positions in the same underlying index. In such cases the short positions may involve counterparty risk (which will be subject to the relevant counterparty credit risk charge).
This deduction is necessary to avoid the double counting of a bank’s own capital. Certain accounting regimes do not permit the recognition of treasury stock and so this deduction is only relevant where recognition on the balance sheet is permitted. The treatment seeks to remove the double counting that arises from direct holdings, indirect holdings via index funds and potential future holdings as a result of contractual obligations to purchase own shares.
Following the same approach outlined above, banks must deduct investments in their own Additional Tier 1 in the calculation of their Additional Tier 1 capital and must deduct investments in their own Tier 2 in the calculation of their Tier 2 capital.
4.1.7 Reciprocal Cross Holdings in the Capital of Banking, Financial and Insurance Entities
Reciprocal cross holdings of capital that are designed to artificially inflate the capital position of banks will be deducted in full. Banks must apply a “corresponding deduction approach” to such investments in the capital of other banks, other financial institutions and insurance entities. This means the deduction should be applied to the same component of capital for which the capital would qualify if it was issued by the bank itself.
4.2
Investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation and where the bank does not own more than 10% of the issued common share capital of the entity.
The regulatory adjustment described in this section applies to investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation and where the bank does not own more than 10% of the issued common share capital of the entity. In addition:
• Investments include direct, indirect1 and synthetic holdings of capital instruments. For example, banks should look through holdings of index securities to determine their underlying holdings of capital.2
• Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year).
• Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included.
• If the capital instrument of the entity in which the bank has invested does not meet the criteria for Common Equity Tier 1, Additional Tier 1, or Tier 2 capital of the bank, the capital is to be considered common shares for the purposes of this regulatory adjustment.3
Amounts below the threshold, which are not deducted, will continue to be risk weighted. Thus, instruments in the trading book will be treated as per the market risk rules and instruments in the banking book should be treated as per the internal ratings-based approach or the standardized approach (as applicable). For the application of risk weighting the amount of the holdings must be allocated on a pro rata basis between those below and those above the threshold.
1 Indirect holdings are exposures or parts of exposures that, if a direct holding loses its value, will result in a loss to the bank substantially equivalent to the loss in value of the direct holding.
2 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, SAMA may permit banks, subject to prior supervisory approval, to use a conservative estimate.
3 If the investment is issued out of a regulated financial entity and not included in regulatory capital in the relevant sector of the financial entity, it is not required to be deducted.4.2.1
If the total of all holdings listed above in aggregate exceed 10% of the bank’s common equity (after applying all other regulatory adjustments in full listed prior to this one) then the amount above 10% is required to be deducted, applying a corresponding deduction approach. This means the deduction should be applied to the same component of capital for which the capital would qualify if it was issued by the bank itself. Accordingly, the amount to be deducted from common equity should be calculated as the total of all holdings which in aggregate exceed 10% of the bank’s common equity (as per above) multiplied by the common equity holdings as a percentage of the total capital holdings. This would result in a common equity deduction which corresponds to the proportion of total capital holdings held in common equity. Similarly, the amount to be deducted from Additional Tier 1 capital should be calculated as the total of all holdings which in aggregate exceed 10% of the bank’s common equity (as per above) multiplied by the Additional Tier 1 capital holdings as a percentage of the total capital holdings. The amount to be deducted from Tier 2 capital should be calculated as the total of all holdings which in aggregate exceed 10% of the bank’s common equity (as per above) multiplied by the Tier 2 capital holdings as a percentage of the total capital holdings.
If, under the corresponding deduction approach, a bank is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction, the shortfall will be deducted from the next higher tier of capital (eg if a bank does not have enough Additional Tier 1 capital to satisfy the deduction, the shortfall will be deducted from Common Equity Tier 1).
4.3 Significant investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation 1
The regulatory adjustment described in this section applies to investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation where the bank owns more than 10% of the issued common share capital of the issuing entity or where the entity is an affiliate2 of the bank. In addition:
• Investments include direct, indirect and synthetic holdings of capital instruments. For example, banks should look through holdings of index securities to determine their underlying holdings of capital.3
• Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year).
• Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included.
• If the capital instrument of the entity in which the bank has invested does not meet the criteria for Common Equity Tier 1, Additional Tier 1, or Tier 2 capital of the bank, the capital is to be considered common shares for the purposes of this regulatory adjustment.4
• National discretion applies to allow banks, with prior supervisory approval, to exclude temporarily certain investments where these have been made in the context of resolving or providing financial assistance to reorganize a distressed institution. (If necessary and relevant, please refer to SAMA for further guidance.)
All investments included above that are not common shares must be fully deducted following a corresponding deduction approach. This means the deduction should be applied to the same tier of capital for which the capital would qualify if it was issued by the bank itself. If the bank is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction, the shortfall will be deducted from the next higher tier of capital (e.g. if a bank does not have enough Additional Tier 1 capital to satisfy the deduction, the shortfall will be deducted from Common Equity Tier 1).
Investments included above that are common shares will be subject to the threshold treatment described in the next section.
1 Investments in entities that are outside of the scope of regulatory consolidation refers to investments in entities that have not been consolidated at all or have not been consolidated in such a way as to result in their assets being included in the calculation of consolidated risk-weighted assets of the group.
2 An affiliate of a bank is defined as a company that controls, or is controlled by, or is under common control with, the bank. Control of a company is defined as (1) ownership, control, or holding with power to vote 20% or more of a class of voting securities of the company; or (2) consolidation of the company for financial reporting purposes.
3 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, SAMA may permit banks to use a conservative estimate.
4 If the investment is issued out of a regulated financial entity and not included in regulatory capital in the relevant sector of the financial entity, it is not required to be deducted.4.4 Threshold Deductions
Instead of a full deduction, the following items may each receive limited recognition when calculating Common Equity Tier 1, with recognition capped at 10% of the bank’s common equity (after the application of all regulatory adjustments set out in paragraphs 4.1.1 to 4.3):
• Significant investments in the common shares of unconsolidated financial institutions (banks, insurance and other financial entities) as referred to in paragraph 4.3 of this document; (Refer to paragraph 87,89, A global regulatory framework for more resilient bank and banking systems – revised version (rev June 2011)
• Mortgage servicing rights (MSRs); and
• DTAs that arise from temporary differences.
On 1 January 2013, a bank must deduct the amount by which the aggregate of the three items above exceeds 15% of its common equity component of Tier 1 (calculated prior to the deduction of these items but after application of all other regulatory adjustments applied in the calculation of Common Equity Tier 1). The items included in the 15% aggregate limit are subject to full disclosure. As of 1 January 2018, the calculation of the 15% limit will be subject to the following treatment: the amount of the three items that remains recognized after the application of all regulatory adjustments must not exceed 15% of the Common Equity Tier 1 capital, calculated after all regulatory adjustments. See Annex 2 for an example.
The amount of the three items that are not deducted in the calculation of Common Equity Tier 1 will be risk weighted at 250%. (Refer to Prudential Return)
4.10 Former Deductions from Capital
90. The following items, which under Basel II were deducted 50% from Tier 1 and 50% from Tier 2 (or had the option of being deducted or risk weighted), will receive a 1250% risk weight: (Refer to Prudential Return)
• Certain Securitization and Resecuritization exposures;
• Certain equity exposures under the PD/LGD approach;
• Non-payment/delivery on non-DvP and non-PvP transactions; and
• Significant investments in commercial entities.
5. Transitional Arrangements
The transitional arrangements for implementing the new standards will help to ensure that there is minimal disruption in banking sector, and that it can meet the higher capital standards through reasonable earnings retention and capital raising, while still supporting lending to the economy. The transitional arrangements include:
5.1 Minimum Capital Adequacy Ratio – Please Also Refer to Annex-1
National implementation by member countries will begin on 1 January 2013. Member countries must translate the rules into national laws and regulations before this date. As of 1 January 2013, banks will be required to meet the following new minimum requirements in relation to risk-weighted assets (RWAs):
– 3.5% Common Equity Tier 1/RWAs;
– 4.5% Tier 1 capital/RWAs, and
– 8.0% total capital/RWAs.
5.2 Phasing in of the Minimum Common Equity Tier 1 and Tier 1 Requirements
The minimum Common Equity Tier 1 and Tier 1 requirements will be phased in between 1 January 2013 and 1 January 2015. On 1 January 2013, the minimum Common Equity Tier 1 requirement will rise from the current 2% level to 3.5%. The Tier 1 capital requirement will rise from 4% to 4.5%. On 1 January 2014, banks will have to meet a 4% minimum Common Equity Tier 1 requirement and a Tier 1 requirement of 5.5%. On 1 January 2015, banks will have to meet the 4.5% Common Equity Tier 1 and the 6% Tier 1 requirements. The total capital requirement remains at the existing level of 8.0% and so does not need to be phased in. The difference between the total capital requirement of 8.0% and the Tier 1 requirement can be met with Tier 2 and higher forms of capital.
5.3 15% Limit for Significant Investment
The regulatory adjustments (ie deductions and prudential filters), including amounts above the aggregate 15% limit for significant investments in financial institutions, mortgage servicing rights, and deferred tax assets from temporary differences, would be fully deducted from Common Equity Tier 1 by 1 January 2018.
5.4 Phasing in Regulatory Adjustment
In particular, the regulatory adjustments will begin at 20% of the required adjustments to Common Equity Tier 1 on 1 January 2014, 40% on 1 January 2015, 60% on 1 January 2016, 80% on 1 January 2017, and reach 100% on 1 January 2018. During this transition period, the remainder not deducted from Common Equity Tier 1 will continue to be subject to existing national treatments (Follow up). The same transition approach will apply to deductions from Additional Tier 1 and Tier 2 capital. Specifically, the regulatory adjustments to Additional Tier 1 and Tier 2 capital will begin at 20% of the required deductions on 1 January 2014, 40% on 1 January 2015, 60% on 1 January 2016, 80% on 1 January 2017, and reach 100% on 1 January 2018. During this transition period, the remainder not deducted from capital will continue to be subject to existing national treatments. (Follow up)
5.5 The Treatment of Capital Issued Out of Subsidiaries and Held by Third Parties
The treatment of capital issued out of subsidiaries and held by third parties (eg minority interest) will also be phased in. Where such capital is eligible for inclusion in one of the three components of capital according to paragraphs 63 to 65 of the BCBS document of June 2011, it can be included from 1 January 2013. Where such capital is not eligible for inclusion in one of the three components of capital but is included under the existing national treatment, 20% of this amount should be excluded from the relevant component of capital on 1 January 2014, 40% on 1 January 2015, 60% on 1 January 2016, 80% on 1 January 2017, and reach 100% on 1 January 2018.
5.6 Grand Fathering
Existing public sector capital injections will be grandfathered until 1 January 2018.
5.7 Capital Instruments that No Longer Qualify as Non-Common Equity Tier 1 Capital
Capital instruments that no longer qualify as non-common equity Tier 1 capital or Tier 2 capital will be phased out beginning 1 January 2013. Fixing the base at the nominal amount of such instruments outstanding on 1 January 2013, their recognition will be capped at 90% from 1 January 2013, with the cap reducing by 10 percentage points in each subsequent year. This cap will be applied to Additional Tier 1 and Tier 2 separately and refers to the total amount of instruments outstanding that no longer meet the relevant entry criteria. To the extent an instrument is redeemed, or its recognition in capital is amortized, after 1 January 2013, the nominal amount serving as the base is not reduced. In addition, instruments with an incentive to be redeemed will be treated as follows:
– For an instrument that has a call and a step-up prior to 1 January 2013 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward-looking basis will meet the new criteria for inclusion in Tier 1 or Tier 2, it will continue to be recognized in that tier of capital.
– For an instrument that has a call and a step-up on or after 1 January 2013 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis will meet the new criteria for inclusion in Tier 1 or Tier 2, it will continue to be recognized in that tier of capital. Prior to the effective maturity date, the instrument would be considered an “instrument that no longer qualifies as Additional Tier 1 or Tier 2” and will therefore be phased out from 1 January 2013.
– For an instrument that has a call and a step-up between 12 September 2010 and 1 January 2013 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in Tier 1 or Tier 2, it will be fully derecognized in that tier of regulatory capital from 1 January 2013.
– For an instrument that has a call and a step-up on or after 1 January 2013 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in Tier 1 or Tier 2, it will be derecognized in that tier of regulatory capital from the effective maturity date. Prior to the effective maturity date, the instrument would be considered an “instrument that no longer qualifies as Additional Tier 1 or Tier 2” and will therefore be phased out from 1 January 2013.
– For an instrument that had a call and a step-up on or prior to 12 September 2010 (or another incentive to be redeemed), if the instrument was not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in Tier 1 or Tier 2, it will be considered an “instrument that no longer qualifies as Additional Tier 1 or Tier 2” and will therefore be phased out from 1 January 2013.
Capital instruments that do not meet the criteria for inclusion in Common Equity Tier 1 will be excluded from Common Equity Tier 1 as of 1 January 2013. However, instruments meeting the following three conditions will be phased out over the same horizon described in paragraph 94(g): (1) they are issued by a non-joint stock company1; (2) they are treated as equity under the prevailing accounting standards; and (3) they receive unlimited recognition as part of Tier 1 capital under current national banking law.
Only those instruments issued before 12 September 2010 qualify for the above transition arrangements.
NOTE: Banks should also refer to SAMA Circular entitled "Elements of the Reforms to Raise the Quality of Regulatory Capital – Loss Absorbency at the Point of Non- Viability issued through SAMA Circular # BCS 5611 dated 13 February 2011.
1 Non-joint stock companies were not addressed in the Basel Committee’s 1998 agreement on instruments eligible for inclusion in Tier 1 capital as they do not issue voting common shares.
B. Pillar 1 Requirements
Enhancement Risk Under Basel III Framework
6. Enhanced Risk Coverage
In addition to raising the quality and level of the capital base, the Basel III framework recognized the need to ensure that all material risks are captured in the capital framework. Failure to capture major on- and off-balance sheet risks, as well as derivative related exposures, was a key factor that amplified the crisis. This section outlines enhancement to Risk Coverage under the Basel III framework as given below.
A. Counterparty Credit Risk
• Revised metric to better address counterparty credit risk, credit valuation adjustments and wrong-way risks
• Introduction of Asset Value correlation (AVC) for Financial Institutions
• Collateralized counterparties and increased margin period of risk
• Central Counterparties (CCPs)
• Enhanced counterparty credit risk management requirements
B. Addressing Reliance on external credit ratings and minimizing cliff effects
• Standardized Inferred rating treatment for long-term exposure
• Incentive to avoid getting exposures rated
• Incorporation of IOSCO’s Code of Conduct Fundamentals for Credit Rating Agencies
• ‘’Cliff effects’’ arising from guarantees and credit derivatives- ‘’CRM’’
• Unsolicited ratings and recognition of ECAI’s
6.1 Counterparty Credit Risk
As mentioned, Counterparty Credit Risk under Basel II only measured Default Risk which could be calculated by using the following 3 methods, where SAMA adopted the # 3 Current Exposure Method.
1. Internal Model Method
2. Standardized Approach
3. Current Exposure Method (CEM)
In this regard, SAMA had permitted only the Current Exposures Method under Basel II. For Basel III purposes as in Basel II banks are to use the more simple CEM.
Further, Basel III introduced the concept of Current Value Adjustment (CVA) as an additional Counterparty Risk, which again can be determined by using the Internal Model Method (IMM) or the Standardized Method.
It should also be emphasized that Basel III introduced incremental risk or additional risk through the concept of the Credit Value Adjustment which measure the counterparty risk prior to default. Consequently, total risk is an aggregate of these two.
The main revision to Internal Models Method to measure default risk exposure is to using the Effective EPE with stressed parameters.
In this regard, the Default risk capital charge is the greater of:
• Portfolio level capital charge based on effective EPE (not including CVA charge using current market data) and the portfolio level capital charge based on effective EPE under stress calibration.
B. Credit Value Adjustment
Capitalization of the risk of CVA losses
The major element of CVA include the following:
• Applies to IMM and non IMM banks
• Huge mark-to-market losses incurred during financial crisis
• BCBS introduced a ‘’bond equivalent of the counterparty exposure’’ approach which aims to better capture CVA losses
• In addition to default risk, additional capital charge introduced for CCR for OTC derivatives
• Transactions with SFTs and CCPs excluded from CVA capital charge unless these are material, where the materiality threshold for SFT’s will be defined by SAMA and if warranted, bank will be advised accordingly.
• Banks with IMM approval and Specific Interest Rate Risk VaR model approval for bonds will use ‘’Advanced CVA risk capital charge’’
• All other banks will calculate CVA capital charge based on ‘’Standardized CVA risk capital charge’’ methodology
• Under Basel II, Banks in KSA are mandated by SAMA to use ‘’CEM’’ methodology for both Standardized & IRB Approach. However, for Basel III they can utilize IMM as well.
• Under the Standardized Approach, Banks would be required to develop enhanced system’s capability to apply this formula
• Maturity: Mi is the notional weighted average maturity (FAQ- For CVA purposes, the 5-year cap of the effective maturity will not be applied). This applies to all transactions with the counterparty, not only to index CDS- Maturity will be capped at the longest contractual remaining maturity in the netting set.
A. Counterparty credit risk using Internal Models
This section is only applicable for those banks that have been given regulatory approval by SAMA to use the IMM Approach to calculate counterparty credit risk. Alternatively, Banks should use Standardized Approach 6.1.B on page 30. Also, for further clarifications, please refer to SAMA Circular # BCS 24331 dated 4 September 2012 entitled "Basel III Definition of Capital FAQs (p.7).
6.1.A Internal Model Method (IMM)
Default Risk Exposures Calculation
Internal Model (EPE)
25(i). To determine the default risk capital charge for counterparty credit risk as defined in paragraph 105, banks must use the greater of the portfolio-level capital charge (not including the CVA charge in paragraphs 97-104) based on Effective EPE using current market data and the portfolio-level capital charge based on Effective EPE using a stress calibration. The stress calibration should be a single consistent stress calibration for the whole portfolio of counterparties. The greater of Effective EPE using current market data and the stress calibration should not be applied on a counterparty by counterparty basis, but on a total portfolio level.
61. When the Effective EPE model is calibrated using historic market data, the bank must employ current market data to compute current exposures and at least three years of historical data must be used to estimate parameters of the model. Alternatively, market implied data may be used to estimate parameters of the model. In all cases, the data must be updated quarterly or more frequently if market conditions warrant. To calculate the Effective EPE using a stress calibration, the bank must also calibrate Effective EPE using three years of data that include a period of stress to the credit default spreads of a bank’s counterparties or calibrate Effective EPE using market implied data from a suitable period of stress. The following process will be used to assess the adequacy of the stress calibration:
• The bank must demonstrate, at least quarterly, that the stress period coincides with a period of increased CDS or other credit spreads – such as loan or corporate bond spreads – for a representative selection of the bank’s counterparties with traded credit spreads. In situations where the bank does not have adequate credit spread data for a counterparty, the bank should map each counterparty to specific credit spread data based on region, internal rating and business types.
• The exposure model for all counterparties must use data, either historic or implied, that include the data from the stressed credit period, and must use such data in a manner consistent with the method used for the calibration of the Effective EPE model to current data.
• To evaluate the effectiveness of its stress calibration for Effective EPE, the bank must create several benchmark portfolios that are vulnerable to the same main risk factors to which the bank is exposed. The exposure to these benchmark portfolios shall be calculated using (a) current positions at current market prices, stressed volatilities, stressed correlations and other relevant stressed exposure model inputs from the 3-year stress period and (b) current positions at end of stress period market prices, stressed volatilities, stressed correlations and other relevant stressed exposure model inputs from the 3-year stress period. Supervisors may adjust the stress calibration if the exposures of these benchmark portfolios deviate substantially.
Calculation of Credit Value Adjustment (CVA)
The Concept
Credit Value Adjustments (CVA) under Basel III is an incremental credit risk capital charge prior to default. Under Basel II and Basel II.5 counterparty credit risk methodology only calculated capital requirements for default risk. However, Basel III brings in the capital charge with regard to the deterioration of a counterparty risk prior to default. Consequently, the CVA is in addition or as an incremental risk to default risk. SAMA's methodology uses the Current Exposure Method (CEM) for Default Risk which is one of the four methods prescribed under Basel II Annex # 41. Consequently, capital requirements for counterparty risk is the aggregate of CEM and CVA calculations.
Specific Aspects of CVA under IMM Approach
Capitalization of the risk of CVA losses
99. To implement the bond equivalent approach, the following new section VIII will be added to Annex 4 of the Basel II framework.1 The new paragraphs (97 to 105) are to be inserted after paragraph 96 in Annex 4.1
VIII. Treatment of mark-to-market counterparty risk losses (CVA capital charge)
- CVA Risk Capital Charge
97. In addition to the default risk capital requirements for counterparty credit risk determined based on the standardized or internal ratings- based (IRB) approaches for credit risk, a bank must add a capital charge to cover the risk of mark-to-market losses on the expected counterparty risk (such losses being known as credit value adjustments, CVA) to OTC derivatives. The CVA capital charge will be calculated in the manner set forth below depending on the bank’s approved method of calculating capital charges for counterparty credit risk and specific interest rate risk. A bank is not required to include in this capital charge (i) transactions with a central counterparty (CCP); and (ii) securities financing transactions (SFT), unless their supervisor determines that the bank’s CVA loss exposures arising from SFT transactions are material.
A. Banks with IMM approval and Specific Interest Rate Risk VaR model2 approval for bonds: Advanced CVA risk capital charge
98. Banks with IMM approval for counterparty credit risk and approval to use the market risk internal models approach for the specific interest-rate risk of bonds must calculate this additional capital charge by modeling the impact of changes in the counterparties’ credit spreads on the CVAs of all OTC derivative counterparties, together with eligible CVA hedges according to new paragraphs 102 and 103, using the bank’s VaR model for bonds. This VaR model is restricted to changes in the counterparties’ credit spreads and does not model the sensitivity of CVA to changes in other market factors, such as changes in the value of the reference asset, commodity, currency or interest rate of a derivative. Regardless of the accounting valuation method a bank uses for determining CVA, the CVA capital charge calculation must be based on the following formula for the CVA of each counterparty:
Where:
• ti is the time of the i-th revaluation time bucket, starting from t0=0.
• tT is the longest contractual maturity across the netting sets with the counterparty.
• si is the credit spread of the counterparty at tenor ti, used to calculate the CVA of the counterparty. Whenever the CDS spread of the counterparty is available, this must be used. Whenever such a CDS spread is not available, the bank must use a proxy spread that is appropriate based on the rating, industry and region of the counterparty.
• LGDMKT is the loss given default of the counterparty and should be based on the spread of a market instrument of the counterparty (or where a counterparty instrument is not available, based on the proxy spread that is appropriate based on the rating, industry and region of the counterparty). It should be noted that this LGDMKT, which inputs into the calculation of the CVA risk capital charge, is different from the LGD that is determined for the IRB and CCR default risk charge, as this LGDMKT is a market assessment rather than an internal estimate.
• The first factor within the sum represents an approximation of the market implied marginal probability of a default occurring between times ti-1 and ti. Market implied default probability (also known as risk neutral probability) represents the market price of buying protection against a default and is in general different from the real-world likelihood of a default.
• EEi is the expected exposure to the counterparty at revaluation time ti, as defined in paragraph 30 (regulatory expected exposure), where exposures of different netting sets for such counterparty are added, and where the longest maturity of each netting set is given by the longest contractual maturity inside the netting set. For banks using the short cut method (paragraph 41 of Annex 4)1 for margined trades, the paragraph 99 should be applied.
• Di is the default risk-free discount factor at time ti, where D0 = 1.
99. The formula in paragraph 98 must be the basis for all inputs into the bank’s approved VaR model for bonds when calculating the CVA risk capital charge for a counterparty. For example, if this approved VaR model is based on full repricing, then the formula must be used directly. If the bank’s approved VaR model is based on credit spread sensitivities for specific tenors, the bank must base each credit spread sensitivity on the following formula:3
If the bank’s approved VaR model uses credit spread sensitivities to parallel shifts in credit spreads (Regulatory CS01), then the bank must use the following formula:4
If the bank’s approved VaR model uses second-order sensitivities to shifts in credit spreads (spread gamma), the gammas must be calculated based on the formula in paragraph 98.
Banks using the short cut method for collateralized OTC derivatives (paragraph 41 in Appendix 4), must compute the CVA risk capital charge according to paragraph 98, by assuming a constant EE (expected exposure) profile, where EE is set equal to the effective expected positive exposure of the shortcut method for a maturity equal to the maximum of (i) half of the longest maturity occurring in the netting set and (ii) the notional weighted average maturity of all transactions inside the netting set.
Banks with IMM approval for the majority of their businesses, but which use CEM (Current Exposure Method) or SM (Standardized Method) for certain smaller portfolios, and which have approval to use the market risk internal models approach for the specific interest rate risk of bonds, will include these non-IMM netting sets into the CVA risk capital charge, according to paragraph 98, unless the national supervisor decides that paragraph 104 should apply for these portfolios. Non-IMM netting sets are included into the advanced CVA risk capital charge by assuming a constant EE profile, where EE is set equal to the EAD as computed under CEM or SM for a maturity equal to the maximum of (i) half of the longest maturity occurring in the netting set and (ii) the notional weighted average maturity of all transactions inside the netting set. The same approach applies where the IMM model does not produce an expected exposure profile.
For exposures to certain counterparties, the bank's approved market risk VaR model may not reflect the risk of credit spread changes appropriately, because the bank's market risk VaR model does not appropriately reflect the specific risk of debt instruments issued by the counterparty. For such exposures, the bank is not allowed to use the advanced CVA risk charge. Instead, for these exposures the bank must determine the CVA risk charge by application of the standardized method in paragraph 104. Only exposures to counterparties for which the bank has supervisory approval for modeling the specific risk of debt instruments are to be included into the advanced CVA risk charge.
100. The CVA risk capital charge consists of both general and specific credit spread risks, including Stressed VaR but excluding IRC (incremental risk charge). The VaR figure should be determined in accordance with the quantitative standards described in paragraph 718(Lxxvi). It is thus determined as the sum of (i) the non-stressed VaR component and (ii) the stressed VaR component.
i. When calculating the non-stressed VaR, current parameter calibrations for expected exposure must be used.
ii. When calculating the stressed VaR future counterparty EE profiles (according to the stressed exposure parameter calibrations as defined in paragraph 61 of Annex 4)1 must be used. The period of stress for the credit spread parameters should be the most severe one-year stress period contained within the three year stress period used for the exposure parameters.5
101. This additional CVA risk capital charge is the standalone market risk charge, calculated on the set of CVAs (as specified in paragraph 98) for all OTC derivatives counterparties, collateralized and uncollateralized, together with eligible CVA hedges. Within this standalone CVA risk capital charge, no offset against other instruments on the bank’s balance sheet will be permitted (except as otherwise expressly provided herein).
102. Only hedges used for the purpose of mitigating CVA risk, and managed as such, are eligible to be included in the VaR model used to calculate the above CVA capital charge or in the standardized CVA risk capital charge set forth in paragraph 104. For example, if a credit default swap (CDS) referencing an issuer is in the bank’s inventory and that issuer also happens to be an OTC counterparty but the CDS is not managed as a hedge of CVA, then such a CDS is not eligible to offset the CVA within the standalone VaR calculation of the CVA risk capital charge.
103. The only eligible hedges that can be included in the calculation of the CVA risk capital charge under paragraphs 98 or 104 are single-name CDSs, single-name contingent CDSs, other equivalent hedging instruments referencing the counterparty directly, and index CDSs. In case of index CDSs, the following restrictions apply:
• The basis between any individual counterparty spread and the spreads of index CDS hedges must be reflected in the VaR. This requirement also applies to cases where a proxy is used for the spread of a counterparty, since idiosyncratic basis still needs to be reflected in such situations. For all counterparties with no available spread, the bank must use reasonable basis time series out of a representative bucket of similar names for which a spread is available.
• If the basis is not reflected to the satisfaction of the supervisor, then the bank must reflect only 50% of the notional amount of index hedges in the VaR. Other types of counterparty risk hedges must not be reflected within the calculation of the CVA capital charge, and these other hedges must be treated as any other instrument in the bank’s inventory for regulatory capital purposes. Tranched or nthto-default CDSs are not eligible CVA hedges. Eligible hedges that are included in the CVA capital charge must be removed from the bank’s market risk capital charge calculation.
1 Annex 5 of this document.
2 “VaR model” refers to the internal model approach to market risk.
3 This derivation assumes positive marginal default probabilities before and after time bucket ti and is valid for i<T. For the final time bucket i=T, the corresponding formula is:
4 This derivation assumes positive marginal default probabilities.
5 Note that the three-times multiplier inherent in the calculation of a bond VaR and a stressed VaR will apply to these calculations.6.1.B Counterparty Credit Risk (Under the Standardized Approach)
The total capital requirements for counterparty credit risk under the Standardized Approach is also an aggregate of the 1) Default risk under SAMA Basel III calculated using the Current Exposure Method and the Incremental Risk under Basel III called the Credit Value Adjustment.
For further clarifications, please refer to SAMA Circular # BCS 24331 dated 4 September 2012 entitled "Basel III Definition of Capital FAQs (p.7).
Consequently, Bank using the Standardized Approach will calculate the Default Risk using the CEM as prescribed also under Basel II, and the CVA under the Standardized Approach as given below under Basel III.
Standardized CVA risk capital charge
104. When a bank does not have the required approvals to use paragraph 98 to calculate a CVA capital charge for its counterparties, the bank must calculate a portfolio capital charge using the following formula:
Where:
• h is the one-year risk horizon (in units of a year), h = 1.
• wi is the weight applicable to counterparty ‘i’. Counterparty ‘i’ must be mapped to one of the seven weights wi based on its external rating, as shown in the table of this paragraph below. When a counterparty does not have an external rating, the bank must, subject to supervisory approval, map the internal rating of the counterparty to one of the external ratings.
• EADtotali EAD is the exposure at default of counterparty ‘i’ (summed across its netting sets), including the effect of collateral as per the existing IMM, SM or CEM rules as applicable to the calculation of counterparty risk capital charges for such counterparty by the bank. For non-IMM banks the exposure should be discounted by applying the factor (1-exp(-0.05*Mi))/(0.05*Mi). For IMM banks, no such discount should be applied as the discount factor is already included in Mi.
• Bi is the notional of purchased single name CDS hedges (summed if more than one position) referencing counterparty ‘i’, and used to hedge CVA risk. This notional amount should be discounted by applying the factor (1-exp(-0.05*Mihedge))/(0.05* Mihedge).
• Bind is the full notional of one or more index CDS of purchased protection, used to hedge CVA risk. This notional amount should be discounted by applying the factor (1-exp(-0.05*Mind))/(0.05* Mind).
• wind is the weight applicable to index hedges. The bank must map indices to one of the seven weights wi based on the average spread of index ‘ind’.
• Mi is the effective maturity of the transactions with counterparty ‘i’. For IMM banks, Mi is to be calculated as per Annex 4,1 paragraph 38 of the Basel Accord. For non-IMM banks, Mi is the notional weighted average maturity as referred to in the third bullet point of para 320. However, for this purpose, Mi should not be capped at 5 years.
• Mihedge is the maturity of the hedge instrument with notional Bi (the quantities Mihedge Bi are to be summed if these are several positions).
• Mind is the maturity of the index hedge ‘ind’. In case of more than one index hedge position, it is the notional weighted average maturity.
For any counterparty that is also a constituent of an index on which a CDS is used for hedging counterparty credit risk, the notional amount attributable to that single name (as per its reference entity weight) may, with supervisory approval, be subtracted from the index CDS notional amount and treated as a single name hedge (Bi) of the individual counterparty with maturity based on the maturity of the index.
The weights are given in this table, and are based on the external rating of the counterparty:2
Rating Weight Wi AAA 0.7% AA 0.7% A 0.8% BBB 1.0% BB 2.0% B 3.0% CCC 10.0% 1 Annex 5 of this document.
2 The notations follow the methodology used by one institution, Standard & Poor’s. The use of Standard & Poor’s credit ratings is an example only; those of some other approved external credit assessment institutions could be used on an equivalent basis. The ratings used throughout this document, therefore, do not express any preferences or determinations on external assessment institutions by the Committee.6.1.C Further Details on CCR and CVA Aggregation
105. Calculation of the aggregate CCR and CVA risk capital charges for 6.1.A IMM and 6.1.b (Standardized Approach)
As a summary, total counterparty exposure is an aggregate of 1) Default Rate calculated either through IMM, CEM or Standardized Approach and 2) Credit Value Adjustment which again can be calculated as per the IMM or Standardized Approach or CEM.
This paragraph deals with the aggregation of the default risk capital charge and the CVA risk capital charge for potential mark-to-market losses. Note that outstanding EAD referred to in the default risk capital charges below is net of incurred CVA losses according to [new paragraph after Para 9 in Annex 4],1 which affects all items “i” below. In this paragraph, “IMM capital charge” refers to the default risk capital charge for CCR based on the RWAs obtained when multiplying the outstanding EAD of each counterparty under the IMM approach by the applicable credit risk weight (under the Standardized or IRB approach), and summing across counterparties. Equally, Current Exposures Method “(CEM) capital charge” or “SM capital charge” refer to the default risk capital charges where outstanding EADs for all counterparties in the portfolio are determined based on CEM or SM, respectively.
A. Banks with IMM approval and market-risk internal-models approval for the specific interest-rate risk of bonds The total CCR capital charge for such a bank is determined as the sum of the following components:
i. The higher of (a) its IMM capital charge based on current parameter calibrations for EAD and (b) its IMM capital charge based on stressed parameter calibrations for EAD. For IRB banks, the risk weights applied to OTC derivative exposures should be calculated with the full maturity adjustment as a function of PD and M set equal to 1 in the Basel Accord (paragraph 272), provided the bank can demonstrate to SAMA its specific VaR model applied in paragraph 98 contains effects of rating migrations. If the bank cannot demonstrate this to the satisfaction of SAMA, the full maturity adjustment function, given by the formula (1 – 1.5 x b)^-1 × (1 + (M – 2.5) × b)2 should apply.
ii. The advanced CVA risk capital charge determined pursuant to paragraphs 98 to 103.
B. Banks with IMM approval and without Specific Risk VaR approval for bonds The total CCR capital charge for such a bank is determined as the sum of the following components: i. The higher of (a) the IMM capital charge based on current parameter calibrations for EAD and (b) the IMM capital charge based on stressed parameter calibrations for EAD.
ii. The standardized CVA risk capital charge determined by paragraph 104.
C. All other banks The total CCR capital charge for such banks is determined as the sum of the following two components:
i. The sum over all counterparties of the CEM or SM based capital charge (depending on the bank’s CCR approach) with EADs determined by paragraphs 91or 69 respectively.
ii. The standardized CVA risk capital charge determined by paragraph 104.
In addition, the following paragraph will be inserted after paragraph 9 in Annex 4.1
“Outstanding EAD” for a given OTC derivative counterparty is defined as the greater of zero and the difference between the sum of EADs across all netting sets with the counterparty and the credit valuation adjustment (CVA) for that counterparty which has already been recognized by the bank as an incurred write-down (i.e. a CVA loss). This CVA loss is calculated without taking into account any offsetting debit valuation adjustments which have been deducted from capital under paragraph 75.3 RWAs for a given OTC derivative counterparty may be calculated as the applicable risk weight under the Standardized or IRB approach multiplied by the outstanding EAD of the counterparty. This reduction of EAD by incurred CVA losses does not apply to the determination of the CVA risk capital charge.
1 Annex 5 of this document.
2 Where “M” is the effective maturity and “b” is the maturity adjustment as a function of the PD, as defined in paragraph 272 of the Basel Accord.
3 The incurred CVA loss deduced from exposures to determine outstanding EAD is the CVA loss gross of all debit value adjustments (DVA) which have been separately deducted from capital. To the extent DVA has not been separately deducted from a bank’s capital, the incurred CVA loss used to determine outstanding EAD will be net of such DVA.6.2 Wrong-Way Risk
As a summary, ‘’Wrong-way risk substantially applies only to IMM banks and is typically defined as an exposure to a counterparty that is adversely correlated with the credit quality of that counterparty’’ (Transactions with counterparties such as financial guarantors). However, there are implications for the Standardized and IRB Approaches as described in p.36.
As a summary:
• 2 types of wrong way risk
• General wrong-way risk (GWWR)
• Specific wrong-way risk (SWWR)
• GWWR arises when the PD of the counterparties are positively corrected with general market risk factors
• Arises from purchase of credit protection via CDS from mono-line insurers
• Banks must identify exposures that give rise to general WWR:
■ Stress testing and scenario analysis to be conducted
■ Monitor general wrong way risk by product, by region, by industry etc.
■ Reports to be provided to Senior Management and Board on a regular basis
Implement an explicit Pillar 1 capital charge and revise Annex 41 where specific wrong-way risk (SWWR) has been identified
• Banks exposed to SWWR if future exposure to a counterparty is highly correlated with the counterparty’s PD
• Banks need to have explicit procedure for identifying, monitoring and controlling specific WWR
• Specific WWR charges applies for where there exists a legal connection between the counterparty and the underlying issuer e.g.
■ Single name credit default swaps
■ Equity derivatives referencing single counterparty
■ CDS (Credit Default Swaps): use expected loss assuming underlying in liquidation (LGD for swap = 100%)
■ Equity, bond, securities financing EAD= value of transaction under JtD (jump-to-default)
100. In specific, Paragraph 57 of Annex 41 in Basel II will be revised as follows to explain the following aforementioned summary on wrong way exposures:
57. Banks must identify exposures that give rise to a greater degree of general wrong-way risk. Stress testing and scenario analyses must be designed to identify risk factors that are positively correlated with counterparty credit worthiness. Such testing needs to address the possibility of severe shocks occurring when relationships between risk factors have changed. Banks should monitor general wrong way risk by product, by region, by industry, or by other categories that are germane to the business. Reports should be provided to senior management and the appropriate committee of the Board on a regular basis that communicate wrong way risks and the steps that are being taken to manage that risk.
Implement an explicit Pillar 1 capital charge and revise Annex 41 where specific wrong-way risk has been identified
101. In order to implement the requirement that the EAD calculation reflect a higher EAD value for counterparties where specific wrong way risk has been identified, paragraph 423 of the Basel II text and paragraphs 29 and 58 of Annex 4 will be revised as follows:
423. Each separate legal entity to which the bank is exposed must be separately rated. A bank must have policies acceptable to its supervisor regarding the treatment of individual entities in a connected group including circumstances under which the same rating may or may not be assigned to some or all related entities. Those policies must include a process for the identification of specific wrong way risk for each legal entity to which the bank is exposed. Transactions with counterparties where specific wrong way risk has been identified need to be treated differently when calculating the EAD for such exposures (see paragraph 58, Annex 4).1
29. When using an internal model, exposure amount or EAD is calculated as the product of alpha times Effective EPE, as specified below (except for counterparties that have been identified as having explicit specific wrong way risk – see paragraph 58):
58. A bank is exposed to “specific wrong-way risk” if future exposure to a specific counterparty is highly correlated with the counterparty’s probability of default. For example, a company writing put options on its own stock creates wrong way exposures for the buyer that is specific to the counterparty. A bank must have procedures in place to identify, monitor and control cases of specific wrong way risk, beginning at the inception of a trade and continuing through the life of the trade. To calculate the CCR capital charge, the instruments for which there exists a legal connection between the counterparty and the underlying issuer, and for which specific wrong way risk has been identified, are not considered to be in the same netting set as other transactions with the counterparty. Furthermore, for single-name credit default swaps where there exists a legal connection between the counterparty and the underlying issuer, and where specific wrong way risk has been identified, EAD in respect of such swap counterparty exposure equals the full expected loss in the remaining fair value of the underlying instruments assuming the underlying issuer is in liquidation. The use of the full expected loss in remaining fair value of the underlying instrument allows the bank to recognize, in respect of such swap, the market value that has been lost already and any expected recoveries.
Application to IRB and Standardized Approach
Accordingly LGD for Advanced or Foundation IRB banks must be set to 100% for such swap transactions.2 For banks using the Standardized Approach, the risk weight to use is that of an unsecured transaction. For equity derivatives, bond options, securities financing transactions etc. referencing a single company where there exists a legal connection between the counterparty and the underlying company, and where specific wrong way risk has been identified, EAD equals the value of the transaction under the assumption of a jump-to-default of the underlying security. In as much this makes re-use of possibly existing (market risk) calculations (for IRC) that already contain an LGD assumption, the LGD must be set to 100%.
1 Annex 5 of this document.
2 Note that the recoveries may also be possible on the underlying instrument beneath such swap. The capital requirements for such underlying exposure are to be calculated under the Accord without reduction for the swap which introduces wrong way risk. Generally this means that such underlying exposure will receive the risk weight and capital treatment associated with an unsecured transaction (ie assuming such underlying exposure is an unsecured credit exposure).6.3. Asset Value Correlation (AVC) Multiplier for Large Financial Institutions
As summary, the following elements are relevant.
■ AVC is applicable under credit risk for IRB Approaches only; For banks remaining on Standardized Approach for bank asset class this will not apply
■ Financial institution’s (FIs) credit quality deteriorated in a highly corrected manner during the severe financial crisis
■ To address this Basel III introduced AVC for large financial institutions
■ A multiplier of 1.25 is applied to the correlation parameter of all exposures to large financial institutions meeting the following criteria:
• Regulated financial institutions are whose total assets are greater than or equal to US$100 billion (SR 375 billion)
• Most recent audited financial statements of the parent and consolidated Subsidiaries to be used
Unregulated financial institutions are regardless of size and includes lending, factoring, leasing, securitization etc. (FAQs unregulated financial institution can include a financial institution or leveraged fund that is not subject to prudential solvency regulation)
102. In order to implement the AVC multiplier, paragraph 272 of the Basel framework would be revised as follows: (This relates to the determination of Capital requirements under IRB Approaches.)
272. Throughout this section, PD and LGD are measured as decimals, and EAD is measured as currency (e.g. euros), except where explicitly noted otherwise. For exposures not in default, the formula for calculating risk-weighted assets is:1
Correlation (R) = 0.12 × (1 – EXP(-50 × PD)) / (1 – EXP(-50)) + 0.24 × [1 – (1 – EXP(-50 × PD)) / (1 – EXP(-50))]
Maturity adjustment (b) = (0.11852 – 0.05478 × ln (PD))^2
Capital requirement2 (K) = [LGD × N[(1 – R)^-0.5 × G(PD) + (R / (1 – R))^0.5 × G(0.999)] – PD x LGD] x (1 – 1.5 x b)^-1 × (1 + (M – 2.5) × b)
Risk-weighted assets (RWA) = K x 12.5 x EAD
The capital requirement (K) for a defaulted exposure is equal to the greater of zero and the difference between its LGD (described in paragraph 468) and the bank’s best estimate of expected loss (described in paragraph 471). The risk-weighted asset amount for the defaulted exposure is the product of K, 12.5, and the EAD.
A multiplier of 1.25 is applied to the correlation parameter described on page 37 para 102of all exposures to financial institutions meeting the following criteria.
Accordingly, the correlation R as determined by the formats in paragraph 101 will be multiplied by 1.25. This in turn would produce a higher "R" correlation and capital requirements necessary for exposure to large FI.
- Regulated financial institutions whose total assets are greater than or equal to US $100 billion (SR 375 billion). The most recent audited financial statement of the parent company and consolidated subsidiaries must be used in order to determine asset size. For the purpose of this paragraph, a regulated financial institution is defined as a parent and its subsidiaries where any substantial legal entity in the consolidated group is supervised by a regulator that imposes prudential requirements consistent with international norms. These include, but are not limited to, prudentially regulated Insurance Companies, Broker/Dealers, Banks, Thrifts and Futures Commission Merchants;
- Unregulated financial institutions, regardless of size. Unregulated financial institutions are, for the purposes of this paragraph, legal entities whose main business includes: the management of financial assets, lending, factoring, leasing, provision of credit enhancements, securitization, investments, financial custody, central counterparty services, proprietary trading and other financial services activities identified by supervisors.
1 Ln denotes the natural logarithm. N(x) denotes the cumulative distribution function for a standard normal random variable (i.e. the probability that a normal random variable with mean zero and variance of one is less than or equal to x). G(z) denotes the inverse cumulative distribution function for a standard normal random variable (ie the value of x such that N(x) = z). The normal cumulative distribution function and the inverse of the normal cumulative distribution function are, for example, available in Excel as the functions NORMSDIST and NORMSINV.
2 If this calculation results in a negative capital charge for any individual sovereign exposure, banks should apply a zero capital charge for that exposure.6.4. Collateralized Counterparties and Margin Period of Risk
Increase the margin period of risk
As a summary the following are relevant.
• Applicable to IMM banks
• Financial crisis showed that the mandated margin period of risks for regulatory capital calculations underestimated the realized risk
• Margin period of risk increased to 20 business days for netting sets where the number of trade exceeds 5000 or that contain illiquid collateral
103. To further explain the aforementioned Summary, and in order to implement the increased margin periods of risk, the following new paragraphs 41(i) and 41 (ii) will be inserted into Annex 41 of the Basel II framework:
41(i). For transactions subject to daily re-margining and mark-to-market valuation, a supervisory floor of five business days for netting sets consisting only of repo-style transactions, and 10 business days for all other netting sets is imposed on the margin period of risk used for the purpose of modeling EAD with margin agreements. In the following cases a higher supervisory floor is imposed:
• For all netting sets where the number of trades exceeds 5,000 at any point during a quarter, a supervisory floor of 20 business days is imposed for the margin period of risk for the following quarter.
• For netting sets containing one or more trades involving either illiquid collateral, or an OTC derivative that cannot be easily replaced, a supervisory floor of 20 business days is imposed for the margin period of risk. For these purposes, “Illiquid collateral” and “OTC derivatives that cannot be easily replaced” must be determined in the context of stressed market conditions and will be characterized by the absence of continuously active markets where a counterparty would, within two or fewer days, obtain multiple price quotations that would not move the market or represent a price reflecting a market discount (in the case of collateral) or premium (in the case of an OTC derivative). Examples of situations where trades are deemed illiquid for this purpose include, but are not limited to, trades that are not marked daily and trades that are subject to specific accounting treatment for valuation purposes (eg OTC derivatives or repostyle transactions referencing securities whose fair value is determined by models with inputs that are not observed in the market).
• In addition, a bank must consider whether trades or securities it holds as collateral are concentrated in a particular counterparty and if that counterparty exited the market precipitously whether the bank would be able to replace its trades.
41 (ii). If a bank has experienced more than two margin call disputes on a particular netting set over the previous two quarters that have lasted longer than the applicable margin period of risk (before consideration of this provision), then the least double the supervisory floor for that netting set for the subsequent two quarters.
41 (iii). For re-margining with a periodicity of N-days, irrespective of the shortcut method or full IMM model, the margin period of risk should be at least equal to the supervisory floor, F, plus the N days minus one day. That is,
Margin Period of Risk = F + N - 1.
Paragraph 167 of Basel II (Adjustment for different holding periods and non daily mark-to-market or re-margining) will be replaced with the following:
167. The minimum holding period for various products is summarized in the following table.
Transaction Type Minimum holding period Condition Repo-style transaction 5 business days Daily re-margining Other capital market transactions Ten business days Daily re-margining Secured lending Twenty business days Daily revaluation
Where a bank has such a transaction or netting set which meets the criteria outlined in paragraphs 41(i) or 41 (ii) of Annex 4, the minimum holding period should be the margin period of risk that would apply under those paragraphs.
Paragraph 179 of Basel II (Use of models) will be replaced with the following:
179. The quantitative and qualitative criteria for recognition of internal market risk models for repo-style transactions and other similar transactions are in principle the same as in paragraphs 718 (LXXIV) to 718 (LXXVI). With regard to the holding period, the minimum will be 5- business days for repo-style transactions, rather than the 10-business days in paragraph 718 (LXXVI) (c). For other transactions eligible for the VaR models approach, the 10-business day holding period will be retained. The minimum holding period should be adjusted upwards for market instruments where such a holding period would be inappropriate given the liquidity of the instrument concerned. At a minimum, where a bank has a repo-style or similar transaction or netting set which meets the criteria outlined in paragraphs 41(i) or 41 (ii) of Annex 4, the minimum holding period should be the margin period of risk that would apply under those paragraphs, in combination with paragraph 41(iii).
6.4.1 Revise the Shortcut Method for Estimating Effective EPE
The following is a summary of the components.
• Applicable to IMM banks
• Amended ‘’short-cut‘’ method to take more realistic simplifying assumptions to estimate Effective EPE when a bank is unable to model margin requirements along with exposures
104. In order to elaborate on the aforementioned, Paragraph 41 of Annex 41 in Basel II will be revised as follows:
41. Shortcut method: a bank that can model EPE without margin agreements but cannot achieve the higher level of modeling sophistication to model EPE with margin agreements can use the following method for margined counterparties subject to re-margining and daily mark-to-market as described in paragraph 41 (i)2. The method is a simple approximation to Effective EPE and sets Effective EPE for a margined counterparty equal to the lesser of:
a) Effective EPE without any held or posted margining collateral, plus any collateral that has been posted to the counterparty independent of the daily valuation and margining process or current exposure (ie initial margin or independent amount); or
b) An add-on that reflects the potential increase in exposure over the margin period of risk plus the larger of
i. the current exposure net of and including all collateral currently held or posted, excluding any collateral called or in dispute; or
ii. the largest net exposure including all collateral held or posted under the margin agreement that would not trigger a collateral call. This amount should reflect all applicable thresholds, minimum transfer amounts, independent amounts and initial margins under the margin agreement.
The add-on is calculated as E[max(ΔMtM, 0)], where E[…] is the expectation (ie the average over scenarios) and ΔMtM is the possible change of the mark-to-market value of the transactions during the margin period of risk. Changes in the value of collateral need to be reflected using the supervisory haircut method or the internal estimates method, but no collateral payments are assumed during the margin period of risk. The margin period of risk is subject to the supervisory floor specified in paragraphs 41(i) to 41(iii). Backtesting should test whether realized (current) exposures are consistent with the shortcut method prediction over all margin periods within one year. If some of the trades in the netting set have a maturity of less than one year, and the netting set has higher risk factor sensitivities without these trades, this fact should be taken into account. If backtesting indicates that effective EPE is underestimated, the bank should take actions to make the method more conservative, eg by scaling up risk factor moves.
1 Annex 5 of this document.
2 Where a bank generally uses this shortcut method to measure Effective EPE, this shortcut method may be used by a bank that is a clearing member in a CCP for its transactions with the CCP and with clients, including those client transactions that result in back-to-back trades with a CCP.6.4.2 Preclude Downgrade Triggers from Being Reflected in EAD
As a summary:
• Applicable to IMM banks
• Downgrade triggers in margin agreements resulted in liquidity strains for market participants during the crisis
• Prevent the reflection in EAD of any clause in a collateral agreement that requires receipt of collateral when a counterparty’s credit quality deteriorates (downgrade triggers)
105. In order to explicitly disallow downgrade triggers in EAD, a new paragraph 41(iv) will be inserted into Annex 41 to read as follows:
41(iv). Banks using the internal models method must not capture the effect of a reduction of EAD due to any clause in a collateral agreement that requires receipt of collateral when counterparty credit quality deteriorates.
6.4.3 Add Requirements to Improve Operational Performance of the Collateral Department
• Only applicable to IMM Banks.
To implement the requirements designed to improve the collateral department operations, two new paragraphs, 51(i) and 51(ii), will be incorporated into Annex 4 and paragraph 777(x), Part 3: The Second Pillar – Supervisory Review Process, will be revised as follows:
51(i). Banks applying the internal model method must have a collateral management unit that is responsible for calculating and making margin calls, managing margin call disputes and reporting levels of independent amounts, initial margins and variation margins accurately on a daily basis. This unit must control the integrity of the data used to make margin calls, and ensure that it is consistent and reconciled regularly with all relevant sources of data within the bank. This unit must also track the extent of reuse of collateral (both cash and non-cash) and the rights that the bank gives away to its respective counterparties for the collateral that it posts. These internal reports must indicate the categories of collateral assets that are reused, and the terms of such reuse including instrument, credit quality and maturity. The unit must also track concentration to individual collateral asset classes accepted by the banks. Senior management must allocate sufficient resources to this unit for its systems to have an appropriate level of operational performance, as measured by the timeliness and accuracy of outgoing calls and response time to incoming calls. Senior management must ensure that this unit is adequately staffed to process calls and disputes in a timely manner even under severe market crisis, and to enable the bank to limit its number of large disputes caused by trade volumes.
51(ii). The bank’s collateral management unit must produce and maintain appropriate collateral management information that is reported on a regular basis to senior management. Such internal reporting should include information on the type of collateral (both cash and non-cash) received and posted, as well as the size, aging and cause for margin call disputes. This internal reporting should also reflect trends in these figures.
777(x). The bank must conduct an independent review of the CCR management system regularly through its own internal auditing process. This review must include both the activities of the business credit and trading units and of the independent CCR control unit. A review of the overall CCR management process must take place at regular intervals (ideally not less than once a year) and must specifically address, at a minimum:
• the adequacy of the documentation of the CCR management system and process;
• the organization of the collateral management unit;
• the organization of the CCR control unit;
• the integration of CCR measures into daily risk management;
• the approval process for risk pricing models and valuation systems used by front and back-office personnel;
• the validation of any significant change in the CCR measurement process;
• the scope of counterparty credit risks captured by the risk measurement model;
• the integrity of the management information system;
• the accuracy and completeness of CCR data;
• the accurate reflection of legal terms in collateral and netting agreements into exposure measurements;
• the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources;
• the accuracy and appropriateness of volatility and correlation assumptions;
• the accuracy of valuation and risk transformation calculations; and
• the verification of the model’s accuracy through frequent backtesting.
Refer to Pillar 2 section of this document with regard to BCBS Basel III requirements to improve the operational performance of the collateral definition.
6.4.4 Requirements on the Controls Around the Reuse of Collateral by IMM Banks
As a summary, please note the following:
• Applicable to IMM banks
• Relates to variation margin, initial or independent margin and calls resulting from potential downgrade.
• Cash management policies for IMM banks to account liquidity risks of potential incoming margin calls
To further elaborate on the aforementioned,
107. To implement the requirements on controls regarding the reuse of collateral, a new paragraph 51(iii) will be included in Annex 41 as follows:
51(iii). A bank employing the internal models method must ensure that its cash management policies account simultaneously for the liquidity risks of potential incoming margin calls in the context of exchanges of variation margin or other margin types, such as initial or independent margin, under adverse market shocks, potential incoming calls for the return of excess collateral posted by counterparties, and calls resulting from a potential downgrade of its own public rating. The bank must ensure that the nature and horizon of collateral reuse is consistent with its liquidity needs and does not jeopardize its ability to post or return collateral in a timely manner.
6.4.5 Require Banks to Use Supervisory Haircuts when Transforming Non-Cash OTC Collateral into Cash-Equivalent
• Applicable to IMM banks
• Implementation of supervisory haircuts for non-cash OTC collateral
• Recognition in EAD calculation the effect of collateral other than cash
• Must use either haircuts that meets the standards of the financial collateral comprehensive method or standard supervisory haircuts
108. To implement the supervisory haircuts for non-cash OTC collateral, a new paragraph 61(i) would be incorporated in Annex 41 as follows:
61(i). For a bank to recognize in its EAD calculations for OTC derivatives the effect of collateral other than cash of the same currency as the exposure itself, if it is not able to model collateral jointly with the exposure then it must use either haircuts that meet the standards of the financial collateral comprehensive method with own haircut estimates or the standard supervisory haircuts.
6.4.6 Requirement for Banks to Model Non-Cash Collateral Jointly with Underlying Securities for OTC Derivatives and SFTs
The following summary is appropriate.
• Applicable to IMM banks
• Regulation ensures robustness of non-cash collateral
• Ensure the effect of collateral on changes in the market for SFTs for EAD calculation
In order to further explain this component:
109. To ensure the robustness of non-cash collateral, a new paragraph 61(ii) will be inserted in Annex 41 as follows:
61(ii). If the internal model includes the effect of collateral on changes in the market value of the netting set, the bank must model collateral other than cash of the same currency as the exposure itself jointly with the exposure in its EAD calculations for securities-financing transactions.
6.4.7 Revise Credit Risk Mitigation Section to Add a Qualitative Collateral Management Requirement
The following summary is appropriate.
• Applicable to IMM and non IMM banks
• Sufficient resources are devoted to the orderly operation of margin agreements for OTC and SFTs
• Appropriate collateral management policies to be in place
110. To ensure that sufficient resources are devoted to the orderly operation of margin agreements for OTC derivative and SFT counterparties, and that appropriate collateral management policies are in place, a new paragraph 115(i) will be inserted into the main text and will read as follows:
115(i). Banks must ensure that sufficient resources are devoted to the orderly operation of margin agreements with OTC derivative and securities-financing counterparties, as measured by the timeliness and accuracy of its outgoing calls and response time to incoming calls. Banks must have collateral management policies in place to control, monitor and report:
• the risk to which margin agreements exposes them (such as the volatility and liquidity of the securities exchanged as collateral),
• the concentration risk to particular types of collateral,
• the reuse of collateral (both cash and non-cash) including the potential liquidity shortfalls resulting from the reuse of collateral received from counterparties, and
• the surrender of rights on collateral posted to counterparties.
6.4.8 Revise Text to Establish Standard Supervisory Haircuts for Securitization Collateral
The following summary is appropriate.
• Applicable to IMM and non IMM banks
• Re-securitization no more an eligible collateral
• Under Basel II framework, the standardized haircuts currently treat corporate debt and securitizations collateral in the same manner
• Collateral haircuts for securitization exposures are doubled due to stressed volatilities
111. To implement the supervisory haircuts for securitization collateral, a new paragraph 145(i) will be inserted into the Basel text and paragraph 151 will be revised as follows:
145(i). Re-securitizations (as defined in the securitization framework), irrespective of any credit ratings, are not eligible financial collateral. This prohibition applies whether the bank is using the supervisory haircuts method, the own estimates of haircuts method, the repo VaR method or the internal model method.
151. These are the standardized supervisory haircuts (assuming daily mark-to-market, daily re-margining and a 10-business day holding period), expressed as percentages:
Issue rating for debt
securitiesResidual
MaturitySovereigns Other
IssuersSecuritization
ExposuresAAA to AA-/A-1 <1 year 0.5 1 2 >1 year <5 years 2 4 8 > 5 years 4 8 16 A+ to BBB-/ <1 year 1 2 4 A-2/A-3/P-3 and >1 year <5 years 3 6 12 unrated bank securities > 5 years 6 12 24 BB+ to BB- All 15 Not eligible Not eligible main index equities 15 other equities 25 UCITS/mutual funds Highest haircut applicable to any security in
Fund
Cash in the same currency 0 (The footnotes associated with the table are not included. However, securitization exposures would be defined as those exposures that meet the definition set forth in the securitization framework.) 6.5 Treatment of Highly Leveraged Counterparties (HLC)
The following summary is appropriate.
• Applicable to IMM and non IMM banks (IRB Approach)
• New rule stipulates that PD for a highly leveraged counterparty (hedge funds) should be based on a period of stressed volatilities
• While, the definition of highly-leveraged counterparties is aimed at hedge funds or any other equivalently highly-leveraged counterparties that are financial entities, SAMA will in due course provide a clear definition of HLC's for IRB purposes.
112. The Committee believes it is appropriate to add a qualitative requirement indicating that the PD estimates for highly leveraged counterparties should reflect the performance of their assets based on a stressed period and, thus, is introducing a new paragraph after 415 of the framework to read as follows:
415(i). PD estimates for borrowers that are highly leveraged or for borrowers whose assets are predominantly traded assets must reflect the performance of the underlying assets based on periods of stressed volatilities.
6.6 Central Counterparties to be Implemented
The following represents a summary of the additional capital requirements to central counterparties.
• International regulators intention to move to CCPs to clear OTC trades
• No local CCP’s is in KSA- banks will be at disadvantage
For further clarifications also refer to SAMA Circular # BCS 25092 dated 21/11/1433 (Hijri) entitled "BCBS Finalized Document Entitled "Capital Requirements for Bank Exposures to Central Counterparties".
Definition of CCP
‘’is a clearing house that interposes itself between counterparties to contracts traded on or more financial markets, becoming the buyer to every seller and the seller to every buyer and thereby ensuring the future performance of open contracts’’
• In 2009, the G20’s ambition of moving standardized over-the-counter (OTC) derivatives from a bilaterally cleared to a centrally cleared model by the end of 2012 reducing systemic risks in global banking
• Capitalizing exposures to CCPs builds on the new CPSS-IOSCO Principles for Financial Market Infrastructures (PFMIs)
Key features of Interim rules published by BCBS July, 2012
As part of the reform process BCBS released interim rules for the risk weighting of exposures to CCP’s (Document entitled: Capital requirements for bank exposures to central counterparties July, 2012)
The decision to publish the rules on an interim basis suggests that Basel Committee will monitor and make further changes if necessary
Exposures to Qualifying CCPs
Trade exposures:
Where a bank acts as a clearing member of a CCP, a risk weight of 2% must be applied to the bank’s trade exposure to the CCP in respect of OTC derivatives, exchange-traded derivative transactions and SFT’s.
Where a clearing member offers clearing services to clients 2% risk weight also applies when the clearing member is obligated to reimburse the clients for any losses suffered due to changes in the value of transactions in the event CCP defaults.
(‘’A qualifying CCP is a CCP that meets the new ‘’Principles for Financial Market Infrastructures’’ published by Payment and Settlement Systems and International Organization of Securities Commission’’)
Clearing member exposures to clients
‘’A clearing member is a member of or a direct participant in a CCP that is entitled to enter into transactions with the CCP’’
• Clearing member will always calculate its exposure (including potential CVA risk exposure) to clients as bilateral trades
• To recognize shorter close-out period for cleared transactions clearing members can capitalize the exposure to their clients applying a margin of period of risk of at least 5 days in case if they adopt the IMM or multiply the EAD by a scalar of no less than 0.71 if they adopt either the CEM or the Standardized Method
Client exposure
‘’A client is a party to a transaction with a CCP through either a clearing member acting as a financial intermediary or a clearing member guaranteeing the performance of the client to the CCP’’
• Where a bank is a client of a clearing member and enters into a transaction with the clearing member acting as financial intermediary the client’s exposures to the clearing member may receive the same treatment as defined for clearing member exposures to CCPs subject to meeting two conditions as defined in Para 114 (a) and (b) of Basel Document for central counterparties
Basel III imposed a capital charge on a bank’s exposures to a CCPs default funds
‘’CCP default funds consist of contributions made by clearing members which are designed to protect the relevant CCP from losses caused by the default of a clearing member’’
• Whenever a bank is required to capitalize for exposures arising from default fund contributions to a ‘’Qualifying CCP’’
• Clearing member banks may apply one of the following approaches:
Method 1: Risk sensitive approach
Risk sensitive formula considers size and quality of a qualifying CCP’s financial resources
Method 2: Simplified method
Clearing member banks: Default fund exposures will be subject to a 1250% risk weight subject to an overall cap of 20% of the total trade exposures to the relevant CCP
Exposures to Non-Qualifying CCPs
• Banks must apply the Standardized Approach for credit risk in the main framework according to the category of the counterparty to their trade exposures
• Banks must also apply a risk weight of 1250% to their default fund contributions to a non-qualifying CCP
7. Internal Models
This section deals with the IMM Approach to calculating default risks. – see section 6.1.A.
Enhanced counterparty credit risk management requirements
Stress testing
• Applicable to IMM banks
• New requirement enhancing counterparty credit risk management
• Explicit requirements defined for stress testing, revised model validation standards and new supervisory guidance for sound backtesting practices of CCR
• Engagement of senior management
114. Paragraph 36 of Annex 41 will be revised as follows to increase the robustness of banks’ own estimates of alpha.
36. To this end, banks must ensure that the numerator and denominator of alpha are computed in a consistent fashion with respect to the modeling methodology, parameter specifications and portfolio composition. The approach used must be based on the bank’s internal economic capital approach, be well documented and be subject to independent validation. In addition, banks must review their estimates on at least a quarterly basis, and more frequently when the composition of the portfolio varies over time. Banks must assess the model risk and supervisors should be alert to the significant variation in estimates of alpha that arises from the possibility for mis-specification in the models used for the numerator, especially where convexity is present.
115. The qualitative requirements set forth in Annex 41 for stress testing that banks must perform when using the internal model method have been expanded and made more explicit. More specifically, the existing paragraph 56, Annex 41, of the Basel II text will be replaced with the following:
56. Banks must have a comprehensive stress testing program for counterparty credit risk. The stress testing program must include the following elements:
• Banks must ensure complete trade capture and exposure aggregation across all forms of counterparty credit risk (not just OTC derivatives) at the counterparty-specific level in a sufficient time frame to conduct regular stress testing.
• For all counterparties, banks should produce, at least monthly, exposure stress testing of principal market risk factors (e.g. interest rates, FX, equities, credit spreads, and commodity prices) in order to proactively identify, and when necessary, reduce outsized concentrations to specific directional sensitivities.
• Banks should apply multifactor stress testing scenarios and assess material non-directional risks (i.e. yield curve exposure, basis risks, etc.) at least quarterly. Multiple-factor stress tests should, at a minimum, aim to address scenarios in which a) severe economic or market events have occurred; b) broad market liquidity has decreased significantly; and c) the market impact of liquidating positions of a large financial intermediary. These stress tests may be part of bank-wide stress testing.
• Stressed market movements have an impact not only on counterparty exposures, but also on the credit quality of counterparties. At least quarterly, banks should conduct stress testing applying stressed conditions to the joint movement of exposures and counterparty creditworthiness.
• Exposure stress testing (including single factor, multifactor and material non-directional risks) and joint stressing of exposure and creditworthiness should be performed at the counterparty-specific, counterparty group (e.g. industry and region), and aggregate bank wide CCR levels.
• Stress tests results should be integrated into regular reporting to senior management. The analysis should capture the largest counterparty-level impacts across the portfolio, material concentrations within segments of the portfolio (within the same industry or region), and relevant portfolio and counterparty specific trends.
• The severity of factor shocks should be consistent with the purpose of the stress test. When evaluating solvency under stress, factor shocks should be severe enough to capture historical extreme market environments and/or extreme but plausible stressed market conditions. The impact of such shocks on capital resources should be evaluated, as well as the impact on capital requirements and earnings. For the purpose of day-to-day portfolio monitoring, hedging, and management of concentrations, banks should also consider scenarios of lesser severity and higher probability.
• Banks should consider reverse stress tests to identify extreme, but plausible, scenarios that could result in significant adverse outcomes.
• Senior management must take a lead role in the integration of stress testing into the risk management framework and risk culture of the bank and ensure that the results are meaningful and proactively used to manage counterparty credit risk. At a minimum, the results of stress testing for significant exposures should be compared to guidelines that express the bank’s risk appetite and elevated for discussion and action when excessive or concentrated risks are present.
Model validation and backtesting
116. On model validation, the following paragraph (currently in paragraph 42) will be moved after paragraph 40 of Annex 41:
40bis. An EPE model must also include transaction-specific information in order to capture the effects of margining. It must take into account both the current amount of margin and margin that would be passed between counterparties in the future. Such a model must account for the nature of margin agreements (unilateral or bilateral), the frequency of margin calls, the margin period of risk, the thresholds of unmargined exposure the bank is willing to accept, and the minimum transfer amount. Such a model must either model the mark-to-market change in the value of collateral posted or apply this Framework’s rules for collateral.
117. The current Basel II requirements for backtesting will be replaced with the following:
42. It is important that supervisory authorities are able to assure themselves that banks using models have counterparty credit risk management systems that are conceptually sound and implemented with integrity. Accordingly the supervisory authority will specify a number of qualitative criteria that banks would have to meet before they are permitted to use a models-based approach. The extent to which banks meet the qualitative criteria may influence the level at which supervisory authorities will set the multiplication factor referred to in paragraph 32 (Alpha) above. Only those banks in full compliance with the qualitative criteria will be eligible for application of the minimum multiplication factor. The qualitative criteria include:
• The bank must conduct a regular programme of backtesting, ie an ex-post comparison of the risk measures2 generated by the model against realized risk measures, as well as comparing hypothetical changes based on static positions with realized measures.
• The bank must carry out an initial validation and an on-going periodic review of its IMM model and the risk measures generated by it. The validation and review must be independent of the model developers.
• The board of directors and senior management should be actively involved in the risk control process and must regard credit and counterparty credit risk control as an essential aspect of the business to which significant resources need to be devoted. In this regard, the daily reports prepared by the independent risk control unit must be reviewed by a level of management with sufficient seniority and authority to enforce both reductions of positions taken by individual traders and reductions in the bank’s overall risk exposure.
• The bank’s internal risk measurement exposure model must be closely integrated into the day-to-day risk management process of the bank. Its output should accordingly be an integral part of the process of planning, monitoring and controlling the bank’s counterparty credit risk profile.
• The risk measurement system should be used in conjunction with internal trading and exposure limits. In this regard, exposure limits should be related to the bank’s risk measurement model in a manner that is consistent over time and that is well understood by traders, the credit function and senior management.
• Banks should have a routine in place for ensuring compliance with a documented set of internal policies, controls and procedures concerning the operation of the risk measurement system. The bank’s risk measurement system must be well documented, for example, through a risk management manual that describes the basic principles of the risk management system and that provides an explanation of the empirical techniques used to measure counterparty credit risk.
• An independent review of the risk measurement system should be carried out regularly in the bank’s own internal auditing process. This review should include both the activities of the business trading units and of the independent risk control unit. A review of the overall risk management process should take place at regular intervals (ideally no less than once a year) and should specifically address, at a minimum:
• The adequacy of the documentation of the risk management system and process;
• The organization of the risk control unit;
• The integration of counterparty credit risk measures into daily risk management;
• The approval process for counterparty credit risk models used in the calculation of counterparty credit risk used by front office and back office personnel;
• The validation of any significant change in the risk measurement process;
• The scope of counterparty credit risks captured by the risk measurement model;
• The integrity of the management information system;
• The accuracy and completeness of position data;
• The verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources;
• The accuracy and appropriateness of volatility and correlation assumptions;
• The accuracy of valuation and risk transformation calculations; and
• The verification of the model’s accuracy as described below in paragraphs 43-46.
• The on-going validation of counterparty credit risk models, including backtesting, must be reviewed periodically by a level of management with sufficient authority to decide the course of action that will be taken to address weaknesses in the models.
43. Banks must document the process for initial and on-going validation of their IMM model to a level of detail that would enable a third party to recreate the analysis. Banks must also document the calculation of the risk measures generated by the models to a level of detail that would allow a third party to re-create the risk measures. This documentation must set out the frequency with which backtesting analysis and any other on-going validation will be conducted, how the validation is conducted with respect to data flows and portfolios and the analyses that are used.
44. Banks must define criteria with which to assess their EPE models and the models that input into the calculation of EPE and have a written policy in place that describes the process by which unacceptable performance will be determined and remedied.
45. Banks must define how representative counterparty portfolios are constructed for the purposes of validating an EPE model and its risk measures.
46. When validating EPE models and its risk measures that produce forecast distributions, validation must assess more than a single statistic of the model distribution.
46(i) As part of the initial and on-going validation of an IMM model and its risk measures, the following requirements must be met:
• A bank must carry out backtesting using historical data on movements in market risk factors prior to supervisory approval. Backtesting must consider a number of distinct prediction time horizons out to at least one year, over a range of various start (initialisation) dates and covering a wide range of market conditions.
• Banks must back-test the performance of their EPE model and the model’s relevant risk measures as well as the market risk factor predictions that support EPE. For collateralized trades, the prediction time horizons considered must include those reflecting typical margin periods of risk applied in collateralized/margined trading, and must include long time horizons of at least 1 year.
• The pricing models used to calculate counterparty credit risk exposure for a given scenario of future shocks to market risk factors must be tested as part of the initial and on-going model validation process. These pricing models may be different from those used to calculate Market Risk over a short horizon. Pricing models for options must account for the nonlinearity of option value with respect to market risk factors.
• An EPE model must capture transaction specific information in order to aggregate exposures at the level of the netting set. Banks must verify that transactions are assigned to the appropriate netting set within the model.
• Static, historical backtesting on representative counterparty portfolios must be a part of the validation process. At regular intervals as directed by its supervisor, a bank must conduct such backtesting on a number of representative counterparty portfolios. The representative portfolios must be chosen based on their sensitivity to the material risk factors and correlations to which the bank is exposed. In addition, IMM banks need to conduct backtesting that is designed to test the key assumptions of the EPE model and the relevant risk measures, eg the modeled relationship between tenors of the same risk factor, and the modeled relationships between risk factors.
• Significant differences between realized exposures and the forecast distribution could indicate a problem with the model or the underlying data that the supervisor would require the bank to correct. Under such circumstances, supervisors may require additional capital to be held while the problem is being solved.
• The performance of EPE models and its risk measures must be subject to good backtesting practice. The backtesting programme must be capable of identifying poor performance in an EPE model’s risk measures.
• Banks must validate their EPE models and all relevant risk measures out to time horizons commensurate with the maturity of trades for which exposure is calculated using an internal modeling method.
• The pricing models used to calculate counterparty exposure must be regularly tested against appropriate independent benchmarks as part of the on-going model validation process.
• The on-going validation of a bank’s EPE model and the relevant risk measures include an assessment of recent performance.
• The frequency with which the parameters of an EPE model are updated needs to be assessed as part of the validation process.
• Under the IMM, a measure that is more conservative than the metric used to calculate regulatory EAD for every counterparty, may be used in place of alpha times Effective EPE with the prior approval of the supervisor. The degree of relative conservatism will be assessed upon initial supervisory approval and at the regular supervisory reviews of the EPE models. The bank must validate the conservatism regularly.
• The on-going assessment of model performance needs to cover all counterparties for which the models are used.
• The validation of IMM models must assess whether or not the bank level and netting set exposure calculations of EPE are appropriate.
49(i). The bank must have an independent risk control unit that is responsible for the design and implementation of the bank’s counterparty credit risk management system. The unit should produce and analyze daily reports on the output of the bank’s risk measurement model, including an evaluation of the relationship between measures of counterparty credit exposure and trading limits. The unit must be independent from the business trading units and should report directly to senior management of the bank.
1 Annex 5 of this document.
2 “Risk measures” refers not only to Effective EPE, the risk measure used to derive regulatory capital, but also to the other risk measures used in the calculation of Effective EPE such as the exposure distribution at a series of future dates, the positive exposure distribution at a series of future dates, the market risk factors used to derive those exposures and the values of the constituent trades of a portfolio.8. Other Major Enhancement to Basel III Regarding Enhanced Risk Coverage
8.1 Addressing Reliance on External Credit Ratings and Minimizing Cliff Effects
The following is a summary of this component.
• A major consequence under Basel II was to rely excessively on external ratings for regulatory capital requirements
• This resulted in the neglect of bank’s own independent internal assessment of risks to a certain degree
• Rating agencies have an incentive to produce ‘’good ratings’’
• Given the Basel II rules banks have an incentive to seek ratings just above the ‘’cliff’’
• For e.g. the Standardized Approach prescribes a higher risk weight to corporate exposures that are rated below BB- (150%) than for unrated exposures (100%)- This provides incentives to banks not to get ratings for companies that are likely to be rated below BB-
• Applicable under Standardized Approach
Further elaboration on the above are given below.
8.1.1 Standardised Inferred Rating Treatment for Long-Term Exposures
• Relates to determining of an inferred rating under Standardized Approach Para 99 of Basel II framework
‘’Issuer vs issues assessment para 99 ‘’if either the issuer or a single issue has a low quality assessment (mapping into a risk weight equal or higher than that which applies to unrated claims), an unassessed claim on the same counterparty will be assigned the same risk weight as is applicable to the low quality assessment.
For e.g. if a Corporate issuer has subordinated debt rated single -B and a bank holds an unrated senior exposure to that issuer, the unrated senior exposure must be assigned to the risk weight category corresponding to the single –B rating (eg the 150% risk weight), even if there are other rated senior exposures of the issuer (eg AA)
In specific,
118. Para. 99 of the Basel II text would be modified as follows:
99. Where a bank invests in a particular issue that has an issue-specific assessment, the risk weight of the claim will be based on this assessment. Where the bank’s claim is not an investment in a specific assessed issue, the following general principles apply.
• In circumstances where the borrower has a specific assessment for an issued debt – but the bank’s claim is not an investment in this particular debt – a high quality credit assessment (one which maps into a risk weight lower than that which applies to an unrated claim) on that specific debt may only be applied to the bank’s unassessed claim if this claim ranks pari passu or senior to the claim with an assessment in all respects. If not, the credit assessment cannot be used and the unassessed claim will receive the risk weight for unrated claims.
• In circumstances where the borrower has an issuer assessment, this assessment typically applies to senior unsecured claims on that issuer. Consequently, only senior claims on that issuer will benefit from a high quality issuer assessment. Other unassessed claims of a highly assessed issuer will be treated as unrated. If either the issuer or a single issue has a low quality assessment (mapping into a risk weight equal to or higher than that which applies to unrated claims), an unassessed claim on the same counterparty that ranks pari passu or is subordinated to either the senior unsecured issuer assessment or the exposure assessment will be assigned the same risk weight as is applicable to the low quality assessment.
8.2. Incentive to Avoid Getting Exposures Rated
As a summary:
• Revised Para 733 of the Basel II framework (Supervisory Review Process Pillar 2)
• Banks should internally assess if the risk weights applied under the Standardized Approach are appropriate for their inherent risk.
• If it turns out that that the inherent risk is higher, then the bank should consider the higher degree of risk
119. Para. 733 of the Basel II text will read as follows:
733. Credit risk: Banks should have methodologies that enable them to assess the credit risk involved in exposures to individual borrowers or counterparties as well as at the portfolio level. Banks should assess exposures, regardless of whether they are rated or unrated, and determine whether the risk weights applied to such exposures, under the Standardized Approach, are appropriate for their inherent risk. In those instances where a bank determines that the inherent risk of such an exposure, particularly if it is unrated, is significantly higher than that implied by the risk weight to which it is assigned, the bank should consider the higher degree of credit risk in the evaluation of its overall capital adequacy. For more sophisticated banks, the credit review assessment of capital adequacy, at a minimum, should cover four areas: risk rating systems, portfolio analysis/aggregation, securitization/complex credit derivatives, and large exposures and risk concentrations.
8.3. Incorporation of IOSCO’s Code of Conduct Fundamentals for Credit Rating Agencies
As a summary:
• SAMA to refer to IOSCO Code of Conduct Fundamentals for Credit Rating Agencies when determining ECAI eligibility
120. Paragraph 91 and 565(b) of the Basel II text will read as follows (paragraph 90 does not need additional changes):
1. The recognition process
90. SAMA is responsible for determining on a continuous basis whether an external credit assessment institution (ECAI) meets the criteria listed in the paragraph below. SAMA will accordingly refer to the IOSCO Code of Conduct Fundamentals for Credit Rating Agencies when determining ECAI eligibility. The assessments of ECAIs may be recognized on a limited basis, e.g. by type of claims or by jurisdiction. The supervisory process for recognizing ECAIs should be made public to avoid unnecessary barriers to entry.
2. Eligibility criteria
91. An ECAI must satisfy each of the following six criteria.
• objectivity: no change suggested
• Independence: no change suggested
• International access/Transparency: The individual assessments, the key elements underlining the assessments and whether the issuer participated in the assessment process should be publicly available on a non-selective basis, unless they are private assessments. In addition, the general procedures, methodologies and assumptions for arriving at assessments used by the ECAI should be publicly available.
• Disclosure: An ECAI should disclose the following information: its code of conduct; the general nature of its compensation arrangements with assessed entities; its assessment methodologies, including the definition of default, the time horizon, and the meaning of each rating; the actual default rates experienced in each assessment category; and the transitions of the assessments, e.g. the likelihood of AA ratings becoming A over time.
• Resources: no change suggested
• Credibility: no change suggested
3. Operational requirements for use of external credit assessments
565. The following operational criteria concerning the use of external credit assessments apply in the standardized and IRB approaches of the securitization framework:
(a) no change
(b) The external credit assessments must be from an eligible ECAI as recognized by SAMA in accordance with paragraphs 90 to 108 with the following exception. In contrast with bullet three of paragraph 91, an eligible credit assessment, procedures, methodologies, assumptions, and the key elements underlining the assessments must be publicly available, on a non-selective basis and free of charge.1 In other words, a rating must be published in an accessible form and included in the ECAI’s transition matrix. Also, loss and cash flow analysis as well as sensitivity of ratings to changes in the underlying ratings assumptions should be publicly available. Consequently, ratings that are made available only to the parties to a transaction do not satisfy this requirement.
(c) to (f) no change
1. Where the eligible credit assessment is not provided free of charge the ECAI should provide an adequate justification, within their own publicly available Code of Conduct, in accordance with the 'comply or explain' nature of the IOSCO Code of Conduct Fundamentals for Credit Rating Agencies.
8.4. “Cliff Effects” Arising from Guarantees and Credit Derivatives - Credit Risk Mitigation (CRM)
As a summary:
• Current CRM rules requires under Standardized Approach requires ‘’eligible guarantors’’ to be externally rated ‘’A-’’ or better or ‘’internally rated’’ and associated with a PD equivalent to A- or better
• In order to mitigate the ‘’cliff effects’’ that arises when the credit worthiness of a guarantor falls below the A-level of credit quality BCBS revised Para 195 (Standardized Approach) and Para 302 (FIRB Approach)
• BCBS proposed the elimination of the A-minimum requirement for guarantors in the Standardized Approach and the FIRB
Standardized Approach - Range of eligible guarantors (counter- guarantors)/protection providers
195. Credit protection given by the following entities will be recognized:
• sovereign entities, PSEs, banks, and securities firms with a lower risk weight than the counterparty.
• other entities that are externally rated except when credit protection is provided to a securitization exposure. This would include credit protection provided by parent, subsidiary and affiliate companies when they have a lower risk weight than the obligor.
• when credit protection is provided to a securitization exposure, other entities that currently are externally rated BBB- or better and that were externally rated A- or better at the time the credit protection was provided. This would include credit protection provided by parent, subsidiary and affiliate companies when they have a lower risk weight than the obligor.
Recognition under the Foundation IRB approach
302. For banks using the foundation approach for LGD, the approach to guarantees and credit derivatives closely follows the treatment under the standardized approach as specified in paragraphs 189 to 201. The range of eligible guarantors is the same as under the standardized approach except that companies that are internally rated may also be recognized under the foundation approach. To receive recognition, the requirements outlined in paragraphs 189 to 194 must be met.
8.5. Unsolicited Ratings and Recognition of ECAIs
As a summary:
• To address the risk that the credit assessments of unsolicited ratings may be inferior in quality to the general quality of solicited ratings and the potential risk that ECAIs used unsolicited ratings to put pressure on the entities to obtain solicited ratings
• Banks must use chosen ECAIs and their ratings consistently and will not be allowed to ‘’cherry pick’’ the assessments and to arbitrarily change the use of ECAIs
• As a general rule, banks should use solicited ratings from eligible ECAIs
121. Accordingly, paragraph 94 and 108 of the Basel II text will be modified as follows:
94. Banks must use the chosen ECAIs and their ratings consistently for each type of claim, for both risk weighting and risk management purposes. Banks will not be allowed to “cherry-pick” the assessments provided by different ECAIs and to arbitrarily change the use of ECAIs.
108. As a general rule, banks should use solicited ratings from eligible ECAIs. SAMA may, however, allow banks to use unsolicited ratings in the same way as solicited ratings if it is satisfied that the credit assessments of unsolicited ratings are not inferior in quality to the general quality of solicited ratings. SAMA will advise should it permit banks to use consolidated rating. However, there may be the potential for ECAIs to use unsolicited ratings to put pressure on entities to obtain solicited ratings. Such behavior, when identified, will cause SAMA to consider whether to continue recognizing such ECAIs as eligible for capital adequacy purposes.
9. Capital Buffer
Basel III Framework proposes two type of Capital buffers.
1. Capital conservation buffer
2. Countercyclical buffer
This section outlines the operation of the capital conservation buffer, which is designed to ensure that banks build up capital buffers outside periods of stress which can be drawn down as losses are incurred. The requirement is based on simple capital conservation rules designed to avoid breaches of minimum capital requirements.
9.1 Capital Conservation Buffer
A. Best practice
• Outside of periods of stress, banks should hold buffers of capital above the regulatory minimum.
• When buffers have been drawn down, one way banks should look to rebuild them is through reducing discretionary distributions of earnings. This could include reducing dividend payments, share-backs and staff bonus payments. Banks may also choose to raise new capital from the private sector as an alternative to conserving internally generated capital.
The balance between these options should be discussed with supervisors as part of the capital planning process.
• It is clear that greater efforts should be made to rebuild buffers the more they have been depleted. Therefore, in the absence of raising capital in the private sector, the share of earnings retained by banks for the purpose of rebuilding their capital buffers should increase the nearer their actual capital levels are to the minimum capital requirement.
• It is not acceptable for banks which have depleted their capital buffers to use future predictions of recovery as justification for maintaining generous distributions to shareholders, other capital providers and employees. These stakeholders, rather than depositors, must bear the risk that recovery will not be forthcoming.
• It is also not acceptable for banks which have depleted their capital buffers to try and use the distribution of capital as a way to signal their financial strength. Not only is this irresponsible from the perspective of an individual bank, putting shareholders interests above depositors, it may also encourage other banks to follow suit. As a consequence, banks in aggregate can end up increasing distributions at the exact point in time when they should be conserving earnings.
• The framework reduces the discretion of banks which have depleted their capital buffers to further reduce them through generous distributions of earnings. In doing so, the framework will strengthen their ability to withstand adverse environments. Implementation of the framework through internationally agreed capital conservation rules will help increase sector resilience both going into a downturn, and provide the mechanism for rebuilding capital during the early stages of economic recovery. Retaining a greater proportion of earnings during a downturn will help ensure that capital remains available to support the ongoing business operations of banks through the period of stress. In this way the framework should help reduce procyclicality.
B. The framework
A capital conservation buffer of 2.5%, comprised of Common Equity Tier 1, is established above the regulatory minimum capital requirement.1 Capital distribution constraints will be imposed on a bank when capital levels fall within this range. Banks will be able to conduct business as normal when their capital levels fall into the conservation range as they experience losses. The constraints imposed only relate to distributions, not the operation of the bank.
The distribution constraints imposed on banks when their capital levels fall into the range increase as the banks’ capital levels approach the minimum requirements. By design, the constraints imposed on banks with capital levels at the top of the range would be minimal. This reflects an expectation that banks’ capital levels will from time to time fall into this range. The Basel Committee does not wish to impose constraints for entering the range that would be so restrictive as to result in the range being viewed as establishing a new minimum capital requirement.
The table below shows the minimum capital conservation ratios a bank must meet at various levels of the Common Equity Tier 1 (CET1) capital ratios. For example, a bank with a CET1 capital ratio in the range of 5.125% to 5.75% is required to conserve 80% of its earnings in the subsequent financial year (ie payout no more than 20% in terms of dividends, share buybacks and discretionary bonus payments). If the bank wants to make payments in excess of the constraints imposed by this regime, it would have the option of raising capital in the private sector equal to the amount above the constraint which it wishes to distribute. This would be discussed with the bank’s supervisor as part of the capital planning process. The Common Equity Tier 1 ratio includes amounts used to meet the 4.5% minimum Common Equity Tier 1 requirement, but excludes any additional Common Equity Tier 1 needed to meet the 6% Tier 1 and 8% Total Capital requirements. For example, a bank with 8% CET1 and no Additional Tier 1 or Tier 2 capital would meet all minimum capital requirements, but would have a zero conservation buffer and therefore by subject to the 100% constraint on capital distributions.
Individual bank minimum capital conservation standards Common Equity Tier 1 Ratio Minimum Capital Conservation Ratios (express as a percentage of earnings) 4.5% - 5.125% 100% >5.125% - 5.75% 80% >5.75% - 6.375 60% >6.375% - 7.0% 40% >7.0% 0% Set out below are a number of other key aspects of the requirements:
(a) Elements subject to the restriction on distributions: Items considered to be distributions include dividends and share buybacks, discretionary payments on other Tier 1 capital instruments and discretionary bonus payments to staff. Payments that do not result in a depletion of Common Equity Tier 1, which may for example include certain scrip dividends, are not considered distributions.
(b) Definition of earnings: Earnings are defined as distributable profits calculated prior to the deduction of elements subject to the restriction on distributions. Earnings are calculated after the tax which would have been reported had none of the distributable items been paid. As such, any tax impact of making such distributions are reversed out. Where a bank does not have positive earnings and has a Common Equity Tier 1 ratio less than 7%, it would be restricted from making positive net distributions.
(c) Solo or consolidated application: The framework should be applied at the consolidated level, ie restrictions would be imposed on distributions out of the consolidated group. SAMA would have the option of applying the regime at the solo level to conserve resources in specific parts of the group.
(d) Additional supervisory discretion: Although the buffer must be capable of being drawn down, banks should not choose in normal times to operate in the buffer range simply to compete with other banks and win market share. To ensure that this does not happen, supervisors have the additional discretion to impose time limits on banks operating within the buffer range on a case-by- case basis. In any case, supervisors should ensure that the capital plans of banks seek to rebuild buffers over an appropriate timeframe.
C. Transitional arrangements
The capital conservation buffer will be phased in between 1 January 2016 and year end 2018 becoming fully effective on 1 January 2019. It will begin at 0.625% of RWAs on 1 January 2016 and increase each subsequent year by an additional 0.625 percentage points, to reach its final level of 2.5% of RWAs on 1 January 2019. Countries that experience excessive credit growth should consider accelerating the build up of the capital conservation buffer and the countercyclical buffer. SAMA has the discretion to impose shorter transition periods and will do so where appropriate.
Banks that already meet the minimum ratio requirement during the transition period but remain below the 7% Common Equity Tier 1 target (minimum plus conservation buffer) should maintain prudent earnings retention policies with a view to meeting the conservation buffer as soon as reasonably possible.
The division of the buffer into quartiles that determine the minimum capital conservation ratios will begin on 1 January 2016. These quartiles will expand as the capital conservation buffer is phased in and will take into account any countercyclical buffer in effect during this period.
1 Common Equity Tier 1 must first be used to meet the minimum capital requirements (including the 6% Tier 1and 8% Total capital requirements if necessary), before the remainder can contribute to the capital conservation buffer.
9.2. Countercyclical Buffer
A. Introduction
Losses incurred in the banking sector can be extremely large when a downturn is preceded by a period of excess credit growth. These losses can destabilize the banking sector and spark a vicious circle, whereby problems in the financial system can contribute to a downturn in the real economy that then feeds back on to the banking sector. These interactions highlight the particular importance of the banking sector building up additional capital defences in periods where the risks of system-wide stress are growing markedly.
The countercyclical buffer aims to ensure that banking sector capital requirements take account of the macro-financial environment in which banks operate. It will be deployed by national jurisdictions when excess aggregate credit growth is judged to be associated with a build-up of system-wide risk to ensure the banking system has a buffer of capital to protect it against future potential losses. This focus on excess aggregate credit growth means that jurisdictions are likely to only need to deploy the buffer on an infrequent basis. The buffer for internationally-active banks will be a weighted average of the buffers deployed across all the jurisdictions to which it has credit exposures. This means that they will likely find themselves subject to a small buffer on a more frequent basis, since credit cycles are not always highly correlated across jurisdictions.
The countercyclical buffer regime consists of the following elements:
(a) SAMA will monitor credit growth and other indicators that may signal a build up of system-wide risk and make assessments of whether credit growth is excessive and is leading to the build up of system-wide risk. Based on this assessment they will put in place a countercyclical buffer requirement when circumstances warrant. This requirement will be released when system-wide risk crystallizes or dissipates.
(b) Internationally active banks will look at the geographic location of their private sector credit exposures and calculate their bank specific countercyclical capital buffer requirement as a weighted average of the requirements that are being applied in jurisdictions to which they have credit exposures.
(c) The countercyclical buffer requirement to which a bank is subject will extend the size of the capital conservation buffer. Banks will be subject to restrictions on distributions if they do not meet the requirement.
B. National countercyclical buffer requirements
Each Basel Committee member jurisdiction will identify an authority with the responsibility to make decisions on the size of the countercyclical capital buffer. Consequently, if SAMA judges a period of excess credit growth leading to the build up of system-wide risk, it will consider, together with any other macroprudential tools at its disposal by putting in place a countercyclical buffer requirement. This will vary between zero and 2.5% of risk weighted assets, depending on its judgment as to the extent of the build up of systemwide risk.1
The document entitled Guidance for national authorities operating the countercyclical capital buffer, sets out the principles that national authorities have agreed to follow in making buffer decisions. This document provides information that should help banks to understand and anticipate the buffer decisions made by national authorities in the jurisdictions to which they have credit exposures.
To give banks time to adjust to a buffer level, a jurisdiction will pre-announce its decision to raise the level of the countercyclical buffer by up to 12 months.2 Decisions by a jurisdiction to decrease the level of the countercyclical buffer will take effect immediately. The pre-announced buffer decisions and the actual buffers in place for all Committee member jurisdictions will be published on the BIS website.
C. Bank specific countercyclical buffer
Banks will be subject to a countercyclical buffer that varies between zero and 2.5% to total risk weighted assets.3 The buffer that will apply to each bank will reflect the geographic composition of its portfolio of credit exposures. Banks must meet this buffer with Common Equity Tier 1 or other fully loss absorbing capital4 or be subject to the restrictions on distributions set out in the next Section.
Internationally active banks will look at the geographic location of their private sector credit exposures (including non-bank financial sector exposures) and calculate their countercyclical capital buffer requirement as a weighted average of the buffers that are being applied in jurisdictions to which they have an exposure. Credit exposures in this case include all private sector credit exposures that attract a credit risk capital charge or the risk weighted equivalent trading book capital charges for specific risk, IRC and securitization.
The weighting applied to the buffer in place in each jurisdiction will be the bank’s total credit risk charge that relates to private sector credit exposures in that jurisdiction5, divided by the bank’s total credit risk charge that relates to private sector credit exposures across all jurisdictions.
For the VaR for specific risk, the incremental risk charge and the comprehensive risk measurement charge, banks should work with their supervisors to develop an approach that would translate these charges into individual instrument risk weights that would then be allocated to the geographic location of the specific counterparties that make up the charge. However, it may not always be possible to break down the charges in this way due to the charges being calculated on a portfolio by portfolio basis. In such cases, the charge for the relevant portfolio should be allocated to the geographic regions of the constituents of the portfolio by calculating the proportion of the portfolio’s total exposure at default (EAD) that is due to the EAD resulting from counterparties in each geographic region.
D. Extension of the capital conservation buffer
The countercyclical buffer requirement to which a bank is subject is implemented through an extension of the capital conservation buffer described in section III.
The table below shows the minimum capital conservation ratios a bank must meet at various levels of the Common Equity Tier 1 capital ratio.6 When the countercyclical capital buffer is zero in all of the regions to which a bank has private sector credit exposures, the capital levels and restrictions set out in the table are the same as those set out in section III.
Individual bank minimum capital conservation standards Common Equity Tier 1 (including other fully loss absorbing capital) Minimum Capital Conservation Ratios (express as a percentage of earnings) Within first quartile of buffer 100% Within second quartile of buffer 80% Within third quartile of buffer 60% Within fourth quartile of buffer 40% Above top of buffer 40% 148. For illustrative purposes, the following table sets out the conservation ratios a bank must meet at various levels of Common Equity Tier 1 capital if the bank is subject to a 2.5% countercyclical buffer requirement.
Individual bank minimum capital conservation standards, when a bank is subject to a 2.5% countercyclical requirement Common Equity Tier 1 (including other fully loss absorbing capital) Minimum Capital Conservation Ratios (express as a percentage of earnings) 4.5% - 5.75% 100% >5.75% - 7.0% 80% >7.0% - 8.25 60% >8.25% - 9.5% 40% >9.5% 0% E. Frequency of calculation and disclosure
Banks must ensure that their countercyclical buffer requirements are calculated and publically disclosed with at least the same frequency as their minimum capital requirements. The buffer should be based on the latest relevant jurisdictional countercyclical buffers that are available at the date that they calculate their minimum capital requirement. In addition, when disclosing their buffer requirement, banks must also disclose the geographic breakdown of their private sector credit exposures used in the calculation of the buffer requirement.
F. Transitional arrangements
The countercyclical buffer regime will be phased-in in parallel with the capital conservation buffer between 1 January 2016 and year end 2018 becoming fully effective on 1 January 2019. This means that the maximum countercyclical buffer requirement will begin at 0.625% of RWAs on 1 January 2016 and increase each subsequent year by an additional 0.625 percentage points, to reach its final maximum of 2.5% of RWAs on 1 January 2019. Countries that experience excessive credit growth during this transition period will consider accelerating the build up of the capital conservation buffer and the countercyclical buffer. In addition, jurisdictions may choose to implement larger countercyclical buffer requirements. In such cases the reciprocity provisions of the regime will not apply to the additional amounts or earlier time-frames.
Ratio Calculation – Standardized Approach Basel III
Quarterly Capital Adequacy Ratios Standardized Approach
NOTE: This section is only for information purposes as the end result of implementing Basel III. Banks will have to complete the Basel III Prudential Returns package sent separately in order to obtain the actual ratios. Further, the minimum BCBS Basel III CAR requirements are given in attachment # 1. 1. Basel III Actual Ratios Ratios % 1.1 Actual Common Equity Tier 1 (as a percentage of risk weighted assets), to be calculated as row 2912 divided by row 6012 (expressed as a percentage) refer to page 16 % 1.2 Actual Tier 1 (as a percentage of risk weighted assets), to be calculated as row 4512 divided by row 6012 (expressed as a percentage) refer to page 16 % 1.3 Actual Total capital (as a percentage of risk weighted assets), to be calculated as row 597 divided by row 607 (expressed as a percentage) refer to page 17 % 2. Basel III Minimum Capital Ratio Requirements7 and excess/(deficit) of Actual Ratio for the following ratios %: Ratios 2.1 Minimum Common Equity Tier 1 Capital Ratio7 % Excess/(Deficit) of Actual 1.1 over above 2.1 % 2.2 Capital Conservation Buffer7 % 2.3 Minimum Common Equity Tier 1 ratio plus Capital Conservation buffer (2.1+2.2)7 % Excess/(Deficit) of actual (1.1) over above 2.3 % 2.4 Minimum Tier 1 Capital Ratio7 % Excess of Actual/(Deficit) of 1.2 over 2.4 % 2.5 Minimum Total Capital Ratio 8% Excess of Actual/(Deficit) of 1.3 over 2.5 (8%) % 2.6 Minimum Total Capital ratio plus Conservation buffer (2.5+2.2)7 % Excess of Actual/(Deficit) of 1.3 over 2.6 % 2.7 Minimum Total Capital ratio plus all buffers concerning conservation7, countercyclical and DSIBs % Excess/(Deficit) of actual Total Capital Ratio (1.3) over Minimum Total Capital Ratio + Conservation Buffer (2.6) plus countercyclical buffer (3.2) plus DSIBs (3.3) % 3. Basel III Buffers including capital buffer concerning Conservation, Countercyclical and Domestic SIB (DSIBs) Buffers % 3.1 Capital Conservation ratio7,11 Nil% 3.2 Countercyclical ratio10 Nil% 3.3 Domestic SIBSs ratio8,9 Nil% 1 SAMA can implement a range of additional macroprudential tools, including a buffer in excess of 2.5% for banks in Saudi Arabia, if this is deemed appropriate in Saudi Arabia. However, the international reciprocity provisions set out in this regime treat the maximum countercyclical buffer as 2.5%.
2 Banks outside of Saudi Arabia with credit exposures to counterparties in Saudi Arabia will also be subject to the increased buffer level after the pre-announcement period in respect of these exposures. However, in cases where the pre-announcement period of a jurisdiction is shorter than 12 months, the home authority of such banks should seek to match the preannouncement period where practical, or as soon as possible (subject to a maximum preannouncement period of 12 months), before the new buffer level comes into effect.
3 As with the capital conservation buffer, the framework will be applied at the consolidated level. In addition, SAMA may apply the regime at the solo level to conserve resources in specific parts of the group.
4 The Committee is still reviewing the question of permitting other fully loss absorbing capital beyond Common Equity Tier 1 and what form it would take. Until the Committee has issued further guidance, the countercyclical buffer is to be met with Common Equity Tier 1 only.
5 When considering the jurisdiction to which a private sector credit exposure relates, banks should use, where possible, an ultimate risk basis; i.e. it should use the country where the guarantor of the exposure resides, not where the exposure has been booked.
6 Consistent with the conservation buffer, the Common Equity Tier 1 ratio in this context includes amounts used to meet the 4.5% minimum Common Equity Tier 1 requirement, but excludes any additional Common Equity Tier 1 needed to meet the 6% Tier 1 and 8% Total Capital requirements.
7 Refer to minimum required ratios contingent on the phase-in requirements (Annex 1)
8 SAMA to provide Nil for now.
9 D-SIB not relevant to Saudi banks at the present.
10 For DSIBs and countercyclical buffer, SAMA has nil for each.
11 Capital Conservation buffers are nil until 2016.
12 All reference to Rows are to the attached Prudential Returns (P15-P17).C. Pillar 2 Requirements
Pillar 2: Add Requirements to Improve the Operational Performance of the Collateral Department
A summary is as follows:
• Applicable to IMM banks
• BCBS strengthened the standards for collateral management (Pillar 2)
• Requirement added to improve the operational performance of the collateral department for IMM banks
• BCBS supports the creation of a ‘’Collateral Management Unit’’ (CMU)
Enhancements
106. To implement the requirements designed to improve the collateral department operations, two new paragraphs, 51(i) and 51(ii), will be incorporated into Annex 41 and paragraph 777(x), Part 3: The Second Pillar – Supervisory Review Process, will be revised as follows:
51(i). Banks applying the internal model method must have a collateral management unit that is responsible for calculating and making margin calls, managing margin call disputes and reporting levels of independent amounts, initial margins and variation margins accurately on a daily basis. This unit must control the integrity of the data used to make margin calls, and ensure that it is consistent and reconciled regularly with all relevant sources of data within the bank. This unit must also track the extent of reuse of collateral (both cash and non-cash) and the rights that the bank gives away to its respective counterparties for the collateral that it posts. These internal reports must indicate the categories of collateral assets that are reused, and the terms of such reuse including instrument, credit quality and maturity. The unit must also track concentration to individual collateral asset classes accepted by the banks. Senior management must allocate sufficient resources to this unit for its systems to have an appropriate level of operational performance, as measured by the timeliness and accuracy of outgoing calls and response time to incoming calls. Senior management must ensure that this unit is adequately staffed to process calls and disputes in a timely manner even under severe market crisis, and to enable the bank to limit its number of large disputes caused by trade volumes.
51(ii). The bank’s collateral management unit must produce and maintain appropriate collateral management information that is reported on a regular basis to senior management. Such internal reporting should include information on the type of collateral (both cash and non-cash) received and posted, as well as the size, aging and cause for margin call disputes. This internal reporting should also reflect trends in these figures.
SAMA's circular concerning the implementation of Pillar 2 under Basel II.5 will continue to apply and represent SAMA's Pillar 2 capital requirement under Basel III.
The additional requirement under Basel III are not applicable to SAMA as currently they refer to IMM approach only. Consequently, SAMA will inform the banks where relevant.
777(x). The bank must conduct an independent review of the CCR management system regularly through its own internal auditing process. This review must include both the activities of the business credit and trading units and of the independent CCR control unit. A review of the overall CCR management process must take place at regular intervals (ideally not less than once a year) and must specifically address, at a minimum:
• the adequacy of the documentation of the CCR management system and process;
• the organization of the collateral management unit;
• the organization of the CCR control unit;
• the integration of CCR measures into daily risk management;
• the approval process for risk pricing models and valuation systems used by front and back-office personnel;
• the validation of any significant change in the CCR measurement process;
• the scope of counterparty credit risks captured by the risk measurement model;
• the integrity of the management information system;
• the accuracy and completeness of CCR data;
• the accurate reflection of legal terms in collateral and netting agreements into exposure measurements;
• the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources;
• the accuracy and appropriateness of volatility and correlation assumptions;
• the accuracy of valuation and risk transformation calculations; and
• the verification of the model’s accuracy through frequent backtesting.
D. Pillar 3 Requirements
SAMA implemented Basel III Pillar 3 requirements will be implemented shortly.
Disclosure requirements
91. To help improve transparency of regulatory capital and improve market discipline, banks are required to disclose the following:
• a full reconciliation of all regulatory capital elements back to the balance sheet in the audited financial statements;
• separate disclosure of all regulatory adjustments and the items not deducted from Common Equity Tier 1 according to section 4.4 of this SAMA guideline
• a description of all limits and minima, identifying the positive and negative elements of capital to which the limits and minima apply;
• a description of the main features of capital instruments issued; banks which disclose ratios involving components of regulatory capital (e.g. “Equity Tier 1”, “Core Tier 1” or “Tangible Common Equity” ratios) must accompany such disclosures with a comprehensive explanation of how these ratios are calculated.
92. Banks are also required to make available on their websites the full terms and conditions of all instruments included in regulatory capital. The Basel Committee will issue more detailed Pillar 3 disclosure requirements in 2011.
93. During the transition phase banks are required to disclose the specific components of capital, including capital instruments and regulatory adjustments that are benefiting from the transitional provisions.
Annexes
Annex # 1: Calibration of the Capital Framework Phase-In-Arrangement
2011 2012 2013 2014 2015 2016 2017 2018 1 January 2019 Leverage Ratio Supervisory monitoring Parallel run 1 Jan 2013 – 1 Jan 2017 Disclosures start 1 Jan 2015 Migration to Pillar 1 Minimum Common Equity Capital (CEC) Ratio 3.5% 4.0% 4.5% 4.5% 4.5% 4.5% 4.5% Capital Conservation Buffer 0.625% 1.25% 1.875% 2.50% Minimum Common Equity plus capital conservation buffer 3.5% 4.0% 4.5% 5.125% 5.75% 6.375% 7.0% Phase-in of deductions from CET1 (including amounts exceeding the limit for DTAs, MSRs and financials) 20% 40% 60% 80% 100% 100% Minimum Tier 1 Capital 4.5% 5.5% 6.0% 6.0% 6.0% 6.0% 6.0% Minimum Total Capital 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% Minimum Total Capital plus conservation buffer 8.0% 8.0% 8.0% 8.625% 9.25% 9.875% 10.5% Capital instruments that no longer qualify as non-core Tier 1 capital or Tier 2 capital Phased out over 10 years horizon beginning 2013 Liquidity coverage ratio1 Observation period begins Introduce minimum standard Net stable funding ratio Observation period begins Introduce minimum standard 1 Reporting to regulatory authorities from January 2012.
Note: All dates as of 1 January.Annex-1A: Calibration of the Capital Framework Capital Requirements and Buffers (All Numbers in Percent)
Common Equity Tier 1 Tier 1 Capital Total Capital Minimum 4.5 6.0 8.0 Conservation buffer 2.5 Minimum plus conservation buffer 7.0 8.5 10.5 Countercyclical buffer range* 0 – 2.5 Annex # 2: Criteria for Classification as Common Shares for Regulatory Capital Purposes
1. Represents the most subordinated claim in liquidation of the bank.
2. Entitled to a claim on the residual assets that is proportional with its share of issued capital, after all senior claims have been repaid in liquidation (ie has an unlimited and variable claim, not a fixed or capped claim).
3. Principal is perpetual and never repaid outside of liquidation (setting aside discretionary repurchases or other means of effectively reducing capital in a discretionary manner that is allowable under relevant law).
4. The bank does nothing to create an expectation at issuance that the instrument will be bought back, redeemed or cancelled nor do the statutory or contractual terms provide any feature which might give rise to such an expectation.
5. Distributions are paid out of distributable items (retained earnings included). The level of distributions is not in any way tied or linked to the amount paid in at issuance and is not subject to a contractual cap (except to the extent that a bank is unable to pay distributions that exceed the level of distributable items).
6. There are no circumstances under which the distributions are obligatory. Non-payment is therefore not an event of default.
7. Distributions are paid only after all legal and contractual obligations have been met and payments on more senior capital instruments have been made. This means that there are no preferential distributions, including in respect of other elements classified as the highest quality issued capital.
Footnote a: The criteria also apply to non-joint stock companies, such as mutuals, cooperatives or savings institutions, taking into account their specific constitution and legal structure. The application of the criteria should preserve the quality of the instruments by requiring that they are deemed fully equivalent to common shares in terms of their capital quality as regards loss absorption and do not possess features which could cause the condition of the bank to be weakened as a going concern during periods of market stress. Supervisors will exchange information on how they apply the criteria to non-joint stock companies in order to ensure consistent implementation.
(Refer to Paragraphs 52: Basel III: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
8. It is the issued capital that takes the first and proportionately greatest share of any losses as they occur. (In cases where capital instruments have a permanent write-down feature, this criterion is still deemed to be met by common shares.) Within the highest quality capital, each instrument absorbs losses on a going concern basis proportionately and pari passu with all the others.
9. The paid in amount is recognized as equity capital (ie not recognized as a liability) for determining balance sheet insolvency.
10. The paid in amount is classified as equity under the relevant accounting standards.
11. It is directly issued and paid-in and the bank can not directly or indirectly have funded the purchase of the instrument.
12. The paid in amount is neither secured nor covered by a guarantee of the issuer or related entity (a related entity can include a parent company, a sister company, a subsidiary or any other affiliate. A holding company is a related entity irrespective of whether it forms part of the consolidated banking group)1 or subject to any other arrangement that legally or economically enhances the seniority of the claim.
13. It is only issued with the approval of the owners of the issuing bank, either given directly by the owners or, if permitted by applicable law, given by the Board of Directors or by other persons duly authorized by the owners.
14. It is clearly and separately disclosed on the bank’s balance sheet.
Annex # 3: Instruments Issued by the Bank that Meet the Additional Tier 1 Criteria
The following box sets out the minimum set of criteria for an instrument issued by the bank to meet or exceed in order for it to be included in Additional Tier 1 capital.
Criteria for inclusion in Additional Tier 1 capital
1. Issued and paid-in
2. Subordinated to depositors, general creditors and subordinated debt of the bank
3. Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis bank creditors
4. Is perpetual, ie there is no maturity date and there are no step-ups or other incentives to redeem
5. May be callable at the initiative of the issuer only after a minimum of five years:
a. To exercise a call option a bank must receive prior supervisory approval; and
b. A bank must not do anything which creates an expectation that the call will be exercised; and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; (replacement issues can be concurrent with but not after the instrument is called); or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised. (minimum refers to the regulator’s prescribed minimum requirement, which may be higher than the Basel III Pillar 1 minimum requirement)
6. Any repayment of principal (eg through repurchase or redemption) must be with prior supervisory approval and banks should not assume or create market expectations that supervisory approval will be given
7. Dividend/coupon discretion:
a. the bank must have full discretion at all times to cancel distributions/payments (a consequence of full discretion at all times to cancel distributions/payments is that “dividend pushers” are prohibited. An instrument with a dividend pusher obliges the issuing bank to make a dividend/coupon payment on the instrument if it has made a payment on another (typically more junior) capital instrument or share. This obligation is inconsistent with the requirement for full discretion at all times. Furthermore, the term “cancel distributions/payments” means extinguish these payments. It does not permit features that require the bank to make distributions/payments in kind.)
b. cancellation of discretionary payments must not be an event of default
c. banks must have full access to cancelled payments to meet obligations as they fall due
d. cancellation of distributions/payments must not impose restrictions on the bank except in relation to distributions to common stockholders.
8. Dividends/coupons must be paid out of distributable items
9. The instrument cannot have a credit sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organization’s credit standing.
10. The instrument cannot contribute to liabilities exceeding assets if such a balance sheet test forms part of national insolvency law.
11. Instruments classified as liabilities for accounting purposes must have principal loss absorption through either (i) conversion to common shares at an objective pre-specified trigger point or (ii) a write-down mechanism which allocates losses to the instrument at a pre-specified trigger point. The write-down will have the following effects:
a. Reduce the claim of the instrument in liquidation;
b. Reduce the amount re-paid when a call is exercised; and
c. Partially or fully reduce coupon/dividend payments on the instrument.
12. Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of the instrument.
13. The instrument cannot have any features that hinder recapitalization, such as provisions that require the issuer to compensate investors if a new instrument is issued at a lower price during a specified time frame
14. If the instrument is not issued out of an operating entity (An operating entity is an entity set up to conduct business with clients with the intention of earning a profit in its own right.) or the holding company in the consolidated group (e.g. a special purpose vehicle – “SPV”), proceeds must be immediately available without limitation to an operating entity or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Additional Tier 1 capital.
Stock surplus (share premium) resulting from the issue of instruments included in Additional Tier 1 capital;
Stock surplus (i.e. share premium) that is not eligible for inclusion in Common Equity Tier 1, will only be permitted to be included in Additional Tier 1 capital if the shares giving rise to the stock surplus are permitted to be included in Additional Tier 1 capital.
Annex # 4: Instruments Issued by the Bank that Meet the Tier 2 Criteria
Criteria for inclusion in Tier 2 Capital
1. Issued and paid-in
2. Subordinated to depositors and general creditors of the bank
3. Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis depositors and general bank creditors
4. Maturity:
a. minimum original maturity of at least five years
b. recognition in regulatory capital in the remaining five years before maturity will be amortized on a straight-line basis
c. there are no step-ups or other incentives to redeem
5. May be callable at the initiative of the issuer only after a minimum of five years:
a. To exercise a call option a bank must receive prior supervisory approval;
b. A bank must not do anything that creates an expectation that the call will be exercised; (An option to call the instrument after five years but prior to the start of the amortization period will not be viewed as an incentive to redeem as long as the bank does not do anything that creates an expectation that the call will be exercised at this point.) and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised (minimum refers to the regulator’s prescribed minimum requirement, which may be higher than the Basel III Pillar 1 minimum requirement.)
6. The investor must have no rights to accelerate the repayment of future scheduled payments (coupon or principal), except in bankruptcy and liquidation.
7. The instrument cannot have a credit sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organization’s credit standing.
8. Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of the instrument.
9. If the instrument is not issued out of an operating entity or the holding company in the consolidated group (e.g. a special purpose vehicle – “SPV”), proceeds must be immediately available without limitation to an operating entity (An operating entity is an entity set up to conduct business with clients with the intention of earning a profit in its own right) or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Tier 2 Capital.
Annex # 5*: Treatment of Counterparty Credit Risk and Cross-Product Netting
1. This rule identifies permissible methods for estimating the Exposure at Default (EAD) or the exposure amount for instruments with counterparty credit risk (CCR) under this Framework.237 Banks may seek supervisory approval to make use of an internal modeling method meeting the requirements and specifications identified herein. As alternatives banks may also use the standardized method or the current exposure method.
I. Definitions and general terminology
2. This section defines terms that will be used throughout this text.
A. General terms
• Counterparty Credit Risk (CCR) is the risk that the counterparty to a transaction could default before the final settlement of the transaction's cash flows. An economic loss would occur if the transactions or portfolio of transactions with the counterparty has a positive economic value at the time of default. Unlike a firm’s exposure to credit risk through a loan, where the exposure to credit risk is unilateral and only the lending bank faces the risk of loss, CCR creates a bilateral risk of loss: the market value of the transaction can be positive or negative to either counterparty to the transaction. The market value is uncertain and can vary over time with the movement of underlying market factors.
B. Transaction types
• Long Settlement Transactions are transactions where a counterparty undertakes to deliver a security, a commodity, or a foreign exchange amount against cash, other financial instruments, or commodities, or vice versa, at a settlement or delivery date that is contractually specified as more than the lower of the market standard for this particular instrument and five business days after the date on which the bank enters into the transaction.
• Securities Financing Transactions (SFTs) are transactions such as repurchase agreements, reverse repurchase agreements, security lending and borrowing, and margin lending transactions, where the value of the transactions depends on market valuations and the transactions are often subject to margin agreements.
• Margin Lending Transactions are transactions in which a bank extends credit in connection with the purchase, sale, carrying or trading of securities. Margin lending transactions do not include other loans that happen to be secured by securities collateral. Generally, in margin lending transactions, the loan amount is collateralized by securities whose value is greater than the amount of the loan.
C. Netting sets, hedging sets, and related terms
• Netting Set is a group of transactions with a single counterparty that are subject to a legally enforceable bilateral netting arrangement and for which netting is recognized for regulatory capital purposes under the provisions of paragraphs 96 (i) to 96 (v) of this Annex, this Framework text on credit risk mitigation techniques, or the Cross-Product Netting Rules set forth in this Annex. Each transaction that is not subject to a legally enforceable bilateral netting arrangement that is recognized for regulatory capital purposes should be interpreted as its own netting set for the purpose of these rules.
• Risk Position is a risk number that is assigned to a transaction under the CCR standardized method (set out in this Anne) using a regulatory algorithm.
• Hedging Set is a group of risk positions from the transactions within a single netting set for which only their balance is relevant for determining the exposure amount or EAD under the CCR standardized method.
• Margin Agreement is a contractual agreement or provisions to an agreement under which one counterparty must supply collateral to a second counterparty when an exposure of that second counterparty to the first counterparty exceeds a specified level.
• Margin Threshold is the largest amount of an exposure that remains outstanding until one party has the right to call for collateral.
• Margin Period of Risk is the time period from the last exchange of collateral covering a netting set of transactions with a defaulting counterpart until that counterpart is closed out and the resulting market risk is re-hedged.
• Effective Maturity under the Internal Model Method for a netting set with maturity greater than one year is the ratio of the sum of expected exposure over the life of the transactions in a netting set discounted at the risk-free rate of return divided by the sum of expected exposure over one year in a netting set discounted at the risk- free rate. This effective maturity may be adjusted to reflect rollover risk by replacing expected exposure with effective expected exposure for forecasting horizons under one year. The formula is given in paragraph 38.
• Cross-Product Netting refers to the inclusion of transactions of different product categories within the same netting set pursuant to the Cross-Product Netting Rules set out in this Annex.
• Current Market Value (CMV) refers to the net market value of the portfolio of transactions within the netting set with the counterparty. Both positive and negative market values are used in computing CMV.
D. Distributions
• Distribution of Market Values is the forecast of the probability distribution of net market values of transactions within a netting set for some future date (the forecasting horizon) given the realized market value of those transactions up to the present time.
• Distribution of Exposures is the forecast of the probability distribution of market values that is generated by setting forecast instances of negative net market values equal to zero (this takes account of the fact that, when the bank owes the counterparty money, the bank does not have an exposure to the counterparty).
• Risk-Neutral Distribution is a distribution of market values or exposures at a future time period where the distribution is calculated using market implied values such as implied volatilities.
• Actual Distribution is a distribution of market values or exposures at a future time period where the distribution is calculated using historic or realized values such as volatilities calculated using past price or rate changes.
E. Exposure measures and adjustments
• Current Exposure is the larger of zero, or the market value of a transaction or portfolio of transactions within a netting set with a counterparty that would be lost upon the default of the counterparty, assuming no recovery on the value of those transactions in bankruptcy. Current exposure is often also called Replacement Cost.
• Peak Exposure is a high percentile (typically 95% or 99%) of the distribution of exposures at any particular future date before the maturity date of the longest transaction in the netting set. A peak exposure value is typically generated for many future dates up until the longest maturity date of transactions in the netting set.
• Expected Exposure is the mean (average) of the distribution of exposures at any particular future date before the longest-maturity transaction in the netting set matures. An expected exposure value is typically generated for many future dates up until the longest maturity date of transactions in the netting set.
• Effective Expected Exposure at a specific date is the maximum expected exposure that occurs at that date or any prior date. Alternatively, it may be defined for a specific date as the greater of the expected exposure at that date, or the effective exposure at the previous date. In effect, the Effective Expected Exposure is the Expected Exposure that is constrained to be non-decreasing over time.
• Expected Positive Exposure (EPE) is the weighted average over time of expected exposures where the weights are the proportion that an individual expected exposure represents of the entire time interval. When calculating the minimum capital requirement, the average is taken over the first year or, if all the contracts in the netting set mature before one year, over the time period of the longest-maturity contract in the netting set.
• Effective Expected Positive Exposure (Effective EPE) is the weighted average over time of effective expected exposure over the first year, or, if all the contracts in the netting set mature before one year, over the time period of the longest-maturity contract in the netting set where the weights are the proportion that an individual expected exposure represents of the entire time interval.
• Credit Valuation Adjustment is an adjustment to the mid-market valuation of the portfolio of trades with a counterparty. This adjustment reflects the market value of the credit risk due to any failure to perform on contractual agreements with a counterparty. This adjustment may reflect the market value of the credit risk of the counterparty or the market value of the credit risk of both the bank and the counterparty.
• One-Sided Credit Valuation Adjustment is a credit valuation adjustment that reflects the market value of the credit risk of the counterparty to the firm, but does not reflect the market value of the credit risk of the bank to the counterparty.
F. CCR-related risks
• Rollover Risk is the amount by which expected positive exposure is understated when future transactions with a counterpart are expected to be conducted on an ongoing basis, but the additional exposure generated by those future transactions is not included in calculation of expected positive exposure.
• General Wrong-Way Risk arises when the probability of default of counterparties is positively correlated with general market risk factors.
• Specific Wrong-Way Risk arises when the exposure to a particular counterpart is positively correlated with the probability of default of the counterparty due to the nature of the transactions with the counterparty.
II. Scope of application
3. The methods for computing the exposure amount under the standardized approach for credit risk or EAD under the internal ratings-based (IRB) approach to credit risk described in this Annex are applicable to SFTs and OTC derivatives.
4. Such instruments generally exhibit the following abstract characteristics:
• The transactions generate a current exposure or market value.
• The transactions have an associated random future market value based on market variables.
• The transactions generate an exchange of payments or an exchange of a financial instrument (including commodities) against payment.
• The transactions are undertaken with an identified counterparty against which a unique probability of default can be determined238.
5. Other common characteristics of the transactions to be covered may include the following:
• Collateral may be used to mitigate risk exposure and is inherent in the nature of some transactions.
• Short-term financing may be a primary objective in that the transactions mostly consist of an exchange of one asset for another (cash or securities) for a relatively short period of time, usually for the business purpose of financing. The two sides of the transactions are not the result of separate decisions but form an indivisible whole to accomplish a defined objective.
• Netting may be used to mitigate the risk.
• Positions are frequently valued (most commonly on a daily basis), according to market variables.
• Remargining may be employed.
6. An exposure value of zero for counterparty credit risk can be attributed to derivative contracts or SFTs that are outstanding with a central counterparty (e.g. a clearing house). This does not apply to counterparty credit risk exposures from derivative transactions and SFTs that have been rejected by the central counterparty. Furthermore, an exposure value of zero can be attributed to banks’ credit risk exposures to central counterparties that result from the derivative transactions, SFTs or spot transactions that the bank has outstanding with the central counterparty. This exemption extends in particular to credit exposures from clearing deposits and from collateral posted with the central counterparty. A central counterparty is an entity that interposes itself between counterparties to contracts traded within one or more financial markets, becoming the legal counterparty such that it is the buyer to every seller and the seller to every buyer. In order to qualify for the above exemptions, the central counterparty CCR exposures with all participants in its arrangements must be fully collateralized on a daily basis, thereby providing protection for the central counterparty’s CCR exposures. Assets held by a central counterparty as a custodian on the bank’s behalf would not be subject to a capital requirement for counterparty credit risk exposure.
7. Under all of the three methods identified in this Annex, when a bank purchases credit derivative protection against a banking book exposure, or against a counterparty credit risk exposure, it will determine its capital requirement for the hedged exposure subject to the criteria and general rules for the recognition of credit derivatives, i.e. substitution or double default rules as appropriate. Where these rules apply, the exposure amount or EAD for counterparty credit risk from such instruments is zero.
8. The exposure amount or EAD for counterparty credit risk is zero for sold credit default swaps in the banking book where they are treated in the framework as a guarantee provided by the bank and subject to a credit risk charge for the full notional amount.
9. Under all three methods identified in this Annex, the exposure amount or EAD for a given counterparty is equal to the sum of the exposure amounts or EADs calculated for each netting set with that counterparty.
III. Cross-product netting rules239
10. Banks that receive approval to estimate their exposures to CCR using the internal model method may include within a netting set SFTs, or both SFTs and OTC derivatives subject to a legally valid form of bilateral netting that satisfies the following legal and operational criteria for a Cross-Product Netting Arrangement (as defined below). The bank must also have satisfied any prior approval or other procedural requirements that SAMA determines to implement for purposes of recognizing a Cross Product Netting Arrangement.
Legal Criteria
11. The bank has executed a written, bilateral netting agreement with the counterparty that creates a single legal obligation, covering all included bilateral master agreements and transactions (“Cross-Product Netting Arrangement”), such that the bank would have either a claim to receive or obligation to pay only the net sum of the positive and negative (i) closeout values of any included individual master agreements and (ii) mark-to-market values of any included individual transactions (the “Cross-Product Net Amount”), in the event a counterparty fails to perform due to any of the following: default, bankruptcy, liquidation or similar circumstances.
12. The bank has written and reasoned legal opinions that conclude with a high degree of certainty that, in the event of a legal challenge, relevant courts or administrative authorities would find the firm’s exposure under the Cross-Product Netting Arrangement to be the Cross-Product Net Amount under the laws of all relevant jurisdictions. In reaching this conclusion, legal opinions must address the validity and enforceability of the entire Cross-Product Netting Arrangement under its terms and the impact of the Cross-Product Netting Arrangement on the material provisions of any included bilateral master agreement.
• The laws of “all relevant jurisdictions” are: (i) the law of the jurisdiction in which the counterparty is chartered and, if the foreign branch of a counterparty is involved, then also under the law of the jurisdiction in which the branch is located, (ii) the law that governs the individual transactions, and (iii) the law that governs any contract or agreement necessary to effect the netting.
• A legal opinion must be generally recognized as such by the legal community in the firm’s home country or a memorandum of law that addresses all relevant issues in a reasoned manner.
13. The bank has internal procedures to verify that, prior to including a transaction in a netting set, the transaction is covered by legal opinions that meet the above criteria.
14. The bank undertakes to update legal opinions as necessary to ensure continuing enforceability of the Cross-Product Netting Arrangement in light of possible changes in relevant law.
15. The Cross-Product Netting Arrangement does not include a walk away clause. A walk away clause is a provision which permits a non-defaulting counterparty to make only limited payments, or no payment at all, to the estate of the defaulter, even if the defaulter is a net creditor.
16. Each included bilateral master agreement and transaction included in the Cross- Product Netting Arrangement satisfies applicable legal requirements for recognition of (i) bilateral netting of derivatives contracts in paragraphs 96(i) to 96(v) of this Annex, or (ii) credit risk mitigation techniques in Part 2, Section II.D of this Framework.
17. The bank maintains all required documentation in its files.
Operational Criteria
18. The supervisory authority is satisfied that the effects of a Cross-Product Netting Arrangement are factored into the firm’s measurement of a counterparty’s aggregate credit risk exposure and that the bank manages its counterparty credit risk on such basis.
19. Credit risk to each counterparty is aggregated to arrive at a single legal exposure across products covered by the Cross-Product Netting Arrangement. This aggregation must be factored into credit limit and economic capital processes.
IV. Approval to adopt an internal modeling method to estimate EAD
20. A bank (meaning the individual legal entity or a group) that wishes to adopt an internal modeling method to measure exposure or EAD for regulatory capital purposes must seek approval from its supervisor. The internal modeling method is available both for banks that adopt the internal ratings-based approach to credit risk and for banks for which the standardized approach to credit risk applies to all of their credit risk exposures. The bank must meet all of the requirements given in Section V of this Annex and must apply the method to all of its exposures that are subject to counterparty credit risk, except for long settlement transactions.
21. A bank may also choose to adopt an internal modeling method to measure CCR for regulatory capital purposes for its exposures or EAD to only OTC derivatives, to only SFTs, or to both, subject to the appropriate recognition of netting specified above. The bank must apply the method to all relevant exposures within that category, except for those that are immaterial in size and risk. During the initial implementation of the internal models method, a bank may use the standardized method or the current exposure method for a portion of its business. The bank must submit a plan to its supervisor to bring all material exposures for that category of transactions under the internal model method.
22. For all OTC derivative transactions and for all long settlement transactions for which a bank has not received approval from its supervisor to use the internal models method, the bank must use either the standardized method or the current exposure method. Combined use of the current exposure method and the standardized method is permitted on a permanent basis within a group. Combined use of the current exposure method and the standardized method within a legal entity is only permissible for the cases indicated in paragraph 90 of this Annex.
23. Exposures or EAD arising from long settlement transactions can be determined using any of the three methods identified in this document regardless of the methods chosen for treating OTC derivatives and SFTs. In computing capital requirements for long settlement transactions banks that hold permission to use the internal ratings-based approach may opt to apply the risk weights under this Framework’s standardized approach for credit risk on a permanent basis and irrespective to the materiality of such positions.
24. After adoption of the internal model method, the bank must comply with the above requirements on a permanent basis. Only under exceptional circumstances or for immaterial exposures can a bank revert to either the current exposure or standardized methods for all or part of its exposure. The bank must demonstrate that reversion to a less sophisticated method does not lead to an arbitrage of the regulatory capital rules.
V. Internal Model Method: measuring exposure and minimum requirements
A. Exposure amount or EAD under the internal model method
25. CCR exposure or EAD is measured at the level of the netting set as defined in Sections I and III of this Annex. A qualifying internal model for measuring counterparty credit exposure must specify the forecasting distribution for changes in the market value of the netting set attributable to changes in market variables, such as interest rates, foreign exchange rates, etc. The model then computes the firm’s CCR exposure for the netting set at each future date given the changes in the market variables. For margined counterparties, the model may also capture future collateral movements. Banks may include eligible financial collateral as defined in paragraphs 146 and 703 of this Framework in their forecasting distributions for changes in the market value of the netting set, if the quantitative, qualitative and data requirements for internal model method are met for the collateral.
26. To the extent that a bank recognizes collateral in exposure amount or EAD via current exposure, a bank would not be permitted to recognize the benefits in its estimates of LGD. As a result, the bank would be required to use an LGD of an otherwise similar uncollateralized facility. In other words, the bank would be required to use an LGD that does not include collateral that is already included in EAD.
27. Under the Internal Model Method, the bank need not employ a single model. Although the following text describes an internal model as a simulation model, no particular form of model is required. Analytical models are acceptable so long as they are subject to supervisory review, meet all of the requirements set forth in this section and are applied to all material exposures subject to a CCR-related capital charge as noted above, with the exception of long settlement transactions, which are treated separately, and with the exception of those exposures that are immaterial in size and risk.
28. Expected exposure or peak exposure measures should be calculated based on a distribution of exposures that accounts for the possible nonnormality of the distribution of exposures, including the existence of leptokurtosis (“fat tails”), where appropriate.
29. When using an internal model, exposure amount or EAD is calculated as the product of alpha times Effective EPE, as specified below:
EAD = α x Effective EPE (1)
30. Effective EPE (“Expected Positive Exposure”) is computed by estimating expected exposure (EEt) as the average exposure at future date t, where the average is taken across possible future values of relevant market risk factors, such as interest rates, foreign exchange rates, etc. The internal model estimates EE at a series of future dates t1, t2, t3…240 Specifically, “Effective EE” is computed recursively as:
Effective EEtk = max(Effective EEtk-1, EEtk) (2)
where the current date is denoted as t0 and Effective EEt0 equals current exposure.
31. In this regard, “Effective EPE” is the average Effective EE during the first year of future exposure. If all contracts in the netting set mature before one year, EPE is the average of expected exposure until all contracts in the netting set mature. Effective EPE is computed as a weighted average of Effective EE:
where the weights Δtk = tk – tk-1 allows for the case when future exposure is calculated at dates that are not equally spaced over time.
32. Alpha (<) is set equal to 1.4.
33. Supervisors have the discretion to require a higher alpha based on a firm’s CCR exposures. Factors that may require a higher alpha include the low granularity of counterparties; particularly high exposures to general wrong-way risk; particularly high correlation of market values across counterparties; and other institution-specific characteristics of CCR exposures.
B. Own estimates for alpha
34. Banks may seek approval from their supervisors to compute internal estimates of alpha subject to a floor of 1.2, where alpha equals the ratio of economic capital from a full simulation of counterparty exposure across counterparties (numerator) and economic capital based on EPE (denominator), assuming they meet certain operating requirements. Eligible banks must meet all the operating requirements for internal estimates of EPE and must demonstrate that their internal estimates of alpha capture in the numerator the material sources of stochastic dependency of distributions of market values of transactions or of portfolios of transactions across counterparties (e.g. the correlation of defaults across counterparties and between market risk and default).
35. In the denominator, EPE must be used as if it were a fixed outstanding loan amount.
36. To this end, banks must ensure that the numerator and denominator of alpha are computed in a consistent fashion with respect to the modeling methodology, parameter specifications and portfolio composition. The approach used must be based on the firm’s internal economic capital approach, be well-documented and be subject to independent validation. In addition, banks must review their estimates on at least a quarterly basis, and more frequently when the composition of the portfolio varies over time. Banks must assess the model risk.
37. Where appropriate, volatilities and correlations of market risk factors used in the joint simulation of market and credit risk should be conditioned on the credit risk factor to reflect potential increases in volatility or correlation in an economic downturn. Internal estimates of alpha should take account of the granularity of exposures.
C. Maturity
38. If the original maturity of the longest-dated contract contained in the set is greater than one year, the formula for effective maturity (M) in paragraph 320 of this Framework is replaced with the following:
where dfk is the risk-free discount factor for future time period tk and the remaining symbols are defined above. Similar to the treatment under corporate exposures, M has a cap of five years.241
39. For netting sets in which all contracts have an original maturity of less than one year, the formula for effective maturity (M) in paragraph 320 of this Framework is unchanged and a floor of one year applies, with the exception of short-term exposures as described in paragraphs 321 to 323 of this Framework.
D. Margin agreements
40. If the netting set is subject to a margin agreement and the internal model captures the effects of margining when estimating EE, the model’s EE measure may be used directly in equation (2). Such models are noticeably more complicated than models of EPE for unmargined counterparties. As such, they are subject to a higher degree of supervisory scrutiny before they are approved, as discussed below.
41. A bank that can model EPE without margin agreements but cannot achieve the higher level of modeling sophistication to model EPE with margin agreements can use the following method for margined counterparties. The method is a simple and conservative approximation to Effective EPE and sets Effective EPE for a margined counterparty equal to the lesser of:
• The threshold, if positive, under the margin agreement plus an add-on that reflects the potential increase in exposure over the margin period of risk. The add-on is computed as the expected increase in the netting set’s exposure beginning from current exposure of zero over the margin period of risk.242 A supervisory floor of five business days for netting sets consisting only of repo style transactions subject to daily remargining and daily mark-to-market, and 10 business days for all other netting sets is imposed on the margin period of risk used for this purpose;
• Effective EPE without a margin agreement.
E. Model validation
42. Because counterparty exposures are driven by movements in market variables, the validation of an EPE model is similar to the validation of a Value-at-Risk (VaR) model that is used to measure market risk. Therefore, in principle, the qualitative standards in paragraph 718 (LXXIV) for the use of VaR models should be carried over to EPE models. However, an EPE model has additional elements that require validation:
• Interest rates, foreign exchange rates, equity prices, commodities, and other market risk factors must be forecast over long time horizons for measuring counterparty exposure. The performance of the forecasting model for market risk factors must be validated over a long time horizon. In contrast, VaR for market risk is measured over a short time horizon (typically, one to ten days).
• The pricing models used to calculate counterparty exposure for a given scenario of future shocks to market risk factors must be tested as part of the model validation process. These pricing models may be different from those used to calculate VaR over a short horizon. Pricing models for options must account for the nonlinearity of option value with respect to market risk factors.
• An EPE model must capture transaction-specific information in order to aggregate exposures at the level of the netting set. Banks must verify that transactions are assigned to the appropriate netting set within the model.
• An EPE model must also include transaction-specific information in order to capture the effects of margining. It must take into account both the current amount of margin and margin that would be passed between counterparties in the future. Such a model must account for the nature of margin agreements (unilateral or bilateral), the frequency of margin calls, the margin period of risk, the threshold of unmargined exposure the bank is willing to accept, and the minimum transfer amount. Such a model must either model the mark-to-market change in the value of collateral posted or apply this Framework’s rules for collateral.
43. Static, historical backtesting on representative counterparty portfolios must be part of the model validation process. At regular intervals as directed by its supervisor, a bank must conduct such backtesting on a number of representative counterparty portfolios (actual or hypothetical). These representative portfolios must be chosen based on their sensitivity to the material risk factors and correlations to which the bank is exposed.
44. Starting at a particular historical date, backtesting of an EPE model would use the internal model to forecast each portfolio’s probability distribution of exposure at various time horizons. Using historical data on movements in market risk factors, backtesting then computes the actual exposures that would have occurred on each portfolio at each time horizon assuming no change in the portfolio’s composition. These realized exposures would then be compared with the model’s forecast distribution at various time horizons. The above must be repeated for several historical dates covering a wide range of market conditions (e.g. rising rates, falling rates, quiet markets, volatile markets). Significant differences between the realized exposures and the model’s forecast distribution could indicate a problem with the model or the underlying data that the supervisor would require the bank to correct. Under such circumstances, supervisors may require additional capital. Unlike the backtesting requirement for VaR models prescribed in paragraph 718(Lxxiv) (b) and 718(xcviii), no particular statistical test is specified for backtesting of EPE models.
45. Under the internal model method, a measure that is more conservative than Effective EPE (e.g. a measure based on peak rather than average exposure) for every counterparty may be used in place of alpha times Effective EPE in equation (1) with the prior approval of the supervisor. The degree of relative conservatism will be assessed upon initial supervisory approval and subject to periodic validation.
46. Banks using an EPE model or a VaR model (as described in paragraphs 178 to 181of this Framework) must meet the above validation requirements.
F. Operational requirements for EPE models
47. In order to be eligible to adopt an internal model for estimating EPE arising from CCR for regulatory capital purposes, a bank must meet the following operational requirements. These include meeting the requirements related to the qualifying standards on CCR Management, a use test, stress testing, identification of wrong-way risk, and internal controls.
Qualifying standards on CCR Management
48. The bank must satisfy its supervisor that, in addition to meeting the operational requirements identified in paragraphs 49 to 69 below, it adheres to sound practices for CCR management, including those specified in paragraphs 777 (i) to 777 (xiv) of this Framework.
Use test
49. The distribution of exposures generated by the internal model used to calculate effective EPE must be closely integrated into the day-to-day CCR management process of the bank. For example, the bank could use the peak exposure from the distributions for counterparty credit limits or expected positive exposure for its internal allocation of capital. The internal model’s output must accordingly play an essential role in the credit approval, counterparty credit risk management, internal capital allocations, and corporate governance of banks that seek approval to apply such models for capital adequacy purposes. Models and estimates designed and implemented exclusively to qualify for the internal models method are not acceptable.
50. A bank must have a credible track record in the use of internal models that generate a distribution of exposures to CCR. Thus, the bank must demonstrate that it has been using an internal model to calculate the distributions of exposures upon which the EPE calculation is based that meets broadly the minimum requirements for at least one year prior to supervisory approval.
51. Banks employing the internal model method must have an independent control unit that is responsible for the design and implementation of the firm’s CCR management system, including the initial and on-going validation of the internal model. This unit must control input data integrity and produce and analyse reports on the output of the firm’s risk measurement model, including an evaluation of the relationship between measures of risk exposure and credit and trading limits. This unit must be independent from business credit and trading units; it must be adequately staffed; it must report directly to senior management of the firm.
The work of this unit should be closely integrated into the day-to-day credit risk management process of the firm. Its output should accordingly be an integral part of the process of planning, monitoring and controlling the firm’s credit and overall risk profile.
52. The internal model used to generate the distribution of exposures must be part of a counterparty risk management framework that includes the identification, measurement, management, approval and internal reporting of counterparty risk.243 This Framework must include the measurement of usage of credit lines (aggregating counterparty exposures with other credit exposures) and economic capital allocation. In addition to EPE (a measure of future exposure), a bank must measure and manage current exposures. Where appropriate, the bank must measure current exposure gross and net of collateral held. The use test is satisfied if a bank uses other counterparty risk measures, such as peak exposure or potential future exposure (PFE), based on the distribution of exposures generated by the same model to compute EPE.
53. A bank is not required to estimate or report EE daily, but to meet the use test it must have the systems capability to estimate EE daily, if necessary, unless it demonstrates to its supervisor that its exposures to CCR warrant some less frequent calculation. It must choose a time profile of forecasting horizons that adequately reflects the time structure of future cash flows and maturity of the contracts. For example, a bank may compute EE on a daily basis for the first ten days, once a week out to one month, once a month out to eighteen months, once a quarter out to five years and beyond five years in a manner that is consistent with the materiality and composition of the exposure.
54. Exposure must be measured out to the life of all contracts in the netting set (not just to the one year horizon), monitored and controlled. The bank must have procedures in place to identify and control the risks for counterparties where exposure rises beyond the one-year horizon. Moreover, the forecasted increase in exposure must be an input into the firm’s internal economic capital model.
Stress testing
55. A bank must have in place sound stress testing processes for use in the assessment of capital adequacy. These stress measures must be compared against the measure of EPE and considered by the bank as part of its internal capital adequacy assessment process. Stress testing must also involve identifying possible events or future changes in economic conditions that could have unfavorable effects on a firm’s credit exposures and assessment of the firm’s ability to withstand such changes. Examples of scenarios that could be used are; (i) economic or industry downturns, (ii) market-place events, or (iii) decreased liquidity conditions.
56. The bank must stress test its counterparty exposures including jointly stressing market and credit risk factors. Stress tests of counterparty risk must consider concentration risk (to a single counterparty or groups of counterparties), correlation risk across market and credit risk (for example, a counterparty for which a large market move would result in a large exposure, a material deterioration in credit quality, or both), and the risk that liquidating the counterparty’s positions could move the market. Such stress tests must also consider the impact on the firm’s own positions of such market moves and integrate that impact in its assessment of counterparty risk.
Wrong-way risk
57. Banks must be aware of exposures that give rise to a greater degree of general wrong-way risk.
58. A bank is said to be exposed to “specific wrong-way risk” if future exposure to a specific counterparty is expected to be high when the counterparty’s probability of default is also high. For example, a company writing put options on its own stock creates wrong-way exposures for the buyer that is specific to the counterparty. A bank must have procedures in place to identify, monitor and control cases of specific wrong way risk, beginning at the inception of a trade and continuing through the life of the trade.
Integrity of Modeling Process
59. Other operational requirements focus on the internal controls needed to ensure the integrity of model inputs; specifically, the requirements address the transaction data, historical market data, frequency of calculation, and valuation models used in measuring EPE.
60. The internal model must reflect transaction terms and specifications in a timely, complete, and conservative fashion. Such terms include, but are not limited to, contract notional amounts, maturity, reference assets, collateral thresholds, margining arrangements, netting arrangements, etc. The terms and specifications must reside in a secure database that is subject to formal and periodic audit. The process for recognizing netting arrangements must require signoff by legal staff to verify the legal enforceability of netting and be input into the database by an independent unit. The transmission of transaction terms and specifications data to the internal model must also be subject to internal audit and formal reconciliation processes must be in place between the internal model and source data systems to verify on an ongoing basis that transaction terms and specifications are being reflected in EPE correctly or at least conservatively.
61. The internal model must employ current market data to compute current exposures. When using historical data to estimate volatility and correlations, at least three years of historical data must be used and must be updated quarterly or more frequently if market conditions warrant. The data should cover a full range of economic conditions, such as a full business cycle. A unit independent from the business unit must validate the price supplied by the business unit. The data must be acquired independently of the lines of business, must be fed into the internal model in a timely and complete fashion, and maintained in a secure database subject to formal and periodic audit. Banks must also have a well-developed data integrity process to scrub the data of erroneous and/or anomalous observations. To the extent that the internal model relies on proxy market data, for example for new products where three years of historical data may not be available, internal policies must identify suitable proxies and the bank must demonstrate empirically that the proxy provides a conservative representation of the underlying risk under adverse market conditions. If the internal model includes the effect of collateral on changes in the market value of the netting set, the bank must have adequate historical data to model the volatility of the collateral
62. The EPE model (and modifications made to it) must be subject to an internal model validation process. The process must be clearly articulated in firms’ policies and procedures. The validation process must specify the kind of testing needed to ensure model integrity and identify conditions under which assumptions are violated and may result in an understatement of EPE. The validation process must include a review of the comprehensiveness of the EPE model, for example such as whether the EPE model covers all products that have a material contribution to counterparty risk exposures.
63. The use of an internal model to estimate EPE, and hence the exposure amount or EAD, of positions subject to a CCR capital charge will be conditional upon the explicit approval of the firm’s supervisory authority. Home and host country supervisory authorities of banks that carry out material trading activities in multiple jurisdictions will work co-operatively to ensure an efficient approval process.
64. In this Framework and in prior documents, the Committee has issued guidance regarding the use of internal models to estimate certain parameters of risk and determine minimum capital charges against those risks. Supervisors will require that banks seeking to make use of internal models to estimate EPE meet similar requirements regarding, for example, the integrity of the risk management system, the skills of staff that will rely on such measures in operational areas and in control functions, the accuracy of models, and the rigor of internal controls over relevant internal processes. As an example, banks seeking to make use of an internal model to estimate EPE must demonstrate that they meet the Committee’s general criteria for banks seeking to make use of internal models to assess market risk exposures, but in the context of assessing counterparty credit risk.244
65. Pillar 2 of this Framework provides general background and specific guidance to cover counterparty credit risks that may not be fully covered by the Pillar 1 process.
66. No particular form of model is required to qualify to make use of an internal model. Although this text describes an internal model as a simulation model, other forms of models, including analytic models, are acceptable subject to supervisory approval and review. Banks that seek recognition for the use of an internal model that is not based on simulations must demonstrate to their supervisors that the model meets all operational requirements.
67. For a bank that qualifies to net transactions, the bank must have internal procedures to verify that, prior to including a transaction in a netting set, the transaction is covered by a legally enforceable netting contract that meets the applicable requirements of paragraphs 96(I) to 96(v) of this Annex, this Framework text on credit risk mitigation techniques, or the Cross-Product Netting Rules set forth in this Annex.
68. For a bank that makes use of collateral to mitigate its CCR, the bank must have internal procedures to verify that, prior to recognizing the effect of collateral in its calculations, the collateral meets the appropriate legal certainty standards as set out in Part 2, Section II.D of this Framework.
VI. Standardized Method
69. Banks that do not have approval to apply the internal models method for the relevant OTC transactions may use the standardized method. The standardized method can be used only for OTC derivatives; SFTs are subject to the treatments set out under the Internal Model Method of this Annex or under the Part 2, Section II.D, of this Framework. The exposure amount (under the standardized approach for credit risk) or EAD is to be calculated separately for each netting set. It is determined as follows:
CMV = current market value of the portfolio of transactions within the netting set with a counterparty gross of collateral, i.e.CMV =∑CMV , where CMVi is the current market value of transaction i.
CMC = current market value of the collateral assigned to the netting set, i.e.
CMC =∑CMC, where CMCl is the current market value of `collateral l.
i = index designating transaction.
l = index designating collateral.
j = index designating supervisory hedging sets. These hedging sets correspond to risk factors for which risk positions of opposite sign can be offset to yield a net risk position on which the exposure measure is then based.
RPTij = Risk position from transaction i with respect to hedging set j245.
RPClj = Risk position from collateral l with respect to hedging set j.
CCFj = Supervisory credit conversion factor with respect to the hedging set j246.
ß = Supervisory scaling parameter.
Collateral received from a counterparty has a positive sign; collateral posted to a counterparty has a negative sign.
Collateral that is recognized for the standardized approach is confined to the collateral that is eligible under paragraphs 146 and 703 of this Framework for credit risk mitigation.
70. When an OTC derivative transaction with linear risk profile (e.g. a forward, a future or a swap agreement) stipulates the exchange of a financial instrument (e.g. a bond, an equity, or a commodity) for a payment, the payment part is referred to as the payment leg. Transactions that stipulate the exchange of payment against payment (e.g. an interest rate swap or a foreign exchange forward) consist of two payment legs. The payment legs consist of the contractually agreed gross payments, including the notional amount of the transaction. Banks may disregard the interest rate risk from payment legs with a remaining maturity of less than one year from the following calculations. Banks may treat transactions that consist of two payment legs that are denominated in the same currency (e.g. interest rate swaps) as a single aggregate transaction. The treatment for payment legs applies to the aggregate transaction.
71. Transactions with linear risk profiles that have equity (including equity indices), gold, other precious metals or other commodities as the underlying financial instruments are mapped to a risk position in the respective equity (or equity index) or commodity (including gold and the other precious metals) hedging set. The payment leg of these transactions is mapped to an interest rate risk position within the appropriate interest rate hedging set. If the payment leg is denominated in a foreign currency, the transaction is also mapped to a foreign exchange risk position in the respective currency.
72. Transactions with linear risk profiles that have a debt instrument (e.g. a bond or a loan) as the underlying instrument are mapped to an interest rate risk positions with one risk position for the debt instrument and another risk position for the payment leg. Transactions with linear risk profiles that stipulate the exchange of payment against payment (including foreign exchange forwards) are mapped to an interest rate risk position for each of the payment legs. If the underlying debt instrument is denominated in a foreign currency, the debt instrument is mapped to a foreign exchange risk position in the respective currency. If a payment leg is denominated in a foreign currency, the payment leg is also mapped to a foreign exchange risk position in this currency.247 The exposure amount or EAD assigned to a foreign exchange basis swap transactions is zero.
73. For all but debt instruments, the size of a risk position from a transaction with linear risk profile is the effective notional value (market price multiplied by quantity) of the underlying financial instruments (including commodities) converted to the firm’s domestic currency.
74. For debt instruments and the payment legs of all transactions, the size of the risk position is the effective notional value of the outstanding gross payments (including the notional amount) converted to the firm’s domestic currency, multiplied by the modified duration of the debt instrument or payment leg, respectively.
75. The size of a risk position from a credit default swap is the notional value of the reference debt instrument multiplied by the remaining maturity of the credit default swap.
76. The size of a risk position from an OTC derivative with non-linear risk profile (including options and swaptions) is equal to the delta equivalent effective notional value of the financial instrument that underlies the transaction, except in the case of an underlying debt instrument.
77. For OTC derivative with non-linear risk profiles (including options and swaptions), for which the underlying is a debt instrument or a payment leg, the size of the risk position is equal to the delta equivalent effective notional value of the financial instrument or payment leg multiplied by the modified duration of the debt instrument or payment leg.
78. Banks may use the following formulas to determine the size and sign of a risk position:
a. for all but debt instruments:
effective notional value, or delta equivalent notional value =
where
ρref price of the underlying instrument, expressed in the reference currency
v value of the financial instrument (in the case of an option: option price; in the case of a transaction with a linear risk profile: value of the underlying instrument itself)
p price of the underlying instrument, expressed in the same currency as v b. for debt instruments and the payment legs of all transactions:
effective notional value multiplied by the modified duration, or delta equivalent in notional value multiplied by the modified duration
where
v value of the financial instrument (in the case of an option: option price; in the case of a transaction with a linear risk profile: value of the underlying instrument itself or of the payment leg, respectively)
r interest level
If v is denominated in a currency other than the reference currency, the derivative must be converted into the reference currency by multiplication with the relevant exchange rate.
79. The risk positions are to be grouped into hedging sets. For each hedging set, the absolute value amount of the sum of the resulting risk positions is computed. This sum is termed the “net risk position” and is represented as in the formulas in paragraph 70 of this Annex.
80. Interest rate positions arising from debt instruments of low specific risk are to be mapped into one of six hedging sets for each represented currency. A debt instrument is classified as being of low specific risk when it is subject to a 1.6 percent or lower capital charge according to paragraphs 710 to 711(ii). Interest rate positions arising from the payment legs are to be assigned to the same hedging sets as interest rate risk positions from debt instruments of low specific risk. Interest rate positions arising from money deposits received from the counterparty as collateral are also to be assigned to the same hedging sets as interest rate risk positions from debt instruments of low specific risk. The six hedging sets per currency are defined by a combination of two criteria:
(i) The nature of the referenced interest rate — either a sovereign (government) rate or some other rate.
(ii) The remaining maturity or rate-adjustment frequency — less than one year, between one and five years, or longer than five years.
Table 1
Hedging Sets for Interest Rate Risk Positions Per Currency
Remaining maturity or rate-adjustment frequency Sovereign-referenced interest rates Non-sovereign referenced interest rates One year or less X X Over one year to five years X X Over five years X X 81. For underlying debt instruments (e.g. floating rate notes) or payment legs (e.g. floating rate legs of interest swaps) for which the interest rate is linked to a reference interest rate that represents a general market interest level (e.g. government bond yield, money market rate, swap rate), the rate-adjustment frequency is the length of the time interval up to the next re-adjustment of the reference interest rate. Otherwise, the remaining maturity is the remaining life of the underlying debt instrument, or, in the case of a payment leg, the remaining life of the transaction.
82. There is one hedging set for each issuer of a reference debt instrument that underlies a credit default swap.
83. There is one hedging set for each issuer of a debt instrument of high specific risk, i.e. debt instruments to which a capital charge of more than 1.60 percent applies under the standardized measurement method for interest rate risk in paragraph 710. The same applies to money deposits that are posted with a counterparty as collateral when that counterparty does not have debt obligations of low specific risk outstanding. When a payment leg emulates a debt instrument of high specific risk (e.g. in the case of a total return swap with one leg that emulates a bond), there is also one hedging set for each issuer of the reference debt instrument. Banks may assign risk positions that arise from debt instruments of a certain issuer or from reference debt instruments of the same issuer that are emulated by payment legs or that underlie a credit default swap to the same hedging set.
84. Underlying financial instruments other than debt instruments (equities, precious metals, commodities, other instruments), are assigned to the same respective hedging sets only if they are identical or similar instruments. The similarity of instruments is established as follows:
• For equities, similar instruments are those of the same issuer. An equity index is treated as a separate issuer.
• For precious metals, similar instruments are those of the same metal. A precious metal index is treated as a separate precious metal.
• For commodities, similar instruments are those of the same commodity. A commodity index is treated as a separate commodity.
• For electric power, delivery rights and obligations that refer to the same peak or off-peak load time interval within any 24-hour interval are similar instruments.
85. The credit conversion factor that is applied to a net risk position from a hedging set depends on the supervisory hedging set category as given in paragraphs 86 to 88 of this Annex.
86. The credit conversion factors for underlying financial instruments other than debt instruments and for foreign exchange rates are given in Table 2.
Table 2
Exchange Rates Gold Equity Precious Metals (except gold) Electric Power Other Commodities (excluding precious metals 2.5% 5.0% 7.0% 8.5% 4% 10.0% 87. The credit conversion factor for risk positions from debt instruments are as follows:
• 0.6 percent for risk positions from a debt instrument or reference debt instrument of high specific risk.
• 0.3 percent for risk position from a reference debt instrument that underlies a credit default swap and that is of low specific risk.
• 0.2 percent otherwise.
88. Underlying instruments of OTC derivatives that are not in any of the categories above are assigned to separate individual hedging sets for each category of underlying instrument. A credit conversion factor of 10 percent is applied to the notional equivalent amount.
89. There may be transactions with a non-linear risk profile for which the bank cannot determine the delta with a model that the supervisor has approved for the purposes for determining the minimum capital requirements for market risk (instrument models approved for the purposes of the standardized approach for market risk, or instrument models approved as part of the firm's admission to the internal modeling approach for market risk). In the case of payment legs and transactions with debt instruments as underlying, there may be transactions for which the bank cannot determine the modified duration with such a model. For these transactions, the supervisor will determine the size of the risk positions and the applicable credit conversion factors conservatively. Alternatively, supervisors may require the use of the current exposure method. Netting will not be recognized: in other words, the exposure amount or EAD is to be determined as if there were a netting set that comprises just the individual transaction.
90. The supervisory scaling parameter β (beta) is set at 1.4.
VII. Current Exposure Method
91. Banks that do not have approval to apply the internal models method may use the current exposure method as identified in paragraphs 186, 187 and 317 of this Framework. The current exposure method is to be applied to OTC derivatives only; SFTs are subject to the treatments set out under the Internal Model Method of this Annex or under the Part 2, Section II.D, of this Framework.
92. (Deleted)
92(i) Under the Current Exposure Method, banks must calculate the current replacement cost by marking contracts to market, thus capturing the current exposure without any need for estimation, and then adding a factor (the "addon") to reflect the potential future exposure over the remaining life of the contract. It has been agreed that, in order to calculate the credit equivalent amount of these instruments under this current exposure method, a bank would sum:
• The total replacement cost (obtained by "marking to market") of all its contracts with positive value; and
• An amount for potential future credit exposure calculated on the basis of the total notional principal amount of its book, split by residual maturity as follows:
Interest Rates FX and Gold Equities Precious Metals except Gold Other Commodities One year or less 0.0% 1.0% 6.0% 7.0% 10.0% Over one year to five years 0.5% 5.0% 8.0% 7.0% 12.0% Over five years 1.5% 7.5% 10.0% 8.0% 15.0% Notes:
1. For contracts with multiple exchanges of principal, the factors are to be multiplied by the number of remaining payments in the contract.
2. For contracts that are structured to settle outstanding exposure following specified payment dates and where the terms are reset such that the market value of the contract is zero on these specified dates, the residual maturity would be set equal to the time until the next reset date. In the case of interest rate contracts with remaining maturities of more than one year that meet the above criteria, the add-on factor is subject to a floor of 0.5%.
3. Forwards, swaps, purchased options and similar derivative contracts not covered by any of the columns of this matrix are to be treated as "other commodities".
4. No potential future credit exposure would be calculated for single currency floating/floating interest rate swaps; the credit exposure on these contracts would be evaluated solely on the basis of their mark-to-market value.
92(ii). Supervisors will take care to ensure that the add-ons are based on effective rather than apparent notional amounts. In the event that the stated notional amount is leveraged or enhanced by the structure of the transaction, banks must use the effective notional amount when determining potential future exposure.
93. Banks can obtain capital relief for collateral as defined in paragraphs 146 and 703 of this Framework. The methodology for the recognition of eligible collateral follows that of the applicable approach for credit risk.
94. The counterparty credit risk exposure amount or EAD for single name credit derivative transactions in the trading book will be calculated using the potential future exposure add-on factors set out in paragraph 707 of this Framework.
95. To determine capital requirements for hedged banking book exposures, the treatment for credit derivatives in this Framework applies to qualifying credit derivative instruments.
96. Where a credit derivative is an nth-to-default transaction (such as a first- to-default transaction), the treatment specified in paragraph 708 of this Framework applies.
Bilateral netting
96(i). Careful consideration has been given to the issue of bilateral netting, i.e. weighting the net rather than the gross claims with the same counterparties arising out of the full range of forwards, swaps, options and similar derivative contracts.248 The Committee is concerned that if a liquidator of a failed counterparty has (or may have) the right to unbundle netted contracts, demanding performance on those contracts favorable to the failed counterparty and defaulting on unfavorable contracts, there is no reduction in counterparty risk. 96(ii). Accordingly, it has been agreed for capital adequacy purposes that:
(a) Banks may net transactions subject to novation under which any obligation between a bank and its counterparty to deliver a given currency on a given value date is automatically amalgamated with all other obligations for the same currency and value date, legally substituting one single amount for the previous gross obligations.
(b) Banks may also net transactions subject to any legally valid form of bilateral netting not covered in (a), including other forms of novation.
(c) In both cases (a) and (b), a bank will need to satisfy SAMA that it has:249
(i) A netting contract or agreement with the counterparty which creates a single legal obligation, covering all included transactions, such that the bank would have either a claim to receive or obligation to pay only the net sum of the positive and negative mark-to-market values of included individual transactions in the event a counterparty fails to perform due to any of the following: default, bankruptcy, liquidation or similar circumstances;
(ii) Written and reasoned legal opinions that, in the event of a legal challenge, the relevant courts and administrative authorities would find the bank's exposure to be such a net amount under:
• The law of the jurisdiction in which the counterparty is chartered and, if the foreign branch of a counterparty is involved, then also under the law of the jurisdiction in which the branch is located;
• The law that governs the individual transactions; and
• The law that governs any contract or agreement necessary to effect the netting.
SAMA, after consultation when necessary with other relevant supervisors, must be satisfied that the netting is enforceable under the laws of each of the relevant jurisdictions;250
(iii) Procedures in place to ensure that the legal characteristics of netting arrangements are kept under review in the light of possible changes in relevant law.
96(iii). Contracts containing walkaway clauses will not be eligible for netting for the purpose of calculating capital requirements pursuant to this Framework. A walkaway clause is a provision which permits a non-defaulting counterparty to make only limited payments, or no payment at all, to the estate of a defaulter, even if the defaulter is a net creditor.
96(iv). Credit exposure on bilaterally netted forward transactions will be calculated as the sum of the net mark-to-market replacement cost, if positive, plus an add-on based on the notional underlying principal. The add-on for netted transactions (ANet) will equal the weighted average of the gross addon (AGross)251 and the gross add-on adjusted by the ratio of net current replacement cost to gross current replacement cost (NGR). This is expressed through the following formula:
ANet=0.4*AGross+0.6*NGR*AGross
where:
NGR=level of net replacement cost/level of gross replacement cost for transactions subject to legally enforceable netting agreements252
96(v). The scale of the gross add-ons to apply in this formula will be the same as those for non-netted transactions as set out in paragraphs 91 to 96 of this Annex. The Committee will continue to review the scale of add-ons to make sure they are appropriate. For purposes of calculating potential future credit exposure to a netting counterparty for forward foreign exchange contracts and other similar contracts in which notional principal is equivalent to cash flows, notional principal is defined as the net receipts falling due on each value date in each currency. The reason for this is that offsetting contracts in the same currency maturing on the same date will have lower potential future exposure as well as lower current exposure.
Risk weighting
96(vi). Once the bank has calculated the credit equivalent amounts they are to be weighted according to the category of counterparty in the same way as in the main framework, including concessionary weighting in respect of exposures backed by eligible guarantees and collateral. The Committee will keep a close eye on the credit quality of participants in these markets and reserves the right to raise the weights if average credit quality deteriorates or if loss experience increases.
* This Annex # 5 is the same of Basel II of June 2006.
237 In the present document, the terms “exposure at default” and “exposure amount” are used together in order to identify measures of exposure under both an IRB and a standardized approach for credit risk.
238 Transactions for which the probability of default is defined on a pooled basis are not included in this treatment of CCR.
239 These Cross-Product Netting Rules apply specifically to netting across SFTs, or to netting across both SFTs and OTC derivatives, for purposes of regulatory capital computation under IMM. They do not revise or replace the rules that apply to recognition of netting within the OTC derivatives, repo-style transaction, and margin lending transaction product categories under the 1988 Accord, as amended, or in this Framework. The rules in the 1988 Accord and this Framework continue to apply for purposes of regulatory capital recognition of netting within product categories under IMM or other relevant methodology.
240 In theory, the expectations should be taken with respect to the actual probability distribution of future exposure and not the risk-neutral one. Supervisors recognize that practical considerations may make it more feasible to use the risk-neutral one. As a result, supervisors will not mandate which kind of forecasting distribution to employ.
241 Conceptually, M equals the effective credit duration of the counterparty exposure. A bank that uses an internal model to calculate a one-sided credit valuation adjustment (CVA) can use the effective credit duration estimated by such a model in place of the above formula with prior approval of its supervisor.
242 In other words, the add-on equals EE at the end of the margin period of risk assuming current exposure of zero. Since no roll-off of transactions would be occurring as part of this EE calculation, there would be no difference between EE and Effective EE.
243 This section draws heavily on the Counterparty Risk Management Policy Group’s paper, Improving Counterparty Risk Management Practices (June 1999); a copy can be found online at mfainfo.org/Washington/derivatives/Improving%20Counterparty%20risk.pdf.
244 See Part 2, Section VI D 1 (paragraphs 718 (LXX) to 718 (LXXIII).
245 E.g. a short-term FX forward with one leg denominated in the firm’s domestic currency will be mapped into three risk positions: 1. an FX risk position, 2. a foreign currency interest rate risk position, 3. a domestic currency risk position.
246 Calibration has been made assuming at the money forwards or swaps and given a forecasting horizon of one year.
247 E.g. a short-term FX forward with one leg denominated in the firm’s domestic currency will be mapped into three risk positions: 1. an FX risk position, 2. a foreign currency interest rate risk position, 3. a domestic currency risk position.
248 Payments netting, which is designed to reduce the operational costs of daily settlements, will not be recognized in the capital framework since the counterparty's gross obligations are not in any way affected.
249 In cases where an agreement as described in 96(ii) (a) has been recognized prior to July 1994, the supervisor will determine whether any additional steps are necessary to satisfy itself that the agreement meets the requirements set out below.
250 Thus, if any of these supervisors is dissatisfied about enforceability under its laws, the netting contract or agreement will not meet this condition and neither counterparty could obtain supervisory benefit.
251 AGross equals the sum of individual add-on amounts (calculated by multiplying the notional principal amount by the appropriate add-on factors set out in paragraph 92(i) of this Annex) of all transactions subject to legally enforceable netting agreements with one counterparty.
252 SAMA may permit a choice of calculating the NGR on a counterparty by counterparty or on an aggregate basis for all transactions subject to legally enforceable netting agreements. If supervisors permit a choice of methods, the method chosen by an institution is to be used consistently. Under the aggregate approach, net negative current exposures to individual counterparties cannot be used to offset net positive current exposures to others, i.e. for each counterparty the net current exposure used in calculating the NGR is the maximum of the net replacement cost or zero. Note that under the aggregate approach, the NGR is to be applied individually to each legally enforceable netting agreement so that the credit equivalent amount will be assigned to the appropriate counterparty risk weight category.Annex # 6: The 15% of Common Equity Limit on Specified Items
1. This Annex is meant to clarify the calculation of the 15% limit on significant investments in the common shares of unconsolidated financial institutions (banks, insurance and other financial entities); mortgage servicing rights, and deferred tax assets arising from temporary differences (collectively referred to as specified items).
2. The recognition of these specified items will be limited to 15% of Common Equity Tier 1 (CET1) capital, after the application of all deductions. To determine the maximum amount of the specified items that can be recognized*, banks and supervisors should multiply the amount of CET1** (after all deductions, including after the deduction of the specified items in full) by 17.65%. This number is derived from the proportion of 15% to 85% (ie 15%/85% = 17.65%).
3. As an example, take a bank with €85 of common equity (calculated net of all deductions, including after the deduction of the specified items in full).
4. The maximum amount of specified items that can be recognized by this bank in its calculation of CET1 capital is €85 x 17.65% = €15. Any excess above €15 must be deducted from CET1. If the bank has specified items (excluding amounts deducted after applying the individual 10% limits) that in aggregate sum up to the 15% limit, CET1 after inclusion of the specified items, will amount to €85 + €15 = €100. The percentage of specified items to total CET1 would equal 15%.
* The actual amount that will be recognized may be lower than this maximum, either because the sum of the three specified items are below the 15% limit set out in this annex, or due to the application of the 10% limit applied to each item.
** At this point this is a "hypothetical" amount of CET1 in that it is used only for the purposes of determining the deduction of the specified items.Annex # 7: Minority Interest Illustrative Example
This Annex illustrates the treatment of minority interest and other capital issued out of subsidiaries to third parties, which is set out in paragraphs 62 to 64.
Illustrative example
A banking group consists of two legal entities that are both banks. Bank P is the parent and Bank S is the subsidiary and their unconsolidated balance sheets are set out below.
Bank P balance sheet Bank S balance sheet Assets Assets Loans to customers 100 Loans to customers 150 Investment in CET1 of Bank S 7 Investment in the AT1 of Bank S 4 Investment in the T2 of Bank S 2 Liabilities and equity Liabilities and equity Depositors 70 Depositors 127 Tier 2 10 Tier 2 8 Additional Tier 1 7 Additional Tier 1 5 Common equity 26 Common equity 10 The balance sheet of Bank P shows that in addition to its loans to customers, it owns 70% of the common shares of Bank S, 80% of the Additional Tier 1 of Bank S and 25% of the Tier 2 capital of Bank S. The ownership of the capital of Bank S is therefore as follows:
Capital issued by Bank S Amount issued to parent (Bank P) Amount issued to third parties Total Common Equity Tier 1 (CET1) 7 3 10 Additional Tier 1 (AT1) 4 1 5 Tier 1 (T1) 11 4 15 Tier 2 (T2) 2 6 8 Total capital (TC) 13 10 23 The consolidated balance sheet of the banking group is set out below:
Consolidated balance sheet Assets Loans to customers 250 Liabilities and equity Depositors 197 Tier 2 issued by subsidiary to third parties 6 Tier 2 issued by parent 10 Additional Tier 1 issued by subsidiary to third parties 1 Additional Tier 1 issued by parent 7 Common equity issued by subsidiary to third parties (ie minority interest) 3 Common equity issued by parent 26 For illustrative purposes Bank S is assumed to have risk weighted assets of 100. In this example, the minimum capital requirements of Bank S and the subsidiary’s contribution to the consolidated requirements are the same since Bank S does not have any loans to Bank P. This means that it is subject to the following minimum plus capital conservation buffer requirements and has the following surplus capital:
Minimum and surplus capital of Bank S Minimum plus capital conservation buffer Surplus CET1 7.0
(= 7.0% of 100)3.0
(=10 – 7.0)T1 8.5
(= 8.5% of 100)6.5
(=10 + 5 – 8.5)TC 10.5
(= 10.5% of 100)12.5
(=10 + 5 + 8 – 10.5)The following table illustrates how to calculate the amount of capital issued by Bank S to include in consolidated capital, following the calculation procedure set out in paragraphs 62 to 65:
Bank S: amount of capital issued to third parties included in consolidated capital Total amount issued Amount issued t third parties Surplus Surplus attributable to third parties (ie amount excluded from Consolidated capital) Amount included in consolidated capital (a) (b) (c) (d) =(c) * (b)/(a) (e) = (b) – (d) CET1 10 3 3.0 0.90 2.10 T1 15 4 6.5 1.73 2.27 TC 23 10 12.5 5.43 4.57 The following table summarizes the components of capital for the consolidated group based on the amounts calculated in the table above. Additional Tier 1 is calculated as the difference between Common Equity Tier 1 and Tier 1 and Tier 2 is the difference between Total Capital and Tier 1.
Total amount issued by parent (all of which is to be included in consolidated capital) Amount issued by subsidiaries to third parties to be included in consolidated capital Total amount issued by parent and subsidiary to be included in consolidated capital CET1 26 2.10 28.10 AT1 7 0.17 7.17 T1 33 2.27 35.27 T2 10 2.30 12.30 TC 43 4.57 45.57 Annex # 8: List of BCBS Documents for References in the Implementation of Basel III
Implementation of Basel III requires the aggregation of RWA under Basel II, Basel II.5 and Basel III.
A. Basel III
1. Basel III: A Global Regulatory Framework for More Resilient Banks and Banking System – December 2010 (revised June 2011) issued through SAMA Circular # BCS 27885 dated 12 November 2011.
2. Leverage Ratio (Basel III) issued through SAMA Circular # BCS 5610 dated 13 February 2011
3. Liquidity Ratios (Basel III) issued through SAMA Circular # BCS 28266 dated 19 November 2011
4. Pillar 3 for Basel III: SAMA Circular covering disclosure requirements and Guidance notes to be issued shortly.
5. Capital requirements for Bank's exposures to Central Counterparties of July 2012 issued through SAMA Circular # BCS 25092 dated 21/11/1433 (Hijri)
6. Final Elements of the Reforms to Raise the Quality of Regulatory Capital – Loss Absorbency at the Point of Non- Viability issued through SAMA Circular # BCS 5611 dated 13 February 2011.
B. Basel II.5
7. Basel II.5: SAMA Circular # BCS 25478 dated 21 October covering Pillar 1, Pillar 2 and Pillar 3 components.
C. Basel II
8. International Convergence of Capital Measurement and Capital Standards of June 20041 issued through the following SAMA Circulars.
Standardized Approach
• Pillar 1 Draft Guidelines issued through SAMA Circular dated 6 June 2006
• Basel II Prudential Returns Consultative Draft # 2 issued through SAMA Circular # BCS 180 dated 22 March 2007
• Capital Adequacy Requirements for Market Risk issued through SAMA Circular # BCS 355 dated 29 December 2004.
• Pillar 2 Document issued through SAMA Circular # BCS 581 dated 22 September 2008
• Pillar 3 Document issued through SAMA Circular # BCS 378 dated 24 May 2007
1 Update to BCBS Document of June 2006 through Basel II.5 SAMA Circular # BCS 25478 dated 21 October covering Pillar 1, Pillar 2 and Pillar 3 components.
Annex # 9: National Discretions Basel III – Basel Committee Members Excluding EU
Para's Description of items 52 Consider appropriate audit, verification or review procedures Yes 61 Apply a limit lower than 0.6% to excess provisions No 78-89 FAQ14 consolidation alternative to deduction No 80 FN 27 Permit banks to use a conservative estimate instead of look- through Yes 80 Permit banks to exclude investments made in the context of resolution Yes 84 FN 31 Permit banks to use a conservative estimate instead of look- through Yes 84 Permit banks to exclude investments made in the context of resolution Yes 99 Apply para 104 instead of 98 non-IMM CVA charge No* 121 Allow banks to use unsolicited ratings No 132 (c) Apply at solo level Yes 132 (d) Impose time limits on draw down of buffers Yes 133 Impose shorter transitional periods No 142 FN 50 Apply at solo level Yes PON Press release 1 (a) Apply Statutory approach No *Amended to Yes as per SAMA circular No. (361000021954), dated 11/2/1436 H.
Risk Weight for Asian Infrastructure Investment Bank (AIIB)
This section is currently available only in Arabic, please click here to read the Arabic version.Implications of Fintech Developments for Banks and Bank Supervisors- BCBS
This section is currently available only in Arabic, please click here to read the Arabic version.Requests for SAMA's NOC to offering banking products
This section is currently available only in Arabic, please click here to read the Arabic version.Step-in Risk- BCBS
This section is currently available only in Arabic, please click here to read the Arabic version.Schedule of Charges for SPAN Payment
This circular is currently available only in Arabic, please click here to read the Arabic version.FAQs
Frequently Asked Questions on SAMA's Pillar 3 Disclosure Requirements Framework
For Frequently Asked Questions on SAMA's Pillar 3 Disclosure Requirements Framework, click here.
Basel III Definition of Capital, Frequently Asked Questions
The Basel Committee on Banking Supervision has published responses to the fourth set of frequently asked questions regarding the definition of Basel III capital in September 2017, which updates what was previously published in July 2011, October 2011, and December 2011.
The Committee aims to enhance consistency among countries in applying Basel III guidelines by providing clarifications and interpretive guidance. Therefore, we emphasize the importance of reviewing these materials through the website of the Bank for International Settlements.
Frequently Asked Questions on Benchmark Reform- BCBS
This circular is currently available only in Arabic, please click here to read the Arabic version.SAMA's Comments Concerning Amended LCR - FAQs
IRRBB Frequently Asked Questions and Answers Including National Discretions
Basel III - The Net Stable Funding Ratio (NSFR) Frequently Asked Questions
The Basel Committee has received a number of interpretation questions related to the October 2014 publication of the NSFR standard. In order to promote consistent global implementation of these requirements, the Basel Committee periodically reviews frequently asked questions and publishes answers along with any necessary technical elaboration of the rules text and interpretative guidance, if needed. The recently issued document deals with these Frequently Asked Questions (FAQs) and answers on Basel Ill's Net Stable Funding Ratio (NSFR).
Basel III Counterparty Credit Risk - Frequently Asked Questions- BCBS
FAQs related to Basel III definition of capital have been consolidated in the Basel III definition of capital- Frequently asked questions.As you are aware, Saudi Central Bank has issued the following main documents relating to Basel III Reforms.
- Basel III: A Global Regulatory Framework for More Resilient Banks and Banking System under Circular# BCS 1278 of 21 December 2010.
- Basel III: A Global Regulatory Framework for More Resilient Banks and Banking System December 2010 (Revised June 2011) issued under Saudi Central Bank Circular# BCS 27885 of 12 November 2011.
The attached is a recent BCBS document (July 2012)* entitled "Basel III Counterparty Credit Risk - Frequently Asked Questions", and represents an update to "Frequently Asked Questions" relating to Basel III counterparty credit risk of November 2011 which was circulated by Saudi Central Bank on 24 of November 2011. The above referred documents relate to Counterparty Credit risk rules under the Definition of Capital component of Basel III reforms. Consequently, these Frequently Asked Questions should be read in conjunction with Saudi Central Bank Circulars# BCS 1278 and BCS 27885.
* This document has been superseded and replaced by Basel III counterparty credit risk - Frequently asked questions (21 November 2012)
Frequently Asked Questions (FAQs) on Market Risk Capital Requirements
This document is superseded by the BCBS.In January 2016, the Basel Committee on Banking Supervision published the standard "Minimum Capital Requirements for Market Risk". The new standard sets out revised minimum capital requirements for Market Risk and replaces the existing minimum capital requirements for market risk in the global regulatory framework applicable in Saudi Arabia from 1 January 2019.
Since publication, the Committee has received a number of questions on the published standards text and has agreed to periodically review Frequently Asked Questions (FAQs) and publish answers along with any technical elaboration of the standards text and interpretative guidance that may be necessary to promote consistent global implementation of the standard. This document sets out the first set of responses to questions that have been received.
The Banks should access the BCBS document from BIS website www.bis.org. Frequently Asked Questions on Basel III Leverage Ratio- BCBS
In January 2014, the Basel Committee on Banking Supervision published the Basel III leverage ratio framework* and disclosure requirements together with the public disclosure requirements applicable as of 1 January 2015. To promote consistent global implementation of those requirements, the Committee has agreed to periodically review frequently asked questions (FAQs) and publish answers along with any technical elaboration of the standards text and interpretative guidance that may be necessary.
This document sets out the third set of FAQs that relate to the Basel III leverage ratio framework. The questions and answers, combined with those published earlier in the first and second sets of FAQs, are grouped according to the following themes:
(i) on-balance sheet exposures;
(ii) derivative exposures;
(iii) specific treatment for written credit derivatives;
(iv) securities financing transaction (SFT) exposures;
(v) cross-product netting agreements for derivative exposures and SFTs;
(vi) treatment of long settlement transactions and failed trades;
(vii) off-balance sheet items; and
(viii) scope of consolidation and disclosure.
*The Leverage Ratio Framework, issued by SAMA circular No. (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G, supersedes the Basel III Leverage Ratio Framework issued via SAMA circular No. (351000133367), dated 25 August 2014.
Frequently Asked Questions Concerning SAMA's Various Guidance Document Regarding Basel III
1. Basel Committee on Banking Supervision (BCBS) Document regarding Liquidity Coverage Ratio Disclosure Standards
We refer to SAMA's circular # 351000133366 dated 25 August 2014 with regard to the Prudential Return Guidance document concerning the captioned BCBS document of 25 August 2014.
The Agency response to the issues banks have raised is described in the attached. (Annex 1)
2. SAMA detailed guidance document relating to Pillar 1, June 2006 - A Haircut to Collateral issued through circular #290 dated 12 June 2006
We refer to paragraph 6.6 "Other Items Related to CRM Techniques" of the captioned SAMA's guidance document with regard to haircut on collaterals where "KSA government bonds and bonds of public sector entities (PSE's) eligible for sovereign treatment in local currency had been set by SAMA at 0% haircut".
SAMA wishes to amend the above in order to bring supervisory haircut into line with BCBS requirement of para 151 as given in the Annex 2.
3. SAMA Circular # 361000005773 dated 4 November 2014 regarding National Discretions concerning SAMA's Implementation of Capital Reforms under Basel III Framework
We refer to the captioned circular where SAMA has provided its National Discretion concerning the implementation of Basel III. In this regard with reference to para 99 of BCBS document as given below should read as "Yes" and not as originally submitted as "No". (Refer to Annex# 3)
Para Areas of national discretion KSA 99 Apply para 104 instead of 98 non-IMM CVA charge Yes 4. SAMA’s Final document concerning Basel III IRB Approaches for Credit Risk issued through circular# 351000121270 dated 17 July 2014
The Agency with regard to its captioned guidance document wishes to amend para 106 to read .... "that Netting is permitted in KSA for capital purposes" and not as previously documented as "Netting is not permitted in KSA". (Annex 4)
5. What is meant by PON "Press release 1 (a) Apply Statutory approach" in the last row of the Annexes (refer to Annex 5)
Response
The captioned "PON" is an abbreviation of "Point of Non-viability" in the context of the BCBS press release of 13 January 2011 entitled "Basel Committee issue final elements of the reforms to raise the quality of regulatory capital".
This Press Release covers minimum requirements to ensure loss absorbency at the point of non-viability as described in Annex 4 where 1a refer to applying the statutory approach.
Frequently Asked Questions on Market Risk Capital Requirements- BCBS (2018)
Referring to SAMA Circular No. 381000055026 dated 22/5/1438 H regarding the Basel Committee on Banking Supervision's responses to the first set of frequently asked questions concerning market risk capital requirements in January 2017.
SAMA would like to inform you that the Basel Committee on Banking Supervision has issued responses to the second set of frequently asked questions regarding market risk capital requirements in March 2018. The committee aims to enhance consistency among countries in implementing these requirements by providing clarifications and interpretive guidance. SAMA emphasizes the importance of reviewing these materials on the Bank for International Settlements' website.
The Liquidity Coverage Ratio Framework, Frequently Asked Questions
The Basel Committee on Banking Supervision has issued responses to the second set of frequently asked questions regarding the Liquidity Coverage Ratio (LCR) within Basel III guidelines, published in June 2017, updating what was previously presented in April 2014.
The aim is to enhance consistency among countries in applying Basel III guidelines by providing clarifications and interpretive guidance. SAMA emphasizes the importance of reviewing these materials on the Bank for International Settlements website.
FAQs on the Net Stable Funding Ratio (NSFR)
Referring to the Net Stable Funding Ratio (NSFR) standard issued by the Basel Committee on Banking Supervision in October 2014, which has been implemented in the Kingdom of Saudi Arabia since January 2016. The aim of its implementation is to enhance liquidity risk management in banks by maintaining more stable funding sources to align asset maturity both on and off the balance sheet.
Due to many inquiries regarding this standard, the Basel Committee on Banking Supervision has decided to conduct periodic reviews of frequently asked questions (FAQs) and publish them along with their answers, as well as any technical details or clarifications to enhance consistency at the international level in the application of this standard. The Basel Committee published FAQs on the Net Stable Funding Ratio (NSFR) on February 24, 2017. Therefore, SAMA emphasizes the importance of reviewing them on the Bank for International Settlements website.
Rules for Remote Opening of Bank Accounts for Foreign Companies
Referring to Rule No. (100) containing General Instructions for Opening Bank Accounts as stipulated in the Account Opening Rules, issued by SAMA Circular No. (65681/67) dated 01/11/1440 H and based on SAMA's commitment to facilitate banking transactions for various customers and contributing to supporting the commencement of business activities for foreign investors.
We inform you that it has been decided to introduce a new clause within the aforementioned rule, which allows for Remote Opening of Bank Accounts for Foreign Companies According to Foreign Investment Law, based on specific regulations according to the attached wording.
Rules for Remote Opening of Bank Accounts for Foreign Companies According to Foreign Investment Law Paragraph number (6) of chapter (three) of the Account Opening Rules.
6. Rules for Remote Opening of Bank Accounts for Foreign Companies According to Foreign Investment Law:
1. Verifying the identity of the company by using documents, data or information acquired from a reliable and independent source as follows: The commercial register and the license obtained from the Ministry of Investment (MISA), the name and legal form of the company, the powers that regulate and govern its work, the capital, the owners and the ownership percentage of each one, and the members of the board of directors/executives.
2. The service shall only be provided to the general director of the company whose name and powers are stated in the company’s memorandum of association, including the opening and managing of bank accounts. Additionally, the identity of the general director shall be verified by using documents, data or information acquired from a reliable and independent source.
3. As an exception to Chapter 4 requirements concerning the operation of bank accounts, the authorized general director may operate the account with the passport, provided that the Iqama is presented after (90) days from the account opening date.
4. Risks associated with such accounts shall be assessed, policies and procedures for mitigating the associated risks shall be established and reviewed periodically, and preventive risk mitigation measures commensurate with the assessment results shall be developed and implemented.
Urging Adherence to the Preventive and Precautionary Measures
Remuneration for Chairs of Boards of Directors of Local Banks
Referring to SAMA Circular No. 381000063670 dated 14/6/1438 H regarding the remuneration of the chairs and members of boards of directors of local banks.
We would like to inform you that the remuneration of the chairs of the bank, as referenced in Article 81 of the Companies Law issued by Royal Decree No. (M/3) dated 28/1/1437 H*, is not covered by the provisions of the aforementioned circular.
* The Companies Law issued by Royal Decree No. (M/132) dated 01/12/1443 H replaced the Companies Law issued by Royal Decree No. (M/3) dated 28/01/1437 H.
Unified Instructions for Funds Exempt from Seizure Under Court Orders
Refer to circular No.(43043372), dated 15/05/1443H, Corresponding 19/12/2021G to read the consolidated requirements.Removal of the Visual Identity of the Kingdom's G20 Presidency
Ensure Adherence to Preventive Protocols in all Workplaces
National Discretions Concerning SAMA’s Implementation of Capital Reforms Under Basel III Framework
No: 361000005773 Date(g): 3/11/2014 | Date(h): 11/1/1436 Status: In-Force The Saudi Central Bank refer to its circular # 341000015689 dated 19 December 2012 concerning its Final Guidance Document regarding Implementation of Capital reforms under Basel III Framework.
In this respect, the Basel III capital framework permits national discretions to be exercised in a number of areas for the standards to be implemented in a manner that takes into consideration local market considerations within certain parameters that ensure adherence to overall BCBS objectives.
Accordingly, the Saudi Central Bank has exercised National Discretions in many areas (see attached) which Saudi banks must take into consideration in their implementation of Basel III.
Basel III National Discretions
Para Areas of national discretion KSA 52 Consider appropriate audit, verification or review procedures Yes 61 Apply a limit lower than 0.6% to excess provisions No 78-79 FAQ 14 consolidation alternative to deduction No 80 FN 27 Permit banks to use a conservative estimate instead of look-through Yes 80 Permit banks to exclude investments made in the context of resolution Yes 84 FN 31 Permit banks to use a conservative estimate instead of look-through Yes 84 Permit banks to exclude investments made in the context of resolution Yes 99 Apply para 104 instead of 98 non-IMM CVA charge No* 121 Allow banks to use unsolicited ratings No 132 (c) Apply at solo level Yes 132 (d) Impose time limits on draw down of buffers Yes 133 Impose shorter transitional periods No 142 FN 50 Apply at solo level Yes PON Press release 1 (a) Apply Statutory approach No *Amended to Yes as per SAMA circular No. (361000021954), dated 11/2/1436 H.
Emphasis on Adherence to SAMA’s Instructions Related to Advertising and Marketing
Referring to SAMA's instructions regarding advertising and marketing, which stipulate that promotional advertisements for services and products must be clear and free from phrases that could directly or indirectly mislead customers.
Due to SAMA's observation of promotional advertisements from some financial institutions under its supervision that do not align with its advertising and marketing guidelines, SAMA emphasizes all financial institutions' necessity to adhere to these guidelines. All promotional advertisements should be reviewed to ensure their compliance. It should be noted that SAMA will take regulatory measures against those who violate these guidelines.
Extending the Working Hours of Remittance Centers Affiliated with Banks
Based on the powers vested to SAMA under Its law issued by Royal Decree No. (23) dated 23/5/1377H and the Banking Control Law issued by Royal Decree No. (M/5) dated 22/2/1386H, and further to the instructions of SAMA communicated pursuant to Circular No. 2304/41 dated 09/09/1439H regarding the operating hours for bank-related remittance centers and Circular No. 49029/67 dated 5/8/5 H regarding extending the exemption for bank-related remittance centers to operate on Fridays, allowing 10% of the branches to be open.
I inform you that, as an exception to the instructions mentioned above, it has been decided to extend the operating hours of remittance centers to reduce customer crowding under the current circumstances. All remittance centers are allowed to operate throughout the week, including Friday and Saturday, starting from 7:00 AM until 5:30 PM, according to the discretion of each bank, provided that the branches' operating hours do not fall below the times specified in SAMA's instructions mentioned above, while ensuring compliance with the following regulations:
- Adhering to the necessary precautionary measures set by the Ministry of Health regarding employees who attend workplaces, in accordance with the preventive guideline specific to the Coronavirus (COVID-19) within workplaces issued by the Ministry of Health.
- Setting a maximum number of customers being served at one time, while ensuring adequate space for social distancing between branch employees at remittance centers and customers.
- The regular sanitization of branch centers, ATMs, and self-service machines while adhering to the highest safety standards to ensure the safety of remittance centers and all related devices.
- Providing sorting points at the entrances of branch remittance centers to measure the temperature of employees and customers, and supplying the necessary sanitizers and masks, along with equipping these branches with all necessary preventive measures.
- Continuing the work on developing electronic channels, particularly applications for smart devices, to enable customers to access all services related to electronic transfers, including adding beneficiaries.
- Continuing to intensify awareness campaigns aimed at urging customers to use electronic channels when conducting remittance through various methods and in different languages.
- The emphasis on providing display screens in front of remittance branch centers and sharing video clips on social media to educate customers and explain how to conduct remittance through electronic channels in various languages.
- Ensuring the continued intensification of security measures at branch remittance centers to organize waiting lines both inside and outside the branches, and maintaining social distancing between customers in accordance with the preventive and precautionary instructions issued in this regard.
- Continuing the expansion of activating mobile branches of remittance centers to serve companies at their locations with a minimum of 50 employees, while taking all security, preventive, and precautionary measures implemented at the center branches to provide all remittance services, except for the delivery of incoming remittances and cash payments.
Additionally, in order to reduce the use of traditional transfer channels and to take advantage of electronic channels for conducting transfers such as self-service kiosks, ATMs, and smartphone applications, SAMA emphasizes that banks should continue to implement the following measures:
- Exemption from electronic banking service fees, which includes exemption from remittance fees through electronic channels such as self-service kiosks, ATMs, and mobile applications.
- Applying a remittance fee for transactions outside the Kingdom through traditional channels (bank branches or remittancecenters) of 25 riyals as a minimum, while adhering to not exceeding the maximum fees specified in the banking tariff communicated in accordance with Circular No. 381000095093 dated 10/9/1438 H.
- Allowing the opening of accounts at remittance centers remotely, provided that the customer's identity is verified using documents, data, or information from a reliable and independent source.
For your information and action accordingly from its date until further notice, knowing that SAMA will monitor through its inspection tours the compliance of remittance centers with the aforementioned regulations, and will take all legal measures in case of non-compliance.
Extension of Business Days to Include Saturdays to Provide Subsidized Real Estate Finance Products-2019
Prohibiting Seizure of Agricultural Subsidies
Please refer to circular No. (43043372), dated 15/05/1443H, Corresponding To 19/12/2021G for the list of Amounts Excluded from Seizure.BCBS Consultative Document Entitled "Margin Requirements for Non-Centrally Cleared Derivatives"
Amendment of Rule No. (200-1-3) Under the Rules for Bank Accounts
This section is currently available only in Arabic, please click here to read the Arabic version.Extending Working Hours of Bank Branches Located in Pilgrims Gathering Areas Near the Two Holy Mosques
Extending the Exemption for Bank-Related Remittance Centers to Operate on Fridays
Referring to SAMA's instructions communicated through Circular No. 41/2304 dated 09/09/1439 H regarding the Operating Hours of Bank-Related Remittance Centers, which includes an extension of the exemption for some branches of remittance centers to operate on Fridays.
I would like to inform you that it has been decided to extend the exemption for some branches of remittance centers to operate on Fridays for an additional year, provided that it is in accordance with the approved working hours regulations. Requests for non-objection may be submitted to SAMA, including the names of the branches, their locations, and the required working hours, and that the request does not exceed 10% of the total number of branches of the bank’s remittance centers.
For your information and action accordingly as of 17/10/1440 H corresponding 20/06/2019 G.
Trade Respository Reporting & Risk Mitigation Requirements for OTC Derivatives Contracts-2019
These requirements have been updated in accordance with SAMA's circular No. (42056371), dated 10/08/1442, corresponding to 23/03/2023. To read the updated requirements, click here.Net Stable Funding Ratio Minimum Requirements and Disclosure Standards
We refer to SAMA's Circular # 361000036260 dated 29/12/2014 and Circular # 361000130698 dated 28 July 2015 regarding the Finalized Guidance Document, Prudential Returns concerning Net -Stable Funding Ratio (NSFR) and NSFR Disclosure template.
As per these circulars, the NSFR will move, to a minimum standard of 100% by 1 January 2018. Saudi banks have already been providing their quarterly NSFR ratios since January 2012 for monitoring purposes and quarterly prudential returns since 1 January 2015.
Based on the review of NSFR reported in the quarterly prudential returns, we have decided to change the date of minimum standard of 100% from 1 January 2018 to January 2016. Therefore, this ratio should be equal to at least 100% on an ongoing basis from 1 January 2016 using the quarterly prudential returns and disclosure template as specified in our circulars as mentioned above.
SAMA - Basel II Prudential Returns - 2007
Guidance Document Concerning Basel III: The Net Stable Funding Ratio (NSFR) - Based on BCBS Document of October 2014
Amendments in LCR Rules
In view of a recent review of SAMA LCR rules by the Basel Regulatory Consistency Assessment Program (RCAP) Team, there are few corrections, clarifications and amendments to SAMA LCR rules.
a. SAMA's General and Specific Guidance concerning amended LCR dated November 2014.
b. SAMA's circular # 351000133366 dated 25 August 2014 concerning BCBS Document regarding Liquidity Coverage Ratio Disclosure Standards
Amendment of Bank Account Requirements fo The Muslim World League and its Affiliated Councils and Organizations
SAMA's Finalized Guidance Document and Prudential Returns Concerning Net Stable Funding Ratio (NSFR) Based on BCBS Document of October 2014
Enhancement of SAMA Circulars Concerning Basel II, II.5 and III Capital Adequacy Framework
No: 351000123076 Date(g): 21/7/2014 | Date(h): 24/9/1435 Status: Modified Over the years SAMA has issued guidance to Saudi Banks arising from the Standards issued by the Basel Committee on Banking Supervision on the capital adequacy framework including those related to Basel II, II.5 and III. In this process SAMA has sometimes prepared its own documents and guidance notes extracted from the original Basel documents and also provided specific guidance in areas where national discretion was to be exercised. On other occasions SAMA issued its relevant Basel document without any change. As SAMA documents were issued at different stages in the development of the Basel Framework and also took into account the peculiar requirements of the Saudi Banking sector at the point in time, they may have sometimes varied slightly from the underlying Basel requirements.
In this respect, SAMA has now carried out a comprehensive self-review of its regulations against the relevant BCBS documentation and identified some areas where there are gaps and omissions, or further clarifications are required. The purpose of this circular is to identify the specific revisions and ensure that SAMA's documentation concerning Basel II, II.5 and III is fully in sync with the relevant BCBS requirements.
Many of the gaps identified relate to IRB Approaches for Credit risk, VAR models for Market risk, CRM for Advanced IRB approaches etc. These areas at the time of issuance of SAMA regulations and documentation were largely not relevant to Saudi Banks which were still implementing the Standardized approaches. However, going forward and given increasing sophistication of our banks to implement advanced IRB and market risk approaches, these will become relevant. Therefore, where appropriate, SAMA expects banks to implement these regulations effective 1st October 2014.
Over the years SAMA has issued the following circulars and related documents, and in this respect any gaps noted as a result of the aforementioned review are described in the attached Annexes. These identify both the description of the gaps and the documentation that is required to address these gaps. The Sections and Page numbers with regard to SAMA documents have been indicated and referenced.
SAMA Regulatory Documents Annexure No specific SAMA Document General Annexure - 1 SAMA Detailed Guidance Document Relating to Pillar 1, June 2006 Annexure 2 Prudential Returns Basel II, March 2007 Annexure 3 SAMA's Basel II IRB Prudential Returns, Guidance Notes Package and Frequently Asked Questions (FAQs) Annexure 4 Guidance On Application Procedures, For Adoption of the IRB Approach by Banks Licensed in Saudi Arabia Annexure 5 SAMA's Finalized Guidance Document for the Implementation of Basel II.5, 2012 Annexure 6 Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004 Annexure 7 Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007 Annexure 8 SAMA’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008 Annexure 9 Pillar 3 – Package of Disclosure Requirements and Guidance Notes, 2007 Annexure 10 Basel III Pillar 3 – Package of Disclosure Requirements and Guidance Notes Annexure 11 Section A Finalized Guidance Document Concerning the Implementation of Basel III Annexure 12
SAMA is issuing this Circular to ensure Banks can be ready to fully implement the relevant changes by the effective date. SAMA also plans to issue the revised documents incorporating these changes in the next quarter. Given the nature of these changes and the tight timeline SAMA does not intend to have a consultative process. However, any Question raised by the banks will be addressed through an FAQ process.
ANNEXURE 1: Document Enhanced: General Section
As a result of certain queries by Saudi banks on the enforceability of the following SAMA circulars related to Basel II, II.5 and III, SAMA wishes to provide the following clarifications:
Banks are required to take note of the following:
(1) SAMA on June 6, 2006, had issued regulations titled "Detailed Guidance Document Consultative Draft No 2, 2006", covering matters pertaining to Basel II. Since that date, for the purpose of Basel II implementation, this document should be considered as final and binding. The title of the aforementioned document was subsequently amended to "SAMA Detailed Guidance Document Relating to Pillar 1, June 2006".
(2) SAMA on March 22, 2007, had issued regulations titled "SAMA- Basle II Prudential Returns Consultative Draft No 2", covering matter pertaining to Basel II, Prudential returns. The title of the aforementioned document was amended to "Prudential Returns Basel II, March 2007", this document should be considered as final and binding since the date of issuance.
(3) SAMA has issued circular No BCS 769 titled "Enhancements and Revisions to the Basel II Framework, Market Risk and Trading Book", dated July 29, 2009 requiring banks to establish necessary policies, systems and processes to enable them to meet the Basel requirements pertaining to:
■ Enhancement to the Basel II Framework, July 2009
■ Revisions to the Market Risk Framework (subsequently updated as of 31st December, 2010) and intimated by BCBS in February, 2011
■ Guidelines for Computing Capital for Incremental Risk in the Trading Book
SAMA confirms that all the regulations identified above were to be implemented and were binding on banks from the date of the original issuance.
4) SAMA has issued circular No. BCS 28548, titled "Treatment of Trade Finance under Basel Capital Framework" dated 21 November, 2011 requiring banks to be fully aware of this document.
SAMA wishes to clarify that the guidelines mentioned in its circular, should be implemented and considered binding on banks from the date of the issue.
ANNEXURE 2: Document Enhanced: SAMA Detailed Guidance Document Relating to Pillar 1, June 2006
Section 2.1 “Owned or Controlled Financial Entities”, Page 8 of the SAMA detailed guidance document relating to Pillar 1, June 2006
Original Paragraph to be deleted:
SAMA Requires that owned or controlled entities and securities entities should be fully consolidated for Basel II purposes
The revised paragraph would be as follows:
SAMA Requires that owned or controlled entities and securities entities should be fully consolidated for Basel II purposes to ensure that it captures the risk of the banking group Banking groups are groups that engage predominantly in banking activities and, in some countries, a banking group may be registered as a bank.
Banks are also required to ensure minimum capital adequacy on a consolidated as well as standalone basis by ensuring that the Parent banks also meet the SAMA mandated capital adequacy regulation under Pillar 1 of the Basel guidelines. Going forward all banks would be required to make two sets of prudential returns for Pillar 1 Capital Computations, the first one on a consolidated basis and the other on a standalone basis.
(Refer to Paragraph 21 of International Convergence of Capital Measurement and Capital Standards – June 2006)
“Scope of Application and other issues”, Page 12 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraph to be deleted
Reference to paragraph 24, 26 & 27 (SAMA Document) - Choice of rule between consolidation and deduction. All relevant financial activities will be consolidated, but, if not consolidated, deducted.
The revised paragraph would be as follows:
Reference to paragraph 24, 26 & 27 (SAMA Document) - Choice of rule between consolidation and deduction. All relevant financial activities will be consolidated, but, if not consolidated, deducted.
However, where subsidiary holdings are acquired through debt previously contracted and held on a temporary basis, are subject to different regulation, SAMA would require that the same are deducted from the Tier 1 capital base and Tier 2 Capital capital base in equal proportion i.e. 50% and 50%
SAMA will ensure that the entity that is not consolidated and for which the capital Investment is deducted meets minimum regulatory capital requirements of the concerned regulatory authority.
SAMA will monitor actions taken by the subsidiary to correct any capital shortfall and, if it is not corrected in a timely manner, the shortfall will also be deducted from the parent bank ‘s capital
(Refer to Paragraph 26 and 27 of International Convergence of Capital Measurement and Capital Standards – June 2006)
Section 2.2.1 Subsidiaries and Significant Minority Interests in Insurance Entities, Page 8 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraph to be deleted
[30 to 34] SAMA requires that all subsidiaries and significant minority interest in insurance entities at 10% or more are to be excluded from banks capital at 50% from Tier-I, and 50% from Tier-II capital.
The revised paragraph would be as follows:
[30 to 34] (SAMA Document) Saudi Central Bank requires that all subsidiaries and significant minority interest in insurance entities at 10% or more are to be excluded from banks capital at 50% from Tier-I, and 50% from Tier-II capital.
In addition, SAMA would not permit the recognition of surplus capital of an insurance subsidiary for the capital adequacy of the group –
(Refer to Paragraph 33 of International Convergence of Capital Measurement and Capital Standards – June 2006)
2.2.1-A Subsidiaries and Significant Minority Interests in Insurance Entities, Page 8 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
The new paragraph (would be inserted in addition to the other amendment identified above for Section 2.2.1) which would read as follows:
SAMA will ensure that majority-owned or controlled insurance subsidiaries, which are not consolidated and for which capital investments are deducted, are themselves adequately capitalized to reduce the Possibility of future potential losses to the bank. SAMA, through the parent banks will monitor actions taken by the subsidiary to correct any capital shortfall and, if it is not corrected in a timely manner, the shortfall will also be deducted from the parent bank ‘s capital.
(Refer to Paragraph 34 of International Convergence of Capital Measurement and Capital Standards – June 2006)
Section 2.3. “Significant investment in commercial entities”, Page 8 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraph to be deleted:
[35] (SAMA Document) "The new Basel framework provides that significant minority and majority investments in commercial entities, which exceed certain materiality levels, are to be deducted from Banks capital".
SAMA requires that the threshold and majority investments in commercial entities is 10% of shareholders 'equity and that the deduction would be 50 percent from Tier 1 capital and 50 percent from Tier 2 capital.
Investments held below the 10% threshold will be risk weighted at 100% under the Standardized Approach, and as per section 7.2.1 for the IRB Approaches.
The revised paragraph would be as follows:
[35] "The new Basel framework provides that significant minority and majority investments in commercial entities, which exceed certain materiality levels, are to be deducted from Banks capital".
Materiality levels of 10% of the bank ‘s capital for individual significant investments in commercial entities and 60% of the bank ‘s capital for the aggregate of such investments,. The amount exceeding this threshold would be risk weighted at 1250%.
Investments held below the 10% threshold will be risk weighted at 100% under the Standardized Approach, and as per section 7.2.1 for the IRB Approaches.
(Refer Paragraph 35 of International Convergence of Capital Measurement and Capital Standards – June 2006 & Para 90 of Basel III: A global regulatory framework for more resilient banks and banking systems)
The following guidelines will be read as part of Section 4.1.11 [82 to 89] Off balance sheet items: Page 20 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
The credit equivalent amount of OTC derivatives and SFTs that expose a bank to counterparty credit risk is to be calculated under the rules set forth in Annex 4 of International Convergence of Capital Measurement and Capital Standards, 2006.
(Refer to Paragraph 87 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines will be read as part of Section 4.1.11 [82 to 89] Off balance sheet items: Page 20 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
With regard to unsettled securities, commodities, and foreign exchange SAMA requires that bank ‘s prepares its Prudential return submission based on trade date rather than settlement date as per the accounting convention Banks are encouraged to develop, implement and improve systems for tracking and monitoring the credit risk exposure arising from unsettled transactions as appropriate for producing management information that facilitates action on a timely basis. Furthermore, when such transactions are not processed through a delivery-versus-payment (DvP) or payment-versus-payment (PvP) mechanism, banks must calculate a capital charge as set forth in Annex 3 of International Convergence of Capital Measurement and Capital Standards – June 2006
(Refer to Paragraph 89 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following would be a new subsection 6.4 titled “legal and operational certainty” on page 147, of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
All documentation used in collateralized transactions and for documenting, guarantees and credit derivatives must be binding on all parties and legally enforceable in all relevant jurisdictions. Banks must have conducted sufficient legal review to verify this and have a well-founded legal basis to reach this conclusion, and undertake such further review as necessary to ensure continuing enforceability. (Refer para 118, , International Convergence of Capital Measurement and Capital Standards – June 2006)
In addition to the general requirements for legal certainty set out in paragraphs 117 and 118 of, International Convergence of Capital Measurement and Capital Standards – June 2006, the legal mechanism by which collateral is pledged or transferred must ensure that the bank has the right to liquidate or take legal possession of it, in a timely manner, in the event of the default, insolvency or bankruptcy (or one or more otherwise-defined credit events set out in the transaction documentation) of the counterparty (and, where applicable, of the custodian holding the collateral). Furthermore banks must take all steps necessary to fulfil these requirements under the law applicable to the bank ‘s interest in the collateral for obtaining and maintaining an enforceable security interest, e.g. by registering it with a registrar, or for exercising a right to net or set off in relation to title transfer collateral. (Refer para 123, International Convergence of Capital Measurement and Capital Standards – June 2006)
In order for collateral to provide protection, the credit quality of the counterparty and the value of the collateral must not have a material positive correlation. For example, securities issued by the counterparty ─ or by any related group entity ─ would provide little protection and so would be ineligible.. (Refer para 124, International Convergence of Capital Measurement and Capital Standards – June 2006)
Banks must have clear and robust procedures for the timely liquidation of collateral to ensure that any legal conditions required for declaring the default of the counterparty and liquidating the collateral are observed, and that collateral can be liquidated promptly.. (Refer para 125, , International Convergence of Capital Measurement and Capital Standards – June 2006)
Where the collateral is held by a custodian, banks must take reasonable steps to ensure that the custodian segregates the collateral from its own assets.
(Refer para 126, , International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of the comprehensive scope section (Section 6.1 (ii) laid out on page 145 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
The comprehensive approach for the treatment of collateral (Also refer to paragraphs 130 to 138 and 145 to 181 - International Convergence of Capital Measurement and Capital Standards – June 2006) will also be applied to calculate the counterparty risk charges for OTC Derivatives and repo-style transactions booked in the trading book. However, SAMA ‘s overriding requirement that netting would not be allowed for capital adequacy purposes.
(Refer para 112, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part Section 6 of Credit Risk Mitigation, Collateral Management laid out on page 145 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
No transaction in which CRM techniques are used should receive a higher capital requirement than an otherwise identical transaction where such techniques are not used.
(Refer para 113, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part Section 6 of Credit Risk Mitigation, Collateral Management laid out on page 145 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
The effects of CRM will not be double counted. Therefore, no additional supervisory recognition of CRM for regulatory capital purposes will be granted on claims for which an issue-specific rating is used that already reflects that CRM. As stated in paragraph 100, International Convergence of Capital Measurement and Capital Standards – June 2006 of the section on the standardized approach, principal-only ratings will also not be allowed within the framework of CRM.
(Refer para 114, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part Section 6 of Credit Risk Mitigation, Collateral Management laid out on page 145 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
While the use of CRM techniques reduces or transfers credit risk, it simultaneously may increase other risks (residual risks). Residual risks include legal, operational, liquidity and market risks. Therefore, it is imperative that banks employ robust procedures and processes to control these risks, including strategy; consideration of the underlying credit; valuation; policies and procedures; systems; control of roll-off risks; and management of concentration risk arising from the bank ‘s use of CRM techniques and its interaction with the bank ‘s overall credit risk profile. Where these risks are not adequately controlled, SAMA may impose additional capital charges or take other supervisory actions as outlined in Pillar 2.
(Refer para 115, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part Section 6 of Credit Risk Mitigation Collateral Management laid out on page 145 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
A collateralized transaction is one in which:
■ Banks have a credit exposure or potential credit exposure; and
■ That credit exposure or potential credit exposure is hedged in whole or in part by collateral posted by a counterparty or by a third party on behalf of the counterparty.
Here "counterparty" is used to denote a party to whom a bank has an on- or off-balance sheet credit exposure or a potential credit exposure. That exposure may, for example, take the form of a loan of cash or securities (where the counterparty would traditionally be called the borrower), of securities posted as collateral, of a commitment or of exposure under an OTC derivatives contract.
(Refer para 119, International Convergence of Capital Measurement and Capital Standards – June 2006)
As a new subsection 6.4.1, titled “Repo-style transaction” on page 147, of the SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Where a bank, acting as an agent, arranges a repo-style transaction (i. e. repurchase/reverse repurchase and securities lending/borrowing transactions) between a customer and a third party and provides a guarantee to the customer that the third party will perform on its obligations, then the risk to the bank is the same as if the bank had Entered into the transaction as a principal. In such circumstances, a bank will be required to calculate capital requirements as if it were itself the principal.
(Refer para 128, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 147, Section 6.2, On balance sheet netting, SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraph was as follows:
Where banks have legally enforceable netting arrangements for loans and deposits they may calculate capital requirements on the basis of net credit exposures subject to the conditions in Basel II.
The revised paragraph would be as follows:
SAMA does not recognize netting for capital adequacy purposes
As part of subsection 6.3 titled “guarantees and credit derivatives” on page 147, of the SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
In addition to the legal certainty requirements in International Convergence of Capital Measurement and Capital Standards – June 2006, paragraphs 117 and 118, in order for a guarantee to be recognized, the following conditions must be satisfied:
(a) On the qualifying default/non-payment of the counterparty, the bank may in a timely manner pursue the guarantor for any monies outstanding under the documentation governing the transaction. The guarantor may make one lump sum payment of all monies under such documentation to the bank, or the guarantor may assume the future payment obligations of the counterparty covered by the guarantee. The bank must have the right to receive any such payments from the guarantor without first having to take legal actions in order to pursue the counterparty for payment.
(b) The guarantee is an explicitly documented obligation assumed by the guarantor.
(c) Except as noted in the following sentence, the guarantee covers all types of payments the underlying obligor is expected to make under the documentation governing the transaction, for example notional amount, margin payments etc. where a guarantee covers payment of principal only, interests and other uncovered payments should be treated as an unsecured amount in accordance with BIS guidelines – in International Convergence of Capital Measurement and Capital Standards – June 2006, paragraph 198.
(Refer para 190, International Convergence of Capital Measurement and Capital Standards – June 2006)
As a new subsection Chapter 6.3.1 “additional operational requirements for credit derivatives”, SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
In order for a credit derivative contract to be recognized, the following conditions must be satisfied:
(a) The credit events specified by the contracting parties must at a minimum cover:
■ failure to pay the amounts due under terms of the underlying obligation that are in effect at the time of such failure (with a grace period that is closely in line with the grace period in the underlying obligation);
■ bankruptcy, insolvency or inability of the obligor to pay its debts, or its failure or admission in writing of its inability generally to pay its debts as they become due, and analogous events; and
■ restructuring of the underlying obligation involving forgiveness or postponement of principal, interest or fees that results in a credit loss event (i.e. charge-off, specific provision or other similar debit to the profit and loss account). When restructuring is not specified as a credit event, refer to paragraph 192, International Convergence of Capital Measurement and Capital Standards – June 2006
(b) If the credit derivative covers obligations that do not include the underlying obligation, section (g) below governs whether the asset mismatch is permissible.
(c) The credit derivative shall not terminate prior to expiration of any grace period required for a default on the underlying obligation to occur as a result of a failure to pay, subject to the provisions of paragraph 203, International Convergence of Capital Measurement and Capital Standards – June 2006
(d) Credit derivatives allowing for cash settlement are recognized for capital purposes insofar as a robust valuation process is in place in order to estimate loss reliably. There must be a clearly specified period for obtaining post-credit event valuations of the underlying obligation. If the reference obligation specified in the credit derivative for purposes of cash settlement is different than the underlying obligation, section (g) below governs whether the asset mismatch is permissible.
(e) If the protection purchaser ‘s right/ability to transfer the underlying obligation to the protection provider is required for settlement, the terms of the underlying obligation must provide that any required consent to such transfer may not be unreasonably withheld.
(f) The identity of the parties responsible for determining whether a credit event has occurred must be clearly defined. This determination must not be the sole responsibility of the protection seller. The protection buyer must have the right/ability to inform the protection provider of the occurrence of a credit event.
(g) A mismatch between the underlying obligation and the reference obligation under the credit derivative (i.e. the obligation used for purposes of determining cash settlement value or the deliverable obligation) is permissible if (1) the reference obligation ranks pari passu with or is junior to the underlying obligation, and (2) the underlying obligation and reference obligation share the same obligor (i. e. the same legal entity) and legally enforceable cross-default or cross-acceleration clauses are in place.
(h) A mismatch between the underlying obligation and the obligation used for purposes of determining whether a credit event has occurred is permissible if (1) the latter obligation ranks pari passu with or is junior to the underlying obligation, and (2) the underlying obligation and reference obligation share the same obligor (i.e. the same legal entity) and legally enforceable cross-default or cross acceleration clauses are in place.
When the restructuring of the underlying obligation is not covered by the credit derivative, but the other requirements in paragraph 191 are met, partial recognition of the credit derivative will be allowed. If the amount of the credit derivative is less than or equal to the amount of the underlying obligation, 60% of the amount of the hedge can be recognized as covered. If the amount of the credit derivative is larger than that of the underlying obligation, then the amount of eligible hedge is capped at 60% of the amount of the underlying obligation.
Only credit default swaps and total return swaps that provide credit protection equivalent to guarantees will be eligible for recognition. The following exception applies.
Where a bank buys credit protection through a total return swap and records the net payments received on the swap as net income, but does not record offsetting deterioration in the value of the asset that is protected (either through reductions in fair value or by an addition to reserves), the credit protection will not be recognized. The treatment of first- to-default and second-to-default products is covered separately in paragraphs 207 to 210, International Convergence of Capital Measurement and Capital Standards – June 2006
Other types of credit derivatives will not be eligible for recognition at this time.
(Refer para 191-194, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of 6.3 “Credit and Guarantee Derivatives” - Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
For Credit derivatives and guarantees, Materiality thresholds on payments below which no payment is made in the event of loss are equivalent to retained first loss positions and must be deducted in full from the capital of the bank purchasing the credit protection. (Refer para 197, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of 6.3 “Credit and Guarantee Derivatives” - Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Tranched cover
Where the bank transfers a portion of the risk of an exposure in one or more tranches to a protection seller or sellers and retains some level of risk of the loan and the risk transferred and the risk retained are of different seniority, banks may obtain credit protection for either the senior tranches (e.g. second loss portion) or the junior tranche (e.g. first loss portion). In this case the rules as set out in Section IV (Credit risk ─ securitization framework) will apply.
(Refer para 199, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of 6.3 “Credit and Guarantee Derivatives” - Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Currency mismatches
Where the credit protection is denominated in a currency different from that in which the exposure is denominated — i.e. there is a currency mismatch — the amount of the exposure deemed to be protected will be reduced by the application of a haircut HFX, i.e.
GA = G x (1 – HFX)
where:
G = nominal amount of the credit protection
HFX = haircut appropriate for currency mismatch between the credit protection and underlying obligation.
The appropriate haircut based on a 10-business day holding period (assuming daily marking-to- market) will be applied.
If a bank uses the supervisory haircuts, it will be 8%. The haircuts must be scaled up using the square root of time formula, depending on the frequency of revaluation of the credit protection as described in paragraph 168, International Convergence of Capital Measurement and Capital Standards – June 2006
(Refer para 200, International Convergence of Capital Measurement and Capital Standards – June 2006)
Chapter 6, Credit Risk Mitigation, Basel II SAMA guideline as a separate section 6.5 “Maturity Mismatch”, Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
For the purposes of calculating risk-weighted assets, a maturity mismatch occurs when the residual maturity of a hedge is less than that of the underlying exposure.
Definition of maturity
The maturity of the underlying exposure and the maturity of the hedge should both be defined conservatively. The effective maturity of the underlying should be gauged as the longest possible remaining time before the counterparty is scheduled to fulfil its obligation, taking into account any applicable grace period. For the hedge, embedded options which may reduce the term of the hedge should be taken into account so that the shortest possible effective maturity is used. Where a call is at the discretion of the protection seller, the maturity will always be at the first call date. If the call is at the discretion of the protection buying bank but the terms of the arrangement at origination of the hedge contain a positive incentive for the bank to call the transaction before contractual maturity, the remaining time to the first call date will be deemed to be the effective maturity. For example, where there is a step-up in cost in conjunction with a call feature or where the effective cost of cover increases over time even if credit quality remains the same or increases, the effective maturity will be the remaining time to the first call.
Risk weights for maturity mismatches
As outlined in paragraph 143 of the International Convergence of Capital Measurement and Capital Standards – June 2006, hedges with maturity mismatches are only recognized when their original maturities are greater than or equal to one year. As a result, the maturity of hedges for exposures with original maturities of less than one year must be matched to be recognized. In all cases, hedges with maturity mismatches will no longer be recognized when they have a residual maturity of three months or less.
When there is a maturity mismatch with recognized credit risk mitigants (collateral, on-balance sheet netting, guarantees and credit derivatives) the following adjustment will be applied.
Pa = P x (t – 0.25) / (T – 0.25)
where:
Pa = value of the credit protection adjusted for maturity mismatch
P = credit protection (e.g. collateral amount, guarantee amount) adjusted for any haircuts
t = min (T, residual maturity of the credit protection arrangement) expressed in years
T = min (5, residual maturity of the exposure) expressed in years
(Refer para 202-205, International Convergence of Capital Measurement and Capital Standards – June 2006)
Chapter 6, Credit Risk Mitigation, Basel II SAMA guideline as a separate section 6.6 “Other items related to the treatment of CRM techniques”, Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Treatment of pools of CRM techniques
In the case where a bank has multiple CRM techniques covering a single exposure (e.g. a bank has both collateral and guarantee partially covering an exposure), the bank will be required to subdivide the exposure into portions covered by each type of CRM technique (e.g. portion covered by collateral, portion covered by guarantee) and the risk-weighted assets of each portion must be calculated separately. When credit protection provided by a single protection provider has differing maturities, they must be subdivided into separate protection as well.
First-to-default credit derivatives
There are cases where a bank obtains credit protection for a basket of reference names and where the first default among the reference names triggers the credit protection and the credit event also terminates the contract. In this case, the bank may recognize regulatory capital relief for the asset within the basket with the lowest risk-weighted amount, but only if the notional amount is less than or equal to the notional amount of the credit derivative.
With regard to the bank providing credit protection through such an instrument, if the product has an external credit assessment from an eligible credit assessment institution, the risk weight in paragraph 567, International Convergence of Capital Measurement and Capital Standards – June 2006 applied to securitization tranches will be applied. If the product
Second-to-default credit derivatives
is not rated by an eligible external credit assessment institution, the risk weights of the assets included in the basket will be aggregated up to a maximum of 1250% and multiplied by the nominal amount of the protection provided by the credit derivative to obtain the risk-weighted asset amount.
In the case where the second default among the assets within the basket triggers the credit protection, the bank obtaining credit protection through such a product will only be able to recognize any capital relief if first-default-protection has also be obtained or when one of the assets within the basket has already defaulted.
For banks providing credit protection through such a product, the capital treatment is the same as in paragraph 208, International Convergence of Capital Measurement and Capital Standards – June 2006 with one exception.
The exception is that, in aggregating the risk weights, the asset with the lowest risk weighted amount can be excluded from the calculation.
(Refer para 206-210, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 33, Specialized lending (“SL”) exposures, 2.2.4, SAMA detailed guidance document relating to Pillar 1, June 2006:
The original paragraph was as follows:
The four sub-classes of SL are project finance, object finance, commodities finance and income-producing real estate, each of these sub-classes are considered below.
The new paragraph would read as follows:
The five sub-classes of specialized lending are project finance, object finance, commodities finance, income producing real estate, and high-volatility commercial real estate. Each of these sub-classes is defined below.
(Refer para 220, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Specialized lending (“SL”) exposures, Page 34, SAMA detailed guidance document relating to Pillar 1, June 2006, through insertion of a heading titled “High Volatility Commercial Real Estate” subsequent to Para 2.2.10
(This is in addition to existing text)
High-volatility commercial real estate (HVCRE) lending is the financing of commercial real estate that exhibits higher loss rate volatility (i.e. higher asset correlation) compared to other types of SL. HVCRE includes:
■ Commercial real estate exposures secured by properties of types that are categorized by the national supervisor as sharing higher volatilities in portfolio default rates.
■ Loans financing any of the land acquisition, development and construction (ADC) phases for properties of those types in such jurisdictions; and
■ Loans financing ADC of any other properties where the source of repayment at origination of the exposure is either the future uncertain sale of the property or cash flows whose source of repayment is substantially uncertain (e.g. the property has not yet been leased to the occupancy rate prevailing in that geographic market for that type of commercial real estate), unless the borrower has substantial equity at risk. Commercial ADC loans exempted from treatment as HVCRE loans on the basis of certainty of repayment of borrower equity are, however, ineligible for the additional reductions for SL exposures described in paragraph 277, International Convergence of Capital Measurement and Capital Standards – June 2006
(Refer para 227, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Specialized lending (“SL”) exposures, Page 34, SAMA detailed guidance document relating to Pillar 1, June 2006, through insertion of a heading titled “High Volatility Commercial Real Estate” subsequent to Para 2.2.10:
(This is in addition to existing text)
Where SAMA would categories certain types of commercial real estate exposures as HVCRE in their jurisdictions, it would make public such determinations. SAMA would then ensure that such treatment is then applied equally to banks under their supervision when making such HVCRE loans in that jurisdiction
(Refer para 228, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 30, Section 1.3.6, SAMA detailed guidance document relating to Pillar 1, June 2006:
The original paragraph was as follows:
A bank must produce an implementation plan, specifying to what extent and when it intends to roll out IRB approaches across significant asset classes (or sub-classes in the case of retail) and business units over time.
The revised paragraph would be as follows:
The plan should be exacting, yet realistic, and must be agreed with the supervisor. It should be driven by the practicality and feasibility of moving to the more advanced approaches, and not motivated by a desire to adopt a Pillar 1 approach that minimizes its capital charge. During the roll-out period, supervisors will ensure that no capital relief is granted for intra-group transactions which are designed to reduce a banking group ‘s aggregate capital charge by transferring credit risk among entities on the standardized approach, foundation and advanced IRB approaches. This includes, but is not limited to, asset sales or cross guarantees.
(Refer para 258, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section 1.2, Application, page 29 SAMA detailed guidance document relating to Pillar 1, June 2006 SAMA detailed guidance document relating to Pillar 1, June 2006
Banks adopting an IRB approach are expected to continue to employ an IRB approach. A voluntary return to the standardized or foundation approach is permitted only in extraordinary circumstances, such as divestiture of a large fraction of the bank ‘s credit related business and must be approved by the supervisor.
(Refer para 261, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section for Criteria for transition to the IRB Approach – Page 54, SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Given the data limitations associated with SL exposures, a bank may remain on the supervisory slotting criteria approach for one or more of the PF, OF, CF, IPRE or HVCRE sub-classes, and move to the foundation or advanced approach for other sub-classes within the corporate asset class
(Refer para 262, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section for Criteria for transition to the IRB Approach – Page 54, SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Banks adopting the foundation or advanced approaches are required to calculate their capital requirement using these approaches, as well as the 1988 Accord for the time period specified in paragraphs 45 to 49, International Convergence of Capital Measurement and Capital Standards – June 2006
(Refer para 263, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section for Criteria for transition to the IRB Approach – Page 54,SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Under these transitional arrangements banks are required to have a minimum of two years of data at the implementation of this Framework. This requirement will increase by one year for each of three years of transition.
(Refer para 265, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Page 40, Section 4.1.10, 4.2 Risk components, Probability of default (PD), SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Banks (SAMA has disallowed the application of foundation or advanced approaches to HCVRE) must map their internal grades to five supervisory categories, each of which is associated with a specific risk weight. The slotting criteria on which this mapping must be based are the same as those for IPRE, as provided in Annex 6 International Convergence of Capital Measurement and Capital Standards – June 2006,. The risk weights associated with each category are: Supervisory categories and UL risk weights for high-volatility commercial real estate
Strong Good Satisfactory Weak Default 95% 120% 140% 250% 0%
(Refer para 280, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section, 5.2.1, Probability of default (PD) and loss given default (LGD), Basel II Page 45, - SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Banks may reflect the risk-reducing effects of guarantees and credit derivatives, either in support of an individual obligation or a pool of exposures, through an adjustment of either the PD or LGD estimate, subject to the minimum requirements in paragraphs 480 to 489 of the International Convergence of Capital Measurement and Capital Standards – June 2006. Whether adjustments are done through PD or LGD, they must be done in a consistent manner for a given guarantee or credit derivative type.
(Refer para 332, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section, 5.2.1, Probability of default (PD) and loss given default (LGD), Basel II Page 45, - SAMA detailed guidance document relating to Pillar 1, June 2006
(This is in addition to existing text)
Consistent with the requirements outlined above for corporate, sovereign, and bank exposures, banks must not include the effect of double default in such adjustments. The adjusted risk weight must not be less than that of a comparable direct exposure to the protection provider. Consistent with the standardized approach, banks may choose not to recognize credit protection if doing so would result in a higher capital requirement.
(Refer para 333, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 42, of 168, Section 4.2.6, Exposure at default (EAD), SAMA detailed guidance document relating to Pillar 1, June 2006-
The original paragraph was
4.2.6 The following paragraphs on EAD apply to both on- and off-balance sheet positions. All exposures are measured gross of specific provisions or partial write-offs. The EAD on drawn amounts should not be less than the sum of:
(i) The amount by which a bank ‘s regulatory capital would be reduced if the exposure were written-off fully; and
(ii) Any specific provisions and partial write-offs.
The revised paragraph would be as follows:
4.2.6 The following paragraphs on EAD apply to both on- and off-balance sheet positions. All exposures are measured gross of specific provisions or partial write-offs. The EAD on drawn amounts should not be less than the sum of:
(i) The amount by which a bank ‘s regulatory capital would be reduced if the exposure were written-off fully; and
(ii) Any specific provisions and partial write-offs.
When the difference between the instrument ‘s EAD and the sum of (i) and (ii) is positive, this amount is termed a discount. The calculation of risk-weighted assets is independent of any discounts. Under the limited circumstances described in paragraph 380, International Convergence of Capital Measurement and Capital Standards – June 2006, discounts may be included in the measurement of total eligible provisions for purposes of the EL-provision calculation set out in Section III.G, International Convergence of Capital Measurement and Capital Standards – June 2006 SAMA hereby intimates that the approaches laid in Annexure 4 (Treatment of Counterparty Credit Risk and Cross-Product Netting), of the International Convergence of Capital Measurement and Capital Standards, 2006, (with the exception of clauses applicable to netting) for the purpose of computing the credit equivalent amount of Securities Financing Transactions and OTC derivatives that expose a bank to counterparty credit risk, are available to banks and constitute an integral part of the "SAMA Detailed Guidance Document Relating to Pillar 1, June 2006".
(Refer para 334, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 149, Section 7.2.1, MBA based Approach, SAMA detailed guidance document relating to Pillar 1, June 2006:
The original paragraph read as follows
Under the MBA, a bank would calculate the minimum capital requirements for their banking book equity holdings using one or both of two separate and distinct methods: a simple risk weight method or an internal models method.
The revised paragraph would be as follows:
Under the market-based approach, institutions are permitted to calculate the minimum capital requirements for their banking book equity holdings using one or both of two separate and distinct methods: a simple risk weight method or an internal models method.
The method used should be consistent with the amount and complexity of the institution ‘s equity holdings and commensurate with the overall size and sophistication of the institution.
Supervisors may require the use of either method based on the individual circumstances of an institution.
(Refer para 343, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of 6.3 “Credit and Guarantee Derivatives” - Page 147 of the SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Banks are permitted to recognize guarantees but not collateral obtained on an equity position wherein the capital requirement is determined through use of the market-based approach.
(Refer para 349, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section 8.2, Rules for purchased receivables, page 151 of SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Foundation IRB treatment
If the purchasing bank is unable to decompose EL into its PD and LGD components in a reliable manner, the risk weight is determined from the corporate risk-weight function using the following specifications: if the bank can demonstrate that the exposures are exclusively senior claims to corporate borrowers, an LGD of 45% can be used. PD will be calculated by dividing the EL using this LGD. EAD will be calculated as the outstanding amount minus the capital charge for dilution prior to credit risk mitigation (KDilution). Otherwise, PD is the bank ‘s estimate of EL; LGD will be 100%; and EAD is the amount outstanding minus KDilution. EAD for a revolving purchase facility is the sum of the current amount of receivables purchased plus 75% of any undrawn purchase commitments minus KDilution. If the purchasing bank is able to estimate PD in a reliable manner, the risk weight is determined from the corporate risk-weight functions according to the specifications for LGD, M and the treatment of guarantees under the foundation approach as given in paragraphs 287 to 296, 299, 300 to 305, and 318, International Convergence of Capital Measurement and Capital Standards – June 2006.
(Refer para 366, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section 8.2, Rules for purchased receivables, page 151 of SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
Advanced IRB treatment
If the purchasing bank can estimate either the pool ‘s default-weighted average loss rates given default (as defined in paragraph 468) or average PD in a reliable manner, the bank may estimate the other parameter based on an estimate of the expected long-run loss rate. The bank may (i) use an appropriate PD estimate to infer the long-run default-weighted average loss rate given default, or (ii) use a long-run default-weighted average loss rate given default to infer the appropriate PD. In either case, it is important to recognize that the LGD used for the IRB capital calculation for purchased receivables cannot be less than the long-run default-weighted average loss rate given default and must be consistent with the concepts defined in paragraph 468. The risk weight for the purchased receivables will be determined using the bank ‘s estimated PD and LGD as inputs to the corporate risk-weight function. Similar to the foundation IRB treatment, EAD will be the amount outstanding minus KDilution. EAD for a revolving purchase facility will be the sum of the current amount of receivables purchased plus 75% of any undrawn purchase commitments minus KDilution (thus, banks using the advanced IRB approach will not be permitted to use their internal EAD estimates for undrawn purchase commitments).
(Refer para 367, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section 8.2, Rules for purchased receivables, page 151 of SAMA detailed guidance document relating to Pillar 1, June 2006:
(This is in addition to existing text)
For drawn amounts, M will equal the pool ‘s exposure-weighted average effective maturity (as defined in paragraphs 320 to 324, International Convergence of Capital Measurement and Capital Standards – June 2006). This same value of M will also be used for undrawn amounts under a committed purchase facility provided the facility contains effective covenants, early amortization triggers, or other features that protect the purchasing bank against a significant deterioration in the quality of the future receivables it is required to purchase over the facility ‘s term. Absent such effective protections, the M for undrawn amounts will be calculated as the sum of (a) the longest-dated potential receivable under the purchase agreement and (b) the remaining maturity of the purchase facility.
(Refer para 368, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 46, Section 6, Calculation of expected losses.,SAMA detailed guidance document relating to Pillar 1, June 2006:
The original paragraph was as follows:
Banks should sum the EL amount (defined as EL multiplied by EAD) associated with their exposures.
The revised paragraph would be as follows:
A bank must sum the EL amount (defined as EL multiplied by EAD) associated with its exposures (excluding the EL amount associated with equity exposures under the PD/LGD approach and securitization exposures) to obtain a total EL amount. While the EL amount associated with equity exposures subject to the PD/LGD approach is excluded from the total EL amount, paragraphs 376 and 386, International Convergence of Capital Measurement and Capital Standards – June 2006 apply to such exposures. The treatment of EL for securitization exposures is described in paragraph 563, International Convergence of Capital Measurement and Capital Standards – June 2006.
(Refer para 375, International Convergence of Capital Measurement and Capital Standards – June 2006)
The following would be read as part of, Page 46, Section 6.2, Expected loss for SL exposures subject to the supervisory slotting criteria, SAMA detailed guidance document relating to Pillar 1, June 2006:
Supervisory categories and the risk weights for HVCRE:
The risk weights for HVCRE are as follows:
Strong Good Satisfactory Weak Default 5% 5% 35% 100% 625%
Even where, at national discretion, supervisors allow banks to assign preferential risk weights to HVCRE exposures falling into the "strong" and "good" supervisory categories as outlined in paragraph 282, the corresponding EL risk weight will remain at 5% for both "strong" and "good" exposures.
(Refer para 379, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 47, Section 6.4, Treatment of expected losses and provisions, SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows:
Where the total EL amount is less than total eligible provisions, the SAMA would generally allow banks to recognize the difference in supplementary capital up to a maximum of 0.6% of credit risk-weighted assets.
The revised paragraph would be as follows:
Where the calculated EL amount is lower than the provisions of the bank, its supervisors must consider whether the EL fully reflects the conditions in the market in which it operates before allowing the difference to be included in Tier 2 capital. If specific provisions exceed the EL amount on defaulted assets this assessment also needs to be made before using the difference to offset the EL amount on non-defaulted assets.
(Refer para 385, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 47, Section 6.4, Treatment of expected losses and provisions, SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows:
The EL amount for equity exposures under the PD/LGD approach is deducted from the capital base. Provisions or write-offs for equity exposure under the PD/LGD approach will not be used in the calculation of EL and provision calculation.
The revised paragraph would be as follows:
The EL amount for equity exposures under the PD/LGD approach is deducted 50% from Tier 1 and 50% from Tier 2. Provisions or write-offs for equity exposures under the PD/LGD approach will not be used in the EL-provision calculation.
The treatment of EL and provisions related to securitization exposures is outlined in paragraph 563.
(Refer para 386, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 81, Section 5.2.2, Integrity of rating process, Corporate, sovereign and bank exposures - SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows
Borrower and facility ratings should be reviewed and updated at least annually. Higher risk borrowers or problem exposures should be subject to more frequent review.
The revised paragraph would be as follows:
Borrowers and facilities must have their ratings refreshed at least on an annual basis. Certain credits, especially higher risk borrowers or problem exposures, must be subject to more frequent review. In addition, banks must initiate a new rating if material information on the borrower or facility comes to light.
(Refer para 425, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 104, Section 4.2.8, Re-ageing, SAMA detailed guidance document relating to Pillar 1, June 2006:
The original paragraph was as follows:
Re-ageing is a process by which the delinquency status of loans, the terms of which have not been changed, is adjusted based on subsequent good performance, even though not all arrears under the original repayment schedule have been paid off.
The following is added to the original paragraph:
The bank must have clearly articulated and documented policies in respect of the counting of days past due, in particular in respect of the re-ageing of the facilities and the granting of extensions, deferrals, renewals and rewrites to existing accounts. At a minimum, the re-ageing policy must include: (a) approval authorities and reporting requirements; (b) minimum age of a facility before it is eligible for re-ageing; (c) delinquency levels of facilities that are eligible for re-ageing; (d) maximum number of re-ageings per facility; and (e) a reassessment of the borrower ‘s capacity to repay. These policies must be applied consistently over time, and must support the 'use test‘ (i.e. if a bank treats a re-aged exposure in a similar fashion to other delinquent exposures more than the past-due cut off point, this exposure must be recorded as in default for IRB purposes). Some supervisors may choose to establish more specific requirements on re-ageing for banks in their jurisdiction.
(Refer para 458, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 104, Section 4.4.1, Data observation period - SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows:
Irrespective of whether a bank is using external, internal, or pooled data sources, or a combination of the three, for its PD estimation, the length of the underlying historical observation period used should be at least 2 years for at least one source. If the available observation period spans a longer period for any source, and the data are relevant and material, this longer period should be used. Bank need not give equal importance to historical data if it can convince SAMA that more recent data are a better predictor of default rates.
The revised paragraph would be as follows:
Irrespective of whether a bank is using external, internal, or pooled data sources, or a combination of the three, for its PD estimation, the length of the underlying historical observation period used must be at least five years for at least one source. If the available observation period spans a longer period for any source, and this data are relevant and material, this longer period must be used.
(Refer para 463, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 104, Section 4.4.1, Data observation period, SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows:
Irrespective of whether a bank is using external, internal, or pooled data sources, or a combination of the three, for its PD estimation, the length of the underlying historical observation period used should be at least 2 years for at least one source. If the available observation period spans a longer period for any source, and the data are relevant and material, this longer period should be used. Bank need not give equal importance to historical data if it can convince SAMA that more recent data are a better predictor of default rates.
The revised paragraph would be as follows:
Irrespective of whether banks are using external, internal, pooled data sources, or a combination of the three, for their estimation of loss characteristics, the length of the underlying historical observation period used must be at least five years.
If the available observation spans a longer period for any source, and these data are relevant, this longer period must be used. A bank need not give equal importance to historic data if it can convince its supervisor that more recent data are a better predictor of loss rates.
(Refer para 466, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 109, Section 4.6.7, Requirements specific to own-EAD estimates - SAMA detailed guidance document relating to Pillar 1, June 2006:
Original paragraph was as follows:
Due consideration should be paid by banks to their specific policies and strategies adopted in respect of account monitoring and payment processing. Banks should also consider their ability and willingness to prevent further drawings in circumstances short of payment default, such as covenant violations or other technical default events. Banks should also have adequate systems and procedures in place to monitor facility amounts, current outstandings against committed lines and changes in outstandings per borrower and per grade. Banks should be able to monitor outstanding balances on a daily basis.
The revised paragraph would be as follows:
Due consideration must be paid by the bank to its specific policies and strategies adopted in respect of account monitoring and payment processing. The bank must also consider its ability and willingness to prevent further drawings in circumstances short of payment default, such as covenant violations or other technical default events. Banks must also have adequate systems and procedures in place to monitor facility amounts, current outstandings against committed lines and changes in outstandings per borrower and per grade. The bank must be able to monitor outstanding balances on a daily basis.
477(i). For transactions that expose banks to counterparty credit risk, estimates of EAD must fulfil the requirements set forth in Annex 4 of this Framework.
(Refer para 477, International Convergence of Capital Measurement and Capital Standards – June 2006)
To be read as part of Section 4.5, Requirements specific to own-LGD estimates, page 106 of SAMA detailed guidance document relating to Pillar 1, June 2006:
In all cases, both the borrower and all recognized guarantors must be assigned a borrower rating at the outset and on an ongoing basis. A bank must follow all minimum requirements for assigning borrower ratings set out in this document, including the regular monitoring of the guarantor ‘s condition and ability and willingness to honor its obligations.
Consistent with the requirements in paragraphs 430 and 431, International Convergence of Capital Measurement and Capital Standards – June 2006, a bank must retain all relevant information on the borrower absent the guarantee and the guarantor. In the case of retail guarantees, these requirements also apply to the assignment of an exposure to a pool, and the estimation of PD.
(Refer para 481, International Convergence of Capital Measurement and Capital Standards – June 2006)
Chapter 6 - Credit Risk Mitigation - Collateral Management, Page 145 of SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraph was as following
The new Basel framework identifies two primary types of credit risk mitigation (CRM): guarantees and collateral. Guarantees are legally binding promises from a third party that the loan obligations of the borrower would be met. The conditions for a guarantee to be eligible are the same as those in current Accord requiring that they are direct, explicit, irrevocable and unconditional. Under the new Basel framework, eligible guarantees would also include additional operational requirements and a treatment for maturity mismatches. The principle of substitution has been retained from current requirements.
The following is added to the above:
The guarantee must be evidenced in writing, non-cancellable on the part of the guarantor, in force until the debt is satisfied in full (to the extent of the amount and tenor of the guarantee) and legally enforceable against the guarantor in a jurisdiction where the guarantor has assets to attach and enforce a judgment. However, in contrast to the foundation approach to corporate, bank, and sovereign exposures, guarantees prescribing conditions under which the guarantor may not be obliged to perform (conditional guarantees) may be recognized under certain conditions. Specifically, the onus is on the bank to demonstrate that the assignment criteria adequately address any potential reduction in the risk mitigation effect.
Under the new Basel framework, eligible guarantees would also include additional operational requirements and a treatment for maturity mismatches. The principle of substitution has been retained from current requirements (Refer para 484, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 157, 10.4.7, 10.4.8, Recognition of internally determined correlations, SAMA detailed guidance document relating to Pillar 1, June 2006:
Original Paragraphs were the following:
10.4.7 Recognition of internally determined correlations
The new Basel framework allows a national supervisory authority to decide whether to permit a bank to recognize diversification benefits (less than perfect correlation) across individual operational risk estimates within a bank group. The Bank must be able to prove to the supervisor that its systems for determining correlations are sound, implemented with integrity, and take into account the uncertainty surrounding any such correlation estimate (particularly in periods of stress). The bank should also validate its assumptions using appropriate quantitative and qualitative techniques. SAMA proposes to allow a Bank to use internally determined correlations across individual operational risk estimates provided that i) such co-relations meet back testing, stress testing and other validation requirements ii) and the bank ‘s internal estimates taken as a whole provide predictability for determining regulatory capital requirements.
10.4.8 Calculation of operational risk capital to UL only
The new Basel framework requires a bank to calculate its regulatory capital requirement as the sum of expected loss (EL) and unexpected loss (UL), unless the bank can demonstrate to the satisfaction of its national supervisory authority that it has measured and accounted for its EL exposure.
SAMA proposes to permit a bank to hold capital against UL only provided that the Bank can demonstrate to SAMA that it has accounted for its EL exposure.
The revised paragraph would be as follows:
This paragraph describes a series of quantitative standards that will apply to internally generated operational risk measures for purposes of calculating the regulatory minimum capital charge.
(a) Any internal operational risk measurement system must be consistent with the scope of operational risk defined by the Committee in paragraph 644, International Convergence of Capital Measurement and Capital Standards – June 2006, and the loss event types defined in Annex 9, International Convergence of Capital Measurement and Capital Standards – June 2006
(b) Supervisors will require the bank to calculate its regulatory capital requirement as the sum of expected loss (EL) and unexpected loss (UL), unless the bank can demonstrate that it is adequately capturing EL in its internal business practices. That is, to base the minimum regulatory capital requirement on UL alone, the bank must be able to demonstrate to the satisfaction of its national supervisor that it has measured and accounted for its EL exposure.
(c) A bank ‘s risk measurement system must be sufficiently 'granular 'to capture the major drivers of operational risk affecting the shape of the tail of the loss estimates.
(d) Risk measures for different operational risk estimates must be added for purposes of calculating the regulatory minimum capital requirement. However, the bank may be permitted to use internally determined correlations in operational risk losses across individual operational risk estimates, provided it can demonstrate to the satisfaction of the national supervisor that its systems for determining correlations are sound, implemented with integrity, and take into account the uncertainty surrounding any such correlation estimates (particularly in periods of stress). The bank must validate its correlation assumptions using appropriate quantitative and qualitative techniques.
(e) Any operational risk measurement system must have certain key features to meet the supervisory soundness standard set out in this section. These elements must include the use of internal data, relevant external data, scenario analysis and factors reflecting the business environment and internal control systems.
(f) A bank needs to have a credible, transparent, well-documented and verifiable approach for weighting these fundamental elements in its overall operational risk measurement system. For example, there may be cases where estimates of the 99.9th percentile confidence interval based primarily on internal and external loss event data would be unreliable for business lines with a heavy-tailed loss distribution and a small number of observed losses. In such cases, scenario analysis, and business environment and control factors, may play a more dominant role in the risk measurement system. Conversely, operational loss event data may play a more dominant role in the risk measurement system for business lines where estimates of the 99.9th percentile confidence interval based primarily on such data are deemed reliable. In all cases, the bank ‘s approach for weighting the four fundamental elements should be internally consistent and avoid the double counting of qualitative assessments or risk mitigants already recognized in other elements of the framework.
(Refer para 669, International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 155, 10.4, Partial Use, SAMA detailed guidance document relating to Pillar 1, June 2006: Original Paragraph was the following:
[680-683] The new Basel framework permits a Basic Indicator Approach, a Standardized Approach and an Advanced Management Approach (AMA). SAMA initially expects banks to move to the Basic Indicator or the Standardized Approach and thereafter to the more advanced AMA approach supervisor. However, the new Basel framework also permits banks to use an AMA for some parts of its operations and the Basic Indicator Approach or Standardized Approach for the balance ("partial use"), on both a transitional and permanent basis, subject to certain conditions.
These conditions include:
• On implementation date, a significant part of the Banks operational risk should be captured by the AMA, and;
• The Bank must provide a timetable outlining how it intends to roll out the AMA across all but on immaterial part of its operations. A Bank may determine which parts of its operations would use an AMA based on a business line, legal entity, geographical or other internally determined basis.
The revised paragraph would be as follows:
680-683] The new Basel framework permits a Basic Indicator Approach, a Standardized Approach and an Advanced Management Approach (AMA). SAMA initially expects banks to move to the Basic Indicator or the Standardized Approach and thereafter to the more advanced AMA approach supervisor. However, the new Basel framework also permits banks to use an AMA for some parts of its operations and the Basic Indicator Approach or Standardized Approach for the balance ("partial use"), on both a transitional and permanent basis, subject to certain conditions.
These conditions include:
• All operational risks of the bank ‘s global, consolidated operations are captured;
• All of the bank ‘s operations that are covered by the AMA meet the qualitative criteria for using an AMA, while those parts of its operations that are using one of the simpler approaches meet the qualifying criteria for that approach;
• On implementation date, a significant part of the Banks operational risk should be captured by the AMA, and;
• The Bank must provide a timetable outlining how it intends to roll out the AMA across all but on immaterial part of its operations. A Bank may determine which parts of its operations would use an AMA based on a business line, legal entity, geographical or other internally determined basis.
(Refer para 680-683, International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 3: Document Enhanced: Prudential Returns Basel II, March 2007
The following is to be read as part of "Core Capital– Tier-I” and “Tier II Capital” guidelines (in addition to existing guidelines), Page 25, Prudential Returns Basel II, March 2007:
(This is in addition to existing text)
The limits on Tier 2 and on innovative Tier 1 instruments will be based on the amount of Tier 1 capital after deduction of goodwill but before the deductions of investments pursuant (see Annex 1, International Convergence of Capital Measurement and Capital Standards – June 2006, for an example how to calculate the 15% limit for innovative Tier 1 instruments).
(Please refer to Paragraph 39 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following is to be read as part of “Additional Guidance Notes I” (in addition to existing guidelines), Page 12, Paragraph No 15, Bullet point No 2, Prudential Returns Basel II, March 2007:
(This is in addition to existing text)
The comprehensive approach
Maturity Mismatch
Where the residual maturity of the CRM is less than that of the underlying credit exposure a maturity mismatch occurs. Where there is a maturity mismatch and the CRM has an original maturity of less than one year, the CRM is not recognized for capital purposes.
In other cases where there is a maturity mismatch, partial recognition is given to the CRM for regulatory capital purposes as detailed in para 202 – 205, International Convergence of Capital Measurement and Capital Standards – June 2006. Under the simple approach for collateral maturity mismatches will not be allowed.
(Please refer to Paragraph 143 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following is to be read as part of “Additional Guidance Notes I” (in addition to existing guidelines), Page 13, Paragraph No 15, Bullet point No 4, Prudential Returns Basel II, March 2007:
(This is in addition to existing text)
The comprehensive approach
Calculation of capital requirement
Where the collateral is a basket of assets, the haircut on the basket will be
H =Σa H, where a1 is the weight of the asset (as measured by units of currency) in the basket and H1 the haircut applicable to that asset.
(Please refer to Paragraph 150 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following is to be read as part of “Additional Guidance Notes I” 17.2, Counterparty Credit Risk On Derivative Contracts, Current Exposure Method, (in addition to existing guidelines), Page 16,, Prudential Returns Basel II, March 2007:
(This is in addition to existing text)
Under the Current Exposure Method, the calculation of the counterparty credit risk charge for an individual contract will be as follows:
counterparty charge = [(RC + add-on) – CA] x r x 8%
where:
RC = the replacement cost, add-on = the amount for potential future exposure calculated according to paragraph 92(i) and 92(ii) of Annex 4, International Convergence of Capital Measurement and Capital Standards – June 2006.
CA = the volatility adjusted collateral amount under the comprehensive approach prescribed in paragraphs 147 to 172, International Convergence of Capital Measurement and Capital Standards – June 2006, or zero if no eligible collateral is applied to the transaction, and
r = the risk weight of the counterparty.
(Please refer to Paragraph 186 of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 4: Document Enhanced: SAMA's Basel II IRB Prudential Returns, Guidance Notes Package and Frequently Asked Questions (FAQs)
Page 31 of the GN 4 – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012:
Original paragraph (130) to be deleted:
130. A Bank relying on its own estimates of LGD has the option to adopt the treatment for Bank using the foundation IRB approach (see paragraphs 126 to 128, International Convergence of Capital Measurement and Capital Standards – June 2006), or to make an adjustment to its LGD estimate of the exposure to reflect the presence of the recognized guarantee/credit derivative contract under the advanced IRB approach.
Revised paragraph would read as follows:
A bank relying on own-estimates of LGD has the option to adopt the treatment outlined above for banks under the foundation IRB approach (paragraphs 302 to 305, International Convergence of Capital Measurement and Capital Standards – June 2006), or to make an adjustment to its LGD estimate of the exposure to reflect the presence of the guarantee or credit derivative. Under this option, there are no limits to the range of eligible guarantors although the set of minimum requirements provided in paragraphs 483 and 484, International Convergence of Capital Measurement and Capital Standards – June 2006, concerning the type of guarantee must be satisfied. For credit derivatives, the requirements of paragraphs 488 and 489, International Convergence of Capital Measurement and Capital Standards – June 2006, must be satisfied. (When credit derivatives do not cover the restructuring of the underlying obligation, the partial recognition set out in paragraph 192, International Convergence of Capital Measurement and Capital Standards – June 2006, applies.)
Operational requirements for recognition of double default
130(i). A bank using an IRB approach has the option of using the substitution approach in determining the appropriate capital requirement for an exposure. However, for exposures hedged by one of the following instruments the double default framework according to paragraphs 284 (i) to 284 (iii), International Convergence of Capital Measurement and Capital Standards – June 2006, may be applied subject to the additional operational requirements set out in paragraph 307 (ii), International Convergence of Capital Measurement and Capital Standards – June 2006. A bank may decide separately for each eligible exposure to apply either the double default framework or the substitution approach.
(a) Single-name, unfunded credit derivatives (e.g. credit default swaps) or single- name guarantees.
(b) First-to-default basket products — the double default treatment will be applied to the asset within the basket with the lowest risk-weighted amount.
(c) nth-to-default basket products — the protection obtained is only eligible for consideration under the double default framework if eligible (n-1)th default protection has also been obtained or where (n-1) of the assets within the basket have already defaulted.
130(ii). The double default framework is only applicable where the following conditions are met.
(a) The risk weight that is associated with the exposure prior to the application of the framework does not already factor in any aspect of the credit protection.
(b) The entity selling credit protection is a bank, (This does not include PSEs and MDBs, even though claims on these may be treated as claims on banks according to paragraph 230, International Convergence of Capital Measurement and Capital Standards – June 2006) investment firm or insurance company (but only those that are in the business of providing credit protection, including mono-lines, re-insurers, and non-sovereign credit export agencies - By nonsovereign it is meant that credit protection in question does not benefit from any explicit sovereign counter-guarantee.), referred to as a financial firm, that:
■ is regulated in a manner broadly equivalent to that in this Framework (where there is appropriate supervisory oversight and transparency/ market discipline), or externally rated as at least investment grade by a credit rating agency deemed suitable for this purpose by supervisors;
■ had an internal rating with a PD equivalent to or lower than that associated with an external A- rating at the time the credit protection for an exposure was first provided or for any period of time thereafter; and •has an internal rating with a PD equivalent to or lower than that associated with an external investment-grade rating.
(c) The underlying obligation is:
■ a corporate exposure as defined in paragraphs 218 to 228, International Convergence of Capital Measurement and Capital Standards – June 2006, (excluding specialised lending exposures for which the supervisory slotting criteria approach described in paragraphs 275 to 282, International Convergence of Capital Measurement and Capital Standards – June 2006, is being used); or
■ A claim on a PSE that is not a sovereign exposure as defined in paragraph 229, International Convergence of Capital Measurement and Capital Standards – June 2006; or
■ A loan extended to a small business and classified as a retail exposure as defined in paragraph 231, International Convergence of Capital Measurement and Capital Standards – June 2006.
(d) The underlying obligor is not:
■ A financial firm as defined in (b); or
■ A member of the same group as the protection provider.
(e) The credit protection meets the minimum operational requirements for such instruments as outlined in paragraphs 189 to 193, International Convergence of Capital Measurement and Capital Standards – June 2006.
(f) In keeping with paragraph 190, International Convergence of Capital Measurement and Capital Standards – June 2006, for guarantees, for any recognition of double default effects for both guarantees and credit derivatives a bank must have the right and expectation to receive payment from the credit protection provider without having to take legal action in order to pursue the counterparty for payment. To the extent possible, a bank should take steps to satisfy itself that the protection provider is willing to pay promptly if a credit event should occur.
(g) The purchased credit protection absorbs all credit losses incurred on the hedged portion of an exposure that arise due to the credit events outlined in the contract.
(h) If the payout structure provides for physical settlement, then there must be legal certainty with respect to the deliverability of a loan, bond, or contingent liability. If a bank intends to deliver an obligation other than the underlying exposure, it must ensure that the deliverable obligation is sufficiently liquid so that the bank would have the ability to purchase it for delivery in accordance with the contract.
(i) The terms and conditions of credit protection arrangements must be legally confirmed in writing by both the credit protection provider and the bank.
(j) In the case of protection against dilution risk, the seller of purchased receivables must not be a member of the same group as the protection provider.
(k) There is no excessive correlation between the creditworthiness of a protection provider and the obligor of the underlying exposure due to their performance being dependent on common factors beyond the systematic risk factor. The bank has a process to detect such excessive correlation. An example of a situation in which such excessive correlation would arise is when a protection provider guarantees the debt of a supplier of goods or services and the supplier derives a high proportion of its income or revenue from the protection provider.
(Please refer to Paragraph 307 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The advanced approaches have been laid out on page 13 of the GN 4 – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012:
The original paragraph (60) was follows
(a) Market-based approach
60. Under this approach, a Bank is permitted to calculate the risk-weighted amount of its equity exposures held in the banking book using one or both of the following two separate and distinct methods:
(i) Simple risk-weight method
A 300% risk-weight is to be applied to equity exposure in a publicly traded company (being an equity security traded on a recognized exchange)1 and a 400% risk-weight is to be applied to all other equity exposures.
1 For the definition of recognized exchange refer to SAMA's guidance document concerning the market risk issued in January 2004.
Short positions in an equity exposure (including derivative instruments) held in the banking book are permitted to offset long positions in the same equity exposure, provided that these short positions have been explicitly designated as a hedge of the long positions in that equity exposure and that they have a remaining maturity of at least one year. Other short positions (including the net short position remains after the set-off) are to be treated as if they were long positions with the relevant risk-weight applied to the absolute value of each position.
The following content would be deemed added to the original paragraph as a continuation:
In the context of maturity mismatched positions, the methodology is that for corporate exposures
(Please refer to Paragraph 345 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The advanced approaches have been laid out on page 31 of the GN 4 – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
The following is added to para 133 of the GN 4 – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
For retail exposures, where guarantees exist, either in support of an individual obligation or a pool of exposures, a bank may reflect the risk-reducing effect either through its estimates of PD or LGD, provided this is done consistently. In adopting one or the other technique, a bank must adopt a consistent approach, both across types of guarantees and over time.
(Please refer to Paragraph 480 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following text should be considered as added to Paragraph 129, page 31 of the GN 4 “Advanced IRB Approach” – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
There are no restrictions on the types of eligible guarantors. The bank must, however, have clearly specified criteria for the types of guarantors it will recognise for regulatory capital purposes.
(Please refer to Paragraph 483 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following text is a new Paragraph 129-A “adjustment criteria for advanced approach”, page 31 of the GN 4 “Advanced IRB Approach” – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
A bank must have clearly specified criteria for adjusting borrower grades or LGD estimates (or in the case of retail and eligible purchased receivables, the process of allocating exposures to pools) to reflect the impact of guarantees for regulatory capital purposes. These criteria must be as detailed as the criteria for assigning exposures to grades consistent with paragraphs 410 and 411, International Convergence of Capital Measurement and Capital Standards – June 2006 and must follow all minimum requirements for assigning borrower or facility ratings set out in this document. The criteria must be plausible and intuitive, and must address the guarantor‘s ability and willingness to perform under the guarantee. The criteria must also address the likely timing of any payments and the degree to which the guarantor‘s ability to perform under the guarantee is correlated with the borrower‘s ability to repay. The bank‘s criteria must also consider the extent to which residual risk to the borrower remains, for example a currency mismatch between the guarantee and the underlying exposure.
In adjusting borrower grades or LGD estimates (or in the case of retail and eligible purchased receivables, the process of allocating exposures to pools), banks must take all relevant available information into account.
(Please refer to Paragraph 485-487 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following text is a new Paragraph 129 B “Credit derivatives - Advanced IRB Approach”, page 31 of the GN 4 “Advanced IRB Approach” – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
The minimum requirements for guarantees are relevant also for single-name credit derivatives. Additional considerations arise in respect of asset mismatches. The criteria used for assigning adjusted borrower grades or LGD estimates (or pools) for exposures hedged with credit derivatives must require that the asset on which the protection is based (the reference asset) cannot be different from the underlying asset, unless the conditions outlined in the foundation approach are met.
In addition, the criteria must address the payout structure of the credit derivative and conservatively assess the impact this has on the level and timing of recoveries. The bank must also consider the extent to which other forms of residual risk remain.
(Please refer to Paragraph 488 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following text is a new Paragraph 129 C “For banks using foundation LGD estimates”, page 31 of the GN 4 “Advanced IRB Approach” – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
The minimum requirements outlined in paragraphs 480 to 489, International Convergence of Capital Measurement and Capital Standards – June 2006, apply to banks using the foundation LGD estimates with the following exceptions:
(1) The bank is not able to use an ‗LGD-adjustment‘ option; and
(2) The range of eligible guarantees and guarantors is limited to those outlined in BIS guidelines outlined in paragraph 302, International Convergence of Capital Measurement and Capital Standards – June 2006.
(Please refer to Paragraph 490 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following text is a new subheading (c) “Requirements specific to estimating PD and LGD (or EL) for qualifying purchased receivables ” main heading “Purchased Receivables”, New Para 75 A, page 17 of the GN 4 “Advanced IRB Approach” – IRB Approach – Section C Prudential Returns General Guidance on IRB Approaches - January 2012
Requirements specific to estimating PD and LGD (or EL) for qualifying purchased receivables
The following minimum requirements for risk quantification must be satisfied for any purchased receivables (corporate or retail) making use of the top-down treatment of default risk and/or the IRB treatments of dilution risk.
The purchasing bank will be required to group the receivables into sufficiently homogeneous pools so that accurate and consistent estimates of PD and LGD (or EL) for default losses and EL estimates of dilution losses can be determined. In general, the risk bucketing process will reflect the seller‘s underwriting practices and the heterogeneity of its customers. In addition, methods and data for estimating PD, LGD, and EL must comply with the existing risk quantification standards for retail exposures. In particular, quantification should reflect all information available to the purchasing bank regarding the quality of the underlying receivables, including data for similar pools provided by the seller, by the purchasing bank, or by external sources. The purchasing bank must determine whether the data provided by the seller are consistent with expectations agreed upon by both parties concerning, for example, the type, volume and on-going quality of receivables purchased.
Where this is not the case, the purchasing bank is expected to obtain and rely upon more relevant data.
Minimum operational requirements
A bank purchasing receivables has to justify confidence that current and future advances can be repaid from the liquidation of (or collections against) the receivables pool. To qualify for the top-down treatment of default risk, the receivable pool and overall lending relationship should be closely monitored and controlled. Specifically, a bank will have to demonstrate the following:
Legal certainty
■ The structure of the facility must ensure that under all foreseeable circumstances the bank has effective ownership and control of the cash remittances from the receivables, including incidences of seller or servicer distress and bankruptcy. When the obligor makes payments directly to a seller or servicer, the bank must verify regularly that payments are forwarded completely and within the contractually agreed terms. As well, ownership over the receivables and cash receipts should be protected against bankruptcy ‗stays 'or legal challenges that could materially delay the lender ‘s ability to liquidate/assign the receivables or retain control over cash receipts.
Effectiveness of monitoring systems
The bank must be able to monitor both the quality of the receivables and the financial condition of the seller and servicer. In particular:
■ The bank must (a) assess the correlation among the quality of the receivables and the financial condition of both the seller and servicer, and (b) have in place internal policies and procedures that provide adequate safeguards to protect against such contingencies, including the assignment of an internal risk rating for each seller and servicer.
■ The bank must have clear and effective policies and procedures for determining seller and servicer eligibility. The bank or its agent must conduct periodic reviews of sellers and servicers in order to verify the accuracy of reports from the seller/servicer, detect fraud or operational weaknesses, and verify the quality of the seller ‘s credit policies and servicer ‘s collection policies and procedures. The findings of these reviews must be well documented.
■ The bank must have the ability to assess the characteristics of the receivables pool, including (a) over-advances; (b) history of the seller ‘s arrears, bad debts, and bad debt allowances; (c) payment terms, and (d) potential contra accounts.
■ The bank must have effective policies and procedures for monitoring on an aggregate basis single-obligor concentrations both within and across receivables pools.
■ The bank must receive timely and sufficiently detailed reports of receivables ageings and dilutions to (a) ensure compliance with the bank ‘s eligibility criteria and advancing policies governing purchased receivables, and (b) provide an effective means with which to monitor and confirm the seller ‘s terms of sale (e.g. invoice date ageing) and dilution.
Effectiveness of work-out systems
An effective programme requires systems and procedures not only for detecting deterioration in the seller ‘s financial condition and deterioration in the quality of the receivables at an early stage, but also for addressing emerging problems pro-actively. In particular,
■ The bank should have clear and effective policies, procedures, and information systems to monitor compliance with (a) all contractual terms of the facility (including covenants, advancing formulas, concentration limits, early amortisation triggers, etc.) as well as (b) the bank ‘s internal policies governing advance rates and receivables eligibility. The bank ‘s systems should track covenant violations and waivers as well as exceptions to established policies and procedures.
■ To limit inappropriate draws, the bank should have effective policies and procedures for detecting, approving, monitoring, and correcting over-advances.
■ The bank should have effective policies and procedures for dealing with financially weakened sellers or servicers and/or deterioration in the quality of receivable pools.
■ These include, but are not necessarily limited to, early termination triggers in revolving facilities and other covenant protections, a structured and disciplined approach to dealing with covenant violations, and clear and effective policies and procedures for initiating legal actions and dealing with problem receivables.
Effectiveness of systems for controlling collateral, credit availability, and cash
The bank must have clear and effective policies and procedures governing the control of receivables, credit, and cash. In particular,
■ Written internal policies must specify all material elements of the receivables purchase programme, including the advancing rates, eligible collateral, necessary documentation, concentration limits, and how cash receipts are to be handled. These elements should take appropriate account of all relevant and material factors, including the seller's /servicer ‘s financial condition, risk concentrations, and trends in the quality of the receivables and the seller ‘s customer base.
■ Internal systems must ensure that funds are advanced only against specified supporting collateral and documentation (such as servicer attestations, invoices, shipping documents, etc.).
Compliance with the bank’s internal policies and procedures
Given the reliance on monitoring and control systems to limit credit risk, the bank should have an effective internal process for assessing compliance with all critical policies and procedures, including
■ Regular internal and/or external audits of all critical phases of the bank ‘s receivables purchase programme.
■ Verification of the separation of duties (i) between the assessment of the seller/servicer and the assessment of the obligor and (ii) between the assessment of the seller/servicer and the field audit of the seller/servicer.
A bank ‘s effective internal process for assessing compliance with all critical policies and procedures should also include evaluations of back-office operations, with particular focus on qualifications, experience, staffing levels, and supporting systems
(Please refer to Paragraph 491-499 of International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 14 of the GN 4 “(ii) Internal models method” – IRB Approach – Section F “Equity Exposure” Prudential Returns General Guidance on IRB Approaches - January 2012
The original paragraphs were as follows:
(ii) Internal models method
A Bank may use its internal models to calculate the risk-weighted amount of its equity exposures, subject to fulfilling the relevant requirements set out in the Rules described in SAMA's documents relating to the market risk amendment of 2004.
Under this method, the Bank should calculate the risk-weighted amount of its equity exposures by multiplying the potential loss of its equity exposures as derived by using its internal models (e.g. VaR models) subject to the one-tailed 99% confidence interval of the difference between quarterly returns of the exposures and an appropriate risk-free rate computed over a long-term observation period (i.e. not less than three years) by 12.5. The risk-weighted amount calculated under the internal models method should be no less than the risk-weighted amount calculated under the simple risk weight method using a 200% risk-weight for equity exposure in a publicly traded company and a 300% risk weight for all other equity exposures. Such minimum risk-weighted amount should be calculated separately using the simple risk-weight method at individual exposure level rather than at portfolio level.
The revised paragraph would read as follows
Internal Models Market Basic Approach
To be eligible for the internal models market-based approach a bank must demonstrate to its supervisor that it meets certain quantitative and qualitative minimum requirements at the outset and on an ongoing basis. A bank that fails to demonstrate continued compliance with the minimum requirements must develop a plan for rapid return to compliance, obtain its supervisor ‘s approval of the plan, and implement that plan in a timely fashion. In the interim, banks would be expected to compute capital charges using a simple risk weight approach.
Capital charge risk and quantification
The following minimum quantitative standards apply for the purpose of calculating minimum capital charges under the internal models approach.
■ The capital charge is equivalent to the potential loss on the institution ‘s equity portfolio arising from an assumed instantaneous shock equivalent to the 99th percentile, one-tailed confidence interval of the difference between quarterly returns and an appropriate risk-free rate computed over a long-term sample period.
■ The estimated losses should be robust to adverse market movements relevant to the long-term risk profile of the institution ‘s specific holdings. The data used to represent return distributions should reflect the longest sample period for which data are available and meaningful in representing the risk profile of the bank ‘s specific equity holdings. The data used should be sufficient to provide conservative, statistically reliable and robust loss estimates that are not based purely on subjective or judgmental considerations. Institutions must demonstrate to supervisors that the shock employed provides a conservative estimate of potential losses over a relevant long-term market or business cycle. Models estimated using data not reflecting realistic ranges of long-run experience, including a period of reasonably severe declines in equity market values relevant to a bank ‘s holdings, are presumed to produce optimistic results unless there is credible evidence of appropriate adjustments built into the model. In the absence of built-in adjustments, the bank must combine empirical analysis of available data with adjustments based on a variety of factors in order to attain model outputs that achieve appropriate realism and conservatism. In constructing Value at Risk (VaR) models estimating potential quarterly losses, institutions may use quarterly data or convert shorter horizon period data to a quarterly equivalent using an analytically appropriate method supported by empirical evidence. Such adjustments must be applied through a well-developed and well-documented thought process and analysis. In general, adjustments must be applied conservatively and consistently over time. Furthermore, where only limited data are available, or where technical limitations are such that estimates from any single method will be of uncertain quality, banks must add appropriate margins of conservatism in order to avoid over-optimism.
■ No particular type of VaR model (e.g. variance-covariance, historical simulation, or Monte Carlo) is prescribed. However, the model used must be able to capture adequately all of the material risks embodied in equity returns including both the general market risk and specific risk exposure of the institution ‘s equity portfolio. Internal models must adequately explain historical price variation, capture both the magnitude and changes in the composition of potential concentrations, and be robust to adverse market environments. The population of risk exposures represented in the data used for estimation must be closely matched to or at least comparable with those of the bank ‘s equity exposures.
■ Banks may also use modelling techniques such as historical scenario analysis to determine minimum capital requirements for banking book equity holdings. The use of such models is conditioned upon the institution demonstrating to its supervisor that the methodology and its output can be quantified in the form of the loss percentile specified under (a).
■ Institutions must use an internal model that is appropriate for the risk profile and complexity of their equity portfolio. Institutions with material holdings with values that are highly non-linear in nature (e.g. equity derivatives, convertibles) must employ an internal model designed to capture appropriately the risks associated with such instruments.
■ Subject to supervisory review, equity portfolio correlations can be integrated into a bank ‘s internal risk measures. The use of explicit correlations (e.g. utilisation of a variance/covariance VaR model) must be fully documented and supported using empirical analysis. The appropriateness of implicit correlation assumptions will be evaluated by supervisors in their review of model documentation and estimation techniques.
■ Mapping of individual positions to proxies, market indices, and risk factors should be plausible, intuitive, and conceptually sound. Mapping techniques and processes should be fully documented and demonstrated with both theoretical and empirical evidence to be appropriate for the specific holdings. Where professional judgement is combined with quantitative techniques in estimating a holding ‘s return volatility, the judgement must take into account the relevant and material information not considered by the other techniques utilised.
■ Where factor models are used, either single or multi-factor models are acceptable depending upon the nature of an institution ‘s holdings. Banks are expected to ensure that the factors are sufficient to capture the risks inherent in the equity portfolio. Risk factors should correspond to the appropriate equity market characteristics (for example, public, private, market capitalisation industry sectors and sub-sectors, operational characteristics) in which the bank holds significant positions. While banks will have discretion in choosing the factors, they must demonstrate through empirical analyses the appropriateness of those factors, including their ability to cover both general and specific risk.
■ Estimates of the return volatility of equity investments must incorporate relevant and material available data, information, and methods. A bank may utilise independently reviewed internal data or data from external sources (including pooled data). The number of risk exposures in the sample, and the data period used for quantification must be sufficient to provide the bank with confidence in the accuracy and robustness of its estimates. Institutions should take appropriate measures to limit the potential of both sampling bias and survivorship bias in estimating return volatilities.
■ Risk Management processes and controls
A rigorous and comprehensive stress-testing programme must be in place. Banks are expected to subject their internal model and estimation procedures, including volatility computations, to either hypothetical or historical scenarios that reflect worst-case losses given underlying positions in both public and private equities. At a minimum, stress tests should be employed to provide information about the effect of tail events beyond the level of confidence assumed in the internal models approach.
Banks‘ overall risk management practices used to manage their banking book equity investments are expected to be consistent with the evolving sound practice guidelines issued by the Committee and national supervisors. With regard to the development and use of internal models for capital purposes, institutions must have established policies, procedures, and controls to ensure the integrity of the model and modelling process used to derive regulatory capital standards.
These policies, procedures, and controls should include the following:
■ Full integration of the internal model into the overall management information systems of the institution and in the management of the banking book equity portfolio. Internal models should be fully integrated into the institution ‘s risk management infrastructure including use in: (i) establishing investment hurdle rates and evaluating alternative investments; (ii) measuring and assessing equity portfolio performance (including the risk-adjusted performance); and (iii) allocating economic capital to equity holdings and evaluating overall capital adequacy as required under Pillar 2. The institution should be able to demonstrate, through for example, investment committee minutes, that internal model output plays an essential role in the investment management process.
■ Established management systems, procedures, and control functions for ensuring the periodic and independent review of all elements of the internal modelling process, including approval of model revisions, vetting of model inputs, and review of model results, such as direct verification of risk computations. Proxy and mapping techniques and other critical model components should receive special attention. These reviews should assess the accuracy, completeness, and appropriateness of model inputs and results and focus on both finding and limiting potential errors associated with known weaknesses and identifying unknown model weaknesses. Such reviews may be conducted as part of internal or external audit programmes, by an independent risk control unit, or by an external third party.
■ Adequate systems and procedures for monitoring investment limits and the risk exposures of equity investments.
■ The units responsible for the design and application of the model must be functionally independent from the units responsible for managing individual investments.
■ Parties responsible for any aspect of the modelling process must be adequately qualified. Management must allocate sufficient skilled and competent resources to the modelling function.
Under this method, the Bank should calculate the risk-weighted amount of its equity exposures by multiplying the potential loss of its equity exposures as derived by using its internal models (e.g. VaR models) subject to the one-tailed 99% confidence interval of the difference between quarterly returns of the exposures and an appropriate risk-free rate computed over a long-term observation period (i.e. not less than three years) by 12.5.
The risk-weighted amount calculated under the internal models method should be no less than the risk-weighted amount calculated under the simple risk weight method using a 200% risk-weight for equity exposure in a publicly traded company and a 300% risk-weight for all other equity exposures. Such minimum risk-weighted amount should be calculated separately using the simple risk-weight method at individual exposure level rather than at portfolio level.
(Please refer to Paragraph 525, 527 and 528 of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 5: Document Enhanced: SAMA’s Implementation Document Titled “Guidance on Application Procedures, for Adoption of the IRB Approach by Banks Licensed in Saudi Arabia”
Page 51 Guidance On Application Procedures “PD/LGD/EAD estimation”, For Adoption Of The IRB Approach By Banks Licensed In Saudi Arabia
The original paragraph was as follows
4.1.9 Banks may utilise internal data and data from external sources (including pooled data) in there own estimation. Where such data are used, banks should demonstrate that their estimates are representative of long run experience.
The revised paragraph would read as follows
Banks should make use of other quantitative validation tools and comparisons with external data sources. The analysis must be based on data that are appropriate to the portfolio, are updated regularly, and cover a relevant observation period. Banks‘ internal assessments of the performance of their own model must be based on long data histories, covering a range of economic conditions, and ideally one or more complete business cycles.
(Refer Paragraph 532 of International Convergence of Capital Measurement and Capital Standards – June 2006)
Page 19, 4.6.3, (last bullet point) Guidance On Application Procedures, For Adoption Of The IRB Approach By Banks Licensed In Saudi Arabia
The original bullet point read as follows:
Requirements for using models:
Banks should have procedures for management review of model-based rating assignments. Such procedures should focus on finding and limiting errors associated with model weaknesses. Banks should have a regular cycle of model validation that includes monitoring of model performance and stability, review of model relationships, and testing of model outputs against outcomes.
The revised bullet would read as follows:
Since the evaluation of actual performance to expected performance over time provides a basis for banks to refine and adjust internal models on an ongoing basis, it is expected that banks using internal models will have established well- articulated model review standards. These standards are especially important for situations where actual results significantly deviate from expectations and where the validity of the internal model is called into question. These standards must take account of business cycles and similar systematic variability in equity returns. All adjustments made to internal models in response to model reviews must be well documented and consistent with the bank‘s model review standards.
(Refer Paragraph 534 of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 6: Document Enhanced: SAMA's Finalized Guidance Document for the Implementation of Basel II.5 , 2012
The following guideline to read as part of Section 3.8 “Securitization liquidity facilities – IRB Approach”, Page 14 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
If a bank ‘s internal assessment process is no longer considered adequate, SAMA may preclude the bank from applying the internal assessment approach to its ABCP (Asset Backed Commercial Paper) exposures, both existing and newly originated, for determining the appropriate capital treatment until the bank has remedied the deficiencies. In this instance, the bank must revert to the Supervisory Formula or, if not available, to the method described in paragraph 639, International Convergence of Capital Measurement and Capital Standards
(Refer to Paragraph 622 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in Section G “IRB Approaches”, Page 23 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Liquidity Facility
Liquidity facilities are treated as any other securitisation exposure and receive a CCF of 100% unless specified differently in paragraphs 638 to 641 of International Convergence of Capital Measurement and Capital Standards – June 2006. If the facility is externally rated, the bank may rely on the external rating under the RBA. If the facility is not rated and an inferred rating is not available, the bank must apply the SF, unless the IAA can be applied.
An eligible liquidity facility that can only be drawn in the event of a general market disruption as defined in paragraph 580 of International Convergence of Capital Measurement and Capital Standards – June 2006, is assigned a 20% CCF under the SF. That is, an IRB bank is to recognise 20% of the capital charge generated under the SF for the facility. If the eligible facility is externally rated, the bank may rely on the external rating under the RBA provided it assigns a 100% CCF rather than a 20% CCF to the facility.
When it is not practical for the bank to use either the bottom-up approach or the top-down approach for calculating KIRB, the bank may, on an exceptional basis and subject to SAMA‘s consent, temporarily be allowed to apply the following method. If the liquidity facility meets the definition in paragraph 578 or 580 of International Convergence of Capital Measurement and Capital Standards – June 2006, the highest risk weight assigned under the standardised approach to any of the underlying individual exposures covered by the liquidity facility can be applied to the liquidity facility. If the liquidity facility meets the definition in paragraph 578 of International Convergence of Capital Measurement and Capital Standards – June 2006, the CCF must be 50% for a facility with an original maturity of one year or less, or 100% if the facility has an original maturity of more than one year. If the liquidity facility meets the definition in paragraph 580 of International Convergence of Capital Measurement and Capital Standards – June 2006, the CCF must be 20%. In all other cases, the notional amount of the liquidity facility must deducted.
(Refer to Paragraph 637- 639 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in Section G “IRB Approaches”, Page 23 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Treatment of credit risk mitigation for securitization exposures
As with the RBA, banks are required to apply the CRM techniques as specified in the foundation IRB approach of Section III when applying the SF. The bank may reduce the capital charge proportionally when the credit risk mitigant covers first losses or losses on a proportional basis. For all other cases, the bank must assume that the credit risk mitigant covers the most senior portion of the securitisation exposure (i.e. that the most junior portion of the securitisation exposure is uncovered). Examples for recognising collateral and guarantees under the SF are provided in Annex 7 of International Convergence of Capital Measurement and Capital Standards – June 2006.
(Refer to Paragraph 642 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in Section G “IRB Approaches”, Page 23 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Capital requirement for early amortization provision
An originating bank must use the methodology and treatment described in paragraphs 590 to 605 of International Convergence of Capital Measurement and Capital Standards – June 2006, for determining if any capital must be held against the investors' interest. For banks using the IRB approach to securitisation, investors 'interest is defined as investors 'drawn balances related to securitisation exposures and EAD associated with investors ‘undrawn lines related to securitisation exposures.
(Refer to Paragraph 643 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in B “Specific Changes with regard to Market Risk Under Basel II.5” - Page 20 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
709(iii). The capital charge for specific risk is designed to protect against an adverse movement in the price of an individual security owing to factors related to the individual issuer. In measuring the risk, offsetting will be restricted to matched positions in the identical issue (including positions in derivatives). Even if the issuer is the same, no offsetting will be permitted between different issues since differences in coupon rates, liquidity, call features, etc. mean that prices may diverge in the short run.
(Refer to Paragraph 709(iii) of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in Section 2 “Prudent valuation guidance ”, Page 70 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
The original paragraph was as follows:
Prudent valuation guidance
690. This section provides banks with guidance on prudent valuation for positions in the trading book. This guidance is especially important for less liquid positions which, although they will not be excluded from the trading book solely on grounds of lesser liquidity, raise supervisory concerns about prudent valuation.
The revised paragraph would read as follows:
Prudent valuation guidance
690). This section provides banks with guidance on prudent valuation for positions that are accounted for at fair value, whether they are in the trading book or in the banking book. This guidance is especially important for positions without actual market prices or observable inputs to valuation, as well as less liquid positions which, raise supervisory concerns about prudent valuation. The valuation guidance set forth below is not intended to require banks to change valuation procedures for financial reporting purposes. SAMA would assess a bank ‘s valuation procedures for consistency with this guidance. One factor in a supervisor ‘s assessment of whether a bank must take a valuation adjustment for regulatory purposes under paragraphs 718(cx) to 718(cxii) of International Convergence of Capital Measurement and Capital Standards – June 2006, should be the degree of consistency between the bank ‘s valuation procedures and these guidelines.
(Refer to revisions to the Basel II Market Risk Framework 2010 (718 c))
The following guideline to be included in Section 2 “Prudent valuation guidance” (i). Systems and controls, Page 70 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
The original paragraph was as follows:
Systems and controls
692. Banks must establish and maintain adequate systems and controls sufficient to give management and supervisors the confidence that their valuation estimates are prudent and reliable. These systems must be integrated with other risk management systems within the organisation (such as credit analysis). Such systems must include:
■ Documented policies and procedures for the process of valuation. This includes clearly defined responsibilities of the various areas involved in the determination of the valuation, sources of market information and review of their appropriateness, frequency of independent valuation, timing of closing prices, procedures for adjusting valuations, end of the month and ad-hoc verification procedures; and
■ Clear and independent (i.e. independent of front office) reporting lines for the department accountable for the valuation process. The reporting line should ultimately be to a main board executive director.
The revised paragraph would read as follows:
692. Banks must establish and maintain adequate systems and controls sufficient to give management and SAMA the confidence that their valuation estimates are prudent and reliable. These systems must be integrated with other risk management systems within the organisation (such as credit analysis). Such systems must include:
■ Documented policies and procedures for the process of valuation. This includes clearly defined responsibilities of the various areas involved in the determination of the valuation, sources of market information and review of their appropriateness, guidelines for the use of unobservable inputs reflecting the bank ‘s assumptions of what market participants would use in pricing the position, frequency of independent valuation, timing of closing prices, procedures for adjusting valuations, end of the month and ad-hoc verification procedures; and
■ Clear and independent (ie independent of front office) reporting lines for the department accountable for the valuation process. The reporting line should ultimately be to a main board executive director.
(Refer to revisions to the Basel II Market Risk Framework 2010 (718 cii))
The following guideline to be included in Section 2 “Prudent valuation guidance” (ii) Valuation Methodologies, Marking to Market, Page 70 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Original paragraph was as follows:
694. Banks must mark-to-market as much as possible. The more prudent side of bid/offer must be used unless the institution is a significant market maker in a particular position type and it can close out at mid-market.
The revised paragraph would read as follows:
Banks must mark-to-market as much as possible. The more prudent side of bid/offer should be used unless the institution is a significant market maker in a particular position type and it can close out at mid-market. Banks should maximise the use of relevant observable inputs and minimise the use of unobservable inputs when estimating fair value using a valuation technique. However, observable inputs or transactions may not be relevant, such as in a forced liquidation or distressed sale, or transactions may not be observable, such as when markets are inactive. In such cases, the observable data should be considered, but may not be determinative.
(Refer to revisions to the Basel II Market Risk Framework 2010 (718 civ))
The following guideline to be included in Section 2 “Prudent valuation guidance” (ii) Valuation Methodologies, Marking to Model, Page 70 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 212
(In addition to the original text)
The original paragraph was as follows
Marking to model
695. Where marking-to-market is not possible, banks may mark-to-model, where this can be demonstrated to be prudent. Marking-to-model is defined as any valuation which has to be benchmarked, extrapolated or otherwise calculated from a market input. When marking to model, an extra degree of conservatism is appropriate. Supervisory authorities will consider the following in assessing whether a mark-to-model valuation is prudent:
■ Senior management should be aware of the elements of the trading book which are subject to mark to model and should understand the materiality of the uncertainty this creates in the reporting of the risk/performance of the business.
■ Market inputs should be sourced, to the extent possible, in line with market prices (as discussed above). The appropriateness of the market inputs for the particular position being valued should be reviewed regularly.
■ Where available, generally accepted valuation methodologies for particular products should be used as far as possible.
■ Where the model is developed by the institution itself, it should be based on appropriate assumptions, which have been assessed and challenged by suitably qualified parties independent of the development process. The model should be developed or approved independently of the front office. It should be independently tested. This includes validating the mathematics, the assumptions and the software implementation.
■ There should be formal change control procedures in place and a secure copy of the model should be held and periodically used to check valuations.
■ Risk management should be aware of the weaknesses of the models used and how best to reflect those in the valuation output.
■ The model should be subject to periodic review to determine the accuracy of its performance (e.g. assessing continued appropriateness of the assumptions, analysis of P&L versus risk factors, comparison of actual close out values to model outputs).
■ Valuation adjustments should be made as appropriate, for example, to cover the uncertainty of the model valuation (see also valuation adjustments in 698 to 701).
The revised paragraph would read as follow
Only where marking-to-market is not possible, should banks mark-to-model, but this must be demonstrated to be prudent. Marking-to-model is defined as any valuation which has to be benchmarked, extrapolated or otherwise calculated from a market input. When marking to model, an extra degree of conservatism is appropriate. Supervisory authorities will consider the following in assessing whether a mark-to-model valuation is prudent:
■ Senior management should be aware of the elements of the trading book or of other fair-valued positions which are subject to mark to model and should understand the materiality of the uncertainty this creates in the reporting of the risk/performance of the business.
■ Market inputs should be sourced, to the extent possible, in line with market prices (as discussed above). The appropriateness of the market inputs for the particular position being valued should be reviewed regularly.
■ Where available, generally accepted valuation methodologies for particular products should be used as far as possible.
■ Where the model is developed by the institution itself, it should be based on appropriate assumptions, which have been assessed and challenged by suitably qualified parties independent of the development process. The model should be developed or approved independently of the front office. It should be independently tested. This includes validating the mathematics, the assumptions and the software implementation.
■ There should be formal change control procedures in place and a secure copy of the model should be held and periodically used to check valuations.
■ Risk management should be aware of the weaknesses of the models used and how best to reflect those in the valuation output.
■ The model should be subject to periodic review to determine the accuracy of its performance (eg assessing continued appropriateness of the assumptions, analysis of P&L versus risk factors, comparison of actual close out values to model outputs).
■ Valuation adjustments should be made as appropriate, for example, to cover the uncertainty of the model valuation (see also valuation adjustments in 698 to 701).
(Refer to revisions to the Basel II Market Risk Framework 2010 (718 cv))
The following guideline to be included in Section 2 “Prudent valuation guidance” (iii) Valuation adjustments or reserves, Page 71/72 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
The original paragraph was as follows:
698. Banks must establish and maintain procedures for considering valuation adjustments/reserves. Supervisory authorities expect banks using third-party valuations to consider whether valuation adjustments are necessary. Such considerations are also necessary when marking to model.
The revised paragraph would read as follow
698. As part of their procedures for marking to market, banks must establish and maintain procedures for considering valuation adjustments/reserves. Supervisory authorities expect banks using third-party valuations to consider whether valuation adjustments are necessary. Such considerations are also necessary when marking to model.
(Refer to revisions to the Basel II Market Risk Framework 2010 (718 cviii))
The following guideline would be a new subsection to be included in Section 2 “Prudent valuation guidance” (iv) Adjustment to the current valuation of less liquid positions for regulatory capital purposes, Page 71/72 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
Adjustment to the current valuation of less liquid positions for regulatory capital purposes
701 A. Banks must establish and maintain procedures for judging the necessity of and calculating an adjustment to the current valuation of less liquid positions for regulatory capital purposes. This adjustment may be in addition to any changes to the value of the position required for financial reporting purposes and should be designed to reflect the illiquidity of the position.SAMA expect banks to consider the need for an adjustment to a position ‘s valuation to reflect current illiquidity whether the position is marked to market using market prices or observable inputs, third-party valuations or marked to model.
Bearing in mind that assumptions made about liquidity in the market risk capital charge may not be consistent with the bank ‘s ability to sell or hedge out less liquid positions where appropriate, banks must take an adjustment to the current valuation of these positions and review their continued appropriateness on an on-going basis. Reduced liquidity may have arisen from market events. Additionally, close-out prices for concentrated positions and/or stale positions should be considered in establishing the adjustment. Banks must consider all relevant factors when determining the appropriateness of the adjustment for less liquid positions. These factors may include, but are not limited to, the amount of time it would take to hedge out the position/risks within the position, the average volatility of bid/offer spreads, the availability of independent market quotes (number and identity of market makers), the average and volatility of trading volumes (including trading volumes during periods of market stress), market concentrations, the aging of positions, the extent to which valuation relies on marking-to-model, and the impact of other model risks not included in paragraph 718 (cx), the Basel II Market Risk Framework 2010.
For complex products including, but not limited to, securitisation exposures and n-th-to-default credit derivatives, banks must explicitly assess the need for valuation adjustments to reflect two forms of model risk: the model risk associated with using a possibly incorrect valuation methodology; and the risk associated with using unobservable (and possibly incorrect) calibration parameters in the valuation model.
The adjustment to the current valuation of less liquid positions made under paragraph 718 (cxi), the Basel II Market Risk Framework 2010, must impact Tier 1 regulatory capital and may exceed those valuation adjustments made under financial reporting standards and paragraphs 718 (cviii) and 718 (cix), the Basel II Market Risk Framework 2010 (Refer to revisions to the Basel II Market Risk Framework 2010 (718 cx))
The following guideline to be included in B “Specific Changes with regard to Market Risk Under Basel II.5”, Page 20 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Original Paragraph to be deleted:
• Para 709 (ii)1 relating to co-relation Trading portfolio – refer to para 709.
• Para 709 (ii-1)1: Transitional period to 31/12/2013 for securitized exposure which are not included in the correlation trading portfolio according to para 709ii.
• Para 712 (ii)1 of the Basel II Framework relating to specific risk for unrated securitized securities will be amended.
• Changes as per para 712iii.
The amended paragraph would read as follows:
709(ii). The minimum capital requirement is expressed in terms of two separately calculated charges, one applying to the "specific risk" of each security, whether it is a short or a long position, and the other to the interest rate risk in the portfolio (termed "general market risk") where long and short positions in different securities or instruments can be offset. The bank must, however, determine the specific risk capital charge for the correlation trading portfolio as follows: The bank computes (i) the total specific risk capital charges that would apply just to the net long positions from the net long correlation trading exposures combined, and (ii) the total specific risk capital charges that would apply just to the net short positions from the net short correlation trading exposures combined. The larger of these total amounts is then the specific risk capital charge for the correlation trading portfolio.
709(ii-1-). During a transitional period until 31 December 2013, the bank may exclude positions in securitisation instruments which are not included in the correlation trading portfolio from the calculation according to paragraph 709(ii) and determine the specific risk capital charge as follows: The bank computes (i) the total specific risk capital charge that would apply just to the net long positions in securitisation instruments in the trading book, and (ii) the total specific risk capital charge that would apply just to the net short positions in securitisation instruments in the trading book. The larger of these total amounts is then the specific risk capital charge for the securitisation positions in the trading book. This calculation must be undertaken separately from the calculation for the correlation trading portfolio.
709(iii). The capital charge for specific risk is designed to protect against an adverse movement in the price of an individual security owing to factors related to the individual issuer. In measuring the risk, offsetting will be restricted to matched positions in the identical issue (including positions in derivatives). Even if the issuer is the same, no offsetting will be permitted between different issues since differences in coupon rates, liquidity, call features, etc. mean that prices may diverge in the short run. (This clause is also referred to in a row above, in this annexure)
712(ii). However, since this may in certain cases considerably underestimate the specific risk for debt instruments which have a high yield to redemption relative to government debt securities, SAMA will have the discretion:
• To apply a higher specific risk charge to such instruments; and/or
• To disallow offsetting for the purposes of defining the extent of general market risk between such instruments and any other debt instruments.
(Refer to Paragraph 709(ii), 709(ii-1-), and 712(ii) of Revisions to the Basel II Market Risk Framework – Dec 2010.)
(Refer to Paragraph 709(iii) International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guideline to be included in 718(xxi) “Specific and general Market Risk”, Page 87 of the SAMA’s Finalized Guidance Document for the Implementation of Basel II.5, 2012
(In addition to the original text)
Original Paragraph to be deleted:
718 (xxi) The capital charge for specific risk will be 8%, unless the portfolio is both liquid and well-diversified, in which case the charge will be 4%. Given the different characteristics of national markets in terms of marketability and concentration, national authorities will have discretion to determine the criteria for liquid and diversified portfolios. The general market risk charge will be 8%.
The amended paragraph would read as follows:
The capital charge for specific risk and for general market risk will each be 8%.
(Refer to Paragraph 718(xxi) of Revisions to the Basel II Market Risk Framework – Dec 2010.)
ANNEXURE 7: Document Enhanced: Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
The following guideline to be included in Section 4.3 “Qualitative Standards” (b), Page 46 of the SAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004 Qualitative Standards
The unit should also conduct the initial and on-going validation of the internal model.
The following footnotes to be included in Section 4.3 Qualitative Standards of theSAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
Page 46 Section 4.3 (b) - Further guidance regarding the standards that SAMA will expect can be found in paragraph 718(xcix) of Revisions to the Basel II market risk framework – Dec 2010
Page 46 Section 4.3 (c) - The report, Risk management guidelines for derivatives, issued by the Basel Committee in July 1994 further discusses the responsibilities of the board of directors and senior management.
Page 47 Section 4.3 (f) - Though banks will have some discretion as to how they conduct stress tests, their SAMA will wish to see that they follow the general lines set out in paragraphs 718(Lxxvii) to 718(Lxxxiiii) of Revisions to the Basel II market risk framework – Dec 2010f
(Refer to Paragraph 718(Lxxiv) of Revisions to the Basel II market risk framework – Dec 2010)
The following guideline is added to Section 4.4 “Specification of Market Risk Factors” (a), Page 48 of the SAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
Specification of market risk factors
(a) Factors that are deemed relevant for pricing should be included as risk factors in the value-at-risk model. Where a risk factor is incorporated in a pricing model but not in the value-at-risk model, the bank must justify this omission to the satisfaction of SAMA. In addition, the value-at-risk model must capture nonlinearities for options and other relevant products (e.g. mortgage-backed securities, tranched exposures or n-th-to-default credit derivatives), as well as correlation risk and basis risk (e.g. between credit default swaps and bonds). Moreover, SAMA has to be satisfied that proxies are used which show a good track record for the actual position held (i.e. an equity index for a position in an individual stock).
(Refer to Paragraph 718(Lxxv)(a) of Revisions to the Basel II Market Risk Frameworks – Dec 2010)
The following guideline to be included in Section 4.5 “Quantitative Standards”, Page 50 of the SAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
Quantitative standards
Original Paragraph to be deleted:
(c) In calculating value-at-risk, an instantaneous price shock equivalent to a 10 days movement in prices is to be used, i.e. the minimum "holding period" will be ten trading days. Banks may use value-at-risk numbers calculated according to shorter holding periods scaled up to ten days by the square root of time (for the treatment of options, also see (h) below).
The amended paragraph would reads as follows:
(c) In calculating value-at-risk, an instantaneous price shock equivalent to a 10 days movement in prices is to be used, i.e. the minimum "holding period" will be ten trading days. Banks may use value-at-risk numbers calculated according to shorter holding periods scaled up to ten days by the square root of time (for the treatment of options, also see (h) below). A bank using this approach must periodically justify the reasonableness of its approach to the satisfaction of SAMA.
Original Paragraph to be deleted:
(e) Banks should update their data sets no less frequently than once every three months and should also reassess them whenever market prices are subject to material changes. SAMA may also require a bank to calculate its value-at-risk using a shorter observation period if, in SAMA ‘s judgment, this is justified by a significant upsurge in price volatility.
The amended paragraph would reads as follows:
(e) Banks should update their data sets no less frequently than once every three months and should also reassess them whenever market prices are subject to material changes. This updating process must be flexible enough to allow for more frequent updates SAMA may also require a bank to calculate its value-at-risk using a shorter observation period if, in the SAMA ‘s judgment, this is justified by a significant upsurge in price volatility.
Original Paragraph to be deleted:
(i) Each bank must meet, on a daily basis, a capital requirement expressed as the higher of (I) its previous day‘s value- at-risk number measure according to the parameters specified in this section and (ii) an average of the daily value-at-risk measures on each of the preceding sixty business days, multiplied by a multiplication factor.
The amended paragraph would reads as follows:
(i) Each bank must meet, on a daily basis, a capital requirement expressed as the higher of (I) its previous day‘s value- at-risk number measure according to the parameters specified in this section and (ii) an average of the daily value-at-risk measures on each of the preceding sixty business days, multiplied by a multiplication factor.
In addition, a bank must calculate a ‗stressed value-at-risk‘ measure. This measure is intended to replicate a value-at-risk calculation that would be generated on the bank‘s current portfolio if the relevant market factors were experiencing a period of stress; and should therefore be based on the 10-day, 99th percentile, one-tailed confidence interval value-at- risk measure of the current portfolio, with model inputs calibrated to historical data from a continuous 12-month period of significant financial stress relevant to the bank‘s portfolio. The period used must be approved by SAMA and regularly reviewed. As an example, for many portfolios, a 12-month period relating to significant losses in 2007/2008 would adequately reflect a period of such stress; although other periods relevant to the current portfolio must be considered by the bank.
As no particular model is prescribed under paragraph (f) above, different techniques might need to be used to translate the model used for value-at-risk into one that delivers a stressed value-at-risk. For example, banks should consider applying anti-thetic14 data, or applying absolute rather than relative volatilities to deliver an appropriate stressed value- at-risk. The stressed value-at-risk should be calculated at least weekly.
Each bank must meet, on a daily basis, a capital requirement expressed as the sum of:
■ The higher of (1i) its previous day‘s value-at-risk number measured according to the parameters specified in this section (VaRt-1); and (2ii) an average of the daily value-at-risk measures on each of the preceding sixty business days (VaRavg), multiplied by a multiplication factor (mc);
plus.
■ The higher of (1) its latest available stressed-value-at-risk number calculated according to (i) above (sVaRt-1); and (2) an average of the stressed value-at-risk numbers calculated according to (i) above over the preceding sixty business days (sVaRavg), multiplied by a multiplication factor (ms).
Therefore, the capital requirement (c) is calculated according to the following formula:
Original Paragraph to be deleted:
(j) The multiplication factor will be set by SAMA on the basis of their assessment of the quality of the bank‘s risk management system, subject to an absolute minimum of 3. Banks will be required to add to this factor a "plus" directly related to the ex-post performance of the model, thereby introducing a built-in positive incentive to keep high the predictive quality of the model. The plus will range from 0 to 1 based on the outcome of so-called "backtesting". If the backtesting results are satisfactory and the bank meets all of the qualitative and quantative standards the plus factor could be zero.
In specific the following methods is to be appropriated:
Multiplication Factor
The multiplication factor is the summation of the following three elements.
(a) The minimum multiplication factor of 3;
(b) The "plus" factor ranging from 0 to 1 based on the number of back testing exceptions in the past 250 trading days as set out in Table below, or the backtesting "plus" factor agreed with SAMA; and
(c) Any additional "plus" factor as agreed with SAMA
"Plus" Factor Based on the Number of Backtesting
Exceptions for the Past 250 Trading Days
Number of Exceptions "Plus" factor
0 0.00 1 0.00 Green zone 2 0.00 3 0.00 4 0.00 5 0.40 6 0.50 Yellow zone 7 0.65 8 0.75 9 0.85 Red zone 10 or more 1.00
The amended paragraph would reads as follows:
The multiplication factors mc and ms will be set by SAMA on the basis of their assessment of the quality of the bank‘s risk management system, subject to an absolute minimum of 3 for mc and an absolute minimum of 3 for ms. Banks will be required to add to these factors a "plus" directly related to the ex-post performance of the model, thereby introducing a built-in positive incentive to maintain the predictive quality of the model. The plus will range from 0 to 1 based on the outcome of so-called "backtesting. " The backtesting results applicable for calculating the plus are based on value-at-risk only and not stressed value-at-risk. If the backtesting results are satisfactory and the bank meets all of the qualitative standards set out in paragraph 718(Lxxiv), Revisions to the Basel II Market Risk Frameworks – Dec 2010, the plus factor could be zero. The Annex 10a of this Framework (International Convergence of Capital Measurement and Capital Standards – June 2006) presents in detail the approach to be applied for backtesting and the plus factor. SAMA will have national discretion to require banks to perform backtesting on either hypothetical (i.e. using changes in portfolio value that would occur were end-of-day positions to remain unchanged), or actual trading (i.e. excluding fees, commissions, and net interest income) outcomes, or both.
Original Paragraph to be deleted:
(k) As stated earlier in Section 4.1 banks using models will be subject to a separate capital charge to cover the specific risk of interest rate related instruments and equity securities as defined in the standardized approach to the extent that this risk is not incorporated into their models. However, for banks using models, the total specific risk charge applied to interest rate related instruments or to equities should in no case be less than half the specific risk charges calculated according to the standardized methodology.
The amended paragraph would reads as follows:
Banks using models will also be subject to a capital charge to cover specific risk (as defined under the standardised approach for market risk) of interest rate related instruments and equity securities. The manner in which the specific risk capital charge is to be calculated is set out in paragraphs 718(Lxxxvii) to 718(xcviii), Revisions to the Basel II Market Risk Frameworks – Dec 2010
The following footnotes to be included in Section 4.5 of the SAMA‘s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
Page 50 Section 4.5 (d) - A bank may calculate the value-at-risk estimate using a weighting scheme that is not fully consistent with (d) as long as that method results in a capital charge at least as conservative as that calculated according to (d)
Page 52 Section 4.5 (j) - Firms should consider modelling valuation changes that are based on the magnitude of historic price movements, applied in both directions – irrespective of the direction of the historic movement.
(Refer to Paragraph 718(Lxxvi) of Revisions to the Basel II Market Risk Frameworks – Dec 2010)
The following guidelines to be included in Section 4.9 “Combination of Internal Models and the Standardized Methodology” point (a) Pg 58 of theSAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
(The following is added to the original content)
However, banks may incur risks in positions which are not captured by their models, for example, in remote locations, in minor currencies or in negligible business areas. Such risks should be measured according to the standardised methodology
(Refer to Paragraph 718(Lxxxvi) of Revisions to the Basel II market risk framework – Dec 2010)
The following guidelines to be included in Section 4.7" Stress Testing" (a)Scenarios requiring no simulations by the bank, Pg 56 of the SAMA‘s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004
The original paragraph was as follows
Scenarios requiring a simulation by the bank.
Banks should subject their portfolios to a series of simulated stress scenarios and provide SAMA with the results. These scenarios could include testing the current portfolio against past periods of significant disturbance, for example the 1987 equity crash, the ERM crisis of 1993 or the fall in bond markets in the first quarter of 1994, incorporating both the large price movements and the sharp reduction in liquidity associated with these events. A second type of scenario would evaluate the sensitivity of the bank‘s market risk exposure to changes in the assumptions about volatilities and correlation. Applying this test would require an evaluation of the historical range of variation for volatilities and correlation‘s and evaluation of the bank‘s current positions against the extreme values of the historical range. Due consideration should be given to the sharp variation that at times has occurred in a matter of days in periods of significant market disturbance. The 1987 equity crash, the suspension of the ERM, or the fall in bond markets in the first quarter of 1994, for example, all involved correlation within risk factors approaching the extreme values of 1 or -1 for several days at the height of the disturbance.
The revised paragraph would read as follows:
Scenarios requiring a simulation by the bank
Banks should subject their portfolios to a series of simulated stress scenarios and provide SAMA with the results. These scenarios could include testing the current portfolio against past periods of significant disturbance, for example, the 1987 equity crash, the Exchange Rate Mechanism crises of 1992 and 1993 or, the fall in bond markets in the first quarter of 1994, the 1998 Russian financial crisis, the 2000 bursting of the technology stock bubble or the 2007/2008 sub-prime crisis, incorporating both the large price movements and the sharp reduction in liquidity associated with these events. A second type of scenario would evaluate the sensitivity of the bank‘s market risk exposure to changes in the assumptions about volatilities and correlations. Applying this test would require an evaluation of the historical range of variation for volatilities and correlations and evaluation of the bank‘s current positions against the extreme values of the historical range. Due consideration should be given to the sharp variation that at times has occurred in a matter of days in periods of significant market disturbance. For example, the above-mentioned situations involved correlations within risk factors approaching the extreme values of 1 or -1 for several days at the height of the disturbance.
(Refer to Paragraph 718 (Lxxxii of Revisions to the Basel II Market Risk Frameworks – Dec 2010
The following guidelines to be included as a separate section “Treatment of specific risk” on Pg 53 of the SAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004 as a replacement of the original section 4.6, Specific Risk Calculation, Pg 53 of theSAMA’s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004.
Where a bank has a VaR measure that incorporates specific risk from equity risk positions and where the supervisor has determined that the bank meets all the qualitative and quantitative requirements for general market risk models, as well as the additional criteria and requirements set out in paragraphs 718(Lxxxviii) to 718(xci-2-) Revisions to the Basel II market risk framework – Dec 2010, the bank is not required to subject its equity positions to the capital charge according to the standardised measurement method as specified in paragraphs 718(xix) to 718(xxviii) Revisions to the Basel II market risk framework – Dec 2010.
For interest rate risk positions other than securitisation exposures and n-th-to-default credit derivatives, the bank will not be required to subject these positions to the standardised capital charge for specific risk, as specified in paragraphs 709(ii) to 718, Revisions to the Basel II market risk framework – Dec 2010, when all of the following conditions hold:
■ The bank has a value-at-risk measure that incorporates specific risk and SAMA has determined that the bank meets all the qualitative and quantitative requirements for general market risk models, as well as the additional criteria and requirements set out in paragraphs 718(Lxxxviii) to 718(xci-2-), Revisions to the Basel II market risk framework – Dec 2010; and
■ SAMA is satisfied that the bank ‘s internally developed approach adequately captures incremental default and migration risks for positions subject to specific interest rate risk according to the standards laid out in paragraphs 718(xcii) and 718(xciii), Revisions to the Basel II market risk framework – Dec 2010.
The bank is allowed to include its securitisation exposures and n-th-to-default credit derivatives in its value-at-risk measure. Notwithstanding, it is still required to hold additional capital for these products according to the standardised measurement methodology, with the exceptions noted in paragraphs 718(xcv) to 718(xcviii), Revisions to the Basel II market risk framework – Dec 2010.
Treatment of specific risk
The criteria for supervisory recognition of banks 'modelling of specific risk require that a bank ‘s model must capture all material components of price risk Banks need not capture default and migration risks for positions subject to the incremental risk capital charge referred to in paragraphs 718(xcii) and 718(xciii) Revisions to the Basel II market risk framework – Dec 2010) and be responsive to changes in market conditions and compositions of portfolios. In particular, the model must:
• Explain the historical price variation in the portfolio; (The key ex ante measures of model quality are "goodness-of-fit" measures which address the question of how much of the historical variation in price value is explained by the risk factors included within the model. One measure of this type which can often be used is an R-squared measure from regression methodology. If this measure is to be used, the risk factors included in the bank ‘s model would be expected to be able to explain a high percentage, such as 90% of the historical price variation or the model should explicitly include estimates of the residual variability not captured in the factors included in this regression. For some types of models, it may not be feasible to calculate a goodness-of-fit measure. In such instance, a bank is expected to work with SAMA to define an acceptable alternative measure which would meet this regulatory objective.)
• Capture concentrations (magnitude and changes in composition); (The bank would be expected to demonstrate that the model is sensitive to changes in portfolio construction and that higher capital charges are attracted for portfolios that have increasing concentrations in particular names or sectors.)
• Be robust to an adverse environment; (The bank should be able to demonstrate that the model will signal rising risk in an adverse environment. This could be achieved by incorporating in the historical estimation period of the model at least one full credit cycle and ensuring that the model would not have been inaccurate in the downward portion of the cycle. Another approach for demonstrating this is through simulation of historical or plausible worst-case environments.)
• Capture name-related basis risk; (Banks should be able to demonstrate that the model is sensitive to material idiosyncratic differences between similar but not identical positions, for example debt positions with different levels of subordination, maturity mismatches, or credit derivatives with different default events.)
• Capture event risk; (For equity positions, events that are reflected in large changes or jumps in prices must be captured, e.g. merger break-ups/takeovers. In particular, firms must consider issues related to survivorship bias.)
• Be validated through backtesting (Aimed at assessing whether specific risk, as well as general market risk, is being captured adequately.)
The bank's model must conservatively assess the risk arising from less liquid positions and/or positions with limited price transparency under realistic market scenarios. In addition, the model must meet minimum data standards. Proxies may be used only where available data is insufficient or is not reflective of the true volatility of a position or portfolio, and only where they are appropriately conservative.
Further, as techniques and best practices evolve, banks should avail themselves of these advances.
1- Banks which apply modelled estimates of specific risk are required to conduct backtesting aimed at assessing whether specific risk is being accurately captured. The methodology a bank should use for validating its specific risk estimates is to perform separate backtests on sub-portfolios using daily data on sub-portfolios subject to specific risk. The key sub- portfolios for this purpose are traded debt and equity positions. However, if a bank itself decomposes its trading portfolio into finer categories (e.g. emerging markets, traded corporate debt, etc.), it is appropriate to keep these distinctions for sub-portfolio backtesting purposes. Banks are required to commit to a sub-portfolio structure and stick to it unless it can be demonstrated to SAMA that it would make sense to change the structure.
2- Banks are required to have in place a process to analyse exceptions identified through the backtesting of specific risk. This process is intended to serve as the fundamental way in which banks correct their models of specific risk in the event, they become inaccurate. There will be a presumption that models that incorporate specific risk are "unacceptable" if the results at the sub-portfolio level produce a number of exceptions commensurate with the Red Zone as defined in Annex 10a of this Framework (International Convergence of Capital Measurement and Capital Standards – June 2006). Banks with "unacceptable" specific risk models are expected to take immediate action to correct the problem in the model and to ensure that there is a sufficient capital buffer to absorb the risk that the backtest showed had not been adequately captured.
In addition,
The bank must have an approach in place to capture in its regulatory capital default risk and migration risk in positions subject to a capital charge for specific interest rate risk, with the exception of securitisation exposures and n-th-to-default credit derivatives, that are incremental to the risks captured by the VaR-based calculation as specified in paragraph 718(Lxxxviii) of Revisions to the Basel II market risk framework – Dec 2010 ("incremental risks"). No specific approach for capturing the incremental default risks is prescribed; The Committee provides guidelines to specify the positions and risks to be covered by this incremental risk capital charge. meets its aim.
The bank must demonstrate that it the approach used to capture incremental risks meets a soundness standard comparable to that of the internal-ratings based approach for credit risk as set forth in this Framework, under the assumption of a constant level of risk, and adjusted where appropriate to reflect the impact of liquidity, concentrations, hedging, and optionality. A bank that does not capture the incremental default risks through an internally developed approach must use the specific risk capital charges under the standardised measurement method as set out in paragraphs 710 to 718 and 718(xxi) of Revisions to the Basel II market risk framework – Dec 2010 / International Convergence of Capital Measurement and Capital Standards – June 2006 (for paragraph not superseded by Revisions to the Basel II market risk framework, 2010.
Subject toSAMA‘s approval, a bank may incorporate its correlation trading portfolio in an internally developed approach that adequately captures not only incremental default and migration risks, but all price risks ("comprehensive risk measure"). The value of such products is subject in particular to the following risks which must be adequately captured:
• the cumulative risk arising from multiple defaults, including the ordering of defaults, in tranched products;
• credit spread risk, including the gamma and cross-gamma effects;
• volatility of implied correlations, including the cross effect between spreads and correlations;
• basis risk, including both:
• the basis between the spread of an index and those of its constituent single names; and
• the basis between the implied correlation of an index and that of bespoke portfolios;
• recovery rate volatility, as it relates to the propensity for recovery rates to affect tranche prices; and
• to the extent the comprehensive risk measure incorporates benefits from dynamic hedging, the risk of hedge slippage and the potential costs of rebalancing such hedges.
The approach must meet all of the requirements specified in paragraphs 718(XCiii), 718(XCvi) and 718(xcvii) of Revisions to the Basel II market risk framework – Dec 2010. This exception only applies to banks that are active in buying and selling these products. For the exposures that the bank does incorporate in this internally developed approach, the bank will be required to subject them to a capital charge equal to the higher of the capital charge according to this internally developed approach and 8% of the capital charge for specific risk according to the standardised measurement method. It will not be required to subject these exposures to the treatment according to paragraph 718(XCiii) of Revisions to the Basel II market risk framework – Dec 2010. It must, however, incorporate them in both the value-at-risk and stressed value-at-risk measures
For a bank to apply this exception, it must
• Have sufficient market data to ensure that it fully captures the salient risks of these exposures in its comprehensive risk measure in accordance with the standards set forth above;
• Demonstrate (for example, through backtesting) that its risk measures can appropriately explain the historical price variation of these products; and
• Ensure that it can separate the positions for which it holds approval to incorporate them in its comprehensive risk measure from those positions for which it does not hold this approval.
In addition to these data and modelling criteria, for a bank to apply this exception it must regularly apply a set of specific, predetermined stress scenarios to the portfolio that receives internal model regulatory capital treatment (i.e., the ‗correlation trading portfolio‘). These stress scenarios will examine the implications of stresses to (i) default rates, (ii) recovery rates, (iii) credit spreads, and (iv) correlations on the correlation trading desk‘s P&L. The bank must apply these stress scenarios at least weekly and report the results, including comparisons with the capital charges implied by the banks‘ internal model for estimating comprehensive risks, at least quarterly to SAMA. Any instances where the stress tests indicate a material shortfall of the comprehensive risk measure must be reported to SAMA in a timely manner. Based on these stress testing results, SAMA may impose a supplemental capital charge against the correlation trading portfolio, to be added to the bank‘s internally modelled capital requirement. For guidance on conducting stress tests for correlation trading portfolio, refer Annex of Revisions to the Basel II market risk framework – Dec 2010.
A bank must calculate the incremental risk measure according to paragraph 718(xcii) of Revisions to the Basel II market risk framework – Dec 2010, and the comprehensive risk measure according to paragraph 718(xcv) of Revisions to the Basel II market risk framework – Dec 2010, at least weekly, or more frequently as directed by SAMA. The capital charge for incremental risk is given by a scaling factor of 1.0 times the maximum of (i) the average of the incremental risk measures over 12 weeks; and (ii) the most recent incremental risk measure. Likewise, the capital charge for comprehensive risk is given by a scaling factor of 1.0 times the maximum of (i) the average of the comprehensive risk measures over 12 weeks; and (ii) the most recent comprehensive risk measure. Both capital charges are added up. There will be no adjustment for double counting between the comprehensive risk measure and any other risk measures.
(Refer to Paragraph 718(xc) of Revisions to the Basel II market risk framework – Dec 2010)
The following guidelines to be included as a separate section "Model Validation Standards" on Pg 55 of the SAMA‘s Detailed Guidelines Notes on the Maintenance of Adequate Capital Against Market Risk by Saudi Banks, 2004 Model Validation Standards
It is important that banks have processes in place to ensure that their internal models have been adequately validated by suitably qualified parties independent of the development process to ensure that they are conceptually sound and adequately capture all material risks. This validation should be conducted when the model is initially developed and when any significant changes are made to the model. The validation should also be conducted on a periodic basis but especially where there have been any significant structural changes in the market or changes to the composition of the portfolio which might lead to the model no longer being adequate. More extensive model validation is particularly important where specific risk is also modelled and is required to meet the further specific risk criteria. As techniques and best practices evolve, banks should avail themselves of these advances. Model validation should not be limited to backtesting, but should, at a minimum, also include the following:
(a) Tests to demonstrate that any assumptions made within the internal model are appropriate and do not underestimate risk. This may include the assumption of the normal distribution, the use of the square root of time to scale from a one day holding period to a 10-day holding period or where extrapolation or interpolation techniques are used, or pricing models;
(b) Further to the regulatory backtesting programmes, testing for model validation should be carried out using additional tests, which may include, for instance:
• Testing carried out using hypothetical changes in portfolio value that would occur were end-of-day positions to remain unchanged. It therefore excludes fees, commissions, bid-ask spreads, net interest income and intra-day trading;
• Testing carried out for longer periods than required for the regular backtesting programme (e.g. 3 years). The longer time period generally improves the power of the backtesting. A longer time period may not be desirable if the VaR model or market conditions have changed to the extent that historical data is no longer relevant;
• Testing carried out using confidence intervals other than the 99 percent interval required under the quantitative standards;
• Testing of portfolios below the overall bank level;
(c) The use of hypothetical portfolios to ensure that the model is able to account for particular structural features that may arise, for example:
Where data histories for a particular instrument do not meet the quantitative standards in paragraph 718(Lxxvi) and where the bank has to map these positions to proxies, then the bank must ensure that the proxies produce conservative results under relevant market scenarios;
• Ensuring that material basis risks are adequately captured. This may include mismatches between long and short positions by maturity or by issuer;
• Ensuring that the model captures concentration risk that may arise in an undiversified portfolio.
(Refer to Paragraph 718(xcix) of Revisions to the Basel II market risk framework – Dec 2010)
ANNEXURE 8: Document Enhanced: Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
The following guidelines to be included in Pg 5 Section 1.2 “Background and Scope” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
SAMA requires formal interaction intended to foster an active dialogue between banks and SAMA such that when deficiencies are identified, prompt and decisive action can be taken to reduce risk or restore capital.
Accordingly, SAMA may adopt an approach to focus more intensely on those banks with risk profiles or operational experience that warrants such attention.
(Refer to Paragraph 722 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 6 Section 2.3 “Determination of the minimum CAR and or other supervisory measures” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Other means for addressing risk, such as strengthening risk management, applying internal limits, strengthening the level of provisions and reserves, and improving internal controls, would also be considered by SAMA
(Refer to Paragraph 723 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 5.3 “Preliminary Assessment of Inherent additional Risks” of theSAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
A further important aspect of Pillar 2 is the assessment of compliance with the minimum standards and disclosure requirements of the more advanced methods in Pillar 1, in particular the IRB framework for credit risk and the Advanced Measurement Approaches for operational risk. SAMA must ensure that these requirements are being met, both as qualifying criteria and on a continuing basis.
(Refer to Paragraph 724 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 16 Section 6.2.8 “SAMA's Standards #8: Documentation of CAAP” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
The bank ‘s board of directors has responsibility for setting the bank ‘s tolerance for risks.
(Refer to Paragraph 730 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 5.3 “Preliminary Assessment of Inherent additional Risks” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Credit risk: Banks should have methodologies that enable them to assess the credit risk involved in exposures to individual borrowers or counterparties as well as at the portfolio level. For more sophisticated banks, the credit review assessment of capital adequacy, at a minimum, should cover four areas: risk rating systems, portfolio analysis/aggregation, securitization/complex credit derivatives, and large exposures and risk concentrations.
Internal risk ratings should be adequate to support the identification and measurement of risk from all credit exposures, and should be integrated into an institution ‘s overall analysis of credit risk and capital adequacy. The ratings system should provide detailed ratings for all assets, not only for criticized or problem assets. Loan loss reserves should be included in the credit risk assessment for capital adequacy.
The analysis of credit risk should adequately identify any weaknesses at the portfolio level, including any concentrations of risk. It should also adequately take into consideration the risks involved in managing credit concentrations and other portfolio issues through such mechanisms as securitization programmes and complex credit derivatives.
Further, the analysis of counterparty credit risk should include consideration of public evaluation of the supervisor ‘s compliance with the Core Principles for Effective Banking Supervision.
(Refer to Paragraph 733-735 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 5.3 “Preliminary Assessment of Inherent additional Risks” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Operational Risk
A bank should develop a framework for managing operational risk and evaluate the adequacy of capital given this framework. The framework should cover the bank ‘s appetite and tolerance for operational risk, as specified through the policies for managing this risk, including the extent and manner in which operational risk is transferred outside the bank. It should also include policies outlining the bank ‘s approach to identifying, assessing, monitoring and controlling/mitigating the risk.
(Refer to Paragraph 737 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 5.3 “Preliminary Assessment of Inherent additional Risks” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Market Risk
For more sophisticated banks, their assessment of internal capital adequacy for market risk, at a minimum, should be based on both VaR modelling and stress testing, including an assessment of concentration risk and the assessment of illiquidity under stressful market scenarios, although all firms 'assessments should include stress testing appropriate to their trading activity.
(i). VaR is an important tool in monitoring aggregate market risk exposures and provides a common metric for comparing the risk being run by different desks and business lines. A bank ‘s VaR model should be adequate to identify and measure risks arising from all its trading activities and should be integrated into the bank ‘s overall internal capital assessment as well as subject to rigorous on-going validation. A VaR model estimates should be sensitive to changes in the trading book risk profile.
(ii). Banks must supplement their VaR model with stress tests (factor shocks or integrated scenarios whether historic or hypothetical) and other appropriate risk management techniques. In the bank‘s internal capital assessment it must demonstrate that it has enough capital to not only meet the minimum capital requirements but also to withstand a range of severe but plausible market shocks. In particular, it must factor in, where appropriate:
• Illiquidity/gapping of prices;
• Concentrated positions (in relation to market turnover);
• One-way markets;
• Non-linear products/deep out-of-the money positions;
• Events and jumps-to-defaults;
• Significant shifts in correlations;
• Other risks that may not be captured appropriately in VaR (e.g. recovery rate uncertainty, implied correlations, or skew risk).
The stress tests applied by a bank and, in particular, the calibration of those tests (e.g. the parameters of the shocks or types of events considered) should be reconciled back to a clear statement setting out the premise upon which the bank‘s internal capital assessment is based (e.g. ensuring there is adequate capital to manage the traded portfolios within stated limits through what may be a prolonged period of market stress and illiquidity, or that there is adequate capital to ensure that, over a given time horizon to a specified confidence level, all positions can be liquidated or the risk hedged in an orderly fashion). The market shocks applied in the tests must reflect the nature of portfolios and the time it could take to hedge out or manage risks under severe market conditions.
(iii). Concentration risk should be pro-actively managed and assessed by firms and concentrated positions should be routinely reported to senior management.
(iv). Banks should design their risk management systems, including the VaR methodology and stress tests, to properly measure the material risks in instruments they trade as well as the trading strategies they pursue. As their instruments and trading strategies change, the VaR methodologies and stress tests should also evolve to accommodate the changes.
(v). Banks must demonstrate how they combine their risk measurement approaches to arrive at the overall internal capital for market risk.
(Refer to Paragraph 738 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 13 Section 6.2.2 “SAMA's Standards #2” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Monitoring and reporting
The bank ‘s senior management or board of directors should, on a regular basis, receive reports on the bank ‘s risk profile and capital needs. These reports should allow senior management to:
• Evaluate the level and trend of material risks and their effect on capital levels;
• Evaluate the sensitivity and reasonableness of key assumptions used in the capital assessment measurement system;
• Determine that the bank holds sufficient capital against the various risks and is in compliance with established capital adequacy goals; and
• Assess its future capital requirements based on the bank ‘s reported risk profile and make necessary adjustments to the bank‘s strategic plan accordingly.
(Refer to Paragraph 743 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 11 Section 5.6 “On-going monitoring of Capital Adequacy” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
As part of the supervisory review process, SAMA would ensure that these conditions are being met on an ongoing basis.
(Refer to Paragraph 753 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 5.3 “Preliminary Assessment of Inherent additional Risks” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Supervisory review of compliance with minimum standards
There is also an important role for SAMA ‘s to review of compliance with certain conditions and requirements set for standardized approaches. In this context, there will be a particular need to ensure that use of various instruments that can reduce Pillar 1 capital requirements are utilized and understood as part of a sound, tested, and properly documented risk management process.
(Refer to Paragraph 755 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 12 Paragraph 6.1.3 (part of Section 6.1 General) of theSAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Supervisory response
SAMA typically requires (or encourages) banks to operate with a buffer, over and above the Pillar 1 standard. Banks should maintain this buffer for a combination of the following:
a) Pillar 1 minimums are anticipated to be set to achieve a level of bank creditworthiness in markets that is below the level of creditworthiness sought by many banks for their own reasons. For example, most international banks appear to prefer to be highly rated by internationally recognized rating agencies. Thus, banks are likely to choose to operate above Pillar 1 minimums for competitive reasons.
b) In the normal course of business, the type and volume of activities will change, as will the different risk exposures, causing fluctuations in the overall capital ratio.
c) It may be costly for banks to raise additional capital, especially if this needs to be done quickly or at a time when market conditions are unfavourable.
d) For banks to fall below minimum regulatory capital requirements is a serious matter. It may place banks in breach of the relevant law and/or prompt non-discretionary corrective action on the part of supervisors.
e) There may be risks, either specific to individual banks, or more generally to an economy at large, that are not taken into account in Pillar 1
(Refer to Paragraph 757 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 12 Paragraph 6.1.3 (Part of Section 6.1 General) of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Supervisory response
There are several means available to SAMA for ensuring that individual banks are operating with adequate levels of capital. Among other methods, SAMA may set trigger and target capital ratios or define categories above minimum ratios (e.g. well capitalized and adequately capitalized) for identifying the capitalization level of the bank.
(Refer to Paragraph 758 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 6 Section 2.3 “Determination of the minimum CAR and or other supervisory measures” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Supervisory response
The permanent solution to banks‘ difficulties is not always increased capital. However, some of the required measures (such as improving systems and controls) may take a period of time to implement. Therefore, increased capital might be used as an interim measure while permanent measures to improve the bank ‘s position are being put in place.
Once these permanent measures have been put in place and have been seen by SAMA to be effective, the interim increase in capital requirements can be removed.
(Refer to Paragraph 760 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 14 Section 6.2.6 “SAMA's Standards #6: Setting of capital adequacy goals” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Interest rate risk in the banking book
If SAMA determine that banks are not holding capital commensurate with the level of interest rate risk, they must require the bank to reduce its risk, to hold a specific additional amount of capital or some combination of the two. SAMA should be particularly attentive to the sufficiency of capital of ‗outlier banks 'where economic value declines by more than 20% of the sum of Tier 1 and Tier 2 capital as a result of a standardized interest rate shock (200 basis points) or its equivalent, as described in the supporting document Principles for the Management and Supervision of Interest Rate Risk
(Refer to Paragraph 764 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 14 Section 6.2.6 “SAMA's Standards #6: Setting of capital adequacy goals” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Credit Risk – Stress testing under IRB approaches
SAMA may wish to review how the stress test has been carried out. The results of the stress test will thus contribute directly to the expectation that a bank will operate above the Pillar 1 minimum regulatory capital ratios. SAMA will consider whether a bank has sufficient capital for these purposes. To the extent that there is a shortfall, SAMA will react appropriately. This will usually involve requiring the bank to reduce its risks and/or to hold additional capital/provisions, so that existing capital resources could cover the Pillar 1 requirements plus the result of a recalculated stress test.
(Refer to Paragraph 765 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 14 section 6.2.6 “SAMA's Standards #6: Setting of capital adequacy goals” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
2. Definition of default
SAMA will assess individual banks application of the reference definition of default and its impact on capital requirements. In particular, SAMA will focus on the impact of deviations from the reference definition according to paragraph 456 (use of external data or historic internal data not fully consistent with the reference definition of default).
(Refer to Paragraph 766 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 18 Section “Compliance with Pillar 2” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
3. Residual risk
The Framework allows banks to offset credit or counterparty risk with collateral, guarantees or credit derivatives, leading to reduced capital charges. While banks use credit risk mitigation (CRM) techniques to reduce their credit risk, these techniques give rise to risks that may render the overall risk reduction less effective. Accordingly, these risks (e.g. legal risk, documentation risk, or liquidity risk) to which banks are exposed are of SAMA ‘s concern. Where such risks arise, and irrespective of fulfilling the minimum requirements set out in Pillar 1, a bank could find itself with greater credit risk exposure to the underlying counterparty than it had expected. Examples of these risks include:
• Inability to seize, or realize in a timely manner, collateral pledged (on default of the counterparty);
• Refusal or delay by a guarantor to pay; and
• Ineffectiveness of untested documentation
(Refer to Paragraph 767 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 14 Section 6.2.4 “SAMA's Standards #4: Risk management policies and procedures” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Residual risk
Therefore, SAMA will require banks to have in place appropriate written CRM policies and procedures in order to control these residual risks. A bank may be required to submit these policies and procedures to SAMA and must regularly review their appropriateness, effectiveness and operation.
(Refer to Paragraph 768 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 14 Section 6.2.6 “SAMA's Standards #6: Setting of capital adequacy goals” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Residual risk
In its CRM policies and procedures, a bank must consider whether, when calculating capital requirements, it is appropriate to give the full recognition of the value of the credit risk mitigant as permitted in Pillar 1 and must demonstrate that its CRM management policies and procedures are appropriate to the level of capital benefit that it is recognizing. Where SAMA is not satisfied as to the robustness, suitability or application of these policies and procedures they may direct the bank to take immediate remedial action or hold additional capital against residual risk until such time as the deficiencies in the CRM procedures are rectified to the satisfaction of SAMA. For example, SAMA may direct a bank to:
• Make adjustments to the assumptions on holding periods, supervisory haircuts, or volatility (in the own haircuts approach);
• Give less than full recognition of credit risk mitigants (on the whole credit portfolio or by specific product line); and/or
• Hold a specific additional amount of capital
(Refer to Paragraph 769 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in as a separate sub-section “Credit Concentration Risk” in Section 6 “Supervisory Standards on CAAP” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Credit Concentration Risk
Concentration risk arises in both direct exposures to obligors and may also occur through exposures to protection providers. Such concentrations are not addressed in the Pillar 1 capital charge for credit risk.
Banks should have in place effective internal policies, systems and controls to identify, measure, monitor, and control their credit risk concentrations. Banks should explicitly consider the extent of their credit risk concentrations in their assessment of capital adequacy under Pillar 2. These policies should cover the different forms of credit risk concentrations to which a bank may be exposed. Such concentrations include:
• Credit exposures to counterparties whose financial performance is dependent on the same activity or commodity; and
• Indirect credit exposures arising from a bank ‘s CRM activities (e.g. exposure to a single collateral type or to credit protection provided by a single counterparty).
A bank ‘s framework for managing credit risk concentrations should be clearly documented and should include a definition of the credit risk concentrations relevant to the bank and how these concentrations and their corresponding limits are calculated. Limits should be defined in relation to a bank ‘s capital, total assets or, where adequate measures exist, its overall risk level.
A bank should ensure that, in respect of credit risk concentrations, it complies with the Committee document Principles for the Management of Credit Risk (September 2000) and the more detailed guidance in the Appendix to that paper.
(Refer to Paragraph 772-776 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included as a separate sub-section “Counterparty Credit Risk” in Section 6 of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Counterparty Credit Risk
(i) As counterparty credit risk (CCR) represents a form of credit risk, this would include meeting this Framework ‘s standards regarding their approaches to stress testing, "residual risks" associated with credit risk mitigation techniques, and credit concentrations.
(ii). The bank must have counterparty credit risk management policies, processes and systems that are conceptually sound and implemented with integrity relative to the sophistication and complexity of a firm ‘s holdings of exposures that give rise to CCR. A sound counterparty credit risk management framework shall include the identification, measurement, management, approval and internal reporting of CCR.
(iii). The bank ‘s risk management policies must take account of the market, liquidity, legal and operational risks that can be associated with CCR and, to the extent practicable, interrelationships among those risks. The bank must not undertake business with a counterparty without assessing its creditworthiness and must take due account of both settlement and pre-settlement credit risk. These risks must be managed as comprehensively as practicable at the counterparty level (aggregating counterparty exposures with other credit exposures) and at the firm-wide level.
(iv). The board of directors and senior management must be actively involved in the CCR control process and must regard this as an essential aspect of the business to which significant resources need to be devoted. Where the bank is using an internal model for CCR, senior management must be aware of the limitations and assumptions of the model used and the impact these can have on the reliability of the output. They should also consider the uncertainties of the market environment (e.g. timing of realization of collateral) and operational issues (e.g. pricing feed irregularities) and be aware of how these are reflected in the model.
(v). In this regard, the daily reports prepared on a firm ‘s exposures to CCR must be reviewed by a level of management with sufficient seniority and authority to enforce both reductions of positions taken by individual credit managers or traders and reductions in the firm ‘s overall CCR exposure.
(vi) The bank ‘s CCR management system must be used in conjunction with internal credit and trading limits. In this regard, credit and trading limits must be related to the firm ‘s risk measurement model in a manner that is consistent over time and that is well understood by credit managers, traders and senior management.
(vii). The measurement of CCR must include monitoring daily and intra-day usage of credit lines. The bank must measure current exposure gross, and net of collateral held where such measures are appropriate and meaningful (e.g. OTC derivatives, margin lending, etc.).
Measuring and monitoring peak exposure or potential future exposure (PFE) at a confidence level chosen by the bank at both the portfolio and counterparty levels is one element of a robust limit monitoring system. Banks must take account of large or concentrated positions, including concentrations by groups of related counterparties, by industry, by market, customer investment strategies, etc.
(viii). The bank must have a routine and rigorous program of stress testing in place as a supplement to the CCR analysis based on the day-to-day output of the firm ‘s risk measurement model. The results of this stress testing must be reviewed periodically by senior management and must be reflected in the CCR policies and limits set by management and the board of directors. Where stress tests reveal particular vulnerability to a given set of circumstances, management should explicitly consider appropriate risk management strategies (e.g. by hedging against that outcome or reducing the size of the firm ‘s exposures).
(ix). The bank must have a routine in place for ensuring compliance with a documented set of internal policies, controls and procedures concerning the operation of the CCR management system. The firm ‘s CCR management system must be well documented, for example, through a risk management manual that describes the basic principles of the risk management system and that provides an explanation of the empirical techniques used to measure CCR.
(x). The bank must conduct an independent review of the CCR management system regularly through its own internal auditing process. This review must include both the activities of the business credit and trading units and of the independent CCR control unit. A review of the overall CCR management process must take place at regular intervals (ideally not less than once a year) and must specifically address, at a minimum:
• the adequacy of the documentation of the CCR management system and process;
• the organization of the CCR control unit;
• the integration of CCR measures into daily risk management;
• the approval process for risk pricing models and valuation systems used by front
• and back-office personnel;
• the validation of any significant change in the CCR measurement process;
• the scope of counterparty credit risks captured by the risk measurement model;
• the integrity of the management information system;
• the accuracy and completeness of CCR data;
• the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources;
• the accuracy and appropriateness of volatility and correlation assumptions;
• the accuracy of valuation and risk transformation calculations;
• the verification of the model‘s accuracy through frequent back testing.
(xi). A bank that receives approval to use an internal model to estimate its exposure amount or EAD for CCR exposures must monitor the appropriate risks and have processes to adjust its estimation of EPE when those risks become significant. This includes the following:
• Banks must identify and manage their exposures to specific wrong-way risk.
• For exposures with a rising risk profile after one year, banks must compare on a
• regular basis the estimate of EPE over one year with the EPE over the life of the exposure.
• For exposures with a short-term maturity (below one year), banks must compare on a regular basis the replacement cost (current exposure) and the realised exposure profile, and/or store data that allow such a comparisons.
(xii). When assessing an internal model used to estimate EPE, and especially for banks that receive approval to estimate the value of the alpha factor, SAMA would review the characteristics of the firm ‘s portfolio of exposures that give rise to CCR. In particular, SAMA would consider the following characteristics, namely:
• the diversification of the portfolio (number of risk factors the portfolio is exposed to);
• the correlation of default across counterparties; and
• the number and granularity of counterparty exposures.
(xiii). Supervisors will take appropriate action where the firm ‘s estimates of exposure or EAD under the Internal Model Method or alpha do not adequately reflect its exposure to CCR. Such action might include directing the bank to revise its estimates; directing the bank to apply a higher estimate of exposure or EAD under the IMM or alpha; or disallowing a bank from recognizing internal estimates of EAD for regulatory capital purposes.
(xiv). For banks that make use of the standardized method, supervisors should review the bank ‘s evaluation of the risks contained in the transactions that give rise to CCR and the bank ‘s assessment of whether the standardized method captures those risks appropriately and satisfactorily. If the standardized method does not capture the risk inherent in the bank‘s relevant transactions (as could be the case with structured, more complex OTC derivatives), supervisors may require the bank to apply the CEM or the SM on a transaction-by transaction basis (i.e. no netting will be recognized).
(Refer to Paragraph 777 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Section 6 “Supervisory Standards on CAAP” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Market risk
1. Policies and procedures for trading book eligibility
(i). Clear policies and procedures used to determine the exposures that may be included in, and those that should be excluded from, the trading book for purposes of calculating regulatory capital are critical to ensure the consistency and integrity of firms 'trading book. Such policies must conform to paragraph 687(i) of this Framework. SAMA has been satisfied that the policies and procedures clearly delineate the boundaries of the firm ‘s trading book, in compliance with the general principles set forth in paragraphs 684 to 689(iii) of this Framework, and consistent with the bank ‘s risk management capabilities and practices. SAMA also needs to be satisfied that transfers of positions between banking and trading books can only occur in a very limited set of circumstances. SAMA will require a firm to modify its policies and procedures when they prove insufficient for preventing the booking in the trading book of positions that are not compliant with the general principles set forth in paragraphs 684 to 689(iii) of this Framework, or not consistent with the bank‘s risk management capabilities and practices.
2. Valuation
(ii). Prudent valuation policies and procedures form the foundation on which any robust assessment of market risk capital adequacy should be built. For a well-diversified portfolio consisting of highly liquid cash instruments, and without market concentration, the valuation of the portfolio, combined with the minimum quantitative standards set out in paragraph 718(Lxxvi), as revised in this section, may deliver sufficient capital to enable a bank, in adverse market conditions, to close out or hedge its positions within 10 days in an orderly fashion. However, for less well diversified portfolios, for portfolios containing less liquid instruments, for portfolios with concentrations in relation to market turnover, and/or for portfolios which contain large numbers of positions that are marked-to-model this is less likely to be the case. In such circumstances, SAMA will consider whether a bank has sufficient capital. To the extent there is a shortfall SAMA will react appropriately. This will usually require the bank to reduce its risks and/or hold an additional amount of capital.
3. Stress testing under the internal models approach
(iii). A bank must ensure that it has sufficient capital to meet the minimum capital requirements set out in paragraphs 718(Lxx) to 718(xciv) and to cover the results of its stress testing required by paragraph 718(Lxxiv) (g), taking into account the principles set forth in paragraphs 738(ii) and 738(iv). SAMA will consider whether a bank has sufficient capital for these purposes, taking into account the nature and scale of the bank ‘s trading activities and any other relevant factors such as valuation adjustments made by the bank. To the extent that there is a shortfall, or if SAMA are not satisfied with the premise upon which the bank ‘s assessment of internal market risk capital adequacy is based, SAMA will take the appropriate measures. This will usually involve requiring the bank to reduce its risk exposures and/or to hold an additional amount of capital, so that its overall capital resources at least cover the Pillar 1 requirements plus the result of a stress test acceptable to SAMA.
4. Specific risk modelling under the internal models approach
(iv). For banks wishing to model the specific risk arising from their trading activities, additional criteria have been set out in paragraph 718(Lxxxix), including conservatively assessing the risk arising from less liquid positions and/or positions with limited price transparency under realistic market scenarios. Where SAMA consider that limited liquidity or price transparency undermines the effectiveness of a bank ‘s model to capture the specific risk, they will take appropriate measures, including requiring the exclusion of positions from the bank ‘s specific risk model. SAMAshould review the adequacy of the bank ‘s measure of the default risk surcharge; where the bank ‘s approach is inadequate; the use of the standardized specific risk charges will be required.
(Refer to Paragraph 778 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 2 Section 2 “Key components of Supervisory Review Process” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Supervisory transparency and accountability
SAMA would set target and trigger ratos and the Categories of capital in excess of the regulatory minimum, factors that may be considered in doing so, would be made publicly available.
(Refer to Paragraph 779 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 4.1 “Application to Banks Licensed in Saudi Arabia” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
In order to reduce the compliance burden and avoid regulatory arbitrage, the methods and approval processes used by a bank at the group level may be accepted by SAMA at the local level, provided that they adequately meet the SAMA ‘s requirements. Wherever possible, SAMA will avoid performing redundant and uncoordinated approval and validation work in order to reduce the implementation burden on banks, and conserve supervisory resources
(Refer to Paragraph 781 of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 8 Section 6 “Supervisory Standards on CAAP” of the SAMA’s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
(In addition to the original text)
Amongst other things, SAMA may review where relevant a bank ‘s own assessment of its capital needs and how that has been reflected in the capital calculation as well as the documentation of certain transactions to determine whether the capital requirements accord with the risk profile (e.g. substitution clauses). SAMA will also review the manner in which banks have addressed the issue of maturity mismatch in relation to retained positions in their economic capital calculations. In particular, they will be vigilant in monitoring for the structuring of maturity mismatches in transactions to artificially reduce capital requirements. Additionally, SAMA may review the bank ‘s economic capital assessment of actual correlation between assets in the pool and how they have reflected that in the calculation. Where SAMA consider that a bank ‘s approach is not adequate, they will take appropriate action. Such action might include denying or reducing capital relief in the case of originated assets, or increasing the capital required against securitization exposures acquired.
Significance of risk transfer Securitization transactions may be carried out for purposes other than credit risk transfer (e.g. funding). Where this is the case, there might still be a limited transfer of credit risk. However, for an originating bank to achieve reductions in capital requirements, the risk transfer arising from a securitization has to be deemed significant by SAMA. If the risk transfer is considered to be insufficient or non-existent, SAMA can require the application of a higher capital requirement than prescribed under Pillar 1 or, alternatively, may deny a bank from obtaining any capital relief from the securitizations. Therefore, the capital relief that can be achieved will correspond to the amount of credit risk that is effectively transferred. The following includes a set of examples where SAMA may have concerns about the degree of risk transfer, such as retaining or repurchasing significant amounts of risk or "cherry picking" the exposures to be transferred via a securitization
Retaining or repurchasing significant securitization exposures, depending on the proportion of risk held by the originator, might undermine the intent of a securitization to transfer credit risk. Specifically, SAMA might expect that a significant portion of the credit risk and of the nominal value of the pool be transferred to at least one independent third party at inception and on an ongoing basis. Where banks repurchase risk for market making purposes, SAMA could find it appropriate for an originator to buy part of a transaction but not, for example, to repurchase a whole tranche. SAMAwould expect that where positions have been bought for market making purposes, these positions should be resold within an appropriate period, thereby remaining true to the initial intention to transfer risk.
Another implication of realising only a non-significant risk transfer, especially if related to good quality unrated exposures, is that both the poorer quality unrated assets and most of the credit risk embedded in the exposures underlying the securitised transaction are likely to remain with the originator. Accordingly, and depending on the outcome of the supervisory review process, SAMA may increase the capital requirement for particular exposures or even increase the overall level of capital the bank is required to hold.
Market innovations
As the minimum capital requirements for securitization may not be able to address all potential issues, SAMA would consider new features of securitization transactions as they arise. Such assessments would include reviewing the impact new features may have on credit risk transfer and, where appropriate, SAMA will take appropriate action under Pillar 2. A Pillar 1 response may be formulated to take account of market innovations. Such a response may take the form of a set of operational requirements and/or a specific capital treatment.
Provision of implicit support
Support to a transaction, whether contractual (i.e. credit enhancements provided at the inception of a securitized transaction) or non-contractual (implicit support) can take numerous forms. For instance, contractual support can include over collateralization, credit derivatives, spread accounts, contractual recourse obligations, subordinated notes, credit risk mitigants provided to a specific tranche, the subordination of fee or interest income or the deferral of margin income, and clean-up calls that exceed 10 percent of the initial issuance.
Examples of implicit support include the purchase of deteriorating credit risk exposures from the underlying pool, the sale of discounted credit risk exposures into the pool of securitized credit risk exposures, the purchase of underlying exposures at above market price or an increase in the first loss position according to the deterioration of the underlying exposures.
The provision of implicit (or non-contractual) support, as opposed to contractual credit support (i.e. credit enhancements), raises significant supervisory concerns. For traditional securitization structures the provision of implicit support undermines the clean break criteria, which when satisfied would allow banks to exclude the securitized assets from regulatory capital calculations. For synthetic securitization structures, it negates the significance of risk transference. By providing implicit support, banks signal to the market that the risk is still with the bank and has not in effect been transferred. The institution ‘s capital calculation therefore understates the true risk. Accordingly,SAMA would take appropriate action when a banking organization provides implicit support.
When a bank has been found to provide implicit support to a securitization, it will be required to hold capital against all of the underlying exposures associated with the structure as if they had not been securitized. It will also be required to disclose publicly that it was found to have provided non-contractual support, as well as the resulting increase in the capital charge (as noted above). The aim is to require banks to hold capital against exposures for which they assume the credit risk, and to discourage them from providing non-contractual support.
The following guidelines to be included in Pg 8 Section 6 of the SAMA ‘s Basel II Guidance Document Pillar 2 Supervisory Review Process, 2007
If a bank is found to have provided implicit support on more than one occasion, the bank is required to disclose its transgression publicly and SAMA will take appropriate action that may include, but is not limited to, one or more of the following:
• The bank may be prevented from gaining favourable capital treatment on securitized assets for a period of time to be determined by SAMA;
• The bank may be required to hold capital against all securitized assets as though the bank had created a commitment to them, by applying a conversion factor to the risk weight of the underlying assets;
• For purposes of capital calculations, the bank may be required to treat all securitized assets as if they remained on the balance sheet
• The bank may be required bySAMA to hold regulatory capital in excess of the minimum risk-based capital ratios.
SAMA will be vigilant in determining implicit support and will take appropriate supervisory action to mitigate the effects. Pending any investigation, the bank may be prohibited from any capital relief for planned securitization transactions (moratorium). SAMA ‘s response will be aimed at changing the bank ‘s behaviour with regard to the provision of implicit support, and to correct market perception as to the willingness of the bank to provide future recourse beyond contractual obligations
Residual risks
As with credit risk mitigation techniques more generally, SAMA will review the appropriateness of banks 'approaches to the recognition of credit protection. In particular, with regard to securitizations, SAMA will review the appropriateness of protection recognized against first loss credit enhancements. On these positions, expected loss is less likely to be a significant element of the risk and is likely to be retained by the protection buyer through the pricing. Therefore, SAMA will expect banks 'policies to take account of this in determining their economic capital. Where SAMA do not consider the approach to protection recognized is adequate, they will take appropriate action. Such action may include increasing the capital requirement against a particular transaction or class of transactions.
Call provisions
SAMA expect a bank not to make use of clauses that entitles it to call the securitization transaction or the coverage of credit protection prematurely if this would increase the bank ‘s exposure to losses or deterioration in the credit quality of the underlying exposures.
Besides the general principle stated above, SAMA expect banks to only execute clean-up calls for economic business purposes, such as when the cost of servicing the outstanding credit exposures exceeds the benefits of servicing the underlying credit exposures
Subject to national discretion, SAMA may require a review prior to the bank exercising a call which can be expected to include consideration of:
• The rationale for the bank ‘s decision to exercise the call; and
• The impact of the exercise of the call on the bank ‘s regulatory capital ratio.
SAMA may also require the bank to enter into a follow-up transaction, if necessary, depending on the bank ‘s overall risk profile, and existing market conditions
Date related calls should be set at a date no earlier than the duration or the weighted average life of the underlying securitization exposures. Accordingly, SAMA may require a minimum period to elapse before the first possible call date can be set, given, for instance, the existence of up-front sunk costs of a capital market securitization transaction.
Early amortization
SAMA would review how banks internally measure, monitor, and manage risks associated with securitizations of revolving credit facilities, including an assessment of the risk and likelihood of early amortization of such transactions. At a minimum, SAMA would ensure that banks have implemented reasonable methods for allocating economic capital against the economic substance of the credit risk arising from revolving securitizations and should expect banks to have adequate capital and liquidity contingency plans that evaluate the probability of an early amortization occurring and address the implications of both scheduled and early amortization. In addition, the capital contingency plan should address the possibility that the bank will face higher levels of required capital under the early amortization Pillar 1 capital requirement.
Because most early amortization triggers are tied to excess spread levels, the factors affecting these levels should be well understood, monitored, and managed, to the extent possible (see paragraphs 790 to 794 on implicit support), by the originating bank. For example, the following factors affecting excess spread should generally be considered:
• Interest payments made by borrowers on the underlying receivable balances;
• Other fees and charges to be paid by the underlying obligors (e.g. late-payment fees, cash advance fees, over-limit fees);
• Gross charge-offs;
• Principal payments;
• Recoveries on charged-off loans;
• Interchange income;
• Interest paid on investors‘ certificates;
• Macroeconomic factors such as bankruptcy rates, interest rate movements, unemployment rates; etc.
Banks should consider the effects that changes in portfolio management or business strategies may have on the levels of excess spread and on the likelihood of an early amortization event. For example, marketing strategies or underwriting changes that result in lower finance charges or higher charge-offs, might also lower excess spread levels and increase the likelihood of an early amortization event.
Banks should use techniques such as static pool cash collections analyses and stress tests to better understand pool performance. These techniques can highlight adverse trends or potential adverse impacts. Banks should have policies in place to respond promptly to adverse or unanticipated changes. SAMA will take appropriate action where they do not consider these policies adequate. Such action may include, but is not limited to, directing a bank to obtain a dedicated liquidity line or raising the early amortization credit conversion factor, thus, increasing the bank ‘s capital requirements.
While the early amortization capital charge described in Pillar 1 is meant to address potential supervisory concerns associated with an early amortization event, such as the inability of excess spread to cover potential losses, the policies and monitoring described in this section recognize that a given level of excess spread is not, by itself, a perfect proxy for credit performance of the underlying pool of exposures. In some circumstances, for example, excess spread levels may decline so rapidly as to not provide a timely indicator of underlying credit deterioration. Further, excess spread levels may reside far above trigger levels, but still exhibit a high degree of volatility which could warrant supervisory attention. In addition, excess spread levels can fluctuate for reasons unrelated to underlying credit risk, such as a mismatch in the rate at which finance charges re-price relative to investor certificate rates.
Routine fluctuations of excess spread might not generate supervisory concerns, even when they result in different capital requirements. This is particularly the case as a bank moves in or out of the first step of the early amortization credit conversion factors. On the other hand, existing excess spread levels may be maintained by adding (or designating) an increasing number of new accounts to the master trust, an action that would tend to mask potential deterioration in a portfolio. For all of these reasons, SAMA will place particular emphasis on internal management, controls, and risk monitoring activities with respect to securitizations with early amortization features.
SAMA expect that the sophistication of a bank ‘s system in monitoring the likelihood and risks of an early amortization event will be commensurate with the size and complexity of the bank ‘s securitization activities that involve early amortization provisions.
For controlled amortizations specifically, SAMA may also review the process by which a bank determines the minimum amortization period required to pay down 90% of the outstanding balance at the point of early amortization. Where SAMA does not consider this adequate it will take appropriate action, such as increasing the conversion factor associated with a particular transaction or class of transactions.
(Refer to Paragraphs 785-807 of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 9: Document Enhanced: SAMA ’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008
The following guidelines to be included in Pg 6 Section 3.3 “ICAAP as a part of Pillar 2” of the SAMA’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008
(In addition to the original text)
Interest rate risk in the banking book:
The measurement process should include all material interest rate positions of the bank and consider all relevant repricing and maturity data. Such information will generally include current balance and contractual rate of interest associated with the instruments and portfolios, principal payments, interest reset dates, maturities, the rate index used for repricing, and contractual interest rate ceilings or floors for adjustable-rate items. The system should also have well- documented assumptions and techniques.
Regardless of the type and level of complexity of the measurement system used, bank management should ensure the adequacy and completeness of the system. Because the quality and reliability of the measurement system is largely dependent on the quality of the data and various assumptions used in the model, management should give particular attention to these items.
(Refer to Paragraph 739-740 of of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 6 Section 3.3 “ICAAP as a part of Pillar 2” of the SAMA’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008
(In addition to the original text)
Liquidity risk: Liquidity is crucial to the ongoing viability of any banking organization. Banks‘capital positions can have an effect on their ability to obtain liquidity, especially in a crisis. Each bank must have adequate systems for measuring, monitoring and controlling liquidity risk. Banks should evaluate the adequacy of capital given their own liquidity profile and the liquidity of the markets in which they operate.
(Refer to Paragraph 741 of of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 19 Section 11 “Challenge and Adoption of the ICAAP” of the SAMA’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008
(In addition to the original text)
Internal control review
The bank should conduct periodic reviews of its risk management process to ensure its integrity, accuracy, and reasonableness. Areas that should be reviewed include:
• Appropriateness of the bank‘s capital assessment process given the nature, scope and complexity of its activities;
• Identification of large exposures and risk concentrations;
• Accuracy and completeness of data inputs into the bank‘s assessment process;
• Reasonableness and validity of scenarios used in the assessment process; and
• Stress testing and analysis of assumptions and inputs.
(Refer to Paragraph 745 of of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 16 Section “Risk Covered in the ICAAP” of the SAMA’s Guidelines Document on the Internal Capital Adequacy Assessment Plan, 2008
(In addition to the original text)
Risk Covered in the ICAAP
SAMA recognizes banks' internal systems as the principal tool for the measurement of interest rate risk in the banking book and the supervisory response. To facilitate SAMA‘s monitoring of interest rate risk exposures across institutions, banks would have to provide the results of their internal measurement systems, expressed in terms of economic value relative to capital, using a standardized interest rate shock.
(Refer to Paragraph 763 of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 10: Document Enhanced: Pillar 3 – Package of Disclosure Requirements and Guidance Notes, 2007
The following guidelines to be included in Pg 11 Section 4 “Materiality” of the SAMA’s Pillar 3 – Package of Disclosure Requirements and Guidance Notes, 2007
(In addition to the original guidance)
Materiality
This Framework also anticipates a role for specific measures. Where disclosure is a qualifying criterion under Pillar 1 to obtain lower risk weightings and/or to apply specific methodologies, there would be a direct sanction (not being allowed to apply the lower weighting or the specific methodology).
(Refer to Paragraph 812 of of International Convergence of Capital Measurement and Capital Standards – June 2006)
The following guidelines to be included in Pg 12 Section 5.2 “Location of Disclosures” of the SAMA’s Pillar 3 – Package of Disclosure Requirements and Guidance Notes, 2007
(In addition to the original guidance)
Location of Disclosures
In situations where the disclosures are made under accounting requirements or are made to satisfy listing requirements promulgated by securities regulators, banks may rely on them to fulfil the applicable Pillar 3 expectations. In these situations, banks should explain material differences between the accounting or other disclosure and the supervisory basis of disclosure. This explanation does not have to take the form of a line by line reconciliation.
(Refer to Paragraph 814 of of International Convergence of Capital Measurement and Capital Standards – June 2006)
ANNEXURE 11: Document Addressed: Basel III Pillar 3 – Package of Disclosure Requirements and Guidance Notes
Pillar 3 requirements have been updated by SAMA's pillar 3 disclosure requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.Basel III Pillar 3 - Package of Disclosure Requirements and Guidance Notes Page No. 14, Frequency and Location of Disclosure
Original paragraph was as follows:
7. Frequency and Location of Disclosure
Frequency
Banks are expected to comply with the Basel III enhanced requirements from 1 Jan 2013.
All disclosures will be made semi-annually with the exception of the following:
• Table and 2b, 2c and 2d 3f will be disclosed quarterly.
• All Qualitative Disclosure Requirements will be reported annually.
Location of Disclosures
• All quarterly disclosures will be in the regular quarterly financial statements.
• All semi-annual disclosures will be made on a bank's websites.
• All annual disclosures will be in the annual reports of banks and web sites.
• A reporting bank shall provide in its Annual Report and Periodic Financial Statements the location of all disclosures required under Pillar
• A reporting bank may exercise its discretion in determining the form of the disclosure required and may choose to use graphical and other representations where appropriate.
• The frequency and location of reporting has been specified in each Disclosure Template. The following are the abbreviations on the top right hand side of each template:
Location Frequency Annual Financial Statement Report (AR) Annual: A Quarterly Financial Statement Report (QR) Quarterly: Q Website (W) Semi-Annually: SA
The following is considered added to the above paragraph:
Under Pillar 3, large banks are required to make certain minimum disclosures with respect to certain defined key capital ratios and elements on a quarterly basis, regardless of the frequency of financial statement publication. 2 The disclosure of key capital ratios/elements for these banks will continue to be required under Basel III.
Banks must also make available on their websites, or through publicly available regulatory reports, an archive (for a suitable retention period determined by the relevant national authority) of all templates relating to prior reporting periods.
Irrespective of the location of the disclosure (published financial reports, bank websites or publicly available regulatory reports), all disclosures must be in the format required by this document
For the relevant Pillar 3 disclosure requirements see paragraph 818 of the Basel II Framework: International Convergence of Capital Measurement and Capital Standards – A Revised Framework – Comprehensive Version (June 2006).
(Refer to Paragraphs 5-7: Implementation date and frequency of reporting, Composition of capital disclosure requirements - Rules text (June 2012)
Basel III Pillar 3 - Package of Disclosure Requirements and Guidance Notes Page 16, 3.1 Reconciliation requirements
Original paragraphs were as follows:
3.1 Reconciliation requirements
There is a three step approach to be undertaken in preparing the enhanced P3 disclosures to show the link between the bank's published financial statements and the numbers that are used in the composition of capital disclosures set out in Section 1 (post 2018) and Section 5 (transition).
3.1.1 Step 1: Disclose the reported balance sheet under the regulatory scope of consolidation Table (2b).
In this step, banks are required to take their published balance sheet and report the numbers when the regulatory scope of consolidation is applied.
Banks must list which legal entities (along with disclosure of such entities balance sheet assets, balance sheet equity and principal activities) are included within one scope of consolidation that do not appear in the other scope.
If some entities are included in both the regulatory scope of consolidation and accounting scope of consolidation, but the method of consolidation differs between these two scopes, banks are required to list these legal entities separately and explain the differences in consolidation.
If the scopes of consolidation are identical, then banks can skip this step by noting that there is no difference and move onto step 2.
Table 2b will be used for this step with the balance sheet under the accounting scope of consolidation and regulatory scope of consolidation updated in columns C and E respectively.
An example of where the basis of consolidation for regulatory purposes differs from that used for the financial consolidation is where holdings in insurance and financial entities are excluded from regulatory capital if they qualify as significant minority investments. Column D in table 2b will be used for such a purpose.
On this note, where the two scopes of consolidation differ, the totals of the balance sheet (i.e: total assets, total shareholders equity) in the published financial statements will not be the same as the totals of the balance sheet under the regulatory scope of consolidation.
With respect to the above paragraphs, the content highlighted in “bold font” has been added:
3.1 Reconciliation requirements
There is a three step approach to be undertaken in preparing the enhanced P3 disclosures to show the link between the bank's published financial statements and the numbers that are used in the composition of capital disclosures set out in Section 1 (post 2018) and Section 5 (transition).
3.1.1 Step 1: Disclose the reported balance sheet under the regulatory scope of consolidation Table (2b).
In this step, banks are required to take their published balance sheet and report the numbers when the regulatory scope of consolidation is applied.
Banks must list which legal entities (along with disclosure of such entities balance sheet assets, balance sheet equity and principal activities) are included within one scope of consolidation that do not appear in the other scope. Regarding each legal entity that is required to be disclosed by this paragraph, banks must also disclose its total balance sheet assets and total balance sheet equity (as stated on the accounting balance sheet of the legal entity)] and a description of the principle activities of the entity.
(Refer to, Paragraphs 10-13: section 2: Reconciliation requirements, Composition of capital disclosure requirements - Rules text (June 2012))
Basel III – Pillar 3 Package of Disclosure Requirements and Guidance Notes, Page 22, Table 2 – Capital Structure "All B", Table 2 (e) – Main features template
The original paragraph was as follows:
Table 2 (e) – Main features template
• Disclose the key features of all regulatory capital instruments. In this template, banks are required to complete all of the shaded cells for each outstanding regulatory capital instrument (banks should insert "NA" if the question is not applicable).
The revised paragraph would read as follows:
Table 2 (e) – Main features template
• Disclose the key features of all regulatory capital instruments. In this template, banks are required to complete all of the shaded cells for each outstanding regulatory capital instrument (banks should insert "NA" if the question is not applicable).
Banks are required to keep the completed main features report up-to-date, such that the report is updated and made publicly available whenever a bank issues or repays a capital instrument and whenever there is a redemption, conversion/write-down or other material change in the nature of an existing capital instrument.
Given that the template includes information on the amount recognised in regulatory capital at the latest reporting date, the main features report should either be included in the bank‘s published financial reports or, at a minimum, these financial reports must provide a direct link to where the report can be found on the bank‘s website or publicly available regulatory reporting.
(Refer to Paragraphs 27-31: Section 3; Main features template, Composition of capital disclosure requirements - Rules text (June 2012))
The following is inserted as Annexure A, Pillar 3 Package of Disclosure Requirements and Guidance Notes
Other disclosure requirements
In addition to the disclosure requirements set out in this document, and aside from the transitional disclosure requirements set out in Section 5 of Composition of Capital Disclosure Requirement, Rules Text, June 2012, the Basel III rules text makes the following requirements in respect of the composition of capital:
Non-regulatory ratios: banks which disclose ratios involving components of regulatory capital (eg "Equity Tier 1", "Core Tier 1" or "Tangible Common Equity" ratios) must accompany such disclosures with a comprehensive explanation of how these ratios are calculated.
Full terms and conditions: banks are required to make available on their websites the full terms and conditions of all instruments included in regulatory capital.
The requirement for banks to make available the full terms and conditions of regulatory capital instruments on their websites will allow market participants and supervisors to investigate the specific features of individual capital instruments. An additional related requirement is that all banks must maintain a Regulatory Disclosures section of their websites, where all of the information relating to disclosure of regulatory capital is made available to market participants. In cases where disclosure requirements set out in this document are met via publication through publicly available regulatory reports, the regulatory disclosures section of the bank‘s website should provide specific links to the relevant regulatory reports that relate to the bank. This requirement stems from the supervisory experience that, in many cases, the benefit of Pillar 3 disclosures is severely diminished by the challenge of finding the disclosure in the first place.
Ideally much of the information that would be reported in the Regulatory Disclosures section of the website would also included in the published financial reports of the bank. The Basel Committee has agreed that, at minimum, the published financial reports must direct users to the relevant section of their websites where the full set of required regulatory disclosure is provided.
Refer to Paragraphs 31-33: Section 4: Other disclosure requirements, Composition of capital disclosure requirements - Rules text (June 2012)
ANNEXURE 12: Document Enhanced: Section A Finalized Guidance Document Concerning the Implementation of Basel III
Refer Page 7 & 8 of Section A – Finalized guidance document concerning the implementation of Basel III, 2.2 Details on Components of Regulatory Capital, 2.2.1 Common Equity Tier 1
The original paragraphs were as follows
2.2.1 Common Equity Tier 1
Common Equity Tier 1 capital consists of the sum of the following elements:
• Common shares issued by the bank that meet the criteria for classification as common shares for regulatory purposes (or the equivalent for non-joint stock companies);
• Stock surplus (share premium) resulting from the issue of instruments included Common Equity Tier 1;
• Retained earnings;
• Accumulated other comprehensive income and other disclosed reserves;
• Common shares issued by consolidated subsidiaries of the bank and held by third parties (i.e. minority interest) that meet the criteria for inclusion in Common Equity Tier 1 capital.
• Retained earnings and other comprehensive income include interim profit or loss.
• Dividends are removed from Common Equity Tier 1 in accordance with applicable accounting standards. The treatment of minority interest and the regulatory adjustments applied in the calculation of Common Equity Tier 1 are addressed in separate sections.
Common shares issued by the bank
For an instrument to be included in Common Equity Tier 1 capital it must meet all of the criteria that an outlined in Annex- 2. The vast majority of internationally active banks are structured as joint stock companies and for these banks the criteria must be met solely with common shares.
In the rare cases where banks need to issue non-voting common shares as part of Common Equity Tier 1, they must be identical to voting common shares of the issuing bank in all respects except the absence of voting rights.
• Common shares issued by consolidated subsidiaries are described in section 3 of this document.
Regulatory adjustments applied in the calculation of Common Equity Tier 1 are described in section 4 of this document.
• Common shares issued by consolidated subsidiaries are described in section 3 of this document.
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
2.2.1 Common Equity Tier 1
• Accumulated other comprehensive income and other disclosed reserves; (There is no adjustment applied to remove from Common Equity Tier 1 unrealised gains or losses recognized on the balance sheet. Unrealised losses are subject to the transitional arrangements set out in paragraph 94 (c) and (d) Basel III: A global regulatory framework for more resilient banks and banking systems, 2011).
Common shares issued by the bank
For an instrument to be included in Common Equity Tier 1 capital it must meet all of the criteria that an outlined in Annex- 2. The vast majority of internationally active banks are structured as joint stock companies (Joint stock companies are defined as companies that have issued common shares, irrespective of whether these shares are held privately or publically. These will represent the vast majority of internationally active banks)and for these banks the criteria must be met solely with common shares.
(Refer to Paragraphs 53: Basel III: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 77 Section A – Finalized guidance document concerning the implementation of Basel III, Annex 2, Criteria for Classification as Common Shares for Regulatory Capital purposes The original heading was as follows
Annex-2 Criteria for Classification as Common Shares for Regulatory Capital purposes
The revised heading would be accompanied by a foot note
Annex-2 Criteria for Classification as Common Shares for Regulatory Capital purposesa
Footnote a: The criteria also apply to non joint stock companies, such as mutuals, cooperatives or savings institutions, taking into account their specific constitution and legal structure. The application of the criteria should preserve the quality of the instruments by requiring that they are deemed fully equivalent to common shares in terms of their capital quality as regards loss absorption and do not possess features which could cause the condition of the bank to be weakened as a going concern during periods of market stress. Supervisors will exchange information on how they apply the criteria to non joint stock companies in order to ensure consistent implementation.
(Refer to Paragraphs 52: Basel III: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 77 Section A – Finalized guidance document concerning the implementation of Basel III, Annex 2, Criteria for Classification as Common Shares for Regulatory Capital purposes
The original paragraph was as follows:
1. Represents the most subordinated claim in liquidation of the bank.
2. Entitled to a claim on the residual assets that is proportional with its share of issued capital, after all senior claims have been repaid in liquidation (ie has an unlimited and variable claim, not a fixed or capped claim).
3. Principal is perpetual and never repaid outside of liquidation (setting aside discretionary repurchases or other means of effectively reducing capital in a discretionary manner that is allowable under relevant law).
4. The bank does nothing to create an expectation at issuance that the instrument will be bought back, redeemed or cancelled nor do the statutory or contractual terms provide any feature which might give rise to such an expectation.
5. Distributions are paid out of distributable items (retained earnings included). The level of distributions is not in any way tied or linked to the amount paid in at issuance and is not subject to a contractual cap (except to the extent that a bank is unable to pay distributions that exceed the level of distributable items).
6. There are no circumstances under which the distributions are obligatory. Non payment is therefore not an event of default.
7. Distributions are paid only after all legal and contractual obligations have been met and payments on more senior capital instruments have been made. This means that there are no preferential distributions, including in respect of other elements classified as the highest quality issued capital.
8. It is the issued capital that takes the first and proportionately greatest share of any losses as they occur. Within the highest quality capital, each instrument absorbs losses on a going concern basis proportionately and pari passu with all the others.
9. The paid in amount is recognised as equity capital (ie not recognised as a liability) for determining balance sheet insolvency.
10. The paid in amount is classified as equity under the relevant accounting standards.
11. It is directly issued and paid-in and the bank can not directly or indirectly have funded the purchase of the instrument.
12. The paid in amount is neither secured nor covered by a guarantee of the issuer or related entity or subject to any other arrangement that legally or economically enhances the seniority of the claim.
13. It is only issued with the approval of the owners of the issuing bank, either given directly by the owners or, if permitted by applicable law, given by the Board of Directors or by other persons duly authorised by the owners.
14. It is clearly and separately disclosed on the bank‘s balance sheet.
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
8. It is the issued capital that takes the first and proportionately greatest share of any losses as they occur (In cases where capital instruments have a permanent write-down feature, this criterion is still deemed to be met by common shares.). Within the highest quality capital, each instrument absorbs losses on a going concern basis proportionately and pari passu with all the others.
12. The paid in amount is neither secured nor covered by a guarantee of the issuer or related entity (A related entity can include a parent company, a sister company, a subsidiary or any other affiliate. A holding company is a related entity irrespective of whether it forms part of the consolidated banking group.) or subject to any other arrangement that legally or economically enhances the seniority of the claim.
(Refer to 54-56, Tier 2 capital, Basel III: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 7 & 8 of Section A – Finalized guidance document concerning the implementation of Basel III, 2.2 Details on Components of Regulatory Capital, Common shares issued by the bank
Original paragraph was as follows:
2.2.2. Additional Tier 1 capital
• A minimum set of criteria for an instrument issued by the bank to meet or to exceed in order for its to be included in additional Tier-1 Capital and described in Annex # 3.
Additional Tier 1 capital consists of the sum of the following elements:
• Instruments issued by the bank that meet the criteria for inclusion in Additional Tier 1 capital (and are not included in Common Equity Tier 1);
• Stock surplus (share premium) resulting from the issue of instruments included in Additional Tier 1 capital;
• Instruments issued by consolidated subsidiaries of the bank and held by third parties that meet the criteria for inclusion in Additional Tier 1 capital and are not included in Common Equity Tier 1. Refer to Annex # 3 for the relevant criteria; and
• Regulatory adjustments applied in the calculation of Additional Tier 1 Capital are addressed in section 4 of this document.
• Tier-1 Capital instruments issued by consolidated subsidiaries are described in section 3 of this document.
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
• Instruments issued by consolidated subsidiaries of the bank and held by third parties that meet the criteria for inclusion in Additional Tier 1 capital and are not included in Common Equity Tier 1. Refer to Section 3 for the relevant criteria; and
Refer to Paragraph 54, Additional Tier 1 capital, A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 78 Section A – Finalized guidance document concerning the implementation of Basel III, Annex 3, Instruments issued by the bank that meet the Additional Tier 1 criteria
The original content was as follows:
Criteria for inclusion in Additional Tier 1 capital
1. Issued and paid-in
2. Subordinated to depositors, general creditors and subordinated debt of the bank
3. Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis bank creditors
4. Is perpetual, ie there is no maturity date and there are no step-ups or other incentives to redeem
5. May be callable at the initiative of the issuer only after a minimum of five years
a. To exercise a call option a bank must receive prior supervisory approval; and
b. A bank must not do anything which creates an expectation that the call will be exercised; and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank15; or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised.16
6. Any repayment of principal (eg through repurchase or redemption) must be with prior supervisory approval and banks should not assume or create market expectations that supervisory approval will be given
7. Dividend/coupon discretion:
a. the bank must have full discretion at all times to cancel distributions/payments17
b. cancellation of discretionary payments must not be an event of default
c. banks must have full access to cancelled payments to meet obligations as they fall due
d. cancellation of distributions/payments must not impose restrictions on the bank except in relation to distributions to common stockholders.
8. Dividends/coupons must be paid out of distributable items
9. The instrument cannot have a credit sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organisation‘s credit standing.
10. The instrument cannot contribute to liabilities exceeding assets if such a balance sheet test forms part of national insolvency law.
11. Instruments classified as liabilities for accounting purposes must have principal loss absorption through either (i) conversion to common shares at an objective pre-specified trigger point or (ii) a write-down mechanism which allocates losses to the instrument at a pre-specified trigger point. The write-down will have the following effects:
a. Reduce the claim of the instrument in liquidation;
b. Reduce the amount re-paid when a call is exercised; and
c. Partially or fully reduce coupon/dividend payments on the instrument.
12. Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of the instrument
13. The instrument cannot have any features that hinder recapitalisation, such as provisions that require the issuer to compensate investors if a new instrument is issued at a lower price during a specified time frame
14. If the instrument is not issued out of an operating entity or the holding company in the consolidated group (eg a special purpose vehicle – "SPV"), proceeds must be immediately available without limitation to an operating entity18 or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Additional Tier 1 capital
Stock surplus (share premium) resulting from the issue of instruments included in Additional Tier 1 capital;
Stock surplus (ie share premium) that is not eligible for inclusion in Common Equity Tier 1, will only be permitted to be included in Additional Tier 1 capital if the shares giving rise to the stock surplus are permitted to be included in Additional Tier 1 capital.
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
5. May be callable at the initiative of the issuer only after a minimum of five years:
a. To exercise a call option a bank must receive prior supervisory approval; and
b. A bank must not do anything which creates an expectation that the call will be exercised; and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank (Replacement issues can be concurrent with but not after the instrument is called); or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised. (Minimum refers to the regulator’s prescribed minimum requirement, which may be higher than the Basel III Pillar 1 minimum requirement.)16
7. Dividend/coupon discretion:
a. the bank must have full discretion at all times to cancel distributions/payments (A consequence of full discretion at all times to cancel distributions/payments is that “dividend pushers” are prohibited. An instrument with a dividend pusher obliges the issuing bank to make a dividend/coupon payment on the instrument if it has made a payment on another (typically more junior) capital instrument or share. This obligation is inconsistent with the requirement for full discretion at all times. Furthermore, the term “cancel distributions/payments” means extinguish these payments. It does not permit features that require the bank to make distributions/payments in kind.)17
14. If the instrument is not issued out of an operating entity or the holding company in the consolidated group (eg a special purpose vehicle – "SPV"), proceeds must be immediately available without limitation to an operating entity (An operating entity is an entity set up to conduct business with clients with the intention of earning a profit in its own right.) or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Additional Tier 1 capital
Refer to Paragraph 54-56, A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 80 Section A – Finalized guidance document concerning the implementation of Basel III, Annex 4, Instruments issued by the bank that meet the Tier 2 criteria
The original content was as follows
Annex-4
Criteria for inclusion in Tier 2 Capital
1. Issued and paid-in
2. Subordinated to depositors and general creditors of the bank
3. Is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis depositors and general bank creditors
4. Maturity:
a. minimum original maturity of at least five years
b. recognition in regulatory capital in the remaining five years before maturity will be amortized on a straight line basis
c. there are no step-ups or other incentives to redeem
5. May be callable at the initiative of the issuer only after a minimum of five years:
a. To exercise a call option a bank must receive prior supervisory approval;
b. A bank must not do anything that creates an expectation that the call will be exercised; and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised
6. The investor must have no rights to accelerate the repayment of future scheduled payments (coupon or principal), except in bankruptcy and liquidation.
7. The instrument cannot have a credit sensitive dividend feature, that is a dividend/coupon that is reset periodically based in whole or in part on the banking organisation‗s credit standing.
8. Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of the instrument.
9. If the instrument is not issued out of an operating entity or the holding company in the consolidated group (eg a special purpose vehicle – "SPV"), proceeds must be immediately available without limitation to an operating entity or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Tier 2 Capital.
Stock surplus (ie share premium) that is not eligible for inclusion in Tier 1, will only be permitted to be included in Tier 2 capital if the shares giving rise to the stock surplus are permitted to be included in Tier 2 capital.
General provisions/general loan-loss reserves (for banks using the Standardised Approach for credit risk)
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
Annex-4
Criteria for inclusion in Tier 2 Capital
5. May be callable at the initiative of the issuer only after a minimum of five years:
a. To exercise a call option a bank must receive prior supervisory approval;
b. A bank must not do anything that creates an expectation that the call will be exercised; (An option to call the instrument after five years but prior to the start of the amortisation period will not be viewed as an incentive to redeem as long as the bank does not do anything that creates an expectation that the call will be exercised at this point.) and
c. Banks must not exercise a call unless:
i. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank; (Replacement issues can be concurrent with but not after the instrument is called.) or
ii. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised (Minimum refers to the regulator’s prescribed minimum requirement, which may be higher than the Basel III Pillar 1 minimum requirement.)
9. If the instrument is not issued out of an operating entity or the holding company in the consolidated group (eg a special purpose vehicle – "SPV"), proceeds must be immediately available without limitation to an operating entity (An operating entity is an entity set up to conduct business with clients with the intention of earning a profit in its own right) or the holding company in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in Tier 2 Capital.
(Refer paragraph 57-59, A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 80 Section A – Finalized guidance document concerning the implementation of Basel III, Minority interest (i.e. non-controlling interest) and other capital issued out of consolidated subsidiaries that is held by third parties
The original content was as follows:
3.1 Common shares issued by consolidated subsidiaries
Minority interest arising from the issue of common shares by a fully consolidated subsidiary of the bank may receive recognition in Common Equity Tier 1 only if:
(1) the instrument giving rise to the minority interest would, if issued by the bank, meet all of the criteria for classification as common shares for regulatory capital purposes; and
(2) the subsidiary that issued the instrument is itself a bank. The amount of minority interest meeting the criteria above that will be recognized in consolidated Common Equity Tier 1 will be calculated as follows:
• Total minority interest meeting the two criteria above minus the amount of the surplus Common Equity Tier 1 of the subsidiary attributable to the minority shareholders.
• Surplus Common Equity Tier 1 of the subsidiary is calculated as the Common Equity Tier 1 of the subsidiary minus the lower of: (1) the minimum Common Equity Tier 1 requirement of the subsidiary plus the capital conservation buffer (ie 7.0% of risk weighted assets) and (2) the portion of the consolidated minimum Common Equity Tier 1 requirement plus the capital conservation buffer (ie 7.0% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Common Equity Tier 1 that is attributable to the minority shareholders is calculated by multiplying the surplus Common Equity Tier 1 by the percentage of Common Equity Tier 1 that is held by minority shareholders.
The following content has been added against certain assertions in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
3.1 Common shares issued by consolidated subsidiaries
(2) the subsidiary that issued the instrument is itself a bank (For the purposes of this paragraph, any institution that is subject to the same minimum prudential standards and level of supervision as a bank may be considered to be a bank.) & (Minority interest in a subsidiary that is a bank is strictly excluded from the parent bank’s common equity if the parent bank or affiliate has entered into any arrangements to fund directly or indirectly minority investment in the subsidiary whether through an SPV or through another vehicle or arrangement. The treatment outlined above, thus, is strictly available where all minority investments in the bank subsidiary solely represent genuine third party common equity contributions to the subsidiary). The amount of minority interest meeting the criteria above that will be recognized in consolidated Common Equity Tier 1 will be calculated as follows:
• Total minority interest meeting the two criteria above minus the amount of the surplus Common Equity Tier 1 of the subsidiary attributable to the minority shareholders.
• Surplus Common Equity Tier 1 of the subsidiary is calculated as the Common Equity Tier 1 of the subsidiary minus the lower of: (1) the minimum Common Equity Tier 1 requirement of the subsidiary plus the capital conservation buffer (ie 7.0% of risk weighted assets) and (2) the portion of the consolidated minimum Common Equity Tier 1 requirement plus the capital conservation buffer (ie 7.0% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Common Equity Tier 1 that is attributable to the minority shareholders is calculated by multiplying the surplus Common Equity Tier 1 by the percentage of Common Equity Tier 1 that is held by minority shareholders.
(Refer paragraph 62, A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer Page 11 Section A – Finalized guidance document concerning the implementation of Basel III, 3.3 Tier 1 and Tier 2 qualifying capital issued by consolidated subsidiaries
The original paragraph was as follows:
3.3 Tier 1 and Tier 2 qualifying capital issued by consolidated subsidiaries
Total capital instruments (ie Tier 1 and Tier 2 capital instruments) issued by a fully consolidated subsidiary of the bank to third party investors (including amounts under paragraph 3.1 and 3.2) may receive recognition in Total Capital only if the instruments would, if issued by the bank, meet all of the criteria for classification as Tier 1 or Tier 2 capital. The amount of this capital that will be recognized in consolidated Total Capital will be calculated as follows:
• Total capital instruments of the subsidiary issued to third parties minus the amount of the surplus Total Capital of the subsidiary attributable to the third party investors.
• Surplus Total Capital of the subsidiary is calculated as the Total Capital of the subsidiary minus the lower of: (1) the minimum Total Capital requirement of the subsidiary plus the capital conservation buffer (ie 10.5% of risk weighted assets) and (2) the portion of the consolidated minimum Total Capital requirement plus the capital conservation buffer (ie 10.5% of consolidated risk weighted assets) that relates to the subsidiary.
• The amount of the surplus Total Capital that is attributable to the third party investors is calculated by multiplying the surplus Total Capital by the percentage of Total Capital that is held by third party investors.
The amount of this Total Capital that will be recognized in Tier 2 will exclude amounts recognized in Common Equity Tier 1 under paragraph 3.1 and amounts recognized in Additional Tier 1 under paragraph 3.3.
Where capital has been issued to third parties out of a special purpose vehicle (SPV), none of this capital can be included in Common Equity Tier 1. However, such capital can be included in consolidated Additional Tier 1 or Tier 2 and treated as if the bank itself had issued the capital directly to the third parties only if it meets all the relevant entry criteria and the only asset of the SPV is its investment in the capital of the bank in a form that meets or exceeds all the relevant entry criteria (as required by criterion 14 for Additional Tier 1 and criterion 9 for Tier 2). In cases where the capital has been issued to third parties through an SPV via a fully consolidated subsidiary of the bank, such capital may, subject to the requirements of this paragraph, be treated as if the subsidiary itself had issued it directly to the third parties and may be included in the banks consolidated Additional Tier 1 or Tier 2 in accordance with the treatment outlined in paragraphs 63 and 64 of the BCBS document of June 2011.
The following content has been amended in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
• The amount of the surplus Total Capital that is attributable to the third party investors is calculated by multiplying the surplus Total Capital by the percentage of Total Capital that is held by third party investors.
The amount of this Total Capital that will be recognized in Tier 2 will exclude amounts recognized in Common Equity Tier 1 under paragraph 3.1 and amounts recognized in Additional Tier 1 under paragraph 3.2.
Paragraphs 64-65: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Refer, Page 13 of Section A – Finalized guidance document concerning the implementation of Basel III, Cumulative gains and losses due to changes in own credit risk on fair valued financial liabilities
The original paragraph was as follows:
Cumulative gains and losses due to changes in own credit risk on fair valued financial liabilities
Derecognize in the calculation of Common Equity Tier 1, all unrealized gains and losses that have resulted from changes in the fair value of liabilities that are due to changes in the bank's own credit risk.
The revised paragraph would read as follows
Derecognize in the calculation of Common Equity Tier 1, all unrealized gains and losses that have resulted from changes in the fair value of liabilities that are due to changes in the bank's own credit risk.
In addition, with regard to derivative liabilities, derecognise all accounting valuation adjustments arising from the bank's own credit risk. The offsetting between valuation adjustments arising from the bank's own credit risk and those arising from its counterparties' credit risk is not allowed. "
(BIS has issued its final guidelines (July 2012) titled "Regulatory treatment of valuation adjustments to derivative liabilities - final rule issued by the Basel Committee". Banks are advised to refer to the aforementioned, these would be regarded as binding by SAMA with respect to capital computation / capital adequacy under Basel III guidelines and consider these as binding.)
Refer to Paragraph 75, Cumulative gains and losses due to changes in own credit risk on fair valued financial liabilities (Updated in July 2012)
Page 18 of Section A – Finalized guidance document concerning the implementation of Basel III, 4.4 Threshold Deduction
The original paragraph was as follows:
4.4 Threshold deductions
Instead of a full deduction, the following items may each receive limited recognition when calculating Common Equity Tier 1, with recognition capped at 10% of the bank's common equity (after the application of all regulatory adjustments set out in paragraphs 4.1.1 to 4.3):
• Significant investments in the common shares of unconsolidated financial institutions (banks, insurance and other financial entities) as referred to in paragraph 84;
• Mortgage servicing rights (MSRs); and
• DTAs that arise from temporary differences.
On 1 January 2013, a bank must deduct the amount by which the aggregate of the three items above exceeds 15% of its common equity component of Tier 1 (calculated prior to the deduction of these items but after application of all other regulatory adjustments applied in the calculation of Common Equity Tier 1). The items included in the 15% aggregate limit are subject to full disclosure. As of 1 January 2018, the calculation of the 15% limit will be subject to the following treatment: the amount of the three items that remains recognized after the application of all regulatory adjustments must not exceed 15% of the Common Equity Tier 1 capital, calculated after all regulatory adjustments. See Annex 2 for an example.
The amount of the three items that are not deducted in the calculation of Common Equity Tier 1 will be risk weighted at 250%. (Refer to Prudential Return)
The following content has been amended in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
Instead of a full deduction, the following items may each receive limited recognition when calculating Common Equity Tier 1, with recognition capped at 10% of the bank's common equity (after the application of all regulatory adjustments set out in paragraphs 4.1.1 to 4.3):
• Significant investments in the common shares of unconsolidated financial institutions (banks, insurance and other financial entities) as referred to in section 4.3 of this document;
Refer to Paragraph 87-89, A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Page 73 of Section A – Finalized guidance document concerning the implementation of Basel III, Disclosure requirements
Disclosure requirements
The original paragraph was as follows:
91. To help improve transparency of regulatory capital and improve market discipline, banks are required to disclose the following:
• a full reconciliation of all regulatory capital elements back to the balance sheet in the audited financial statements;
• separate disclosure of all regulatory adjustments and the items not deducted from Common Equity Tier 1 according to paragraphs 87 and 88;
• a description of all limits and minima, identifying the positive and negative elements of capital to which the limits and minima apply;
• a description of the main features of capital instruments issued;
banks which disclose ratios involving components of regulatory capital (eg "Equity Tier 1, "Core Tier 1 or "Tangible Common Equity ratios) must accompany such disclosures with a comprehensive explanation of how these ratios are calculated.
92. Banks are also required to make available on their websites the full terms and conditions of all instruments included in regulatory capital. The Basel Committee will issue more detailed Pillar 3 disclosure requirements in 2011.
93. During the transition phase banks are required to disclose the specific components of capital, including capital instruments and regulatory adjustments that are benefiting from the transitional provisions
The following content has been amended in the original paragraph above, these are highlighted in bold font – the rest of the original content remains “as is”:
91. To help improve transparency of regulatory capital and improve market discipline, banks are required to disclose the following:
• a full reconciliation of all regulatory capital elements back to the balance sheet in the audited financial statements;
• separate disclosure of all regulatory adjustments and the items not deducted from Common Equity Tier 1 according to section 4.4. of this SAMA guideline;
• a description of all limits and minima, identifying the positive and negative elements of capital to which the limits and minima apply;
• a description of the main features of capital instruments issued;
• banks which disclose ratios involving components of regulatory capital (eg "Equity Tier 1, "Core Tier 1 or "Tangible Common Equity ratios) must accompany such disclosures with a comprehensive explanation of how these ratios are calculated.
(Refer to Paragraphs 91-93: A global regulatory framework for more resilient banks and banking systems - revised version (rev June 2011)
Amending the Requirements of Rule No. (300-1-4) for Resident Investors According to the Foreign Investment System
Identification and Management of Step-in Risk- BCBS
This section is currently available only in Arabic, please click here to read the Arabic version.Capital Adequacy Requirements for Market Risk-2014
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 AD. Refer to SAMA Minimum Capital Requirements for Market Risk framework.Introducing a Paragraph Within Rule No. (100) of the Account Opening Rules
This section is currently available only in Arabic, please click here to read the Arabic version.Amendment of Rule (300.1.3) of the Rules for Bank Accounts
This circular is currently available only in Arabic, please click here to read the Arabic version.Range of Methodologies for Risk and Performance Alignment of Remuneration; and Pillar 3 Disclosure Requirements for Remuneration - BCBS
The Basel Committee on Banking Supervision (BCBS) has issued the final versions of its following documents relating to compensation practices:
i. The document titled “Range of Methodologies for Risk and Performance Alignment of Remuneration” issued on 12 May 2011. The document provides guidance on the design of risk-adjusted remuneration schemes and highlights issues that may affect the effectiveness of the risk adjustment methodologies;
ii. The document titled “Pillar 3 disclosure requirements for remuneration” issued on 1 July 2011. The disclosure requirements specified under this document cover the main components of sound remuneration practices and are aimed to support effective market discipline by allowing market participants to assess the quality of a bank’s compensation practices;
Both the above documents can be accessed from the Bank for International Settlements website (bis.org).
SAMA has already issued its Rules on Compensation Practices to banks vide Circular No. BCS/12580 dated 3 May 2010, which sets out the requirements, inter alia, on alignment of compensation with risk taking and compensation related disclosures. All banks are required to take into account the guidance provided in the above documents while complying with the SAMA Rules on Compensation Practices.
Amendments of Rule No. 300-1-1-3 for E-Commerce Institutions Without Official Headquarters
This section is currently available only in Arabic, please click here to read the Arabic version.Introducing a Paragraph Within Rule No. (100) of the Account Opening Rules
This circular is currently available only in Arabic, please click here to read the Arabic version.Main Principles of Governance for Banks Operating in Saudi Arabia - Definition of Independent Member
Banks’ Preparedness to Receive Applications for Prepaid Salary Cards of Domestic Workers
Enhancements and Revisions to the Basel II Framework , Market Risk and Trading Book
basel III: Treatment of Extraordinary Monetary Policy Operations in the Net Stable Funding Ratio (NSFR)
This section is currently available only in Arabic, please click here to read the Arabic version.Frequently Asked Questions on the Basel III Leverage Ratio Framework- BCBS 2014
This circular has been updated by SAMA circular No. 371000086852 dated 04/08/1437 H.SAMA refers to its circular # 351000133367 dated 25 August, 2014 regarding its guidance on the implementation of the BCBS document of January 2014 entitled “Basel III Leverage Ratio Framework” for implementation in January 2015. Recently, the BCBS has issued a document entitled “Frequently Asked Questions on Basel III Leverage Framework” that addresses various issues raised by the banks.
To promote consistent global implementation of the Basel requirements, the Committee has agreed to periodically review frequently asked questions (FAQs) and publish answers along with any technical elaboration of the standards text and interpretative guidance that may be necessary.
This document sets out the first set of FAQs that relate to the Basel III leverage ratio framework. The questions and answers are grouped according to different areas, which are in the order (i) criteria for the recognition of cash variation margin associated with derivative exposures (section 1); (ii) centrally cleared client derivative exposures (section 2); (iii) netting of securities financing transactions (SFTs) (section 3); (iv) the treatment of netting of SFTs and derivatives under a cross-product netting agreement (section 4); and (v) the exposure measure under the additional treatment for credit derivatives (section 5).
This document can be obtained from the BCBS Website (www.bis.org) which banks must review in the context of SAMA’s implementation framework.
Bank Customers Awareness Regarding VAT
Prudential Report Template for Commissions for Deposits, Loans, bonds and other Instruments
No: 391000029727 Date(g): 3/12/2017 | Date(h): 15/3/1439 Status: Superseded Pillar 3 requirements have been updated by SAMA's pillar 3 disclosure requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.SAMA in consultations with the Banking Working Groups will be issuing its guidance in the near future.
ATTACHMENT -1
Definitions and Guidance Notes "PRUDENTIAL RETURN ON LENDING AND DEPOSITS"
General
This general guidance is provided to facilitate the preparation of this quarterly return. This return should be completed at a solo level only.
Banks should use the following definitions and guidance notes for completing these returns relating to lending, deposit and borrowing's special commissions:
- Special commission received and paid should be disclosed in percentage terms(%) for new loans in first column split into Local Currency, Foreign Currency and Total and outstanding loans for the second column.
- Only weighted average is to be provided. Weighted average should be the weighted average of all changes of contractual rates within a quarter. Weighted average should be based on the amount outstanding at the end of the quarter and corresponding rates prevailing at that date.
- Current column means loans, interbank loans. investments, deposits, margin deposits, bonds and interbank deposits booked in that quarter. However, outstanding means cumulative including the current quarter.
- Calculation of weighted average(WA) is described in item 4.
- All classifications of Loans, Deposits and Bonds issued are mutually exclusive.
- All data for calculating weighted average rate should be related to M1 domestic (Resident by Local Currency & Foreign Currency).
- Special commission rate for Loans(B/S item 9.2 and 9.3), interbank deposits(B/S item 16) & lending(BIS item 4), Investment(B/S item 10) and Bond & Sukuk(B/S item 28).
- Special commission rate for deposits(B/S 17, 18, 21 and 22).
- Margin deposits(B/S 23)
- Weighted average rate for each row and each column, (if data is available) including total loans, and total deposits and subtotals should be calculated.
- This quarterly return to SAMA is due within 30 calendar days following the quarter end.
- Banks are requested to follow the note below to fill out the return.
- The list in annexure 3 should be used as a guide to fill out the return. We will update the list as needed. If any government institution or public nonfinancial corporation is not included in the list, banks are requested to draw this to our attention.
Quarterly Return
Types of Loans (please note that accrued special commission receivable should be added in the loan while computing weighted average)
2.1 Loans to Governments
Includes loans to all sovereign governments including Saudi Arabia and are classified as follows:
Budgetary central government - (more details in annexure 3) Social security funds - (more details in annexure 3) Development funds (specialised credit institutions)- (more details in annexure 3) 2.2 Loans to Financial Institutions (include insurance companies, leasing companies etc.)
2.3 Loans to Corporates
Public Non- Financial Corporates
Includes loans to all major public corporates such as ARAMCO, SABIC, SAUDIA, SEC, STC, SAPTCO etc. The detailed table as below provide examples:
Muslim World League National Water Company PETROMIN-General Organization for Petroleum and Minerals SABIC- Saudi Arabian Basic Industries SADARA SAPTCO- Saudi Arabian Public Transport Co. Saudi Arabian Airlines Saudi Arabian Minings (Ma'aden) SAUDI ARAMCO TOTAL Refining and Petrochemical Company (SATORP) Saudi Council of Engineers Saudi EDI (Saudi Electronic Data Interchange) Saudi Electricity Corporations Saudi Post Corporation Saudi Press Agency Saudi Telecom Company SAUDIA- Saudi Arabian Airlines Vela International Marine Ltd. World Assembly of Muslim Youth Large Corporates
Includes loans to all major commercial corporates with annual revenues above SR200 million. If annual revenue data is not available, in that case number of full time, employees should be considered for the definition of Large Private Corporates. Full time employees should be above 249.
Medium Enterprises
Includes loans to all medium sized commercial corporates with annual revenues between SR40 million to SR200 million. If annual revenue data is not available, in that case number of full time, employees should be considered for the definition of Medium Private Corporates. Full time employees should be from 50 to 249.
Small Enterprises
Includes loans to all small sized corporates with annual revenue between SR 3million to SR40 million. If annual revenue data is not available, in that case number of full time, employees should be considered for the definition of Small Private Corporates. Full time employees should be from 6 to 49.
Micro Enterprises
Includes loans to all small sized corporates with annual revenue upto SR3 million. If annual revenue data is not available, in that case number of full time, employees should be consider for the definition of Micro Company. Full time employees should be from 1 to five 5.
Kafalah Fund
These loans are defined to be for a maximum amount of SR. 1 O MM made to an enterprise with a maximum turnover of SR. 200 MM and are guaranteed by the Kafalah fund.
Commercial real estate
A commercial mortgage or commercial real estate loan normally involves a financing a commercial real estate asset. It generally represents a long term debt normally for up to 25 years but can be for shorter periods. The loan is secured by commercial property being financed.
Other Businesses
These include all types of business exclusive of above i.e. partnerships, proprietorships, etc.
2.4 Retail Loans
Consumer Loans
Consumer loan includes loans to individuals, household and family members, granted
on the following basis:
- Granted by the creditor to a borrower as a secondary activity for the borrower, i.e. outside the sphere of the borrower's principal commercial or professional activity. It would generally include personal loans, overdraft facilities, car loans, payment card loans, etc.
- To finance purchase of goods and services for enjoyment, consumption and other such requirements of individuals as identified above e.g. to purchase furniture, household items, vacations, education, etc.
- These may cover Shariah compliant consumer loans under Murabaha, lstisna and other Islamic contracts.
- While mortgage loans are to be excluded, home improvement financing is included.
Credit Card Loans
These include all credit balances or amount owing by payment cardholders.
Mortgages or Housing Loans
A mortgage or housing loan normally involves a financing a real estate asset. It generally represents a long term debt normally for up to 25 years but can be for shorter periods. The loan is secured by residential property being financed where this lien is recorded in the title document. These may also include Shariah complaint residential property loans that are supported by an ljarah contract.
Other loans
Any other loan not already classified in above categories.
Interbank Loans
Refers to loan placements, made by one bank to another bank.
Investments
Represents investments in TBills, Bonds, fixed and floating rate securities issued by Government and quasi government, corporate, banks and other financial institutions and other counterparties.
2.7 Placements with SAMA - Represents reverse repo placements with SAMA. This should reconcile to line 2.6 of M1 return
All types of Deposits (please note that accrued special commission payable should be added in the deposits while computing weighted average)
3.1 Split of total deposits
- If a deposit is new, original maturity should be reported in the column WA rates - current quarter. However, in case of old deposits, residual maturity should be used to populate the column stating outstanding WA rates.
- Demand deposits (including Shariah Compliant deposits) represent non-special commission bearing customer deposits that have no maturity and can be withdrawn without prior notice. These deposits also include current accounts. If a bank does not pay any commission rate on the demand deposits, it should report it as zero.
- Saving deposits (including Shariah Compliant deposits) represent non-checking special commission bearing customer deposits with no defined maturity.
- Time deposits (including Shariah Compliant deposits) represent special commissions bearing customer deposits with a defined maturity.
- Split of deposit by counterparties (Government, Financial Institutions, Corporate, SME and Retail) is required to be populated as a memo line and should not affect totals or sub totals.
Repo deposits from SAMA should reconcile to line 15.2, 15.3, 15.4 and 15.5 of M1 return.
3.2 Margin deposits
Represents all deposits received in relation to transaction in exchanges.
3.3 Bonds and SUKUK
Issued by banks should be reported according to their maturities. i.e. if the issuance is during the quarter, it should reflect original maturity date in the calculation of weighted average. However if there is an existing issuance, the weighted average %age reported in outstanding column should reflect residual maturity.
3.4 Interbank deposits
Refer to deposit received by one bank from another bank.
4. Example of Calculating Weighted Average Special Commissions
The weighted average rate is calculated as at the end of a given period, i.e, quarter.
Example of Calculating Weighted Average Special Commissions
Example-I
Example of computation of weighted average special commissions for a given period end balance in the amount of SR360 million is given below:
Special Commissions Rates Related Amounts In 000's Rates multiplied by I Amounts 1 2 3=1X2 0% 30,000 - 1% 50,000 500 2% 60 000 1,200I 4% 80,000 3,200 5% 90,000 4,500 8% 20,000 1,600 10% · 30,000 3 000 Total 360,000 14,000 WASCRs= (14000/360000)*100 Weighted Average Special
Commission Rates (WASCRs)
3.89% ATTACHMENT - 2
QUARTERLY RETURN (as attached herewith in excel format)
ATTACHMENT-3
4.1.1 Budgetary central government
1
Royal Court
2
Private Affairs of the Custodian of the Two Holy Mosques
3
Crown Prince Court
4
Private Affairs of Crown Prince
5
Royal Protocols
6
Crown Prince Royal Protocols
7
National Security Council
8
Royal Guard Regiment
9
Shura Council
10
Presidency of the Council of Ministers
11
General Secretariat of the Council of Ministers
12
Bureau of Experts at the Council of Ministers
13
King Fahd National Library
14
Ministry of National Guard
15
King Khalid Military Academy
16
The Board of Grievances
17
General Auditing Bureau
18
Ministry of Civil Service - the General Bureau
19
General Intelligence Presidency
20
Control and Investigation Board
21
General Authority of Sports
22
Chairmanship of the Commission
23
Royal Commission for Jubail and Yanbu
24
Ministry of Foreign Affairs - the General Bureau
25
Prince Saud Al-Faisal Institute of Diplomatic Studies
26
Ministry of Economy and Planning - the General Bureau
27
General Authority for Statistics
28
Ministry of Defense - the General Bureau
29
Office of the General Staff Headquarters
30
Royal Saudi Land Forces
31
Royal Saudi Air Force
32
Royal Saudi Naval Forces
33
Royal Saudi Air Defense Forces
34
King Abdulaziz Military Academy
35
King Faisal Air Academy
36
General Directorate of the Armed Forces Medical Services
37
King Fahad Naval Academy
38
King Abdullah Air Defense Academy
39
Ministry of Interior - the General Bureau
40
Directorate of Public Security
41
General Directorate of Civil Defense
42
General Directorate of Investigation
43
General Directorate of Border Guard
44
King Fahd Security College
45
Special Security Forces
46
General Directorate of Passports
47
General Administration of Mujahideen
48
Emirate of Riyadh Province
49
Emirate of Makkah Province
50
Emirate of Eastern Province
51
Emirate of Madinah Province
52
Emirate of Najran Province
53
Emirate of Aseer Province
54
Emirate of Hael Province
55
Emirate of Jazan Province
56
Emirate of Tabouk Province
57
Emirate of AI-Qasim Province
58
Emirate of Northern Border Province
59
Emirate of AI-Jouf Province
60
Emirate of AI-Baha Province
61
The Bureau of Investigation and Public Prosecution
62
General Directorate of Prisons
63
Ministerial Agency of Civil Affairs
64
Facilities Security Forces
65
The General Directorate of Narcotics Control
66
Ministry of Municipal and Rural Affairs
67
Najran Municipality
68
Aseer Municipality
69
Ha'il Municipality
70
Jazan Municipality
71
Tabuk Municipality
72
AI-Madinah Municipality
73
AI-Qasim Municipality
74
Al-Riyadh Municipality
75
Northern Borders Municipality
76
AI-Jouf Municipality
77
AI-Baha Municipality
78
Jeddah Municipality
79
Ta'if Municipality
80
Eastern Region Municipality
81
Holy Makkah Region
82
AI-Ahsa Municipality
83
Ministry of Education
84
Higher Council of Education
85
Transport Ministry
86
Saudi Railways Organization
87
Minister of Communications and Information Technology - the General Bureau
88
Ministry of Energy, Industry and Mineral Resources
89
Ministry of Commerce and Investment
90
Saudi Standards, Metrology and Quality Orgainzation
91
Saudi Export Development Authority
92
Ministry of Environment, Water and Agriculture
93
Alahsa Irrigation & Drainage Authority
94
Saudi Grains Organization
95
Ministry of Justice -the General Bureau
96
The General Presidency of Scholarly Resarch and lfta
97
The General Presidency for the Affairs of the Two Holy Mosques
98
The Saudi Projects Bureau in Yemen
99
Ministry of Finance - the General Bureau
100
Saudi Customs
101
General Authority of Zakat & Tax
102
Saudi Wildlife Authority
103
The Ministry of Islamic Affairs, Da'wah, and Guidance
104
Ministry of Haj and Umra
105
Government programs and facilities
106
Regular allowances and subvention
107
Installment payment/returns of development bonds
108
The General Authority of Meteorology & Environmental Protection
109
Saline Water Conversion Corporation
110
Ministry of Labour & Social Development
111
Ministry of Housing
112
Supreme Judiciary Council
113
King Abdul Aziz Foundation
114
National Anti-Corruption Commission
115
Saudi Red Crescent Authority
116
General Commission for the Guardianship of Trust Funds for Minors and Their Counterparts
117
Education Evaluation Commission
118
Saudi Port Authority
119
Rayal Commission for AI-Jubyal and Yanbu
120
Saudi Standards, Metrology and Quality Orgainzation
121
Saudi Arabian General Investment Authority
122
Technical and Vocational Training Corporation
123
King Abdul Aziz City for Science & Technology (KACST)
124
Institute of Public Administration
125
King Faisal Specialized Hospital & Research Centre
126
Saudi Red Cresent Authority
127
Military Industries Organization
128
Saudi Geological Survey Authority
129
General Commission for Tourism & Antique
130
Communication and Information Technology Commission (C.I.T.C)
131
Saudi Food and Drug Authority (SFDA)
132
Saudi Post Organization
133
General Authority of Civil Aviation (GACA)
134
Human Rights Commission
135
General Survey Authority
136
Kind Abdullah City for Nuclear Energy
137
King Saud University
138
King Abdul Aziz University
139
King Fahd University of Petroleum and Minerals
140
Imam Muhammad lbn Saud University
141
Islamic University
142
King Faisal University
143
Umm AI-Qura University
144
King Khalid University
145
Taibah University
146
Qassim University
147
Taif University
148
Jazan University
149
Al Jouf University
150
University of Ha'il
151
University of Tabuk
152
Al-Baha University
153
Najran University
154
Prince Nora Bint Abdulrahman University
155
Northern Borders University
156
University of Dammam
157
Prince Salman Bin Abdulaziz University
158
AI-Majma'ah University
159
Shagra University
160
Saudi Electronic University
161
University of Jeddah
162
University of Hafr Albatin
163
University of Bisha
4.1.2 Social security fund (GOSI and PPA)
4.1.3 Development funds
A Specialized Credit Institutions 1 Agriculture Development Fund 2 Social Development Bank 3 Public Investment Fund 4 Saudi Industrial Development Fund 5 Real Estate Development Fund B Saudi Fund for Development IFRS 9 (International Financial Reporting Standard-9)
Background
IFRS 9 (International Financial Reporting Standard - 9) - "Financial instruments" issued on 24 July 2014 by the lASB's (International Accounting Standards Board) is a replacement of IAS 39 "Financial Instruments: Recognition and Measurement". This standard includes requirements for recognition and measurement of assets, impairment, de-recognition and general hedge accounting. The version of IFRS 9 issued in 2014 supersedes all the previous versions and is effective globally for accounting periods beginning on or after 1 January 2018 with an early adoption permitted. In Saudi Arabia, this standard is applicable from 1 January 2018.
In 2016 and 2017, SAMA has undertaken various quantitative impact studies along with detailed consultation process with the Saudi Banks for the implementation of this accounting standard. This has resulted in issuance of a detailed guidance document in 2016 around the following topics:
- IFRS 9 governance and risk frameworks highlighting the role and ownership of finance, risk, treasury and various other business functions
- Classification and measurement of assets
- Definition of past dues
- Clarification around impairment of assets
- Quantitative and qualitative disclosures applicable from December 2016 onwards
- Impact on Capital Adequacy Ratio (CAR), Leverage Ratio (LR) and Balance sheet and Income Statement
Transitional arrangements
Based on various discussions and results of the quantitative impact studies, SAMA has decided to adopt Basel standard on "Regulatory treatment of accounting provisions - interim approach and transitional arrangements" available on Basel website. In addition, SAMA has exercised various national discretions as clarified in the following table:
Page reference of
Basel document
Summary of Basel paragraph SAMA's national discretion 3
Distinction between General Provisions and Specific Provisions for regulatory capital purposes Total stage 1 provisions and only those stage 2 provisions, which are past dues for more than 30 days but less than 90 days, should be included in Tier 2 regulatory capital. In order to allow Stage 2 provisions, the bank should have reasonable and supportable information demonstrating that even if contractual payments are more than 30 days past due, this does not represent a significant increase in credit risk. However, as per Basel rules, the use of general provisions should be limited to 1.25% of total credit risk weighted assets under the Standardized Approach. 4
Transitional Approach Day 1 impact of IFRS 9 (applicable from 1 January 2018) on regulatory capital should be transitioned over five years. 5
Choice of static vs. dynamic transitional approach The Banks should use a dynamic approach for reflecting the impact of this transition. 6
Pillar 3 disclosure* The Banks should publish details of the impact of the transitional arrangements on their Capital and Leverage ratios in their Pillar 3 disclosures Template KM1. This should clearly show position for both transitional vs fully loaded ratios (if transition not applied). * Please refer to the Pillar 3 Disclosure Requirements Framework issued by SAMA circular No. (44047144), dated 04/06/1444H, Corresponding To 27/12/2022G.
Longevity Risk Transfer Markets: Market Structure, Growth Drivers and Impediments, and Potential Risks- BCBS
The aim of this Joint Forum report is to give a first and preliminary analysis of the size and structure of the LRT markets, and the factors affecting their growth and development. It will also seek to raise awareness of the associated potential risks and cross sectoral issues for market participants, policymakers and supervisors.
Banks are expected to refer to this BCBS document as a guidance in managing their own banking employee pension funds.
The Banks can access this BCBS document from BIS website: www.bis.org where they are expected to review it and incorporate it where relevant in their own internal capital planning framework.
The Principles for Effective Risk Data Aggregation and Risk Reporting - BCBS
The Principles for effective risk data aggregation and risk reporting (the Principles) were issued by the Basel Committee on Banking Supervision (the Basel Committee) in January 2013. The Principles aim to strengthen risk data aggregation and risk reporting practices at banks to improve risk management practices. In addition, improving banks' ability to rapidly provide comprehensive risk data by legal entity and business line will enhance banks' decision-making processes and improve their resolvability.
The Principles are initially addressed to systemically important banks (SIBs) and apply not only at the group level but also to all material business units or entities within the group. National supervisors may nevertheless choose to apply the Principles to a wider range of banks. The Basel Committee and the Financial Stability Board (FSB) expect banks identified as global systemically important banks (G-SIBs) to comply with the Principles by 1 January 2016.2 In addition, the Basel Committee strongly suggests that national supervisors also apply the Principles to banks identified as domestic systemically important banks (D-SIBs) three years after their designation as such by their national supervisors.
The Banks can access this BCBS document from BIS website: www.bis.org where they are expected to review it and incorporate it where relevant in their own internal capital planning framework.
Sound Capital Planning Process: Fundamental Elements- BCBS
An important lesson from the financial crisis concerns the need for banks to strengthen their capital planning processes by making it more comprehensive, forward-looking and adequately formalized.
Consequently, some banks continued to pay dividends and repurchase common shares when capital could have been retained to insulate them against potential future losses. Additionally, banks also issued capital instruments - such as hybrid debt - that ultimately proved ill-equipped to absorb realized losses.
While, this paper does not set forth new capital planning guidance, it presents sound international practices to foster improvement in the capital planning processes of banks. It is not intended to describe an ideal state, as banks' practices and processes are expected to continue to improve and evolve. This paper is not meant to outline a one-size-fit to capital planning, as it is understood that banks would need to adopt solutions that are tailored to their individual circumstances. In this respect, banks will be expected in due course to refer to this document in preparation their annual bank documents.
The Banks can access this BCBS document from BIS website: www.bis.org where they are expected to review it and incorporate it where relevant in their own internal capital planning framework.
Quarterly Monitoring of Capital Leverage Ratio in 2011 and 2012
SAMA New Banking Products and Services Guideline- 2017
This Guideline has been updated by SAMA circular No. (45032226), dated 16/05/1445 H, Corresponding To 30/11/2023 G. To read the updated guidelines, click here.1. INTRODUCTION
Purpose and Scope
Banks occasionally introduce new products or services in the course of their business. These same innovations, however, could cause unforeseen and undesirable results. Licensed banks must therefore make sure any risks posed by new products/services to the individual bank or the financial system as a whole is well controlled. Banks must also ensure that new products and/or services deliver the required level of fair treatment, honesty and financial inclusiveness and meet SAMA's strategic objective for financial consumer protection.
In light of the above, an operational risk management framework/guideline is necessary for the introduction of new products and services. The objectives of this framework/guideline is to promote sound risk management practices in managing and controlling new product/service risk by ensuring the appropriate assessment and mitigation of risk during new product/service development.
Purpose of the Guideline
This Guideline seeks to enhance the transparency, efficiency and risk management processes of the regulated banks' new products/services approval process by-
- Providing banks with guidance on what constitutes a new product or service.
- Providing high level policy requirements for new product/service development.
- Highlighting the special case of new derivatives and Fintech products.
- Detailing the information required to be submitted for new products/service when notifying SAMA.
Scope
This Guideline sets out the applicable regulatory procedures and SAMA's expectations regarding the management and control of risk associated with the development of new financial products and services by the regulated banks. It is applicable to all licensed banks. This guideline does not apply to products/services where licensed banks are explicitly required through other regulations or the Banking Control Laws to seek SAMA's approval for certain type of banking products and/or services.
Interpretation/guidance
For the purposes of this Guideline, a new product or service is one which has not previously been marketed or sold by the bank. This is a product/service that is being offered by the bank in the Kingdom of Saudi Arabia (KSA) for the first time and includes a product/service which has never been offered by the bank before in KSA, notwithstanding the fact that the product or service may have already been offered by the bank or its parent outside of KSA (in case of a foreign bank).
OR
An existing product or service that has undergone material/significant modifications to the product structure, characteristics and risk profile.
The Chief Risk Officer (CRO) (or other designated senior risk officer identified by the bank) and the Head of Compliance shall be responsible for determining whether a variation to an existing product or service constitutes a material/significant change for the purpose of the definition of new product or service. Changes to key terms related to payment and other significant rights and obligations of the counterparties/customers, the intended uses and target markets of the product, and the nature of assets underlying the product should be taken into consideration when determining whether a change/modification is deemed significant/material change.
For Shariah-compliant products and services, the CRO or identified officer shall consult the Shariah Committee in assessing whether the proposed variation which would result in a material/significant change would give rise to any Shariah issues.
2. POLICY REQUIREMENTS & PRODUCT RISK MANAGEMENT
Banks are required to have a Board (or its delegated authority) approved New Products/Services Policy to guide the development and approval process for new banking products and services. The New Product and Services Policy should detail the process to be followed regarding the review and approval of new products and services. Such a policy should at least cover the following areas;
a. The policy shall give due regard to the interests of consumers in the development, marketing and sale of new products and services. The bank's new products policy should describe the appropriate parameters and guidance for the fair treatment of consumers which shall serve to avoid the potential for mis-selling, terms and conditions that are inherently unfair to consumers, and business practices that restrict the freedom of choice to consumers.
b. For retail products, the new products/services policy must comply with relevant regulations for retail products and services on standards of business conduct issued by SAMA as may be applicable.
c. For retail products, the policy must require that all applicants complete the 'New Products - Consumer Protection Checklist' (SAMA will provide this checklist in due course). This checklist must be signed by the Business owner and the Head of Compliance. In the event that the application for the new product does not comply with consumer protection requirements, the product cannot be introduced to the marketplace, even if other approval requirements are in place. After the introduction of the product, SAMA can, at any time, request suspension or withdrawal of the product if there is a negative impact on consumers.
d. The policy should require that senior management and/or the board as appropriate approve all new products and services.
e. A full risk assessment of a new product and service should form the basis on whether or not to introduce it to the market.
f. The policy should define the requirement to have a pilot or testing phase for the new product/service before its commercial launch.
g. The policy should define parameters for the authority which approves new products and services including the circumstances under which such authority may be delegated.
h. The policy should establish restrictions and/or prudent concentration limits for exposures to geographic regions, product lines, economic sectors or any other relevant risk dimension where applicable.
i. The policy should establish lines of responsibility for managing related new product/service risks and;
j. Establish internal communication flows to ensure that the new product or service offerings are fully integrated throughout the bank's line functions.
- The board of directors (The Board) and senior management of the bank are responsible to ensure that the new product/service risks are well managed. Banks must have in place appropriate policies and procedures to prudently manage risks associated with the new products/services it offers
- The new product/services must fall within the ambit of banking business.
- The bank should correctly classify the new product as per the accounting and SAMA trading and banking book prudential rules.
- The bank should have the organizational and operational capacity to adequately manage and control the risks associated with the new product/service.
- In offering its new product/services, the bank must comply with all applicable regulatory requirements and its internal policies as well as regulatory requirements issued by other domestic and international regulators (for overseas subsidiaries and branches). The compliance department of the bank is required to review the new product (s) or service (s) request from compliance, regulatory and financial crimes perspective and ensure that the new product (s) and service (s) conform to all rules and regulations applicable in the Kingdom. The Internal Audit function of the bank is required to audit any new product or service within six months of the launch of the product. Bank Audit departments must also ensure that Shariah compliant products remain complaint throughout the life of the product/service.
- A bank that offers new Shariah-compliant product/service shall ensure a sound and robust Shariah technical and governance framework is in place that includes a comprehensive end-to-end Shariah-compliant product/service development and implementation process. The product/service (including its accompanying documentations) must be approved by the bank's Shariah Committee
- Banks offering Shariah-compliant products/services must also have a robust bridging methodology for conversion from Shariah to conventional products status for the purposes of complying with Basel rules for capital and risk determination.
- For Shariah-compliant products, banks must ensure that the new product development process is comprehensive and robust to minimise the possibilities of the new product to be later nullified on Shariah grounds
3. Derivative Products
Derivatives play an important role in the economy. However, they are also complex in nature and are associated with certain risks that are unique to them. Banks that seek to introduce new derivatives products for their customers shall develop and implement internal customer suitability procedures aimed at ensuring that these products are only sold to suitable customers. Customer suitability procedures should be designed to seek sufficient knowledge about the customer to establish that;
(a) The customer has a practical understanding of the features of the product and the risks assumed. For the more complex derivatives such as structured products, the complexity of the payoff structure can make it difficult for customers to accurately assess the value and risk of the structure product. Banks should illustrate the potential profit and loss scenarios over the structured product's time horizon. Banks must also ensure that the senior management and the board (where a board exists) of the customers are made aware in cases where the bank is offering the more complex derivatives such as structured products..
(b) The product would meet the customer's business objectives and;
(c) The product is consistent with the customer's appetite for risk.
A bank should not recommend a derivative product to a customer unless it is reasonably satisfied that the product is suitable for that particular customer and the nature of the customer's business. Such a decision should be made based on information sought and obtained from the customer.
Given their complex nature, greater due diligence is expected for new derivatives products. As such, banks must ensure that a new derivatives product, at a minimum, meets the following three (3) key tests:
(1) An Economic Purpose Test
Banks seeking to introduce new derivative products should demonstrate that the proposed derivative instrument has a bona fide economic purpose and does not merely provide a means of financial speculation, leverage, or regulatory arbitrage. To meet this test, the bank would have to;
(1) Identify the intended customers for the proposed new derivative product and describe (with sufficient specificity) potential uses;
(2) Show that the new derivative product will fulfill a specific business need of potential customers, which existing financial products fail to fulfill; and
(3) Demonstrate that this legitimate business need significantly outweighs any potential uses of the new derivative product for speculative purposes, leverage or regulatory arbitrage as the core motivation for the customer or the bank to enter into the proposed transaction.
(2) An Institutional Capacity Test
A bank that intends to introduce a new derivatives product must demonstrate that it has the internal organizational and operational capacity to monitor and manage potential risks the proposed new product poses to the bank's own financial health, as well as to the financial well-being of the customers and overall market stability.
The bank must demonstrate that effective control, monitoring and reporting systems and procedures are in place to ensure on-going operational compliance with the bank's, the customer's and the counterparty's risk appetite. The bank should also have a strong governance process around the valuation of derivatives, which includes robust control processes and documented procedures.
(3) A Systemic Risk Test
A bank intending to introduce a new derivatives product will have to demonstrate that the proposed product does not pose potentially unacceptable systemic risk. It is the responsibility of the bank to ensure that suitability of customers for the new derivatives product are assessed not only based on the bank's exposure to an individual customer but also based on the industry's exposure to the customer. The bank would therefore need to obtain full disclosure from the customers about their derivative exposures with other banks and nonbanking entities prior to selling a new derivative product. Future access by banks to aggregate position information in Saudi Arabian Trade Repository (SATR) will help banks meet this objective but until then, banks must get their customers to disclose this as part of their facility application process. The bank must also ensure that the new derivative it seeks to market is not likely to have a negative impact on broader socio-economic policy goals of the country (Impact on SAIBOR, SAR etc). In this regard, structured products like multi-legged non-linear derivatives involving SAR against a foreign currency warrant close monitoring for their impact on the financial markets. SAMA also expects that banks report any reportable new derivatives product transactions to the Saudi Arabian Trade Repository (SATR) as per SATR reporting guidelines.
4. Fintech Products
Fintech refers to the application of information and communication technology ("ICT") in the field of financial services, including such areas as digital payment and remittance, financial product investment and distribution platforms, peer-to-peer financing platforms, cybersecurity and data security technology, big data and data analytics, and distributed ledger application to new asset classes and processes.
Banks are keen to develop innovative Financial Technology (Fintech) products and services but may not be able to do as they either require additional regulation or the current regulation does not allow for the products and services.
SAMA has adopted the SANDBOX concept to help create an environment to provide fintech regulation clarity and provides regulation check for Fintechs and financial institutions that want to check new products and services.
SANDBOX is a monitored light touch regulatory environment that enables financial institutions and startups to experiment and test financial technology solutions that may not be allowed under current regulations. A sandbox provides a period of time for the promoter and SAMA to understand the impact of the technology.
All banks wanting to introduce on their own or partner with others to introduce new Fintech products or services are required to apply to SAMA to ensure such technology is first tested and evaluated comprehensively in SAMA's SANDBOX before being released to the public.
Below is a brief description of the processes that the Fintech product/service could go through under the SAMA SANDBOX concept.
Sandbox Application Process
5. SAMA NOTIFICATION PROCESS
- Banks intending to introduce new product/service are required to notify SAMA.
- SAMA will not grant approval or a 'no objection' for new products/services but in line with its primary supervisory objectives, SAMA can object to the introduction of a new product/service by a bank if it believes that such an introduction will go against this objective.
- SAMA will base any decision (2 above) on documents submitted by the bank as well as representations as to the process that has been followed by the bank in the development of the new product or service.
A bank notifying SAMA of its intention to introduce a new product/service should complete the checklist in Appendix A, which at minimum, requires the submission of the following supporting documents/information;
a) A detailed new product/service program/description document outlining the product/service's features, structure, and target customers. Banks should provide product illustrations and flow charts where appropriate.
b) Description of the product/service's key inherent risks from both the bank's perspective and the perspective of the customer, together with the systems and processes that are in place to mitigate these risks.
c) A signed statement by the Chief Risk Officer (CRO) and the Head of Compliance of the bank that the new product/service is developed in accordance with the bank's approved New Products/Service Policy, this guideline, all other regulations and the Banking Control Laws.
d) A Copy of the New Product/Service Development Policy as approved by the Board or its delegated authority.
e) Copies of supporting documents such as Term Sheets and other constituent documents where applicable.
f) Necessary Shariah approvals for Islamic products/services.
- SAMA will acknowledge receipt of such a notification within seven (7) business days of receiving the notification. In case the bank does not receive a notification within (7) days from SAMA, it is the responsibility of the bank to follow up this and confirm whether SAMA has received its new products/service notification application. SAMA will notify the bank if it needs further information and discussions about the new product/service or if it objects to the introduction of the new product within fourteen (14) business days of receiving the notification. If the bank does not receive any objection or request for further information/discussions from SAMA after fourteen (14) business days, the bank can go ahead and launch the new product as long as it meets the requirements of this guideline, Banking Control Laws, all other SAMA regulations and the bank's own internal policies.
6. Post Launch And Ongoing Monitoring Of New Product/Service Risks
- SAMA has the right, at a future date, to object to the continued offering of a product or service if it believes that the continued offering of that product or service poses risks to the bank or the system as a whole
- Banks are required to regularly review identified risk exposures of the products and services in the light of changing market conditions not previously factored in to ensure that all material risks of the new product or service are identified and monitored
- Banks are required to keep an updated register of all their products for future inspections by SAMA
Appendix A: New Products/Services Checklist
ID
Requirements
Yes
No
A
A detailed new product/service program/description document outlining the product/service's features, structure, and target customers. Banks should provide product illustrations where appropriate
B
Description of the product/service's key inherent risks from both the bank's perspective and the perspective of the customer, together with the systems and processes that are in place to mitigate these risks
C
A signed certificate (Appendix B) by the Chief Risk Officer (CRO) and the Head of Compliance of the bank that the new product/service is developed in accordance with this guideline and the bank's approved New Products/Service Policy
D
A Copy of the New Product/Service Development Policy as approved by the Board or its delegated authority
E
Copies of the Term sheet and other constituent documents where applicable
F
Necessary Shariah Approvals
Appendix B: Statement Of Concurrence
...........Bank (Name of bank) hereby concurs that the.................. product/service (Name of product) has been developed in accordance with SAMA's new products/services guideline, the banks' approved new products policy, Banking Control Law and all other relevant laws and regulations
----------------------------------- --------------------------------
Chief Risk Officer (CRO) Head of Compliance/Chief Compliance Officer
Revised Good Practice Principles for Supervisory Colleges- BCBS
This Document has been replaced by the BCBS document titled "Principles for effective supervisory colleges", dated 26 June 2014.In the aftermath of the recent financial crisis, a series of key initiatives have been undertaken with regard to the reform of international financial regulation and supervision. In particular, supervisors have taken steps to enhance the supervision of global systemically important banks (G-SIBs). Effective supervisory colleges play a key role in such enhanced supervision. Supervisory colleges can enhance information-sharing between supervisors, help the development of a common understanding of risk in financial groups, promote a shared agenda for addressing risks and vulnerabilities, and provide a platform for communicating key supervisory messages among college members.
In general, colleges of supervisors are permanent, but flexible, structures for collaboration, cooperation, coordination and information-sharing among the authorities responsible for and involved in the supervision of the different components of cross-border banking groups. While bilateral and multilateral arrangements among supervisors of global banking groups have existed for decades, many of these arrangements were formalized as supervisory colleges only in the years leading up to the financial crisis, with this trend accelerating thereafter. Colleges are now an important component of effective supervisory oversight of an international banking group. The G20 has re-emphasised the significance of colleges in the wake of the financial crisis.
The Banks can access this BCBS document from BIS website: www.bis.org Closure of the State Bank of India Branch
Include U.S. Dollar-Denominated Government Bonds and Sukuk for Liquidity Ratio Calculation
Referring to SAMA Circular No. 10348/M A/371 dated 15/08/1409 H regarding Inclusion of Banks' Investments in Local Development Bonds as a Component of Liquid Assets for calculating the liquidity ratio for banks as stipulated in paragraph two of Article Seven of the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386 H concerning liquidity reserves and their components.
Recently, the Government of the Kingdom has issued dollar-denominated Sukuk bonds as part of its fiscal policy, which provides this type of investment option as high-quality liquid assets for banks. SAMA has decided to include this financial instrument in the calculation of the liquidity ratio as specified in the aforementioned paragraph of the Banking Control Law. Please note that these bonds and Sukuk do not qualify as financial instruments eligible for repurchase operations (Repo-Eligible).
Corporate Governance Principles for Banks
Capital Requirements for Bank Exposures to Central Counterparties- BCBS (2012)
This Circular has been updated by Capital Requirements for Bank Exposures to Central Counterparties, dated 10 April 2014. Requirements are incorporated in SAMA's Basel 3 reforms, issued by Saudi Central Bank circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.Review of the Credit Valuation Adjustment (CVA) Risk Framework
Report Timing for Bank Financial Statement (Annualy & Quarterly)
The report timing for bank quarterly and annual financial statement submissions were extended by the circular No.(11204/67), dated 22/02/1440 H, Corresponding To 01/11/2018G.TLAC Holdings Standard
In November 2015, the Financial Stability Board (FSB) published an international standard for Global Systemically Important Banks (G-SIBs) on loss-absorption and recapitalisation capacity in a bank's resolution. This standard was developed in consultation with the Basel Committee on Banking Supervision in response to a call from the G20 Leaders. The standard comprises a set of principles and a Term Sheet that implements these principles by setting a minimum requirement for Total Loss-Absorbing Capacity (TLAC) instruments.
The TLAC Holdings Standard deals with the regulatory capital treatment of banks' investments in instruments that comprise Total Loss-Absorbing Capacity (TLAC) for Global Systemically Important Banks (G-SIBs). The standard aims to reduce the risk of contagion within the financial system should a G-SIB enters into resolution. It applies to both G-SIBs and non-G-SIBs along with specifying how G-SIBs must take account of the TLAC requirement when calculating their regulatory capital buffers. The main elements of the prudential treatment are as follows:
• Tier 2 deduction: banks (both G-SIBs and non-G-SIBs) must deduct their holdings of TLAC instruments issued by other G-SIBs that do not otherwise qualify as regulatory capital from their own Tier 2 capital. • Threshold below which no deduction is required: TLAC holdings should be included within the existing 10% threshold that applies to holdings of regulatory capital instruments. There is an additional 5% threshold that may be used for non-regulatory capital TLAC holdings being measured on a gross long basis. • Instruments ranking pari passu with subordinated forms of TLAC must also be deducted subject to proportionate deduction approach.
The Banks should access the BCBS document from BIS website www.bis.org. These rules are applicable from 1 January 2019 as specified in the Basel document.
Prepaid Card - Payroll
In reference to Central Bank Circular No. (361000085193) dated 16/6/1436 H and circular number (BCT/15631) dated 11/6/1433 H Regarding the rules for prepaid services in the Kingdom of Saudi Arabia and the necessity of applying them to all prepaid payment services and products, and in light of the difficulties observed by the central bank that banks have faced in implementing paragraph number (12), from Rule number (2,4,2) related to the delivery of prepaid cards and their PINs to the concerned employees/beneficiaries, and Rule No. (3.2) Regarding the requirements of the Know Your Customer (KYC) principle for prepaid cards (salary card product) and based on discussions with banks on this matter, the central bank has studied these difficulties and classified them (especially in light of the implementation of several important national initiatives such as the Wage Protection Program) and has established appropriate mechanisms to address them.
Accordingly, you will find attached options to address those difficulties. The central bank also emphasizes that all banks must adhere to what is stated in the Regulatory Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia, and the implementation of the requirements of the Know Your Customer (KYC) principle, and the necessity of clearly defining the responsibilities and commitments of the contracting entity (legal person) in the agreement related to the issuance of prepaid cards (payroll card product) concluded in this regard, especially with regard to the distribution of cards and secret numbers to the workers under the sponsorship of the legal person. The agreement must be reviewed and approved by the Compliance Manager in the bank before its application and enforcement. Additionally, these agreements must be reviewed by the internal auditor and/or the legal advisor of the contracting entity (legal person).
The Central Bank affirms that the bank bears full responsibility for implementing the procedures and instructions of the Central Bank regarding the verification of the requirements of the "Know Your Customer" principle and ensuring that the objectives of those requirements are met. The Central Bank also emphasizes the need to comply with what is stated in this circular and the Regulatory Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia and emphasizing that this should be limited to a prepaid card account (salary card product) and starting to implement this from this date.
Updating the Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia (Payroll Card Product)
First:
According to the prepaid services rules stated in paragraph number (12) of Rule Number (2,4,2) The text states: "Such cards can be delivered to concerned employees/beneficiary by juristic person whereas personal identification numbers (PIN’s) of the cards must be delivered by the issuer (the issuer branches or representative) for the primary cardholder under a written form to be kept in the master account file". Banks face challenges in delivering the PINs to primary cardholders for several reasons, which may cause delays in opening some accounts. To address these difficulties, banks may apply one of the following options for distributing the PINs of prepaid cards (wage card product), while ensuring that the chosen option is documented by the bank in the agreements made in this regard. The central bank also emphasizes that the bank bears full responsibility for implementing the procedures and instructions concerning the verification of Know Your Customer (KYC) requirements, ensuring the necessary diligence is applied by the bank to achieve the goals of these requirements.
Options for addressing these difficulties:
1- (First Option): Activating payroll cards by having the cardholder visit the bank branches, as follows:
- Salary cards (in an inactive state) and PIN numbers are sent together to the contracting party (the legal entity - institutions or companies).
-The cards and PINs are to be handed over to two different responsible individuals from the staff of the contracting entity (the legal entity).
- The two officials from the contracting entity (legal personality) are responsible for distributing cards and secret numbers to their customers. This process should be documented, and the customer (primary cardholder) must sign to acknowledge receipt of the card and the secret number.
- The customer (primary cardholder) visits one of the bank branches to complete the card activation process and fulfill the requirements of the Know Your Customer (KYC) principle.
2- (Option Two): Activating payroll cards through a visit by the bank's employees to the headquarters of the contracting entity (legal entity), as follows:
- Salary cards (in an inactive state) and PINs are sent together to the contracting entity (legal entity - institutions or companies).
- The cards and PINs are to be handed over to two different responsible individuals from the personnel of the contracting party (the legal entity).
- The two officials from the contracting entity (legal entity) are responsible for distributing the cards and PINs to their respective customers, documenting the process, and obtaining the customer's (primary cardholder's) signature upon receipt of the card and PIN.
- The bank coordinates with the officials of the contracting entity (legal entity) to visit its site through two branch employees who have different responsibilities and authorities, with the aim of implementing the Know Your Customer (KYC) requirements.
- After the bank verifies the matching of the client's information (the primary cardholder) and applies the Know Your Customer (KYC) requirements, and the client receives the card and the associated PIN, the card is activated.
3- (The third option): Activating bank cards through mobile messages (One Time Password – OTP):
- Payroll cards (in inactive status) are sent to the contracting party (the legal entity - institutions or companies).
- The contracting entity (legal personality) - through one of its responsible employees - undertakes the distribution of the cards to its employees through a documented mechanism and obtains the customer's (primary cardholder's) signature upon receiving the card.
- The bank coordinates with the contracting party (the legal entity) to arrange a visit for the bank's personnel (two branch employees with different levels of responsibilities) to the worksite in order to fulfill the requirements of the Know Your Customer (KYC) principle and to obtain the customer's (primary cardholder's) signature on a declaration confirming receipt of their card and the accuracy of their mobile number.
- The bank sends a One Time Password (OTP) to the mobile phone of the customer (primary cardholder) that was registered in the account opening form and signed by the customer.
- The primary cardholder is enabled to activate their card using a one-time password (OTP) through one of the bank's electronic channels (such as an ATM). These channels will be programmed to prompt the customer to enter a new permanent PIN for the card. The bank is committed to setting a specific validity period (48 hours for example) for the OTP sent to the customer's mobile phone number.
Second:
According to what was reported in Regulatory Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia, and due to the difficulties associated with the requirement to reapply the Know Your Customer (KYC) principle at every renewal of the legal residency - which is often valid for twelve months - for resident customers working for governmental or non-governmental entities, or individuals classified as domestic workers, despite the basic information (such as the customer’s name and the sponsor’s name) not changing. Banks may address these difficulties for prepaid cards (salary card products) by adhering to the following:
- After the bank implements the requirements of the Know Your Customer (KYC) principle and meets the customer (the primary cardholder) face-to-face when opening a prepaid card account (such as a salary card product), it's not necessary for the customer- only resident individuals - to come to the bank again to update their information and re-apply the KYC requirements as long as the core information of the client (such as: the client's name, sponsor's name, nationality) has not changed. It suffices to update and match the client’s information electronically using the data available from the (NIC-National Information Center), provided that the bank retains a printed copy of the electronic update of the customer's information.
- The bank must reapply the Know Your Customer (KYC) principle after a maximum period of five years from the last application of the principle and meet the customer face-to-face, provided that there have been no changes to the customer's basic information during this period.
- The bank must freeze the prepaid card account (salary card product) of the customer if any of their basic information changes, which the bank may discover. This should be done during the electronic update phase, and the customer must be notified and requested to visit the bank to apply the Know Your Customer (KYC) principle.
This procedure is limited to residents of the Kingdom.
Third:
According to what was reported in the Regulatory Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia and the accompanying difficulties in reapplying the Know Your Customer (KYC) principle for individual expatriate customers who are coming to work for government or non-government entities. These clients have been allowed to open prepaid card accounts (Payroll Card product) under a temporary residency based on a work visa in their passport, limited to a ninety-day period. And further to the Circular no. (341000029727) issued from the Central Bank dated 7/3/1434 H. Regarding the amendment of the title and requirements of the third paragraph of Rule No. (3-1-200): "Regarding the accounts of "individual expatriates and residents in the Kingdom / work visa residence for three months in the passport", banks may address these challenges by adhering to the following (after the issuance of the official residence permit for the customer):
- Sufficient to update the data of the expatriate customer (primary cardholder) in this case electronically by utilizing the services of the (NIC- National Information Center), provided that the bank retains a hard copy of the electronic update of the customer's information.
-In case the bank discovers—during the electronic update phase—any discrepancies in the fundamental data of the expatriate worker (such as the sponsor's name) from that provided during the account opening of a prepaid card (salary card product), the bank must immediately freeze the account and inform the account holder. The bank would then request the account holder to visit the bank to fulfill the requirements of the Know Your Customer principle, as per the procedures mentioned in the Regulatory Rules for Prepaid Payment Services in the Kingdom of Saudi Arabia.
- This mechanism is limited to individual expatriates working for government or non-government entities, or domestic workers classified as residents, who have fulfilled all the requirements of the Know Your Customer (KYC) principle and have been met face-to-face by the bank during the prepaid account opening phase (salary card product).
Revisions to the Securitisation Framework- BCBS
In July 2016, the Basel Committee on Banking Supervision (BCBS) published an updated standard for the regulatory capital treatment of securitisation exposures that includes the regulatory capital treatment for "Simple, Transparent and Comparable" (STC) securitisations. This standard amends the BCBS's 2014 capital standards for securitisations.
The capital treatment for STC securitisations builds on the 2015 STC criteria published by the BCBS and the International Organization of Securities Commissions. The new standard sets out additional criteria for differentiating capital treatment of STC securitisations from other securitisation transactions. The additional criteria, for example, exclude transactions in which the standardised risk weights for the underlying assets exceed certain levels. This ensures that securitisations with higher- risk underlying exposures do not qualify for the same capital treatment as STC-compliant transactions.
Compliance with the expanded set of STC criteria should provide additional confidence in the performance of the transactions, and thereby warrants a modest reduction in minimum capital requirements for STC securitisations. Compared to the consultative version in November 2015, the final standard has scaled down the risk weights for STC securitisation exposures, and has reduced the risk weight floor for senior exposures from 15% to 10%.
Banks are expected to review the BCBS document available at the BIS website www.bis.org and undertake the necessary changes to comply with it from the date of issuance of this circular.
Supervision Guidelines for Identifying and Dealing with Weak Banks
General Guidelines for Working of the Banking Committee
Basel - Standards Review of the Pillar 3 Disclosure Requirements
This Circular has been superseded by SAMA circular No.(440471440000), dated 04/06/1444 H, Corresponding To 27/12/2022 G.LCR - Liquidity Coverage Ratio
Please refer to section 28 "Liquidity" under Pillar 3 Disclosure Requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.The Standardised Approach for Measuring Counterparty Credit Risk
"The Minimum Capital Requirements for Counterparty Credit Risk" in The Basel III Reforms, issued via SAMA circular No. (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G supersede any conflicting requirements in this circular.Background
The Basel document on the Standardised Approach for measuring Counterparty Credit Risk includes a comprehensive, non-modelled approach for measuring counterparty credit risk associated with OTC derivatives, exchange-traded derivatives, and long settlement transactions. The new standardised approach (SA-CCR) replaces both the Current Exposure Method (CEM) and the Standardised Method (SM) in the capital adequacy framework. In addition, the Internal Models Method (IMM) shortcut method will be eliminated from the framework once the SA-CCR takes effect. The new Standardised Approach includes:
• increased specificity regarding the application of the approach to complex instruments; • the introduction of a supervisory measure of duration for interest rate and credit derivative exposures; • removal of the one-year trade maturity floor for unmargined trades and the addition of a formula to scale down the maturity factor for any such trades with remaining maturities of less than one year; • the inclusion of a supervisory option pricing formula to estimate the supervisory delta for options; • a cap on the measured exposure for margined transactions to mitigate distortions arising from high threshold values in some margining agreements; and • adjustments to the calibration of the approach with respect to foreign exchange, credit and some commodity derivatives.
SAMA has conducted a consultation process with the Saudi Banks in the development of this regulation, which is attached in the annexures containing: *
• Annexure 1: The Standardised Approach for measuring Counterparty Credit Risk exposures (available on BIS website http://www.bis.org/publ/bcbs279.pdf)* • Annexure 2: SAMA's position on National Discretion and Frequently Asked Questions (FAQs) and answers. • Annexure 3: Changes in the template 17.6.3 A. Please ensure that this template is cross-validated and reconciled to other Q17 templates. *
Implementation date
These rules are applicable from 1 January 2017 as specified in the Basel document.
* No longer relevant
Standardized Approach for Measuring Counterparty Credit Risk Exposure - BCBS March 2014
Capital Requirements for Bank Exposures to Central Counterparties of April 2014 - BCBS
Net Stable Funding Ratio Disclosure Standards
Update on Correspondent Banking Annex of Guidelines for Sound Management of Risks Related to Money Laundering and Terrorist Financing
The Basel Committee on Banking Supervision has issued an update to the Annex for Correspondent Banks against the Guidelines for Sound Management of Risks Related to Money Laundering and Financing of Terrorism, which was initially published in January 2014 and updated in February 2016, aligning with what the Financial Action Task Force (FATF) released for combating money laundering and financing of terrorism in October 2016.
This update aims to guide banks on the risk assessment mechanism in activities and transactions related to correspondent banks, due to different levels of risk involved. The principles include an updated list of risk indicators that must be taken into account when evaluating these risks.
SAMA emphasizes the importance of the commitment of banks operating in the Kingdom with the updated annex for correspondent banks issued by the Basel Committee on Banking Supervision.
Announcement of the Basel III Accord and SAMA Plans for Its Implementation of Basel II and III in 2011
No: 321000005944 Date(g): 15/2/2011 | Date(h): 12/3/1432 Status: In-Force The Basel Committee for Banking Supervision (BCBS) issued its finalized comprehensive reforms package in December 2010 to strengthen global capital and liquidity rules with the goal of promoting a more resilient banking sector. The objective of these reforms is to improve the banking sector's ability to absorb shocks arising from financial and economic stresses, and in this regard, this comprehensive package addresses the lessons learnt from the financial crisis.
In December 2009, the BCBS issued its initial comprehensive consultative document entitled "The Strengthening the Resilience of the Banking System". This document proposed major enhancements and amendments to the Basel II framework for strengthening the global capital framework through raising the quality, consistency and transparency of capital, institution of capital buffers, enhancing risk coverage, and the introduction of leverage and liquidity ratios. Following an elaborate consultation process, the major features of Basel III have now been agreed by the Basel Committee, and the final Basel III text was issued on 16 December 2010.
As a member of the Basel Committee, SAMA has been actively involved in developing these standards and it fully supports the package of reforms announced by the BCBS. SAMA believes that the Basel III framework will strengthen the supervisory framework by enhancing the quality and quantity of capital, introduction of liquidity and leverage ratios and by supporting greater sophistication in identification and management of risks in the banking industry. Therefore, SAMA is planning to fully implement Basel III as provided by the BCBS Reforms Package on the basis of the phase-in arrangements described in attachment - 1.
As was the case for Basel II, the implementation of Basel III in the Saudi banking system will require close coordination and collaboration between SAMA and the banks. The process will require continuous communication and feedback to ensure that the implementation of Basel III proceeds smoothly. SAMA intends to actively involve all Banks through bilateral and multilateral meetings, and SAMA sponsored seminars and presentations in the implementation of Basel III reforms. This circular is the first in a series of communiqués that SAMA plans to issue over the next few years.
During 2011, SAMA will continue to discuss with the Banks the implementation of Basel II projects and some new initiatives under Basel III. The main areas of work are as follows:
1. Further refinements of the ICAAP process in light of Basel III. 2. Follow up on Banks previously submitted plans for transition to the IRB approaches for credit risk. 3. Finalization of Prudential Returns and Guidance notes for IRB Approaches 4. Finalization of the Prudential Return on Capital Leverage Ratio and start of the monitoring process. 5. Finalization of the Prudential Returns for Liquidity Coverage Ratio and monitoring will start in 2012.
SAMA envisages forming a number of working groups to advance the implementation of different aspects of Basel III. These are listed in Attachment . 2. All Banks are required to designate at least 2 senior persons to each Committee by 28 February 2011. Their names and contact telephone numbers should be forwarded to Mr. Fahd Al-Mufarrij, Director of Banking Supervision. We expect these Committees to commence work once further details on Basel III proposals are issued by the BCBS, and SAMA has assessed their relevance and implications for the Saudi Banking system. We expect the working groups to commence their work in the 2nd quarter of 2011.
In order to ensure a good understanding of Basel III in the Banking sector, SAMA representatives have made presentations to Managing Director of the Banks in the MD's Committee and to relevant senior managers and Basle II Team members in December 2010. SAMA may organize additional seminars during 2011 to deal with specific areas. Banks will be notified about the specific dates and details of such seminars in due course.
Banks are advised to maintain strong Basel II/III teams with a designated project leader (coordinator) to plan and execute the implementation of Basel III. The Project Leader should have overall responsibility, with the work delegated to the team members. The Project Leader should also act as the liaison person with SAMA.
Attachment - 1 Basel III Reforms Package Phase-In-Arrangement
2011 2012 2013 2014 2015 2016 2017 2018 1 January 2019 Leverage Ratio Supervisory monitoring Parallel run 1 Jan 2013 - 1 Jan 2017 Disclosures start 1 Jan 2015 Migration to Pillar 1 Minimum Common Equity Capital (CEC) Ratio 3.5% 4.0% 4.5% 4.5% 4.5% 4.5% 4.5% Capital Conservation Buffer 0.625% 1.25% 1.875% 2.50% Minimum Common Equity plus capital conservation buffer 3.5% 4.0% 4.5% 5.125% 5.75% 6.375% 7.0% Phase-in of deductions from CETI (including amounts exceeding the limit for DTAs, MSRs and financials) 20% 40% 60% 80% 100% 100% Minimum Tier 1 Capital 4.5% 5.5% 6.0% 6.0% 6.0% 6.0% 6.0% Minimum Total Capital 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% Minimum Total Capital plus conservation buffer 8.0% 8.0% 8.0% 8.625% 9.25% 9.875% 10.5% Capital instruments that no longer qualify as non-core Tier 1 capital or Tier 2 capital Phased out over 10 years horizon beginning 2013 Liquidity coverage ratio1 Observation period begins Introduce minimum standard Net stable funding ratio Observation period begins Introduce minimum standard Note: All dates as of 1 January.
1 Reporting to regulatory authorities from January 2012.
Attachment - 2 Working Group (WG) to Implement Basel III
1.
Working Group on Capital Reforms
Banks should be represented by a senior officer (Chief Financial Officer, Chief Risk Officer, Strategic Planning, etc). This WG would study Capital Reforms and examine the current position of Banks and assess what remains to be done for its full implementation.
2.
Working Group on Global Liquidity Standards
This WG will examine the under-mentioned new Global liquidity Standards for monitoring, observing and implementation in Saudi Arabia.
• Liquidity Coverage Ratio (LCR) • Net Stable Funding Ratio (NSFR)
The WG will particularly focus on Basel ill proposals. Banks should be represented by senior staff members from Risk Management, Treasury or Finance Department.
3.
Working Group on Enhanced Risk Coverage
The WG will examine the proposals for enhanced risk coverage for implementation in Saudi Arabia including the following:
• Securitization • Trading Book • Counterparty Credit Risk
The WG will particularly focus on Basel III proposals in relation to the above items. Banks should be represented by a senior staff members from Risk Management, Treasury or Finance Department.
4.
Working Group on Enhanced Pillar 2 Reforms
This Working Group will focus on Basel III proposals on Pillar 2 related reform, and their impact on ICAAP, Supervisory Review process.
5.
Pillar 3 Reforms
As in the past, Saudi Central Bank will continue to develop any refinements in Prudential Templates and Guidance notes through the Chief Financial Officers' Committee
Attachment - 3 Major Refinements and References
Components of Basel III: Major Regulatory Overhaul of Regulatory and Prudential Framework
Summary of Basel Committee Reforms:
1) Capital
• Quality and level of capital • Capital conservation buffer • Countercyclical buffer • Capital Ratios Phased in • Regulatory deduction phased in • Non compliant instrument phased out
2) Risk Coverage
• Securitizations / Re-securitizations • Trading book • Counterparty Credit Risk
3) Containing Leverage
• Leverage ratio
4) Pillar 2
• Risk concentration • Off balance-sheet items • Reputational risk • Sound compensation practices • Valuation and liquidity risk • Sound stress testing practices
5) Pillar 3
• Enhanced exposure on securitized assets, CDO's MBS, Leverage Finance • Thematic Review in progress
6) Global Liquidity Standard and Supervisory Monitoring
• Liquidity Coverage Ratio • Net Stable Funding Ratio • Supervisory Monitoring • Principles for Sound Liquidity Risk • Management and Supervision
7) Systemic Risk and Interconnectedness
• "Gone Concern" Contingent capital • Risk coverage • Cross-border bank resolution • Significant Financial Institutions (SIFI's)
Core Principles for effective banking supervision- BCBS (2012)
This document has been updated by the BCBS document entitled "Core Principles for effective banking supervision", dated 25 April 2024.The Basel Committee on Banking Supervision revised October 2006 Core principles for effective bonking supervision and the associated Core principles methodology. These revisions in the Core Principles were then endorsed by banking supervisors at the 17th International Conference of Banking Supervisors held in Istanbul, Turkey, on 13-14 September 2012. Since then, there has been no change but Basel Committee will continue to look into these principles to suggest any additions in future.
Both the existing Core Principles and the associated assessment methodology have served their purpose well in terms of helping countries to assess their supervisory systems and identify areas for improvement. While conscious efforts were made to maintain continuity and comparability to the extent possible, the revised document (issued in September 2012) combined the Core Principles and the assessment methodology into a single comprehensive document. The revised set of twenty-nine Core Principles has also been reorganized to foster their implementation through a more logical structure, highlighting the difference between what supervisors do and what they expect banks to do.
These principles are useful for both regulators and the banks. Principles 1 to 13 address supervisory powers, responsibilities and functions, focusing on effective risk-based supervision, and the need for early intervention and timely supervisory actions. Principles 14 to 29 cover supervisory expectations of banks, emphasizing the importance of good corporate governance and risk management, as well as compliance with supervisory standards.
Banks should access the BCBS document from BIS website www.bis.org and continue to follow these standards to enhance their risk management processes and procedures and corporate governance.
Basel Committee Documents Published on 16 December 2010
(1) Basel Ill - Global Framework for More Resilient Banks and Banking System.
(2) Basel Ill - International Framework for Liquidity Risk Measurement Standards and Monitoring.
(3) Results of the Quantitative Impact Study.
On 16 December 2010, the Basel Committee on Banking Supervision has issued the rules text, which presents the details on Global Regulatory Standards on Bank Capital Adequacy and Liquidity agreed by the Governors and Heads of Supervision, and endorsed by the G-20 Heads of State at their November 2010 Summit in Seoul, Korea. The Committee has also published the results of its comprehensive Quantitative Impact Study (QIS).
These documents are of interest to all banks in Saudi Arabia that have currently implemented the Basel II framework and are now preparing to move on to Basel III. Banks are expected to review these documents and start developing their plans for implementation of Basel III. Banks should study these carefully and become familiar with the rules text. Over the next few months, SAMA will be issuing specific guidance documents to banks on these subjects including SAMA's position in areas where national discretion is to be applied. SAMA will also issue revised or new prudential returns related to these topics.
The Basel Committee has also released the results of the Quantitative Impact Study (QIS) that was carried out in 2009 and 2010. The QIS covered the impact on banks due to proposed rules relating to new Regulatory Capital and Liquidity. The results of the QIS should be of interest to all banks, particularly to the three (3) Saudi Banks that participated in this study.
Working Hours of the Remittance Centers Affiliated with Banks
Referring to paragraph (4) of the first edition of the "Guide to Rules Governing Banks’ Remittance Centers" which included the approval of Friday as an official weekly holiday for all remittance centers, as communicated in SAMA Circular No. 381000063572 dated 14/06/1438 H.
Taking into account the study conducted by SAMA regarding the percentage of operations that were carried out on Fridays in previous years, and with the desire to gradually apply the instructions. As the public interest requires not to stimulate shadow markets, if any bank wishes to exclude some branches of remittance centers to operate on Fridays for a year, a no-objection request can be submitted to SAMA, including the names of the branches, their locations, and the required working hours, provided that they are in accordance with the Guide to Rules Governing Banks’ Remittance Centers, and the request does not exceed 20% of the total number of branches of the bank's remittance centers.*
* According to SAMA Circulars No. 2304/41 dated 09/09/1439 H and No. 49029/67 dated 05/08/1440 H, extending the exception for bank remittance centers to operate on Fridays has been extended for two years, provided that it aligns with the approved working hours regulations mentioned above. A request for non-objection can be submitted to SAMA, including the names of the branches, their locations, and the required working hours, and the request should not exceed 10% of the total number of branches of the bank's remittance centers.
Pillar3
Amendments in Saudi Central Bank Capital Rules
Following the recent Regulatory Consistency Assessment Programme (RCAP) of Saudi Central Bank Capital rules by the Basel RCAP Assessment Team, Saudi Central Bank has considered suggestions to add, clarify and correct some rules to make them consistent with the Basel Text.
These amendments have been made in the attached documents and the changes have been highlighted for ease of reference.
1. Pillar 1-Basel 11.5 - Saudi Central Bank’s Guidance Document concerning implementation 2. Basel II Guidance Document - Pillar 2 Supervisory Review Process 3. Basel II - Saudi Central Bank’s detailed Guidance Document relating to Pillar 1 4. Finalized Guidance Document concerning the implementation of Basel III 5. Basel III - Pillar 3 - Package of disclosure requirements and guidance notes 6. Saudi Central Bank’s Detailed Guidance Notes on the maintenance of adequate capital against market risk by Saudi Banks 7. Basel III IRB Approaches - Prudential Returns and Guidance Notes 8. Prudential Returns, General Guidance Notes on Internal Rating Based (IRB) Approaches 9. Table 2 - Capital structure 10. Table 8 - General disclosures for exposures related to counterparty 11. Table 9 (STA) - Securitisations - Standardised disclosures 12. Templates for qualitative disclosures
Banks are advised to follow the amended rules with effect from the date of this circular.
Basel III Monitoring Report
The Document outlined in this circular is superseded by the BCBS.To assess the impact of the Basel III framework on banks, the Basel Committee on Banking Supervision monitors the effects and dynamics of the reforms. For this purpose, a semiannual monitoring framework has been set up on the risk-based capital ratio, the leverage ratio, and the liquidity metrics using data collected by national supervisors on a representative sample of institutions in each country. This report is the seventh publication of results from the Basel III monitoring exercise and summarizes the aggregate results using data as of 30 June 2014. The Committee believes that the information contained in the report will provide relevant stakeholders with a useful benchmark for analysis.
Banks are advised to access the BCBS document from BIS website www.bis.org for information purposes only.
SAMA's Amended IRB Prudential Returns and Guidance Notes Package and Frequently Asked Questions (FAQs)
Adjusting the Loss Given Default (LGD) Rate for the Corporate Sector from 60% to 50%
Progress in Adopting the Principles for Effective Risk Data Aggregation and Risk Reporting - BCBS (2015)
A Subsequent Report on the Progress in adopting the Principles for effective risk data aggregation and risk reporting has been published in April 2020.The Principles for effective risk data aggregation and risk reporting (the “Principles”) were issued by the Basel Committee on Banking Supervision in January 2013. The Principles aim to strengthen risk data aggregation and risk reporting practices at banks to improve risk management practices. In addition, improving banks' ability to rapidly provide comprehensive risk data by legal entity and business line is expected to enhance both their decision-making processes and their resolvability.
The Principles are initially applicable to systemically important banks (SIBs) and apply not only at the group level but also to all material business units or entities within the group. National supervisors may nevertheless choose to apply the Principles to a wider range of banks. In this respect, the BCBS and the Financial Stability Board (FSB) expect banks identified as global systemically important banks (G-SIBs) to comply with the Principles by 1 January 2016. In addition, the BCBS strongly suggests that national supervisors also apply the Principles to banks identified as domestic systemically important banks (D-SIBs) three years after their designation. To facilitate consistent and effective implementation of the Principles among G-SIBs, it was decided to use a coordinated approach for national supervisors to monitor and assess banks' progress until 2016.
In this respect, this report compares the response of the 30 G-SIBs that participated in the initial 2013 stock taking with the response of the the 2014 questionnaire.
Banks are expected to study the text of this report and be fully aware with regard to its content and be prepared for its implementation in 2016. This circular is relevant to D-SIBs in Saudi Arabia, which according to Saudi Central Bank circular # 351000138356 dated 5 November 2014 will be identified prior to 2016.
Fundamental Review of the Trading Book - BCBS Consultative Document
The Securitization Framework-BCBS
Requirements outlined in this document has been integrated into the Basel Framework, issued by Saudi Central Bank circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.The Basel Committee is publishing the revised securitisation framework, which aims to address a number of shortcomings in the Basel II securitisation framework and to strengthen the capital standards for securitisation exposures held in the banking book. This framework, which will come into effect in January 2018, forms part of the Committee’s broader Basel ill agenda to reform regulatory standards for banks in response to the global financial crisis and thus contributes to a more resilient banking sector.
In developing the final standards for capitalising securitisation exposures, the Committee has carefully taken into account the comments received on the two consultative documents, as well as the results of the quantitative impact studies (QIS) undertaken during the consultations. Furthermore, revisions have also been guided by the Committee’s determination to strike an appropriate balance between risk sensitivity, simplicity and comparability. Further work is being conducted jointly by the Basel Committee and the International Organization of Securities Commissions (IOSCO) to review securitisation markets and to identify factors that may be hindering the development of sustainable securitisation markets.
This document should be of interest to all banks in Saudi Arabia as they have implemented the Basel III framework. Banks are expected to review this document and become familiar with the rules text and start developing their plans for its implementation. Over the next few months, Saudi Central Bank will be holding meeting with all banks through the Working Group Forum concerning other risks. At the conclusion of the Working Group meeting, Saudi Central Bank will be issuing specific guidance documents including prudential returns to banks, and will also notify banks with respect to its position in areas where national discretion is to be applied.
Guidelines on Application Procedures for the Adoption of IRB Approaches
FSB Documents: Principles for an Effective Risk Appetite Framework (Finalized Document) & Guidance on Supervisory Interaction with Financial Institutions on Risk Culture (Consultative Document)
The Financial Stability Board (FSB) has published the above Documents on 18 November 2013. The two documents aim to assist supervisors in assessing the risk culture at financial institutions. Both Documents can be obtained from FSB Website: www.financialstabilityboard.org.
Banks are required to implement "Principles for an Effective Risk Appetite Framework” Document effective 1 st January 2014, and review the public consultative Document "Guidance on Supervisory Interaction with Financial Institutions on Risk Culture" and provide their comments to the Agency by 26 January 2014 for onward submission to the FSB.
Amendment of Rule 300.1.15.4 of the Rules for Bank Accounts
This circular is currently available only in Arabic, please click here to read the Arabic version.Supervisory Guidance for Managing Risks Associated with the Settlement of Foreign Exchange Transactions- BCBS
This Guidance published on 15 February 2013 updates the Basel Committee's Supervisory guidance for managing settlement risk in foreign exchange transactions. Since the publication of that guidance in 2000, the foreign exchange market has made significant strides in reducing the risk associated with settlement of FX transactions. Substantial FX settlement- related risks remain, however, not least because of the rapid growth in FX trading.
While the original 2000 guidance focused mainly on the principal risk element of FX settlement-related risks, the new guidance is intended to address a broader spectrum of FX settlement-related risks. It provides more comprehensive and detailed direction on governance arrangements and the management of principal risk as well as all other FX settlement-related risks. In addition, the guidance promotes the use of payment-versus-payment arrangements, where practicable, to reduce principal risk. It should be noted that this guidance was drawn up in close consultation with the Committee on Payment and Settlement Systems. This paper can be obtained from BIS website: www.bis.org.
The guidance is organized into seven "guidelines" that addresses governance, principal risk, replacement cost risk, liquidity risk, operational risk, legal risk and capital for FX transactions. Bank should accordingly include where applicable the guidance offered by this finalized BCBS Press Release and Document in their respective internal governance and risk management policies and procedures.
A Framework for Dealing with Domestic Systemically Important Banks- BCBS (2012)
SAMA issued through its Circular # BCS 28411 dated 20 November 2011 the BCBS document entitled "Global Systemically Important Banks: Assessment Methodology and the Additional Loss Absorbency Requirement" for information purposes only, regarding reforms to improve the resilience of Global Systemically Important Banks (G-SIBs).
In this regard, the BCBS has now issued the attached finalized document entitled "A Framework for Dealing with Domestic Systemically Important Banks (DSIBs)". SAMA is circulating it to the banks with the purpose that the framework for G-SIBs is also applicable to DSIBs. In specific, it is based on an assessment by local authorities on the impact of the failure of bank on the local financial system and local economy. In due course, SAMA will make an assessment and determine the D-SIBs in Saudi Arabia to which these principles will be applied. As the G-SIBs framework is to be phased in by January 2016, the same timeframe will applied to the D-SIBs. *
We suggest that all Banks should access these papers from Bank for International Settlements website: (bis.org) and distribute these to their relevant managers.
*In that regard, SAMA issued an updated circular No. (351000138356) dated 12/11/1435 H corresponding to 7/9/2014 AD, entitled "A Framework for Dealing with Domestic Systemically Important Banks in Saudi Arabia".
Periodic Reports on Customers Complaints
This section is currently available only in Arabic, please click here to read the Arabic version.Basel Committee Papers of Relevance to Saudi Banks
During 2011, the Basel Committee on Banking Supervision has published two documents related to operational risk management. In this regard, Bank Management can specifically benefit from these papers by incorporating the relevant principles and guidance information in their operational risk management and control policies and procedures.
SAMA would like Banks to be fully aware of the following Basel Committee Papers issued during 2011.
1. June 2011 - Operational Risk Supervisory Guidelines for Advanced Risk Measurement Approach*
2. June 2011 - Principle for Sound Management of Operational Risk**
We suggest that Banks should access these papers from Bank for International Settlements website: (http://www.bis.org). The Banks should distribute these papers to relevant managers in Risk Management, Compliance and Internal Audit functions to keep them abreast of the current developments and practices.
* SAMA Circular No. 44047144 (Basel 3 Reforms), Issued on 27/12/2022 supersedes any conflicting requirements in that document.
** This Document is superseded by the "Revisions to the principles for the sound management of operational risk", dated 31 March 2021.
Capital Requirements for Bank Exposures to Central Counterparties
Capital Requirements for Banks' Equity Investments in Funds
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022G. Refer to Minimum Capital Requirements for Credit Risk Framework.Preservation of Documents Related to Bank Customers
In light of SAMA's desire to regulate the periods during which banks retain documents related to their customers, and based on paragraph (d) of Article (3) of the Saudi Arabian Monetary Authority Law issued by Royal Decree No. (23) dated 23/05/1377H, which empowered SAMA to issue specific instructions to banks operating in the Kingdom.
Banks must establish an internal policy that regulates the mechanisms, procedures, and periods for retaining documents related to their customers. This policy should include, at a minimum, the following:
1. Retention of all original paper documents related to customer transactions for a minimum of ten years from the date of either the completion of the transaction or the termination of the contractual relationship, in addition to maintaining a clear electronic copy of these documents.
2. Retention of all original paper documents related to legal claims or investigations of any nature, along with maintaining a clear copy, for a minimum of ten years from the date of the end of the case.
3. Banks must adequately inform their customers about the document retention period through contracts made with customers and by highlighting this information on the bank's website.
4. There should be an annual periodic review conducted by the Internal Audit Department as part of the auditing programs to verify the integrity and completeness of the retention process, ensuring compliance with the provisions of this circular, any other related instructions, and the internal policy of the bank mentioned above.For your information and implementation effective from this date, noting that this circular does not affect the requirements of any other related circulars or instructions.
Final Elements of the Reform to Raise the Quality of Regulatory Capital - Loss Absorbency at the Point of Non-viability- BCBS
The Basel Committee on 13 January 2011 has issued a Press Release accompanied by the minimum requirements to ensure that all classes of capital instruments fully absorb losses at the point of non-viability before tax payers are exposed to losses. The Committee is proposing that in order for an instrument issued by a bank to be included in additional (i.e. non-common) tier-1 or tier-2 capital, it must meet or exceed minimum requirements set out in Annex 1 to the Basel Press Release dated 13 January 2011. These requirements are in addition to the criteria detailed in the Basel Ill capital rules that were published in December 2010.
All Banks in Saudi Arabia are required to be familiar with these minimum requirements and should take these into consideration when planning to issue any additional tier-1 or tier-2 capital instruments. These rules go into immediate effect from the date of this Circular. You may access the minimum requirements and the Press Release dated 13 January 2011 from Bank for International Settlements (BIS) website address: (http://www.bis.orq).
Report and Recommendations of the Cross-border Bank Resolution Group- BCBS
The Basel Committee on Banking Supervision has issued a Report on 18 March 2010 entitled "Report and Recommendations of the Cross-border Bank Resolution Group". The Report addresses the complex and multidimensional process that is required for an orderly resolution of Banking institution problems during a financial turmoil or crises. While the Report is largely aimed at the national authorities and makes recommendations on strengthening the national resolution power and their cross-border implementation; it also suggests that Banks, as well as key home authorities should develop practical and credible contingency plans to ensure access to relevant information in a crisis.
This document is more relevant to Saudi Banks with cross-border operations. Nevertheless, Saudi Central Bank would like all Saudi Banks to study this report and in particular focus on Recommendation #6 which proposes that there should be a contingency plan, proportionate to the size and complexity of your institutions/group’s structure and business, to preserve the firm as a going concern, promote resilience of key functions and facilitate rapid resolution if that becomes necessary. You may access the full document on the BIS website: (http://www.bis.org).
In due course, Saudi Central Bank would provide guidance to banks for the implementation of this recommendation as well as on other bank specific matters in other recommendations of this Report.
For foreign banks’ branches in Saudi Arabia, Saudi Central Bank will at a point in time arrange to receive from their Parent Banks, the relevant contingency plans for their operations in Saudi Arabia. Also, SAMA will cover this subject in the home/host meetings with relevant supervisory authorities for matters such as supervisory cooperation and exchange of supervisory information relating to the bank resolution regimes.
Minimum Capital Requirement for Market Risk - New Standard
This Circular has been superseded by SAMA circular No , (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022G. Refer to Minimum Capital Requirements for Market Risk Framework.FSB Implementation Standards
Please refer to SAMA Circular No. B.C.S 842 dated 26 August 2009 through which banks were encouraged to take into account the guidance provided in the FSB Principles for Sound Compensation Practices in establishing their compensation policies and practices.
In order to achieve effective global implementation of its Principles, FSB has issued Implementation Standards on 25 September 2009. These Standards may be obtained from the FSB’s website.
Banks are advised to also take into account the requirements of the FSB’s Implementation Standards in establishing their compensation policies and practices. Furthermore, the Agency will issue a circular in due course providing additional guidance to banks in this regard.
In that regard SAMA issued (Banks Remuneration Rules) Via circular No. (44049096), dated 12/06/1444H, Corresponding to 4/1/2023G.
Revision to Standardised Approach for Credit Risk - Second Consultative Document
Basel Committee Papers on Basel II Framework
The Basel Committee on Banking Supervision has issued a number of Papers related to the Basel II Framework in July 2009 in their final form. SAMA had earlier issued the first two papers to Saudi Banks in January 2009 at the Consultative Draft stage and sought the Banks' comments. These papers are aimed at enhancing the Basel II framework in light of the experience gained by the Banks and Regulatory authorities during the recent global financial crisis. These include the following;
▪ July 2009 - Basel II Market Risk Framework ▪ July 2009 - Guidelines for Computing Capital for Incremental Risk in Trading Books ▪ October 2009 - Analysis of Trading Book Quantitative Impact Study
We recommend that all Banks currently engaged in implementing Basel II in Saudi Arabia should ensure that their staff involved in the implementation of Basel II project are fully aware of these papers and should take appropriate actions to benefit from these standards and guidance. Bank staff in other areas such as Risk Management, Financial Controls, Compliance Function and Internal Audits should also be familiar with these. In light of these papers, SAMA over the next few months, will also update its guidance documents to Saudi Banks on the Basel II framework. These documents should be accessed from the Bank for International Settlements website address: (www.bis.org).
Report on Special Purpose Entities - BCBS
The Basel Committee on Banking Supervision has published a Report on Special Purpose Entities in September 2009. This came out of a study by The Joint Forum, which includes the Basel Committee on Banking Supervision, International Organization of Securities Commissions, and the International Association of Insurance Supervisors.
The Report provides background on a variety of special purpose entities (SPE's) found across the financial sectors, the motivation of market participants to use these structures and risk management issues that arise. The recommendations of the Report are addressed to both the market participants and to supervisory community. Your Bank should access this paper on the website of the Bank for International Settlements (bis.org), IOSCO (iosco.org) and the I AIS (iaisweb.org).
The purpose of SAMA in forwarding this Report to your Bank is to ensure that the relevant managers in your institution and your subsidiaries are fully apprised of these recommendations and are able to adopt these in appropriate policies and procedures in your institution. The Agency will also be taking into consideration the recommendation of this Report in its on-going work on the regulation of subsidiaries and Special Purpose Vehicles.
Frequently Asked Questions (FAQs) on the Basel III Leverage Ratio Framework
Interest Rate Risk on Bank Books (IRRBB)
Basel Committee on Banking Supervision (BCBS) Consultative Document Entitled " Fundamental Review of The Trading Book: Outstanding Issues”
SAMA’s Revised Amended LCR Ratio Regulations-Operational Deposits
Referring to SAMA's circular No. 361000009335 dated 10/11/2014, we would like to provide further guidance on the implementation of para 93 concerning Operational Deposits. Para 93 requirements include that banks wishing to use a preferential 25% cash flows rate with regard to operational deposits must obtain SAMA's approval. SAMA's approval will be based on the banks compliance with the BCBS requirements outlined in para 94 to104 of the aforementioned SAMA's Revised Guidance document concerning Operational Deposits.
Therefore, as of 01/01/2015 G, banks are required to obtain SAMA's approval with regard to the aforementioned aspect of Operational Deposits.
Accordingly, these instructions must be implemented as of 31/01/2015 G, and the data must be submitted by 28/02/ 2015 G.
Importance of Implementing the Ministry of Social Affairs Decision to Form a Board of Directors for Charity Organizations
Basel Committee On Banking Supervision Document Regarding Capital Requirements For Banks' Equity Investment In Funds
Hafiz Program for Supporting Unemployed
Real Estate Transfer Service at the Ministry of Justice
Confirming Documents to Validate IDs and Amending Some of the Requirements in Rules and Section Related to the 4th Amendment to the Rules for Opening Bank Account
Banking Tariff
These instructions have been replaced by The Banking Tariff, accordance to SAMA circular No. (381000095093), dated 10/12/1438H, corresponding to 04/06/2017G.Implement Principals for Financial Market Infrastructures (PFMIs)
Referring to the principles for financial markets and payment systems issued in April 2012 by the Bank for International Settlements (Principles for Financial Market Infrastructures). It is required that all departments of SAMA and the banks operating in the Kingdom apply the principles relevant to their activities, for more information on this topic, please contact the following e-mail address.
Obtaining a License to Conduct Mortgage Financing and Leasing Activities
Based on the Real Estate Finance Law issued by Royal Decree No. 50/M dated 13/8/1434 H, and its Implementing Regulation issued by Minister of Finance Decision No. 1229 dated 10/4/1434 H, and The Finance Lease Law issued by Royal Decree No. M/48 dated 13/8/1434 H, and its Implementing Regulation issued by the SAMA Governor’s Decision No. 1/M dated 14/4/1434 H, and The Finance Companies Control Law issued by Royal Decree No. M/51dated 13/8/1433 H, and Implementing Regulation issued by SAMA Governor’s Decision No. 2/M dated 14/4/1434 H, and since Article 99 of the Implementing Regulation of the Finance Companies Control Law states that "Companies and establishments engaging in finance activities in the Kingdom of Saudi Arabia prior to the Law’s entry into force must provide SAMA, within the first nine months of the period prescribed in Article (36) of the Law, with their plan to correct their situation according to the Law or a plan to exit the market."
Therefore, all banks operating in the Kingdom that wish to continue engaging in real estate financing and/or leasing activities must apply to SAMA for a license to stop practicing these activities entirely starting from 14/10/1434 H. Copies of the finance Laws, their Implementing regulations, and licensing application forms and guidelines can be obtained through the following links:
- Finance Laws and Their Implementing Regulations
- Licensing Provisions and Requirements
According to Circular No. 22129/67 dated 9/4/1440 H, and Circular No. 58934/67 dated 24/9/1440 H, and in reference to Circular No. 39100070455 dated 19/6/1439 H concerning the procedural requirements for mortgage registration, SAMA advises as follows:
First: Licensed banks may continue to engage in real estate financing without the need to renew their existing real estate financing license or obtain a separate license. However, they must obtain no-objection letters from SAMA for launching related financing products in accordance with the provisions of the relevant Laws, regulations, and instructions.
Second: Licensed banks may continue to engage in leasing financing until new instructions are issued by SAMA in this regard, provided they obtain no-objection letters from SAMA for launching related financing products in accordance with the provisions of the relevant Laws, regulations, and instructions.
Enhancements and Update to SAMA's Accounting Standards for Commercial Banks
No: 9068/B.C.I/392 Date(g): 26/9/1999 | Date(h): 16/6/1420 Status: No longer applicable As you are aware, the Saudi Central Bank issued its Accounting Standard for Commercial Banks in 1995 and is now in the process of updating and enhancing these Accounting Standards. This is being done to accommodate the advent of new banking products and services in the Kingdom as well as to respond the current developments in Accounting and Disclosure Standards emanating from various Accounting Standard setting bodies such as the Saudi Organization of Certified Public Accountants (SOCPA), International Accounting Standards Committee (IASC), the Financial Accounting Standard Board (FASB) the American Institute of Certified Public Accountants (AICPA), etc.
The scope of the proposed enhancement and updates, as described in the attachment, fundamentally includes the areas already covered by SAMA's current Accounting Standards as well as three additional areas as given below:
1. Off Balance sheet Financial Instruments including Derivatives 2. Related Party Transactions. 3. Case Flow Statements
Attachment : 1 Accounting Standards Already Covered in SAMA's Accounting Standard for Commercial Bank Where Enhancements or Updates May be Required
1. Standard of Investment and Trading in Securities.
2. Standard of Loans.
3. Standard of Deposits.
4. Standard of Accounting Changes and Correction of Errors.
5. Standard of Foreign Currency Translation.
6. Standard of Fixed Assets and Other Real Estate.
7. Standard of Consolidated Financial Statements and Investments in Subsidiaries.
8. Standard of Presentation and General Disclosure.
Additional Areas in Accounting Standards to be covered vis-à-vis Enhancements and Updates
9. Off Balance Sheet Financial Instruments and Derivatives
10. Related Party Transaction.
11. Cash Flow Statement.
In order to ensure that the proposed update to SAMA's Accounting Standard for Commercial Banks and enhancements is carried out comprehensively and professionally, the Agency would like to receive detailed comments from the banks with respect to the following items vis-à-vis the individual topics covered in the attachment.
1. The scope of the proposed update and enhancement, i.e. are there any other major areas which are not covered in the Attachment 2. Current and relevant accounting and disclosure developments with reject to the topics described in the attachment from various standard setting bodies such as SOCPA, IASC, AICPA, FASB, etc. 3. An analysis of the alternative Accounting, Valuation and Disclosure treatment available in the light of the current Accounting and Disclosure developments from SOCPA, IASC, AICPA, FASB, etc. 4. Recommended Accounting and Disclosure treatment for each of the major topics covered in Attachment for licensed Saudi banks.
Conclusion
It would be appreciated on the basis of the guidance provided in items 1 to 4 above, if detailed and comprehensive comments, observations, critiques, and recommendation vis-à-vis the major areas described in the attachment only on individual basis are composed by the banks. Given the complexity and scope of work required, the banks have approx. three months to frame their responses Consequently, all submissions are due in SAMA's by 31.12.99, and for further clarification please contact Mr. Abdula Ibrahim Suwayan Tel. 466-2281.
Stop Dealing with the Increasing Instalment Financing Option "Step Up"
SAMA has recently noticed that several banks have offered the option of increasing instalment financing without obtaining SAMA's approval to introduce the aforementioned option. Accordingly, all banks must adhere to SAMA's instructions and stop dealing with the increasing instalment financing option within two weeks from the date of this notice.
For your information and action accordingly and inform all your branches.
Principles for Effective Risk Data Aggregation and Risk Reporting- BCBS
We refer to Saudi Central bank's Circular # BCS 22099 dated 4 July 2012 with regard to the BCBS consultative document sent to all banks for comments entitled "Principles for Effective Risk Data Aggregation and Risk Reporting". Subsequently, the BCBS finalized this document in January 2013 which can be obtained by your bank from BIS website.
One of the significant lessons learnt from the global financial crisis was that banks', including Global Systemically Important Banks (GSIB's), Information Technology (IT) and data architectures were inadequate to support the broad management of financial risks. Many banks lacked the ability to aggregate risk exposures and concentrations effectively at the bank group level, across business lines and between legal entities. Consequently, banks were unable to manage their risks because of their weak risk data aggregation capabilities and risk reporting practices.
Many in the banking industry recognize the benefits of improving their risk data aggregation capabilities and are working towards this goal. They see the improvements in terms of strengthening the capability and the status of the risk function to make judgments. This leads to gains in efficiency, reduced probability of losses and enhanced strategic decision-making, and ultimately increased profitability.
Further, improving banks’ ability to aggregate risk data will also improve their resolvability, and for G-SIBs in particular, it is essential that resolution authorities have access to aggregate risk data that complies with the FSB’s Key Attributes of Effective Resolution Regimes for Financial Institutions as well as the principles set out in this document. For recovery, a robust data framework will help banks and supervisors anticipate problems ahead. It will also improve the prospects of finding alternative options to restore financial strength and viability when the firm comes under severe stress.
Saudi Central bank expects all banks to benefit from these Principles with regard to risk data aggregation and risk reporting and accordingly implement all of these by 2016 and in this respect, banks must develop an implementation strategy. Further, Saudi Central bank from time to time through its regular On-Site Examinations, Supervisory Review Visits, and through bilateral and multilateral meetings will discuss and track the implementation of these Principles.
Guidance Document Concerning Implementation Of Capital Reforms Under Basel III Framework Based on Relevant BCBS Documents
Finalized Guidance Document for the Implementation of Basel II.5 Standardized and IRB Approaches (Document)
Requirements outlined in this circular have been updated. refer to Basel Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.Saudi Central Bank issued a draft Guidance Document concerning the implementation of Basel II.5 Standardized and IRB Approaches on 29 September 2012 to all banks to solicit comments by 10 October 2012. These comments have now been received and we have now attached finalized the Guidance Document for the implementation of Basel II.5 in Saudi Arabia.
The Basel II.5 framework was issued through the following documents.
• "Enhancement to the Basel II Framework" - July 2009 • "Revisions to the Basel II Market Risk Framework" - December 2010
The aforementioned documents were issued in response to the financial crisis that began in 2007 and negatively affected many international banks and banking systems with significant losses on their investments in complex securitization products. Consequently, the BCBS issued the aforementioned documents to strengthen Credit and Market risks in international banks.
Saudi Central Bank's Finalized Guidance Document comprises of all Pillar 1, Pillar 2, and Pillar 3 requirements and contains Guidance Notes and Prudential Returns which have been compiled on the basis of the two aforementioned BCBS documents which represent enhancements and amendments to the BCBS Basel II Framework with regard to securitization and re-securitization activities. Consequently, the implementation of Saudi Central Bank's Basel II.5 will be carried out through the adjustments and enhancements to the Basel II Framework.
A. Pillar 1
With regard to implementing Pillar-1 risk, we refer to the following Saudi Central Bank Circulars concerning the implementation of Basel II.5 Standardized and IRB Approaches.
• Saudi Central Bank - Basel II Prudential Returns Circular # BCS 180 of 22 March 2007. • Saudi Central Bank Basel II Guidance Document to banks in Saudi Arabia of 6 June 2006. • Saudi Central Bank Amended IRB Prudential Return and Guidance Notes of 18 January 2012 Circular# BCS 5318.
While Saudi Central Bank's implementation framework incorporates i) Credit Risk and ii) Market Risk for both the Standardized and IRB Approaches, the latter would only be applicable where Saudi Central Bank granted an approval to use IRB approaches.
With regard to implementing models in the context of Basel II.5 Market risk, Saudi Central Bank has decided to wait until substantial Trading Book issues under review in the BCBS are resolved. These were documented in the BCBS document of May 2012 entitled "Fundamental Review of the Trading Book".
With regard to Operational Risk, there were no refinements under Basel II.5.
It should be noted that these Prudential Returns are not applicable to branches of foreign banks as the Agency will discuss the Basel II.5 implementation with their Head Offices and Home Supervisory Authorities, and ensure that they include the branches in Saudi Arabia in their Capital Adequacy plans.
B. Pillar 2
• Basel II.5 Pillar 2 ICAAP Requirements
- Please refer to page 40.
C. Pillar 3
• Basel II.5 Pillar 3 Disclosure Requirements
- Please refer to page 42.
Saudi Central Bank Basel II.5 Framework will be effective 1 January 2013 and Banks will submit their first quarterly prudential returns for data as of 31 March 2013 to be sent to SAMA by 30 April 2013. SAMAs Consultative Draft Concerning the Implementation of Basel II.5 (Standardized and IRB Approaches)
BCBS Consultative Document Entitled "Monitoring Indicators for Intraday Liquidity Management"
Basel Committee -Final Rules on Bank Disclosures of the Composition of the Capital
BCBS Releases Consultation Document on Measures to Address Domestic Systemically Important Banks (D-SIB)
Basel Committee for Banking Supervision (BCBS) Consultative Document Entitled "Principles for Effective Risk Data Aggregation and Risk Reporting"
Joint Forum Report on Intra-Group Support Measures- BCBS
BCBS has issued a report prepared by the Joint Forum for the benefit of national supervisors in gaining a better understanding of the use of intragroup support measures in times of stress or unexpected loss by financial groups across the banking, insurance and securities sectors.
The report provides an important overview of the use of intra-group support at a time when authorities are increasingly focused on ways to ensure banks and other financial entities can be wound down in an orderly manner during periods of distress. Furthermore the report provides an overview and analysis of the types and frequency of intra-group support measures derived from the results of a survey of 31 financial institutions headquartered in 10 jurisdictions on three continents.
In our view this report provides insights into and an overview of the various intra-group support measures used by financial groups and their potential impact on the groups operations in times of stress. The above document can be accessed from the BIS website (bis.org). Banks are advised to review this document and benefit from the guidance provided therein.
Interpretive Issues with Respect to the Revisions to the Market Risk Framework
The Basel Committee on Banking Supervision (BCBS) has issued a paper entitled "Interpretive Issues with Respect to the Revisions to the Market Risk Framework" in November 2011. This document has provided responses to important interpretive issues concerning past BCBS papers circulated by the Agency to all Banks. These papers include the Revisions to the Basel II Market Risk Framework ('the Revisions) and the Guidelines for Computing Capital for Incremental Risk in the Trading Book ("the IRC Guidelines").
The important interpretive issues raised and clarifications provided in the above document pertains to the following areas:
1. Stressed Value at Risk 2. Incremental Risk Capital 3. Risk Models 4. Standardized Measurement methods 5. Others
The above document can be accessed from the BIS website (bis.org). Banks are advised to review this document and benefit from the interpretations provided therein in implementation of the Basel II Market Risk Framework.
Treatment of Trade Finance Under Basel Capital Framework- BCBS
The Basel Committee on Banking Supervision (BCBS) has issued a paper in October 2011 entitled "Treatment of Trade Finance Under Basel Capital Framework".
This paper has been issued by BCBS in consultation with the World Bank, the World Trade Organization and International Chamber of Commerce and covers changes in Basel Capital framework with regard to Trade Finance transactions.
SAMA recommends that all Banks currently engaged in implementing Basel Capital framework in Saudi Arabia should ensure that their relevant staff is fully aware of this document. Further, Bank staff in other areas such as Risk Management, Financial Controls, Compliance Function and Internal Audits should also be familiar with this document. In light of this paper, SAMA over the next few months will also update its relevant guidance document on its Basel framework following which banks will be expected to implement the change. This document can be accessed from the Bank for International Settlement website address: (bis.org)
SAMAs Prudential Returns Concerning the Monitoring of Basel III Liquidity Risk Through the Minimum Regulatory Liquidity Standard Ratios
Refer to section 28 "Liquidity" under Pillar 3 Disclosure Requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G to read the updated requirements.Consultative Paper on Revised Core Principles for Effective Banking Supervision - Dated 20 December 2011
Global Systemically Important Banks: Assessment Methodology and the Additional Loss Absorbency Requirement
The Joint Forum Report on Asset Securitization
Revision to Basel 2 Market Risk Framework - Updated as of 31 December 2010
Monitoring of Liquidity Risk Through Basel III Framework Concerning Minimum Regulatory Liquidity Standard Ratios
Basel 3: Global Framework for More Resilient Banks and Banking Systems- BCBS
As you are aware, in December 2010G, the Basel Committee on Banking Supervision issued its initial rules entitled "Basel III: Global Framework for More Resilient Banks and Banking System". This text presented the details of global regulatory standards on Banks' Capital Adequacy and Liquidity.
The Committee has now published its Revised Document of June 2011G, which can be accessed from BIS website www.bis.org. The major changes in the Revised Document are covered in the attached BCBS Press Release and generally relate to further refinements to Credit Value Adjustments (CVA).
This document is of interest to all banks in Saudi Arabia that have currently implemented the Basel II Framework and are now preparing to move on to Basel III. Banks are expected to review these documents and start developing their plans for implementation of Basel III. Banks should study these carefully and become familiar with the rules text. Over the next few months, Saudi Central Bank will be issuing specific guidance documents to banks on these subjects including Saudi Central Bank's position in areas where national discretion is to be applied. Saudi Central Bank will also issue revised or new prudential returns related to these topics.
Opening Accounts for Customers Needing to Benefit from Unemployment Program Named 'Hafiz'
FSB Releases Consultation Documents on Measures to Address Systemically Important Financial Institutions
Domestic Systemically Important Bank (D-SIBs) 2022
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .List of Domestic Systemically Important Banks (D-SIBs) 2021
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .Basel Committee Papers: (1) Sound Practices for Back Testing Counterparty Credit Risk Models; and (2) Capitalization of Bank Exposures to Central Counterparties
List of Domestic Systemically Important Banks (D-SIBs) 2020
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .List of Domestic Systemically Important Banks (D-SIBs) 2019
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .List of Domestic Systemically Important Banks (D-SIBs) 2018
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .BCBS Consultative Document: Countercyclical Capital Buffer Proposal
List of Domestic Systemically Important Banks (D-SIBs) 2017
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .APR - Annual Percentage Rate
SAMA has noticed that banks do not clarify the actual commission imposed by banks on various financing products for their customers, and rely only on the nominal commission rate (Flat Rate) without mentioning the actual commission rate (APR), which led to confusion among borrowers. This issue was also observed in banks' marketing campaigns and various advertisements for financing products aimed at attracting new borrowers to benefit from personal loan products, real estate financing products, and others.
I inform you that the method of advertisement mentioned above is in violation of the instructions communicated to the banks pursuant to SAMA Circular regarding the regulations for consumer credit No. 33232/M A Sh/516 dated 23 /9/1426 H corresponding to 26/10/2005 G, especially (paragraph 2-1) concerning the announcement of consumer loans, which states the following:"
1-2 Announcement of Consumer Loans*
The advertisement must generally be displayed prominently at bank premises or any other location, while adhering to the principles of good faith, and it should be presented in a simple, clear, and comprehensive manner. It must include information about the Annual Percentage Rate (APR).
Therefore, it is necessary to adhere to the aforementioned regulations, specifically mentioning the actual APR and explaining it to customers within bank branches or when advertising any financial products, or conducting marketing campaigns for all financing products, including real estate products. The bank is required to provide SAMA with evidence of its compliance and the measures it will take in this regard.
*Since the regulations for consumer financing issued under Circular No. (351000116619), dated 10/09/1435 H, corresponding to 07/07/2014 G It has replaced the regulations for consumer credit issued under Circular No. 33232/M.A.S/516 dated 23/9/1426 H corresponding to 26 /10/2005 G , You must comply with Article 17 of the regulations issued pursuant to Circular No. (351000116619).
Governance of Compensation Practices
In that regard SAMA issued (Banks Remuneration Rules) Via circular No. (44049096), dated 12/06/1444H, Corresponding to 4/1/2023G.
Risk Management for Electronic Banking and Electronic Money Activities- BCBS
No: BCL/78/1439 Date(g): 24/5/1998 | Date(h): 28/1/1419 Status: Guidance A subsequent document issued by the BCBS entitled "The Risk Management Principles for Electronic Banking" substitutes this paper.We are enclosing herewith a recent Report issued by the Basel Committee on Banking Supervision on the above subject. This paper defines "Electronic Banking" and "Electronic Money" and identifies the various Risk that Banks are exposed to when providing such services. The paper also lists various risk management practices that are followed by the Banks and provides examples of possible risks arising from such activities and risk management measures that can be followed.
The Saudi Central Bank's Objectives in circulating this Report is to ensure that Saudi Banks can benefit from this document which summarizes the best practices of international Banks that are engaged in Electronic Banking activities. We would like all Saudi Banks to review and compare their Risk Management Practices in relation to points outlined in Chapter 3 of the Report. All banks are required to carry out a self-assessment done by their internal auditors in relation to the points raised in Chapter 3. Amendment to the Prudential Report Template for Commissions for Deposits, Loans, Bonds and Other Instruments
Pillar 3 requirements have been updated by SAMA's pillar 3 disclosure requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.1. Introduction
Electronic payment media are likely to figure importantly in the development of electronic commerce, and retail electronic hanking services and products, including electronic money, could provide significant new opportunities for banks. Electronic banking may allow banks to expand their markets for traditional deposit-taking and credit extension activities, and to offer new products and services or strengthen their competitive position in offering existing payment services. In addition, electronic banking could reduce operating costs for hanks.
More broadly, the continued development of electronic banking and electronic money may contribute to improving the efficiency of the banking and payment system and to reducing the cost of retail transactions nationally and internationally. This could potentially result in gains in productivity and economic welfare. Consumers and merchants may be able to increase the efficiency, with which they make and receive payments, and enjoy greater convenience. Electronic banking may also increase access to the financial system for consumers who have previously found access limited.
The scope of this report is nescessarily restricted in two respects. First, it deals with the risk management of electronic banking and electronic money activities from a banking supervisory perspective only and docs not, for example, address the monetary consequences. Second, while many of the risks described in the report apply both to bank and non-bank issuers and providers, this report addresses banks only.
1.1. Purpose and Organisation
The development and use of electronic money and some forms of electronic banking are still in their early stages. Given the degree of uncertainty about future technological and market developments in electronic banking and electronic money, it is important that supervisory authorities avoid policies that hamper sueful innovation and experimentation. At (he same time, the Basle Committee recognises that along with the benefits, electronic banking and electronic money activates carry risks for banking organisations, and these risks must be balanced against the benefits.
The purpose of this document is to provide considerations for supervisory authorities and banking organisations as they develop methods for identifying, assessing, managing and controlling the risks associated with electronic banking and electronic money. The Basle Committee regards the document as an initial step in an ongoing review and discussion of supervisory issues and responses related to technological advances in electronic retail products and services.
the Basle Committee is distributing this document to supervisors worldwide with the expectation that it will facilitate development of appropriate supervisory approaches to the management of risks in electronic banking and electronic money activities. Supervisors may wish to circulate the document to the institutions under their jurisdiction.
The discussion is general in nature because the technology for electronic banking and electronic money is changing rapidly, and products and services in the future may be very different from those available today. At this relatively early stage in the development of some electronic banking and electronic money activities, many aspects of risks are neither fully discernible nor readily measurable. A premature regulatory approach would run the risk of stifling innovation and creativity in these areas. Therefore, supervisors should encourage banks to develop a risk management process rigorous and comprehensive enough to deal with known material risks, and flexible enough to accommodate changes in the type and intencity of material risks associated with their electronic banking and electronic money activities. The risk management process can be effective only if it is constantly evolving.
The remainder of this document is organised as follows. The next section of the Introduction presents definitions of electronic banking and electronic money, and refers to key roles banks can play as participants in electronic money activities. Section II identifies risks that banks may face in electronic banking and electronic money. The identification and analysis of risks does not aim to he exhaustive, rather, the discussion is intended to be illustrative of the types of problems banks may face. Among these, analysis suggests that operational, reputational, and legal risk may be more likely to arise.1
As the development of electronic banking and electronic money progresses, interaction between banks and their customers across national boundaries is likely to increase. Such relationships may raise different issues and risks for banks and for supervisors. In light of this, Section II includes a discussion of cross border risks.
Based on the identification and analysis of risks, Section III outlines the major steps in a risk management process for banks engaging in electronic banking and electronic money activities. The process has three main steps: assessing risks, implementing measures to control risk exposures, and monitoring risks.
1 Banks are also likely to face risks that can affect the value of their shareholders’ interest. For example, faced with a choice between competing new technologies, bank management risks choosing one which does not become widespread and hence may not be successful, or it may choose one which does not fit well with other products and services. As with any business decision management takes, risks to financial success posed by electronic bunking and electronic money are of central concern to it and to owners. However, because supervisory authorities arc charged with protecting the safety and soundness of the banking system, but not with ensuring bank profitability, such "shareholder value" issues arc not of direct concern to supervisors, unless the viability of an institution is threatened. Therefore, in general, the document does not discuss this perspective on electronic money and electronic banking risks.
1.2. Definitions of Electronic Banking and Electronic Money
1.2.1 Electronic banking refers to the provision of retail and small value banking products and services through electronic channels.2 Such products and services can include deposit-taking, lending, account management, the provision of financial advice, electronic bill payment, and the provision of other electronic payment products and services such as electronic money (defined separately, below).
Two fundamental aspects of electronic banking are the nature of the delivery channels through which activities are prrsued, and the means for customers to gain access to those channels. Common delivery channels include "closed” and "open” networks. "Closed networks" restrict access to participants (financial institutions, consumers, merchants, and third party service providers) bound by agreements on the terms of membership. "Open networks" have no such membership requirements. Currently, widely used access devices through which electronic banking products and services can be provided to customers include point of sale terminals, automatic teller machines, telephones, personal computers, smart cards and other devices.
1.2.2 Electronic money refers to "stored value" or prepaid payment mechanisms for executing payments via point of sale terminals, direct transfers between two devices, or over open computer networks such as the Internet.3 Stored value products include "hardware” or "card-based" mechanisms (also called "electronic purses"), and "software" or "networkbased" mechanisms (also called "digital cash"). Stored value cards can be "single-purpose" or "multi-purpose".4 Single- purpose cards (e.g., telephone cards) are used to purchase one type of good or service, or products from one vendor, multi-purpose cards can be used for a variety of pruchases from several vendors.5
Banks may participate in electronic money schemes as issuers, but they may also perform other functions. Those include distributing electronic money issued by other entities; redeeming the proceeds of electronic money transactions for merchants; handling the processing, clearing, and settlement of electronic money transactions; and maintaining records of transactions.
2 This document focuses on retail electronic banking and electronic payment services. Large-value electronic payments and other wholesale banking services delivered electronically arc outside the scope of the present discussion.
3 Several official bodies have each issued their own definition of electronic money. As pointed out in a recent Group of Ten report on electronic money, a precise definition of electronic money is difficult to provide, in part because technological innovations continue to blur distinctions between forms of prepaid electronic mechanisms. (See electronic Money: Consumer protection, law enforcenent, supervisory and cross-border issues, Group of Ten, April 1997. for a list of such studies.) The current document draws from both the Group of Ten report and Security of Electronic Money, Hank for International Settlements, August 1996, in establishing a definition of electronic money. The hitler report explains distinctions in the technical representation of money on stored-value products. In particular, "balanced-based" products are devices which manipulate a numeric ledger, such that transactions arc performed as debits or credits to a balance; and "note-based" products which perform transactions by transferring the appropriate amount of electronic notes" (also called "coins" or "tokens"), which are of a fixed denomination, from one device to another. Debit cards and credit cards are retail electronic payment mechanisms, but are not considered to be electronic money because they arc not prepaid mechanisms.
4 Stored value cards may be characterised by the use of a magnetic stripe or a computer chip embedded in the card. A plastic card with an embedded computer chip (known as a "smart card") may perform stored value applications, in addition to other functions such as debit and credit applications.
5 Increasingly, the terms multi-purpose or multi-function arc also used to convey the idea that the card or device can function as several types of payment istrument (e.g. credit card, debit card, stored value card), and/or that the card can be used for purposes besides financial transactions (e.g. identification card, repository of personal medical information). The lack of standardisation of terminology is perhaps a reflection of rapid technological innovations.2. Identification and Analysis of Risks
Because of rapid changes in information technology, no list of risks can be exhaustive. The intention in this document is to describe a broad, representative set of risks as a basis for designing general guidance for risk management. Specific risks facing banks engaged in electronic banking and electronic money activities can be grouped according to risk categories discussed in other Basle Committee risk management documents and, in this sense, the risks are not new.6 Categorising risks in this manner can be helpful in systematically identifying risks in a banking organisation. The Annex presents examples of specific risks and problems banks may face in electronic banking and elecronic money activities grouped into risk categories.
While the basic types of risks generated by electronic banking and electronic money are not new, the specific ways in which some of the risks arise, as well as the magnitude of their impact on banks, may be new for banks and supervisors. Some of the risks and problems banks may face apply both to electronic money and electronic banking activtites. However, there are likely to be differences in the degree to which a particular risk is applicable across different electronic money and electronic banking activities.
At this stage, it would appear that operational risk, reputational risk, and legal risk may be the most important risk categories for most electronic banking and electronic money activities, especially for diversified international banks, and the next three subsections discuss specific manifestations of these types of risks. Some of the specific problems cut across risk categories. For example, a breach of security allowing unauthorised access to customer information can be classified as an operational risk, but such an event also exposes the bank to legal risk and reputational risk. Even though these different types of risks may result from a single problem, appropriate risk management may require several remedies to address each of these different risks. Other risks may also be important for some forms of electronic banking and electronic money activities, and these are discussed thereafter. Possible cross border risks are also discussed.
6 See, e.g., Risk Management Guidelines far Derivatives. Basle Committee on Banking Supervision, July 1994, and Core Principles for Effective Banking Supervision, Basle Committee on Banking Supervision. September 1997. The hitter document includes a basic discussion of eight risk categories: credit risk, country and transfer risk, market risk, interest rate risk, liquidity risk, operational risk, legal risk and reputational risk. Payment Systems in the Group of Ten Countries, Bank for International Settlements. December 1993, includes definitions of risks in blinking and payment systems.
2.1. Operational Risk
Operational risk arises from the potential for loss due to significant deficiencies in system reliability or integrity. Security considerations are paramount, as banks may be subject to external or internal attacks on their systems or products. Operational risk can also arise from customer misuse, and from inadequately designed or implemented electronic banking and electronic money systems. Many of the specific possible manifestations of these risks apply to both electronic banking and electronic money.
2.1.1 Security Risks
Operational risk arises with respect to the controls over access to bank's critical accounting and risk management systems, information that it communicates with other parties and, in the case of electronic money, measures the bank uses to deter and detect counterfeiting. Controlling access to bank systems has become increasingly complex due to expanded computer capabilities, geographical dispersal of access points, and the use of various communications paths, including public networks such as the Internet. It is important to note that with electronic money, a breach of security could result in fraudulently created liabilities of the bank. For other forms of electronic banking, unauthorised access could lead to direct losses, added liabilities to customers or other problems.
A variety of specific access and authentication problems could occur. For example, inadequate controls could result in a successfrl attack by hackers operating via the Internet, who could access, retrieve, and use confidential customer information. In the absence of adequate controls, an outside third party could access a bank’s computer system and inject a virus into it.
In addition to external attacks on electronic money and electronic banking systems, banks are exposed to operational risk with respect to employee fraud: employess could surreptitiously acquire authentication data in order to access customer accounts, or steal stored value cards. Inadvertent errors by employees may also compromise a bank's systems.
Of direct concern to supervisory authorities is the risk of criminals counterfeiting electronic money, which is heightened if banks fail to incorporate adequate measures to detect and deter counterfeiting. A bank faces operational risk from counterfeiting, as it may be liable for the amount of the falsified electronic money balance. In addition, there may be costs associated with repairing a compromised system.
2.1.2 Systems Design, Implementaion, And Maintenance
A bank faces the risk that the systems it chooses are not well designed or implemented. For example, a bank is exposed to the risk of an interruption or slow-down of its existing systems if the electronic banking or eletronic money system it chooses is not compatible with user requirements.
Many banks are likely to rely on outside service providers and external experts to implement, operate, and support portions of their electronic money and electronic banking activities. Such reliance may be desirable because it allows a bank to outsource aspects of the provision of electronic banking and electronic money activities that it cannot provide economically itself. However, reliance on outsourcing exposes a bank to operational risks. Service providers may not have the requisite expertise to deliver services expected by the bank, or may fail to update their technology in a timely manner. A service provider's operations could be interrupted due to system breakdowns or financial difficulties, jeopardising a bank’s ability to deliver products or services.
The rapid pace of change that characterises information technology presents banks with the risk of systems obsolescence. For example, computer software that facilitates the use of electronic banking and electronic money products by customes will require updating, but channels for distributing software updates pose risks for banks in that criminal or malicious individuals could intercept and modity the software. In addition, rapid technological change can mean that staff may fail to understand fully the nature of new technology employed by the bank. This could result in operational problems with new or updated systems.
2.1.3 Customer Misuse of Products And Services
As with traditional banking services, customer misuse, both intentional and inadvertent, is another source of operational risk. Risk may be heightened where a bank does not adequately educate its customers about security precautions. In addition, in the absence of adequate measures to verify transactions, customers may be able to repudiate transactions they previously authorised, inflictitng financial losses on the bank. Customers using personal information (e.g., authentication information, credit card numbers or bank account numbers) in a non-secure electronic transmission could allow criminals to gain access to customer accounts. Subsequently, the bank may incur financial losses because of transactions customers did not authorise. Money laundering may be another source of concern, as pointed out in the Group of Ten, April 1997, report: Electronic Money: Consumer Protection, Law Enforcement, Supervisory and Cross- Border Issues.
2.2. Reputational Risk
Reputational risk is the risk of significant negative public opinion that results in a critical loss of funding or customers. Reputational risk may involve actions that create a lasting negative public image of overall bank operations, such that the bank's ability to establish and maintain customer relationships is significantly impaired. Reputational risk may also arise if actions by the bank cause a major loss of public confidence in the bank’s ability to perform functions critical to its continued operation. Reputational risk can arise in response to actions a bank itself takes, or in response to actions of third parties. Increased reputational risk can be a direct corollary of heightened risk exposure, or problems, in other risk categories, particularly operational risk.
Reputational risk may arise when systems or products do not work as expected and cause widespread negative public reaction. A significant breach of security, whether as a result of external or internal attacks on a bank’s system, can undermine public confidence in a bank. Reputational risk may also arise in cases where customers experience problems with a service but have not been given adequate information about product use and problem resolution procedures.
Mistakes, malfeasance, and fraud by third parties may also expose a bank to reputational risk. Reputational risk can arise from significant problems with communications networks that impair customers' access to their funds or account information, particularly if there are no alternative means of account access. Substantial losses caused by mistakes of another institution offering the same, or similar, electronic banking or electronic money products or service may cause a bank’s customers to view its products or service with suspicion, even if the bank itself did not face the same problems. Reputational risk may also arise rom targeted attacks on a bank. For example, a haker penetrating a bank's web site may alter it to intentionally spread inaccurate information about the bank or its products.
Reputational risk may not only be significant for a single bank but also for the banking system as a whole. If, for isntance, a globally active bank experienced important reputational damage concerning its electronic banking or electronic money business, the security of other banks’ systems may also be called into question. Under extreme circumstances, such a situation might lead to systemic disruptions in the banking system as a whole.
2.3. Legal Risk
Legal risk arises from violations of, or non-conformance with laws, rules, regulations, or prescribed practices, or when the legal rights and obligations of parties to a transaction are not well established. Given the relatively new nature of many retail electronic banking and electronic money activities, rights and obligations of parties to such transactions are, in some cases, uncertain. For example, application of some consumer protection rules to electronic banking and electronic money activities in some countries may not be clear. In addition, legal risk may arise from uncertainty about the validity of some agreements formed via electronic media.
Electronic money schemes may be attractive to money launderers if the systems offer liberal balance and transaction limits, and provide for limited auditability of transactions. Application of money laundering rules may be inappropriate for some forms of electronic payments. Because electronic banking can be conducted remotely, bank may face increased difficulties in applying traditional methods to prevent and detect criminal activity.
Banks engaging in electronic banking and electronic money activities can face legal risks with respect to customer disclosures and privacy protection. Customers who have not been adequately informed about their rights and obligations may bring suit against a bank, failure to provide adequate privacy protection may also subject a bank to regulatory sanctions in some countries.
Banks choosing to enhance customer service by linking their Internet sites to other sites also can face legal risks. A hacker may use the linked site to defraud a bank customer, and the bank could face litigation from the customer.
As electronic commerce expands, banks may seek to play a role in electronic authentication systems, such as those using digital certificates.7 The role of a certification authority may expose a bank to legal risk. For example, a bank acting as a certification authority may be liable for financial losses incurred by parties relying on the certificate. In addition, legal risk could arise if banks participate in new authentication systems and rights and obligations are not clearly specified in contractual agreements.
7 A digital certificate issued by a certification authority is intended to ensure that a given digital signature is in fact generated by a given signer. A bank that undertakes to act as a certification authority could be considered to be providing services to clients similar to those associated with providing an account access device or acting us a notary public. A digital signature is a string of data appended to an electronic message that is intended to identify uniquely the sender to the recipient. At present, most digital signatures are generated using a cryptographic algorithm in which the sender uses one mathematical function to create the signature and the receiver uses a different, but related mathematical function to verity the signature. Digital signatures also typically provide a mechanism for verifying the integrity of the message.
2.4. Other Risks
Traditional banking risks such as credit risk, liquidity risk, interest rate risk, and market risk may also arise from electronic banking and eletronic money activities, though their practical consequences may be of a different magnitude for banks and supervisors than operational, reputational, and legal risks. This may be particularly true for banks that engage in a variety of banking activities, as compared to banks or bank subsidiaries that specialise in electronic banking and electronic money activities.
2.4.1 Credit risk is the risk that a counterparty will not settle an obligation for full value, either when due or at any time thereafter. Banks engaging in electronic banking activities may extend credit via non-traditional channels, and expand their market beyond traditional geographic boundaries. Inadequate procedures to determine the creditworthiness of borrowers applying for credit via remote banking procedures could heighten credit risk for banks. Banks engaged in electronic bill payment programs may face credit risk if a third party intermediary fails to carry out its obligations with respect to payment. Banks that purchase electronic money from an issuer in ordr to resell it to customers are also exposed to credit risk in the event the issuer defaults on its obligations to redeem the electronic money.
2.4.2 Liquidity risk is the risk arising from a bank’s inability to meet its obligations when they come due, without incurring unacceptable losses, although the bank may ultimately be able to meet its obligations. Liquidity risk may be significant for banks that specialise in electronic money activities if they are unable to ensure that funds are adequate to cover redemption and settlement demands at any particular time. In addition, failure to meet redemption demands in a timely manner could result in legal action against the institution, and lead to reputational damage.
2.4.3 Interest rate risk refers to the exposure of a bank's financial condition to adverse movements in interest rates. Banks specialising in the provision of electronic money may face significant interest rate risk to the extent adverse movements in interest rates decrease the value of assets relative to electronic money liabilities outstanding.
2.4.4 Market risk is the risk of losses in on-and off-balance sheet positions arising from movements in market prices, including foreign exchange rates. Banks accepting foreign currencies in payment for electronic money are subject to this type of risk.
2.5. Cross Border Issues
Electronic banking and electronic money activities are based on technology that by its very nature is designed to extend the geographic reach of banks and customers. Such market expansion can extend beyond national borders, highlighting certain risks. Although banks currently face similar types of risks in international banking, it is important to note that these risks are also relevant to the cross-border conduct of electronic banking and electronic money. Banks may face different legal and regulatory requirements when they deal with customers across national borders. For new forms of retail electronic banking, such as Internet banking, and for electronic money, there may be uncertainties about legal requirements in some countries. In addition, there may be jurisdictional ambiguities with respect to the responsibilities of different national authorities. Such considerations may expose banks to legal risk associated with non-compliance with different national laws and regulations, including consumer protection laws, record-keeping and reporting requirements, privacy rules, and money laundering laws.
Operational risk could arise for a bank dealing with a service provider lacated in another country, which for that reason may be more difficult to monitor. Banks may also face other risks as they engage in the provision of electronic banking and electronic money activities across borders. Banks dealing with foreign-based service providers, or with foreign participants in electronic banking or electronic money activities, are subject to county risk to the extent that foreign parties become unable to fulfil their obligations due to economic, social, or political factors. A bank offering services via open networks like the Internet may be exposed to credit risk, in that applications for credit from customers in other countries may be more difficult to evaluate with procedures based upon a more familiar customer base. Banks accepting foreign currencies in payment for electronic money may be subject to market risk because of movements in foreign exchange rates.
3. Risk Management
For an increasing number of banks there may be a strategic reason for engaging in electronic banking and electronic money activities. In addition, greater use of electronic banking and electronic money may increase the efficiency of the banking and payment system, benefiting consumers and merchants. At the same time, as the preceding discussion indicates, there are risks for banks engaging in electronic banking and electronic money activities. Risks must be balanced against benefits; banks must be able to manage and control risks and absorb any related losses if necessary. Risks from electronic banking and electronic money activities should also be evaluated in the context of other risks the bank faces. Even though electronic banking and electronic money activities may represent a relatively small portion of the overall activities of banks currently, supervisors may still require senior management’s assurance that critical systems are not threatened by the risk exposures banks take.
The rapid pace of technological innovation is likely to change the nature and scope of risks banks face in electronic money and electronic banking. Supervisors expect banks to have processes that enable bank management to respond to current risks, and to adjust to new risks. A risk management process that includes the three basic elements of assessing risks, controlling risk exposure, and monitoring risks will help banks and supervisors attain these goals. Banks may employ such a process when committing to new electronic banking and electronic money activities, and as they evaluate existing commitments to these activities.
It is essential that banks have a comprehensive risk management process in place that is subject to appropriate oversight by the board of directors and senior management. As new risks in electronic banking and electronics activitities are identified and assessed, the board and senior management must be kept informed of these changes. Prior to any new activity being commenced, a comprehensive review should be conducted so that senior management can ensure that the risk management process is adequate to assess, control and monmitor any risks arising from the proposed new activity.
3.1 Assessing Risks
Assessing risks is an ongoing process. It typically involves three steps. First a bank may engage in a rigorous analytic process to identify risks and, where possible, to quantify them. In the event risk cannot be quantified, management may still identify how potential risks can arise and the steps it has taken to deal with and limit those risks. Bank management should form a reasonable and defensible judgement of the magnitude of any risk with respect to both the impact it could have on the bank (including the maximum potential impact), and the probability that such an event will occur.
A second step in assessing risk is for the board of directors or senior management to determine the bank's risk tolerance, based on an assessment of the losses the bank can afford to sustain in the event a given problem materialises. Finally, management can compare its risk tolerance with its assessment of the magnitude of a risk to ascertain if the riks exposure fits within the tolerance limits.
3.2. Managing and Controlling Risks
Having made an assessment of risks and its risk tolerance, bank management should take steps to manage and control risks. This phase of a risk management process includes activities such as implementing security policies and measures, co-ordinating internal communication, evaluating and upgrading products and services, implementing measures to ensure that outsourcing risks are controlled and managed, providing disclosures and customer education, and developing contingency plans. Senior management should ensure that staff responsible for enforcing risk limits have authority independent from the busines unit undertaking the electronic banking or electronic money activity. Banks increase their ability to control and manage the various risks inherent in any activity when policies and procedures are set out in written documentation and made available to all relevant staff.
3.2.1 Security Policies And Measures
Security is the combination of systems, applications, and internal controls used to safeguard the integrity, authenticity, and confidentiality of data and operating processes. Proper security relies on the development and implementation of adequate security policies and security measures for processes within the bank, and for communication between the bank and external parties. Security policies and measures can limit the risk of external and internal attacks on electronic banking and eletronic money systems, as well as the reputational risk arising from security breaches.
A security policy states management's intentions to support information security and provides an explanation of the bank's security organisation. It also establishes guidelines that define the bank's security risk tolerance. The policy may define responsibilities for designing, implementing, and enforcing information security measures, and it may establish procedures to evaluate policy compliance, enforce disciplinary measures, and report security violations
Security measures are combinations of hardware and software tools, and personnel management, that contribute to building secure systems and operations. Senior management should regard security as a comprhensive process that is only as strong as the weakest link in the process. Banks can choose from a variety of security measures to prevent or mitigate external and internal attacks and misuse of electronic banking and electronic money. Such measures include, for example, encryption, passwords, firewalls, virus controls, and employee screening. Encryption is the use of cryptographic algorithms to encode clear text data into cipher text to prevent unauthorised observation.8 Passwords, pass phrases, personal identification numbers, hardware-based tokens, and biometrics are techniques for controlling acess and identifying users.
Firewalls are combinations of hardware and software that screen and limit external access to internal systems connected to open networks such as the Internet. Firewalls may also separate segments of internal networks using Internet technology (Intranets). Firewall technology, if properly designed and implemented, can be an effective means of controlling access and safeguarding data confidentiality and integrity. Because this technology is complex to design and can be csotly, its strength and capabilities should be proportionate with the sensitivity of the information being protected. A well-planned design should include enterprise-wide security requirements, clear procedures for operation, separation of duties, and selection of trusted personnel who are responsible for the configuration and operation of the firewall.
Although firewalls screen incoming messages they do not necessarily protect against virus-infected programs downloaded from the Internet. As a consequence, management should develop prevention and detection controls to reduce the chance of virus attack and data destruction, particularly for remote banking. Programmes to mitigate the risk of a virus infection may include network controls, end-user policies, user training, and virus detection software.
Not all security threats are external. Electronic banking and electronic money systems should also be safeguarded, to the extent possible, against unauthorised activities by current and former employees. As with existing banking activities, background checks for new employees, temporary employees, and consultants, as well as internal controls and separation of duties are important precautions to protect system security.
For electronic money, additional security measures may help deter attacks and misuse, including counterfeiting and money laundering.9 Such measures could include on-line interaction with the issuer or a central operator; monitoring and tracing individual transactions; maintenance of cumulative records in a central database; the use of tamper-resistant devices incorporated into stored-value cards and merchant hardware; and the use of value limits and expiration dates on stored-value cards.
3.2.2 Internal Communication
Aspects of operational, reputational, legal, and other risks can be managed and controlled if senior management communicates to key staff how the provision of electronic banking and electronic money is intended to support the overall goals of the bank. At the same time, technical staff should clearly communicate to senior management how systems are designed to work, as well as the strengths and weaknesses of systems. Such procedures can reduce operational risks of poor systems design, including incompatibilty of different systems within a banking organisation; data integrity problems; reputational risk associated with customer dissatisfaction that systems did not work as expected; and credit and liquidity risk.
To ensure adequate internal communication, all policies and procedures should be provided in writing. In addition, senior management should adopt a corporate policy of ongoing education and upgrading of skills and knowledge, consistent with the pace of technological innovation, in order to limit operational risks arising from lack of staff and management expertise. Training may include technical course work, as well as time for staff to keep abreast of important market developments.
3.2.3 Evaluating And Upgrading
Evaluating products and services before they are introduced on a widespread basis can also help limit operational and reputational risks. Testing validates that equipment and systems function properly and produce the desired results. Pilot programs or prototoypes can be helpful in developing new applications. The risk of system slowdowns or disruptions can also be reduced by policies to review the capabilities of existing hardware and software regularly.
3.2.4 Outsourcing
A growing trend in the industry is for banks to focus strategically on core competencies and rely on external parties specialising in activities outside the bank's expertise. While these arrangements may offer benefits such as cost-reduction and economies of scale, outsourcing does not relieve the bank of the ultimate responsibility for controlling risks that affect its operations. Consequently, banks should adopt policies to limit risks arising from reliance on outside service providers. For example, bank management should monitor the operational and financial performance of their service providers; ensure that contractual relations between parties, as well as the expectations and obligations of each party, are clearly understood and are defined in written, enforceable contracts; and maintain a contingency arrangement to change service providers in a prompt manner, if necessary.
Security of the bank's sensitive information is of critical importance. The outsourcing arrangement may require the bank to share sensitive data with service providers. Bank management should evaluate the ability of the service provider to maintain the same level of security as though the activities were conducted in-house, through the review of service providers’ policies and procedures aimed at protecting sensitive data. Additionally, supervisors may wish to have the right to independently assess, when necessary, the competence and the operational and financial performance of the service providers.
3.2.5 Disclosures And Customer Education
Disclosures and customer education may help a bank limit legal and reputational risk. Disclosures and programs to educate customers that address how to use new products and services, fees charged for services and products, and problem and error resolution procedures can help banks comply with customer protection and privacy laws and regulations. Disclosures and explanations about the nature of a bank's relationship to a linked web site may help reduce legal risk to a bank arising form problems with services or products on the linked sites.
3.2.6 Contingency Planning
A bank can limit the risk of disruptions in internal processes or in service or product delivery by developing contingency plans that establish its course of action in the event of a disruption in its provision of electronic banking and electronic money services. The plan may address data recovery, alternative data-processing capabilities, emergency staffing, and customer service support. Backup systems should be tested periodically to ensure their continuing effectiveness. Banks should ensure that their contingency operations are as secure as their normal production operations.
An important aspect of electronic banking and electronic money is the reliance on external entities including hardware vendors, sftware providers, Internet service providers, and telecommunications companies. Bank management may insist that such service providers have backup capabilities. In addition, management may consider compensating actions it can take in the event service providers become impaired. Such plans could include shourt-term contracting with other providers, and a policy decribing how the bank will address customer losses associated with the service disruption. Banks should also consider the advisability of reserving the right to change service providers in a prompt manner if necessary.
Contingency planning may also contribute to limit reputational risk arising from the bank's own actions, or from problems experienced by another institution offering the same or similar electronic banking or electronic money products or services. For example, banks may wish to establish procedures to address customer problems during system disruptions.
8 See Security of Electronic Money, Bank for International Settlements, August 1996, especially section 4.1.2 on cryptography, for a detailed discussion of encryption.
9 A detailed discussion of security measures for electronic money can be found in Security of Electronic Money, Bank for International Settlements, April 1996. That report concluded that a combination of security measures, rather than reliance on any one particular measure, is likely to be most effective in preventing and deterring security problems for electronic money.3.3. Monitoring Risks
Ongoing monitoring is an important aspect of any risk management process. For electronic banking and electronic money activities, monitoring is particularly important both because the nature of the activities are likely to change rapidly as innovations occur, and because of the reliance of some products on the use of open networks such as the Internet. Two important elements of monitoring are system testing and auditing.
3.3.1 System Testing And Surveillance
Testing of systems operations can help detect unusual activity patterns and avert major system problems, disruptions, and attacks. Penetration testing focuses upon the identification, isolation, and confirmation of flaws in the design and implementation of security mechanisms through controlled attempts to penetrate a system outside normal procedures. Surveillance is a form of monitoring in which software and audit applications are used to track activity. In contrast to penetration testing, surveillance focuses on monitoring routine operations, investigating anomalies, and making ongoing judgements regarding the effectiveness of security by testing aherence to security policies.
3.3.2 Auditing
Auditing (internal and external) provides an important independent control mechanism for detecting deficiencies and minimising risks in the provision of electronic banking and electronic money services. The role of an auditor is to ensure that appropriate standards, plocies, and procedures are developed, and that the bank consistently adheres to them. Audit personnel must have sufficient specialised expertise to perform an accurate review. An internal auditor should be separate and independent from employees making risk management decisions. To augment internal audit, management may seek qualified external auditors, such as computer security consultants or other professionals with relevant expertise, to provide an independent assessment of the electronic banking or electronic money activity.
3.4. Management of Cross Border Risks
Cross border risks may be more complex than risks banks face within their home country. Hence, banks and supervisors may need to devote added attention to assessing, controlling, and monitoring operational, reputational, legal and other risks arising from cross border electronic banking and electronic money activities.
Banks that choose to provide services to customers in different national markets will need to understand different national legal requirements, and develop an appreciation for national differences in customer expectations and knowledge of products and services. In addition, senior management should ensure that existing systems for credit extension and liquidity management take into account potential difficulties arising from cross border activities. A bank may need to assess country risk and develop contingency plans that take into account service disruptions due to problems in the economic or political climate abroad. A bank may also face difficulties in enforcing the fulfilment of a foreign service provider’s obligations. In the case of banks relying on service providers located abroad, national supervisors may want to assess the accessibility of information from, and consider the activities of, cross-border service providers on a case- by-case basis.
National supervisors can play an important role by identifying and discussing jurisdictional ambiguities. They can also continue efforts to develop measures to detect unsafe and illegal practices. Finally, national supervisors can continue, and strengthen, cooprative efforts to share information about product and service innovations and industry practices.
Annex
Examples of possible risks and risk management measures in retail electronic banking and electronic money
The matrix below provides examples of possible risks banks may face in engaging in electronic banking and electronic money activities, and notes possible measures banks may use to manage such risks. The list is representative rather than exhaustive. The possible risk management measures should not be construed as a reflection of national or international supervisory policy.
Examples of possble risks and risk management measures in retail electronic banking and electronic money
Examples of possible risks Possible manifestation Potential effect on the banking organisation Possible risk management measures Operational risk Unauthorized system access. Hacker gains entry to internal systems. Confidential customer information is intercepted by an unauthorized third party. Virus injected into bank's system.
Bank's systems and data deliberately corrupted and crashed.
Loss of data. Theft of, or tampering with, customer information. Disabling of a significant portion of bank's internal computer system. Costs associated with repairing system.
Perceived insecurity of bank's systems and potential adverse publicity.
Penetration testing for vulnerabilities. Surveillance to detect anomalies in usage, deployment of communication security measures such as firewalls, password management, encryption techniques, and proper authorization of end-users.
Deploy virus checking and on-going monitoring of security measures in internal systems.
Employee fraud. Employee alteration of data in order to draw funds from general bank accounts, and to obtain information from records. Employee theft of smart cards. Costs associated with reimbursing customer losses and with reconstructing accurate data on customers. Possible losses from redeeming electronic money for which no corresponding prepaid funds were received. Customers may perceive the bank as being unreliable. A bank may face legal or regulatory sanctions, and negative publicity. Develop policies for adequately screening new employees. Institute internal controls, including segregation of duties. External auditing of employee performance. Proper control over storage, manufacture, etc, of smart cards. Counterfeiting of electronic money. Criminals alter or duplicate electronic money products to obtain goods or funds without proper payment. A bank may be liable for the amount of the falsified electronic money. Possible costs associated with repairing a compromised system. On-line interaction with the issuer or central operator; monitor and trace individual transactions; maintain cumulative records in a central database; incorporate tamper-resistant devices into stored-value cards and merchant hardware; develop audit trails. Low load-limits may make counterfeiting less attractive for criminals. Service provider risk. Service provider may not deliver services expected by the bank; deficiencies in system or data integrity or reliability may result. Bank may be held accountable by customers for service provider-induced problems. Undertake due diligence before entering into a service provider contract. Construct service provider contracts that establish performance benchmarks, and address contingencies and auditing provisions. Establish backup plans with service provider, develop contingency plans for contracting with alternative service providers. Obsolescence of systems. Delays or disruptions in processing transactions. Deficiencies in system or data integrity or reliability. Adverse public reaction. Possible legal repercussions as law suits could result from erroneous transactions. Costs associated with resolving customer problems. Regular review of capabilities of existing hardware and software. Installation of an accountability system that assigns responsibility for updates to systems and equipment. Outdated staff and management expertise. Rapid technological change can mean that management and staff at a bank are not able to fully understand the nature of new technology employed by the bank, or technological upgradeprovided by service providers. Poor implementation of newer technology. Inability to provide ongoing support. Deficiencies in system or data integrity or reliability. Develop corporate view for training as an ongoing process. Design management and staff training at the planning stage. Inadequate customer security practices. Customer use of personal information (e.g., credit card numbers, bank account numbers) in non-secure electronic transmissions. Criminals could access customer accounts using what should be kept as confidential information. Financial loss through unauthorized transactions. Provide information to customers on the importance of safeguarding information in non-secure transactions. Incorporate security measures into products and services. Customer repudiation of a transaction. Customer completes a transaction, but denies transaction took place, and demands reimbursement of funds. Expenses incurred in proving that the customer authorized the transaction. Possible loss of funds if proof cannot be produced. Implement security measures that enhance customer authentication, such as personal identification numbers. Audit trail for transactions. Reputational risk Significant, widespread system deficiencies. Customers' access to their funds or account information is impaired. Customers may discontinue use of the product or the service. Directly affected customers leave the bank; others follow if problems are publicized. Test systems before implementing. Develop back-up facilities and contingency plans, including plans to address customer problems during system disruptions. A significant breach of security. A virus is introduced into a bank's system, causing significant system and data integrity problems.
Hackers gain entry to internal systems.
Customers may discontinue use of the product or the service. Directly affected customers leave the bank; others follow. Penetration testing, and other appropriate security measures. Develop contingency plans.
Deploy virus checking.
Problems with, or misuses of, same or similar systems or products by another isntitution. Customers view a given bank's electronic money with suspicion in the wake of problems by another bank. Customers may leave the bank. Develop contingency plans. Legal risk Uncertain or ambiguous applicability of laws and rules. A bank may inadvertently be in noncompliance with laws. Application of established consumer compliance rules, money-laundering rules, and signature rules may be uncertain. A bank may incur legal expenses, or be subject to regulatory sanctions. Ascertain areas of legal uncertainty prior to committing to electronic money or electronic banking activities. Make careful judgments about risk tolerance for legal uncertainties. Perform periodic compliance reviews. Request interpretations from regulatory authorities. Update compliance training. Develop contingency plans. Money laundering. A bank's electronic banking or electronic money system may be misused by customers who seek to engage in criminal activity, including money laundering. Legal sanctions for noncompliance with "know your customer" laws. Design customer identification and screening techniques. Develop audit trails. Design policies and procedures to spot and report suspicious activities. For electronic money, low load limits may make money laundering less attractive. Perform periodic compliance reviews. Update compliance training. Develop contingency plans. Inadequate disclosure of information to customers. Customers may not fully understand what their lefts and obligations are, including, for example, any dispute resolution procedure. They may therefore take inadequate precautions in using the product or service. Customer may bring legal suit against the bank as a result of losses or disputed transactions. A bank may be subject to regulatory or legal sanctions. Ascertain appropriate disclosures in advance of offering electronic money or electronic banking activities. Train employees to be aware of typical difficulties customers may have. Carefully weigh costs and benefits of disclosures beyond legal minimum in areas where customer risks may arise. Design and disseminate product information to the public. Develop a process to periodically review regulatory requirements. Failure to protect customer privacy. A bank releases information profiling the pattern of customer financial transactions without customer authorization. Litigation expenses incurred by bank if law suits are filed by customers. Bank may face legal or regulatory sanctions. Review privacy protection policies. Train employees in privacy protection procedures. Deploy security measures. Perform periodic compliance reviews. Update compliance training. Problems at a linked Internet site. A bank may link its web site to web sites of entities offering complementary products. The linked site may disappoint or defraud a bank customer. The bank could face litigation from the customer. Fully understand the legal repercussion, and security risks, of linking to other web sites. Make appropriate consumer disclosures to prevent consumer confusion over the role of the bank, or the insured status of products offered at linked sites. Do not make representations on bank's site regarding the quality of the goods or services available at the linked sites. Certificate authority risk. Forged certificates are issued in the bank's name, defrauding customers. Certificates are issued to persons posing as bank customers without adequate identity verification. Costs associated with revoking and reissuing compromised certificates. Parties relying on a forged or fraudulently obtained certificate may bring lawsuits against the bank. Negative reputational repercussions. Implement appropriate security measures and controls. Exposure to foreign jurisdictions. A Bank offering services over the Internet may attract customers from other countries, causing the bank to be subject to different legal or regulatory requirements. Ambiguities about jurisdictional responsibilities of different national authorities. Bank-issued or distributed dlectronic money may be used outside the country in which the bank is chartered. A Bank may be in noncompliance with laws or regulations outside its home country. A bank may incur unanticipated legal expenses. Ascertain the extent to which its electronic money and electronic banking activities are likely to be used across borders, and make careful judgments on the bank's ability to respond to legal and jurisdictional uncertainties. Train personnel about different nationsl, legal and regulatory environments. Credit risk Default of borrowers who applied for credit via remote banking. Bank may approve extension of credit to customers outside its normal market where data are not available, or are costly to obtain. Unanticipated provisioning for non-performing loans may be necessary. Ensure that evaluation of creditworthiness of remote banking customers is in line wiht traditional requirements. Audit lending decisions and procedures. Default of an electronic money issuer. Issuer may become insolvent while the bank holds electronic money for resale to customers or for redemption. A bank may have to use its own funds to redeem electronic money held by its customers in the event of issuer default. Perform due diligence on any issuing entity prior to participating in an electronic money system. Monitor the financial condition of the issuer. Develop contingency plans in case of default. Liquidity risk Illiquidity of electronic money issuer. A sudden increase in demand for redemption of electronic money. May be a problem for banks that specialise in electronic money schemes. Bank may incur losses as it seeks to generate more costly sources of funds. If public perceives liquidity problems there may be a more widespread withdrawal of deposits or redemption of electronic money. Failure to meet redemption demands in a timely manner could also lead to reputation damage. Invest funds in liquid assets. Develop a monitoring system on usage. Conduct regular and comprehensive audits. Interest rate risk Unanticipated interest rate changes for instruments in which an electronic money issuer invests. Unfavorable movement in interest rates could decrease value of assets relative to electronic money liabilities outstanding. May be a problem for banks that specialise in electronic money issuance. Unanticipated decline in value of assets could bring bank out of compliance with regulatory requirements. Liquidity problems could arise. Institute interest rate risk management measures commensurate with bank's exposure. Market risk Foreign Exchange risk arising from acceptance of foreign currencies in payment for electronic money. An unfavorable movement in FX rates could require bank to cover losses. Negative impact on earnings. Establish FX risk management or hedging program. Country risk Transfer risk arising from foreign-based service provider, foreign participants in an electronic money or electronic banking scheme. Foreign service providers or participants in an electronic money or electronic banking scheme may become unable to fulfill obligations due to economic, social, or political factors. Costs of resolving customer problems. The bank could face litigation from the customer. Conduct country risk assessment. Develop contingency plans for contracting with other possible participants. Principles for the Supervision of Financial Conglomerates-BCBS
The Joint Forum was established in 1996 under the aegis of the Basel Committee on Banking Supervision, the International Organization of Securities Commission (IOSCO) and the International Association of Insurance Supervisors (IAIS) to deal with issues common to banking, securities and insurance sectors. In 2009, Joint Forum recommended that the 1999 Principles should be updated and expanded. In this regard, the Joint Forum has now issued its finalized paper on Supervision of Financial Conglomerates which is relevant to banks in Saudi Arabia.
We require all banks to access the above document from the Bank for International Settlement website: (www.bis.org). Banks are expected to study and review the relevant component of this document with the objective to further strengthening their internal governance, risk management and control systems.
Amendment of the Name and Requirements of the Third Paragraph of Rule No. (200-1-3) Regarding the Accounts of Individual Expatriates and Residents in the Kingdom with a Three-Month Work Visa Residence in the Passport
Rules Governing the Opening of Bank Accounts & General Operational Guidelines
To read the most updated Rules for Bank Accounts, click here.The required information that is showed on banks statements for the consumers
This circular has been replaced by SAMA circular No. (42059442), dated 22/08/1442H, corresponding to 04/04/2021G.Attachment 1: Types of Transactions That Current Bank Accounts Should Include
SN Transaction Type
Remarks 1 - Cash Deposit:
- Bank's Counter
- ATM
2 Cash Withdraws) :
- Bank's Counter -Check
- Bank's Counter - Form
- ATM
3 Check Deposit:
- Clearing - Out (drawn on local bank)
- Collection - Outward (drawn on overseas)
- Internal (drawn on same bank)
4 Payment of Check (received from clearing / overseas)
- Clearing-in / Collection - inward
5 Outgoing Transfer:
- SARIE
- SWIFT
- Payroll
- Dividend
6 incoming Transfer :
- SARIE
- SWIFT
- Payroll
- Dividend
7 internal Transfer ( A/c to A/c - Same Bank) 8 Cashier Order issuance (Saudi Riyal) 9 Demand Draft issuance (Foreign Currency) 10 SADAD Payment 11 Direct Debit Payment 12 Buying Foreign Currency (Bank Notes) 13 Setting Foreign Currency (Bank Notes) 14 Credit Card Settlement 15 POS Transactions (ATM, VISA) 16 IPO Subscription 17 Standing Orders 18 Charges / Fees Transactions 19 Term Deposit 20 Term Loan (installment, Principal) 21 Murabha Deposit 22 Tawaroq Finance Attachment 2: Detailed Criteria That Must Be Listed in Current Bank accounts For Types of Transactions in Attachment 1
CASH DEPOSIT (BANK BRANCH ) - (1/1)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks , A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Name where cash is deposited) M √ √ 2 Delivery Channel Location (City where branch is located) o √ √ 3 Trans Ref # (generated by the system) M √ √ - * 4 Trans Type ( Cash Deposit - Bank) M √ √ * * 5 Date Trans Initiated M √ √ * 6 Time Trans Initiated (Mandatory for ATM / E-banking Trans for other normal trans it is Optional) o √ √ Stt to be sorted by date & by time 7 Value Date (Cr) M √ √ * C Credit information 1 Amount M √ √ * 2 Currency M √ √ * * 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Purpose / Details of Payment / Sources of Funds 0 √ 5 Depositor Name M - - √ - - * 6 Depositor ID# - - - - √ * On cash deposit form 7 Depositor Tele / Celt # - - - - √ * On cash deposit form *M= Mandatory, O=Optional, A= Arabic, E= English, NR=Not Required, NA= Not Applicable
CASH DEPOSIT (ATM) - (1/2)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank +
ATM Name where cash is deposited)
M √ √ 2 Delivery Channel Location (City where
ATM is located)
0 √ √ 3 Trans Ref # (generated by ATM ) M √ √ - - - - 4 Trans Type (Cash Deposit - ATM) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated (Mandatory for ATM / E-banking trans. Options) for other normal
trans.)
M √ Mandatory for ATM / E- banking
trans.
7 Value Date (Cr) M √ √ - - - C Credit information 1 Amount M √ √ - - - 2 Currency M √ √ - - - 3 Exchange Rate Applied s - Must be applied in 2nd Phase 4 Charges - - - - *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CASH WITHDRAWAL (CHQ) - (2/1)
SN Criteria for information *M / 0 *A ;*E Teller input Language *NR *NA Remarks ; A Initiating Delivery Channel. 1 Delivery Channel Name / Code (Bank + Branch Name where cash is withdrawn) M √ √ 2 Delivery Channel Location (Name of City where Branch is located) 0 √ √ 3 Trans Ref # (generated by system) M √ √ - - - 4 Trans Type (Cash Withdrawal at Bank) M √ √ - - - 5 Date Trans initiated M √ √ - - - 6 Time Trans initiated 0 √ √ - - - 7 Value Date (Dr) M √ √ - - - B Debit information 1 Amount M √ √ - - - 2 Currency M √ √ - - 3 Exchange Rate Applied √ √ h Must be applied in 2nd Phase 4 Charges M √ √ if foreign currency is withdrawn 5 Cheque Number M √ √ - - - 6 Beneficiary Name M - - 7 Beneficiary's ID # To be
recorded on the cheque by the teller
8 Beneficiary's Tele / Cell# To be
recorded on the cheque by the Teller
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CASH WITHDRAWAL (FORM) - (2/2) SN Criteria for information s *M /
'o
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Name where cash is withdrawn) M √ √ 2 Delivery Channel Location (Name of City where branch is located) 0 √ √ 3 Trans Ref # (generated by system) M √ √ - - 4 Trans Type ( Cash Withdrawal - Voucher) M √ √ - - - 5 Date Trans initiated M √ √ - - 6 Time Trans Initiated 0 √ √ - - 7 Value Date (Dr) M √ √ - - - B Debit information 1 Amount M √ √ - - 2 Currency M √ √ - - 3 Exchange Rate Applied M √ √ h Must be applied in 2nd Phase 4 Charges M √ √ if foreign currency is withdrawn 5 Beneficiary Name M - - √
* 6 Beneficiary's ID # - - - -
√ To be
recorded on form
7 Beneficiary's Tele / Cell # - - - -
√ To be
recorded on form
M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CASH WITHDRAWAL (ATM) - (2/3)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channelw 1 Delivery Channel Name / Code ( Bank + ATM Name where cash is withdrawn ) M √ √ 2 Delivery Channel Location (Name of City where ATM is located) 0 √ √ 3 Trans Ref # ( SARRAF / VISA Issuer Bank Name / Code + Trans reference # generated by system) M √ √ 4 Trans Type (Cash Withdrawal ATM) M √ √ - - 5 Date Trans initiated M √ √ - 6 Time Trans initiated (Mandatory for ATM / E-banking trans. Optional for other normal trans.) M √ √ Mandatory for ATM / E- banking
trans.
7 Value Date (Dr) M √ √ - B Debit information M √ √ - 1 Amount M √ √ - 2 Currency M √ √ - 3 Exchange Rate Applied Must be
applied in 2nd
Phase
4 Charges M √ √ if amount is withdrawn in foreign currency *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CHECK DEPOSIT (CLC- OUT)- (3/1)
SN Criteria for information *M/
0
*A *E. Teller input Language *NR *NA Remarks A initiating Delivery Channels 1 Delivery Channel Name / Code (Bank + Branch / Dept Name where transaction is processed) M √ √ 2 Delivery Channel Location (Name of City where branch / dept is located)√ 0 √ √ 3 Trans Ref # (generated by system) M √ √ - - 4 Trans Type ( Cheque - Clearing) M √ √ - - 5 Date Trans Initiated M √ √ - - 6 Time Trans initiated 0 √ √ - - 7 Value Date (Cr) M √ √ - - C Credit information 1 Amount M √ √ - 2 Currency M √ √ 3 Cheque Number M √ √ 3 Drawn on Bank Name M - - √ - 4 Depositor Name M - - √ - if other than a/c holder 5 Depositor ID # - - - - √ On chq deposit form 6 Depositor Tele / Cell # - - - - √ On chq deposit form *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CHECK DEPOSIT (COLL) - (3/2]
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept Name where check for collection is processed) M √ √ 2 Delivery Channel Location (Name of City where Branch / Dept is located) 0 √ √ 3 Trans Ref # (generated by system) M √ √ 4 Trans Type (Check for Collection ) M √ √ 5 Date Trans initiated M √ √ 6 Time Trans initiated 0 √ √ 7 Value Date (Dr) M √ √ 8 Value Date (Cr) M √ √ B Debit information ( CHARGES ) 1 Amount M √ √ - - - Charges on collection 2 Currency M √ √ - - - 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Cheque Number M √ √ - - - - 5 Drawn on Bank Name + City M √- √ - - - 6 Charges (Collecting + Correspondent
Banks charges)
M C Credit information' M √ √ 1 Amount M √ √ - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied h Must be applied in 2nd
Phase
4 Check Number M √ √ - - - - 5 Drawn on Bank Name + City M - - √ - - - 6 Depositor Name M - - √ - - if other than a/c holder 7 Depositor ID # - - - - '√ - On chq deposit form 8 Depositor Tele / Cell # * - - √ - On chq deposit form *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CHECK DEPOSIT (Internal - Same Bank) - (3/3)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks
---
A initiating Delivery Channel 1 Delivery Channel Name / Code ( Bank & Branch Name where transaction is processed) M √ √ 2 Delivery Channel Location (Name of City where Branch is located) 0 √ √ 3 Trans Ref # (generated by system) M √ √ 4 Trans Type ( Check Deposit - internal) M √ √ 5 Date Trans initiated M √ √ 6 Time Trans initiated 0 √ √ 7 Value Date (Dr) M √ √ 8 Value Date (Cr) M √ √ B Debit information 1 Amount M √ √ 2 Currency M √ √ 3 Exchange Rate Applied h Must be applied in 2nd Phase 4 Check Number M * * * 5 Beneficiary Name M - * c Credit information- 1 Amount M √ √ - - * * 2 Currency M √ √ - * * 3 Exchange Rate Applied s Must be applied in 2nd Phase 4 Check Number M √ √ - - - - 5 Drawn on Bank Name M - - √ - - - 6 Depositor Name M - - √ - - if other than a/c holder 7 Depositor ID# - - - - √ - On chq deposit form 8 Depositor Tele/Cell# - - - * √ - On chq deposit form *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
PAYMENT OF CHECK (CLG-IN / COLL-IN) -(4)
SN Criteria for information *M/
0
*A - :.*E Teller inputs Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Dept Name where transaction is processed) M √ √ 2 Delivery Channel Location (Name of City where branch / dept is located) M √ √ 3 Trans Ref # (generated by system) M √ √ 4 Trans Type (Clearing- In / Inward Coll) M √ √ 5 Date Trans initiated√ M √ √ 6 Time Trans initiated 0 √ √ 7 Value Date (Dr) - - - 8 Value Date (Cr) - - * B Debit information ' 1 Amount M √ √ 2 Currency M √ √ 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Check Number M √ √ 5 Beneficiary's Name M - - √ 6 Presenting Bank / Collecting Bank Name 0 * √ - *M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
OUTGOING FUNDS TRANSFER (SARIE) - (5/1)
SN Criteria for information *M/
0
*A *E , Teller input Language *NR .d *NA Remarks .
A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch name where transaction is processed) M √ √ 2 Delivery Channel Location (Name of City of branch ) 0 √ √ 3 Trans Ref # (Outgoing Transfer # generated by system) + UTI # for SARIE transaction. M √ √ UTI # for SARIE trans. 4 Trans Type (Outgoing Transfer - SARIE) M √ √ * 5 Date Trans Initiated M √ √ * 6 Time Trans initiated (Mandatory for ATM / E-banking transaction. Optional for other normal trans.) 0 √ √ √ Mandatory for ATM / E- banking
trans.
7 Value Date (Dr) M √ √ - * * B Debit information 1 Amount M √ √ - - - * 2 Currency M √ √ - - - - 3 Exchange Rate Applied - * Must be applied in 2nd
Phase.
4 Charges M √ √ - - 5 Beneficiary Name M - - √ - - 6 Beneficiary Bank Name / Code M - - √ - - 7 Beneficiary Account Number - - - - - Mandatory on form 8
9
Beneficiary's Address - - - - √ Mandatory on form Purpose / Details of Trans - - - - √ - Mandatory on form *M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
OUTGOING FUNDS TRANSFER (SWIFT)- (5/2)
SN Criteria for information *M/O *A *E Teller input ; Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch Name where transaction is processed) M √ √ 2 Delivery Channel Location (Name of City of Branch where transaction is processed) 0 √ √ 3 Trans Ref # ( Outgoing Transfer # generated by system) M √ √ 4 Trans Type (Outgoing Transfer Overseas - SWIFT) M √ √ 5 Date Trans initiated M √ √ 6 Time Trans initiated (Mandatory for ATM / E-banking trans. Optional for other normal trans) 0 √ √ Mandatory for ATM / E- banking
trans.
7 Value Date (Dr) M √ √ B Debit information 1 Amount M √ √ 2 Currency M √ √ - $ Exchange Rate Applied h - Must be
applied in 2 nd
Phase
4 Charges M √ √ - - SWIFT
charges
5 Commission M √ √ - - Commission on transfer 6 Beneficiary Name M - - √ - - 7 Beneficiary Bank Name M - - √ - - 8 Beneficiary Account Number - - - - - Mandatory on form 9 Beneficiary's Address - - - - Mandatory on form 10 Purpose / Details of Trans * - - - Mandatory on form *M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
OUTGOING TRANSFER (PAYROLL) - (5/3)
SN Criteria for information *M/
O
*A *E Teller input Languages *NR *NA Remarks A Initiating Delivery Channel* 1 Delivery Channel Name / Code (Bank & Branch name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of City of branch ) 0 √ √ -
-
-
-
3 Trans Ref #(MT102 - Outgoing Transfer# generated by system) + UT7 # for SAR/E transaction. M √ √ -
-
-
UT! # for SARIE trans.
4 Trans Type (PAYROLL -Bulk Customer Payment) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans initiated (Mandatory for ATM/ E-banking trans. Optional for other normal trans ) 0 √ √ -
-
-
Mandatory for ATM / E- banking
trans.
7 Value Date (Debit) M √ √ B Debit information 1 Amount M √ √ -
-
-
Aggregate
amount
2 Currency M √ √ *
-
-
-
3 Exchange Rate Applied Must be applied in 2nd Phase;
4 Charges M √ √ -
-
-
charges on Bulk payment
5 Details of Payment (Payroll) M √ √ -
-
-
-
*M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
OUTGOING TRANSFER (DIVIDEND) - (5/4)
SN Criteria for information *M/ O *A *E Teller input Languages *NR *NA Remarks A Initiating Delivery Channel* 1 Delivery Channel Name / Code (Bank & Branch name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of City of branch ) 0 √ √ -
-
-
-
3 Trans Ref #(MT102 - Outgoing Transfer# generated by system) + UT1 + for SARIE transaction. M √ √ -
-
-
UT! # for SARIE trans.
4 Trans Type (PAYROLL -Bulk Customer Payment) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans initiated (Mandatory for ATM/ E-banking trans. Optional for other normal trans ) 0 √ √ -
-
-
Mandatory for ATM / E- banking
trans.
7 Value Date (Debit) M √ √ B Debit information 1 Amount M -
-
-
Aggregate
amount
2 Currency M √ √ -
-
-
-
3 Exchange Rate Applied Must be applied in 2nd Phase;
4 Charges M √ √ -
-
-
Bulk payment message
5 Field 70: Details of Payment (Dividend + Period)
e.g / Dividend / 1st Half 2010
M √ √ -
-
-
- *M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
INCOMING TRANSFER (SARIE)-(6/1)
SN Criteria for information
*M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of the
City where branch / dept is located)
0 √ √ -
-
-
-
3 Trans Ref # (incoming Transfer Number) +
UTI# for SAR/E transaction.
M √ √ -
-
-
UT! # for SARIE trans. 4 Trans Type (incoming Transfer - SARIE) M √ √ -
-
-
-
5 Date Trans Initiated M √ √ -
-
-
-
6 Time Trans Initiated 0 √ √ -
-
-
-
7 Value Date (Cr) M √ √ -
-
-
-
C Credit information -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
2 Remitter's Name M - √
-
-
-
1 Remitting Bank Name / Code M √ √ -
-
-
-
3 Purpose / Details of Payment M * * √
-
-
-
*M= Mandatory, 0=0ptionai, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
lNCOMlNG TRANSFER (SWlFT)- (6/2)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channelr 1 Delivery Channel Name / Code (Bank & Branch / Dept where trans is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of City where Branch / Dept is located) 0 √ √ -
-
-
-
3 Trans Ref#(Incoming Transfer #) M √ √ -
-
-
-
4 Trans Type (incoming Transfer-SWIFT) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans initiated 0 √ √ -
-
-
-
7 Value Date (Cr) M √ √ -
-
-
-
C Credit information 1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Exchange Rate Applied Must be applied in 2nd Phase 4 Remitter's Name M -
-
-
-
-
-
5 Remitting Bank Name M -
-
√ -
-
-
6 Purpose / Details of Payment M -
-
√ -
-
-
*M- Mandatory, 0=0ptional, A= Arabic, E= English, NR= Not Required, NA- Not Applicable
INCOMING TRANSFER (PAYROLL) - (6/3]
SN Criteria for information *M/
0
*A *E : Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of the
City where branch / dept is located)
0 √ √ -
-
-
-
3 Trans Ref # (MT102 - incoming Transfer Number) + UTI# for SARIE transaction. M √ √ -
-
-
UT! # for SARIE trans. 4 Trans Type (MT 102 - Incoming Transfer Local - Payroll) M √ √ -
-
-
-
5 Date Trans Initiated M √ √ -
-
-
-
6 Time Trans Initiated (Mandatory for ATM / E-banking trans. Optional for other normal trans) o √ √ -
-
-
Mandatory for ATM / E- banking
trans.
7 Value Date (Cr) M √ √ -
-
-
-
C Credit information -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Ordering Customer (Remitter's) Name M √ √ -
-
-
-
4 Remitting Bank Name / Code M √ √ -
-
-
-
5 Purpose / Details of Payment (Payroll) M -
-
-
-
*M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
INCOMING TRANSFER (DIVIDEND) -(6/4)
SN Criteria for information *M/; 0 *A *E Teller input Language *NR *NA r Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of the
City where branch / dept is located)
0 √ √ -
-
-
-
3 Trans Ref # (MT102 - incoming Transfer Number) + UT/ # for SARIE transaction. M √ √ -
-
-
UTI# for SARIE trans. 4 Trans Type ( Dividend ) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans Initiated 0 √ √ -
-
-
-
7 Value Date (Cr) M √ √ -
-
-
-
C Credit information -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Field 50: Ordering Customer (Remitter's) Name
e g. STC, SABIC etc
M √ √ -
-
-
Company which has declared dividend 4 Remitting Bank Name / Code 0 - * √ -
-
-
5 Field 70: Purpose / Details of Payment
(Dividend + Period)
e.g. / Dividend/1st Half 2010
M - * √ -
-
-
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
INTERNAL TRANSFER (A/C TO A/C - Same Bank)- (7)
SN Criteria for information *M/
0
*A *E Teller input Languages *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch name where transaction is processed) M √ √ - 2 Delivery Channel Location (Name of City where branch is located) 0 √ √ - 3 Trans Ref # (generated by system) M √ √ - 4 Trans Type (A/c to A/c Transfer) M √ √ - 5 Date Trans initiated M √ √ - 6 Time Trans initiated 0 √ √ - 7 Value Date (Dr) M √ √ - - 8 Value Date (Cr) M √ √ - - B Debit information - - 1 Amount M √ √ - - 2 Currency M √ √ - - 3 Exchange Rate Applied Must be applied in 2nd
Phase
4 Beneficiary Name M - - √ - - - 5 Beneficiary Account Number M - - √ - C Credit information 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Remitter's Name M - - √ - - - 5 Purpose/Details of Payment M - - √ - - - *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
CASHlER ORDER (SAR) - ISSUANCE - (8)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of City where branch is located) 0 √ √ -
-
-
-
3 Trans Ref # (generated by system) M √ √ -
-
-
-
4 Trans Type (Cashier Order) M √ √ -
-
-
-
5 Date Trans Initiated M √ √ -
-
-
-
6 Time Trans initiated 0 √ √ -
-
-
-
7 Value Date (Dr) M √ √ -
-
-
-
B Debit information ; -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Exchange Rate Applied - Must be applied 2nd Phase 4 Commission M √ √ - -
-
-
5 Cashier Order Number M - - √ -
-
-
6 Beneficiary Name M - - √ -
-
-
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
DEMAND DRAFT (F/C)- ISSUANCE - (9)
SN
Criteria for information *M/
o
*A ,*E Teller input -'Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channel Location (Name of City where branch is located) 0 √ √ -
-
-
-
3 Trans Ref # (generated by system) M √ √ -
-
-
-
4 Trans Type ( Demand Draft) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans Initiated 0 √ √ -
-
-
-
7 Value Date (Dr) M √ √ -
-
-
-
B Debit information 1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Exchange Rate Applied Must be applied in 2nd
Phase.
4 Commission M √ √ -
-
-
-
5 Demand Draft Number M - - √ -
-
-
6 Beneficiary Name M * √ -
-
-
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
SADAD PAYMENT (10)
SN Criteria for information *M/
' 0
*A *E Teller input Language *NR *NA Remarks .. A initiating Delivery Channei 1 Delivery Channei Name (Bank & Branch / Dept name/E-banking channel where transaction is processed) M √ √ -
-
-
-
2 Delivery Channei Location (Name of City where Branch/Dept is located / E-banking channel name) 0 √ √ -
-
-
-
3 Trans Ref # (generated by SADAD system) Ie SADAD # 9 digits M √ √ -
-
-
-
4 Trans Type (Sadad Payment) M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans Initiated (Mandatory for ATM/ E-banking trans. Optional for other normal trans) O/M √ √ -
-
-
Mandatory for ATM / E- banking
trans.
Optional for other normal trans.
7 Value Date (Dr) M √ √ -
-
-
-
B Debit information -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Biller Name (Company Name) e.g. STC. SEC. Mobily, MOl-Traffic violation, MOI-Driving License, MOI-Motor Vehicle. MOI-Saudi Passport etc. M √ -
-
-
4 Bill # or Biller Subscription Number (in case of STC. SEC etc)
/ Beneficiary ID Number (in case of MOI)
M √ -
-
-
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
DIRECT DEBIT PAYMENT -(11)
SN Criteria for information *M/
0
*A *E Teller input Language^ *NR - *NA- Remarks A initiating Delivery Channei 1 Delivery Channei Name (Bank & Branch / Dept name where transaction is processed) M √ √ -
-
-
-
2 Delivery Channei Location (Name of City where branch / dept is located) 0 √ √ -
-
-
-
3 Trans Ref # (unique reference number generated by system) + U77 # for SAR/E trans. M √ √ -
-
-
UTI # for SARIE trans. 4 Trans Type (Direct Debit Payment) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - * * B Debit information - - - - 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2 nd Phase 4 Beneficiary Name (Originator Name) M - - √ - - - 5 Beneficiary Bank (Sponsoring Bank Name) M - - √ - - - 6 Direct Debit Mandate Number M * - √ - - - *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
BUYING FOREIGN CURRENCY (BANK NOTES)- (12)
SN Criteria for information *M /0 *A -*E Teller input Language *NR
*NA Remarks A initiating Delivery Channei 1 Delivery Channei Name (Bank & Branch Name where transaction is processed) M √ √ - - - - 2 Delivery Channei Location (Name of City where branch is located) 0 √ √ - - - - 3 Trans Ref # (Unique reference number generated by system) M √ √ - - - - 4 Trans Type (Selling Foreign Currency) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated 0 √ √ - - - - 8 Value Date (Cr) M √ √ - - - - C Credit information 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Currency Bought from customer M - - √ - - USD, EUR, AED + Amount *M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
SELLING FOREIGN CURRENCY (BANK NOTES-(13)
Criteria tor information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name ( Bank & Branch Name where trans is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City where branch is located) 0 √ √ - - - - 3 Trans Ref # (unique reference number generated by system) M √ √ - - - - 4 Trans Type (Buying Foreign Currency) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans Initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - B: Debit information: .. - - - - 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - § Exchange Rate Applied Must be applied in 2nd Phase 4 Charges - - - - - - - 5 Commission M √ √ - - - - 6 Currency Soid M - - √ - - USD, EUR, AED + Amount CREDIT CARD SETTLEMENT - TRANS - (14)
SN Criteria for information *M /O. *A :*E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name (Bank &
Branch / Dept where transaction is settled)
M √ √ - - - - 2 Delivery Channel Location (Name of
City where branch / dept is located)
0 √ √ - - - - 3 Trans Ref # (unique reference number generated by system) M √ √ - - - - 4 Trans Type: (Credit Card Settlement) M √ √ - - - - 5 Date Trans Initiated M √ √ - - - - 6 Time Trans initiated (Mandatory for ATM / E-banking transactions. Optional for other normal trans.) 0 √ √ - - - Mandatory for ATM / E- banking trans. 7 Value Date (Dr) M √ √ - - - - 8 Value Date (Cr) - - * - - - - B Debit information (To debit customer's sight deposit a/c) Settlement of Credit Card balance outstanding in VCL (Visa Credit Limit) Account at the beginning or month end as per arrangements with the customer. 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Beneficiary (Credit Card ) Account Number credited M - - √ - - - *M- Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
POS TRANS-ATM/VISA-(15)
SN Criteria for information
*M/
0 ;
*A' *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name (POS Number +
POS Bank Name + Retailer Name where transaction is processed)
M √ √ - - - 2 Delivery Channel Location (Name of City where POS device is located) M √ √ - - - 3 Trans Ref # ( SARRAF / VISA # + Bank Name) M √ √ - - - 4 Trans Type (POS / VISA Purchase transaction) M √ √ - - - 5 Date Trans initiated M √ √ - - - 6 Time Trans initiated (Mandatory for ATM / E-banking trans. Optionalfor other normal trans) M √ √ - - - Mandatory for ATM / E- banking
trans.
7 Value Date (Dr) - - - - √ - - 8 Value Date (Cr) - - - - √ - - B Debit information 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied _Must be applied in 2nd
Phase
4 Charges M √ √ - - - VISA- Purchase / Cash
withdrawal
*M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
IPO - SUBSCRIPTION - (16)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank + Branch Name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City where branch is located) 0 √ √ - - - - 3 Trans Ref # (generated by system) M √ √ - - - - 4 Trans Type (IPO - Subscription ) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated (Mandatory for ATM/ E-banking transaction. Optional for other normal trans.) 0 √ √ - - - Mandatory for ATM / E- banking
trans.
7 Value Date (Dr) M √ √ - - - - B Debit information 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase' 4 IPO Application Number M - - √ - - - 5 Company Name M * * √ - - - *M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
STANDING ORDERS - (17)
SN Criteria for information *M/ *A
w
*E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept Name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City of Branch where transaction is processed) 0 √ √ - - - - 3 Trans Ref # (Trans Reference # generated by system) + UT) #for SARIE trans. M √ √ UTI# for SARIE trans. 4 Trans Type (Standing Order) M √ √ - - - - 5 Date Trans Initiated M √ √ - - - - 6 Time Trans Initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - B Debit information - - - - 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied M √ √ Must be applied in 2nd Phase.' 4 Charges M √ √ - - - - 5 Commission (standing order) M √ √ - - - - 6 Beneficiary Name M - - √ - - - 7 Beneficiary Bank Name M - - √ - - - 8 Details of Trans (Standing Order Type & Ref#) M - - √ - - - CHARGES / FEES - TRANSACTIONS - (18)
SN Criteria tor information ^*M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code (Bank & Branch / Dept Name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City of Branch where transaction is processed) 0 √ √ - - - - 3 Trans Ref # ( Trans Reference # generated by system) M √ √ - - - - 4 Trans Type (Charges / Fees ) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans Initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - B Debit information 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase 4 Details of Trans (Details of Charges / Fees) M √ - - - *M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
TERM DEPOSIT- (19)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name (Bank & Branch / Dept Name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City of Branch / Dept) 0 √ √ - - - - 3 Trans Ref # ( Deal Number) M √ √ - - - - 4 Trans Type ( Term Deposit) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - 8 Value Date (Cr) M √ √ - - - - B Debit information Funds are placed in Term Deposit and TD Confirmation is issued to the customer 1 Amount M '√ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase C Credit information At maturity principal + interest are credited as per details mentioned in the Term Deposit Confirmation sent to customer 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate applied Must be applied in 2nd Phase *M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
TERM LOAN TRANS. - (20)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA , Remarks A initiating Delivery Channel - - - - 1 Delivery Channel Name / Code (Bank & Branch / Dept Name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City of Branch / Dept) 0 √ √ - - - - 3 Trans Ref # ( Deal Number) M √ √ - - - - 4 Trans Type (Term Loan) M √ √ - - - - 5 Date Trans Initiated M √ √ - - - - 6 Time Trans Initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - 8 Value Date (Cr) M √ √ - - - - B Debit information ( Payment of loan
Installment)
Schedule of payment - as per agreement signed with the customer
1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase C Credit : information (Loan
Reimbursement)
Loan confirmation mentioning details of loan is sent to the customer 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied * Must be applied in 2nd Phase *M= Mandatory, O=Optional A= Arabic, E= English, NR= Not Required, NA= Not Applicable
MURABHA DEPOSIT - (21)
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channels 1 Delivery Channel Name (Bank & Branch / Dept Name where Murabha deposit is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City where the branch / dept is located) 0 √ √ - - - - 3 Trans Ref # ( Deal Number) M √ √ - - - - 4 Trans Type ( Murabha Deposit) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans Initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - 8 Value Date (Cr) M √ √ - - - - B Debit information (Payment). Murabha investment Confirmation giving details of investment is sent to the customer
1 Amount M √ √ - - √ - 2 Currency M √ √ - - √ - 3 Exchange Rate Applied √ Must be applied in 2nd Phase; C Credit information (at payment date) Sale price includes purchase amount + profit as mentioned in the Murabha investment confirmation is credited. 1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be applied in 2nd Phase; TAWAROQ FINANCE (22)
SN Criteria for information *M/O *A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel - - - - 1 Delivery Channel Name (Bank & Branch / Dept name where transaction is processed) M √ √ - - - - 2 Delivery Channel Location (Name of City where the Branch / Dept is located) 0 √ √ - - - - 3 Trans Ref # ( Tawaroq Deal #) M √ √ - - - - 4 Trans Type (Tawaroq Finance) M √ √ - - - - 5 Date Trans initiated M √ √ - - - - 6 Time Trans initiated 0 √ √ - - - - 7 Value Date (Dr) M √ √ - - - - 8 Value Date (Cr) M √ √ - - - - B Debit information ( Payment of installment) Tawaroq Finance Confirmation sent to the customer contains deal #+commodity purchase and sale details.
1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be
applied in
2nd Phased
C Credit Information (Tawaroq ;. Reimbursement) Tawaroq Confirmation sent to the customer contains deal #+ commodity purchase and sale detail is.
1 Amount M √ √ - - - - 2 Currency M √ √ - - - - 3 Exchange Rate Applied Must be
applied in
2nd Phase.
Attachment 3: Generic Model Defining Mandatory and/or Optional Criteria and Fields Used in Types of Transactions That Need to Be Addressed in Customer Current Accounts
SN Criteria for information *M/
0
*A *E Teller input Language *NR *NA Remarks A initiating Delivery Channel 1 Delivery Channel Name / Code M √ √ Name of the Sank, Branch, ATM, POS etc with or without city name where transaction has been initiated 2 Delivery Channel Location (City) 0 √ √ Optional if city is already mentioned with Delivery Channel Name, otherwise it is mandatory 3 Trans Ref # + UT) # for SARIE Trans. M √ √ -
-
-
UTI # for SARIE Trans 4 Trans Type M √ √ -
-
-
-
5 Date Trans initiated M √ √ -
-
-
-
6 Time Trans initiated ( Mandatory for ATM / E-banking transactions. Optional for other normal trans) M/O √ √ -
-
-
Mandatory for ATM / E- banking
Trans
7 Value Date (Dr) M √ √ -
-
-
-
8 Value Date (Credit) M √ √ -
-
-
-
B Debit information -
-
-
-
1 Amount M √ √ -
-
-
-
2 Currency M √ √ -
-
-
-
3 Exchange Rate Applied * * * Must be applied in 2nd Phase 4 Charges Applied M √ √ -
-
-
-
5 Commission Applied M √ √ -
-
-
-
6 Cashier Order Number 0 √ √ -
-
-
-
7 Demand Draft Number 0 √ √ -
-
-
-
8 Check Number M √ √ -
-
-
-
9 Beneficiary Name M - √ -
-
-
10 Beneficiary Bank Name / Code 0 - √ -
-
-
11 Beneficiary Account Number NR - - -
-
-
12 Beneficiary's ID # NR - - NR 13 Beneficiary's Tele / Cell # NR - - NR 14 Biller Name M - √ -
-
-
15 Bitter Subscription Number / IPO Subscription Application Number/
Beneficiary ID # (MOI)
√ 16 Purpose / Details of Trans / Standing Order Type & Ref# 0 - - √ - - Mandatory for SO, Dividend / Payroll / Charges, Fees, 17 Direct Debit Mandate Number M - - √ - - - 18 Originator Name M - - - √ - - - 19 Deposit Duration NR - - - NR - - 20 Deposit Expiry NR - - - NR * * SN Criteria for information *M/
0
%*A *E Teller input Language *NR -*NA,. Remarks C Credit information 1 Amount M - * - 2 Currency M - * * 3 Exchange Rate Applied Must be Applied in2nd Phase 4 Remitting Bank Name / Code 0 - - * 5 Remitter's Name M - - √ 6 Purpose / Details of Payment / Sources of Funds Deposited. 0 - - √ Mandatory if pertains to Payroll, Dividend, incoming Transfer 7 Drawer Bank (Drawn on Bank) Name M - - √ - - - 8 Depositor Name M - - √ - - - 9 Depositor iD # NR - - - NR 10 Depositor Tele/Cell# NR - - - NR 11 Check Number M √ √ - - - - 12 incoming Transfer # M - √ - - - *M= Mandatory, O=Optional, A= Arabic, E= English, NR= Not Required, NA= Not Applicable
Attachment 4: Generic Model Defining Narratives of Account Statements and Classification of Transactions
DATA ITEMS BY PROVISION OF SERVICE, DEBIT INFORMATION AND CREDIT INFORMATION
A - initiating Delivery Channel Description 1 Delivery Channel Name / Code Name of the Bank, Branch, ATM, POS etc where the transaction is Initiated 2
Delivery Channel Location (City) Name of the city where the initiating Bank, Branch, ATM, POS etc is located 3 Trans Ref# Transaction Reference Number generated by the system 4 Trans Type Name of the Transaction Type / Event processed e g. Cash Deposit, Outgoing Transfer, incoming Transfer, Cash Withdrawal etc 5 Date Trans initiated Date of processing of transaction 6 Time Trans initiated Time of processing of transaction 7 Value Date (Dr) Debit Value date to update available balance 8 Value Date (Credit) Credit Value date to update available balance B Debit information
Description
1 Amount Amount debited to customer's account 2 Currency Currency of amount debited to customer's account 3 Exchange Rate Applied Exchange Rate applied if the currency of transfer is different than the account currency 4 Charges Applied Charges, if any, debited to customer's a/c 5 Commission Applied Commission, if any, debited to customer's a/c 6 Cashier Order Number Number of Cashier Order issued to the customer 7 Demand Draft Number Number of Demand Draft issued to the customer 8 Check Number Number of Check debited to customer's account 9 Beneficiary Bane Name of the beneficiary customer who will receive payment 10 Beneficiary Bank Name Name of the bank where beneficiary maintains account 11 Beneficiary Account Number Beneficiary's Account number where the funds will be credited 12 Beneficiary's ID # ID # of the Beneficiary in whose favour the funds have been remitted 13 Beneficiary's Tele / Cell # Tele / Mobile # of the beneficiary customer 14 Biller Name Billing Company's Name e.g. STC, SEC, MO) etc 15 Biller Subscription Number/ IPO Subscription Application
Number
User subscription number (STC, SEC) / Beneficiary ID # (MO)) / IPO Subscription Application number 16 Purpose / Details Mandate Number Payment Reference / Standing Order / Payroll / Dividend + Period 17 Direct Debit Mandate Number Direct Debit Mandate signed by the remitting customer 18
Originator Name Name of the originator (beneficiary) who wit) receive funds in his account 19 Deposit Duration Period for which the deposit is placed with the bank. 20 Deposit Expiry Date of expiry of deposit placed with the bank .
ATTACHMENT 4
GENRIC MODEL DEFINING NARRATIVES OF ACCOUNT STATEMENTS AND CLASSIFICATION OF TRANSACTUIONS DATA ITEMS BY PROVISION OF SERVICE, DEBIT INFORMATION AND CREDIT INFORMATION
C Credit Information Description 1 Amount Amount credited to customer's account 2 Currency Currency of amount credited to customer's account 3 Exchange Rate Applied Exchange rate applied, if the currency of transfer is different than the account currency 4 Remitting Bank Name Name of the Bank who has remitted the amount 5 Remitter's Name Name of the person who has remitted funds 6 Purpose / Details of Payment / Source of Funds Deposited Reference of payment / sources of funds deposited / Standing Order / Payroll / Dividend + Period 7 Drawer Bank (Drawn on
Bank) Name
Name of the Bank on which the check is issued for payment 8 Depositor Name Name of the person who has deposited cash / check 9 Depositor ID # ID number of the person who has deposited cash / check 10 Depositor Tele / Cell # Telephone / Cell) number of the person who has deposited cash / check 11 Check Number Check number credited to customer's account 12 incoming Transfer # incoming transfer reference number credited to beneficiary's customer's a/c Attachment 5: Confirmation Requirements that Must Be Listed in Attachments I, 2, 3 and 4 and Comply with Them
- Application of the same standards for publishing information in account statements by all banks.
- Taking into consideration corporate requirements in bank statements, which may vary from individuals' requirements.
- SARIE transactions must contain UTI (Unique Transaction Identifier)
- Maintaining two calendars (Hijri & Gregorian) in account statements.
- Time stamping for ATM and E-banking transactions is mandatory.
- Determining explicitly all charges applied for all transactions.
- Inclusion of a descriptive dictionary for abbreviations on the back of the account statement. Also, explaining the customer rights and any names for legal articles and regulations, including tariffs and how they or their interests are calculated, such as credit cards services.
- The electronic account statement must be identical to the official account statement sent by mail.
- Explaining to the customer any annual or periodical charges discounted from the customer's account.
- Meeting the customer's preference of language.
Emphasis on Local Branches to Provide Customers with their full Account Numbers and Names Upon Request
Follow-up Circular - Customer Data Update
Inclusion of Banks' Investments in Local Development Bonds as a Component of Liquid Assets
Reference our circular No. BC/120 dated 29-5-1404, regarding bank liquid reserves and components under article (7) of the Banking Control Law,
We wish to advise you that you can now list investments in local government bonds as a component of liquid assets for the purpose of calculating your liquid reserves, provided for in item (2) of article (7) which is presently fixed at 20% of deposits. Please take into consideration that the figure appearing in item 19-1 is the net government bonds kept by the bank for its own account, excluding bonds sold to bank clients or redeemed by SAMA. You are required to provide us with the attached analytical statement as one of the attachments of your financial position.
In view of the issuance by the Government of the Kingdom of Saudi Arabia of U.S. dollar-denominated Sukuk bonds as part of the fiscal policy and as this type provides the investment option as high-quality liquid assets for banks, the Central Bank has decided to include this financial instrument to calculate the liquidity ratio stipulated in the above-mentioned paragraph of the Banking Control Law. These bonds and sukuk are not included among the financial instruments supporting repurchase operations (Repo-Eligible) *.
Please be informed and act accordingly.
* This paragraph has been added in accordance with SAMA's Circular No. 391000002306, dated 8/1/1439.
Prohibiting Seizure of Funds Deposited by Charities Into Bank Accounts Seized Under Court Orders
Please refer to circular No. (43043372), dated 15/05/1443H, Corresponding To 19/12/2021G for the list of Amounts Excluded from Seizure.Domestic Systemically Important Banks (D-SIBs) 2024
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .Domestic Systemically Important Banks (D-SIBs) 2023
To read the last updated list of Domestic Systemically Important Bank (D-SIBs), click here .Information Security
Cyber Security Framework- Maturity Level 4 Requirements
Further to Sama's instructions issued by Circular No. 381000091275 dated 28/8/1438 H regarding the Cyber Security Framework and Maturity Level 3.
We inform you that based on Sama's powers to enhance cybersecurity in the financial sector and raise the level of maturity to face cyber challenges and manage them in a professional and advanced manner, it has been decided for banks the following:
1- Develop a Roadmap to achieve all the requirements of Maturity Level 4 by the end of the third quarter of 2020G, for all the requirements of the following subdomains in the Information Security Organizational Guide:
3.3.14 -Cyber Security Event Management 3.3.15 -Cyber Security Incident Management 3.3.16 -Threat Management 3.3.17 -Vulnerability Management 2- Providing the necessary support to the Information Security Management, supplying them with qualified national personnel, technical tools, and appropriate training to perform their role to the fullest extent. 3- Present the business plan (Roadmap) as mentioned in paragraphs (1) and (2) to the Board of Directors and obtain approval for the plan and the necessary support. 4- Provide SAMA (Financial Sector IT Risk Supervision Department) with the following:
a- Board-approved plan by the end of the first quarter of 2019G.
b- Quarterly reports starting from the end of the second quarter of 2019G, showing the stages of fulfillment of SAMA's requirements in this regard until they are completed. c- A detailed annual report by the bank's internal audit department indicating the extent of compliance with the requirements of the Regulatory Guide compared to the required maturity level, according to the tool to be determined by SAMA.
كما سيقوم البنك المركزي بزيارات ميدانية للتحقق من الالتزام بهذه التعليمات.
Follow Reformed Procedures Protection Systems & Information Security
Referring to SAMA Circular No. 53331/B C/25514 dated 9/12/1433 H regarding the directive for banks operating in the Kingdom to evaluate their security systems and information security, as well as business continuity plans by contracting with specialized international companies in the field of information security. Banks are required to prepare a detailed report on the observations and proposed recommendations for addressing them, and to provide SAMA with a copy of this report.
Given the importance of addressing all observations mentioned in the aforementioned report in accordance with the regulations and instructions issued by SAMA and best international practices, we hope to form an internal committee of specialists within the bank to monitor the implementation of the corrective actions outlined in the report. This committee should prepare a quarterly follow-up report on the progress of the corrective plan and provide copies of this report to the Board of Directors and SAMA (Banking Supervision Department) starting from the first quarter of the current year 2014.
Information Security Strategy for the Banking Sector
Foreword
We live in a digital society with high expectations of flawless customer experience, continuous availability of services and effective protection of sensitive data. Information and online services are now strategically important to all public and private organizations, as well as to the broader society.
Recent cyber incidents globally and regionally have indicated that the number, impact and sophistication of cyber-attacks have increased steadily. It is worth noting that the malicious use of technology could have cross border implications, thereby disrupting both the national and international financial stability.
The Saudi Central Bank* is proud to announce the Cyber Security Strategy to drive continuous improvement of cyber security and to ensure that the Saudi banking sector is well prepared in the five cyber security domains, namely: identification, protection, detection, response and recovery.
The strategy recognizes the rate at which the cyber threats are evolving, as well as the changing technology and business landscape. This places a premium on agility and flexibility in cyber security, underpinned by comprehensive intelligence on cyber threats and effective collaboration between SAMA and other member organization.
We strongly believe that the Cyber Security Strategy will set the sector on strong foundations to address present and future threats.
Ahmed Al Sheikh
Deputy Governor for Supervision
* The Saudi Arabian Monetary Agency was replaced By the name of Saudi Central Bank in accordance with The Saudi Central Bank Law No. (M/36), dated 11/04/1442H, corresponding in 26/11/2020G.
1 The Importance of Cyber Security
1.1 The Rationale for Cyber Security
Public cyber incident disclosures over the past few years have indicated that the number, impact and sophistication of cyber-attacks have increased steadily. This trend is especially true within the global banking sector and the Kingdom of Saudi Arabia. At the same time, as mentioned in the foreword, banking customers have ever increasing expectations for service availability, privacy, usability — expectations that can only be met via information technology and its continual innovation. This innovation often results in new business models that increase reliance on third parties and external resources, complicating governance and supply chains. As a result of these trends, the Saudi Arabian banking sector ("the Sector") must improve cyber security throughout its ecosystem to counter malicious threats while also delivering on its promise to provide safe and efficient transaction services to its customers. The strategy contained in this document has been developed to achieve these objectives in a structured way, based on international best practices.
1.2 Challenges and Threat Landscape
Today's threat landscape is diverse and advanced. Threat actors, ranging from individual hackers and insiders to organised groups, exploit sophisticated attacks. Their goals are diverse from espionage, financial gain to online (h)activism. The most significant cyber security threats and challenges to the Saudi banking sector which have been considered when developing the strategy ("the Strategy") are summarised below:
2. The Cyber Security Strategy Highlights
Cyber security is defined as the collection of tools, policies, security concepts, security safeguards, guidelines, risk management approaches, actions, training, best practices, assurance, and technologies that can be used to protect the member organization's information assets against internal and external threats.
2.1 Mission, Vision, Objectives and Governing Rules
The table below illustrates the mission, vision, objectives and governing rules for cyber security within the Saudi banking sector.
2.2 Scope
In order to fulfil the mission, SAMA has collaborated with the Banking Committee for Information Security (BCIS) to develop this Strategy, which is applicable to the whole Saudi banking sector, including:
- the Saudi Central Bank* ;
- all organizations affiliated with SAMA ("the Member Organizations");
- all banks operating in Saudi Arabia;
- all banking subsidiaries of Saudi banks situated within Saudi Arabia or abroad;
- subsidiaries of foreign banks situated in Saudi Arabia.
The "Saudi Arabian Monetary Agency" was replaced By the "Saudi Central Bank" in accordance with The Saudi Central Bank Law No. (M/36), dated 11/04/1442H, corresponding in 26/11/2020G.
2.3 Governance
A robust governance structure will be put in place to direct, monitor and evaluate efforts related to the execution of Strategy. The governance structure will ensure that all parties involved are fully aware of their roles and responsibilities in the execution and the maintenance of the Strategy.
The parties involved and their role and responsibilities are summarized below:
2.4 Principles for Implementation
The implementation of the Strategy will be through a comprehensive set of strategic streams which together achieve the objectives of the Strategy.
A 5-year roadmap will set out how the strategic streams will be taken forward but will also recognize the need for the Strategy to be periodically evaluated under the governance of SAMA. Where necessary, the Strategy will be refined and new initiatives are to be defined if required.
The challenge of building a trustworthy, resilient and secure Saudi banking sector requires an integrated and collaborative approach in a number of domains:
- State of the art capabilities in identification, protection, detection, response and recovery.
- An organizational culture that promotes safe and appropriate use of information and online services among stakeholders.
- A deep understanding of dependencies on national critical infrastructure and online services, and seamless cooperation with national authorities to reduce the cyber security risks.
A successful cyber security strategy is founded on collaboration. All parties involved must join forces by contributing to effective community intelligence sharing and collectively coordinating responses to emerging cyber threats and attacks across the Saudi banking sector.
The implementation of the Strategy will be governed by the following rules when scoping, approving and taking forward the strategic streams and initiatives: GOVERNING
GOVERNING
RULES
- Defining leadership and responsibilities.
- Adopting a risk-based approach.
- Implementing a defense in depth approach.
- Investing in and utilizing national talents and skills.
- Aligning with national and international initiatives.
- Collaborating with partners.
2.4.1 Shared Responsibilities
The execution of the Strategy is a shared effort between SAMA and Member Organizations. The implementation will be overseen by a Program Board comprising SAMA and representative members of BCIS when delegated. Individual Project Teams will be constituted by the Program Board to take forward execution of strategic streams assigned by the Program Board. Each Project Team will include representatives of the Saudi banking sector and other relevant stakeholders, with SAMA coordinating liaison with relevant government agencies.
The Member Organizations, through BCIS, will act as an Advisory Board for the Program Board, and through the Program Board individual Project Teams.
The figure below illustrates the proposed program structure for implementing the Strategy:
2.4.2 Management Commitment and Funding
Shared responsibility implies that the boards of Member Organizations must commit to the strategic directions and timelines within this Strategy, while also being prepared to commit the required resources and funding.
2.4.3 Integrated Planning
Effective initiation, definition, approval and implementation of strategic streams depends on careful prioritization and planning to ensure availability of the required resources and achievement of realistic timescales. This process will ensure engagement with relevant stakeholders within and outside the Saudi banking sector, while also avoiding duplication and overlap between strategic streams. The Program Board will ensure that integrated planning is aligned with, and agreed by, relevant stakeholders.
2.4.4 Monitor Progress and Improvements
Effective monitoring of the execution of the Strategy, and associated strategic streams, is vital to successful achievement of the objectives and necessary improvements in cyber security. To achieve this, the Program Board will implement a performance management which will embrace:
- The execution of the strategic streams and the underlying initiatives (i.e. during the initiation, definition, approval and implementation phases).
- The adoption of the agreed directions or solutions by the Member Organizations.
Project initiation plans will be prepared for all strategic streams defining the scope, objectives, proposed approach, stakeholder engagement, dependency management, resourcing assumptions, risks and mitigation.
The progress of each strategic stream, and underlying initiatives, will be measured against key performance indicators (KPIs), such as:
- Progress against defined milestones and scope.
- Resources consumed (e.g. spend to date, level of effort).
- Quality of deliverables.
- Project management risks.
- Level of adoption by Member Organizations.
2.5 Maintaining and Evaluating the Cyber Security Strategy
The Strategy will be maintained and periodically evaluated by SAMA to ensure continuous improvement, including its continued relevance to emerging cyber security threats and risks. If applicable, SAMA will update the Strategy based on the outcome of the evaluation, this may include adjustments to existing strategic streams and initiatives, or the creation of new strategic streams and initiatives.
3 The Cyber Security Strategic Objectives, Streams and Initiatives
3.1 Objective 1: Proactively Protect Saudi Banking Sector Critical Information Assets
In order to achieve a stable and resilient Saudi banking sector, SAMA and the Member Organizations will identify and protect critical information assets. This should include but not be limited to:
- The identification of critical Saudi banking sector information assets supporting the delivery of essential services and capabilities.
- The analysis of key interdependencies with other sectors.
- The adoption of appropriate cyber security controls.
This will be supported by the creation of a strategic threat and capability analysis to collect and analyze the strategic and emerging cyber security threats and vulnerabilities, allowing the determination of potential attack scenarios and patterns, and forming the basis for identifying necessary enhancements in cyber security controls.
To build a sector-wide view of strategic cyber security risks to the Banking Sector, a periodic banking sector-wide strategic Cyber security risk assessment will be conducted. This will support the development of a banking sector-wide cyber action plans to address possible strategic and emerging cyber security risks.
The strategic streams for objective 1 are shown below:
3.1.1 Critical Information Assets
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
Identify the Saudi Banking sector critical information assets. Perform a cyber security risk assessment for the identified critical information assets to address the cyber security risks within the Saudi banking sector. Select appropriate cyber security controls and develop cyber security standards. Establish and implement a continuous monitoring capability to ensure compliance with the developed cyber security standards. For the identified critical information assets under the authority of SAMA: Perform a gap analysis to determine their compliance with cyber security standards; Implement the required cyber security controls in order to comply with cyber security standards. For identified systems at the Member Organizations which are connected to the identified critical information assets: Perform a gap analysis to determine their compliance with cyber security standards; Implement the required cyber security controls in order to comply with cyber security standards. Determine the interdependencies of the identified Saudi banking sector critical information assets with other sectors (national and international), as an input into objective 4 'Understand and Manage the Interdependencies (section 3.4). 3.1.2 Strategic Cyber Threat and Attack Scenarios
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective approach to periodically determine the Saudi banking sector-wide strategic threats, vulnerabilities and interdependencies.
- Determine the Saudi banking sector-wide strategic threats, vulnerabilities and interdependencies and translate these into strategic threat and attack scenarios.
- Incorporate the strategic threat and attack scenarios into the threat and vulnerability management processes of the Member Organizations. These scenarios will also be used as an input into strategic stream 3.1.3 'Strategic Risk Assessment'.
3.1.3 Strategic Cyber security risk assessment
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective strategic cyber security risk assessment approach and framework to periodically determine the Saudi banking sector-wide strategic cyber security risks.
- Perform a periodic strategic cyber security risk assessment to identify Saudi banking sector-wide strategic cyber security risks.
- Develop and execute a Banking Sector-wide treatment plan to address the strategic cyber security risks.
- Establish a cyber security risk and control repository capability.
3.2 Objective 2: Detect, Respond to and Recover from Cyber Security Incidents
Situational awareness is necessary to effectively detect, respond to and recover from cyber security incidents. The creation of a Banking Cyber Security Centre (BCSC) will provide a focus for the necessary monitoring and detection capabilities. The BCSC will also support mutual and immediate sharing of detected suspicious events between the BCSC and Member Organizations.
A Saudi Banking sector threat intelligence capability will also be established, providing a platform for intelligence sharing between Member Organizations. This platform will also be used to aggregate and share common threat intelligence from preferred threat intelligence providers. Threat intelligence sharing is essential to maintain a proactive posture to counter emerging cyber security threats.
To ensure an effective response to a major cyber security incident, it is vital that all relevant parties know what to do and have a clear understanding of their roles and responsibilities. This will be achieved through the creation of a Saudi banking sector-wide cyber security incident management process. These processes will be rehearsed periodically to ensure that all relevant stakeholders are familiar with the agreed incident management procedures, as well as contributing to the training of relevant staff. The lessons from exercises and incidents will be used to continuously improve the incident management process. In addition, a Saudi banking sector-wide cyber security crisis management process will be established. The cyber security crisis management process will ensure that response and communication procedures within and beyond the Saudi banking sector-wide are in place to deal with a serious incident. These processes will also be periodically exercised.
The strategic streams for objective 2 are shown below:
3.2.1 Cyber Security Monitoring and Detection
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide cyber security monitoring and detection capability (i.e. BCSC), including people, processes and technology.
- Establish an effective Saudi banking sector-wide capability for Member Organizations to connect to the BCSC, including people, processes and technology, for sharing analysis' of suspicious events, rulesets and use cases.
3.2.2 Cyber Threat intelligence Sharing
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide shared cyber threat intelligence capability, including people, processes and technology.
- Establish an effective Saudi banking sector-wide capability for Member Organizations to connect to the shared cyber threat intelligence capability, including people, processes and technology, for sharing cyber threat intelligence.
3.2.3 Cyber Security Incident Management
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide cyber security incident management process, including supporting incident response procedures and forensic process.
- Identify incident response capabilities that are required to support the defined cyber security incident management process.
- Implement required capabilities, either by arranging this internally (within the Saudi banking sector) or by formalizing joint service agreements with third parties to ensure on-demand availability of the required capabilities.
- Periodically rehearse the Saudi banking sector-wide incident response procedures.
- Establish a cyber security incident repository capability.
3.2.4 Cyber Security Crisis Management
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective cyber security crisis management process, including supporting procedures.
- Conduct Saudi banking sector-wide cyber security crisis management exercises.
3.3 Objective 3: Foster a Cyber Security Culture
Cyber security is not only about technology. The effectiveness of technological measures largely depends on a security culture in which all stakeholders are sufficiently aware of cyber security risks. Awareness and the proper attitude in organizations are vital to foster a cyber security culture.
Raising awareness and investing in education are effective ways to improve the cyber security culture. Therefore, a Saudi banking sector-wide education program and awareness campaign will be developed and delivered.
SAMA has the ambition to be at the forefront of building and maintaining a skilled cyber security workforce. It is recognized that it will be difficult to create and maintain a sufficient national cadre of skilled cyber security professionals. Therefore, a Saudi banking sector-wide cyber security training and talent management program will be developed and implemented to ensure the development of such a national cadre.
In addition, a code of practice will be developed which ensures that contracting processes preserve and build cyber security knowledge within the Saudi banking sector by ensuring appropriate knowledge transfer from contractors or consultants.
The strategic streams for objective 3 are shown below:
3.3.1 Education and Awareness
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide education program and awareness campaign on cyber security.
- Contribute to broader cyber security awareness through education institutions and community action.
- Formalize joint service agreements with third parties to provide education programs and awareness campaign services.
3.3.2 National Training Capabilities and Talent Management
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide training program on cyber security skills for relevant cyber security professionals.
- Formalize joint service agreements with third parties to provide such training courses.
- Develop a Saudi banking sector-wide code of practice on the retention and talent development of cyber security professionals.
- Engage with colleges and universities to develop and implement cyber security curricula and educational programs at the graduate and post-graduate levels.
- Establish a periodic award for the best cyber security research or thesis relevant for the Saudi banking sector.
- Establish a periodic award for best cyber security professional within the Saudi banking sector.
3.3.3 Contracting Cyber Security Services
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Develop a Saudi banking sector-wide code of practice specifying requirements for knowledge transfer in cyber security service contracts.
3.4 Objective 4: Understand and Manage Interdependencies
The interconnected and distributed nature of the internet allows malicious actors to cross national and international boundaries. To counter cyber security threats, the Saudi banking sector must have an effective approach to national and international collaboration.
Engagement strategies and relationships will be developed and maintained with key national authorities and international organizations to promote cyber security information (e.g., threat intelligence) sharing, enable cyber security investigations and support cyber security operations.
The strategic streams for objective 4 are shown below:
3.4.1 National Interdependencies
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Develop and establish a national relationship management process to promote cyber security information sharing, enable cyber security investigations, and support cyber security operations.
- Engage periodically with national authorities to identify and address cyber security threats and coordinate actions to improve cyber security on a national level.
3.4.2 International Interdependencies
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Develop and establish an international relationship management process to promote cyber security information sharing, enable cyber security investigations, and support cyber security operations.
- Engage periodically with international organizations to identify and address cyber security threats and coordinate actions to improve cyber security on a national and international level.
3.5 Objective 5: Maintain an Adaptive Cyber Security Framework
Objectives 1-4 will be underpinned by the creation of a cyber security framework which will provide the basis for effectively protecting information assets throughout the Saudi banking sector.
The framework will be mandated by SAMA and will be applicable to all Member Organizations, it will be based on national and international good practice. It will be kept under continuous review in the light of emerging cyber threats and developments.
An implementation approach and process for periodic self-assessments will be established to direct, monitor progress and evaluate the adoption of the cyber security framework by the Member Organizations.
The strategic streams for objective 5 are shown below:
3.5.1 Cyber Security Framework
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Establish an effective Saudi banking sector-wide cyber security framework, detailing cyber security objectives, controls and compliance measures based on national and international good practices.
- Establish an effective and adaptive governance framework and implementation approach to direct, monitor and evaluate the adoption of, and compliance with the cyber security framework.
- Adopt the cyber security framework, governance structure and implementation approach, including performing periodic self-assessments and demonstrating the level of compliance.
- Maintain and continuously improve the cyber security framework based on changes in regulations, technologies, emerging cyber security threats and newly released national and international good practices.
3.5.2 Periodic Self-Assessments and Reviews
This strategic stream should include the following initiatives but should not be limited to these initiatives if required:
- Mandate the governance framework and implementation approach to direct, monitor the progress and evaluate the adoption of, and compliance with, the cyber security framework across the Saudi banking sector (including ambition and anticipated implementation timelines).
- SAMA, or (appointed) third party, undertakes periodic reviews at Member Organizations and challenges the self-assessments and level of compliance with the cyber security framework.
- SAMA, or (appointed) third party, undertakes thematic reviews and assessments periodically on cyber security controls at Member Organizations.
Appendices
Appendix A - Glossary
Term
Description Availability
Ensuring timely and reliable access to and use of information. (NIST IR 7298 Glossary of Key information Security Terms) Code of practice
Document that recommends practices or procedures for the design, implementation, maintenance or utilization of documents, structures or products. (NIST IR 89-4194) Confidentiality
Preserving authorized restrictions on information access and disclosure, including means for protecting personal privacy and proprietary information. (NIST IR 7298 Glossary of Key Information Security Terms) Cyber security
Cyber security is defined as the collection of tools, policies, security concepts, security safeguards, guidelines, risk management approaches, actions, training, best practice assurance, and technologies that can be used to protect the member organization's information assets against internal and external threats. Cyber security awareness
Activities which seek to focus an individual's attention on a cyber security issues. (NIST IR 7298 Glossary of Key Information Security Terms) Cyber security awareness program
A program that explains proper rules of behavior for the safe and secure use of IT System and information. The program communicates cyber security policies and procedures that need to be followed. Cyber security control
The management, operational, and technical controls (i.e., safeguards or countermeasures) prescribed for an information system to protect the Confidentiality, integrity, and availability of the system and its information.(NIST IR 7298 Glossary of Key Information Security Terms) Cyber security framework
Document detailing cyber security objectives, controls and compliance measures based on national and international good practices. Cyber security governance
A set of responsibilities and practices exercised by the board and executive management with the goal of providing strategic direction for cyber security, ensuring that cyber security objectives are achieved, ascertaining that information risks Are managed appropriately and verifying that the enterprise's resources are used responsibly. Cyber Security incident
An occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system process, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. Cyber security incident management
The monitoring and detection of security events on an information systems and the execution of proper responses to those events. Cyber security program
Top-down management structure and mechanism for coordinating security activities throughout the organization. Cyber security review
Independent review and examination of security-related records and activities to provide limited assurance that system controls are adequate and that established policies and operational procedures are compliant. (NIST IR 7298 Glossary of Key Information Security Terms) Cyber security risk assessments
The process of identifying risks to organizational operations, organizational assets, individuals, other organizations, and the nation, arising through the operation of an information system. A part of risk management, it incorporates. threat and vulnerability analyses and considers mitigations provided by security controls planned or in place. (NIST IR 7298 Glossary of Key Information Security Terms) Cyber security strategy
A high-level plan, consisting of projects and initiatives, to mitigate cyber security risks while complying with legal, statutory, contractual, and internally prescribed requirements. Cyber security threat
Any circumstance or event with the potential to adversely impact organizational operations, organizational assets, individuals, other organizations, or the nation through an information system via unauthorized access, destruction, disclosure, modification of information, and/or denial of service. (NIST IR 7298 Glossary of Key Information Security Terms) Incident management
Refer to 'Cyber security incident management'. Incident management plan
The documentation of a predetermined set of instructions or procedures to detect, respond to, and limit consequences of a malicious cyber-attack against an organizations information system(s). Also Refer to 'Cyber security incident management'. (NIST IR 7298 Glossary of Key Information Security Terms) Integrity
Guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity. (NIST IR 7298 Glossary of Key Information Security Terms) Key performance indicator
A type of performance measurement that evaluate the success of an organization or of a particular activity in which it engages. Numerical threshold(s) are typically used to categorize performance. Member organization
Organizations affiliated with SAMA. Resilience
The ability to continue to: (i) operate under adverse conditions or stress, even if in a degraded or debilitated state, while maintaining essential operational capabilities; and (ii) recover to an effective operational posture in a time frame consistent with mission needs. Risk
A measure of the extent to which an organization is threatened by a potential. Circumstance or event, and typically a function of: (i) the adverse impacts that would arise if the circumstance or event occurs; and (ii) the likelihood of occurrence. (NIST IR 7298 Glossary of Key Information Security Terms) Threat
Refer to 'Cyber security threat' Threat intelligence
Threat intelligence is evidence-based knowledge, including context, mechanisms, indicators, implications and actionable advice, about an existing or emerging Menace or hazard to assets that can be used to inform decisions regarding the subject's response to that menace or hazard. (Gartner) Threat landscape
- An overview of threats, together with current and emerging trends.
- A collection of threats in a particular domain or context, with information on identified Vulnerable assets, threats, risks, threat actors and observed trends.(ENISA)
TOM
A target operating model (TOM) is a desired operating model that visualizes (i.e. using a model or collection of models, maps, tables and charts) how the organization operates so as to deliver value to its customers or beneficiaries. Vulnerability
Weakness in an information system, system security procedures, internal controls, or implementation that could be exploited or triggered by a threat source. (NIST IR 7298 Glossary of Key Information Security Terms) Vulnerability management
Vulnerability management is the cyclical practice of identifying, classifying, remediating mitigating vulnerabilities. Also refer to 'Vulnerability' Appendix B- Detailed Initiatives Objectives and Expected Outcome
Cyber Security Strategy of the Saudi Banking Sector - Draft
Information Security Committee
As you are aware, the Saudi Banking sector is highly dependant on Information Technology, which has helped banks to provide a wide range of products and services. However, information Technology carries benefits as well as security threats and challenges
Security issues that are of most concern to SAMA include the disclosure of confidential information, unauthorized access to systems, challenge introduced by the internet and open networks, viruses and threats to system operations, as well as direct loss of funds. Potential damages to the banking system from security breaches also include possible loss of customer confidence, hence affecting its overall reputation.
Therefore, SAMA wishes to create an Information Security Committee of the Banks on the following basis:
- Committee mandate would be to include all aspects of Information Security.
- Each bank should be represented by one senior manager who would be designated Information Security Officer.
- SAMA would act as an observer in this committee.
- The committee would meet on a 2 monthly basis.
The committee should elect, on a rotational basis, one of its members as the Chairman and another member as a secretary for a period of one year. The Chairman will be responsible for calling meetings, preparing agendas in consultation with another banks while the secretary will maintain record of discussions.
In this regard, SAMA would like to nominate Mr. Waleed Al Shubaili and Mr. Abdulrahman Al Shetwey as observers.
Please nominate your Bank’s representative at your earliest convenience to Mr. Ali Al Ghaith at Fax No. 466 2299.
The first meeting is schedule to be held at the Bankers Club at the Institute of Banking (IOB) on Saturday 1st June 2002 at 10 a.m.
SARIE System
Application of the Unified Template for Government Employees' Payroll Sheets
Further to SAMA Circular addressed to all banks No. (381000017647) dated 14/02/1438H regarding the RASD Service Project, which concerns the Application of the Unified Form for Government Employees' Salary Statements.
In light of the inability of most government entities to adhere to the unified model, and given the significant importance of the data contained in this model for assisting the Ministry of Finance in auditing, conducting monthly and yearly comparisons, and supporting several national projects based on this data.
Accordingly, we request that all deposits for all employees of government entities be fed into the RASD Service system starting from the current calendar year 2017G and for the coming months (for all government entities, whether the entity adheres to the unified model or not). Payroll files must follow the format of the unified model as specified in the document (RSD Banks File Specification: V2.7). The field for the ID number of citizens and residents is exempted and should be left blank if unavailable to the bank until a suitable mechanism for providing the ID number is established.
We also request your cooperation with Elm Company to implement the requirements. For any needed assistance, you may contact the following email designated for bank support: (RSD_OPS@elm.sa).
Application of the Unified Form for Government Employees' Salary Statements
This section is currently available only in Arabic, please click here to read the Arabic version.Working Hours for the Saudi Arabian Riyal Interbank Express (SARIE)
With reference to the working hours of the Saudi Arabian Riyal Interbank Express (SARIE), we would like to inform you that as of Sunday 23/3/1437 H corresponding to 3/1/2016 G, the working hours of the SARIE system will be modified according to the attached schedule.
Saudi Arabian Riyal Interbank Express (SARIE) System
SARIE Business Cycle
Starting from 3/1/2016
Event
Starting time
Ending time
Event No.
Cutover
09:00 16:30 1 Same Day value transfers
Clearing
09:00
15:00
2
All types of payments (Single & Bulk)
09:00
16:00
3
Squaring & Positions adjustment
16:00
16:15
4
Cutoff
16:30 5 Forward payments
Open 24 hours
6 Obligation not to Apply Fees or Commissions on the Salaries of State Employees and Student Reward Accounts
Referring to SAMA Circulars No. 018559/BCP/802 dated 29/11/1420H and No. 3430/BCP/63 dated 10/2/1424H regarding the confirmation that banks do not charge service expenses on the accounts of state employees in accordance with the unified agreement to transfer the salaries of their employees through the Saudi Rapid Financial Transfer System (SARIE), and the provisions of paragraphs (4,5,6) of (Article1) of the agreement related to the obligations of banks after charging any commissions or bank expenses on the services provided under this agreement, and benefiting from the services of the Saudi network, and providing an ATM card to customers free of charge, provided that it is renewed at the end of its term without fees.
Therefore, SAMA confirms not to impose fees or commissions (whatever their names) and whatever the balances of the state employees' salary accounts in accordance with the above-mentioned agreement, as well as to treat the students' accounts in which their bonuses are deposited as the accounts of the salaries of state employees in not imposing fees or commissions, regardless of the account balance, as well as confirming your branches to abide by this and report what has been taken within a week from its date.
Money Transfer through SARIE System
Referring to the circular issued by SAMA No. 45774/BCT/758 dated 24/12/1427 H regarding the determination of endowments for the implementation of financial transfers through the "Sarie" system, and where SAMA received complaints regarding the refusal of customers' requests to make financial transfers for the purpose of depositing them on the same day and challenging them with certain endowments determined by the bank.
We would like to emphasize the importance of banks receiving all customer payments in their branches and through their technical systems until (15:30) for transfers whose owners request that the transfer procedure be carried out through the "Sarie" system and deposited in the beneficiary's account on the same day.
To take note and approve and act accordingly, and to distribute a copy of this circular to your Bank's branches, and to report on what has been taken within a week from its date.
Employees' Salaries are Paid for the Month of Ramadan Every Year on the Twentieth of the Month Via the SARIE System
SAMA received the letter of His Excellency the Minister of Finance No. 8/2/7167 dated 6/9/1429 H, referring to Ministerial Circular No.12/28810 dated 15/7/1419 H regarding permitting the disbursement of employees' salaries and entitlements through the Saudi Rapid Financial Transfer System (SARIE) in accordance with the rules and procedures attached to it.
Based on what is stated in paragraph (7/h) of the first article of the unified agreement between government agencies and banks, which stipulates the payment of the salaries of the blessed month of Ramadan of each year on the twentieth of the aforementioned month by transferring them to their accounts through the Saudi system for rapid financial transfers (SARIE).
We hope to direct your specialists to transfer the salaries of the blessed month of Ramadan of the year 1429 H on 20/9/1429 H.
Transferring Dues of Construction Companies through the SARIE System Starting from the New Fiscal Year 1428/1429H
In reference to Council of Ministers Decision No. (23) dated 17/01/1428 H, communicated via the circular from His Highness the President of the Council of Ministers No. 4160 dated 23/01/1428 H regarding addressing the obstacles facing the contracting sector in the Kingdom, which stipulated in paragraph four that the Ministry of Finance should take the necessary measures to disburse contractors' entitlements through the SARIE system.
Accordingly, we inform you that SAMA received a letter from the Ministry of Finance No. 8/3/86833 dated 29/10/1428 H, which included a directive for each bank to open an intermediary account for each project assigned to it. The bank will be responsible for managing that account, and a copy of the agreement made with the contractor should be provided to government entities, specifying the name and account number so that government entities can include the account number on the payment order instead of the contractor's account. The project account must comply with what is required in SARIE system, adhering to the specified number of customer account numbers at each bank to avoid payment returns. Please note that the implementation of this circular will begin on 31/12/2007G.
Obliging Local Banks to Adhere with Agreement for Payroll Issuance for Government Employees through "SARIE" System
This section is currently available only in Arabic, please click here to read the Arabic version.Instructions and Standardised Tables for SARIE-Accredited Government Revenue for the Financial Year 1422H/1423H
This section is currently available only in Arabic, please click here to read the Arabic version.Using SARIE System for Student Stipends
SAMA received the letter of His Excellency the Minister of Finance and National Economy No. 8/2/10493 dated 16/8/1423 H referring to the study carried out by the Ministry with the participation of SAMA and the General Audit Bureau on the occasion of using the Saudi Fast Financial Transfer System (SARIE) to disburse students' bonuses by opening accounts with banks in accordance with the following controls:
- The opening of these accounts must be with the consent of the students and their knowledge of their receipt of their rewards using this method.
- Each student should be free to decide the bank she wishes to open an account with and transfer her bonus to her account with it.
- These accounts are dedicated to depositing and withdrawing bonuses during the study, and ATM cards are issued through the Saudi network for each student free of charge.
- It is sufficient for students to sign the marches with the data indicating that the supply of bonuses has been deposited into each student's account, and this shall be verified by the competent authority in the relevant educational authorities. We would also like to inform you that SAMA has received several complaints from citizens, including the requirement of banks for a certain amount when opening an account for the student, the requirement of a certain age to open the account, as well as the imposition of other conditions.
We hope to urge your specialists to comply with the above-mentioned speech of His Excellency the Minister of Finance and National Economy, as well as to abide by SAMA Circular No. 5082/MAT/55 dated 2/3/1423 H regarding the rules for opening accounts in commercial banks and the general rules for their operation.
Procedures for Cashing Ministerial Paychecks Through SARIE
This section is currently available only in Arabic, please click here to read the Arabic version.Executive Regulations for Disbursing State Employees' Salaries
No: 211000000091 Date(g): 28/8/2000 | Date(h): 28/5/1421 Translated Document
Further to SAMA Circular No. 17693/BCT/896 dated 7/12/1418H regarding the rules for salary transfers through the Saudi Instant Payments System (SARIE) and the implementation procedures.
We would like to inform you that there are some amendments to the rules regarding salary transfers via the (SARIE) system, as well as to the standard agreement with banks for salary transfers through the Saudi Instant Payments System (SARIE). The amendments are as follows:
Introduction:
Based on the Ministry of Finance and National Economy Circular No. 12/1936 dated 16/6/1405H, which outlines the implementing rules for disbursing government employees' salaries through national banks, most government agencies and public institutions have adopted the practice of paying employee salaries via cheques drawn on these banks.
Due to the steady increase in the number of government employees and the substantial burdens associated with issuing salary payments via cheques drawn on national banks such as the significant time and effort required, direct costs of cheque printing, and the congestion experienced by local banks during salary disbursement periods SAMA has developed and adopted the Saudi Instant Payments System (SARIE). This advanced automated system facilitates electronic transfers and payments between banks and customers, making it ideal for transferring employee salaries directly to their accounts at the banks they use. Additionally, the benefits provided by the Saudi Payments Network include easy access to cash, balance inquiries via ATMs, and the ability to obtain goods and services through widespread point-of-sale terminals across the Kingdom. Following consultations with the General Auditing Bureau and SAMA, it has been decided to utilize (SARIE) system for the automated transfer of employee salaries to their accounts at various local banks. This decision aims to streamline the salary disbursement process while maintaining adherence to general rules and documentation procedures to ensure proper salary transfer and verification of receipt by employees.
The following are the rules and executive procedures for transferring salaries via (SARIE) system that must be adhered to. SAMA hopes that the implementation of this method will facilitate the salary disbursement process for government employees, allow employees to benefit from the technical services provided by the Saudi Payments Network, support the banking sector, and enhance both banking awareness and savings habits among employees.
First: Rules for Transferring Employee Salaries via the Saudi Instant Payments System (SARIE).
1- Each government ministry or agency is required to open two current accounts with a local bank operating within the Kingdom as follows: The first account should be titled "Salaries of Employees of (Name of the Entity/City).
The second account should be titled "Other Entitlements of Employees of (Name of the Entity/City).
These accounts are to be used for disbursing salaries and entitlements of their employees, which will be processed by the corresponding bank through the transfer of net salaries and entitlements to the employees' accounts held with the same bank or other local banks.
2- The current bank will continue to be used for disbursing employee salaries via cheques during the implementation of these rules. For entities that are not currently dealing with banks, SAMA will coordinate with the Ministry of Finance and National Economy to either change or appoint a bank.
3- Each employee must specify the bank to which they wish their salary to be transferred and sign a declaration to this effect with the Human Resources Department of their respective entity, according to the attached proposed forms. This declaration serves as acknowledgment that their salary or any other entitlements will be automatically transferred to their account with the specified bank. Employees are free to choose the bank they wish to deal with for transferring their entitlements, and it is not necessary for this bank to be the same as the one used by the government entity.
4- Banks are required to accept the opening of current accounts for employees of government entities and public institutions for the purpose of transferring their salaries to these accounts without imposing a minimum balance requirement. Employees whose salaries are transferred to their current accounts at the bank will have access to all banking services available for current account holders, including the use of the Saudi Payments Network services such as ATMs and point of sale terminals. Banks may send representatives to government entities and public institutions to open current accounts for employees at the entities’ premises and branches, in coordination with the Human Resources Departments.
5- Banks are required to perform the salary transfer process without charging any banking service fees, either from government entities or from employees.
6- Human Resources Departments shall issue notifications to employees who have had deductions made from their salaries, detailing the amounts of the deductions and the reasons for them.
7- The application of this system is not limited to the transfer of employee salaries alone it also includes the transfer of their entitlements. The handling of these salaries and entitlements with the banks should be done by opening the two accounts as specified in paragraph (1).
8- Employees who do not wish to have their salaries and entitlements transferred to current accounts at banks, as well as employees of entities without branches of local banks, will have their salaries and entitlements disbursed in accordance with the Ministry of Finance and National Economy Circular No. 12/1936 dated 16/6/1405H, which outlines the implementing rules for salary disbursement through local banks. Separate payrolls will be issued for these cases. Second: Procedures for Transferring Employee Salaries via SARIE.
1- The government entity shall send the payment orders for its employees' salaries to the Ministry of Finance and National Economy on the 12th of each lunar month. The beneficiary's name on the payment order should be written as follows:
Pay to the order of: Salaries of Employees of [Name of the Entity/City], Account No. [Full Account Number for Salaries or Entitlements] at [Bank Name].
2- The Ministry of Finance and National Economy shall process the payment order in accordance with the current regulatory procedures. The issued cheque shall specify the full name, account number, and bank.
3- The cheque shall be delivered to SAMA for the transfer of its value to the bank where the government entity’s account is held. This process will continue until the automated systems are linked, technical tests are conducted, and procedures are revised at both the Ministry of Finance and National Economy and SAMA, to replace cheques with direct transfers to government entities' accounts at banks.
4- The bank shall credit the amount to the government entity's account and notify the entity accordingly to carry out the necessary accounting entries.
5- All government entities are required to send their employee data to the banks they work with on CDs by the middle of the lunar month. This data must include all employee details such as names, account numbers, bank names, and net salaries due. The data can be transmitted via an automated information exchange line between the government entity and the bank to expedite the process of data delivery and processing. For government entities that do not use computer systems for preparing employee salary data, coordination between these entities and the banks is necessary to determine the method of data transmission. Government entities are allowed to make any necessary changes to the data sent to the bank up to two days before the due date. The bank is responsible for implementing the required changes and notifying the government entity so that the necessary accounting entries can be made. It is preferable to agree on a standardized method for sending employee data to the bank in accordance with SAMA guidelines to minimize the need for data corrections during transmission.
6- Regarding the salaries of employees benefiting from installment services provided by banks, who currently receive their salaries via hand-delivered cheques from the bank, their salaries will be automatically transferred to current accounts opened in their names at the same banks. Banks will be notified of this change in salary disbursement method in accordance with the Circular of the Ministry of Finance and National Economy No.12 /162 dated 2/12/1413H.
7- Payroll transfer statements are prepared automatically by the Human Resources Department and are sent along with their attachments, to the Finance Department for review and recording in accordance with financial regulations. The recording should be based on the approval order for disbursement as follows: From Account No. To: Expenses (relevant items)
To the mentioned individuals
Account No. / Payment Orders (in the name of the Pension Fund or the General Organization for Social Insurance and the Credit Bank for settling their dues).
Account No. / Revenues (amounts that may be added to revenues, such as penalties).
Account No. / Deposits (amounts held in deposits for any reason).
Account No. / Payment Orders (for the net salaries specified in the disbursement approval order).
8- The dealing bank deposits the net salaries due into the employees' current accounts with it, as well as transfers the salaries of employees with accounts in various local banks to be credited to their accounts automatically. All salaries are deposited into employees' accounts at all banks on the 25th of the lunar month. Banks provide their customers with summary notifications by the 5th of each lunar month, confirming the addition of salaries to the employees' accounts with them and with other banks for the previous month. Government entities, after reviewing these notifications, attach them to the payroll statements for the relevant month and prepare them for submission along with their monthly documents to the General Auditing Bureau as per the standard procedure.
9- Employee entitlements that are not recorded in their accounts for any reason and reported by the bank are issued as cheques payable to the beneficiaries. These cheques are drawn on the entity's general account.
10- If the entity discovers an error or determines that an employee is not entitled to their salary or a part of it, which has been transferred to the bank, it must immediately notify the bank to make the necessary correction, and this must be done at least two days before the due date. If the error is discovered by the entity after this deadline, the entity should address it by making the following entry: From Account No. / Advances Under Collection (Employee's Account)
To Account No. / Expenses under exclusions (Relevant Item) The amount should be deducted from the employee's entitlements in the following month or collected in cash to settle the advance.
11- Government entities must ensure that all employees listed in the payroll files sent to the banks are still active. They should establish procedures and controls to prevent the transfer of salaries or other entitlements to employees who are no longer on duty. Monthly payroll statements should be accompanied by declarations from the heads of the main and subsidiary departments affirming the accuracy of the information provided and confirming that all employees listed are still active. These declarations must be approved by the Directors of Human Resources and Accounting, as well as the General Manager of Financial and Administrative Affairs. These individuals will be jointly responsible for any amounts incorrectly transferred or issued without entitlement.
12- The financial administration within government entities and public institutions should retain copies of monthly payroll statements and detailed reports of transactions issued by the banks, as requested. These documents should be kept in dedicated files for reference when needed. Unified Agreement for Transferring Employees' Salaries via the Saudi Arabian Riyal Interbank Express (SARIE) System
On the day of ..../.... / 14....H, corresponding to ..../.... / 199....G, an agreement has been made between:
The First Party:
The Government Entity (________________________) Address at (________________________).
Represented in the signing of this agreement by His Excellency / __________________.
Hereinafter referred to as the "Government Entity."
The Second Party:
The Bank (________________________) Address at (________________________).
Represented in the signing of this agreement by __________________.
Hereinafter referred to as the "Bank."
Introduction:
Based on the Government Entity’s desire to enlist the Bank to provide banking services, particularly the transfer of monthly salaries and other entitlements to its employees through direct deposit into their current accounts. This includes the transfer of monthly salaries and other entitlements to employees with accounts at other local banks through the Saudi Electronic Funds Transfer System (SARIE) instead of disbursing salaries through cheques, in accordance with the general rules and executive procedures for the payment of state employees' salaries via SARIE as issued under Circular No. ___________ from His Excellency the Minister of Finance dated ..../..../ 1419H. This agreement is supplementary to the implementing rules for paying state employees' salaries through local banks issued by the Minister of Finance and National Economy under Decision No. 11/H/1351 dated 16/5/1405H, circulated under No. 12/1936 dated 16/6/1405H and subsequent clarifications and additions. Furthermore, based on SAMA's approval to enter into an agreement with the Second Party to facilitate salary disbursement as outlined in Letter No. ___________ dated ..../.... /14....H, this agreement has been made between the two parties.
Article 1: Bank Obligations
1- The bank shall open two current accounts in the name of the Government Entity in accordance with the rules and regulations for opening current accounts for ministries, governmental entities, and public institutions as issued by SAMA. One account is for salary transfers, and the other is for other employee entitlements such as overtime and delegation allowances, which are paid collectively (by one check).
2- The bank shall provide the Government Entity with detailed automated reports regarding account activity via terminal screens, floppy disks, or another method that serves reconciliation purposes with their records. This should be done at least once a month or upon request.
3- The bank shall transfer the employees’ monthly salaries to their current accounts opened with the bank or with other local banks based on the data provided by the Government Entity.
4- The bank shall not charge any commissions or banking fees for the services provided under this agreement to the Government Entity or its employees. Employees are not required to maintain a minimum account balance (SAMA Circular No. M/A/142 dated 18/2/1417H).
5- Current accounts opened for employees under this agreement shall enjoy all the benefits available to other current accounts at the bank, including the use of Saudi ATM networks and point-of-sale services.
6- The bank shall issue an ATM card to every employee with a current account at the bank free of charge, and it shall be renewed upon expiration without charge. In the event of card loss or damage, the bank shall issue a replacement card.
7- The bank shall credit the employees’ salaries to their accounts on the 25th day of the Hijri month unless the following exceptions occur: A) If the 25th day falls on a Friday, the crediting will take place on the 26th day.
B) For the last month of the fiscal year, salaries will be paid in accordance with the instructions issued by the Ministry of Finance and National Economy for closing accounts at the end of the fiscal year.
C) The salary for the month of Ramadan will be paid on the 20th day of Ramadan.
8- The bank shall provide the Government Entity with the names and entitlements of employees whose salaries were not credited to their accounts for any reason, whether at the bank or other banks, no later than two days after the due date. The Government Entity shall then issue checks for the total salary amount to the beneficiaries.
9- The bank shall provide the following information to the Government Entity no later than five days after the salary transfer date: - Confirmation of the amounts credited to the opened accounts and any amounts not credited for any reason.
- Confirmation of the total amounts transferred for employees with other banks and any returned amounts.
10- The bank shall provide necessary support to rectify any errors in the data sent by the Government Entity upon notification. Article 2: Government Entity Obligations
1) The Government Entity shall provide the bank with detailed employee salary data, including the names of employees and their complete account numbers, through terminals, floppy disks, or other methods deemed suitable by both parties. The Government Entity is responsible for the accuracy of this data.
2) The Government Entity shall deposit the total amount of monthly salaries in its current account with the bank no later than the 20th of the month, ensuring sufficient funds to cover the monthly payroll. The Government Entity will also deposit any additional amounts required for other entitlements it wishes to transfer to its employees.
3) The Government Entity shall not approve the transfer of an employee's salary from one bank to another or cancel the transfer and replace it with a check if it had previously committed to another bank for the transfer.
4) The Government Entity shall transfer the salaries of employees benefiting from loan services provided by the bank to current accounts in their names at the same bank. Article 3: General Provisions
1) This agreement shall be valid for two years and will be automatically renewed for the same period unless either party notifies the other party at least four months before the end of the current term of its desire not to renew.
2) Upon signing this agreement, the bank shall coordinate with the Government Entity to complete all procedures necessary for implementing the agreement.
3) This agreement is governed by the laws and regulations currently in force in the Kingdom of Saudi Arabia.
4) In the event that either party breaches any of the obligations stated in this agreement, the other party has the right to terminate the agreement without compensation, provided that two written warnings are issued, and two months pass for each warning without corrective action.
5) In matters not covered by this agreement, reference shall be made to the general rules and executive procedures for salary transfers via SARIE issued under Circular No. 28810/12 dated 15/7/1419H by the Minister of Finance and National Economy.
6) In case of any dispute regarding the implementation of this agreement, SAMA shall have the authority to settle it.
7) This agreement is made in three original copies, one for SAMA, one for the Government Entity, and one for the bank, all to be executed accordingly.
The First Party The Second Party
On behalf of (The Government Entity) On behalf of (The Bank)
Signature: Signature:
- Confirmation of the amounts credited to the opened accounts and any amounts not credited for any reason.
Implementation Rules For Transferring Salaries for Government Employees SARIE
Referring to the circular of His Excellency the Minister of Finance and National Economy No. 28810/12/79 dated 15/7/1419H, which approved the application of the Saudi Payments Network (SARIE) system for the disbursement of salaries to government employees, and referring to SAMA’s Circular No. 17693/M AQ/896 dated 7/12/1418H, which communicated the implementing rules to be followed for the disbursement of government employees’ salaries through the SARIE system. The unified agreement, which must be used in contracts between the bank and the government entity, states that the agreement must be based on SAMA’s approval of the agreement between the two parties. The agreement must also include the reference number and date of SAMA’s approval letter for any government entity to deal with a bank. Based on the explanatory and supplementary circulars regarding the opening of accounts for government entities including Circular No. M A/183 dated 2/7/1405H, Circular No. M A/247 dated 29/6/1411H, and Circular No. M A/633 dated 21/10/1415H, SAMA has recently observed some banks entering into agreements to disburse salaries to government employees through the SARIE system directly without obtaining SAMA’s approval. SAMA has the authority to select the bank with which the government entity should deal to ensure fairness in distribution among banks. It has also been noted that some government entities may already be dealing with another bank for the same purpose, which constitutes a violation of the aforementioned circular from His Excellency the Minister of Finance and National Economy. Additionally, this situation may cause embarrassment for the Ministry and SAMA due to some banks entering into such agreements or the existence of various government accounts with different purposes opened with some banks without SAMA’s approval. In some cases, multiple accounts have been opened for the same entity despite only one account being approved.
Such actions violate the instructions that prohibit opening accounts for any government entity without obtaining SAMA’s approval, as SAMA holds the authority to approve such actions and limit approval to only one account. Violating these procedures exposes the bank to legal accountability and full responsibility for any consequences resulting from non-compliance with the instructions.
SAMA requests that all relevant personnel across your branches in different regions of the Kingdom be informed and instructed to strictly adhere to the guidelines issued by SAMA. Banks are reminded not to open accounts for any government entity unless SAMA has granted approval.
For accounts that were opened without obtaining SAMA's approval, the situation must be rectified by notifying the concerned government entities to contact their parent organization through the Ministry of Finance and National Economy, specifically addressing the Deputy Minister for Financial Affairs and Accounts, to obtain approval for these accounts. SAMA must then be notified to provide the bank with the necessary approval for the existence of these accounts.
The General Rules, Implementation Procedures and the Standard Agreement for Transferring Salaries of Employees by SARIE
No: 181000000896 Date(g): 3/4/1998 | Date(h): 7/12/1418 Status: Modified These rules have been updated in accordance with the rules for transferring salaries of government employees as per SAMA circular No. (211000000091), dated 28/05/1421H, to read the updated rules, click here.According to a letter received by SAMA from HE the Minister of Finance & National Economy No. 12/2502 dated 24/10/1418 H, the Ministry is developing the procedures of paying the salaries of government employees through SARIE. HE's letter included the implementation procedures which must be applied to this operation on a trial basis for 2 months starting 1-1-1419 H. Please be informed and notify your branches accordingly.
Attached please find a copy of the general rules and implementation procedures, along with the standard agreement proposed to be concluded with the bank with which the government agency deals. Please take note that the salary check shall be delivered C/o SAMA.
We take this opportunity to emphasize the role of banks in the success of this service and the need to extend support to all government agencies to enable them to transfer the salaries of their employees through SARIE.
The Standard Agreement for Transferring Salaries of Employees by SARIE
On____/___/14___H. (corresponding to ___/____/199__
A. D.) this Agreement was concluded by and between:
(Government Agency), address () represented in signing the Agreement by HE______________ (hereinafter referred to as “ Government Agency”) First Party and (Bank), address () represented in signing this Agreement by __________(hereinafter referred to as "Bank”) Second Party.
and
(Bank), address () represented in signing this Agreement by ______________(hereinafter referred to as "Bank") Second Party.
Introduction
In the desire of the Government Agency to have the Bank extend thereto a banking service in the form of transferring the monthly salaries and other benefits of its employees by direct deposit in their current accounts with the Bank, and to transfer the monthly salaries and other benefits of its employees who have a current account with some other banks by SARIE, instead of disbursement by checks, in accordance with general implementation rules and procedures to transfer civil servants salaries by SARIE, issued by the circular of HE the Minister of Finance No.________dated__/__/1419 H; and
Further to implementation rules for the payment of civil servants salaries through local banks, issued by the decision of HE the Minister of Finance and National Economy No. 11/H/1351 dated 16-5-1405 and circulated under No. 12/1936, dated 16-6-1405, along with explanatory and supplementary circulars; and
Pursuant to SAMA's consent to conclude an agreement with Second Party to pay salaries as per its letter No.______dated ___/___/14___H. (reference must be made to SAMA's letter of agreement to start dealing with a specified bank), the two parties agreed as follows:
Article (1): Obligations of Banks
The Bank must open 2 separate current accounts in the name of the Government Agency, in accordance with applicable rules and conditions for opening current accounts for ministries, government authorities and public institutions issued by SAMA.
One account shall be used for transferring the salaries of employees and the second for transferring their other collective benefits other than salaries, such as overtime compensation, outside assignments and others that are paid collectively (in one check).
- The Bank must provide the Government Agency, at least once a month or upon request, with statements on the account movements through terminals or floppy diskettes or any other method which serves the purpose of conformation with its own records.
- The Bank has to transfer the monthly salaries of employees to their current account with the Bank or with other local banks, in accordance with a statement submitted by the Government Agency.
- The Bank shall not charge the Government Agency or the employees any commissions or banking expenses for this service according to this Agreement and shall not commit the employees to a minimum balance in their accounts (SAMA circular No. BCL/142 dated 18-2-1417 H).
- Current accounts opened for employees under this Agreement should enjoy all the advantages of other Saudi banking services, such as ATM and Points of Sale.
- The Bank should provide each holder of an account with the Bank an ATM card free of charge, renewable free of charge and replaced if lost or damaged.
- Salaries shall be credited to the account of the employee on the 25th of the Hejira month, except:
a) If the 25th day falls on a Friday, salaries will then be credited on the 26th day..
b) In the last month of the fiscal year, salaries shall be paid in accordance with the closing of accounts instructions for that fiscal year issued by the Ministry of Finance and National Economy at the end of each fiscal year.
c) The salaries for Holy Ramadan of each year shall be paid on the start of the 20th day of that month.
- The Bank should provide the Government Agency with the names and benefits of employees, whose benefits were not credited for any reason to their account with the Bank or with other banks, within 2 days at the latest from maturity date. The Government agency shall issue checks drawn on the collective account for salaries in the amount of the benefits to the order of beneficiaries.
The Bank shall provide the Government Agency, within 5 days at the latest, from the date of transfer, with the following:
*Evidence of crediting the deposited amounts to the current accounts opened therewith and the non-credited amounts for any reason.
*Evidence of transferring the total amounts belonging to employees at other banks and amounts returned thereof.
- The Bank must, upon notification, provide necessary support for the correction of any error that may appear in statements sent by the Government Agency.
Article (2): Obligations of The Government Agency.
- The Government Agency must provide the Bank, through terminals, floppy diskettes or any other method seen suitable by the two parties, with detailed statements showing the monthly benefits of employees whose salaries have been transferred, and full account numbers, on which basis the transfer of amounts to current accounts with the Bank or with other banks shall take place, and the Government Agency shall be responsible for the accuracy of such statements.
- The Government Agency shall, on the 20th of the same month at the latest, deposit the value of the monthly salaries of its employees in the current account opened in its name with the Bank in sufficient amounts to cover the monthly salaries and shall also deposit any amount to cover other benefits which it desires to transfer to its employees.
- The Government Agency should not approve the changing by the employee of his salary transfer from one bank to the other or the replacing of the transfer with payment by a check delivered to the employee, if the Government Agency had already been committed to a certain bank to pay the salary of an employee by transfer or a check c/o that bank.
- The Government Agency must transfer the salaries of employees benefiting from the banks installment services to current accounts in their names with the same banks.
Article (3): General Provisions
- This Agreement is for 2 years, renewable for an equal period unless one Party notifies the other at least 4 months in advance of its desire not to renew it.
- Upon signing this Agreement, the Bank shall coordinate with the Government Agency to complete all necessary procedures to enforce it.
- This Agreement shall be governed by Saudi Laws and Regulations in effect.
- In the event of default by one Party on any of its obligations hereunder the other Party shall have the right to terminate this Agreement, after giving the defaulting party two written notices and the default is not remedied within 2 months from the date of each notice.
- Anything not mentioned herein shall be governed by general implementation rules and procedures connected with the transfer of employees salaries by SARIE issued by HE the Minister of Finance and National Economy No. ____dated___/___/_____. \
- Any dispute hereunder shall be settled by SAMA
- This Agreement was executed in 3 original copies, with SAMA. The Government Agency and the Bank each receiving one copy to act accordingly.
For First Party For Second Party
(Government Agency) (Bank)
Signature Signature
Implementation Rules And Procedures for Transferring Civil Servants Salaries by SARIE
Introduction
Pursuant to the Ministry of Finance and National Economy circular No. 12/1936 dated 16-6-1405 H, which included implementation rules for the payment of civil servants salaries through national banks, most Government Agencies and public institutions have followed this method of paying the salaries of their employees by checks drawn on these banks.
In view of the constant increase in the number of civil servants and the huge burdens carried by national banks, as a result, and the time and efforts involved in the direct cost of printing checks and the rush suffered by the banks during the salary payment period; and
In the light of SAMA's development and approval of the SARIE system, which is a developed procedure that facilitates the process of making financial transfers and payments between the banks and their clients electronically, and is considered ideal for transferring the salaries of employees to their accounts at the banks they deal with, in addition to other advantages provided by the Saudi Payment Network (SPAN), as regards the facility of obtaining cash and information about their balances through ATM and the buying of goods and services through Points of Sale spread throughout the Kingdom; and
After studying the subject by the Bureau of General Audit and SAMA, it was decided to use the SARIE system for transferring the salaries of employees to their accounts with various local banks, with no prejudice to general rules and the documentary payment cycle which aims at controlling the salary transfer process and verifying the receipt of the salaries by the employees.
Herebelow are the rules of transferring salaries by SARIE and the procedures to be followed. The Ministry hopes that the application of this system will facilitate the process of paying the salaries of employees, help the employee in making good use of the technological services rendered by the Saudi Payment Services Network, supporting the banking sector at the same time and promoting banking and saving awareness of the employees.
I.Rules for Transferring Employees Salaries by SARIE:
Each ministry or government authority must open two current accounts with one of the Saudi local banks as follows:
First account in the name of employees salaries of (name of government agency / city)
Second account in the name of other benefits of the employees of ___________(name of government agency / city), to be used for paying the salaries and other benefits of its employees, which are paid through the bank they deal with by transferring the net salaries and benefits of the employees to their accounts with the same bank or with other local banks.
- Dealing with bank through which the salaries of employees are presently paid by check shall continue when these rules are applied. The bank shall be changed or designated, in case of government agencies not presently dealing with any bank, by SAMA after coordinating with the Ministry of Finance and National Economy.
- Each employee shall name the bank through which he desires to have his salary transferred to his account therewith by signing a statement to this effect at the Personnel Department of the government agency he works for as per attached form. This statement amounts to an acknowledgement that his salary and other benefits shall be automatically transferred to his account with that bank (the employee has the full liberty to choose the bank he wishes to deal with and transfer his benefits thereto, and it does not have necessarily to be the same bank with which the government agency deals).
- Banks have to accept the opening of current accounts for the employees of government agencies for the transfer of their salaries thereto, without requiring a minimum balance in these accounts. The employee whose salary is transferred to his current account at a bank shall enjoy all the banking services available to the holders of other current accounts, such as ATM and Points of Sale offered by the Saudi Payment Network. Representatives of the various banks may be sent to the Government Agencies and public institutions at their head offices and branches for opening current accounts for their employees in coordination with the Personnel Department.
- Banks have to effect the transfer of salaries free of charge for government agencies and employees.
- The Personnel Department shall prepare notices to employees whose salaries have been subject to deductions, indicating the amounts of deduction and the reasons therefor.
- The system shall not be limited to the transfer of employees salaries but shall include the transfer of all benefits. The transfer process is done through separate current accounts opened with the banks as mentioned in paragraph (1).
- The salaries and benefits of employees who do not desire to have their salaries and benefits transferred to a bank current account, as well as the employees of government agencies that have no branch of the local banks, shall be paid in accordance with the circular of the Ministry of Finance and National Economy No. 1936/12 dated 16-6-1405, which included the implementation rules for paying the salaries of employees as per a separate payroll.
II.Procedures of Salary Transfer by SARIE
1.The government agency shall prepare payment orders of salaries and send them to the Ministry of Finance and National Economy on the 12th day of the Hajira month. The name of the beneficiary in the payment order shall be written as follows:
Pay to the order of: employees salaries (….. name of the government agency/city) account No. ….. (account number for salaries or benefits in full) with …… (name of the bank)
2. The Ministry of Finance and National Economy shall treat payment orders in accordance with presently practiced procedures and the issued check shall state the full name and number of the account and the bank.
3. The check shall be delivered to SAMA to transfer its value to the bank in which the account of the government agency is opened. This process shall continue until electronic systems are connected, the tests are made, and the procedures are amended by the Ministry of Finance and National Economy and SAMA and the transfers are made directly, instead of checks, to the benefit of the government agency with the bank.
4. The bank shall enter the amount in the account of the government agency, which shall be notified accordingly to effect its own entries.
5. All government agencies shall send their employees data to the banks on diskette in the middle of the Hejira month. The diskette must contain the details of all employees data, such as the name of the employee, his account No., the name of the bank, the net salary and benefits. Such data may be sent through an electronic transmission line between the government agency and the bank to expedite the arrival and processing of the data by the bank.
6. With regard to government agencies that do not use the computer in preparing the data and payrolls of their employees, they should coordinate with the banks about the method of sending such data. The government agency may amend the data sent to the bank 2 days before the maturity dale. The bank shall make the required amendments and notify the government agency accordingly to make the necessary accounting entries. It is preferable to have a standard method for transmitting the data of employees, as per SAMA instructions, to avoid amendments during the transmission process..
7. Regarding the salary of employees benefiting from the installment services of banks and whose salaries are now paid by checks c/o such banks, their salaries shall be transferred electronically to current accounts in their own name opened with the same banks, provided they notify the bank about the change in the method of paying their salaries, as per the Ministry of Finance and National Economy circular No. 12/162 dated 2-12-1413 H.
8. Payrolls of salary transfer shall be prepared electronically in the Personnel Department, and sent, with attachments, to the Financial Department to be reviewed and recorded, as per financial instructions on the basis of the payment order as follows: From expense account (relevant items)
To:
Payment orders account (in the name of the Retirement Salaries Authority or GOSI or Credit Bank to pay their benefits)
Revenues account (amounts that may be added to revenues such as penalties)
Imprest account (amounts that may involve imprests for any reason)
Payment orders account (net value of salaries as per payment order)
9. The bank shall deposit the net due salaries in the current accounts of employees therewith and transfer the salaries of employees who have their accounts with other banks to be electronically added to their accounts, so as to have all the salaries of employees transferred electronically and credited to the accounts of employees with all banks by the 25th day of the Hejira month. The banks shall, by the 5th day of the Hejira month, provide their client government agency with notices, indicating that the salaries of their employees for the previous month have been credited to their accounts therewith and with other banks. The government agencies shall, after reviewing the notices and attaching the payrolls of the relevant month, send same to the Bureau of General Audit within their monthly documentation.
10. The benefits of employees that are not credited for any reason and notified by the bank shall be paid to beneficiaries by check drawn on the gross account of the government agency.
11. If the government agency discovers any error in calculating the salary and benefits of the employee transmitted to the bank, it should notify the bank immediately 2 days before maturity date. If the error is discovered by the government agency after this deadline, it shall treat it as follows:
From :Imprest under collection from
employee account
To :Reimbursed expenses account.
Deduction from the employee benefits shall be made in the following month or the amount shall be collected from him in cash and reimbursed to the imprest account.
12. Government agencies shall make sure that all employees listed in the tables sent to the bank are still on the job, and adopt procedures and controls to cut down on the transfer of salaries and benefits of employees that are no longer on the job. The monthly payrolls must be accompanied by attestations from the officials of the main and branch departments certifying that the data in the payrolls is accurate and that all those listed therein are still on the job. Such attestations should be approved by the Director of Personnel and Accounts and the Director General of Financial and Administrative Affairs, who shall be jointly responsible for any funds transferred by error or without entitlement.
13. The Financial Department of government agencies and public institutions must keep a copy of monthly payrolls and detailed reports on executed operations issued by the banks, kept in special files for reference, if and when needed.
SAMA/Banking Technology
Form for Transferring Salary to Al-Rajhi Banking Investment Corporation
Dated: __/_/
HE The Director of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with Al-Rajhi Investment Corp.,__________branch in (city) as per account number set forth below.
A/c Number Currency and A/c Code Branch Code 6 0 8 0 1 (please fill out all blanks and contact the bank for any inquiry)
As of the salary and entitlements for the
(month) year
Regards,
Name File No. ID No Department/Section Phone No. Signature SAMA/ Banking Technology
Form For Transferring Salary To The Saudi Hollandi Bank
Date:___/___/___
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Saudi Hollandi Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Serial No. A/c No. Branch Code As of the salary and entitlements for the month of
() year
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form For Transferring Salary To The Saudi British Bank
Date://
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Saudi British Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Type of A/c Control
Signal Code
Client A/c Code Branch Code As of the salary and entitlements for the month of
() year
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The Saudi American Bank
Date:___/___ /
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Saudi American Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
As of the salary and entitlements for the month of () year_______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The Riyad Bank
Date://
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Riyad Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Type of A/c Currency Code A/c No. Branch Code As of the salary and entitlements for the month of
() year
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form For Transferring Salary To The Arab National Bank
Date: __/__/__
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Arab National Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Branch Client A/c No. Ledger Code. Currency Code. As of the salary and entitlements for the month of () year______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The Saudi French Bank
Date: __/__/
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Saudi French Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Control sign Serial No. of A/c Basic code for A/c No. As of the salary and entitlements for the month of () year______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The Saudi Investment Bank
Date:/__/___
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Saudi Investment Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
As of the salary and entitlements for the month of () year______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form For Transferring Salary To The National Commercial Bank
Date: __/__/__
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the National Commercial Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Supplement Code A/c No. Type of A/c Client A/c No. Branch Code As of the salary and entitlements for the month of () year_______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The United Saudi Commercial Bank
Date://
HE The Manager of Personnel
Greetings,
1 wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the United Saudi Commercial Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Signal Scale Serial No. A/c No. Type of A/c Currency Code Branch Code As of the salary and entitlements for the month of () year_______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transferring Salary to The Al Jazira Bank
Date:___/__/___
HE The Manager of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to transfer my salary and other financial entitlements to my account with the Al Jazira Bank as per details below (please fill out all blanks and contact the Bank for any inquiry).
Supplement Code Client A/c No Branch Code As of the salary and entitlements for the month of () year______
Regards,
Name ID No Department/Section Phone No. Signature SAMA/Banking Technology
Form for Transfer of Salary to A Bank
Date: __/__/__
HE The Director of Personnel
Greetings,
I wish to inform you that this form was signed by me in the desire to have my salary and other entitlements transferred directly to my account with the Bank as per details set forth below.
Bank A/c No. As of the salary and entitlements for the month of () year______
Regards,
Name ID No Department/Section Job Title Phone No. Signature Using Checks to Disburse Government Employees' Salaries Through Local Banks
Reference to our circular No. BC/183 dated 3-7-1405H (23-3-1985 G) regarding the use of checks in paying the salaries of civil servants through local banks; and
In view of the difficulties faced by banks in safe keeping such checks after cashing them and the need for a large space for this purpose due to its large number; and
Whereas currently applicable instructions adequately guarantee the paying of government employees salaries to them in person and the refunding of unpaid amounts to the government agency, through SAMA; and
Since the return of cashed checks to the concerned government agency will move the problem that is now faced by banks to the government agency,
The matter was referred to HE the Minister of Finance & National Economy, who agreed in his letter No. 12-3411 dated 16-5-1411 H that banks may, after 2 years of cashing civil servants salaries, copy such checks on a microfilm to be easily accessible if and when needed, provided the signature of the civil servant appears in the inputs of the microfilm. Thereafter the checks may be destroyed to solve the problem of safekeeping.
Please be informed, taking into account the provision of article (13) of our above-mentioned circular (BC/183).
Supplementary Circular - Disbursement of Government Employees' Salaries Through Banks by Checks
Reference to our circular No. BC/183 dated 3-7-1405 H regarding payment of civil servants salaries by checks, SAMA has received a letter from HE the Minister of Finance and National Economy, noting that some government agencies have reached agreement with some Saudi banks, under which salary checks could be cashed by simply providing such banks with the payroll of such government agencies and having the payee sign on such payroll.
Since this procedure is in violation of the Implementation Rules stated in HE's circular No.11/H/1351 dated 16-6-1405 H, which was communicated to you in the above-mentioned circular, we hope you comply with such rules with no amendments. The Ministry will not approve payment orders to violating banks.
Using Checks to Disburse Government Employees' Salaries Through Local Banks
In the letter of HE the Minister of Finance and National Economy No. 206-405 dated 15-1-1405 H, regarding the use of checks for paying civil servants salaries through local banks, HE requested us to notify the banks as follows :
- Starting with the budget of the coming fiscal year 1405/1406 government agencies may open accounts with local banks for the payment of their employees' salaries by check. Such an account shall be used solely for this purpose.
- The opening of such an account shall be limited to Ministries and independent government agencies listed in the attached list and their affiliated branches in the Kingdom. Only one account may be opened by the agency or its branch.
- The account shall be opened in the name of the agency or branch, not in the name of a specific employee (s).
- The bank in which the account is to be opened shall be specified by SAMA at the request of the concerned agency.
- Banks undertake to cash salaries with no service charges.
- Checks are valid for one month from the date of issuance and are endorsable only to banks.
- The concerned agency shall feed its current account, when opened, with a net average of its monthly payroll, plus 50%, by a check issued by the Ministry of Finance and National Economy.
- The bank shall provide the concerned agency, at the end of the 10th day of each month, with a statement indicating the number and amounts of cashed checks. After reviewing such statements, the bank shall be reimbursed for cashed amounts. With regard to the statement of the payment of salaries for Jumada I of each year, the banks shall be reimbursed in the middle of Jumada II.
- The banks shall not be reimbursed for statements of account evidencing salary payments for the month of Jumada II of each year. Banks have to transfer any surplus balance in the current account to the current account of the Ministry of Finance and National Economy with SAMA before the end of Rajab each year. The bank shall send the statement of accounts evidencing the payment of salaries for the month of Jumada II, along with SAMA's notice evidencing the transfer of the agency balance therewith.
- The agency shall obtain check books through a letter addressed by the authorized person to the bank.
- The authorized person, who shall not hold a title less than director general, will provide the bank with signature samples of the persons authorized to sign the checks.
- With regard to government agency branches, the agency with which the branch is affiliated shall make the necessary arrangements for opening the branch account at the selected bank. This account shall be fed with a net average of employees salaries for 2 months. The branch director shall provide the bank with the name of persons authorized to sign the checks and their signature samples. The agency with which the branch is affiliated shall reimburse the bank gradually for paid salaries to maintain sufficient cash liquidity.
- The Ministry of Finance & National Economy, the General Audit Bureau or SAMA may send representatives to check on these statements of account or to ask for copies thereof.
We wish to emphasize that no direct accounts may be opened for this purpose except through SAMA.
Bc-Accounts
Precaution against Check Forgery
Security authorities have noted the increase in forgery schemes through which it was possible to withdraw from the accounts of some commercial firms and individuals at banks with forged signatures or endorsements. Complaints about such forging of checks have been lately on the increase. In the desire to adopt security controls and means to protect the checks and reduce forgery, Saudi Central Bank has decided to emphasize on banks to abide by the instructions in its previous circulars and by the procedures set forth below to detect forged checks before cashing them and to take all necessary precautions to protect checks against forgery:
(1) When a check is submitted for cashing the following must be observed: A- Verify the signature of the drawer by matching it with the signature(s) approved by the bank (circular No. BC/52 dated 19-3-1400H) B- Compare the amount in figures with that in letters. In case of variation or in case the check is quoted only in figures or letters, the check must be returned to drawer for amendment and signing with the signature approved by the bank (Circular No. BC/204 dated 16-4-1398H) C- Check must be free of any erasing or rubbing or amendment. Otherwise, it should be returned to drawer to be signed with signature approved by the bank before cashing (circular No. BC/204 dated 16-4-1398H.) D- Verify the identity of the beneficiary by checking his ID or passport and carefully record their number and place of issuance on the back of the check by the employee in charge (circular No. BC/204 dated 16-4-1398H) E- If the employee in charge notices something abnormal, such as the large amount of the check or the presentation of the check on regular paper, or the method of withdrawal or application, he has to notify the manager or assistant manager, as the manager should be aware of large or abnormal movements in the bank. F- The signature of the beneficiary on the back of the check must be coupled with his name in legible writing. Writing of the name and signing should be done in front of the employee in charge. If the beneficiary is illiterate, his left thumb stamp should be taken with his name written there below. (2) No name of any person should be printed on the check book delivered to him before checking his ID or passport (circular BC/94 dated 20-5-1400H) (3) Bank seals, documents and check books should be kept in safe cabinets. Employees in charge must not deliver documents or check books to clients in violation of adequate banking procedures (circular No. M/A/52 dated 19-3-1400). (4) Banks should use special paper for checks printed in a safe way that makes forgery difficult and, at the same time, makes it easy for the bank to detect any modification or amendment in the data written in the check by chemical erasing or otherwise (circular BC/ 204 dated 16-4-1398H) Please comply, notify all your branches to act accordingly and acknowledge receipt. Amending Item (3) of the Instructions for Payment of Amounts to Beneficiaries of the Citizen Account Program
This section is currently available only in Arabic, please click here to read the Arabic version.Not Opening Accounts for Depositing Revenues or Amounts for Governmental or Semi-Governmental Entities without Ministry of Finance Approval
SAMA has received a letter from the Acting Assistant Minister of Finance for Revenue Affairs No. 19962 dated 25/02/1439H regarding the opening of bank accounts for government entities. His Excellency requested confirmation that banks must not open accounts designated for depositing revenues or funds for government or semi-government entities without the approval of the Ministry of Finance.
Accordingly, SAMA emphasizes to all banks the prohibition of opening accounts designated for depositing revenues or funds for government or semi-government entities without the approval of the Ministry of Finance. Compliance with Rule No. (500-1-1) of the Rules Governing the Opening of Bank Accounts and General Operational Guidelines in Saudi Arabia, Fourth Amendment, is required.
For your information and action accordingly, and the Central Bank will take necessary regulatory actions in the event of non-compliance.
Providing Banking Services to Prison Inmates
SAMA has received a letter from His Royal Highness the Emir of Riyadh Region No. 107735 dated 15/10/1438H, referring to the letter from the Director of Prisons in Riyadh Region No. 583576 dated 09/09/1438H regarding the increasing number of prisoners wishing to visit banks, which has become a noticeable trend. When they are sent to banks, they face refusals from bank employees to assist them or disburse their salaries. This is despite the existence of Rule No. (200-1-1) from the Rules Governing the Opening of Bank Accounts and General Operational Guidelines in Saudi Arabia, Fourth Amendment related to Saudi citizens/inmates. SAMA had previously issued a circular on this matter under Circular No. 19027/M.A.T/200 dated 29/07/1423H, as well as Circular No. 47275/M.A.T/636 dated 21/10/1429H, emphasizing adherence to Rule No. (200-1-1) concerning Saudi citizens/inmates.
Accordingly, SAMA reiterates to all banks the necessity of adhering to the instructions and rules regarding procedures for dealing with prison inmates and providing banking services to them as stipulated in Rule No. (200-1-1) of the Rules Governing the Opening of Bank Accounts and General Operational Guidelines in Saudi Arabia, Fourth Amendment. SAMA also notes that necessary actions will be taken against banks found in violation of these rules.
For your information and action accordingly.
Emphasis on Opening Bank Accounts for and Providing the Necessary Services and Cooperation to Commercial Enterprises and Private Schools Subject to the Wage Protection Program-2014
Referring to SAMA’s Circulars No. 351000012318 dated 28/1/1435H, and No. 351000061537 dated 12/5/1435H regarding the "Wage Protection System (WPS)" program, and further to complaints received by SAMA regarding the lack of cooperation by some banks in opening accounts for establishments subject to the WPS program, particularly private schools, which exposes these establishments to penalties.
SAMA emphasizes the importance of the national program, the "Wage Protection System (WPS)," and the necessity for banks to fulfill their responsibilities under this program, especially the matters discussed during previous workshops and meetings with bank representatives. These responsibilities include opening accounts, processing payroll files in the approved format, issuing bank cards, ensuring the availability of cash in ATMs, and providing qualified human resources to serve establishments subject to this program—particularly private schools—regardless of their workforce size or salary amounts.
We kindly request compliance with these instructions and that they be communicated to all relevant departments and divisions within the bank. Additionally, please provide SAMA with the bank’s work plan for this program within two weeks from the date of this notice.
Providing SAMA with Procedures Taken by the Bank Regarding Accounts of Residents who Have Left the Country or Have Been Deported
In reference to the telegram of His Highness the Crown Prince, Deputy Prime Minister and Minister of Interior No. 289678 dated 20/11/1437 H regarding expatriates or residents who have left the country permanently or have been deported, or have left and return and their visas have expired and have not returned, while they are outside the country, they conduct banking operations on their accounts in Saudi banks, including transfer, and the transfer may be suspicious, and His Highness requested views about it.
We hope to provide us with the measures taken by the bank regarding the accounts of residents who have permanently left the country or have been deported or have left and returned and their visas have expired and have not returned and how their accounts are dealt with when they discover their residence outside the country and their inability to return, within a week from its date.
Seized Accounts
Referring to the field visit of SAMA team to the banks to study the supervisory status of the seized accounts, and the difficulties and results it highlighted regarding the correct and accurate data and the provision of some data, and the lack of databases for those accounts or their inventory, follow-up and evaluation. Therefore, we hope to take the following measures:
1- Providing SAMA with the name of the Bank's representative within a week from its date to participate in a working group of banks in which SAMA participates to work on finding mechanisms, tools and means of research based on the banks' procedures that enable the identification of accounts that some banks do not know the reasons for seizure and the party that imposed the seizure and benefit from the data available at some banks.
2- Work on creating databases for the seized accounts, including the legal document for the seizure, the actual date of the seizure, the party requesting the seizure, and the balance of the seized account, and provide SAMA with a quarterly detailed report on what has been achieved.
3- Provide SAMA on a semi-annual basis detailed report of the seized accounts according to the following table:
M Customer Name Account Number The legal document for the seizure The party requesting the seizure Date of seizure Account Balance Type of seizure Notes 1 2 Provide SAMA Accounts of Hajj Affairs Offices
Further to SAMA Circular No. 351000045818 dated 11/04/1435 H regarding the emphasis on the controls that banks must apply and abide by when opening and managing accounts for "Hajj, Umrah and visiting the Prophet's Mosque" and the documents required to open and manage a bank account. Among other things, these controls include allowing Hajj affairs offices to open more than one account, provided that they are in one bank only, and not allowing them to open other accounts in other banks.
Based on the above, we hope to provide SAMA (Bank Licensing Division) with all the accounts of the Hajj Affairs Offices that you have within a week from its date.
Freezing the Debit Side of Charitable Associations’ Accounts
Referring to paragraph (21) of Section (First) Definitions of the fourth update of the rules for opening bank accounts in commercial banks and the general rules for their operation, notified to banks operating in the Kingdom pursuant to Circular No. 18000/MAT/9200 dated 04/04/1434 H regarding “freezing accounts”, which stipulates that freezing “is a term specific only to the temporary suspension of withdrawal only from the bank account/banking relationship due to the expiration of the validity period of the customer’s identity proof or the customer or the authorized person on the account not updating the personal data and information, addresses, sources of income, signature and other data...etc.”
Given that some banks freeze the accounts of charitable associations - whose period of operation has expired - both creditor and debtor (withdrawal and deposit), which deprives these associations of receiving donations as the main source of income, in addition to that some bank regulations cancel all deductions that are deposited in these accounts if they are closed for a specific period, which makes it difficult to return them again or renew them.
Therefore, we hope to abide by paragraph (21) referred to above and limit the freeze to the debit side only (withdrawal) from the accounts of charitable associations at the end of the term of work of their boards of directors and until the bank is provided with the decision to form the new board of directors or extend the previous board of directors, with the opening of deposits in these accounts by various means.
Speeding Up the Procedures for Opening Accounts for Hajj Affairs Offices (Formerly Hajj Missions) and Companies and Tourism Agencies Organizing Pilgrim Arrivals from Abroad
This section is currently available only in Arabic, please click here to read the Arabic version.Opening Accounts for Broadcast Offices from Outside the Kingdom
Referring to the letter of His Excellency the Undersecretary of the Ministry of Culture and Information for Media Affairs No. 6115 dated 23/03/1434 H, which includes the Ministry's issuance of licenses to the representative offices of satellite channels that broadcast from outside the Kingdom under an approved implementing regulation authorizing them to practice work in the Kingdom in the media, administrative and legal aspects, and do not require the channels representative offices to obtain a commercial register. His Excellency the Undersecretary's letter included that some licensed channel offices applied to a number of banks operating in the Kingdom to open current accounts and apologized due to the lack of commercial records with those channels, and requests that those wishing to channel licensed representative offices issued by the Ministry be enabled to open an account with any of the banks operating in the Kingdom.
I inform you that accounts can be opened for the representative offices of satellite channels in the Kingdom that broadcast from outside the Kingdom and have obtained licenses issued by the Ministry of Culture and Information, provided that the accounts of the offices are managed by Saudi persons residing in the Kingdom under a contract clarifying the status of the relationship and responsibilities or from expatriates residing under the sponsorship of the channel's office. The account shall be used to spend on the purposes and activities of the office only, and that it meets other criteria of know your customer, including the address of the office, means of communication, addresses of authorized persons, sources of income, the purpose of the account and the beneficial owner, in accordance with Rule No. (300-1-1) for licensed shops from the rules for opening and operating accounts in commercial banks.
Regulation for Selling Real Estate Included in the Map
This section is currently available only in Arabic, please click here to read the Arabic version.Ensure Cooperation in Account Opening for Customers Needing to Benefit from Unemployment Program Named 'Hafiz'
Referring to the two SAMA's circulars No. MT/3574 dated 08/02/1433 H and No. 52243/MT/24833 dated 04/11/1432 H regarding the support of the national program "Hafiz" for the disbursement of the subsidy for job seekers by opening bank accounts for citizens for male and female wishing to apply for the program and providing them with the IBAN number of their accounts, and fully adhering to the rules for opening bank accounts and the general rules for operating them in banks operating in the Kingdom, and taking the necessary measures to meet the demand for opening accounts for the purpose referred to above, in particular providing human cadres capable of carrying out the required procedures and not delaying in that, and excluding these accounts from the requirement of the third paragraph of the thirteenth rule of section IV of the third amendment of the rules for opening and operating bank accounts, that the period preceding the closure of the account in the event that it is without balance is one year instead of ninety days. And provide all banking services with open arms.
I inform you that SAMA received the telegram of His Royal Highness the Governor of Jazan Region No. 838 dated 16/02/1433 H regarding the complaining of a large number of beneficiaries of the "Hafiz" program due to the failure of some banks to issue ATM cards on their accounts and giving them long appointments to obtain cards, which caused crowding of citizens in front of bank branches, especially women's ones. His Highness' desire to facilitate citizens' procedures and find urgent practical solutions to avoid these scenes.
I would like to inform you that SAMA stresses the need to abide by the provisions of the two circulars referred to above, and to work to activate the necessary procedures for implementation, and to provide the necessary capabilities to meet requests for opening accounts and other services required of the beneficiaries of the program, such as ATM cards and other services necessary to deal with accounts, and to provide all banking services with open arms. While emphasizing the importance of classifying the accounts of the beneficiaries of the "Hafiz" program in a separate classification of its own so that it can be followed up and limited in the future if needed. We hope to act on it and inform it to all concerned departments and branches. And report on what is being taken in this regard within a week from its date.
Emphasising the Need to Cooperate and Open Bank Accounts for those Wishing to Benefit from the Hafiz Programme
Further to SAMA Circular No. 52243/MT/24833 dated 04/11/1432 H referring to the controls of the "Hafiz" program, which includes urging cooperation to support the national program "Hafiz" for disbursing the subsidy for job seekers by opening bank accounts for citizens for male and female citizens wishing to apply for the program and providing them with the IBAN number of their accounts, and fully adhering to the rules for opening bank accounts and the general rules for operating them in banks operating in the Kingdom, and taking the necessary measures to meet the demand for opening accounts. For the purpose referred to above, in particular the provision of human cadres capable of carrying out the required procedures and not delaying in doing so, and excluding these accounts from the requirement of the third paragraph of the thirteenth rule of section IV of the third amendment of the rules for opening and operating bank accounts for "closing the account" that the period preceding the closure of the account in the event that it is without balance is one year instead of ninety days.
In view of SAMA receiving comments from the Emirates of the regions, and complaints from a large number of citizens stating that banks do not respond to applicants for opening accounts, delay opening accounts for them, give them appointments in months, and complain about the treatment of some employees with reviewers. SAMA stresses its commitment to the above-mentioned circular, activating the necessary procedures for its implementation, providing the necessary capabilities to face requests for opening accounts, and providing all banking services with open arms. SAMA hopes that Hafiz accounts will be classified in their own separate classification so that they can be monitored and limited in the future if necessary. We hope to act on it and inform it to all concerned departments and branches. And report on what is being taken in this regard within a week from its date.
Opening and Operating Bank Accounts
This section is currently available only in Arabic, please click here to read the Arabic version.Authorizing Expatriates to Manage the Accounts of the Companies Invested in Economic Cities
Further to SAMA Circular No. 37954/MTA/17890 dated 27/07/1431 H amending the section 3 from rule No. 4 from the third amendment from rules for opening and operating bank accounts related to the controls of authorizing a non-Saudi to operate the accounts of companies, factories, joint ventures, international trademark agencies and other similar establishments, so that the text after the amendment becomes as follows:
- Companies: Companies are allowed to authorize an expatriate worker under their sponsorship who resides in the Kingdom to manage their bank accounts, and it is not permitted to accept the authorization of an expatriate worker to manage the accounts of another company, whether it is a subsidiary or sister company.
- Factories and trademark agencies: They are treated as authorizing an expatriate worker under their sponsorship according to their legal status stated in the license/commercial register issued to them by the competent authority, so that licensed persons are treated as sole proprietorships according to the text of the second paragraph of the same fourth rule regarding establishments and businesses owned by a single Saudi individual, and licensed persons are treated as companies according to the text of the third paragraph above regarding companies.
Referring to the letter of His Excellency the Minister of Labor No. 1/1/2584/p dated 17/08/1432 H in response to the letter of SAMA No. 1833 /M D/ M A T dated 23/07/1432 H regarding the request of some companies investing within the economic cities to authorize the expatriate worker to sponsor the General Authority for Investment or the Economic Cities Cadre Company to manage their bank accounts, and his letter included that Article (39/1) of the Labor Law stipulated in the first paragraph that "it is not permissible - without following the legal rules and procedures - to leave the employer by applying the concept of violation, the exception contained in the text of the article referred to above allows the exclusion of workers who work for non-sponsors from the application of the text of that article when following the legal rules and procedures. Whereas the prevailing character, the established rule and the legal procedure for all licensed investment projects in the economic cities is that all expatriate workers to work in these investment projects be sponsored by the General Authority for Investment or the Economic Cities Cadre Company, based on the agreement "Mechanism for issuing visas for economic cities" signed by the Ministry of Labor, the General Investment Authority, the Economic Cities Authority, and the Economic Cities Cadre Company on 16/02/1432 H. His Excellency requested to inform the banks operating in the Kingdom to accept the authorization of expatriates to sponsor the General Investment Authority or the Economic Cities Cadre Company to manage the bank accounts of investing companies within the Economic Cities in accordance with the following controls:
1- Submit an official identification letter issued by the General Investment Authority or the Economic Cities Staff Company (according to the sponsorship of the expatriate employee required to be authorized on the account), certified by the Chamber of Commerce.
2- A copy of the employee's contract.
We hope to take note and act accordingly and communicate it to all concerned departments and branches, stressing that the above is limited to the accounts of investing companies or licensed investment projects in the economic cities included in the visa issuance mechanism agreement for economic cities only.
And report what is being taken.
Accepting the Notification Issued by the Civil Status to Renew the Validity of Some Categories of Customers' Ids
Referring to SAMA Circular No. BCI/103 dated 19/02/1429 H based on the letter of His Excellency the Undersecretary of the Ministry of Interior for Rights Affairs No. 1/5/3/27694 dated 12/02/1429 H regarding the requirements for opening and managing the accounts of "mentally disabled retirees, interdicted persons, patients who do not hold appropriate or invalid identities, and prisoners in serious cases", which includes that in the event that any of the above-mentioned categories cannot attend the civil status departments, their guardians may personally refer to the Director of the Status Department in the region or governorate in which he resides to investigate and decide on the case. In reference to SAMA's receipt of inquiries from some banks about the submission of legal representatives for some of their customers (sick, disabled, prisoners or interdicted) a notice issued by some civil status departments to renew the customer's national identity card and not to issue it due to the circumstances of the customer's inability to personalize the department, and they request to update the data of their agents' accounts with the bank that were previously frozen due to the expiration of the identity validity and its continued operation under those notices.
We inform you that SAMA has received a telegram from His Excellency the Undersecretary of the Ministry of Interior for Civil Status No. 23095 dated 06/05/1432 H stating the occasion of accepting the notice submitted by the legal representative or guardian of the bank customer after ensuring his safety, in addition to those Saudi citizens residing outside the Kingdom who are proven unable to attend.
To take note and act accordingly, and to ensure the integrity of the notice issued by the Civil Status Department, and to fulfill the legal power of attorney for account management, and the guardianship deed in the event that the applicant is the guardian of an incapacitated customer.
Amendment to Section 3 From Rule # 4 From the Third Amendment from Rules for Opening and Operating Bank Accounts
This section is currently available only in Arabic, please click here to read the Arabic version.Differentiating Between the Type of Commercial Licenses for Expats in the Kingdom
SAMA has received inquiries from some banks on how to differentiate between the commercial register that is issued in accordance with the foreign investment law contained in the requirements of Rule No. (300-1-4) and the commercial register that is issued to institutions and companies owned by resident foreigners who are authorized to practice business and are not covered by the foreign investment law contained in the requirements of rule No. (400-3) stipulated in the third amendment to the rules for opening and operating bank accounts under the circular No. 55777/BCI/777 dated 16/12/1430 H.
We inform you that SAMA has addressed the Ministry of Commerce about the inquiry referred to above, and SAMA has received the letter of His Excellency the General Director of the Commercial Register No. 19260 dated 30/10/1430 H stating that the commercial register of the institution or company licensed by the General Investment Authority in accordance with the Foreign Investment Law is stipulated in the activity field the phrase (under the license of the General Investment Authority), and this phrase does not exist other than this type of records.
Changing of the Name of Village Complexes to Municipalities
SAMA received the letter of His Excellency the Undersecretary of the Ministry of Finance for Financial Affairs and Accounts No. 94804 dated 05/11/1430 H in response to the letter of SAMA No. 826 /N/MAT dated 24/10/1430 H based on the letter of His Excellency the Undersecretary of Riyadh Region for Municipalities Affairs No. 18068 dated 11/09/1430 H attached to the copy of the decision of His Royal Highness the Minister of Municipal and Rural Affairs No. 5477 dated 28/07/1430 H referring to the law of municipalities and rural areas issued by Royal Decree No. (M/5) dated 21/02/1397 H, and the decision of the Ministers No. 214 dated 29/06/1430 H transforming village complexes into municipalities. It includes the approval of amending the names of all accounts for village complexes opened at the branches of SAMA and banks operating in the Kingdom to the new name (Municipality ...) instead of the name of the village complex.
Therefore, we hope to amend all the names of the accounts of the village complexes opened with you from the name (village complex .....) to (municipality of .....) and inform the customers of the accounts (secretariats of the regions) of the amendment.
To take note and act accordingly, and to report on what is taken.
Failure of Banks to Comply with Paragraph (11-1-2) of the Account Opening Rules
This section is currently available only in Arabic, please click here to read the Arabic version.Using Names That are in Passports Instead of Iqamas in Case there is a Difference
SAMA received a telegram from His Excellency the Minister of State for Foreign Affairs at the Ministry of Foreign Affairs No. 93/41085/1 dated 1/4/1430 H regarding the freezing of banks accounts of some embassy employees and asking them to amend the name in the identity card granted by the Protocol Department at the Ministry of Foreign Affairs to match the name in the passport, which includes the statement that due to the limited space allocated for writing the name in the card and the length of some names of mission employees, the full name cannot be written on the card, and in order to avoid repeated requests from banks to write the full name, His Excellency wishes that banks be satisfied with filling in the full name written on the passport.
Therefore, we would like to inform you that in the event that the full name is not written in the residence card issued by the Protocol Department at the Ministry of Foreign Affairs in accordance with what is written in the passport of customers who maintain accounts with banks or wish to open bank accounts, banks are allowed to write down the full name according to what is written in the passport, and keep a copy of it and the residence card certified by the bank in the customer's file and complete the rest of the other data of the required residence card in accordance with the rules for opening accounts and customers are not required to amend the name in the residence card granted by the Protocol Department at the Ministry of Foreign Affairs only.
Printed IBAN Account Formats
In order to achieve and maximize the benefits and advantages of IBAN and increase its usage, banks should improve and ease the readability of the IBAN when presented to customers. Lately, SAMA has noticed that some banks don’t present a readable IBAN structure when it’s provided to their customers through all customer correspondents’ channels such as statements, brochures, etc.
The document entitled "IBAN Standards in Saudi Arabia” sections 4 states that “in a printed format the IBAN structure shall remain, but the IBAN should be printed in groups of four characters and each group should be separated by a blank space or dashes.”
EXAMPLE
Printed IBAN: SA39 1500 0999 1031 4343 0001 Electronic IBAN: SA3915000999103143430001 Please make sure to adopt this practice when presenting IBAN accounts for your customers.
For more information, please visit SARIE documentation website for all related IBAN documents.
Updating the Data of Licensed Money Exchangers Operating in the Kingdom
This section is currently available only in Arabic, please click here to read the Arabic version.Renaming of ‘Saudi Red Crescent Society’ to its New Name ‘Saudi Red Crescent Authority’
SAMA received the telegram of His Excellency the Minister of Finance No. 1/10087 dated 26/12/1429 H based on the telegram of His Highness the President of the Prime Minister's Office No. 50476/B dated 25/12/1429 H attached to the Council of Ministers Resolution No. (371) dated 24/12/1429 H to change the name of the Saudi Red Crescent Society to become "Saudi Red Crescent Authority".
Therefore, we hope to take note of replacing the name of the Saudi Red Crescent Society with the name of the Saudi Red Crescent Authority, and to adopt this new name in all of its accounts opened with you, current and future.
Amending Section 3 From the Circular # 107 (MAT) Dated 23-2-1429, Related to Rules for Donating Halalas to Charity Organizations
This section is currently available only in Arabic, please click here to read the Arabic version.Allowing the Secretary General of the World Islamic Youth Symposium to Sign the Symposium's Accounts Instead of the Symposium President
This section is currently available only in Arabic, please click here to read the Arabic version.Updated Account Statistics
Rreferring to Rule No. (4) of Section II (Supervisory Rules) of the Rules for Opening Bank Accounts in Commercial Banks and the General Rules for their Operation notified to banks operating in the Kingdom under Circular No. 5555/BCI/95 dated 8/2/1428 H on "Updating Account Data". As well as reference to circular No. MAT/285 dated 29/10/1424 H regarding the evaluation of the updated accounts of bank customers according to the table attached hereto.
We hope to provide SAMA with the following:
Statistics of the updated accounts as at the end of September 2008 on a floppy disk according to the table in force attached to the circular of SAMA referred to above, within two weeks from its date. Provide SAMA with a semi-annual report that includes statistics of updated accounts as at the end of June and the end of December of each year, starting from 2009.
Maintain the extension of the time limit for freezing some of the non-updated government accounts that were identified pursuant to Circular No. 39604/MAT/604 dated 12/11/1426 H until you are informed of what action should be taken regarding them from time to time.
Open Accounts and Banking Services for Prisoners
SAMA received the letter of the Director of the Asir Prisons Department No. 9/2814/25 dated 5/7/1429 H stating that the banks of the region refuse to provide banking services to prison inmates in various governorates, violating the requirements of the instructions issued by SAMA to banks operating in the Kingdom, which stipulated that the main teller in the branch, customer services officer or a higher official be assigned to go to the security vehicle outside the branches headquarters, meet prisoners and enable them to conduct operations and services provided by banks, as branch employees are still requesting the prisoners’ personal information to the branch headquarters, despite the difficulty of bringing the prisoners down while handcuffed and taking turns among the reviewers, and the risks and security warnings that this entails.
Therefore, SAMA hopes to fully comply with Rule No. (200-1-1) of the Rules for Opening Bank Accounts in Commercial Banks and the General Rules for their Operation notified to banks operating in the Kingdom under Circular No. 5555/BCI/ 95 dated 8/2/1428 H regarding "Saudi Citizens / Prison Inmates", which stipulated the opening of accounts for prison inmates when they apply to banks accompanied by security guards affiliated with the General Administration of Prisons, and to obtain from the guards a letter from the prison administration in the city where the prison is located addressed to the branch clarifies the prisoner's name, ID number and desire to open the account, so that the main teller in the branch, customer services officer or any higher official is assigned to the security vehicle outside the branch headquarters, meeting the prisoner and completing the account opening procedures, indicating the presence of the prisoner customer in prison on the date of the account opening request and enabling the customer to conduct operations and services provided by the bank, which also stipulated that the prisoner is allowed to manage and operate his account with the same mechanism and procedures, and if the prisoner is a woman, the prison administration's letter is accepted as her identification if she does not present her personal status card or passport as her identity and allows and signs consent to be photographed.
To inform and notify all branches of this and to confirm full compliance with the provisions of the controls referred to above.
Allowing Charity Organization to Collect Donations
This section is currently available only in Arabic, please click here to read the Arabic version.Rules for Donating Change Money by Shoppers to Charity Organizations
This section is currently available only in Arabic, please click here to read the Arabic version.Approving the Use of National ID which is Issued from the Central Issuing Agency for IDs
Further to SAMA Circular No. 11482/MAT/133 dated 21/04/1425 H based on the letter of His Excellency the Minister of Finance No. 1/5623 dated 12/04/1425 H based on the Ministry of Interior Circular No. 562/C H dated 05/04/1425 H, referring to the start of issuing national identity cards and approving their acceptance along with the civil status card.
We inform you that SAMA received the letter of His Excellency the Minister of Finance No. 1/403 dated 14/01/1429 H, to which a copy of the Ministry of Interior supplementary telegram circular No. 271/C H dated 05/01/1429 H includes that within the framework of raising the level of identification documents issued by the Ministry of Interior to citizens and benefiting from technological means in designing and printing these documents and adding more security protection to them, the issuance of the (national identity card) has been started through the central printing system for personal documents, which allows the application of High security, as the citizen's data and photo are printed in black and white using laser engraving, and this card also contains the same data as the (current) national identity card, including the light strip on the back of the card, which contains a picture, name and number of the cardholder in a visible manner that cannot be modified, deleted or added to, and the back side also includes the smart chip that will be activated later to accommodate many applications that can relieve the citizen in the future to carry a number of other cards. The Ministry of Interior hopes to adopt the acceptance of the national identity card in its aforementioned form, while continuing to work with the current civil status documents until the issuance of instructions to stop working with them.
Therefore, we hope to take note and approve the acceptance of the (National Identity Card) in its aforementioned form as an identification document for citizens in cases where it has been stipulated to accept (Civil Status Card and National ID) as an identification document, in accordance with what was stated in the second amendment for opening and operating bank accounts in the Kingdom under Circular No. 5555 /BCI/95 dated 08/02/1428 H, while continuing to work with the current civil status documents until the issuance of instructions to stop working with them.
Account Opening Procedures for Tribes in ِAl Robe' El Khali
Further to SAMA Circular No. 5555/BCI/95 dated 8/2/1428 H for the second update of the rules for opening bank accounts in commercial banks and the general rules for their operation.
In reference to the contents of Rule No. 200-1-1 of Clause III in those Rules on the Accounts of Rub' al-Khali tribes which stipulates that they are allowed to open bank accounts in Saudi Riyals and foreign currencies in accordance with the following conditions:
- A copy of the permit issued to the individual from the Najran Region passports, including the name of the permit holder, his passport number, date, source, and the personal photo of the owner stamped with the official stamp. This statement is the basis for dealing.
- A copy of the Saudi passport.
- Linking the validity of the permit to the date of the Saudi passport when establishing and updating the account.
- Complete other personal data stipulated by the requirements of the rules of this manual.
- Matching the copies with the originals and signing the copies with matching and their validity by the customer and by the employee with comparison and matching.
We would like to note that SAMA received the telegram of His Royal Highness the Minister of Interior No. 97687 dated 9/11/1428 H addressed to His Royal Highness the Governor of Najran Region, and a copy to it to SAMA, stating that it approved the exemption of members of Rub' al-Khali tribes from the instructions and the acceptance of their Saudi passports as proof of identity for movement and work and to review the banks until the study of their situation is completed.
Accordingly, we inform you that it has been decided to amend the requirements for opening bank accounts for this category of customers to become the requirements of their rule referred to above as follows:
They are allowed to open bank accounts in Saudi Riyals and foreign currencies according to the following conditions:
- Obtain a copy of the Saudi passport, to be photographed by the bank employee.
- Approving the expiry date of the Saudi passport upon account establishment and subsequent updates.
- Complete other personal data stipulated by the requirements of the rules of this manual.
- Matching the images with the originals and signing the images with matching and their validity by the customer and by the employee by matching and matching.
To inform and notify all your branches to act accordingly.
Account Opening Procedures for Military Scholarships
This section is currently available only in Arabic, please click here to read the Arabic version.Procedures for Disbursing Funds from Charity Organizations
Further to SAMA Circulars No. 18721 / MAT / 227 dated 29/8/1424 H, and No. 12299 / MAFT/201 dated 28/3/1426 H, which include a request to open special accounts for beneficiaries of charitable organizations subsidies inside the Kingdom, and to issue an ATM card for each beneficiary for whom an account is opened, and not to require financial limits or a specific balance for those accounts.
Referring to the receipt of a number of complaints to SAMA by some charitable organizations and some beneficiaries of the associations' subsidies, including the failure of banks to respond to the opening of accounts for the beneficiaries of the subsidies of those associations as soon as required, SAMA stresses the importance of opening accounts without conditions, in the service of this segment of society. In addition to the importance of expanding banking culture among all segments of society.
In the interest of SAMA to address the difficulties faced by charities regarding the disbursement of subsidies to beneficiaries within the Kingdom and to facilitate matters to beneficiaries, and in a manner that ensures the achievement of the regulatory requirements related to customer knowledge and documentation of operations, SAMA considers that in the event that the rules contained in SAMA Circular No. 18721/MAT/227 dated 29/8/1424 H referred to above cannot be applied, one of the following disbursement mechanisms can be applied to beneficiaries of charitable organizations subsidies within the Kingdom:
- Cheques issued by charitable organizations should be cashed directly to the first beneficiary of the subsidy without the requirement to deposit them in the beneficiary's account, taking into account the regulatory requirements of knowing the customer.
- The bank coordinates with charitable organizations to develop a specific mechanism whereby the bank issues a special ATM card for each beneficiary, and it is replenished through those associations to these beneficiaries at the date of entitlement to the subsidy.
We hope to adopt the work according to it, with SAMA stressing the need to quickly correct any violations at any of your branches operating in the Kingdom, and to report on the action taken in this regard.
Private Charity Endowments
This section is currently available only in Arabic, please click here to read the Arabic version.Validating ID for Saudi Women Customers
SAMA received the letter of His Excellency the Minister of Finance and National Economy No. 1/4602 dated 5/4/1423 AH based on the circular of His Royal Highness the Acting Minister of Interior No. 56 / T H dated 28/3/1423 AH containing that the identity of Saudi women is proven through the documents mentioned in the circular and shown below:
- The family book in which she is registered belongs to her father or husband.
- Her national ID.
- Status card for women who request it, which has been issued through the women's sections of some civil status departments.
His Highness' circular also included an emphasis on departments and authorities dealing with women to work as follows:
- Women are dealt with by women.
- The woman's card shall not be photographed in any case, and only her number and source shall be recorded.
- In cases where the woman does not have a card, her identity is verified as is the case and through the approved documents (family book or national ID) or a certified copy of her civil registry.
Rules for Opening Accounts for Companies in Import-Export Region
SAMA received the letter of His Excellency the Minister of Finance and National Economy No. 1/10818 dated 2/9/1422 H in response to SAMA's letter No. 1953 dated 26/8/1422 H regarding allowing foreign companies licensed to deposit and re-export to open accounts in local banks in accordance with the following controls:
- Obtaining a lease contract in the deposit area from the Saudi Development and Re-export Company (the concessionaire for leasing in the deposit area) certified by the Chamber of Commerce and Industry and the port management.
- A valid commercial registration from the country of origin with a clear address of the company.
- Identification from a bank in the country of origin of the leasing company.
- The persons authorized to manage the accounts of the rented company must be either Saudi nationals or have valid residency.
- The lessee shall specify the purpose of opening the account in a letter addressed by him to the bank.
- The account shall be closed immediately upon the expiry of the lease period and the lessor shall be provided with evidence thereof.
Accordingly, SAMA hopes to abide by the above-mentioned controls when applying for the opening of accounts for these companies.
Rules for Handling Deposits of Individuals' Having Prior Criminal Record of Drug Dealing
SAMA received the letter of His Excellency the Minister of Finance and National Economy No. 1/3206 dated 12/3/1421 H attached to it a copy of the Council of Ministers Resolution No. (47) dated 18/2/1421 H informing of a copy of the letter of His Highness the President of the Prime Minister's Office No. 3824 / R dated 28/2/1421 H stating the following:
First: Deposit the seized amounts with the defendants in drug cases with commercial banks in the name of the directors of the anti-narcotics departments until judicial rulings are issued in their regard, in accordance with the procedures and conditions agreed upon between the Minister of Interior and the Minister of Finance and National Economy.
Second: Transfer the amounts referred to in item (first) and the value of objects for which judicial rulings are issued for confiscation in drug cases that are not considered in accordance with the customs law, to SAMA, to be deposited in a separate account from which to be disbursed on the needs of the General Directorate for Drug Control in accordance with the procedures and conditions set by the Ministry of Interior in agreement with the Ministry of Finance and National Economy and the General Audit Office.
Third: The provisions mentioned in item (second) above shall apply to the amounts and value of objects for which judicial rulings have been issued for confiscation in drug cases, deposited with commercial banks in the name of drug control departments before the effective date of this decision.
We hope to take the necessary action and act accordingly.
Open Current Accounts Without Stipulating a Minimum Amount
SAMA has noticed from inspection visits and client complaints that some banks refuse to open current accounts for less than a specific minimum and that they close current accounts that fall below a certain minimum.
Since the banking sector is considered one of the most important service sectors for various clients and beneficiaries; and since opening current accounts is considered one of the factors that assist in banking and investment development and participate in increasing the savings and income of citizens and facilitate their activities, and, at the same time, allow the banks to market their services and broaden their client base,
SAMA, therefore, calls on all banks to open current accounts without stipulating a minimum amount, and to maintain such accounts as long as they are active and not closed at the request of the client, without any consideration to the balance therein. Banks can only charge the bank fee of SR 15 every 6 months to current accounts that have a balance less than SR 1000. As for non-active accounts, they should be treated as per the instructions of Banking Control in this respect.
We wish to inform you that Saudi Central Bank shall take necessary action against any bank that violates such instructions in the future and shall send examiners to verify such violations.
Consolidation of your SAMA Accounts
In preparation for the implementation of the Electronic Funds Transfer system, agreement has been reached at the Bank Operations Officers Committee to implement the following:
- Close all your current accounts at the SAMA branches on Thursday 14 September 1995G. at the end of the workday. Banks will transfer all their balances to one account at the SAMA Head Office.
- Instruct your Regional Offices to reconsolidate your account with our SAMA Branches. All claims must be settled within 15 days of receiving your account statement. If no claims are brought forward, the balances will be final.
- All correspondence and instruction relating to your account at SAMA Head Office should be addressed to Government Accounts Department (Bank Account Section) starting from Saturday, 16 September 1995G.
- Provide Government Account Department, Bank Account Section at SAMA Head Office a list of authorized names at signatures of each your Regional Office specifying maximum amount that each Regional Offices can transact at each of the SAMA branches.
- Cash withdrawal transactions from your SAMA account must be by cheques drawn on your account at SAMA Head Office and within the authorized limit of your Regional Offices.
- All government revenues collected by your Banks and deposited at SAMA branches should be via cheques drawn on your consolidated account at SAMA Head Office. These cheques should be accompanied by a letter stating the type and revenue collecting government agency and beneficiary.
- All cash deposits at SAMA Branches will be credited to your consolidated account after inspection and count.
- All government cheques presented to the SAMA Branches will be cleared through the clearing house.
Please follow the above.
Requesting Confirmation from the Branches to Authenticate the Account Statements Received from SAMA's Branches
It has been noticed that some bank branches delay the certification of their accounts opened with SAMA branches for 2 or 3 months. This delay leads to another delay in reviewing the accounts and discovering errors, if any,
SAMA calls on you to certify account statements received from SAMA branches within 15 days from the date you receive them.
Cheques
Checks Holding Full Names Consisting of Only Two or Three Parts
In reference to some banks' inquiries regarding the disbursement of government checks issued with dual or triple names by the Ministry of Finance and government agencies.
We inform you that it has been agreed between the Ministry of Finance and SAMA, as of the beginning of the fiscal year 1435/1436 H, not to issue checks to order beneficiaries with dual, triple or followed names with phrases that make it difficult to determine the name of the beneficiary and direct the beneficiary to review the drawer, and accordingly we hope to take into account the following:
- Returning government checks issued to the order of beneficiaries with dual, triple or triple names or followed by phrases that make it difficult to determine the name of the beneficiary and directing the beneficiary to review the drawer to amend them.
- Cashing expatriate cheques if the name of the beneficiary in the cheque is identical to his identity, provided that the bank keeps a copy of that signed by the beneficiary.
Adherence to Updated Check Clearing House Instructions and Specifications
This section is currently available only in Arabic, please click here to read the Arabic version.Commitment to Accepting and Cashing New Issuances of Traveler’s Checks in Saudi Riyals
In confirmation of the previous circulars of SAMA which included a request to commit to accepting the cashing of Saudi Riyals traveler's checks issued by the Saudi traveler's Checks Company, we inform you that in support of the Saudi Riyal Traveler's Cheque, SAMA calls on all banks operating in the Kingdom and all licensed money changers to abide by the following:
- Cashing traveler's checks in Saudi riyals (old and new) as soon as they are presented by their holders, including pilgrims, Umrah performers, visitors and citizens, without any obstacles or imposing any commissions.
- Compensating the owners of shops, hotels and other service companies with the value of checks accepted by the company's customers immediately in exchange for their sales or services.
SAMA stresses the importance of compensating entities that accept traveler's checks in Saudi riyals immediately to enhance their credibility and encourage their acceptance, and SAMA hopes to inform all your branches of this circular to act accordingly, and to report what has been taken within ten days from its date.
Requesting All Required Information from the Withdrawer When a Slip for Dishonored Check is Presented
Referring to SAMA Circular No. MAT/796 dated 23/12/1429 H which provides for the new objection paper form that the branches of SAMA and banks operating in the Kingdom should work with, and the supplementary Circular No. MAT/5824 dated 06/03/1431 H regarding the emphasize to all Banks operating in the Kingdom the necessity of using the new form for slip of dishonored cheque.
We would like to note that SAMA has noticed that some bank branches and clearing centers do not provide all the information and data of the drawer that is required to be recorded on the objection paper before delivering it to the beneficiary, which has caused obstruction of justice when dealing with such cases.
Based on the above, SAMA would like to emphasize the need to direct concerned employees, when any of the cases mentioned in the objection paper occur, which prevent the cheque for being cashed, to write an objection paper to be delivered to the check holder immediately, including all the drawer's information and data of the drawer, and not to procrastinate for any reason whatsoever. Assigning the Audit Department to prepare a report on all objection papers issued by the clearing departments and branches starting from 1/1/1432 H until the end of the year, including an inventory of the objection papers issued, the number of papers that do not meet the data, information, corrective actions, and the penalties taken regarding violating employees, and providing SAMA with it no later than the end of March 2012.
Cases Where Amounts Mentioned on Cheques in Words and Numeric are Different
This section is currently available only in Arabic, please click here to read the Arabic version.Checks for Service Fees and Fines Issued by Banks to the Order of SAMA
In reference to bank checks issued by banks to the order of SAMA at the request of a citizen or resident in return for fees for some services or fines incurred by any of the government agencies, and since banks request the (Order: who requested the bank to issue the check) when requesting the return of the value of those checks in the event of loss or reversal of the service request to review SAMA to bring proof that they were not submitted for cashing, SAMA has studied the treatment of these checks in a manner that does not conflict with the instructions regulating them, and accordingly, we inform you that banks must address the above-mentioned issue as follows:
1- Return the value of the cheques issued to the order to SAMA/to the (Orderer) upon the request and present the original cheque. 2- Returning the value of the checks issued to the order of SAMA in the event of their loss to the (orderer) or issuing a replacement for them according to his request, after the expiry of the deadline for submission specified in the Commercial Papers Law (7) months, and that the (orderer) submits an objection paper in the payment of a lost check that includes that the bank has the right to cash the value of the check to the first beneficiary in the event that it is submitted for disbursement on the date of submission without refererring to the applicant for issuing the check, and taking a pledge from him that in the event of otherwise, he will be subject to what is stated in the text of the article No. (118) of the Commercial Papers Law. To take note and act accordingly within a month from its date, and to report on what has been taken.
Rules for Handling Cases Where Amounts Mentioned on Cheques in Words and Numeric are Different
This section is currently available only in Arabic, please click here to read the Arabic version.Supplementary Circular - The Cheque Shall Include the Place of Issue and the Name of the City in Which the Drawer Resides in Addition to his Name
This section is currently available only in Arabic, please click here to read the Arabic version.Circular for All Banks Operating in the Kingdom Regarding the Slip of Dishonored Cheque Form
Reference to SAMA Circular No. BCI/9 dated 7/01/1424H, attached with the Slip of Dishonored Cheque form for the certified cheque to be used.
We would like to inform you that SAMA has re-examined the terms of the Slip of Dishonored Cheque form that was communicated to the banks through the aforementioned circular. This was done in collaboration with the Banking Operations Committee, the Commercial Papers Committee, and the Legal Department of the Ministry of Commerce and Industry. As a result, some amendments have been made.
So, we attach a copy of the new form for Slip of Dishonored Cheque, that should be applied and used by the branches of SAMA and the operating banks in the Kingdom, which should be attached when returning the cheque to the clearing house or to the customer submitting the cheque, for each cheque individually. We would also like to point out that the responsibility of verifying the legitimacy of the cheques submitted to the banks, including the verification of valid legal authorizations, inheritance papers, guardianship and custody documents, identity verification documents, account registration documents, and preservation of such documents, lies entirely with the banks before submitting the cheques to the clearinghouse. The banks also bear the responsibility for any violations that may arise thereafter.
Therefore, we hope to adopt and implement it on your official documents starting from 01/01/1430H. and notify SAMA (Banking Inspection Department) with a copy of the actions taken.
Excluding Government and Semi-Government Entities from Providing the Declaration Specified in the Form of Objection to the Payment of a Check Lost by the Drawer
This section is currently available only in Arabic, please click here to read the Arabic version.Prohibiting Check Issuance for Government Revenue or Fines with Names of Individual
SAMA received a copy of the letter of His Excellency the Acting Undersecretary of the Ministry of Finance for Revenue Affairs No. 68388 dated 23/8/1429 H regarding the observation that customers issue bank checks representing revenues or fines to the state in the names or jobs of officials of government sectors, and this is contrary to the requirements of paragraph No. (6) of Chapter Two of the instructions for collecting and depositing revenues, which stipulated that bank checks shall be ordered by the Ministry of Finance to handle the head of the entity or his deputy.
Therefore, SAMA hopes that bank checks representing revenues or fines for the state will not be issued in the names or positions of government sector officials, as they should be issued to the Ministry of Finance to handle the head of the entity or his deputy.
To inform and notify all your branches to act accordingly.
Cashing Lost Cheques when Presented
Given that SAMA has noticed the multiplicity of complaints related to the grievance of customers (beneficiaries) against the refusal of banks (drawee) to cash personal checks due to the presence of instructions from customers (drawers) to stop the payment of these checks on the pretext of loss (missing) of those checks in exploitation of the relevant articles of the Commercial Papers Law, including Article No. (105) of the Commercial Papers Law, which states that "The drawee shall pay the check, even after the expiry of the period prescribed for presentment thereof. The drawer may not object to payment of the check prior to the expiry of the period prescribed for presentment thereof except if it is lost or its holder becomes bankrupt or incompetent" and that there is a need to issue instructions to limit this phenomenon.
Therefore, SAMA addressed the Ministry of Commerce and Industry under letter No. 1727 /MZ/M A T dated 20/11/1426 H regarding this matter and SAMA received the letter of His Excellency the Minister of Commerce and Industry No. 2561/11 dated 4/7/1427 H to the effect that His Excellency shares SAMA's opinion regarding this phenomenon and the exploitation of the text of Article No. (105) of the Commercial Papers Law, and that His Excellency agrees with SAMA in issuing instructions that limit the violations mentioned in those complaints.
Based on SAMA's keenness to enhance confidence in dealing with cheques as a tool to fulfill financial obligations in commercial transactions, to prevent manipulation of regulations and exploitation by fraudsters and bad faith, and to avoid the regulatory liability and penalties that may fall under the penalty of both the drawer and the bank (drawee) stipulated in Articles No. (108, 118 and 119) of the Commercial Papers Law.
We inform you that the cases in which the cheque is considered lost referred to as lost in the text of Article (105) of the Commercial Papers Law are the following cases:
1) If the personal cheque is lost from the drawer before he delivers it to the beneficiary.
2) If the banker cheque is lost from the person issuing it before it is delivered to the beneficiary.
3) If the cheque, whether personal or banker, is lost from the beneficiary before cashing it from the bank.
In order to achieve the positive application of the above-mentioned article, the bank shall, in the event that the customer who draws the cheque submits to him to report the loss of a cheque that he had previously written to one of the beneficiaries, the bank shall ask him to issue an objection paper in payment of the lost cheque that includes the cheque number, date, amount, name of the beneficiary and the circumstances surrounding its loss, and an acknowledgment that once the bank finds that the cheque is in the possession of the first beneficiary and not an appearance of others, and presents it to the bank for disbursement on the date of its submission, and the bank ensures that it is complete. The formal conditions of the cheque, the validity of the drawer's signature, and the availability of the value of the cheque in the account of the customer (drawer), the value of the cheque will be paid to the beneficiary directly without reference to the drawer, and that the objection paper shall include a reminder of the drawer of what is stated in the text of Article No. 118 of the Commercial Papers Law, and a sample of an objection paper shall be attached in the payment of the check.
To review and act accordingly and apply the objection paper form in the payment of the lost cheque by the drawer, noting that SAMA will study and address similar complaints received and take the necessary corrective measures in this regard.
The Indication of the Place Where the Check Was Issued the City in Which the Drawer Resides
SAMA has noticed that the checks issued by banks to their clients do not include the place of issuance, nor do they reference the address next to the name of the drawer.
Since the place of issuance of a check is one of the mandatory details stipulated in Article 91 of the Commercial Papers Law, and since Article 92 of the same law states that a check devoid of the mandatory details mentioned in the previous article is not considered a check except in two cases, one of which is if the check lacks the place of issuance, it is deemed to have been issued at the location specified next to the drawer.
Therefore, in the absence of the place of issuance, a check may lose its value as a commercial instrument, leading to potential damages. SAMA hopes that this will be considered when issuing new checkbooks for your clients, ensuring that the name of the city where the bank client resides is added alongside their name on the check.
The New Model for Objection slip on cheque Form - 2003
Based on the proposal submitted by SAMA branch in Riyadh to change the current Objection slip on cheque form, which is outdated and no longer serves its purpose, a task force was formed from the SAMA and some local banks. This team concluded that a new unified form should be prepared for use by both the banks and SAMA branches, taking into account the technological and procedural developments in banking.
We have attached a copy of the new Objection slip on cheque form, which should now be used by SAMA branches and banks operating in the Kingdom. It must be included when returning a cheque to the clearinghouse or to the client who submitted the cheque, for each cheque individually. We hope that it will be approved for implementation in your documents one month from its date. We would also like to emphasize that the responsibility for verifying the legality of cheques presented to banks—including the validity of powers of attorney, inheritance certificates, guardianship documents, and identity verification documents for the relevant account—lies entirely with the banks prior to submitting the cheques to the clearinghouse. Additionally, the banks are responsible for any violations that may arise thereafter.
Cheques Containing "handling" Statement
Referring to the banks' inquiry on this subject, we inform you that the check drawn by one of the assigning bodies to the order of the contracting contractor and in which the phrase "handling such and such a bank" is mentioned after the contractor's name shall be subject to the provisions of a specially crossed check with a special underline and shall have the same effects, and such a check may be circulated by endorsement whenever it is a check to the order, and in accordance with the directives of the Ministry of Finance and National Economy in its letter No. 611/2/ H dated 3/4/1492 H, the mention of the word "handling" or "by" in the check means that the authorized person to receive the check's amount is the name that appears after one of the two words.
SAMA sees no justification for reversing the "handling" formula, which may appear in cheques that represent ceded receivables to banks, because that formula is sufficient to preserve the rights of banks, and because custom has been settled on it, and it is a custom that does not violate the law.
To take note, adopt and act accordingly.
Acceptance of E-signature on Payroll Cheques
SAMA received the letter of His Excellency the President of the General Audit Bureau No. 1/1 /O dated 1/1/1417 H attached to the letter of His Excellency the Minister of Finance and National Economy No. 12/12535 dated 27/10/1416 H regarding the approval of His Excellency to SAMA to baptize banks that pay the salaries of state employees by accepting E-signatures on payroll checks for entities that wish to apply this method, provided that they are stamped by the financial affairs in those government departments.
Whereas the NAO requested to be provided with a statement of the names of the entities for which SAMA has approved the automatic copies of payroll cheque signatures and future approvals.
Therefore, we hope that your specialists will provide us with the names of the entities that implement automatic printing of signatures on checks, and this is urgent for importance.
Non-Objection of the Central Bank to Accepting Electronic Copies of Signatures on Salary Checks from Authorized Signatories for Government Entities
SAMA has received the letter of HE the Minister of Finance & National Economy No. 12/12535 dated 27-10-1416, to the effect that HE has approved the acceptance of electronic signature on salary checks issued by government agencies that desire to use this method, provided checks are stamped by the competent Financial Affairs Department and under its own responsibility, until the committee which is studying the electronic deposit of salaries is through with its research on the subject and is out with a definite decision to be communicated to all concerned parties.
Please inform your people in charge that electronic signatures on salary checks by government agencies that wish to use this method are acceptable, once stamped by the competent financial department under its own responsibility.
Follow-up Circular - Non-Objection to the Printing of Magnetized Checks Specific to the Unified Account of Each Bank
Further to SAMA circular No. 6497/BCL/254, dated 21/5/1416 H., regarding its non-objection to the printing of magnetized checks related to the consolidated account of each bank, if the bank so desires, provided SAMA’s prior consent on the check sample must be obtained before printing, and provided further that the use of such checks must be limited to your withdrawals from and payments to Saudi Central Bank and other government departments and agencies.
We attach herewith a sample of the check to be used for the above-mentioned purposes. We wish to inform you that the approval of the sample by Saudi Central Bank must be obtained before printing.
For your info and acting accordingly.
Non-Compliance by Some Banks with the Saudi Central Bank's Instructions Requiring a Handwritten Signature for Cashing Checks
SAMA was informed that some local bank branches are cashing the salaries of some government employees through checks that carry the seal of the government agency but not signed by hand.
Since this action is in violation of our circular No. 12655/BC/633 dated 21-10-1415 H. which states in the 4th paragraph that 'commercial banks ought not to accept any check that carries a single signature or seal and is not signed by hand', Saudi Central Bank would like you to comply with this circular and notify all your branches to act accordingly.
Non-Objection to the Printing of Magnetized Checks Specific to your Unified Account
Re SAMA circular sent to you on 27/3/1416 H, regarding the consolidation of your current accounts with SAMA in one single account with the head office; and whereas paragraphs (5) and (6) of said circular provided that your cash withdrawals and deposits of collected government revenues should be handled through checks drawn on the consolidated account.
We wish to inform you that SAMA has no objection that you print magnetized checks for your consolidated account, if you so desire, provided prior approval by SAMA is obtained and the use of such checks is limited to your withdrawals from and payments to SAMA and government agencies.
Please be informed and act accordingly.
List of Banking Transaction Codes
Re statistical reports on clearing sent by SAMA branches to the head office, it was noted that a large number of banker checks are recorded and coded as personal checks, thus effecting the accuracy of such reports.
You are required to remind those in charge of such reports that banker checks must carry the figure (08) in the operation code space which represents:
- Checks drawn by local banks on Saudi Central bank branches
- Checks withdrawn by/at Saudi Central bank's Head Office by/on Saudi Central bank branches.
- Checks drawn by a Saudi Central bank branch on another Saudi Central bank branch
- Checks drawn by local banks on their branches.
We hereby attach a list of banking operating codes allowed to be coded in said space in accordance with the relevant method, hoping you comply therewith.
Type of Operation
Code
Ordinary Check
Ordinary Check
Ordinary Check
Back package method Returned check
Certified check
Bankers check
Travelers check
Front package method
Uncoded blank space
Zero
1
2
5
7
8
9
12
Approval for the Endorsement of Salary Checks for Women Employed by the General Presidency for Girls Education
Further to our circular No. BC/183 dated 20-7-1405H, regarding the use of checks in paying civil servants salaries through local banks and article (6) thereof which describes such checks as 'non-endorsable except to banks', and
Whereas the majority of beneficiaries of checks issued by the General Presidency of Girls Education are women and their cashing methods are different from those of men.
HE the Minister of Finance & National Economy has agreed, in his letter No. 13/1889 dated 11-3-1411 H to HE the President of the General Presidency (with a copy to Saudi Central Bank) that salary checks of women and Presidency Female Staff may be endorsable as an exception to the rule.
Hence a female beneficiary of such check may cash the check at the drawee bank by presenting her ID, such as passport, or deposit the check for account at the bank. She may also endorse the check on its back to another person who may either cash it at the drawee bank or deposit it thereat in his A/c. It is preferable that the endorsement be as follows: 'To the order of, name of beneficiary and signature, subject to article (6) above-mentioned circular to the effect that checks must be cashed within one month from the date of issuance.
Not Accepting Expatriates' Drafts or Issuing Checks to them Unless their Iqamas are Valied
SAMA wishes to confirm its previous circulars regarding not accepting expatriates' drafts or issuing checks to them unless their Iqamas are valid and sufficient information on them is taken. You are also required to notify the closest criminal investigation office or police department, via the most expedient means, about any request to transfer money abroad if it looks abnormal or suspicious, before the transfer is made, so that necessary action is taken in this regard.
Please stress on your branches in the Kingdom to comply with these instructions and acknowledge receipt.
The Objection Form that Should be Attached when Returning a Check to the Clearinghouse or to the Client who Submitted the Check
SAMA has received the letter of HE the Minister of Finance & National Economy No. 3/5153, dated 2/6/1406H, based on the letter of HE the Minister of Commerce No. 426/11, dated 26/2/1406H, requesting HE to instruct banks operating in the Kingdom of the following:
- Reasons for rejecting the cashing of a check should be stated clearly instead of just saying, "contact the drawer". The term in the rejection slip must be amended to read "contact the drawer as no balance is available" or "contact the drawer as no sufficient balance is available", as the case may be.
- Checks of individual establishments which have an account with the bank must include the name of the establishment owner together with the name of the establishment.
Enclosed is a copy of the rejection slip that should be attached to the rejected check when returned to the clearing house or to the client who presented the check, to act accordingly as of this date. Please acknowledge receipt and inform all your branches to comply with these instructions.
Use of Saudi Traveler Checks
In our desire to serve and develop Saudi economy and to encourage the Saudi Traveler Checks Co, being a national Company established with the approval of Saudi Central Bank and under its supervision for the purpose of issuing Saudi traveler checks, and in view of the fact that the checks issued thereby render large services and facilities to citizens, residents, travelers and pilgrims, Saudi Central bank, therefore, urges you to participate in encouraging the use of traveler checks in SR by observing the following:
1) Cashing the value of Saudi Travelers checks upon presentation to you or accepting them as deposits at the bank with value date upon presentation and not upon collection. 2) Reimbursing small shop owners, commercial firms and hotels immediately for the value of Saudi Traveler checks presented by them after having accepted these checks against certain sales or services, even if they did not have current accounts with you. 3) Facilitating the cashing of such checks by applying normal banking procedures followed in cashing traveler checks without asking the party presenting the check to fill out forms or applications. Please communicate same to all your branches to act accordingly.
Loss of Ministerial Checks
The Ministry of Finance & National Economy has requested in its letter No. 8850/190 dated 19/5/1405 H to be contacted in case of the loss of checks drawn by the Ministry.
Consequently, we call on you to send directly to the Ministry of Finance and National Economy your claims in connection with the circular related to the non-cashing of lost ministerial checks. The Ministry of Finance & National Economy shall in return, notify the Directorate General of Banking Control at Saudi Central Bank’s head office to circulate same, taking into consideration our clear instructions in our circular No. 9013/BC/114 dated 12/6/1402 H regarding lost checks.
Information that Must be Included in Letters Regarding the Loss of Checks
SAMA is receiving letters from some banks operating in the Kingdom and SAMA branches regarding the loss of checks. It is noticed that some of these letters do not contain all the data that may assist SAMA to circulate the loss of checks to all banks and SAMA branches.
We hope to receive your claims connected with the loss of checks containing the following data: check number, date and amount, the names of the drawer, drawee and beneficiary.
Warning Against the Use of Ball-point Pens
It has been noticed that ball-point pens produced by Papermit Company under the brand name 'Replay', along with possibly forged copies thereof, are available in the Kingdom. One of the features of such pens is that their ink can be easily erased with a simple rubber eraser.
Hence, we call on all banks to warn their clients against the use of such pens in writing checks so that the check may not be amended and forged after its issuance. The bank should post the warning at its premises. We further suggest that the word 'warning' be printed on the internal cover page of the check book.
Lost Checks
Saudi Central Bank has noticed the delay of some banks in answering its circulars regarding lost checks for several months. This delay causes several problems for beneficiaries and hurts their commercial dealings. For this reason, Saudi Central Bank started studying this subject to facilitate previous procedures and shift responsibility to the drawer and drawee of the lost check. To apply this approach, Saudi Central Bank hopes that you follow the following procedures:
I. Re Government Checks:
- Checks issued by the Ministry of Finance & National Economy in SR or foreign currencies
- Checks of the Retirement Salaries Authority in SR
- Checks of Government departments and agencies and public institutions in SR drawn on their accounts with Saudi Central Bank branches.
- Internal credit drafts drawn on Saudi Central Bank branches
- Checks drawn by Saudi Central Bank head office or Saudi Central Bank branches in SR and checks drawn by Saudi Central Bank branches on the head office or on other branches.
- Checks drawn by Saudi Central Bank head office and branches in SR on commercial banks.
Checks drawn by Saudi Central Bank head office and Riyadh branch in foreign currencies on their correspondents abroad.
With regard to all these checks drawer should notify drawee of the loss of the check requesting suspension of payment. Drawee has to suspend cashing the check immediately unless it had been already cashed. Meanwhile. Saudi Central Bank’s Banking Control will notify all branches and general managements of local banks to act accordingly.
To avoid the disruption of the interests of the lost check
owner, drawer has to issue another check, one month after the date of Saudi Central BankA’s circular regarding the lost check, after taking necessary commitments from the beneficiary or drawer or the party that lost the check or the party that requested the issuance of a new check, as the case may be, to return the lost check if and when found or to refund its value if it had been cashed in any manner.
Regarding checks drawn by Saudi Central Bank head office or Riyadh branch on foreign correspondents in foreign currencies, Saudi Central Bank's branch in Riyadh or the Draft Department at the head office shall order the foreign drawee correspondent by telex to suspend cashing the check, after making sure that, according to its records and the statements received from the correspondent up to the date of suspending cashing, the check has not yet been cashed. It should then inform Banking Control to notify all Saudi Central Bank branches and local banks general managements by circular of the lost check. The Draft Department and the Riyadh branch shall issue a new check after one month from the date of notifying the drawee.
II. Banker Checks:
- Checks drawn by local banks on Saudi Central Bank head office and branches.
- Checks drawn by local banks on their branches or on other local banks.
- Checks drawn by local banks in foreign currencies on their correspondents abroad.
- Checks drawn by foreign correspondents on local banks in foreign currencies
Checks drawn by foreign correspondents in different currencies on Saudi Central Bank's head office and Riyadh branch.
For all these checks drawer must notify drawee, inside or outside the Kingdom, to stop cashing the lost check, circulate same to all bank branches inside the Kingdom and notify Saudi Central Bank (Banking Control), with regard to item (1) II to notify its branches accordingly.
Drawee of the lost check, in connection with (4) and (5) II above, shall notify drawer of the lost check, upon receiving the news, that it has ordered the cashing of the check to be stopped after making sure that this has been actually done.
In order to avoid the disruption of the beneficiary
interests, drawer of the lost check must issue another check one month after the date of notifying drawee, and take necessary commitments from the beneficiary or any other party, as the case may be, to return the check if and when found or to refund its value if it had been cashed in any manner.
III . Individual and Corporate Checks Drawn on Local Banks:
Checks drawn by individuals or corporations in local or foreign currencies on local banks:
Beneficiary must contact drawer to notify drawee to order the holding up of cashing the lost check. After receiving a written confirmation from drawee, within one month at the latest from the date of being notified of the loss of the check, to the effect that the holding of the check has been notified to all its branches in the Kingdom, drawer must issue another check and take necessary commitments from beneficiary that the check will be returned if and when found or its value will be refunded if it had been cashed in any manner.
IV. Saudi Central Bank branches and all banks operating in the Kingdom shall keep a special register of lost checks, with a separate section for each type of checks, wherein the number, date and amount of the check and the name of the beneficiary shall be recorded for review before authorizing payment.
We urge compliance with the foregoing, noting that this circular applies to all Saudi Central Bank circulars previously issued in this respect. We further hope that banks will, in turn, circulate their instructions to all their branches by telex or cable. We also hope that Saudi Central Bank branches and banks will implement what is required from each one of them and acknowledge receipt.
Banks Withdrawing Checks Payable to their Individual and Corporate Clients from their Accounts with the Branches of the Saudi Central Bank
It was lately noticed that banks have started to draw on their accounts with SAMA branches by checks to the order of their individual and corporate clients. This is a violation to the concepts of dealing between banks and SAMA, in addition to wasting a good deal of SAMA's time on very minor operations outside its activities.
SAMA, therefore, requests the banks to observe the following rules:
1.The withdrawals of banks that have current accounts with SAMA branches should be limited to:
(a) Feeding their cash balances when necessary with amounts not less than SR 5,000,000.
(b) Settling their obligations toward their branches or other local banks provided such checks shall be drawn directly on SAMA's relevant branches to be settled outside the clearing house.
(c) Settling their obligations toward government agencies.
(d) Transferring funds in favor of the bank branches in other regions of the Kingdom.
(e) Payment of clearing balances as per article 23 of the Clearing House Law communicated to you via circular No. 667/32/96, dated 28/1/1387 H.
(f) If a bank cashes a check drawn at a SAMA branch in a city other than that of the bank, it has to send the check for collection to the bank branch where the SAMA branch on which the check is drawn, is located. Such check will not be accepted by the clearing house in any city other than that in which the SAMA branch, on which the check is drawn, is located.
2. No check may be drawn on SAMA by a bank branch that has no current account with SAMA branches.
3. Banks that have branches in the Kingdom must draw their checks on such branches, pursuant to article (96) of the Commercial Papers Law, subject to item (1) above.
4. Banks that have no branches in the Kingdom may exceptionally draw checks on SAMA branches only to pay their obligations.
5. Drawing of checks by the head office of the bank on accounts with SAMA's head office in Riyadh should be limited to covering foreign currency purchases, pursuant to previous SAMA instructions sent to you by cable.
Please be informed and instruct your branches in the Kingdom to act accordingly.
Not to Print any Person's Name Without Referring First to their National ID Document
Reference to SAMA Circulars No. BC/204 dated 16/4/1398 H, No. BC/35 dated 26/1/1399 H and No. BC/52 dated 19/3/1400 H, regarding the careful examination of checks before cashing and the need of taking all personal information about bank clients to be available to the authorities if and when needed, and the safe keeping of the bank stamps and documents.
SAMA has received the letter of HE the Minister of Finance & National Economy No. 306/S/400 dated 13/5/1400 H requesting that banks be instructed not to print the name of any person on the check before examining his ID to avoid any form of cheating and embezzlement.
Hence, SAMA requests you to comply with these instructions, to advice your branches accordingly and acknowledge receipt.
The Delay of Some Banks in Responding to Letters and Circulars Issued by the SAudi Central Bank Regarding Lost Checks and Freezes on Individual Accounts
SAMA has noticed that some banks delay their answer to SAMA letters and circulars regarding lost checks and attachment of individual balances. Since this delay is causing damage to the interest of the concerned parties, the public interest requires the banks to adopt the necessary measures that guarantee their commitment to send their answers, and that of their branches, to SAMA within 2 weeks from receiving such circulars.
All banks are requested to adopt speedy arrangements in this regard to serve the public interest.
FATF
Procedures for Dealing with the Weak Parties in the Field of Combating AML&CTF
This section is currently available only in Arabic, please click here to read the Arabic version.FATF Statement from the Meeting in Paris Dated 27-06-2014
FATF Public Statement - 27 June 2014
Paris, 27 June 2014 - The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from money laundering and financing of terrorism (ML/FT) risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system,
Jurisdictions subject to a FATF call on its members and other Jurisdictions to apply counter-measures to protect the International financial system from the on-going and substantial money laundering and terrorist financing (ML/FT) risks emanating from the Jurisdictions. Iran
Democratic People's Republic of Korea (DPRK)
Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each Jurisdiction, as described below. Algeria
Ecuador
Indonesia
Myanmar
Ethiopia, Pakistan, Syria, Turkey and Yemen are now identified in the FATF document, "Improving Global AML/CFT Compliance: On-going Process" due to their progress in substantially addressing their action plan agreed upon with the FATF.
Iran
The FATF remains particularly and exceptionally concerned about Iran’s failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system, despite Iran’s previous engagement with the FATF and recent submission of information.
The FATF reaffirms its call on members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions. In addition to enhanced scrutiny, the FATF reaffirms its 25 February 2009 call on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from Iran. The
FATF continues to urge jurisdictions to protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices and to take into account ML/FT risks when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdiction. Due to the continuing terrorist financing threat emanating from Iran, jurisdictions should consider the steps already taken and possible additional safeguards or strengthen existing ones.
The FATF urges Iran to immediately and meaningfully address its AML/CFT deficiencies, in particular by criminalising terrorist financing and effectively implementing suspicious transaction reporting (STR) requirements. If Iran fails to take concrete steps to continue to improve its CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen counter-measures in October 2014.
Democratic People’s Republic of Korea (DPRK)
Since February 2014, the DPRK has engaged directly with the FATF to discuss its AML/CFT deficiencies. The FATF urges the DPRK to continue its cooperation with the FATF to come to an understanding on its AML/CFT deficiencies as a basis for an agreed action plan.
The FATF remains concerned by the DPRK’s failure to address the significant deficiencies in its anti-money laundering and combating the financing of terrorism (AML/CFT) regime and the serious threat this poses to the integrity of the international financial system. The FATF urges the DPRK to immediately and meaningfully address its AML/CFT deficiencies.
The FATF reaffirms its 25 February 2011 call on its members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with the DPRK, including DPRK companies and financial institutions. In addition to enhanced scrutiny, the FATF further calls on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from the DPRK. Jurisdictions should also protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices, and take into account ML/FT risks when considering requests by DPRK financial institutions to open branches and subsidiaries in their jurisdiction.
Algeria
Algeria has taken steps towards improving its AML/CFT regime, including by bringing into force amendments to its Penal Code to expand the scope of terrorist acts criminalised. However, despite Algeria’s high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Algeria has not made sufficient progress in implementing its action plan within the established timelines, and certain strategic deficiencies remain. Algeria should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets and (3) adopting customer due diligence obligations in compliance with the FATF Standards. The FATF encourages Algeria to address its deficiencies and continue the process of implementing its action plan.
Ecuador
Ecuador has taken steps towards improving its AML/CFT regime, including by enacting a new criminal code, which includes provisions adequately criminalising money laundering and terrorist financing. However, despite Ecuador’s high-level political commitment to the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Ecuador has not made sufficient progress in implementing its action plan, and certain strategic deficiencies remain. Ecuador should continue to work on implementing its action plan to address these deficiencies, including by (1) establishing and implementing adequate procedures to identify and freeze terrorist assets and (2) clarifying procedures for the confiscation of funds related to ML. Ecuador should also continue enhancing financial sector supervision. The FATF encourages Ecuador to address its remaining deficiencies and continue the process of implementing its action plan.
Indonesia
Indonesia has taken steps towards improving its AML/CFT regime including by developing Indonesia’s terrorist asset-freezing regime. However, despite Indonesia’s high-level political commitment to work with the FATF and APG to address its strategic CFT deficiencies, Indonesia has not made sufficient progress in implementing its action plan within the agreed timelines, and certain key CFT deficiencies remain regarding the development and implementation of an adequate legal framework and procedures for identifying and freezing of terrorist assets. The FATF encourages Indonesia to address its remaining deficiencies in compliance with FATF standards by fully implementing UNSCR 1267 and clarifying the legal framework and procedures for freezing terrorist assets.
Myanmar
Myanmar has taken steps towards improving its AML/CFT regime, including by enacting a new AML and CT Law. However, despite Myanmar’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Myanmar has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Myanmar should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) further strengthening the extradition framework in relation to terrorist financing; (4) ensuring a fully operational and effectively functioning financial intelligence unit; (5) enhancing financial transparency; and (6) strengthening customer due diligence measures. The FATF encourages Myanmar to address the remaining deficiencies and continue the process of implementing its action plan.
Improving Global AML/CFT Compliance: on-going process - 27 June 2014
Paris, 27 June 2014 - As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdictions which have strategic AML/CFT deficiencies for which they have developed an action plan with the FATF. While the situations differ among each jurisdiction, each jurisdiction has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.
A large number of jurisdictions have not yet been reviewed by the FATF. The FATF continues to identify additional jurisdictions, on an on-going basis, that pose a risk to the international financial system.
The FATF and the FATF-style regional bodies (FSRBs) will continue to work with the jurisdictions noted below and to report on the progress made in addressing the identified deficiencies. The FATF calls on these jurisdictions to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented below.
Afghanistan Kuwait Sudan Albania Lao PDR Syria Angola Namibia Tajikistan Argentina Nicaragua Turkey Cambodia Pakistan Uganda Cuba Panama Yemen Ethiopia Papua New Guinea Zimbabwe Iraq Jurisdictions no longer subject to the FATF’s on-going global AML/CFT compliance process
Kenya Mongolia Tanzania
Kyrgyzstan Nepal
Afghanistan
In June 2012, Afghanistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since then, Afghanistan has taken steps towards improving its AML/CFT regime, including by passing new AML and CFT laws in June 2014. While the AML law has been enacted, the FATF has not yet assessed it due to its very recent nature. In addition, it is not clear whether the CFT law is in force, and Afghanistan has not issued the necessary CFT regulations. If Afghanistan does not bring into force CFT legislation and issue the necessary regulations compliant with the international standards by the October 2014 FATF meetings, the FATF will call upon its members and other jurisdictions to consider the ML/TF risks arising from the deficiencies in Afghanistan. Afghanistan should continue to work on implementing its action plan to address its strategic AML/CFT deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; (4) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (5) establishing a fully operational and effectively functioning Financial Intelligence Unit; and (6) establishing and implementing effective controls for cross-border cash transactions. The FATF urges Afghanistan to address its deficiencies and bring into force the necessary CFT legislation and regulations immediately.
Albania
In June 2012, Albania made a high-level political commitment to work with the FATF and MONEYVAL to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Albania should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing the remaining issues in its terrorist asset-freezing regime; and (2) enhancing the framework for international co-operation related to terrorist financing. The FATF encourages Albania to address its remaining deficiencies and continue the process of implementing its action plan.
Angola
In June 2010 and again in February 2013 in view of its revised action plan, Angola made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since February 2014, Angola has taken steps towards improving its AML/CFT regime, including by bringing into force legislation for the freezing and seizing of assets related to money laundering. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Angola should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing the remaining issues regarding criminalisation of money laundering; (2) ensuring it has an adequate legal framework for the confiscation of funds related to money laundering; (3) implementing an adequate supervisory framework; and (4) ensuring that appropriate laws and procedures are in place to provide mutual legal assistance. The FATF encourages Angola to address its remaining deficiencies and continue the process of implementing its action plan.
Argentina
Since June 2011, when Argentina made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Argentina has made significant progress to improve its AML/CFT regime. Argentina has substantially addressed its action plan, including by: adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets, enhancing procedures for the confiscation of funds related to money laundering; ensuring a fully operational and effectively functioning financial intelligence unit and enhancing suspicious transaction reporting requirements; establishing customer due diligence requirements; and enhancing financial sector supervision. The FATF will conduct an onsite visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Cambodia
Since June 2011, when Cambodia made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Cambodia has made significant progress to improve its AML/CFT regime. Cambodia has substantially addressed its action plan, including by: adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets; establishing procedures for the confiscation of funds related to money laundering; ensuring a fully operational and effectively functioning financial intelligence unit; and establishing effective controls for cross-border cash transactions. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Cuba
Since February 2013, when Cuba made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Cuba has made significant progress to improve its AML/CFT regime, Cuba has substantially addressed its action plan, including by: becoming a member of GAFISUD; adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets; establishing adequate customer due diligence requirements; ensuring a fully operational and effectively functioning financial intelligence unit and enhancing suspicious transaction reporting requirements. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Ethiopia
Since June 2010, when Ethiopia made high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, Ethiopia has made significant progress to improve its AML/CFT regime. Ethiopia has substantially addressed its action plan, including by: adequately criminalising money laundering and terrorist financing; establishing a legal framework and procedures to identify and freeze terrorist assets; ensuring a fully operational and effectively functioning financial intelligence unit; improving customer due diligence measures; raising awareness of AML/CFT issues within the law enforcement community; and establishing a AML/CFT supervisory framework. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Iraq
In October 2013, Iraq made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Iraq should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) establishing effective customer due diligence measures; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; and (6) establishing and implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors. The FATF encourages Iraq to address its AML/CFT deficiencies by implementing its action plan.
Kuwait
In June 2012, Kuwait made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since February, Kuwait has taken steps towards improving its AML/CFT regime, including by issuing a Ministerial Resolution on freezing terrorist assets. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Kuwait should continue to work on implementing its action plan to address these deficiencies, including by: (1) ensuring it has adequate procedures to identify and freeze terrorist assets; and (2) ensuring a fully operational and effectively functioning financial intelligence unit. The FATF encourages Kuwait to address its remaining deficiencies and continue the process of implementing its action plan.
Lao PDR
In June 2013, Lao PDR made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Lao PDR should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; (6) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; and (7) establishing and implementing effective controls for cross-border currency transactions. The FATF encourages Lao PDR to address its AML/CFT deficiencies and continue the process of implementing its action plan.
Namibia
In June 2011, Namibia made a high-level political commitment to work with the FATF and ESA AM LG to address its strategic AML/CFT deficiencies. Since February, Namibia has taken steps towards improving its AML/CFT regime, including by enacting new CFT legislation. The FATF welcomes this development, but has not assessed the new legislation due to its very recent nature, and therefore the FATF has not yet determined the extent to which it addresses any of the following issues; (1) adequately criminalising terrorist financing; and (2) establishing and implementing adequate procedures to identify and freeze terrorist assets. The FATF encourages Namibia to continue the process of implementing its action plan.
Nicaragua
In June 2011, Nicaragua made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since February, Nicaragua has taken steps towards improving its AML/CFT regime, including by establishing internal mechanisms for STR obligations and creating an AML/CFT supervisory programme for all financial sectors and issuing Decree 17-2014 aimed at establishing a framework for identifying and freezing terrorist assets. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Nicaragua should continue to work on implementing its action plan to address these deficiencies, including by ensuring adequate procedures for identifying and freezing terrorist assets. The FATF encourages Nicaragua to address its remaining deficiencies and continue the process of implementing its action plan.
Pakistan
Since June 2010, when Pakistan made a high-level political commitment to work with the FATF and A PG to address its strategic AML/CFT deficiencies, Pakistan has made significant progress to improve its AML/CFT regime. Pakistan has substantially addressed its action plan, including by: adequately criminalising money laundering and terrorist financing; establishing procedures to identify, freeze and confiscate terrorist assets; ensuring a fully operational and effectively functioning financial intelligence unit; establishing regulation of money service providers; and improving controls for cross-border cash transactions. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Panama
In June 2014, Panama made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. Panama will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for freezing terrorist assets; (3) establishing effective measures for customer due diligence in order to enhance transparency; (4)
establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements for all financial institutions and DNFBPs; and (6) ensuring effective mechanisms for international co-operation. The FATF encourages Panama to address its AML/CFT deficiencies by implementing its action plan.
Papua New Guinea
In February 2014, Papua New Guinea made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since then, Papua New Guinea has established the formal structure of its FIU. However, the FATF has determined that strategic AML/CFT deficiencies remain. Papua New Guinea should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; (6) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; and (7) establishing and implementing effective controls for cross-border currency transactions. The FATF encourages Papua New Guinea to address its AML/CFT deficiencies by implementing its action plan.
Sudan
In February 2010 and again in June 2013 in view of its revised action plan, Sudan made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since February, Sudan has taken steps towards improving its AML/CFT regime, including by enacting new AML/CFT legislation and undertaking AML/CFT supervisory visits for financial institutions. The FATF welcomes these developments but has not assessed the new legislation due to its very recent nature, and therefore the FATF has not yet determined the extent to which they address any of the following issues: (1) adequately criminalising money laundering and terrorist financing; (2) implementing adequate procedures for identifying and freezing terrorist assets; (3) ensuring a fully operational and effectively functioning financial intelligence unit; (4) improving customer due diligence measures; (5) ensuring that financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to money laundering and terrorist financing; and (6) ensuring that appropriate laws and procedures are in place with regard to international co-operation and mutual legal assistance. The FATF encourages Sudan to address its remaining deficiencies and continue the process of implementing its action plan.
Syria
Since February 2010, when Syria made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Syria has made progress to improve its AML/CFT regime. Syria has substantially addressed its action plan at a technical level, including by criminalising terrorist financing and establishing procedures for freezing terrorist assets. While the FATF determined that Syria has completed its action plan agreed upon with the FATF, due to the security situation, the FATF is unable to conduct an on-site visit to assess whether the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF. The FATF will continue to monitor the situation.
Tajikistan
Since June 2011, when Tajikistan made a high-level political commitment to work with the FATF and EAG to address its strategic AML/CFT deficiencies, Tajikistan has made significant progress to improve its AML/CFT regime. Tajikistan has substantially addressed its action plan, including by: adequately criminalising money laundering and terrorist financing; establishing procedures for the confiscation of funds related to money laundering and identifying and freezing terrorist assets; enhancing financial transparency; ensuring a fully operational, and effectively functioning financial intelligence unit and improving suspicious transaction reporting requirements; and broadening CDD measures. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Turkey
Since February 2010, when Turkey made a high-level political commitment to work with the FATF to address its strategic CFT deficiencies, Turkey has made significant progress to improve its CFT regime. Turkey has largely addressed its action plan, including by adequately criminalising terrorist financing and establishing procedures to identify, freeze and confiscate terrorist assets. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Uganda
In February 2014, Uganda made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. However, the FATF has determined that strategic AML/CFT deficiencies remain. Uganda should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) ensuring effective record-keeping requirements; (4) establishing a fully operational and effectively functioning financial intelligence unit (FIU); (5) ensuring there are adequate suspicious transaction reporting requirements; (6) ensuring an adequate and effective AML/CFT supervisory and oversight programme for all financial sectors; and (7) ensuring that appropriate laws and procedures are in place with regard to international cooperation for the FIU and supervisory authorities. The FATF encourages Uganda to address its AML/CFT deficiencies by implementing its action plan.
Yemen
Since February 2010, when Yemen made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Yemen has made progress to improve its AML/CFT regime. Yemen has substantially addressed its action plan at a technical level, including by adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets; improving its customer due diligence and suspicious transaction reporting requirements; issuing guidance; developing the monitoring and supervisory capacity of the financial sector supervisory authorities and the FIU; and ensuring a fully operational and effectively functioning financial intelligence unit. While the FATF determined that Yemen has completed its action plan agreed upon with the FATF, due to the security situation, the FATF is unable to conduct an on-site visit to assess whether the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Zimbabwe
In June 2011, Zimbabwe made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. Since February, Zimbabwe has taken steps towards improving its AML/CFT regime, including by enacting the Trafficking in Persons Act 2014 and issuing a Statutory Instrument to improve the framework to identify and freeze terrorist assets. The FATF welcomes these developments but has not assessed the new legislation due to its very recent nature, and therefore the FATF has not yet determined the extent to which they address any of the following issues: (1) adequately criminalising money laundering and terrorist financing; and (2) establishing and implementing adequate procedures to identify and freeze terrorist assets. The FATF encourages Zimbabwe to address its remaining deficiencies and continue the process of implementing its action plan.
Jurisdictions no longer subject to the FATF’s ongoing global AML/CFT compliance process
Kenya
The FATF welcomes Kenya’s significant progress in improving its AML/CFT regime and notes that Kenya has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in February 2010. Kenya is therefore no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process. Kenya will work with ESAAMLG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report.
Kyrgyzstan
The FATF welcomes Kyrgyzstan’s significant progress in improving its AML/CFT regime and notes that Kyrgyzstan has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in October 2011. Kyrgyzstan is therefore no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process. Kyrgyzstan will work with EAG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report.
Mongolia
The FATF welcomes Mongolia’s significant progress in improving its AML/CFT regime and notes that Mongolia has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in June 2011. Mongolia is therefore no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process. Mongolia will work with APG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report.
Nepal
The FATF welcomes Nepal’s significant progress in improving its AML/CFT regime and । notes that Nepal has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in February 2010. Nepal is therefore no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process. Nepal will work with APG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report.
Tanzania
The FATF welcomes Tanzania’s significant progress in improving its AML/CFT regime and notes that Tanzania has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in October 2010. Tanzania is therefore no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process. Tanzania will work with ESAAMLG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report.
FATF Public Statement - 19 February 2016
This circular is currently available only in Arabic, please click here to read the Arabic version.Supplementary Circular: Full Compliance with the Financial Action Task Force (FATF) Recommendations
This section is currently available only in Arabic, please click here to read the Arabic version.FATF Public Statement -26 June 2015
This section is currently available only in Arabic, please click here to read the Arabic version.Compliance With the FATF Recommendations
This section is currently available only in Arabic, please click here to read the Arabic version.FATF Statement from the Meeting in Paris dated 24-10-2014
Public Statement - 24 October 2014
Paris, 24 October 2014 - The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from money laundering and financing of terrorism (ML/FT) risks and to encourage greater compliance with the AML/CFT standards, the FATF Identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
Jurisdictions subject to a FATF call on its members and other Jurisdictions to apply counter-measures to protect the International financial system from the on-going and substantial money laundering and terrorist financing (ML/FT) risks emanating from the Jurisdictions. Iran
Democratic People's Republic of Korea (DPRK)
Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each Jurisdiction, as described below.
Algeria
Ecuador
Indonesia
Myanmar
Iran
The FATF remains particularly and exceptionally concerned about Iran's failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system, despite Iran's previous engagement with the FATF and recent submission of information.
The FATF reaffirms its call on members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions. In addition to enhanced scrutiny, the FATF reaffirms its 25 February 2009 call on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from Iran. The FATF continues to urge jurisdictions to protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices and to take into account ML/FT risks when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdiction. Due to the continuing terrorist financing threat emanating from Iran, jurisdictions should consider the steps already taken and possible additional safeguards or strengthen existing ones.
The FATF urges Iran to immediately and meaningfully address its AML/CFT deficiencies, in particular by criminalising terrorist financing and effectively implementing suspicious transaction reporting requirements. If Iran fails to take concrete steps to continue to improve its CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen counter-measures in February 2015.
Democratic People's Republic of Korea (DPRK)
Since June 2014, the DPRK has further engaged directly with the FATF and APG to discuss its AML/CFT deficiencies. The FATF urges the DPRK to continue its cooperation with the FATF and to provide a high-level political commitment to the action plan developed with the FATF.
The FATF remains concerned by the DPRK's failure to address the significant deficiencies in its anti-money laundering and combating the financing of terrorism (AML/CFT) regime and the serious threat this poses to the integrity of the international financial system. The FATF urges the DPRK to immediately and meaningfully address its AML/CFT deficiencies.
The FATF reaffirms its 25 February 2011 call on its members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with the DPRK, Including DPRK companies and financial Institutions. In addition to enhanced scrutiny, the FATF further calls on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from the DPRK. Jurisdictions should also protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices, and take into account ML/FT risks when considering requests by DPRK financial institutions to open branches and subsidiaries in their jurisdiction.
Algeria
Algeria has taken steps towards improving its AML/CFT regime. However, despite Algeria's high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Algeria has not made sufficient progress in implementing its action plan within the established timelines, and certain strategic deficiencies remain. Algeria should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets and (3) adopting customer due diligence obligations in compliance with the FATF Standards. The FATF encourages Algeria to address its remaining deficiencies and continue the process of implementing its action plan.
Ecuador
Ecuador has taken steps towards improving its AML/CFT regime including by issuing AML/CFT regulations for companies supervised by Superintendence of Companies. However, despite Ecuador's high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Ecuador has not made sufficient progress in implementing its action plan, and certain strategic deficiencies remain. Ecuador should continue to work on implementing its action plan to address these deficiencies, including by (1) establishing and implementing adequate procedures to identify and freeze terrorist assets and (2) clarifying procedures for the confiscation of funds related to money laundering. Ecuador should also continue enhancing financial sector supervision. The FATF encourages Ecuador to address its remaining deficiencies and continue the process of implementing its action plan.
Indonesia
Indonesia has taken steps towards improving its AML/CFT regime including by further implementing its terrorist asset-freezing regime. However, despite Indonesia’s high-level political commitment to work with the FATF and APG to address its strategic CFT deficiencies, Indonesia has not made sufficient progress in implementing its action plan within the agreed timelines, and certain key CFT deficiencies remain regarding the development and implementation of an adequate legal framework and procedures for identifying and freezing of terrorist assets. The FATF encourages Indonesia to address its remaining deficiencies in compliance with FATF standards by fully implementing UNSCR 1267 and improving the legal framework and procedures for freezing terrorist assets.
Myanmar
Myanmar has taken steps towards improving its AML/CFT regime. However, despite Myanmar’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Myanmar has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Myanmar should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) further strengthening the extradition framework in relation to terrorist financing; (4) ensuring a fully operational and effectively functioning financial intelligence unit; (5) enhancing financial transparency; and (6) strengthening customer due diligence measures. The FATF encourages Myanmar to address the remaining deficiencies and continue the process of implementing its action plan.
Document type News Keywords lcrg Related documents Improving Global AML/CFT
Compliance: on-going process - 24 October 2014 Outcomes of the October 2014 Plenary meeting
High-risk and non-
cooperative Jurisdictions
- October 2014
Public Statement
Iran
Democratic Peoples’s
Republic of Korea (DPRK)Algeria
Ecuador
Indonesia
Myanmar
> full statement
Improving Global AML/CFT Compliance: on-going process Afghanistan
Albania
Angola
Cambodia
Guyana
Iraq
Kuwait
Lao PDR
Namibia
Nicaragua
Pakistan
Panama
Papua New Guinea
Sudan
Syria
Uganda
Yemen
Zimbabwe
Jurisdictions no longer subject to monitoring
Argentina
Cuba
Ethiopia
Tajikistan
Turkey
> full statement
More information
About the International Co-operation Review Group (ICRG)
Improving Global AML/CFT Compliance: on-going process - 24 October 2014Paris, 24 October 2014 - As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdictions which have strategic AML/CFT deficiencies for which they have developed an action plan with the FATF. While the situations differ among each jurisdiction, each jurisdiction has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.
A large number of jurisdictions have not yet been reviewed by the FATF. The FATF continues to identify additional Jurisdictions, on an on-going basis, that pose a risk to the international financial system. The FATF and the FATF-style regional bodies (FSRBs) will continue to work with the jurisdictions noted below and to report on the progress made in addressing the identified deficiencies. The FATF calls on these jurisdictions to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented below
Afghanistan Kuwait Papua New Guinea Albania Lao PDR Sudan Angola Namibia Syria Cambodia Nicaragua Uganda Guyana Pakistan Yemen Iraq Panama Zimbabwe Jurisdictions no longer subject to the FATF's on-going global AML/CFT compliance process
Argentina Ethiopia Turkey Cuba Tajikistan Afghanistan
In June 2012, Afghanistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June 2014, Afghanistan has taken steps towards improving its AML/CFT regime, including by bringing CFT legislation into force and issuing CFT regulations. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Afghanistan should continue to work on implementing its action plan to address its strategic AML/CFT deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; (4) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (5) establishing a fully operational and effectively functioning financial intelligence unit; and (6) establishing and implementing effective controls for cross-border cash transactions. The FATF encourages Afghanistan to address its remaining deficiencies and continue the process of implementing its action plan.
Albania
Since June 2012, when Albania made a high-level political commitment to work with the FATF and MONEYVAL to address its strategic AML/CFT deficiencies, Albania has made significant progress to improve its AML/CFT regime. Albania has substantially addressed its action plan at a technical level, including by: establishing adequate customer due diligence provisions; establishing an adequate legal framework for identifying, tracing and freezing terrorist assets; and enhancing the framework for international co-operation. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Angola
In June 2010 and again in February 2013 in view of its revised action plan, Angola made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since June 2014, Angola has taken steps towards improving its AML/CFT regime, including by commencing on-site inspections of AML/CFT compliance by banks. However, the FATF has determined that a strategic AML/CFT deficiency remains. Angola should continue to work on implementing its action plan to address this deficiency by ensuring that appropriate laws and procedures are in place to provide mutual legal assistance. The FATF encourages Angola to address its remaining deficiency and continue the process of implementing its action plan.
Cambodia
Since June 2011, when Cambodia made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Cambodia has made significant progress to improve its AML/CFT regime. Cambodia has substantially addressed its action plan at a technical level, including by: adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets; establishing procedures for the confiscation of funds related to money laundering; establishing an effectively functioning financial intelligence unit; and establishing controls for cross-border cash transactions. The FATF conducted an on-site visit but cannot yet determine that implementation of the above reforms has begun. The FATF encourages Cambodia to make progress by February 2015, when the FATF will again assess the situation.
Guyana
In October 2014, Guyana made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Guyana will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing effective measures for customer due diligence and enhancing financial transparency; (6) strengthening suspicious transaction reporting requirements; and (7) implementing an adequate supervisory framework. The FATF encourages Guyana to address its AML/CFT deficiencies by implementing its action plan.
Iraq
In October 2013, Iraq made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. The FATF has determined that certain strategic AML/CFT deficiencies remain. Iraq should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) establishing effective customer due diligence measures; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; and (6) establishing and implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors. The FATF encourages Iraq to address its AML/CFT deficiencies by implementing its action plan.
Kuwait
Since June 2012, when Kuwait made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Kuwait has made significant progress to improve its AML/CFT regime. Kuwait has substantially addressed its action plan at a technical level, including by: adequately criminalising terrorist financing; establishing procedures to identify and freeze terrorist assets; ensuring that appropriate laws and procedures are in place to provide mutual legal assistance with respect to terrorist financing; establishing customer due diligence measures; establishing a financial intelligence unit; ensuring that financial institutions are obligated to file suspicious transaction reports in relation to money laundering and terrorist financing; and ratifying the Terrorist Financing Convention. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Lao PDR
In June 2013, the Lao PDR made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. The Lao PDR should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; (6) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; and (7) establishing and implementing effective controls for cross-border currency transactions. The FATF encourages the Lao PDR to address its AML/CFT deficiencies and continue the process of implementing its action plan.
Namibia
Since June 2011, when Namibia made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Namibia has made significant progress to improve its AML/CFT regime. Namibia has substantially addressed its action plan at a technical level, including by: adequately criminalising terrorist financing; establishing adequate procedures to identify and freeze terrorist assets; ensuring that supervisory authorities have sufficient powers to supervise for AML/CFT compliance; developing an adequate AML/CFT supervisory programme; establishing a financial intelligence unit; implementing effective, proportionate and dissuasive sanctions in order to deal with non-compliance with the national AML/CFT requirements; and ratifying the Terrorist Financing Convention. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Nicaragua
Since June 2011, when Nicaragua made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, Nicaragua has made significant progress to improve its AML/CFT regime. Nicaragua has substantially addressed its action plan at a technical level, including by: establishing effective customer due diligence measures and record-keeping requirements; establishing suspicious transaction reporting requirements for money laundering and terrorist financing; developing an AML/CFT supervisory programme for all financial sectors; establishing a financial intelligence unit, and establishing adequate procedures for Identifying and freezing terrorist assets. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Pakistan
Since June 2010, when Pakistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Pakistan has made significant progress to improve its AML/CFT regime. In June 2014, the FATF determined that Pakistan had substantially addressed its action plan at a technical level, including by: adequately criminalising money laundering and terrorist financing; establishing procedures to identify, freeze and confiscate terrorist assets; ensuring a fully operational and effectively functioning financial intelligence unit; establishing regulation of money service providers; and improving controls for cross-border cash transactions. Due to security reasons, the FATF has been unable to conduct an on-site visit to assess whether the process of implementing the required reforms and actions is underway. The visit is currently scheduled to take place prior to the February 2015 FATF meetings.
Panama
In June 2014, Panama made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. However, the FATF has determined that strategic AML/CFT deficiencies remain. Panama should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for freezing terrorist assets; (3) establishing effective measures for customer due diligence in order to enhance transparency; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements for all financial institutions and DNFBPs; and (6) ensuring effective mechanisms for international co-operation. The FATF encourages Panama to address its AML/CFT deficiencies and continue the process of implementing its action plan.
Papua New Guinea
In February 2014, Papua New Guinea made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June, Papua New Guinea has taken steps towards improving its AML/CFT regime, including by issuing prudential standards on customer due diligence. However, the FATF has determined that strategic AML/CFT deficiencies remain. Papua New Guinea should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) establishing suspicious transaction reporting requirements; (6) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; and (7) establishing and implementing effective controls for cross-border currency transactions. The FATF encourages Papua New Guinea to address its AML/CFT deficiencies and continue the process of implementing its action plan.
Sudan
In February 2010 and again in June 2013 in view of its revised action plan, Sudan made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since June 2014, Sudan has taken steps towards improving its AML/CFT regime, including by bringing into force three decrees related to UNSCR asset freezing obligations. However, the FATF has determined that strategic AML/CFT deficiencies remain. Sudan should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing the remaining issues regarding the predicate offences for money laundering; (2) implementing adequate procedures for identifying and freezing terrorist assets; (3) ensuring a fully operational and effectively functioning financial intelligence unit; (4) improving customer due diligence measures; and (5) ensuring that appropriate laws and procedures are in place with regard to mutual legal assistance. The FATF encourages Sudan to address its remaining deficiencies and continue the process of implementing its action plan.
Syria
Since February 2010, when Syria made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Syria has made progress to improve its AML/CFT regime. In June 2014, the FATF determined that Syria had substantially addressed its action plan at a technical level, including by criminalising terrorist financing and establishing procedures for freezing terrorist assets. While the FATF determined that Syria has completed its action plan agreed upon with the FATF, due to the security situation, the FATF has been unable to conduct an on-site visit to assess whether the process of implementing the required reforms and actions is underway. The FATF will continue to monitor the situation.
Uganda
In February 2014, Uganda made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. Since June 2014, Uganda has taken steps towards improving its AML/CFT regime, including by establishing its financial intelligence unit and issuing guidance to reporting entities. However, the FATF has determined that strategic AML/CFT deficiencies remain. Uganda should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) ensuring effective record-keeping requirements; (4) establishing a fully operational and effectively functioning financial intelligence unit; (5) ensuring adequate suspicious transaction reporting requirements; (6) ensuring an adequate and effective AML/CFT supervisory and oversight programme for all financial sectors; and (7) ensuring that appropriate laws and procedures are in place with regard to international co-operation for the financial intelligence unit and supervisory authorities. The FATF encourages Uganda to address its remaining AML/CFT deficiencies and continue the process of implementing its action plan.
Yemen
Since February 2010, when Yemen made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Yemen has made progress to improve its AML/CFT regime. In June 2014, the FATF determined that Yemen had substantially addressed its action plan at a technical level, including by adequately criminalising money laundering and terrorist financing; establishing procedures to identify and freeze terrorist assets; improving its customer due diligence and suspicious transaction reporting requirements; issuing guidance; developing the monitoring and supervisory capacity of the financial sector supervisory authorities and the financial intelligence unit (FIU); and establishing a fully operational and effectively functioning FIU. While the FATF determined that Yemen has completed its action plan agreed upon with the FATF, due to the security situation, the FATF has been unable to conduct an on-site visit to assess whether the process of implementing the required reforms and actions is underway. The FATF will continue to monitor the situation.
Zimbabwe
Since June 2011, when Zimbabwe made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Zimbabwe has made significant progress to improve its AML/CFT regime. Zimbabwe has substantially addressed its action plan at a technical level, including by: adequately criminalising money laundering and terrorist financing; establishing adequate procedures to identify and freeze terrorist assets; establishing a financial intelligence unit; ensuring financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT; and ratifying the Terrorist Financing Convention. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Jurisdictions no longer subject to the FATF's on-going Global AML/CFT Compliance Process Argentina The FATF welcomes Argentina's significant progress in improving its AML/CFT regime and notes that Argentina has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in June 2011. Argentina is therefore no longer subject to the FATF's monitoring process under its on-going global AML/CFT compliance process. Argentina will work with the FATF and GAFISUD as it continues to address the full range of AML/CFT issues Identified in its mutual evaluation report. Cuba The FATF welcomes Cuba's significant progress in improving its AML/CFT regime and notes that Cuba has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in February 2013. Cuba is therefore no longer subject to the FATF's monitoring process under its on-going global AML/CFT compliance process. Cuba will work with GAFISUD to further strengthen its AML/CFT regime. Ethiopia The FATF welcomes Ethiopia's significant progress in improving its AML/CFT regime and notes that Ethiopia has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in June 2010. Ethiopia is therefore no longer subject to the FATF's monitoring process under its on-going global AML/CFT compliance process. Ethiopia will work with ESAAMLG to further strengthen its AML/CFT regime. Tajikistan The FATF welcomes Tajikistan's significant progress in improving its AML/CFT regime and notes that Tajikistan has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in June 2011. Tajikistan is therefore no longer subject to the FATF's monitoring process under its on-going global AML/CFT compliance process. Tajikistan will work with EAG as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report. Turkey The FATF welcomes Turkey's significant progress in improving its AML/CFT regime and notes that Turkey has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified In February 2010. Turkey is therefore no longer subject to the FATF's monitoring process under its on-going global AML/CFT compliance process. Turkey will work with the FATF as it continues to address the full range of AML/CFT issues identified in its mutual evaluation report. Document type News Related documents FATF Public Statement – 24 October 2014
Outcomes from the October 2014 Plenary meeting
High-risk and non-
cooperative Jurisdictions
- October 2014
Public Statement
Iran
Democratic Peoples’s
Republic of Korea (DPRK)Algeria
Ecuador
Indonesia
Myanmar
> full statement
Improving Global AML/CFT Compliance: on-going process Afghanistan
Albania
Angola
Cambodia
Guyana
Iraq
Kuwait
Lao PDR
Namibia
Nicaragua
Pakistan
Panama
Papua New Guinea
Sudan
Syria
Uganda
Yemen
Zimbabwe
Jurisdictions no longer subject to monitoring
Argentina
Cuba
Ethiopia
Tajikistan
Turkey
> full statement
More information
About the International Co-operation Review Group (ICRG)
FATF Public statement 22 February 2013
This section is currently available only in Arabic, please click here to read the Arabic version.FATF Statement issued on 16-2-2012 at the General Meeting at Paris
FATF Public Statement - 16 February 2012
Paris, 16 February 2012 - The Financial Action Task Force (FATF) Is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT) . In order to protect the international financial system from money laundering and financing of terrorism (ML/FT) risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the International financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions*. Iran
Democratic People's Republic of Korea (DPRK)
Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies**. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction, as described below. Cuba**
Bolivia
Ethiopia
Ghana
Indonesia
Kenya
Myanmar
Nigeria
Pakistan
São Tomé and Príncipe
Sri Lanka
Syria
Tanzania
Thailand
Turkey
*The FATF has previously issued Public Statements calling for counter-measures on Iran and DPRK. Those Statements are updated below.
**Cuba has not engaged with the FATF in the process.
While the FATF published the revised FATF Recommendations: ‘International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation "on 16 February 2012, the FATF has reviewed the identified jurisdictions based on the FATF 40+9 Recommendations of 2003. Therefore, references to specific Recommendations or Special Recommendations (e.g. R.1", SR.II", etc.) in this document refer to the FATF 40+9 Recommendations of 2003. Iran
The FATF remains particularly and exceptionally concerned about Iran’s failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the International financial system, despite Iran’s previous engagement with the FATF.
The FATF reaffirms its call on members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions. In addition to enhanced scrutiny, the FATF reaffirms its 25 February 2009 call on Its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from Iran. FATF continues to urge jurisdictions to protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices and to take into account ML/FT risks when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdiction. Due to the continuing terrorist financing threat emanating from Iran, jurisdictions should consider the steps already taken and possible additional safeguards or strengthen existing ones.
The FATF urges Iran to immediately and meaningfully address its AML/CFT deficiencies, in particular by criminalising terrorist financing and effectively implementing suspicious transaction reporting (STR) requirements. If Iran fails to take concrete steps to improve its CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen counter-measures In June 2012.
Democratic People’s Republic of Korea (DPRK)
The FATF remains concerned by the DPRK’s failure to address the significant deficiencies in Its anti-money laundering and combating the financing of terrorism (AML/CFT) regime and the serious threat this poses to the integrity of the international financial system. The FATF urges the DPRK to Immediately and meaningfully address its AML/CFT deficiencies.
The FATF reaffirms its 25 February 2011 call on its members and urges all jurisdictions to advise their financial Institutions to give special attention to business relationships and transactions with the DPRK, including DPRK companies and financial institutions. In addition to enhanced scrutiny, the FATF further calls on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from the DPRK. Jurisdictions should also protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices and take into account ML/FT risks when considering requests by DPRK financial institutions to open branches and subsidiaries in their jurisdiction.
The FATF acknowledges the latest outreach from DPRK to FATF and remains prepared to engage directly in assisting the DPRK to address its AML/CFT deficiencies.
Cuba
Cuba has not committed to the AML/CFT international standards, nor has it constructively directly engaged with the FATF. At the same time, Cuba attended a GAFISUD plenary as a guest and prepared an Informal document on its AML/CFT regime. The FATF has identified Cuba as having strategic AML/CFT deficiencies that pose a risk to the international financial system. The FATF urges Cuba to develop an
AML/CFT regime in line with international standards, and encourages Cuba to establish a constructive and direct dialogue with the FATF and is ready to work with the Cuban authorities to this end.
Bolivia
Bolivia has taken steps towards improving its AML/CFT regime, Including enacting CFT legislation and regulations. Despite Bolivia's high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Bolivia has not made sufficient progress In Implementing its action plan, and certain strategic AML/CFT deficiencies remain. Bolivia should work on addressing these deficiencies, including by: (1) ensuring adequate criminalisation of money laundering (Recommendation 1); (2) adequately criminalising terrorist financing (Special Recommendation II); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); and (4) establishing a fully operational and effective Financial Intelligence Unit (Recommendation 26). The FATF encourages Bolivia to address Its remaining deficiencies and continue the process of implementing Its action plan.
Ethiopia
Despite Ethiopia's high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, Ethiopia has not made sufficient progress in implementing Its action plan, and certain strategic AML/CFT deficiencies remain. Ethiopia should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing an adequate legal framework and procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (4) implementing effective, proportionate and dissuasive sanctions In order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF encourages Ethiopia to address its remaining deficiencies and continue the process of implementing its action plan.
Ghana
Ghana has taken steps towards improving its AML/CFT regime, including by ratifying the UN Convention on Transnational Organised Crime and issuing CDD guidelines. Despite Ghana's high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies, Ghana has not made sufficient progress in Implementing its action plan, and certain strategic AML/CFT deficiencies remain. Ghana should work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate measures for the confiscation of funds related to money laundering (Recommendation 3); (3) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (4) establishing and Implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Ghana to address Its remaining deficiencies and continue the process of Implementing its action plan.
Indonesia
Indonesia has taken significant steps towards improving its AML/CFT regime, including by enacting AML legislation in 2010 and developing draft comprehensive CFT legislation. Despite Indonesia's high- level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Indonesia has not made sufficient progress in Implementing its action plan, and certain strategic AML/CFT deficiencies remain. Indonesia should work on Implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); and (3) amending and implementing laws or other instruments to fully implement the 1999 International Convention for the Suppression of Financing of Terrorism (Special Recommendation I). The FATF encourages Indonesia to address its remaining deficiencies and continue the process of implementing Its action plan.
Kenya
Despite Kenya’s high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Kenya has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Kenya should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); and (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF welcomes the adoption of the ESAAMLG mutual evaluation report and will work with Kenya In light of the further deficiencies identified in the report. The FATF encourages Kenya to address its remaining deficiencies and continue the process of implementing Its action plan, including by implementing the AML legislation and setting up its FIU.
Myanmar
Despite Myanmar's high-level political commitment to work with the FATF and APG to address Its strategic AML/CFT deficiencies, Myanmar has not made sufficient progress in Implementing its action plan, and certain strategic AML/CFT deficiencies remain. Myanmar should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) further strengthening the extradition framework in relation to terrorist financing (Recommendation 35 and Special Recommendation I); (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (5) enhancing financial transparency (Recommendation 4); and (6) strengthening customer due diligence measures (Recommendation 5). The FATF encourages Myanmar to address its remaining deficiencies and continue the process of implementing its action plan.
Nigeria
Nigeria has taken steps towards improving its AML/CFT regime, including by enacting AML/CFT legislation and commencing supervision across all sectors. However, despite Nigeria’s high-level political commitment to work with the FATF add GIABA to address its strategic AML/CFT deficiencies, further engagement with Nigeria is needed to clarify whether these deficiencies have been addressed, including: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); and (2) implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Nigeria to address its remaining deficiencies and continue the process of Implementing its action plan.
Pakistan
Pakistan has taken significant steps towards Improving Its AML/CFT regime, including by enhancing the capacity of its FIU, approving an AML/CFT strategy, and by ensuring training is provided to relevant stakeholders. Despite Pakistan's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Pakistan has not made sufficient progress in implementing Its action plan, and certain AML/CFT deficiencies remain. Specifically, Pakistan needs to enact legislation to ensure that it meets the FATF standards regarding the terrorist financing offence (SR II) and the ability to identify, freeze, and confiscate terrorist assets (Special Recommendation III). The FATF encourages Pakistan to address the remaining deficiencies and continue to implement Its action plan, including by demonstrating effective regulation of money service providers and Implementing effective controls for cross-border cash transactions (Special Recommendation VI and Special Recommendation IX).
São Tomé and Príncipe
Despite São Tomé and Príncipe's high-level political commitment to work with the FATF and GIABA to address Its strategic AML/CFT deficiencies, São Tomé and Príncipe has not made sufficient progress in implementing Its action plan, and certain strategic deficiencies remain. São Tomé and Príncipe should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) ensuring that financial Institutions and DNFBPs are subject to adequate AML/CFT regulation and supervision (Recommendations 23, 24 and 29); and (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF encourages Sao Tomé and Principe to address Its remaining deficiencies and continue the process of implementing its action plan.
Sri Lanka
Despite Sri Lanka’s high-level political commitment to work with the FATF and APG to address Its strategic AML/CFT deficiencies, Sri Lanka has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Sri Lanka should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); and (2) establishing and implementing adequate procedures to Identify and freeze terrorist assets
(Special Recommendation III), The FATF encourages Sri Lanka to address its remaining deficiencies and continue the process of Implementing Its action plan, including by continuing to work on its AML/CFT legislation.
Syria
Syria has taken significant steps towards Improving its AML/CFT regime, including by improving the legal arrangements for freezing terrorist assets. However, despite Syria's high-level political commitment to work with the FATF and MENAFATF, further engagement with Syria is needed to clarify whether the remaining deficiencies have been addressed, including by: (1) implementing adequate procedures for Identifying and freezing terrorist assets (Special Recommendation III); (2) ensuring that financial Institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT (Recommendation 13 and Special Recommendation IV); and (3) ensuring that appropriate laws and procedures are in place to provide mutual legal assistance (Recommendations 36-38, Special Recommendation V). The FATF encourages Syria to demonstrate that its remaining deficiencies have been addressed to enable the FATF to properly evaluate Syria's progress.
Tanzania
Tanzania has taken steps towards Improving its AML/CFT regime, including by the passage of amendments to the Anti-Money Laundering and Proceeds of Crime Act and the AML law for Zanzibar. However, despite Tanzania’s high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Tanzania has not made sufficient progress in Implementing Its action plan, and certain strategic AML/CFT deficiencies remain. Tanzania should work on Implementing its action plan to address these deficiencies, including by: (1) determining whether money laundering is adequately criminalised (Recommendation 1); (2) adequately criminalising terrorist financing (Special Recommendation II); (3) establishing and implementing adequate procedures to Identify and freeze terrorist assets as well as Implementing the UNSCRs 1267 and 1373 through law, regulations or other enforceable means (Special Recommendation III); (4) establishing effective CDD measures (Recommendation 5); (5) establishing adequate record-keeping requirements (Recommendation 10); (6) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (7) designating competent authorities to ensure compliance with AML/CFT requirements (Recommendation 23). The FATF encourages Tanzania to address its remaining deficiencies and continue the process of Implementing its action plan.
Thailand
Despite Thailand's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Thailand has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain, although Thailand has faced external difficulties from 2009 to 2011 which significantly impacted the legislative process for the necessary laws and regulations. Thailand has taken steps towards improving its AML/CFT regime, including by substantially completing an AML/CFT risk assessment for its financial sector. Thailand should work on implementing Its action plan to address the remaining deficiencies, Including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to Identify and freeze terrorist assets (Special Recommendation III); and (3) further strengthening AML/CFT supervision (Recommendation 23). The FATF encourages Thailand to address Its remaining deficiencies and continue the process of implementing Its action plan.
Turkey
Turkey has taken steps towards improving its AML/CFT regime, including by submitting CFT legislation to Parliament. Despite Turkey's high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, Turkey has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Turkey should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); and (2) implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III). The FATF encourages Turkey to address its remaining deficiencies and continue the process of implementing Its action plan.
FATF Statement from the Meeting in Paris dated 19-10-2012
FATF Public Statement -19 October 2012
Paris, 19 October 2012 - The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from money laundering and financing of terrorism (ML/FT) risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
Jurisdictions subject to a FATF call on Its members and other jurisdictions to apply counter-measures to protect the International financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions. ✓ Iran
✓ Democratic People's Republic of Korea (DPRK)
Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress In addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction, as described below. Bolivia
Cuba
Ecuador
Ethiopia
Indonesia ✓
Kenya
Myanmar
Nigeria
Pakistan ✓
São Tomé and Príncipe
Sri Lanka
Syria ✓
Tanzania
Thailand .
Turkey* ✓
Vietnam
Yemen ✓
See the below text on Turkey
Iran
The FATF remains particularly and exceptionally concerned about Iran’s failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system, despite Iran’s previous engagement with the FATF and recent submission of information.
The FATF reaffirms its call on members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions. In addition to enhanced scrutiny, the FATF reaffirms its 25 February 2009 call on its
members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from Iran. FATF continues to urge jurisdictions to protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices and to take into account ML/FT risks when considering requests by Iranian financial Institutions to open branches and subsidiaries in their jurisdiction. Due to the continuing terrorist financing threat emanating from ten, jurisdictions should consider the steps already taken and possible additional safeguards or strengthen existing ones.
The FATF urges Iran to immediately and meaningfully address its AML/CFT deficiencies, In particular by criminalising terrorist financing and effectively implementing suspicious transaction reporting (STR) requirements. If Iran falls to take concrete steps to continue to Improve its CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen counter-measures in February 2013.
Democratic People's Republic of Korea (DPRK)
The FATF remains concerned by the DPRK's failure to address the significant deficiencies In its anti-money laundering and combating the financing of terrorism (AML/CFT) regime and the serious threat this poses to the integrity of the International financial system. The FATF urges the DPRK to immediately and meaningfully address its AML/CFT deficiencies.
The FATF reaffirms its 25 February 2011 call on its members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with the DPRK, including DPRK companies and financial institutions. In addition to enhanced scrutiny, the FATF further calls on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from the DPRK. Jurisdictions should also protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices, and take into account ML/FT risks when considering requests by DPRK financial institutions to open branches and subsidiaries in their jurisdiction.
The FATF remains prepared to engage directly in assisting the DPRK to address its AML/CFT deficiencies.
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Bolivia
Bolivia has taken steps towards Improving its AML/CFT regime, including by enacting new legislation to substantially address the deficiencies in the criminalisation of money laundering and terrorist financing and working towards strengthening the capacity and autonomy of the FIL). However, despite Bolivia's high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Bolivia has not made sufficient progress in implementing its action plan within the established timelines. Bolivia should continue to work on addressing the remaining Issue of enhancing the legal framework for identifying and freezing terrorist assets. The FATF encourages Bolivia to address its remaining deficiency and continue the process of implementing its action plan.
Cuba
In June 2011, the FATF identified Cuba as having strategic AML/CFT deficiencies and it had not engaged with the FATF. Since then, Cuba has significantly enhanced its engagement and co-operation with the FATF and made a request to join GAFISUD. However, the FATF urges Cuba to continue its engagement with the FATF and to work with the FATF to develop and agree on an action plan in order to address its AML/CFT deficiencies.
Ecuador
Ecuador has taken steps towards improving its AML/CFT regime, including by tabling CFT legislation in Parliament, Despite Ecuador’s high-level political commitment work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, Ecuador has not made sufficient progress in Implementing Its action plan within the established timelines, and certain strategic deficiencies remain. Ecuador should continue to work with the FATF and GAFISUD on implementing its action plan to address these deficiencies, including by: (1 ) ensuring adequate criminalisation of terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) implementing adequate procedures for the confiscation of funds related to money laundering; and (4) continue to enhance co-ordination of financial sector supervision. The FATF encourages Ecuador to address Its remaining deficiencies, including by enacting CFT legislation, and continue the process of implementing its action plan.
Ethiopia
Ethiopia has taken steps towards improving its AML/CFT regime, including by building up Its Financial Intelligence Unit. However, despite Ethiopia's high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, Ethiopia has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Ethiopia should continue to work on Implementing its action plan to address these deficiencies, Including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework and procedures to identify and freeze terrorist assets; (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (4) Implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements. The FATF encourages Ethiopia to address its remaining deficiencies and continue the process of implementing its action plan.
Indonesia
Indonesia has taken steps towards improving its AML/CFT regime. However, despite Indonesia's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Indonesia has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain, Indonesia should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; and (3) amending and implementing laws or other instruments to fully implement the Terrorist Financing Convention. The FATF encourages Indonesia to address its remaining deficiencies, particularly by passing adequate CFT legislation, and continue the process of implementing its action plan.
Kenya
Kenya has taken significant steps towards improving its AML/CFT regime, including the enactment of the Prevention of Terrorism Act and the Capital Market (Amendment) Bill and the passage by Parliament of the Proceeds of Crime and Anti-Money Laundering (Amendment) Act and the Finance Bill. The FATF has not yet assessed these laws due to their very recent nature, and therefore the FATF could not determine the extent to which they address any of the following issues: (1) adequately criminalising money laundering and terrorist financing; (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit; (3) establishing and implementing an adequate legal framework for the confiscation of funds related to money laundering, and the identification and freezing of terrorist assets; (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements; (5) implementing an adequate and effective AML/CFT supervisory programme for all financial sectors; (6) enhancing financial transparency; (7) further improving and broadening customer due diligence measures; and (8) establishing adequate record-keeping requirements. Despite Kenya's high-level political commitment to work with (he FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Kenya has not made sufficient progress in implementing its action plan within the agreed timelines, and certain strategic AML/CFT deficiencies may remain. The FATF encourages Kenya to address its remaining deficiencies and continue the process of implementing its action plan.
Myànmar
Myanmar has taken steps towards improving its AML/CFT regime, including by removing its reservations to the extradition articles of the Vienna Convention, the Palermo Convention and the Terrorist Financing Convention, However, despite Myanmar's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Myanmar has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Myanmar should work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) further strengthening the extradition framework in relation to terrorist financing; (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit; (5) enhancing financial transparency; and (6) strengthening customer due diligence measures. The FATF encourages Myanmar to address the remaining deficiencies and continue the process of implementing its action plan.
Nigeria
Nigeria has taken steps towards Improving its AML/CFT regime, including by the adoption by Parliament of both the Money Laundering (Prohibition) Amendment Bill and the Terrorism (Prevention) Amendment Bill. The FATF has not yet assessed these laws due to their very recent nature, and therefore the FATF could not determine the extent to which they address Nigeria’s two remaining issues regarding criminalisation of money laundering and terrorist financing. The FATF encourages Nigeria to address its remaining deficiencies and continue the process of implementing its action plan.
Pakistan
Pakistan has taken significant steps towards improving its AML/CFT regime, Including introducing CFT amendments into Parliament. However, despite Pakistan's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Pakistan has not yet made sufficient progress in fully implementing its action plan, and certain key CFT deficiencies remain. Specifically, Pakistan needs to enact legislation to ensure that it meets the FATF standards regarding the terrorist financing offence and the ability to identify, freeze, and confiscate terrorist assets. The FATF encourages Pakistan to address the remaining deficiencies and continue the process of implementing its action plan.
São Tomé and Príncipe
Despite São Tomé and Príncipe's high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies, São Tomé and Príncipe has not made sufficient progress In implementing its action plan, and certain strategic deficiencies remain. São Tomé and Príncipe should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing a fully operational and effectively functioning Financial Intelligence Unit; (3)ensuring that financial institutions and DNFBPs are subject to adequate AML/CFT regulation and supervision; and (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements. The FATF encourages São Tomé and Príncipe to address its remaining deficiencies and continue the process of implementing its action plan.
Sri Lanka
Sri Lanka has taken significant steps towards improving its AML/CFT regime. However, despite Sri Lanka's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Sri Lanka has not made sufficient progress in implementing Its action plan. Sri Lanka should continue to work on addressing the remaining issue regarding adequate criminalisation of terrorist financing. The FATF encourages Sri Lanka to address this deficiency and continue the process of implementing its action plan.
Syria
Previously, Syria had taken significant steps towards improving its AML/CFT regime. However, despite Syria's high-level political commitment to work with the FATF and MENAFATF to address Its strategic AML/CFT deficiencies, Syria has not made sufficient progress in implementing Its action plan, and certain strategic AML/CFT deficiencies remain. Syria should continue to work on implementing its action plan to address these deficiencies, including by: (1) providing sufficient legal basis for implementing the obligations under UNSCR 1373 and implementing adequate procedures for identifying and freezing terrorist assets; and (2) ensuring that appropriate laws and procedures are in place to provide mutual legal assistance. The FATF encourages Syria to demonstrate that its remaining deficiencies have been addressed to enable the FATF to properly evaluate Syria's progress.
Tanzania
Tanzania has taken steps towards improving its AML/CFT regime, including enactment of amendments to the Anti-Money Laundering Act and the Prevention of Terrorism Act as well as the issuance of implementing regulations which expand on requirements related to customer due diligence and recordkeeping and provide for an operational independent national Financial Intelligence Unit. However, despite Tanzania's high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, Tanzania has not made sufficient progress in implementing Its action plan within the agreed timelines, and certain strategic AML/CFT deficiencies remain. Tanzania should continue to work on implementing its action plan to address these deficiencies, including by: (1) clarifying the remaining issues regarding the predicate offences for money laundering and criminalisation of terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets as well as implementing the UNSCRs 1267 and 1373 through law, regulations or other enforceable means. The FATF encourages Tanzania to address its remaining deficiencies, including ratifying the Terrorist Financing Convention, and continue the process of implementing its action plan.
Thailand
Thailand has taken steps towards improving its AML/CFT regime, including by issuing customer due diligence regulations. However, despite Thailand's high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Thailand has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain, although Thailand has faced external difficulties from 2009 to 2011 which significantly impacted the legislative process for the necessary laws and regulations. Thailand should continue to work on implementing its action plan to address the remaining deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to Identify and freeze terrorist assets; and (3) further strengthening AML/CFT supervision. The FATF encourages Thailand to address its remaining deficiencies and continue the process of implementing its action plan, specifically enacting its draft CFT legislation.
Turkey*
Despite Turkey's high-level political commitment to work with the FATF to address its strategic CFT deficiencies, Turkey has not made sufficient progress in implementing its action plan, and certain strategic CFT deficiencies remain. Turkey should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing; and (2) implementing an adequate legal framework for identifying and freezing terrorist assets. Given Turkey's continued lack of progress in these two areas, as a counter-measure, the FATF has decided to suspend Turkey’s membership on 22 February 2013 unless the following conditions are met before that date: (1) Turkey adopts legislation to adequately remedy deficiencies in its terrorist financing offence; and (2) Turkey establishes an adequate legal framework for identifying and freezing terrorist assets consistent with the FATF Recommendations. FATF calls upon countries to take additional steps as necessary proportionate to the risks arising from the deficiencies associated with Turkey.
Viètnam
Vietnam has taken steps towards improving its AML/CFT regime. However, despite Vietnam’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Vietnam has not made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Vietnam should continue to work with the FATF and APG on implementing its action plan to address these deficiencies, including by: (1) address the remaining Issues regarding adequate criminalisation of terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) making legal persons subject to criminal liability in line with FATF Standards or demonstrating that there is a constitutional prohibition that prevents this; (4) improving the overall supervisory framework); (5) improving and broadening customer due diligence measures and reporting requirements; and (6) strengthening international co-operation. The FATF encourages Vietnam to address its remaining deficiencies and continue the process of implementing its action plan.
Yemen
Despite Yemen's high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, Yemen has not made sufficient progress in implementing its action plan and certain strategic AML/CFT deficiencies remain. Yemen should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalizing money laundering and terrorist financing; (2) establishing and Implementing adequate procedures to identify and freeze terrorist assets; (3) developing the monitoring and supervisory capacity of the financial sector supervisory authorities and the Financial Intelligence Unit (FIU) to ensure compliance by financial institutions with their suspicious transaction reporting obligations, especially in relation to the financing of terrorism; and (4) ensuring a fully operational and effectively functioning FIU. The FATF encourages Yemen to address its remaining deficiencies and continue the process of implementing its action plan.
Ghana
Pursuant to Ghana's progress in largely addressing its action plan agreed upon with the FATF, Ghana is now identified in the FATF’s separate but related public document, "Improving Global AML/CFT Compliance: On-going Process."
Improving Global AML/CFT Compliance: on-going process -19 October 2012
Paris, 19 October 2012 - As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdictions which have strategic AML/CFT deficiencies for which they have developed an action plan with the FATF. While the situations differ among each jurisdiction, each jurisdiction has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.
A large number of jurisdictions have not yet been reviewed by the FATF. The FATF continues to identify additional jurisdictions, on an on-going basis, that pose a risk to the international financial system.
The FATF and the FATF-style regional bodies (FSRBs) will continue to work with the jurisdictions noted below and to report on the progress made in addressing the identified deficiencies. The FATF calls on these jurisdictions to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented below.
Afghanistan
Cambodia
Philippines
Albania
Ghana
Sudan
Algeria
Kuwait
Tajikistan
Angola
Kyrgyzstan
Venezuela
Antigua and Barbuda
Mongolia
Argentina
Morocco
Bangladesh
Namibia
Nicaragua
Brunel Darussalam
Nepal
Zimbabwe
Trinidad and Tobago
Afghanistan
In June 2012, Afghanistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since then, Afghanistan has taken steps towards improving its AML/CFT regime, including by establishing high level AML/CFT coordination mechanisms. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Afghanistan should continue to work on implementing Its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) implementing an adequate AML/CFT supervisory and oversight programme for all financial sectors; (4) establishing and implementing adequate procedures for the confiscation of assets related to money laundering; (5) establishing a fully operational and effectively functioning Financial Intelligence Unit; and (6) establishing and implementing effective controls for cross-border cash transactions. The FATF encourages Afghanistan to address its remaining deficiencies and continue the process of implementing its action plan.
Albania
In June 2012, Albania made a high-level political commitment to work with the FATF and MONEYVAL to address its strategic AML/CFT deficiencies. Since then, Albania has taken steps towards improving Its AML/CFT regime, including by enacting legislation to implement adequate customer due diligence provisions. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Albania should continue to work on implementing its action plan to address these deficiencies, including by; (1) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; and (2) enhancing the framework for international co-operation related to terrorist financing, The FATF encourages Albania to address its remaining deficiencies and continue the process of implementing its action plan.
Algeria
In October 2011, Algeria made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since then, Algeria has taken steps towards improving its AML/CFT regime, including expanding the financial entities subject to reporting requirements, providing for the legal autonomy of the Financial Intelligence Unit and expanding its powers to request information and share information with other competent authorities. However, the FATF has concerns that strategic AML/CFT deficiencies remain and, therefore, further engagement with Algeria is needed to clarify whether these deficiencies have been addressed. Algeria should continue to work on implementing its action plan, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) improving and broadening customer due diligence measures; and (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit. The FATF encourages Algeria to address its deficiencies and continue the process of implementing its action plan.
Angola
In June 2010, Angola made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since June 2012, Angola has taken steps towards Improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Angola should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (3) establishing and implementing an adequate legal framework to identify and freeze terrorist assets without delay. The FATF encourages Angola to address its remaining deficiencies and continue the process of implementing its action plan.
Antigua and Barbuda
In February 2010, Antigua and Barbuda made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Since June 2012, Antigua and Barbuda has taken steps towards improving its AML/CFT regime, including by enacting amendments to its Banking Act. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Antigua and Barbuda should continue to work on implementing its action plan to address these deficiencies, including by continuing to Improve the overall supervisory framework. The FATF encourages Antigua and Barbuda to address its remaining deficiencies and continue the process of implementing its action plan.
Argentina
In June 2011, Argentina made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since June 2012, Argentina has taken substantial steps towards improving its AML/CFT regime, including by applying in practice Presidential Decree 918/2012 to freeze terrorist-related assets.
However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Argentina should continue to work on implementing Its action plan to address these deficiencies, including by: (1) addressing the remaining deficiencies with regard to the criminalisation of money laundering, confiscation of funds related to money laundering, and freezing terrorist-related assets; (2) continuing to enhance financial transparency; (3) addressing the remaining issues for the Financial Intelligence Unit and suspicious transaction reporting requirements; (4) further enhancing the AML/CFT supervisory programme for all financial sectors; (5) further improving and broadening customer due diligence measures; and (6) enhancing the appropriate channels for international co-operation and ensuring effective implementation. The FATF encourages Argentina to address its remaining deficiencies and continue the process of implementing its action plan.
Bangladesh
In October 2010, Bangladesh made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June 2012, Bangladesh has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain, Bangladesh should continue to work on implementing its action plan to address these deficiencies, including by; (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit; (4) improving international co-operation; and (5) issuing guidance to capital markets Intermediaries to ensure their AML/CFT obligations are complied with. The FATF encourages Bangladesh to address its remaining deficiencies and continue the process of implementing its action plan.
Brunei Darussalam
In June 2011, Brunei Darussalam made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, Since June 2012, Brunei Darussalam has taken steps towards improving its AML/CFT regime, including by enacting appropriate mutual legal assistance legislation. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Brunei Darussalam should continue to work on implementing its action plan to address these deficiencies, including by: (1) establishing and implementing adequate procedures to identify and freeze terrorist assets; and (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit. The FATF encourages Brunei Darussalam to address its remaining deficiencies and continue the process of implementing its action plan.
Cambodia
In June 2011, Cambodia made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. The FATF has determined that certain strategic AML/CFT deficiencies remain. Cambodia should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) establishing and implementing adequate procedures for the confiscation of funds related to money laundering; (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (5) establishing and implementing effective controls for cross-border cash transactions. The FATF encourages Cambodia to address its remaining deficiencies and continue the process of implementing its action plan.
Ghana
Pursuant to Ghana's progress in largely addressing its action plan agreed upon with the FATF, Ghana has been removed from the FATF's Public Statement and identified in this document. Since October 2010 when Ghana made a high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies, Ghana has taken important steps towards improving its AML/CFT regime, including by enacting legislation to criminalize money laundering, establishing and implementing adequate measures for the confiscation of funds related to money laundering, improving customer due diligence measures and enhancing the effectiveness of the Financial Intelligence Unit. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Kuwait
In June 2012, Kuwait made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Kuwait should continue to work on implementing its action plan to address these deficiencies, including by. (1) adequately criminalising terrorist financing; (2) implementing the Terrorist Financing Convention; (3) establishing and implementing adequate procedures to identify and freeze terrorist assets; (4) ensuring that appropriate laws and procedures are in place to provide mutual legal assistance; (5) establishing effective customer due diligence measures; (6) ensuring a fully operational and effectively functioning Financial Intelligence Unit (FIU), In particular addressing the operational autonomy of the FIU; and (7) ensuring that financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to money laundering and terrorist financing. The FATF encourages Kuwait to address its remaining deficiencies and continue the process of implementing its action plan.
Kyrgyzstan
In October 2011, Kyrgyzstan made a high-level political commitment to work with the FATF and EAG to address its strategic AML/CFT deficiencies. Since June 2012, Kyrgyzstan has taken steps towards improving its AML/CFT regime, including by enacting AML amendments. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Kyrgyzstan should continue to work on implementing Its action plan to address these deficiencies, including by; (1) addressing the remaining issue regarding criminalisation of money laundering; (2) adequately criminalising terrorist financing; (2) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets; (3) addressing remaining issues regarding the implementation of adequate measures for the confiscation of funds related to money laundering; (4) establishing effective customer due diligence measures for all financial institutions; and (5) implementing an adequate and effective AML/CFT supervisory programme for all financial sectors. The FATF encourages Kyrgyzstan to address its deficiencies and continue the process of implementing its action plan, in particular swiftly enacting adequate CFT amendments,
Mongolia
In June 2011, Mongolia made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June 2012, Mongolia has taken steps towards improving its AML/CFT regime, including by establishing a dedicated AML unit within its police department. However, the FATF has determined that strategic AML/CFT deficiencies remain. Mongolia should continue to work on implementing Its action plan to address these deficiencies, including by; (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) establishing adequate procedures for the confiscation of funds related to money laundering; (4) establishing suspicious transaction reporting requirements; and (5) demonstrating effective regulation of money service providers, The FATF encourages Mongolia to address its remaining deficiencies and continue the process of implementing its action plan.
Morocco
In February 2010, Morocco made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since then, Morocco has demonstrated progress in improving its AML/CFT regime, including by adopting amendments to extend the scope of the money laundering and terrorist financing offences, to broaden customer due diligence requirements and taking steps to operationalise the Financial Intelligence Unit. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Morocco should continue to work on implementing Its action plan to address these deficiencies, including by enacting legislation to adequately criminalize terrorist financing.
Namibia
In June 2011,'Namibia made a high-level political commitment to work with the FATF and ESAAMLG to address Its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Namibia should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) implementing an adequate AML/CFT supervisory programme with sufficient powers; (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (FIU), in particular addressing the operational autonomy of the FIU; and (5) implementing effective, proportionate and dissuasive sanctions in order to deal with non-compliance with the national AML/CFT requirements. The FATF encourages Namibia to address its remaining deficiencies and continue the process of implementing its action plan.
Nepal
In February 2010, Nepal made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June 2012, Nepal has taken steps to improve Its AML/CFT system, Including by ensuring that information held by the FIU is securely protected. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Nepal should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) implementing adequate procedures for the confiscation of funds related to money laundering; (4) enacting and implementing appropriate mutual legal assistance legislation; (5) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (6) establishing adequate suspicious transaction reporting obligations for ML and FT. The FATF encourages Nepal to address its remaining deficiencies and continue the process of implementing its action plan.
Philippines
In October 2010, the Philippines made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June 2012, the Philippines has taken steps to improve its AML/CFT system, including by issuing the implementing rules and regulations for the recently enacted CFT law. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. The Philippines should continue to work on implementing its action plan to address these deficiencies, including by: (1) taking additional measures to
adequately criminalise money laundering; and (2) extending coverage of reporting entities to Include designated non-financial businesses and professions. The FATF encourages the Philippines to address Its remaining deficiencies and continue the process of Implementing its action plan. In particular, the FATF strongly encourages the Philippines to enact the pending legislative amendment on AML.
Sudan
In February 2010, Sudan made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sudan should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing adequate procedures for identifying and freezing terrorist assets; (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (3) ensuring an effective supervisory programme for AML/CFT compliance. The FATF encourages Sudan to address its remaining deficiencies and continue the process of implementing its action plan.
Tajikistan
In June 2011, Tajikistan made a high-level political commitment to work with the FATF and EAG to address its strategic AML/CFT deficiencies. Since June 2012, Tajikistan has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Tajikistan should continue to work on Implementing its action plan to address these deficiencies, including by: (1) addressing remaining issues regarding criminalisation of money laundering and terrorist financing; (2) establishing and implementing adequate procedures for the confiscation of funds related to money laundering and identifying and freezing terrorist assets; (3) addressing the remaining Issues relating to the Financial Intelligence Unit and improving suspicious transaction reporting requirements; and (4) improving and broadening customer due diligence measures. The FATF encourages Tajikistan to address its remaining deficiencies and continue the process of implementing its action plan.
Venezuela
In October 2010, Venezuela made a high-level political commitment to work with the FATF and CFATF to address Its strategic AML/CFT deficiencies. Since then, Venezuela has taken steps towards improving its AML/CFT regime, including by enacting AML/CFT legislation that criminalises terrorist financing and establishes suspicious transaction reporting (STR) obligations for money laundering and financing of terrorism, and issuing new resolutions aimed at establishing and implementing adequate procedures to identify and freeze terrorist assets. The FATF will conduct an on-site visit to confirm that the process of Implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Trinidad and Tobago
The FATF welcomes Trinidad and Tobago's significant progress in improving its AML/CFT regime and notes that Trinidad and Tobago has established the legal and regulatory framework to meet its commitments in its Action Plan regarding the strategic deficiencies that the FATF had identified in February 2010. Trinidad and Tobago is therefore no longer subject to FATF's monitoring process under its ongoing global AML/CFT compliance process. Trinidad and Tobago will work with CFATF as it continues to address the full range of AML/CFT issues identified In its Mutual Evaluation Report, particularly implementation of the new legislative and regulatory reform in order to more effectively combat illicit finance in Trinidad and Tobago.
Jurisdictions not making sufficient progress
The FATF is not yet satisfied that the following jurisdictions have made sufficient progress on their action plan agreed upon with the FATF. The most significant action plan items and/or the majority of the action plan items have not been addressed. If these jurisdictions do not take sufficient action to implement significant components of their action plan by February 2013, then the FATF will identify these jurisdictions as being out of compliance with their agreed action plans and will take the additional step of calling upon its members to consider the risks arising from the deficiencies associated with the jurisdiction.
Nicaragua
Despite Nicaragua's high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Nicaragua has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Nicaragua should work with the FATF and CFATF on implementing its action plan to address these deficiencies, including by: (1) establishing effective customer due diligence measures and record-keeping requirements, in particular entities not currently regulated by the supervisory authority; (2) establishing adequate suspicious transaction reporting obligations for ML and FT; (3) implementing an adequate AML/CFT supervisory programme for all financial sectors; (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit; and (5) establishing adequate procedures for identifying and freezing terrorist assets. The FATF encourages Nicaragua to address its remaining deficiencies and continue the process of implementing its action plan.
Zimbabwe
Despite Zimbabwe's high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Zimbabwe has made sufficient progress In implementing Its action plan, and certain strategic AML/CFT deficiencies remain. Zimbabwe should work with the FATF and ESAAMLG on implementing its action plan to address these deficiencies, including by; (1) adequately criminalising money laundering and terrorist financing; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets; (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit; (4) ensuring that financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to money laundering and the financing of terrorism; (5) enacting and implementing appropriate mutual legal assistance legislation; and (6) ratifying the Terrorist Financing Convention. The FATF encourages Zimbabwe to address its remaining deficiencies and continue the process of implementing its action plan.
FATF Statement from the 22nd Meeting in Paris dated 22-2-2011
Outcomes of the FATF Plenary meeting, Paris, 23-25 February 2011
Under the Mexican Presidency, the FATF Plenary met in Paris on 23-25 February 2011 and has taken important new steps to protect the international financial system from abuse by:
- Producing two public documents as part of its ongoing work to identify jurisdictions that may pose a risk to the international financial system.
- FATF public statement
- Improving global AML/CFT compliance: on-going process
- Adopting the mutual evaluation reports of France and the Netherlands
- Publishing the Follow-Up Report to the mutual evaluation report of Singapore.
- Issuing a statement on the progress made by Argentina in addressing deficiencies identified in their mutual evaluation of October 2010.
- Agreeing to hold the Annual meeting of experts on typologies, organised jointly with the APG in Busan, Korea at the end of November 2011.
The FATF President also chaired a separate meeting with anti-corruption and anti-money laundering experts on the use of AML/CFT measures in the fight against corruption.
- Mutual Evaluation of France
The FATF has completed and adopted the third mutual evaluation of the AML/CFT system in France. France has over the past several years continually strengthened, refined and expanded its system. France’s overall degree of compliance with the FATF 40+9 Recommendations is very high, particularly in the financial sector and in the legal area. France should now focus its efforts on certain non-financial professions that still have to improve their level of compliance with the standards. Taking into account the high quality and overall effectiveness of the French system, France will henceforth report back to the FATF on a biennial basis on the further evolution of its AML/CFT system which now ranks as one of the most robust in the FATF.
- Mutual Evaluation of France
Mutual Evaluation of the Netherlands
The FATF has completed and adopted the third mutual evaluation of the AML/CFT system in the Netherlands. The AML/CFT system of the Netherlands is largely in line with the FATF requirements but some shortcomings in the legal framework and the implementation of already existing measures need to be addressed. The Netherlands will report back to the FATF as part of the regular follow-up process.
- Mutual Evaluation of the Netherlands
Follow-Up Report Singapore
The FATF has approved and published the Follow-Up Report of Singapore. Singapore has now taken action to address sufficiently the issue of criminalisation of money laundering and has therefore been taken off the regular follow-up process at this meeting. Singapore has also made progress in strengthening other aspects of their system. Henceforth, Singapore will report back to the Plenary on further developments in its AML/CFT system on a biennial basis.
- Follow-up report to the Mutual Evaluation of Singapore
Statement on the progress made by Argentina
The FATF heard Argentina’s report on progress made since the adoption of the FATF’s mutual evaluation of Argentina in October 2010. The FATF noted the high- level commitment expressed by the Minister of Justice at the Plenary and the preliminary action plan presented by Argentina. The FATF maintains its serious concern regarding the large number of significant AML/CFT deficiencies that remain and expects Argentina to make substantial progress in addressing these deficiencies by June 2011, in particular progress in the criminalisation of money laundering and terrorist financing. The FATF will work closely with Argentina throughout this process and will consider next steps in the context of the enhanced follow-up process for members insufficiently in compliance with FATF Recommendations.
Expert meeting on Corruption
Anti-corruption and anti-money laundering experts and policy makers from national governments, and international and regional bodies met on 27 February to gather information on how AML/CFT measures usefully contribute to the fight against corruption and to enhance engagement. Click here to see the President's Summary of this meeting.
Luis Urrutia Corral President FATF 28 February 2011 Improving Global AML/CFT Compliance: update on-going process
Paris 25 February 2011 - As part of its ongoing review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdictions which have strategic AML/CFT deficiencies for which they have developed an action plan with the FATF. While the situations differ among each jurisdiction, each jurisdiction has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.
A large number of jurisdictions have not yet been reviewed by the FATF. The FATF continues to identify additional jurisdictions, on an ongoing basis, that pose a risk in the international financial system. The FATF has additionally begun initial reviews of a number of other jurisdictions as part of this process and will present its findings later this year.
The FATF and the FSRBs will continue to work with the jurisdictions noted below and to report on the progress made in addressing the identified deficiencies. The FATF calls on these jurisdictions to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented below.
Antigua and Barbuda
In February 2010, Antigua and Barbuda made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Antigua and Barbuda should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); and (2) continuing to improve the overall supervisory framework (Recommendation 23). The FATF encourages Antigua and Barbuda to address its remaining deficiencies and continue the process of implementing its action plan.
Bangladesh
In October 2010, Bangladesh made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since October, Bangladesh has taken steps towards improving its AML/CFT regime, including by amending the Extradition Act to include ML/FT offences. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Bangladesh should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (5) improving suspicious transaction reporting requirements (Recommendation 13 and Special Recommendation IV); and (6) improving international cooperation (Recommendations 36 and 39 and Special Recommendation V). The FATF encourages Bangladesh to address its remaining deficiencies and continue the process of implementing its action plan.
Ecuador
In June 2010, Ecuador made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. Since October, Ecuador has taken steps towards improving its AML/CFT regime, including by enacting AML and CFT amendments. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Ecuador should continue to work on implementing its action plan to address these deficiencies, including by: (1) ensuring adequate criminalisation of terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (4) reinforcing and improving coordination of financial sector supervision (Recommendation 23). The FATF encourages Ecuador to address its remaining deficiencies and continue the process of implementing its action plan.
Ghana
In October 2010, Ghana made a high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies. However, the FATF has determined that strategic AML/CFT deficiencies remain. Ghana should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate measures for the confiscation of funds related to money laundering (Recommendation 3); (3) establishing effective CDD measures (Recommendation 5); (4) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (5) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Ghana to address its remaining deficiencies and continue the process of implementing its action plan.
Greece
In February 2010, Greece made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since that time, Greece has demonstrated progress in improving its AML/CFT regime, including by adopting legislation that aims to address issues relating to criminalisation of terrorist financing, freezing of terrorist assets under UNSCR 1373, and the independence and operation of the FIU. The FATF will conduct an on-site visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Honduras
In October 2010, Honduras made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Since October, Honduras has taken steps towards improving its AML/CFT regime, including by enacting legislation that criminalises terrorist financing. However, the FATF has determined that strategic AML/CFT deficiencies remain. Honduras should continue to work on implementing its action plan to address these deficiencies, including by: (1) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (3) improving and broadening CDD measures (Recommendation 5). The FATF encourages Honduras to address its remaining deficiencies and continue the process of implementing its action plan.
Indonesia
In February 2010, Indonesia made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Indonesia should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); and (3) amending and implementing laws or other instruments to fully implementing the 1999 International Convention for the Suppression of Financing of Terrorism (Special Recommendation I). The FATF encourages Indonesia to address its remaining deficiencies and continue the process of implementing its action plan.
Morocco
In February 2010, Morocco made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since that time, Morocco has demonstrated progress in improving its AML/CFT regime, including by adopting amendments to extend the scope of the money laundering and terrorist financing offences; to broaden customer due diligence requirements and taking steps to operationalise the FIU. Once the FATF assesses this recent legislation and ensures that these measures address the identified deficiencies, it will organise an onsite visit to confirm that the process of implementing the required reforms and actions is underway to address deficiencies previously identified by the FATF.
Pakistan
In June 2010, Pakistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since October, Pakistan has taken steps towards improving its AML/CFT regime, including by issuing STR guidance to its financial institutions. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Pakistan should continue to work on implementing its action plan to address these deficiencies, including by (1) demonstrating adequate criminalisation of money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) demonstrating adequate procedures to identify, freeze and confiscate terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) demonstrating effective regulation of money service providers, including an appropriate sanctions regime, and increasing the range of ML/FT preventive measures for these services (Special Recommendation VI); and (5) improving and implementing effective controls for cross-border cash transactions (Special Recommendation IX). The FATF encourages Pakistan to address its remaining deficiencies and continue the process of implementing its action plan.
Paraguay
In February 2010, Paraguay made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. Since October, Paraguay has taken steps towards improving its AML/CFT regime, including issuing regulations prohibiting anonymous accounts. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Paraguay should continue to work on implementing its action plan to address these deficiencies, including by: (1) establishing and implementing adequate procedures to identify, freeze and confiscate terrorist assets (Special Recommendation III); and (2) effectively implementing controls for cross-border cash transactions (Special Recommendation IX). The FATF encourages Paraguay to address its remaining deficiencies and continue the process of implementing its action plan.
Philippines
In October 2010, the Philippines made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since October, the Philippines has taken steps towards improving its AML/CFT regime, including by issuing new AML regulations. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. The Philippines should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) implementing adequate procedures to identify and freeze terrorist assets and confiscate funds related to money laundering (Special Recommendation III and Recommendation 3); (3) enhancing financial transparency (Recommendation 4); (4) ensuring capacity and financial resources for competent authorities (Recommendation 30); and (5) establishing effective CDD measures (Recommendation 5). The FATF encourages the Philippines to address its remaining deficiencies and continue the process of implementing its action plan.
São Tomé and Príncipe
In October 2010, São Tomé and Príncipe made a high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sao Tome and Principe should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) ensuring that financial institutions and DNFBPs are subject to adequate AML/CFT regulation and supervision, and that a competent authority or competent authorities have been designated to ensure compliance with AML/CFT requirements (Recommendations 23, 24 and 29); (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17); and (5) taking the necessary action to gain membership of GIABA. The FATF encourages Sao Tome and Principe to address its remaining deficiencies and continue the process of implementing its action plan.
Sudan
In February 2010, Sudan made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since October, Sudan has taken steps towards improving its AML/CFT regime, including by issuing FIU regulations and circulars to financial institutions. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sudan should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing adequate procedures for identifying and freezing terrorist assets (Special Recommendation III); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) ensuring financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT (Recommendation 13 and Special Recommendation IV); and (4) implementing a supervisory programme for the regulators to ensure compliance with the provisions of the new law and regulations (Recommendation 23). The FATF encourages Sudan to address its remaining deficiencies and continue the process of implementing its action plan.
Tanzania
In October 2010, Tanzania made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Tanzania should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets as well as implementing the UNSCR 1267 and 1373 through law, regulations or other enforceable means (Special Recommendation III); (3) establishing effective CDD measures (Recommendation 5); (4) establishing adequate record-keeping requirements (Recommendation 10); (5) establishing a fully operational and effectively functioning national Financial Intelligence Unit (Recommendation 26); and (6) designating competent authorities to ensure compliance with AML/CFT requirements (Recommendation 23). The FATF encourages Tanzania to address its remaining deficiencies and continue the process of implementing its action plan.
Thailand
In February 2010, Thailand made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since October, Thailand has taken steps towards improving its AML/CFT regime, including by approving a national AML/CFT strategy. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Thailand should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); and (3) further strengthening AML/CFT supervision (Recommendation 23). The FATF encourages Thailand to address its remaining deficiencies and continue the process of implementing its action plan.
Turkmenistan
In June 2010, Turkmenistan made a high-level political commitment to work with the FATF and EAG to address its strategic AML/CFT deficiencies. Since October, Turkmenistan has taken steps towards improving its AML/CFT regime, including by undergoing an on-site for its mutual evaluation. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Turkmenistan should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing the remaining issues with the criminalisation of money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) implementing adequate procedures to identify and freeze terrorist assets without delay (Special Recommendation III); (3) ensuring a fully operational and effectively functioning FIU (Recommendation 26); (4) developing collaboration between the FIU and domestic counterparts, including supervisory authorities; and (5) strengthening international cooperation. The FATF encourages Turkmenistan to address its remaining deficiencies and continue the process of implementing its action plan.
Ukraine
In February 2010, Ukraine made a high-level political commitment to work with the FATF and MONEYVAL to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Ukraine should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing a few remaining issues regarding criminalisation of money laundering (Recommendation 1); and (2) improving and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III). The FATF encourages Ukraine to address its remaining deficiencies and continue the process of implementing its action plan.
Venezuela
In October 2010, Venezuela made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Since October, Venezuela has taken steps towards improving its AML/CFT regime, including by issuing regulations for the securities sector. However, the FATF has determined that certain strategic deficiencies remain. Venezuela should continue to work with the FATF and CFATF on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendations I and III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) implementing adequate CDD guidelines for all sectors (Recommendation 5); and (5) establishing adequate STR reporting obligations for ML and FT (Recommendation 13 and Special Recommendation IV). The FATF encourages Venezuela to address its remaining deficiencies and continue the process of implementing its action plan.
Vietnam
In October 2010, Vietnam made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Vietnam should continue to work with the FATF and APG on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) improving the overall supervisory framework (Recommendation 23); (4) improving and broadening customer due diligence measures and reporting requirements (Recommendation 5, 13, and Special Recommendation IV); and (5) strengthening international cooperation (Recommendations 36, 40). The FATF encourages Vietnam to address its remaining deficiencies and continue the process of implementing its action plan.
Yemen
In February 2010, Yemen made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since October, Yemen has taken steps towards improving its AML/CFT regime, including by issuing executive regulations for its AML/CFT law, including on customer due diligence and suspicious transaction reporting. However, the FATF has determined that certain strategic deficiencies remain. Yemen should continue to work on implementing its action plan to address these deficiencies, including by: (1) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (2) issuing substantive guidance/instructions to reporting institutions with respect to their ML/FT obligations (Recommendation 25); (3) developing the monitoring and supervisory capacity of the financial sector supervisory authorities and the FIU, to ensure compliance by financial institutions with their STR obligations, especially in relation to FT (Recommendation 23); and (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26). The FATF encourages Yemen to address its remaining deficiencies and continue the process of implementing its action plan.
Jurisdictions not making sufficient progress
The FATF is not yet satisfied that the following jurisdictions have made sufficient progress on their action plan agreed upon with the FATF. The most significant action plan items and/or the majority of their action plan items have not been addressed. If these jurisdictions do not take sufficient action to implement significant components of their action plan by June 2011, then the FATF will identify these jurisdictions as being out of compliance with their agreed action plans and will take the additional step of calling upon its members to consider the risks arising from the deficiencies associated with the jurisdiction.
Angola Despite Angola’s high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Angola has made sufficient progress in implementing its action plan, and certain strategic deficiencies remain. Angola should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets (Special Recommendation III). The FATF encourages Angola to address its remaining deficiencies and continue the process of implementing its action plan. Bolivia Despite Bolivia’s high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Bolivia has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Bolivia should work on addressing these deficiencies including by: (1) ensuring adequate criminalisation of money laundering (Recommendation 1); (2) adequately criminalising terrorist financing (Special Recommendation II); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); and (4) establishing a fully operational and effective Financial Intelligence Unit (Recommendation 26). The FATF encourages Bolivia to address its remaining deficiencies and continue the process of implementing its action plan. Ethiopia Despite Ethiopia’s high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Ethiopia has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Ethiopia should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing an adequate legal framework and procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) raising awareness of AML/CFT issues within the law enforcement community (Recommendation 27); and (5) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF encourages Ethiopia to address its remaining deficiencies and continue the process of implementing its action plan. Kenya Despite Kenya’s high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Kenya has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Kenya should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); (4) raising awareness of AML/CFT issues within the law enforcement community (Recommendation 27); and (5) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17).
The FATF encourages Kenya to address its remaining deficiencies and continue the process of implementing its action plan.
Myanmar Despite Myanmar’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Myanmar has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Myanmar should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) strengthening the extradition framework in relation to terrorist financing (Recommendation 35 and Special Recommendation I); (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (5) enhancing financial transparency (Recommendation 4); and (6) strengthening customer due diligence measures (Recommendations 5). The FATF encourages Myanmar to address its remaining deficiencies and continue the process of implementing its action plan. Nepal Despite Nepal’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Nepal has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Nepal should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (4) enacting and implementing appropriate mutual legal assistance legislation (Recommendation 36). The FATF encourages Nepal to address its remaining deficiencies and continue the process of implementing its action plan. Nigeria Despite Nigeria’s high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Nigeria has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. It is important to note that Nigeria passed AML and CFT legislation that the FATF has not yet examined due to the very recent nature of this action. The FATF will assess this legislation and, in any case, Nigeria should work on addressing its deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring that relevant laws or regulations address deficiencies in customer due diligence requirements and that they apply to all financial institutions (Recommendation 5); and (4) demonstrating that AML/CFT supervision is undertaken effectively across the financial sector (Recommendation 23). The FATF encourages Nigeria to address its remaining deficiencies and continue the process of implementing its action plan. Sri Lanka Despite Sri Lanka’s high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Sri Lanka has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Sri Lanka should work on addressing these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); and (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Sri Lanka to address its remaining deficiencies and continue the process of implementing its action plan. Syria Despite Syria’s high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Syria has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. It is important to note that Syria issued an AML/CFT Decree that the FATF has not yet assessed due to the very recent nature of this action. The FATF will assess this decree and, in any case, Syria should continue to work on addressing its deficiencies, including by: (1) adopting adequate measures to implement and enforce the 1999 International Convention for the Suppression of Financing of Terrorism (Special Recommendation I); (2) ensuring adequate criminalisation of terrorist financing (Special Recommendation II); (3) implementing adequate procedures for identifying and freezing terrorist assets (Special Recommendation III); (4) ensuring financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT (Recommendation 13 and Special Recommendation IV); and (5) adopting appropriate laws and procedures to provide mutual legal assistance (Recommendations 36-38, Special Recommendation V). The FATF encourages Syria to address its remaining deficiencies and continue the process of implementing its action plan. Trinidad and Tobago Despite Trinidad and Tobago’s high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Trinidad and Tobago has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. It is important to note that Trinidad and Tobago enacted CFT Regulations and FIU Regulations that the FATF has not yet examined due to the very recent nature of this action. The FATF will assess these regulations and, in any case, Trinidad and Tobago should continue to work on addressing its deficiencies, including by: (1) implementing adequate procedures to identify and freeze terrorist assets without delay (Special Recommendation III); (2) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (3) establishing a fully operational and effectively functioning FIU, including supervisory powers (Recommendation 26). The FATF encourages Trinidad and Tobago to address its remaining deficiencies and continue the process of implementing its action plan. Turkey Despite Turkey’s high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies, the FATF is not yet satisfied that Turkey has made sufficient progress in implementing its action plan, and certain strategic AML/CFT deficiencies remain. Turkey should work on addressing these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); and (2) implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III). The FATF encourages Turkey to address its remaining deficiencies and continue the process of implementing its action plan. - Producing two public documents as part of its ongoing work to identify jurisdictions that may pose a risk to the international financial system.
FATF Statement from the 28th Meeting in Paris Dated 22-10-2010
FATF Public Statement
Paris, 22 October 2010 - The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and, along with the FATF-style regional bodies (FSRBs), works with them to address those deficiencies that pose a risk to the international financial system. The FATF and the relevant FSRBs will continue to work with the jurisdictions below and report on their progress in addressing the identified deficiencies.
1. Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the ongoing and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdiction *: Iran 2. Jurisdictions with strategic AML/CFT deficiencies that have not committed to an action plan developed with the FATF to address key deficiencies as of October 2010. The FATF calls on its members to consider the risks arising from the deficiencies associated with the jurisdiction, as described below. Democratic People's Republic of Korea (DPRK) * The FATF has previously issued public statements calling for counter-measures on Iran. Those statements are updated below.
Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the ongoing and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdiction:
Iran
The FATF welcomes the recent steps that Iran has taken to engage with the FATF, but remains concerned by Iran's failure to meaningfully address the ongoing and substantial deficiencies in its anti-money laundering and combating the financing of terrorism (AML/CFT) regime The FATF remains particularly concerned about Iran's failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system. The FATF urges Iran to immediately and meaningfully address its AML/CFT deficiencies, in particular by criminalising terrorist financing and effectively implementing suspicious transaction reporting (STR) requirements
The FATF reaffirms its call on members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions. In addition to enhanced scrutiny, the FATF reaffirms its 25 February 2009 call on its members and urges all jurisdictions to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism (ML/FT) risks emanating from Iran. FATF continues to urge jurisdictions to protect against correspondent relationships being used to bypass or evade counter-measures and risk mitigation practices, and to take into account ML/FT risks when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdiction. If Iran fails to take concrete steps to improve its AML/CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen counter-measures in February 2011.
- Jurisdictions with strategic AML/CFT deficiencies that have not committed to an action plan developed with the FATF to address key deficiencies as of October 2010. The FATF calls on its members to consider the risks arising from the deficiencies associated with the jurisdiction, as described below.
Democratic People's Republic of Korea (DPRK)
The Democratic People's Republic of Korea (DPRK) has not committed to the AML/CFT international standards, nor has it responded to the FATF's numerous requests for engagement on these issues. DPRK's lack of a comprehensive AML/CFT regime poses a risk to the international financial system. DPRK should work with the FATF to develop a viable AML/CFT regime in line with international standards.
Improving Global AML/CFT Compliance: update on-going process
Paris 22 October 2010 - As part of its ongoing review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdictions which have strategic AML/CFT deficiencies for which they have developed an action plan with the FATF While the situations differ among each jurisdiction, each jurisdiction has provided a written high-level political commitment to address the identified deficiencies. FATF welcomes these commitments.
A large number of jurisdictions have not yet been reviewed by the FATF. The FATF continues to identify additional jurisdictions, on an ongoing basis, that pose a risk in the international financial system. The new jurisdictions identified in this document are: Bangladesh Ghana, Honduras, Philippines, Tanzania, Venezuela, and Vietnam. The FATF has additionally begun initial reviews of a number of other jurisdictions as part of this process and will present its findings next year.
The FATF and the FSRBs will continue to work with the jurisdictions noted below and to report on the progress made in addressing the identified deficiencies. The FATF calls on these jurisdictions to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented below.
Angola
In June 2010, Angola made a high-level political commitment to Work With the FATF to address its strategic AML/CFT deficiencies. Since June, Angola has taken steps towards improving its AML/CFT regime, including by enacting an AML/CFT law and ratifying the UN Convention on Transnational Organised Crime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Angola will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) establishing and implementing an adequate legal framework for identifying, tracing and freezing terrorist assets (Special Recommendation III); and (4) ratifying the UN Convention for the Suppression of the Financing of Terrorism. The FATF encourages Angola to address its remaining deficiencies and continue the process of implementing its action plan.
Antigua and Barbuda
In February 2010, Antigua and Barbuda made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Since June, Antigua and Barbuda has taken steps towards improving its AML/CFT regime, including by passing the Cooperative Societies Bill framework. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Antigua and Barbuda should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); (2) continuing to improve the overall supervisory framework (Recommendation 23); and (3) enhancing financial transparency (Recommendation 4). The FATF encourages Antigua and Barbuda to address its remaining deficiencies and continue the process of implementing its action plan.
Bangladesh
In October 2010, Bangladesh made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Bangladesh has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Bangladesh will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (5) improving suspicious transaction reporting requirements (Recommendation 13 and Special Recommendation IV); and (6) improving international cooperation (Recommendations 36 and 39 and Special Recommendation V). The FATF encourages Bangladesh to address its remaining deficiencies and continue the process of implementing its action plan.
Bolivia
In February 2010, Bolivia made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic deficiencies remain. Bolivia should continue to work on implementing its action plan to address these deficiencies, including by: (1) ensuring adequate criminalisation of money laundering g (Recommendation 1); (2) adequately criminalizing terrorist financing (Special Recommendation II); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); and (4) establishing a fully operational and effective Financial Intelligence Unit (Recommendation 26). The FATF encourages Bolivia to address its remaining deficiencies and continue the process of implementing its action plan.
Ecuador
In June 2010, Ecuador made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. Since June, Ecuador has taken steps towards improving its AML/CFT regime, including by tabling a revised AML/CFT law. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Ecuador will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (4) reinforcing and improving coordination of financial sector supervision (Recommendation 23). The FATF encourages Ecuador to address its remaining deficiencies and continue the process of implementing its action plan.
Ethiopia
In June 2010, Ethiopia made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Ethiopia will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing an adequate legal framework and procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) raising awareness of AML/CFT issues within the law enforcement community (Recommendation 27); and (5) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF encourages Ethiopia to address its remaining deficiencies and continue the process of implementing its action plan.
Ghana
In October 2010, Ghana made a high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies. Ghana has taken steps towards improving its AML/CFT regime. However, the FATF has determined that strategic AML/CFT deficiencies remain. Ghana will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate measures for the confiscation of funds related to money laundering (Recommendation 3); (3) establishing effective CDD measures (Recommendation 5); (4) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (5) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Ghana to address its remaining deficiencies and continue the process of implementing its action plan.
Greece
In February 2010, Greece made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since June, Greece has taken steps towards improving its AML/CFT regime, including by taking measures to enhance the effectiveness of the FIU and adopting legislation to adequately criminalise terrorist financing. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Greece should continue to work on implementing its action plan to address these deficiencies, including by: (1) improving exisiting mechanisms and procedures for freezing terrorist assets under UNSCR 1373 (Special Recommendation III); and (2) further enhancing the effectiveness of the FIU (Recommendation 26). The FATF encourages Greece to address its remaining deficiencies and continue the process of implementing its action plan.
Honduras
In October 2010, Honduras made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Honduras has taken steps towards improving its AML/CFT regime. However, the FATF has determined that strategic AML/CFT deficiencies remain. Honduras will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); and (4) improving and broadening CDD measures (Recommendation 5). The FATF encourages Honduras to address its remaining deficiencies and continue the process of implementing its action plan.
Indonesia
In February 2010, Indonesia made a high-level political commitment to work with the FATF and the APG to address its strategic AML/CFT deficiencies. Since June, Indonesia has taken steps towards improving its AML/CFT regime, including by approving a new AML law on October 2010. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Indonesia should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) ensuring effective criminalisation of money laundering (Recommendation 1); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); and (3) amending and implementing laws or other instruments to fully implementing the 1999 International Convention for the Suppression of Financing of Terrorism (Special Recommendation I). The FATF encourages Indonesia to address its remaining deficiencies and continue the process of implementing its action plan.
Kenya
In February 2010, Kenya made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Kenya should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) establishing and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III); (4) raising awareness of AML/CFT issues within the law enforcement community (Recommendation 27); and (5) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17). The FATF encourages Kenya to address its remaining deficiencies and continue the process of implementing its action plan.
Morocco
In February 2010, Morocco made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since June, Morocco has taken steps towards improving its AML/CFT regime, including by taking initial steps to make the FIU more operational. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Morocco should continue to work on implementing its action plan to address these deficiencies, including by: (1) amending the penal code to extend the scope of the ML and FT offences (Recommendation 1 and Special Recommendation II); (2) amending relevant laws or regulations to address deficiencies in customer due diligence requirements (Recommendation 5); and (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26). The FATF encourages Morocco to address its remaining deficiencies and continue the process of implementing its action plan
Myanmar
In February 2010, Myanmar made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Myanmar should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) strengthening the extradition framework in relation to terrorist financing (Recommendation 35 and Special Recommendation I); (4) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (5) enhancing financial transparency (Recommendation 4); and (6) strengthening customer due diligence measures (Recommendations 5). The FATF encourages Myanmar to address its remaining deficiencies and continue the process of implementing its action plan.
Nepal
In February 2010, Nepal made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June, Nepal has taken steps towards improving its AML/CFT regime, including by tabling draft amendments on money laundering and terrorist financing. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Nepal should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (4) enacting and implementing appropriate mutual legal assistance legislation (Recommendation 36). The FATF encourages Nepal to address its remaining deficiencies and continue the process of implementing its action plan.
Nigeria
In February 2010, Nigeria made a high-level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Nigeria should continue to work on implementing its action plan to address these deficiencies, including by- (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring that relevant laws or regulations address deficiencies in customer due diligence requirements and that they apply to all financial institutions (recommendation 5); and (4) demonstrating that AML/CFT supervision is undertaken effectively across the financial sector (Recommendation 23). The FATF encourages Nigeria to address its remaining deficiencies and continue the process of implementing its action plan.
Pakistan
In June 2010, Pakistan made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. Since June, Pakistan has taken steps towards improving its AML/CFT regime, including by broadening the scope of ML predicate offences. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Pakistan will work on implementing its action plan to address these deficiencies, including by (1) demonstrating adequate criminalisation of money laundering and terrorist financing (Recommendation 1 and Special Recommendation II)- (2) demonstrating adequate procedures to identify freeze and confiscate terrorist assets (Special Recommendation III), (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) demonstrating effective regulation of money service providers, including an appropriate sanctions regime, and increasing the range of ML/FT preventive measures for these services (Special Recommendation vi), and (5) improving and implementing effective controls for cross-border cash transactions (Special Recommendation IX). The FATF encourages Pakistan to address its remaining deficiencies and continue the process of implementing its action plan.
Paraguay
In February 2010, Paraguay made a high-level political commitment to work with the FATF and GAFISUD to address its strategic AML/CFT deficiencies. Since June, Paraguay has taken steps towards improving its AML/CFT regime, including by establishing some fundamental CDD measures. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Paraguay should continue to work on implementing its action plan to address these deficiencies, including by: (1) establishing and implementing adequate procedures to identify, freeze and confiscate terrorist assets (Special Recommendation III); (2) improving financial transparency (Recommendation 4); (3) improving and broadening customer due diligence measures (Recommendation 5); and (4) implementing effective controls for cross-border cash transactions (Special Recommendation IX). The FATF encourages Paraguay to address its remaining deficiencies and continue the process of implementing its action plan.
Philippines
In October 2010, the Philippines made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. The Philippines has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. The Philippines will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) implementing adequate procedures to identify and freeze terrorist assets and confiscate funds related to money laundering (Special Recommendation III and Recommendation 3); (3) enhancing financial transparency (Recommendation 4); (4) ensuring capacity and financial resources for competent authorities (Recommendation 30); and (5) establishing effective CDD measures (Recommendation 5). The FATF encourages the Philippines to address its remaining deficiencies and continue the process of implementing its action plan.
São Tomé and Príncipe
In October 2010, São Tomé and Príncipe made a high- level political commitment to work with the FATF and GIABA to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sao Tome and Principe will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) ensuring that financial institutions and DNFBPs are subject to adequate AML/CFT regulation and supervision, and that competent authority or authorities have been designated to ensure compliance with AML/CFT requirements (Recommendations 23, 24 and 29); (4) implementing effective, proportionate and dissuasive sanctions in order to deal with natural or legal persons that do not comply with the national AML/CFT requirements (Recommendation 17); and (5) taking the necessary action to gain membership of GIABA. The FATF encourages Sao Tome and Principe to address its remaining deficiencies and continue the process of implementing its action plan.
Sri Lanka
In February 2010, Sri Lanka made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sri Lanka should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); and (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III). The FATF encourages Sri Lanka to address its remaining deficiencies and continue the process of implementing its action plan.
Sudan
In February 2010, Sudan made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. Since June, Sudan has taken steps towards improving its AML/CFT regime, including by conducting outreach to financial institutions on AML/CFT obligations and taking initial steps to operationalise the FIU. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Sudan should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing adequate procedures for identifying and freezing terrorist assets (Special Recommendation III); (2) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (3) ensuring financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT (Recommendation 13 and Special Recommendation IV); and (4) implementing a supervisory programme for the regulators to ensure compliance with the provisions of the new law and regulations (Recommendation 23). The FATF encourages Sudan to address its remaining deficiencies and continue the process of implementing its action plan.
Syria
In February 2010, Syria made a high-level political commitment to work with the FATF and MENAFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Syria should continue to work on implementing its action plan to address these deficiencies, including by: (1) adopting adequate measures to implement and enforce the 1999 International Convention for the Suppression of Financing of Terrorism (Special Recommendation I); (2) adequately criminalising terrorist financing (Special Recommendation II); (3) implementing adequate procedures for identifying and freezing terrorist assets (Special Recommendation III); (4) ensuring financial institutions are aware of and comply with their obligations to file suspicious transaction reports in relation to ML and FT (Recommendation 13 and Special Recommendation IV) and (5) adopting appropriate laws and procedures to provide mutual legal assistance (Recommendations 36-38, Special Recommendation V). The FATF encourages Syria to address its remaining deficiencies and continue the process of implementing its action plan.
Tanzania
In October 2010, Tanzania made a high-level political commitment to work with the FATF and ESAAMLG to address its strategic AML/CFT deficiencies. Tanzania has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Tanzania will work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets as well as implementing the UNSCR 1267 and 1373 through law, regulations or other enforceable means (Special Recommendation III); (3) establishing effective CDD measures (Recommendation 5); (4) establishing adequate record-keeping requirements (Recommendation 10); (5) establishing a fully operational and effectively functioning national Financial Intelligence Unit (Recommendation 26); and (6) designating competent authorities to ensure compliance with AML/CFT requirements (Recommendation 23). The FATF encourages Tanzania to address its remaining deficiencies and continue the process of implementing its action plan.
Thailand
In February 2010, Thailand made a high-level political commitment to work with the FATF and APG to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Thailand should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); and (3) further strengthening AML/CFT supervision (Recommendation 23). The FATF encourages Thailand to address its remaining deficiencies and continue the process of implementing its action plan.
Trinidad and Tobago
In February 2010, Trinidad and Tobago made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Trinidad and Tobago should continue to work on implementing its action plan to address these deficiencies, including by: (1) implementing adequate procedures to identify and freeze terrorist assets without delay (Special Recommendation III); (2) implementing adequate procedures for the confiscation of funds related to money laundering (Recommendation 3); and (3) establishing a fully operational and effectively functioning FIU, including supervisory powers (Recommendation 26). The FATF encourages Trinidad and Tobago to address its remaining deficiencies and continue the process of implementing its action plan.
Turkey
In February 2010, Turkey made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Since June, Turkey has taken steps towards improving its AML/CFT regime, including by working on draft CFT legislation. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Turkey should continue to work on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); and (2) implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III). The FATF encourages Turkey to address its remaining deficiencies and continue the process of implementing its action plan.
Turkmenistan
In June 2010, Turkmenistan made a high-level political commitment to work with the FATF and EAG to address its strategic AML/CFT deficiencies. Since June, Turkmenistan has taken steps towards improving its AML/CFT regime, including by holding training workshops to build the capacity of its FIU. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Turkmenistan will work on implementing its action plan to address these deficiencies, including by: (1) addressing the remaining issues with the criminalisation of money laundering and terrorist financing (Recommendation 1 and Special Recommendation II), (2) implementing adequate procedures to identify and freeze terrorist assets without delay (Special Recommendation III); (3) ensuring a fully operational and effectively functioning FIU (Recommendation 26), (4) developing collaboration between the FIU and domestic counterparts, including supervisory authorities, and (5) strengthening international cooperation. The FATF encourages Turkmenistan to address its remaining deficiencies and continue the process of implementing its action plan.
Ukraine
In February 2010, Ukraine made a high-level political commitment to work with the FATF and MONEYVAL to address its strategic AML/CFT deficiencies. Since June, Ukraine has taken steps towards improving its AML/CFT regime, including by bringing a new AML/CFT law into force. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Ukraine should continue to work on implementing its action plan to address these deficiencies, including by: (1) addressing remaining issues regarding criminalisation of money laundering (Recommendation 1); and (2) improving and implementing an adequate legal framework for identifying and freezing terrorist assets (Special Recommendation III). The FATF encourages Ukraine to address its remaining deficiencies and continue the process of implementing its action plan.
Venezuela
In October 2010, Venezuela made a high-level political commitment to work with the FATF and CFATF to address its strategic AML/CFT deficiencies. Venezuela has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic deficiencies remain. Venezuela will work with the FATF and CFATF on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising terrorist financing (Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26); (4) implementing adequate CDD guidelines for all sectors (Recommendation 5); and (5) establishing adequate STR reporting obligations for ML and TF (Recommendation 13 and Special Recommendation IV). The FATF encourages Venezuela to address its remaining deficiencies and continue the process of implementing its action plan.
Vietnam
In October 2010, Vietnam made a high-level political commitment to work with the FATF to address its strategic AML/CFT deficiencies. Vietnam has taken steps towards improving its AML/CFT regime. However, the FATF has determined that certain strategic AML/CFT deficiencies remain. Vietnam will work with the FATF and the APG on implementing its action plan to address these deficiencies, including by: (1) adequately criminalising money laundering and terrorist financing (Recommendation 1 and Special Recommendation II); (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) improving the overall supervisory framework (Recommendation 23); (4) improving and broadening customer due diligence measures and reporting requirements (Recommendation 5, 13, and Special Recommendation IV); and (5) strengthening international cooperation (Recommendations 36, 40). The FATF encourages Vietnam to address its remaining deficiencies and continue the process of implementing its action plan.
Yemen
In February 2010, Yemen made a high-level political commitment to work with the FATF and MENFATF to address its strategic AML/CFT deficiencies. However, the FATF has determined that certain strategic deficiencies remain. Yemen should continue to work on implementing its action plan to address these deficiencies, including by: (1) issue regulations to implement AML law; (2) establishing and implementing adequate procedures to identify and freeze terrorist assets (Special Recommendation III); (3) issuing substantive guidance/instructions to reporting institutions with respect to their ML/FT obligations (Recommendation 25); (4) developing the monitoring and supervisory capacity of the financial sector supervisory authorities and the FIU, to ensure compliance by financial institutions with their STR obligations, especially in relation to FT (Recommendation 23); and (5) ensuring a fully operational and effectively functioning Financial Intelligence Unit (Recommendation 26). The FATF encourages Yemen to address its remaining deficiencies and continue the process of implementing its action plan.
In February 2010, the FATF identified the following jurisdictions as having strategic AML/CFT deficiencies. Since then, they have substantially addressed the strategic deficiencies identified in their action plans and will be removed from this FATF monitoring process. The jurisdictions will continue to work with their respective FSRBs to improve their AML/CFT regimes.
Qatar
The FATF welcomes Qatar's significant progress in improving its AML/CFT regime and notes that Qatar has met its commitments in its Action Plan regarding the strategic AML/CFT deficiencies that the FATF had identified in February 2010. Qatar is therefore no longer subject to FATF's monitoring process under its ongoing global AML/CFT compliance process. Qatar will work with MENAFATF as it continues to address the full range of AML/CFT issues identified in its Mutual Evaluation Report, in particular compliance with Special Recommendation III (adequate procedures to identify and freeze terrorist assets).
Azerbaijan
The FATF welcomes Azerbaijan's significant progress in improving its AML/CFT regime and notes that Azerbaijan has met its commitments in its Action Plan regarding the strategic AML/CFT deficiencies that the FATF had identified in February 2010. Azerbaijan is therefore no longer subject to FATF's monitoring process under its ongoing global AML/CFT compliance process. Azerbaijan will work with MONEYVAL as it continues to address the full range of AML/CFT issues identified in its Mutual Evaluation Report, particularly compliance with SRIII (adequate procedures to identify and freeze terrorist assets).
Statement from Financial Action Task Force (FATF) on 18-2-2010 from Joint Assembly Meeting in Abu-Dhabi
This section is currently available only in Arabic, please click here to read the Arabic version.Due Diligence and Transparency Regarding Cover Payment Messages Related to Cross-Border Wire Transfers
The Basel Committee on Banking Supervision has issued the attached paper in May 2009 entitled: "Due Diligence and Transparency Regarding Cover Payment Messages Related to Cross-Border Wire Transfers". This guidance aims to enhance transparency in cross-border payment messages. The paper also addresses issues including information to be included on payment messages, various mechanisms that must be used to ensure that complete and accurate information has been included in messages and the different roles of parties involved in these mechanisms.
The proposal also takes into consideration Financial Action Task Force (FATF) Recommendation Ⅶ on wire transfers, and the SWIFT Community Technical solution which is planned for implementation in November 2009.
It is very important for the Banks to review and implement the systems and procedures in response to the proposals in Section Ⅱ "The Roles of Banks Processing Cross-Border Wire Transfers".
SAMA requires banks to examine their current practices in light of these new guidelines and ensure that they are in line with those described in this paper. Any major differences or deviations from these recommendations should be reported to SAMA by 15 October 2009. Also, in evaluating banks' practices in future, SAMA supervisors will take into account these guidelines.
Governmental Agencies
Completion of Joint Signatures Required for Withdrawals from Government Accounts
Referring to the letter of His Excellency the Minister of Finance No. 8906 dated 3/9/1440 H, referring to the Royal Order No. 47723 dated 24/8/1440 H, stating that government entities that have bank accounts must adhere to joint signatures when withdrawing from them, in accordance with the powers determined by the relevant regulations.
SAMA emphasizes to all banks operating in the Kingdom that they should not accept withdrawals from government bank accounts except with joint signature from the authorized individuals, in implementation of the aforementioned Royal Order.
The Obligation to Obtain SAMA No Objection Before Providing Governmental and Non Governmental Entities with Information and Supervisory and Statistical Data
In reference to the periodic supervisory statements provided to SAMA by finance companies, which play a crucial role in SAMA's supervisory and regulatory functions to enhance the stability and financial soundness of the finance sector and improve the quality of financial services and products. SAMA is also keen on improving the accuracy of reports and statistical publications by implementing the best measures to verify the accuracy of this data and promoting transparency through its publication across available media.
Therefore, SAMA emphasizes that finance companies must obtain SAMA's no objection before providing governmental and non-governmental entities with supervisory data that is submitted to SAMA periodically, as well as unpublished statistical data.
Instructions on Providing Government and Non-Government Entities with Documents, Information and Data of Customer Bank Accounts
No: 391000079052 Date(g): 29/3/2018 | Date(h): 12/7/1439 Status: In-Force Translated Document
Given that banking confidentiality is a fundamental principle in banking operations worldwide, and due to its importance as a cornerstone of the banking sector's reputation and the enhancement of trust among its clients, the regulations in the Kingdom have accorded it the utmost importance. Referring to SAMA’s Circular No. (371000018717) dated 14/2/1437H, which emphasizes the instructions on banking information confidentiality and the prohibition of disclosing customer data without obtaining SAMA's non-objection, and with the aim of clarifying the procedures and mechanisms that banks, financial institutions, and licensed exchange operators in the Kingdom should follow concerning repeated requests and inquiries in this regard.
You will find the instructions governing the cases in which banks, and licensed money changers are prohibited from directly disclosing customer data and information to entities without obtaining SAMA's non-objection, as well as the cases in which direct disclosure to entities is allowed without referring to SAMA or obtaining prior non-objection.
For your information, and to inform all relevant departments and branches to act accordingly.
First: Cases in which Banks, and Licensed Money Changers are Prohibited from Directly Disclosing to Government and Non-Government Entities
Several regulations and guidelines have authorized certain entities to request information, documents, or disclosure of customer banking relationships and accounts. However, they require that such requests be submitted through SAMA. These are as follows:
1- Criminal Cases: Article (58) of the Implementing Regulations of the Law of Criminal Procedure issued by Minister Council Decision No. (142) dated 21/3/1436 H specifies the competent authority for requesting such information. It states: "Seizure of funds and bank balances and inquiries thereon during the investigation stage shall be pursuant to a request submitted to the Saudi Central Bank by the head of the Bureau branch in the province or by an authority having the power to submit such request.
2- Civil Cases: The specialized judicial authorities are responsible, based on the Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433H and its Implementing Regulations, and the Law of Civil Procedures issued by Royal Decree No. (M/1) dated 22/1/1435H. These laws grant judicial authorities various powers in this regard through a request directed to SAMA.
This has been previously confirmed by the written telegram circular issued by His Royal Highness the Minister of Interior, No. (89853) dated 30/6/1436H, which emphasizes that requests for information, documents, disclosure of banking relationships and accounts, or their seizure must be made through SAMA upon request from the Public Prosecution in criminal cases or from judicial authorities in civil cases.
3- Powers granted to certain other government entities under their regulations: Some other public entities' regulations include exceptional powers to request specific information about certain bank customers and licensed Money Changers in the Kingdom who are relevant to their activities. Requests for such information must follow the same procedures as those for criminal and civil cases, meaning they should be made through SAMA and with its approval based on objective criteria (facts and circumstances) provided.
Therefore, banks, and licensed Money Changers in the Kingdom, when receiving a direct request from government or non-government entities related to the above-mentioned cases, must respond in writing by declining to fulfill the request. The response should reference the number and date of SAMA's instructions and clarify that such requests should be made through SAMA, either upon request from the Public Prosecution in criminal cases or from the competent judicial authorities in civil cases. For requests from authorized government entities, they should be submitted directly to SAMA (attached is Guideline Template for Responding to entities).
Second: Specific Cases and Entities for which Banks, and Licensed Money Changers are Allowed to Directly Disclose Information, Data, Documents, or Banking Relationships and Accounts without Needing to Obtain a Non-objection Letter from SAMA
Notwithstanding what is mentioned in clause (First) above, and in accordance with the special instructions issued by SAMA to banks, and licensed money changers, and based on the contractual relationships between entities, banks, money changers and their clients, the following cases are exceptions where information, documents, data, and banking relationships and accounts may be disclosed directly without needing SAMA's non-objection. These cases are exhaustive and include:
1. Requests received directly from the General Directorate of Financial Intelligence at the Presidency of State Security, based on the provisions of the Anti-Money Laundering Law or the Law on Combatting the Financing of Terrorism, for providing information, data, and documents related to a suspicious transaction report previously sent by the bank, or licensed money changer. The requested data, information, and documents should be limited to what is specified in the report.
2. Requests received directly from judicial authorities regarding lawsuits in which the bank, or licensed money changer is a party (plaintiff or defendant). The information or documents provided to the judicial authorities should be limited to what is necessary for the case and should not extend to disclosing data or information about other clients (parties) who are not involved in the lawsuit.
3. Requests received directly from government and non-government entities regarding information, documents, and data related to their own accounts and transactions with the bank, or licensed money changer. The request must be signed by the authorized individuals managing the entity's accounts or by the highest responsible official in the entity, in accordance with the contractual relationship provisions.
4. Requests received directly from the Public Prosecution and security agencies and their branches for providing video recordings from ATMs located outside branch locations, outside the main office, or regional offices, or from their external facades (for transactions that have not exceeded twelve months from the date of execution).
5. Requests received directly from the Public Prosecution and security agencies and their branches for providing video recordings from cameras located on the external facades of branch locations, the main office, and regional offices, which capture only the exterior surroundings of the building, for transactions that have not exceeded twelve months from the date of execution.
Third: Compliance with the Provisions of These Instructions and Not Exceeding Them
- Banks, and licensed money changers must designate a department at their head office to handle the requests mentioned above. They must also have internal audit prepare an annual report detailing the number and types of cases and entities dealt with in accordance with these instructions.
- SAMA emphasizes that the disclosure or misuse of customer information—beyond the mechanisms and procedures outlined in these instructions—is considered a criminal act under the Banking Control Law and is subject to legal penalties. Banks, and money changers must continuously ensure that their staff is aware of this and monitor compliance with these instructions.
Guideline Template for Appropriate Responses to the Cases in Item First
Subject: Request for Banking Information
Dear/Respected Sir/Madam,
The name of the entity to which the response is directed: ____________________Peace be upon you and the mercy of Allah and His blessings,
Subject: Request for Banking Information.
We refer to your letter No. ..................... dated ..................... (regarding the request for (information/documents ..................... as requested) concernin/.................., ID Number (.....................).
We would like to inform you that the instructions communicated by the Central Bank under Circular No. (.....................) dated ....................... stipulate that Article (58) of The Implementing Regulations of the Law of Criminal Procedure states that "Seizure of funds and bank balances and inquiries thereon during the investigation stage shall be pursuant to a request submitted to the Saudi Central Bank by the head of the Bureau branch in the province or by an authority having the power to submit such request." Additionally, the provisions of the Enforcement Law and its Implementing Regulations, as well as The Law of Civil Procedure, grant judicial authorities the power to request disclosure of banking relationships and information concerning bank clients and their seizure through the Saudi Central Bank. Furthermore, the telegram from His Royal Highness the Minister of Interior, No. 89853 dated 30/6/1436H, confirmed that requests for information, documents, disclosure of banking relationships and accounts, or their seizure must be made through SAMA upon request from the Public Prosecution in criminal cases or from judicial authorities in civil cases. Requests from other government entities authorized under their regulations for information not related to criminal or civil cases must be made directly from the entity itself to the Central Bank, provided that the request is relevant to the entity's activities and based on objective and substantiated facts and circumstances.
Therefore, we kindly request your attention to the fact that providing the requested (information/documents) will be in accordance with the aforementioned instructions.
Please accept my sincere regards
Signature………………………..
Providing SAMA Quarterly Reports on Government Accounts
SAMA received the Ministry of Finance's letter No. 3720 dated 08/05/1435 H, regarding the request to provide the Ministry with data at quarterly intervals with government account information (only), including accounts opened for special purposes or that originate from donations or grants, such as parallel education accounts in universities and the like.
We hope to provide SAMA on a quarterly basis, starting from the end of the first quarter of the fiscal year 2014, with information on government accounts according to the form attached to you, provided that it is unified in a period not exceeding one month from the end of each quarter. To obtain an electronic copy of the form, you can contact SAMA.
Accepting the Names and Signatures of Authorized Persons to Directly Manage Government Bank Accounts
This section is currently available only in Arabic, please click here to read the Arabic version.Providing Facilities for Some Government Entities, With Amounts Surpassing Their Payment Orders Which are Drawn from the Ministry of Finance
This section is currently available only in Arabic, please click here to read the Arabic version.Government Accounts Opened in Local Banks
This section is currently available only in Arabic, please click here to read the Arabic version.The Agreements Made Between Banks and Government Entities
According to a letter we received from HE the Minister of Finance & National Economy No. 12/7363, dated 10-7-1418 H, some government agencies are terminating agreements concluded with banks specified by SAMA and, instead, concluding agreements with other banks regarding salary payments to their employees without recourse to Minister of Finance and National Economy.
Pursuant to the Ministry of Finance & National Economy circular No. 12/1936 dated 16-6-1405 H, a copy of which was communicated to you, re the implementation rules for payment of civil servants through checks drawn on operating Saudi banks, article (2) thereof stated that the bank in which a current A/c is opened for salary payment has to be specified by SAMA at the request of the relevant government agency.
Hence, we wish to stress on all your employees in charge not to accept any offer, conclude any agreement with any government agency or open any A/c without a prior approval by SAMA after consultation with the Ministry of Finance & National Economy to understand the reasons and justifications for this.
Please do the necessary and acknowledge receipt.
The Revised Edition of the Permanent Instruction Manual for the Uniforms and Equipment of Security Personnel in Government Entities and Private Institutions
SAMA has received the letter of HRH the Minister of Interior No. 5/535/4 dated 15-5-1416H, attached thereto an amended copy of the instruction booklet regarding clothing and equipping of the security employees of government agencies and departments.
We attach herewith ( ) copies of the booklet which will go into effect within one year from the date of HRH circular.
Please be informed and notify all your branches accordingly.
Violations Limited to Governmental Entities and Banks
SAMA received a letter from His Excellency the Minister of Finance and National Economy No. 6881/12 dated 12/10/1415H, referring to the Royal Directive No. 1501/3 dated 4/2/1412H, which was based on a letter from His Excellency the Minister of State and Chairman of the Oversight and Investigation Commission No. 13/Kh dated 14/1/1412H. The letter indicated that the commission conducted inspections of several government departments using checks to disburse employee salaries through commercial banks and their branches. These inspections resulted in several observations that the Royal Directive ordered to be studied by specialists in the relevant ministries.
The committee formed for this purpose concluded in its final report, which was submitted regarding these observations, that the violations identified are confined between the government entity and the client bank. Accordingly, His Excellency the Minister of Finance and National Economy, in his aforementioned letter, requested that the following be communicated to banks:
- Cashiers and disbursement officers in government departments have been depositing public funds into their personal accounts in commercial banks. Client banks must not accept deposits of any checks related to public funds into personal accounts.
- Some departments have been using salary current accounts for other purposes. Commercial banks must not accept any deposits into these accounts that are unrelated to salaries.
- Some government entities have opened current accounts in commercial banks without consulting the Ministry of Finance and National Economy and SAMA, as required by current regulations. Commercial banks must not open any accounts for government entities without authorization from SAMA.
- Some government entities have issued salary checks with a single signature or based on stamps instead of handwritten signatures. Commercial banks must not accept any check that carries only a stamp or a single signature.
- Certain government entities have been printing salary checks on their own, in violation of instructions requiring such entities to obtain checkbooks in the necessary quantity from the bank, based on an official letter issued by the authorized person. Client banks must not accept any check not issued directly by the bank itself.
We request strict adherence to the above guidelines, avoiding any violations, and that all branches be informed to comply accordingly.
Instructions About the Opening by Some Government Agencies of Accounts with Local Banks
Re letter of HE the Minister of Finance & National Economy No. 19/21, dated 1/2/1411 H, regarding instructions about the opening by some government agencies of accounts with local banks for various purposes, such as the various disbursement committees, subsidies, lending and operating funds, revenues and the like, which were approved by Ministerial decision No. 19/208, dated 1/2/1411 H, and included the following instructions:
- The government agency must submit an account opening application to the Minister of Finance and National Economy (Directorate General of Accounts). After studying the application, the Ministry shall notify SAMA of opening the account with one of the local banks. The government agency will then provide the bank with the names and signature samples of the authorized signatories.
- The name of the beneficiary shall be in the payment order pertaining to deposit in this account (To the order of A/c No…..).
- The A/c at the bank shall be in the name of the government department or authority and not in the name of a physical person. The purpose must be specified for identification from other accounts.
- Check books shall be requested by an official letter signed by those authorized to withdraw.
- The authorization of deposit and withdrawal must be issued by the officer in charge. Authorized signatories cannot delegate their power to others unless they are so authorized by the officer in charge.
- Withdrawal from the A/c shall be by checks signed jointly by the authorized signatories.
The following banking rules regarding checks must be observed.
(a) The name of the beneficiary must be identical to his name in his identity card. (b) Check must be presented for cashing within 6 months (c) The amount must be identical in letters and figures. (d) Erasing, scratching or using chemical material on the check is not allowed. (e) If the check is amended, the amended part shall be removed and the correct replacement must be signed by the authorized signatories.
All Government Agencies and Domestic Coordinating with the Concerned Department in Um Al-Qura Calendar
SAMA has received the letter of HE the Minister of Finance and National Economy No. 844/404 dated 26-2-1404 H. referring to Royal Order No. 1546 dated 24-2-1404 H, which instructed all government agencies and domestic establishments which were issuing calendars at the start of each year to stop doing so starting next Hejira year without coordinating with the concerned department in Um Al-Qura so that their calendars will be consistent with the official calendar.
Please comply with this Royal Order and acknowledge receipt.
Use Arabic in Correspondence with Government Authorities
Reference our circular No. BC/200 dated 5-4-1398 H, referring to the Council of Ministers Decision No. 266 dated 21-2-1398 H, which instructed all foreign companies and institutions, and their branches and offices, working in the Kingdom to use Arabic in their correspondence with Government authorities.
SAMA has received the circular of HE the Minister of Finance and National Economy No. 3282/400 dated 28-6-1400 H, referring to the Order of HRH the Vice President of the Council of Ministers No. 3/H/15351 dated 20-6-1400 H whereby HRH noted that foreign languages are still used in drafting contracts and their attachments and in correspondence between government agencies, institutions and State-owned companies and foreign companies and establishments, despite the two decisions taken by the Council of Ministers instructing foreign companies and establishments, and their branches operating in the Kingdom, to use the Arabic language.
SAMA calls on you to use Arabic in correspondence with government authorities and to instruct your branches in the Kingdom to act accordingly.
Automization of the Requests of the Ministry of Finance Regrading Government Agencies’ Accounts Held with Commercial Banks Operating in Saudi Arabia Through the E-Portal “Hisab”
No: 42076931 Date(g): 13/6/2021 | Date(h): 4/11/1442 Translated Document
Referring to the role of SAMA in supervising and regulating financial institutions under its oversight, based on the powers granted to it by the Banking Control Law issued by Royal Decree No. (M/5) dated 22/02/1386H, and the Rules for Bank Accounts communicated in Circular No. 65681/67 dated 01/11/1440H, and SAMA's initiative to facilitate the processing of requests from the Ministry of Finance related to (opening, activating, closing, modifying the name of) accounts for government entities at commercial banks operating in the Kingdom in a technical manner to enhance the quality of related procedures, speed up their execution, and ease access to the data associated with these requests through the electronic portal "Hisab."
Based on the previous arrangements that the Bank's commissioners have been informed of and provided with the data regarding the use of the electronic portal, we inform you that requests from the Ministry of Finance related to accounts for government entities at all commercial banks under the supervision of SAMA will be processed through the electronic portal "Hisab" according to the attached guide and the powers granted to your designated representatives to handle these requests, starting from Tuesday, 15/06/2021G.
SAMA also emphasizes the importance of directing your specialists to activate their accounts and ensure that all related procedures are completed promptly. They should adhere to and comply with the instructions governing the electronic portal "Hisab" and make the necessary effort and care to process all requests received through the program immediately and as required. It is noted that the responsibility for monitoring the processing of these requests rests with the bank. If there are any inquiries in this regard, please contact via email (GovAccountsInBanks@SAMA.GOV.SA).
Real Estate Development
Continues of Monthly Deduction for Real Estate Fund
Further to SAMA Circular No. 19404/BCS/377 dated 07/05/1428 H supplementary to Circular No. 19838/BCS/250 dated 10/09/1424 H regarding the desire to overcome all obstacles facing the Real Estate Development Fund in collecting its dues from borrowers in order to achieve the Fund's development goals and to continue serving the community through the following:
- Accept the deduction forms issued by the Fund, emphasizing the need for the borrower to sign the bank's forms for debiting from his account.
- Confirmation to stop deducting any commissions for the transfer process from clients' accounts to the Fund's account.
Whereas, SAMA received the letter of His Excellency the Minister of Housing and Chairman of the Board of Directors of the Real Estate Development Fund No. 8657/35701 dated 08/03/1435 H, which includes His Excellency's statement that some banks have suspended the monthly deduction from the borrower's account in favor of the Fund at the request of the borrower without referring to the Fund.
Accordingly, SAMA stresses the need to adhere to the mandatory monthly deduction from the borrowers' accounts in favor of the Fund until the end of the debt or receiving a letter from the Fund approving the suspension of the deduction. And abide by the contents of SAMA Circular No. 351000019897 dated 14/02/1435 H in terms of emphasizing the processing of monthly installments due from borrowers of the real estate development fund in accordance with the Fund's letters received by the Bank in this regard.
For your information and briefing within ten days from its date.
Emphasis on Applying the Method for Calculating Government Subsidies Provided by the Ministry of Municipal and Rural Affairs and Housing or the Real Estate Development Fund according to the Responsible Lending Principles for Individual Customers
Based on the powers vested to SAMA pursuant to The Saudi Central Bank Law issued by Royal Decree No. (M/36) dated 11/04/1442 H , according to the relevant regulations, and to Responsible Lending Principles for Individual Customers, issued pursuant to Circular No. (46538/99) dated 02/09/1439 H, and amended by Circular No. (1/40694) dated 09/09/1439 H.
SAMA wishes to emphasize adherence to the provisions of the principles, including the following:
First: Emphasis on compliance with Article (14/c) of the principles, where Government subsidies, such as those provided through the Citizen Account Program, should not be counted as part of the total monthly income of the consumer, except for government subsidies that are documented and provided by the Ministry of Municipal and Rural Affairs and Housing or the Real Estate Development Fund, which are provided as periodic amounts. Non-financial support or amounts that are not disbursed periodically should not be included in the total monthly income of the consumer.
Second: Emphasizing that the deductible ratio mentioned in Article (15/C) for consumer benefiting from the Ministry of Municipal and Rural Affairs and Housing or the Real Estate Development Fund should be calculated from the total monthly income of the consumer if there are subsidy amounts disbursed to the consumer on a monthly basis.
For your information and action accordingly.
Monthly Installments Due from Borrowers of the Real Estate Development Fund
Referring to the letter of His Excellency the Minister of Housing, Chairman of the Board of Directors of the Real Estate Development Fund No. 3415/3570 dated 25/01/1435 H, which includes a reference to the Fund deducting the installments due from retired or non-employee borrowers from their bank accounts after the borrower signs a form stating his approval of the deduction, and then the borrower reviews the bank to approve the deduction according to the specified date for the start of the deduction, but they often receive complaints from some borrowers stating that the bank has not deducted them at all or that the deduction is made before the specified date, which leads to a defect in collecting the installments due from the Fund’s borrowers and increases the burden of review on borrowers between the Fund and the banks
With reference to paragraph (3/15) of the banking consumer protection principles, we hope to take this into account and fully adhere to the deduction of installments (whether installments of Real Estate Development Fund loans or others) on the agreed date without submitting or delaying the deduction process, and to ensure that the installments of the Fund's borrowers are processed in accordance with the Fund's letters in this regard, with a report of implementation within a week from its date.
Resumption of Monthly Deductions from the Bank Accounts of Real Estate Development Fund Borrowers for Residential Purposes, Starting from the Salary of Jumada I for the Year 1434H
Referring to SAMA Circulars No. 18589/MAT/7431 dated 11/04/1432H and No. 44698/MAT/20914 dated 06/09/1432 H referring to the Royal Decree No. A/18 dated 20/03/1432 H exempting all borrowers from the Real Estate Development Fund for Private Residential Purposes from two installments for a period of two years, and SAMA directing banks to stop the monthly deduction from their customers' accounts in favor of the Real Estate Development Fund, starting from the salary of the month of Jumada Al-Awwal for the year 1432 H for a period of 24 months, so that the deduction resumes starting from the salary of Jumada I for the year 1434 H. Whereas, SAMA received the letter of His Excellency the General Director of the Real Estate Development Fund No. 5296/34701 dated 20/02/1434 H containing a request to resume the monthly discount on borrowers from the Real Estate Development Fund for private residential purposes, starting from the salary of the month of Jumada Al-Awwal for the year 1434 H.
Therefore, we hope to resume the monthly discount on borrowers from the Real Estate Development Fund for private residential purposes, starting from the salary of the month of Jumada Al-Awwal for the year 1434 H.
Real Estate Development Fund Loan Installments
SAMA received the letter of His Excellency the Minister of Housing No. 7917/33701 dated 9/3/1433 H, which includes that the Real Estate Development Fund requests to repay the loan in monthly installments, and due to the difference in the value of the loan from one borrower to another and therefore the amount of the installment deducted on the borrower, it may result in differences in the amount of the monthly installment and the amount of the installment is not equal in all the monthly installments paid during the three hundred installments, and in most cases it is necessary to settle the differences in one of the paid monthly installments. The Ministry of Housing wishes to inform banks that the amount of the last monthly installment is different from the rest of the installments.
Therefore, we inform you that SAMA has no objection to the deduction of the last installment of the Real Estate Development Fund loan being different from the previous monthly installments, in order to settle the differences arising from the loan in an easy way for borrowers.
Supporting the Real Estate Development Fund to Achieve its Development Goals
This section is currently available only in Arabic, please click here to read the Arabic version.Authorizing the General Manager of the Real Estate Development Fund to Open Bank Accounts
This section is currently available only in Arabic, please click here to read the Arabic version.Supporting the Real Estate Development Fund to Achieve its Development Goals
This section is currently available only in Arabic, please click here to read the Arabic version.Points of Sale
GCC POS Pricing Policy
We would like to inform you that the GCC countries have decided to apply a service fee for Point-of-Sale (POS) operations among GCC countries at a rate of 1% of the transaction value, with a maximum cap of (SAR 37.5) per transaction, to be paid by the host network to the issuing network. No costs from this service fee should be passed on to the customer.
As the POS service between the Kingdom of Saudi Arabia and the Kingdom of Bahrain will soon be operational, SAMA emphasizes compliance with the following:
» When using MADA bank cards at merchant terminals in Bahrain (MADA as an issuer):
- Local issuing banks will receive 0.9% of the transaction value for each purchase transaction conducted in GCC countries and routed through the GCC network, with MADA system fees at 0.1%, capped at (SAR 2).
»When using MADA POS terminals to process transactions with cards issued by banks in Bahrain (MADA as an acquirer):
- Merchants will be charged 1.5% of the transaction value, capped at (SAR 80), which includes Acquiring bank fees (0.4%), MADA system fees (0.1%, capped at SAR 2), and GCC network fees (1%, capped at SAR 37.5).
Accordingly, SAMA emphasizes the implementation of the above service fee policy upon the launch and operation of the service.
- Local issuing banks will receive 0.9% of the transaction value for each purchase transaction conducted in GCC countries and routed through the GCC network, with MADA system fees at 0.1%, capped at (SAR 2).
POS Pricing for Gas Stations
Further to SAMA Circular No. 351000152594 dated 25/12/1435H regarding the SPAN Pricing Policy, and as part of SAMA's efforts to support and promote the use of electronic channels in the financial market for various commercial activities, as well as the studies and discussions conducted with banks and financial institutions operating in the Kingdom to provide Point of Sale (POS) services at fuel stations to facilitate the payment process during refueling,
We inform you that a commercial pricing model has been developed for the POS service in the fuel station sector (fuel refueling service only) for transactions conducted using Saudi Network cards (Debit Cards) and Prepaid Cards. The commercial model has been implemented on the Saudi Payments Network system since the beginning of April of the current year, and it can be summarized as follows:
Subject
Tariff
1
Reciprocal charges (Interchange) Zero (no fee) 2
Saudi Payments Network fees Zero (no fee) 3
Store Fees (Merchant Service Charge) Limit the maximum fee, if any, to (0.07) (seven halala) regardless of the value of the fuel SAMA emphasizes the importance of banks adhering to the following instructions:
Banks must comply with the designated MCC codes (5541 and 5542) used to identify and classify POS terminals for the fuel station sector. These codes must be exclusively applied to such terminals and not to other devices.
Banks must ensure the accuracy and validity of terminal data in the Terminal Management System (TMS).
Banks are required to clearly explain the terms of the mentioned service through the Merchant Service Agreement (MSA) and ensure that the other party (the merchant) accepts them before signing the agreement.
The bank providing the service will face all legal actions and financial and administrative penalties for each terminal if it fails to comply with the exclusive use of the codes mentioned in paragraph (1) of this circular. This applies to POS terminals installed and operated at fuel stations (fuel refueling service only).
Furthermore, SAMA reiterates the importance of adhering to the pricing policy for the Saudi Payments Network system and not imposing any additional fees (such as installation fees, monthly fees, maintenance fees, communication fees, or others) on all POS terminals across various commercial activities. It should be noted that this pricing policy applies exclusively to Saudi Payments Network cards, while other network cards are subject to specific agreements with the bank.
NFC Contactless
Referring to SAMA Circular No. 341000076614 dated 20/6/1434H regarding Saudi Payments Network (Mada) operating rules and regulations.
Attached is the document of technical and operational rules and procedures for the Atheer service (Near Field Communication Technology version 8.1 NFC Contactless) for banks that wish to apply and activate it for their beneficiary customers. The provisions therein must be adhered to, and customers are educated about this service, how to use it and its requirements.
For more information and coordination regarding this service, you can contact the Mada team on the website(mada.com.sa).
Suspending Mobile Point-of-Sale Service for Collecting Donations for Charitable Organizations
Due to the availability of information indicating the use of mobile POS devices to collect donations in markets, squares and mosques in the names of charitable organizations outside their headquarters and geographical scope through kiosks and mobile offices.
The Central Bank of Egypt (CBE) stresses that local banks should not grant charitable organizations and institutions mobile point of sale (GPRS) devices that allow their users to move around with them, and to cancel the services of all existing mobile devices and replace them with POS devices connected to the fixed (landline) phone of the facility within its headquarters only.
Apply PIN Request for All Credit Cards Used at Points of Sale
In reference to the current work program between SAMA and banks, which aims to apply authentication on credit cards using special PIN request when executing transactions at points of sale, and in order to increase the security and safety of electronic financial transactions, all banks issuing credit cards are obliged to apply the authentication feature on all credit cards using the feature of requesting the password (Chip-and-pin) for all transactions conducted at point of sale outlets and converting all credit cards from (Chip-and-signature) to cards supporting the (Chip-and-pin) feature.
We also emphasize taking the necessary measures to ensure gradual implementation without affecting the level of service provided to customers and that the implementation is completed according to the program prepared in cooperation with the relevant banking committees by the end of 2015.
To adopt and act accordingly.
Guidelines for Receipt Printed From POS Machines
Out of SAMA's keenness on the interest of bank customers and the protection of their personal information and in line with the internationally applicable security policies and standards, which work to preserve banking information to reduce fraud and reduce potential risks, and as you know, the current receipts for POS operations show all the card number used, whether on debit or credit card receipts, as SAMA believes that this is a leak of customer card information, which may be misused in fraudulent operations.
Therefore, it was decided that the Bank will coordinate with POS suppliers to amend the POS operations receipts printing form so that it shows the last four digits as follows:
<nnnn************>
Therefore, the bank must take this procedure to modify all current devices before the beginning of Ramadan 1429 H and inform SAMA of what the bank will take in this regard within two weeks from its date, taking into account the evaluation of the current service and solving all obstacles that may face users of POS machines.
Automatic Transfer Service at Point-of-Sale Devices through the Saudi Payments Network
We refer to the meeting held at SAMA on Sunday 12 Shaaban, 1414(23 January 1994), attended by local bank representatives, regarding the automatic transfer service at POS through SPAN and the final preparation for the promotion campaign for this service which is financed by the banks.
The following major points were addressed at the meeting:
I.
The level of service rendered to the commercial firms, whether already connected or will be connected in the future, including the delivery, installation and use of the machines, adequate training of operators and periodic calls on commercial firms to make sure the operators are familiar with the system and service controls.
II.
Starting 21 Shaaban, 1414 (1st February, 1994) the maximum purchase amount via POS shall be SR twenty thousand (20,000/00) per day subject to review in the future.
III.
There is more need now to offer extensive assistance to card holders by explaining to them the features of the services by bank branches, being ready to answer any inquiries raised by the promotion campaign and reminding the clients that they have to sign their cards and replace the ones that do not meet the specifications.
Claims by Bank Clients Arising from ATM and POS Operations
Saudi Central bank has noticed that some banks are delaying the presentation of the ATM Balancing Sheet at the weekly meeting. This is hurting the bank clients by delaying the crediting of their accounts with the banks. Saudi Central Bank, therefore, calls on you to pay this surplus in accordance with the procedures adopted at the weekly meeting without waiting for a request from the client. In the event a bank rejects a claim by a client of another bank, the former bank must submit a copy of the machine tape, plus a copy of the approved daily inventory minutes in order to convince the client of the validity of the operation.
Please be informed and act accordingly.
Deactivation of Point-of-Sale Terminals Tied to Frozen Bank Accounts of Juristic Persons
Based on the powers vested to SAMA under the relevant regulations and instructions, and based on its supervisory and regulatory role over the financial institutions under its supervision.
I would like to inform you that banks operating in the Kingdom must disable point-of-sale devices for the frozen bank accounts of Juristic Persons, while ensuring that all accounts and transactions of Juristic Persons are frozen upon the expiration of the necessary documentation to conduct business.
For your information and action accordingly as of its date.
POS Payment Service of GCC Net
Further to SAMA's instructions issued by Circular No. 7039/41 dated 20/10/1439 H, and Circular No. 371000100598 dated 14/9/1437 H regarding GCC POS Pricing Policy and its associated fees, and in continuation of ongoing work between monetary institutions and central banks in the Gulf Cooperation Council (GCC) countries aimed at integrating payment systems among the GCC states, and referring to what was agreed upon in the periodic meetings of the governors of monetary institutions and central banks in the council to link the POS networks of the GCC countries with the Gulf Payments Network, as this is a vital aspect of integrating payment systems among GCC countries, enhancing and supporting cooperation among the GCC countries.
I would like to inform you that it has been decided to activate the Point of Sale (POS) service for the Gulf Payments Network in the State of Kuwait to accept POS transactions starting from 01/01/2020, and accordingly banks are required to adhere to the following:
First: Take the necessary technical and operational measures to accept and process transactions on their systems and on their point-of-sale (POS) devices to complete purchase transactions via POS between the Kingdom and the State of Kuwait.
Second: Take the necessary commercial measures with their customers holding Gulf Network cards and merchants accepting Gulf Network cards to ensure that transactions are processed in accordance with the approved pricing.
Third: Notify and educate customers holding Gulf Network cards that purchase transactions in the State of Kuwait will be processed through the payment network of (K-Net), which is connected to the Gulf Network.
Fourth: Process and accept all Gulf network transactions using cards bearing the Gulf Network logo, and also accept Gulf network cards on their point-of-sale devices.
For your information, and action accordingly from the activation date mentioned above.
Banks are Prepared to Receive Requests from Car Workshop Owners and Related Services for Point-of-Sale Services Through the National Payment System (Mada)
Referring to the strategic directions of the Financial Sector Development Program in reducing cash transactions and enhancing electronic payments in order to reach a cashless society, and to complement the efforts of SAMA in support of activating the use of electronic channels through the implementation of the Integrated Digital Payments Strategy Program to improve the level of electronic services provided, and to enhance the efforts of the National Program to Combat Commercial Concealment by gradually obliging the retail sector to provide an electronic payment method.
I inform you that in cooperation with the Ministries of Municipal and Rural Affairs and Commerce and Investment, car workshops and related services have been obligated to provide the "Mada Point of Sale" service starting from 18/3/1441 H corresponding to 15/11/2019 G, and in order to succeed in the special efforts to activate this decision, and to ensure the readiness of the banking sector to keep pace with the expected volume of demands, banks must verify the following:
First: Readiness to receive requests to open bank accounts for owners of car workshops and related services, and quick response to them. Second: Readiness to receive and respond to requests for the provision of POS devices through the bank's various channels such as branches, internet banking, and phone banking to facilitate this requirement for owners of car workshops and related services, and to adhere to the specified times for maintenance as stipulated in the Mada standards document and service level agreements. Third: Commitment to use Merchant Category Codes for POS devices designated for this sector, which are as follows: "7531", "7534", "7535", "7538", "5533", "5532". Fourth: Circular internally to the bank's employees of this decision to ensure that they understand it adequately when receiving requests and inquiries in this regard. For your information ana action accordingly, and communicate it to all concerned departments and branches.
Preparedness of Banks to Receive Requests from Gas Station Operators and Service Centers to Provide POS Terminals Connected via the National Payment System (Mada)
Referring to the strategic directions of the Financial Sector Development Program in reducing cash transactions and enhancing electronic payments in order to reach a cashless society. I inform you of SAMA's cooperation with the Ministry of Commerce and Investment and the Ministry of Municipal and Rural Affairs, leading to a decision to oblige all gas stations in the Kingdom and their affiliated service centers to provide point-of-sale services through the national payment system (Mada), starting from Sunday, 11/11/1440 H.
I would like to emphasize the importance of this decision and its alignment with the general strategies of institutions aimed at enhancing the principle of financial inclusion and reducing the percentage of cash transactions in order to achieve the goals of Saudi Vision 2030.
To ensure the success of efforts to activate this decision and to guarantee the banking sector's readiness to meet the expeted volume of demands, it is necessary for banks to verify the following:
First: Readiness to receive applications for opening bank accounts for gas station owners and their affiliated service centers, and to respond quickly to these requests.
Second: Readiness to receive requests for providing point-of-sale devices and responding through various bank channels, such as branches, online banking, and phone banking, to facilitate this requirement for gas station operators and their affiliated service centers, and to adhere to the specified maintenance times as stipulated in the Mada standards document and service level agreements.
Third: Limiting the use of the reduced pricing model for gas stations mentioned in SAMA's instructions issued under Circular No. 361000111820 dated 18/8/1436 H should be limited to fuel sales services only, and should not be used for any other services related to gas stations.
Fourth: Internally circulate this decision to bank employees to ensure they have a sufficient understanding when receiving requests and inquiries in this regard.
For your information, please act accordingly and inform all relevant departments and branches.
Point of Sale Payment Services for the Gulf Payment Network
In reference to the agreements made during the meetings of the governors of the central banks of the Gulf Cooperation Council (GCC) countries regarding linking point-of-sale operations between the member states through the coordination of their payment systems, and further to SAMA's circular No. 371000100598 dated 14/09/1437H regarding the pricing policy for point-of-sale payments for the Gulf Payment Network.
We would like to inform you that the Saudi Payment Network (MADA) has completed the system readiness in preparation for the launch of the point-of-sale service for the Gulf Payment Network with the Kingdom of Bahrain on 22/07/2018G.
Therefore, SAMA emphasizes that all banks should communicate and coordinate with the MADA team regarding the technical and operational aspects and conduct the necessary tests to enable the acceptance and processing of transactions on their systems and on their point-of-sale devices, as follows:
- Enabling its devices in stores to accept purchase transactions executed with cards issued by Bahraini banks, regardless of the international payment systems accepted by these devices, while considering any commercial agreements signed with the stores, such as merchant service agreements and specific pricing for the service.
- Enabling its customers to complete purchase transactions in the Kingdom of Bahrain through direct integration with the Bahrain payment system operated by (Benifit), without the need to use international systems, and educating its customers about the benefits of this service while updating customer agreements accordingly.
We would like to emphasize the importance of incorporating this into the agreements and guidelines for providing the service to merchants and customers, educating them on how to benefit from this service. Furthermore, customers should be notified of the transactions conducted via SMS messages, in accordance with the requirements outlined in SAMA's letter No. 381000060893 dated 07/06/1438H regarding the transaction type "Payment via Point of Sale," including the host country.
The Finance of MSMEs Based on Cash Flows Through MADA POS Terminals
In line with the Kingdom’s Vision 2030 to support small and medium enterprises as a vital sector contributing to the prosperity of the Kingdom's economy, and with SAMA's commitment to support banking initiatives related to this important sector.
We inform you that SAMA has recently activated certain technical settings on its Central Management System (Terminal Management System – TMS) to support small, medium, and micro enterprises by enabling banks operating in the Kingdom to finance these enterprises based on the volume/value of cash flows executed through point-of-sale devices (Mada) only during the period specified in the contract. SAMA has introduced a new feature that allows all banks to check the status of the enterprise (store) regarding any financing obligations linked to cash flows executed through point-of-sale systems with another bank before contracting to provide it with the point-of-sale service (Mada).
Therefore, we hope TO adhere to the following:
- Utilize the feature applied to the TMS for financing contracts for small, medium, and micro enterprises that rely only on cash flows through point-of-sale systems (Mada).
- Banks must not use this feature for other financial obligations that require multiple guarantees, even if such service is mentioned in the contract and obliges the enterprise (merchant) to benefit from it.
- When granting the aforementioned financing, it should be considered whether there are existing financings based on the cash flows of the enterprise.
Raise the Purchase Limit for MADA Bank Cards on Point-of-Sale Devices
In reference to the strategy of SAMA, which primarily aims to reduce cash transaction volumes and support the spread of electronic payment adoption through bank cards, especially via point-of-sale devices in stores, and the role of SAMA in monitoring and encouraging all stakeholders to strive toward achieving the main objectives of this strategy, with the aim of fulfilling the aspirations of the Kingdom under Vision 2030 regarding initiatives to develop the financial sector, and to meet the requirements of the local market, particularly for commercial sectors with high-ticket purchases, and further to SAMA’s circular No. 351000073726 dated 08/06/1435H concerning increasing the daily limit for purchase transactions through point-of-sale devices.
We would like to inform you that SAMA has decided to allow banks to raise the maximum payment limit via point-of-sale devices to 200,000 SAR based on customer requests and the bank's assessment, provided that the following is taken into consideration:
- Complete the necessary technical requirements in coordination with the Mada Authorization Center in the General Directorate of Payment Systems and conduct pre-testing, as well as submit monthly reports for the first three months on the implementation results.
- All banks must allow the purchase limit adjustment without additional fees through one of the bank's electronic channels, enabling customers to access the service from within and outside the Kingdom. These channels should be mentioned in the terms and conditions agreements at the start of the banking relationship with the customer after this circular's date.
- Banks should conduct awareness campaigns across all electronic channels for their customers in both individual and merchant categories regarding the possibility of raising the purchase limit.
- All banks should develop (fraud monitoring and detection systems) in accordance with these new amendments.
Additionally, starting from 30/09/2018G, all banks can control increasing this limit to more than 200,000 Riyals for customer segments wishing to increase it based on their risk assessment, and they must notify SAMA regarding the approved purchase limits for each category of their customers accordingly.
For your information and to act accordingly, please inform all relevant departments and branches, and share the plan of action with SAMA to meet the requirement of raising the limit at the following email address: (bd.btd@sama.gov.sa).
Pricing Policy for POS at Remittance Centers
Further to SAMA's Circular No. 351000152594 dated 25/12/1435H regarding the tariff for the Saudi Payments Network (Mada) services, and as part of SAMA's efforts to support and promote the use of electronic channels in the local market for various commercial activities,
we would like to inform you that a commercial model (Pricing Model) has been developed for the Point of Sale (POS) service in the remittance centers sector for transactions conducted using Mada cards. The implementation of the pricing model for the remittance centers sector has been decided as follows:
Phase One – For a duration of two months (starting from 27/10/1437H, corresponding to 01/08/2016G):
Subject
Tariff
1
Merchant fees (Merchant Service charge) The maximum fee, if any, is limited to one riyal, regardless of the value of the transfer. 2
Reciprocal charges (Interchange) Zero (no fee) 3
Mada Payments fees Zero (no fee) 2. The second phase (starting from 30/12/1437 H corresponding to 1/10/2016 G):
Subject
Tariff
1
Merchant fees (Merchant Service charge) The maximum fee, if any, is limited to one riyal, regardless of the value of the transfer. 2
Reciprocal charges (Interchange) (50) fifty halala regardless of the value of the remittance 3
Mada Payments fees No charge (free of charge) SAMA also emphasizes the need for banks to adhere to the following instructions:
Adhere to the definition of the Merchant Category Code (MCC) assigned to identify and classify the POS devices used for the financial transfer centers sector, which is the code (4829), and limit their use to these devices.
Ensure the correctness and accuracy of the device data available in the Terminal Management System (TMS).
The bank shall clarify the terms of the mentioned service through the Merchant Service Agreement (MSA) and ensure that the other party (merchant) accepts it before signing the agreement.
All legal procedures and financial and administrative penalties will be taken against the service provider bank for each device in case of non-compliance with the restriction of using the codes mentioned in paragraph (1) of this circular for POS devices that are installed and operated in financial transfer centers.
SAMA also emphasizes the need to adhere to the Mada tariff policy and not to impose any additional fees (such as installation fees, monthly fees, maintenance fees, communication fees or others) on all POS devices in various commercial activities. Note that this pricing applies exclusively to Saudi Network 'Mada' cards. The bank may use it as a reference if it wishes to apply it to other cards
Mada Operating Rules Mada Operating Standards & Procedures Update on Refunds
No: 371000120070 Date(g): 22/8/2016 | Date(h): 20/11/1437 Referring to SAMA Circular No. 341000076614 dated 20/6/1434 H regarding the Saudi Payments Network Operating Rules and Regulations (Mada), which include the Refund service on POS terminals.
Attached is the updated document detailing the technical and operational rules and procedures for the Refund service for banks wishing to implement it and sign the agreement to activate the service for their merchant customers. Compliance with the outlined provisions is mandatory, and no fees should be imposed on the customer, merchant, or bank for this service.
For more information and coordination regarding this service, please contact the Mada team via their official website (mada.com.sa).
A. Introduction
1. This update is a part thereof and should be read in conjunction with the SPAN Operating Rules, V. 6.1.1 and SPAN Operating Standards and Procedures, V. 6.1. 2. As per section 15.5 in the SPAN Operating Rules, V. 6.1.1 the update is a minor change. 3. Any change as a result of this update takes effect from this document's official publication date. 4. Rules on Refunds apply to domestic debit Transaction only.
B. Update on Refunds
1. Refund: A Transaction that is initiated by a Merchant to return funds to a Cardholder in respect of a prior Purchase of goods, services or price adjustment. A return of residual value of funds in stored value payment instruments other than Cards does not qualify as a Refund as defined in the SPAN Operating Rules and SPAN Operating Standards and Procedures.
SAMA does not permit the use of a Reversal function for an authorized Purchase Transaction if it was followed by a subsequent Purchase Transaction with a new sequence number or is no longer in the POS terminal (Flushed from SAF or Reconciled). In this instance, a Refund must be used to credit the Cardholder's account.
2. If the 'Refund' function is offered or enabled for a Merchant by the Acquirer (bank), the terms and conditions relating to such Refunds must be clearly stated in the Standard Merchant Services Agreement (MSA). If the 'Refund' function is offered or enabled after the original MSA has been signed, the Acquirer may add an addendum to the existing valid agreement to cover the additional Refunds function.
3. A Refund Transaction is considered as new Transaction, and is subject to the SPAN Operating Rules, Standards, Procedures, and SPAN the Pricing Policy in that regard is No interchange, authorization, settlement or MSC fees are levied on a Refund Transaction.
4. The cardholder must receive the paid amount without any deduction (i.e. if the cardholder paid SAR500 for goods and requested refund; the cardholder should receive the full SAR500.
5. Issuers must provide Refund capability to Cardholders by default subject to the issuer's internal risk policies and procedures.
6. The issuer must decline the authorization of a Refund transaction request if no PIN verification is indicated in the authorization request message.
7. The Merchant must ensure that the Transaction amount of the Refund does not exceed the amount of the original Purchase and in all cases, a refund transaction must not exceed the daily purchase limit of PoS
8. A Refund Transaction may be processed Offline when Card and Terminal are enabled for Offline Authorization, subject to eligibility and Offline value limits.
9. The Refund amount must be in the same currency as the original Purchase amount.
10. Following the completion of a Refund Transaction, The Merchant must provide the Cardholder with a (Refund) Transaction receipt.
11. The refund capability should be disabled on all PoS terminals by default. The function should not be activated until:
a) the Acquirer has offered and the Merchant accepts inclusion of the function on their PoS service b) the Acquirer ensures that the Merchant fully understands the duties, responsibilities, related risk, fraud liability, and operating procedures relating to the Refund of transactions c) the Merchant has signed the Refund Agreement part of the MSA.
In exceptional circumstances, the Acquirer may elect to decline merchant request to activate the service based on the Acquirer's internal risk policies and procedures, subject to appeal by the Merchant to SAMA. The Acquirer may also disable the Refund function if the Merchant so requests.
12. Acquirers must ensure that their Merchants disclose their policies on returns and Refunds in a clear and visible format near the location of the POS Terminal, including clear references to documents required as proof of the original Purchase Transaction.
13. Following the clearing and settlement of the Transaction, the issuer will credit the Cardholder with the amount of the Refund as per the SPAN Operating Standards and Procedures. The issuer must ensure that the Refund amount is posted without delay to the Cardholder's account.
14. The timeframe for a Refund, being the period between the transaction date and the Refund date, is determined by the Merchant according to its internal policies and procedures (and may be subject to commercial (licensing) laws and regulations.
15. When a Refund is provided, the Merchant must credit the same Card account used to make the original POS Purchase. ?
16. Merchants that provide full or partial Refunds for SPAN Transactions must not do so through cash, check or voucher.
17. To authenticate the 'Original Transaction' the Merchant must ask the Cardholder for a Transaction receipt or similar documentation as proof of the original purchase transaction; if the original receipt is not available, the Merchant may fall back to its internal policies and procedures in deciding whether to proceed or not.
18. Merchants that provide full or partial Refunds must do so only for the purpose of crediting a Cardholder account for returned merchandise, cancelled services, or a price adjustment related to a previous POS Purchase.
19. In the event of overcharging a POS sale, Merchants must not use the Reversal function but use a Refund Transaction to return the difference to the Cardholder.
20. A Merchant that offers Cashback as part of an 'Original Purchase' transaction must not Refund the Cashback portion of the original Transaction.
21. The Acquirer must monitor Refund Transactions and report to SAMA if a Merchant exhibits repetitive, unusual or excessive Card Refunds. SAMA may initiate an investigation at its own discretion, subject to the SPAN Rules, Standards and Procedures.
22. Issuer Banks must ensure that the terms and conditions in the account opening and/or Card application documents state that, in the event of a Cardholder exercising their entitlement to a Refund, the Cardholder agrees to accept credits to his associated Card Account for such Refunds and agrees to the Refund policy of that merchant.
23. In the event where an attempted Refund Transaction is not completed (no advice is received by the issuer to enable a credit to the Cardholder's account), the issuer, on behalf of the Cardholder, may raise a claim through CPS if the issuer is satisfied with the authenticity of the concerned Transaction and supporting documents.
24. Merchants must Refund the (relevant proportion of the) purchase amount through one single refund transaction, not through multiple transactions.
25. Refund Transactions (and any associated fees) will be reported by SAMA in the normal SPAN activity and fee reports.
26. Refunds to Cardholders can only be performed at Merchants with valid agreements with Acquiring Banks and a POS Terminal compliant with the SPAN Operating Rules, Standards and Procedures and ‘mada’ POS Standards.
27. A merchant may choose to reimburse a SPAN Cardholder outside the SPAN network (i.e. a refund in cash or in kind). In such instances, the merchant accepts full responsibility for the Transaction and none of the SPAN stakeholders will have any liability for the Transaction. The Merchant may not fall back to the SPAN network for any dispute arising out of such a Refund.
28. The Standard POS Merchant Service Agreement must reference these Rules(?).
29. Merchants may cancel (void) a transaction provided it did not exceed the time allowed to effect a Reversal as per SPAN Operating Standards and Procedures1.
Beyond this time limit, the Merchant must use the Refund function described here.
30. The issuer Bank must notify the Cardholder via the Short Message Service (SMS) of the relevant details of any Refund Transactions in line with SAMA instructions.
31. The issuer must ensure that all Refund Transactions are shown on the Cardholder's account statement with adequate details that allow the Cardholder recourse if required.
1 SPAN Operating Standards and Procedures, Sections 5.3.2,5.4 and 5.4.2
Offline Authorization Operating Rules, Standards, and Procedures
No: 371000117542 Date(g): 14/8/2016 | Date(h): 12/11/1437 In reference to the Direct Authorization Service on Point of Sale Devices “POS Offline Authorization” using Saudi Payment Network (Mada) cards.
Attached is the updated version of the technical and operational procedures document for banks wishing to implement this service and offer it to their customers. Emphasis is placed on the importance of adhering to the content of the document. For more information and coordination regarding this service, please contact the Mada team via the website (mada.com.sa).
A. Update to SPAN Operating Rules
Rule 1. Transactions will be processed online at PCS Terminals if the transaction value exceeds the floor limit set by SAMA for POS purchase transaction. 2. Banks that are members of SPAN are required to support Offline authorization for the following transactions :
Terminal Type Process Type Transaction Type Issuer (Mandatory/optional) Acquirer(Mandatory/optional) POS Offline Purchase M M 3. Offline Authorization at POS is permitted if the authorization request for a purchase transactions with a value below the Terminal Floor Limit specified by SAMA was initiated by a chip Card at a POS terminal following successful Terminal and Card Offline Authorization processing. 4. The Terminal Floor Limit mandated by SAMA at this time for POS Offline authorization is SAR 75. 5. In determining whether to perform a Transaction online or Offline, whether the Chip Card's maximum Transaction amount differs from the Terminal Floor Limit, the lower amount prevails. 6. An issuer of a Card containing a payment application must enable Offline Authorization by setting offline parameter values that do not exceed those prescribed by SAMA. 7. The issuer may opt to set one or more values to zero (0) as per its internal. Policies. All valid mada Cards are eligible and support for Offline limits. 8. An issuer of a Card enabled for Offline Authorization will support the following Transaction types only:
a) Purchase Transaction.
9. An issuer is liable for the parameter values and processing options contained in the payment application as defined by SAMA in the Technical Books. 10. An issuer is liable for Offline Transactions initiated by a Card if these were authorized following the successful completion of Terminal and Card offline Authorization processes as required by SAMA. 11. The issuer is responsible for the settlement of Transactions generated from an Issuer's compliant chip Card, irrespective of the status of the Cardholder's account at the time of the Transaction that is authorized Offline. 12. For an Offline Transaction, a valid Transaction Certificate (TC) is proof to the Issuer that the Card was present and that data covered by the TC is valid and has not been altered. This protects the Issuer against liability from a Cardholder's claim of denial of the Transaction. 13. Issuers will ensure that Cardholders are not party to a decision on offline limits as the Card authorizes the Transactions when eligible on behalf of the Issuer. 14.
In the unlikely event of an unarranged overdraft in the Cardholder's account as a result of a delayed financial advice or insufficient balance, the Issuer will not levy any fees and interest rate on the affected amount or the event itself. Also, the issuer must not insert the cardholder name in SIMAH, the Saudi Credit Bureau, as a result of any debt or overdraft that may result from such an event.
Generally, such overdraft positions are not permitted on cardholders' account(s) as a result of an offline transaction. The Issuer must take reasonable and appropriate actions to avoid such occurrences.
In all cases, the Issuer is liable and responsible for any (unauthorized) overdraft position that may accrue on a cardholders account, pursuant to the terms defined at Clause 10 and 11 above.
15. Issuers that provide Offline limits for their Cards shall ensure that Cardholders are aware of the offline feature and the potential of delayed SMS messages generated for offline purchase Transactions. Issuers may wish to include text in the account opening form and/or debit Card collateral indicating that some Transactions may be authorized offline. 16. It is recommended that Issuers that provide Offline Limits for their Cards support Script Management as per SAMA technical requirements. 17. Issuers may amend risk management values on the card using dynamic risk management scripting based on their internal policies provided velocity checks and parameters do not exceed values mandated by SAMA. 18. An Issuer of SPAN Cards must support Offline Counters and Offline Limits included in the Card personalization process as defined by SAMA. 19. An Issuer is responsible for deciding the personalization parameter values for Offline authorization, if lower than offline parameter values specified by SAMA, at its discretion. 20. If online authorization initiated by a POS Terminal cannot be completed for technical reasons Transactions may be authorized offline by the card at the Issuers discretion if these satisfy the offline Authorization processes of the card and Terminal. 21. Issuers must not block funds from cardholder accounts as a risk mitigation measure in offline authorization. 22. Issuers may choose between one of the following recommended offline risk mitigation process:
a. Ring fencing an account with a shadow account earmarked for offline authorization provided the cardholder has full access, through the SPAN card, to the total balance in both accounts
b. Deferring a debit entry resulting from an offline authorization until such time as there are sufficient funds in an account to clear the accrued amount.
23. Issuers may ensure that funds accrued from domestic offline debit transactions are debited from the cardholder’s. designed account before international offline debit transactions 24.
An Acquirer must ensure that the POS Terminal Floor limit for POS Terminals provided to its Merchants its equal to or below the Floor Limit mandated by SAMA Acquirers will use the relevant application administered by SAMA to amend the floor limit for one or more merchants on a temporary or permanent basis, if terminal management system-TMS has the capability to support that. 25. An Acquirer must ensure that its Merchants reconcile the POS Terminals daily. The
Acquirer must advise its merchants of the procedure to be followed in the event that a Terminal is unable to communicate with the SPAN switch for this purpose.
26. An Acquirer is liable for an authorized Offline Transaction at its POS Terminal which is over the SAMA mandated Floor Limit and/or no TC is generated. 27. An Acquirer that offers offline processing for purchase Transactions must ensure that
POS Terminals provided to its merchants perform Terminal Risk Management for Cards regardless of the parameters on the Card.
28. An Acquirer must ensure that its Merchants obtain online authorization for Transaction amounts above the Terminal Floor Limit mandated by SAMA. 29. An Acquirer must ensure that its Merchants are aware that some purchase Transactions may be authorized Offline. The Acquirer must notify its Merchants of the Offline feature and the need for daily Reconciliation and retention of the merchant copy of the receipt for such Transactions as per SPAN operating Rules, Standards and procedures. 30 An Acquirer must ensure that its POS Terminals' Terminal Risk Management processes and parameters remain in compliance with SAMA technical requirements. 31. SPAN Scheme Processing Fees
In its capacity as operator and Settlement agent on behalf of Members, SAMA may levy processing fees on SPAN issuing and SPAN acquiring banks for POS Transactions authorized Offline as indicated in Table (7)
Table 7 Terminal Transaction Fee Paid by paid To
Interchange Acquirer Issuer POS Purchase Settlement Issuer SPAN Acquirer SPAN B. Update to SPAN Operating Standards and Procedures
Update to SPAN Operating Standards and Procedures - Part IV - Acquirer
Rule 1. The Acquirer is obligated to provide the Transaction Certificate (TC) upon request in the processing of a retrieval request as per sections 2.11.6, 3.34.1 and 5.11 of the SPAN Operating Standards and Procedures. 2. The Acquirer must meet transaction approval requirements: Specifically, a TC must be generated when a Transaction initiated by a Card is approved off-line. All offline approved Transactions without a TC are at the Acquirer's risk. 3. Acquirers that support Offline authorization will ensure that POS Terminal Risk Management be comprised of the following functions:
a. Terminal Floor Limit Check
b. Velocity Check
c. Random Online Transaction Selection
4. An Acquirer that sets the POS Floor Limit at or below SAMA's defined limit must support terminal parameters that instruct the Terminal on the appropriate actions to take under various conditions during Offline Authorization. The possible actions are:
Approve Offline;
Go Online;
Decline Offline.
5. Acquirers will support Issuer scripts sent to Cards through online response messages. 6. Acquirers must ensure that an advice message is sent to the Issuer in the event that a script is not successfully transferred between the terminal and Card. 7. Acquirers must retain the TC and related data elements with each transaction record for the period specified by SAMA in Part II, Section 2.6.2 of the SPAN Operating Standards and Procedures. 8. An Acquirer must ensure that it is able to provide the required TC data elements when an Issuer re-submits a claim requesting Transaction data as part of the claim processing procedure for Transactions authorized Offline. 9. A SPAN Acquirer or its appointed agent(s) will not change the following POS terminal parameter values required for random selection as pre-determined by SAMA.
a) Target Percentage: 15
b) Maximum Target Percentage: 15
c) Threshold Value: SAR 40
11. An Acquirer must ensure that receipts (paper or electronic receipts) from offline Transactions are retained by Merchants for a period of at least six (6) months from the date of the transaction. This must be rejected in the Merchant Services Agreement-MSA. 12. In the unlikely event where a Transaction approved Offline is not sent with a SAF flush or a reconciliation advice or through an unrecoverable technical fault, the receipt will be used as documentary support for a CPS claim raised by the Acquirer on behalf of the Merchant. If a receipt is not submitted, Issuers may settle the Transactions on best effort basis. 13. If the Merchant Is unable to reconcile one or more terminals due to technical reasons, the merchant must contact the Acquirer or its appointed agent(s) helpdesk to report the incident. The Merchant must request a reference (ticket- opened) number and maintain this reference as proof of reporting the incident. 14. An Acquirer must ensure that all POS devices with Floor Limits above zero (0) are reconciled daily. 15. A POS Terminal can be removed and/or replaced only after it has been reconciled (and all SAF entries flushed) as per SPAN operating Rules, Standards and Procedures and section (13) of these procedures. 16. Acquirers will use the 1220 authorization advice generated from an offline transaction to post the required entries to merchant accounts and for SPAN settlement. Acquirers are expected to respond with a 1230 message. 17. Acquirers will be capable of identifying an offline transaction through data element
39 (Code 087,089, 190) present in the 1220 financial authorization advice.
18. With the exception of mitigating circumstances proven beyond its control, the Acquirer should ensure that the time between the Transaction date and the reconciled / cleared date for a Transaction authorized offline, does not exceed five (5) business days. Update to SPAN Operating Standards and Procedures – Part IV- Issuer
Rule 19. A Mada Card issuer must support Card parameters that instruct the Terminal on the appropriate actions to take under various conditions during Offline Authorization.
The possible actions are:
Approve Offline;
Go Online;
Decline Offline.
20. Mada Issuers should be capable of processing script messages to change Card parameters dynamically, and delivered in a response to online authorization requests. 21.
Issuers must have an effective method to confirm and record which scripts have been successfully received by the Mada Card 22. It is recommended that Issuers support the following scripts for domestic Offline transactions over a contact interface:
a) Amend LCOTA ( value should be equal or lower than the SAMA mandated value)
b) Amend UCOTA (value should be equal or lower than the SAMA mandated value)
Issuers may support the above updates over a Contactless interface.
23. In Offline Authorization the Transaction Certificate (TC) represents an Issuer approval. If the TC highlights that Terminal Risk Management functions were not executed correctly, the Issuer has the right to submit (or re-submit a claim). 24. Issuers will advise cardholders through normal communication channels (including the account opening form) of the possibility of an SMS message delay for a POS purchase generated from the actual transaction date as a result of an offline authorization. The SMS message will mention offline and transaction date. 25. Issuers will use the 1220 authorization advice generated from an offline transaction to post the required entries to cardholder accounts and for settlement. Issuers are expected to respond with a 1230 message. 26.
Issuers will be capable of identifying an offline Transaction through data element 39 (Code 087,089, 190) present in the 1220 financial authorization advice. Update to SPAN Operating Standards and Procedures-Part V - POS
Rule 1. All POS Terminals must support Terminal actions in offline authorization specified by
SAMA.
2. All POS Terminals must support Terminal Risk Management in offline Authorization as specified by SAMA. 3. Issuers must retain the TC and related data elements with each transaction record for the period specified by SAMA in Part II, Section 2.6.2 of the Operating Standards and Procedures. 4. An Issuer must ensure that it is able to provide the required TC data elements when an Acquirer re-submits a claim requesting Transaction data as part of the claim processing procedure for Transactions authorized Offline. 5. The Issuer must set the parameter values for domestic offline transactions during and post-issuance at or lower than the following Offline Authorization limit values mandated by SAMA for the combined SPAN/IBCS application:
a) CTTAL/LCOTA: SAR 150
b) CTTAUL/UCOTA: SAR 225
Above limits mean: A single Transaction up to SAR 75, cumulative total under normal conditions of SAR 150, and a cumulative total under exceptional conditions (loss of connectivity) of SAR 225.
6. Based on the duration between the Transaction date and the Reconciliation date as evident in the relevant Transaction log File report, the issuer may accept a Purchase Transaction authorized offline and reconciled /cleared over a period exceeding five (5) business days. C. Definitions
'Domestic' A Transaction authorized Offline with a SPAN card through the
Saudi Payment Network within Saudi Arabia
'Offline Authorization' Authorizing or declining a payment transaction through card-to- terminal communication, using issuer-defined risk parameters that are set in the card to determine whether the transaction can be authorized without going online to the issuer host system. "CTTAL" Cumulative Total Transaction Amount Limit "CTTAUL* Cumulative Total Transaction Amount Upper Limit "LCOTA" Lower Consecutive Offline Transaction Amount "Offline" In the context of this document, an Offline Authorization occurs when a POS Transaction is authorized Offline by the SPAN chip Card without sending a request to the SPAN Issuer. "Offline PIN" A process where the PIN is verified Offline at the SPAN POS
Terminal.
"TC" Transaction Certificate "Transaction Certificate" A unique cryptogram generated by the Card proving that the card was present at the time of a Transaction approved Offline on behalf of the Issuer. "UCOTA" Upper Consecutive Offline Transaction Amount Issuance of a Point-of-Sale Service Level Agreement
Based on the Saudi Arabian Monetary Authority Law issued by Royal Decree No. 23 dated 23/5/1377 H and the Banking Control Law issued by Royal Decree No. M/5 dated 22/2/1386H, and based on Cabinet Resolution No. 59 dated 28/3/1420 H which empowered SAMA to grant licenses for issuing All Electronic Bank Cards in addition to SAMA Circular No. (341000076614) dated 20/6/1434 H issuing the SPAN Operating Rules and Regulations, and the subsequent workshops with banks to discuss the draft POS Service Level Agreement.
Please find attached the Point of Sale Service Level Agreement (POS-SLA) aimed at improving the service provided, which is one of the main electronic channels to reduce cash handling in the retail sector, and SAMA hopes that banks will do the following:
Apply the accompanying agreement to the POS service as of 1/3/2015 G, and adhere to it and any updates from time to time.
Print and sign two (2) Arabic copies by the bank's CEO or his representative and return them to SAMA within a period not exceeding two weeks from the date of this report. (Attachments - Arabic and English version of the POS Service Level Agreement on a CD).Circular's scope of application
12 banks - Al Rajhi Bank.
- National Commercial Bank.
- Riyad Bank.
- Alinma Bank.
- Al-Bilad Bank.
- Arab National Bank.
- Bank Al Jazira.
- Samba Financial Group.
- Saudi British Bank - SABB.
- Saudi Holland Bank.
- Saudi Investment Bank.
- Banque Saudi Fransi.
MADA's Standards for Point of Sale Services
In reference to the five-year strategy for the Saudi Payment Network System (SPAN2016) and its initiatives aimed at enhancing the efficiency and quality of point-of-sale (POS) service in the local market to increase electronic payments, one of which includes developing specific service standards to improve the user experience for cardholders and merchants, particularly with the launch of the new identity of the Saudi Payments Network, "MADA".
We inform you of the development of the Mada Service Standards Document for Point of Sale (POS) (attached: a copy of the document on CD), after sharing it with local banks during the development stages. This document includes the following:
A. Market Segmentation Into six segments of commercial sectors that share the specific requirements for the Point of Sale (POS) service, with the specifications of appropriate devices for each segment determined based on the field studies conducted in this regard. B. Standards for Point-of-Sale Service (PoS Standard) Aligned with global best practices for point-of-sale services, covering several relevant aspects such as: - Defining the transaction completion speed for various technologies. - Enhancing the confidentiality and privacy of the cardholder during the purchasing process. - Defining the locations for installing Point of Sale (POS) devices at merchant outlets. - Emphasizing security standards for payment cards, referred to as (Payment Card Industry - PCI). - Increasing the efficiency of merchant services, particularly in the area of technical support. The implementation of these standards will contribute to enhancing the service level and increasing its adoption by bank cardholders and merchants. This is considered one of the key pillars of the Saudi Payments Network strategy, which supports the expansion and use of Point of Sale (POS) systems as an alternative electronic channel to cash. Therefore, SAMA requests directing the bank's specialists to adhere to the following:
- Begin implementing the accompanying POS Service Standards Document.
- Provide SAMA with the bank's timeline for full compliance with these standards using the template available in the document (outlined in Appendix I). The timeline must be submitted within two weeks from this date.
- Submit monthly reports to SAMA – within the first five working days of each calendar month starting from November 2014 – detailing the bank's performance using the template available in the document (Appendix I).
- Send the bank's timeline and all monthly reports to SAMA via email address at: bd.btd@sama.gov.sa. with the subject line formatted as: Bank Name: MADA PoS Standard – Progress Update.
For inquiries, you can contact SAMA.
Mada "Naqd" Service (Purchase with Cash-back) Business Rules
No: 371000016319 Date(g): 21/11/2015 | Date(h): 10/2/1437 Document References
Name Version SPAN Purchase with Cashback - Requirements Specification V1.1 SPAN Pricing - Business Requirement MoSCoW Template.doc V 0.03 SPAN Business Strategy V1.4 SPAN Daily/Monthly Reconciliation Reports - Revised June 2013 1. Introduction
The Saudi Arabian Payments Network (SPAN) supports all card payments within the Kingdom and is a key component in the Saudi Arabian National Payments Strategy delivered through the IPSS. The SPAN Business Strategy (SPAN 2016 - Driving Change) is designed to position SPAN as the 'First Payment choice in the Kingdom of Saudi Arabia'. Driven by the IPSS objective of reducing the volume and velocity of cash in the kingdom, the SPAN scheme will target the reduction of cash in the kingdom from over 94% of retail payment transaction volume, to less than 70% by 2020.
The SPAN Business Strategy defines the development and change program Into four key dimensions:
a. Quality initiatives, designed to improve the overall service level and performance of the scheme b. Growth Initiatives, designed to extend the reach of cashless retail payment services within the kingdom and to stimulate increased usage of card payment services among existing SPAN cardholders c. Governance of the SPAN Scheme and development programme, to ensure appropriate development and management of stakeholder interests d. Communications Initiatives, to ensure a consistent level of stakeholder education and understanding of the SPAN vision, mission and deliverables, optimization of the scheme promotional and marketing initiatives and a clear understanding of the operational and regulatory obligations of scheme participants.
Figure 1: 'SPAN 2016 - Driving Change' program outline
Central to the development of the SPAN service is the ongoing development of new business services which:
1. Support the strategic direction of the IPSS and the SPAN Business Strategy - 2016 2. Offer added value to the key stakeholders (Merchant, Card Issuer and Card Acquirer) 3. Offers value to the Card holder
Naqd Service (Cash-back with Purchase) at Point of Sale generates the following opportunities:
○ Encourages cardholders to use PoS functionality as a source of multiple Card based services ○ Migrates some traffic away from (an already busy) ATM network ○ Provides an opportunity for Merchants to offload (expensive) cash ○ Allows Card Acquirers sell the benefits of PoS, by including Cash-back as an additional service suite to the Merchant
Naqd Service at PoS Is a common feature in retail (card) payment markets In Europe, Asia, US and Australia, and is acknowledged as a material feature of progressive card-based retail payments systems.
International analysis suggests that Cash-back with purchase at point of sale can be a feature of (typically) 5% to 8% of card point-of-sale transactions.
2. Naqd Service Business Rules
2.1 Service Availability
1. The 'Naqd Service' will be offered as a SPAN/mada Scheme service
2. The service will be (technically) available on all SPAN/mada branded cards
3. Naqd will be available at all SPAN/mada Merchant terminals.
a. The Acquirer will have the capacity to disable the Naqd facility at any of their Merchants by assigning the Merchant to the appropriate 'TMS Group', which excludes the Naqd feature
4. Naqd will only be available to cardholders if conducted as part of a SPAN/mada purchase transaction
a. The Total Value of the transaction will be identified in field DE04 b. The Naqd (Cash-back) element of the transaction will be Identified in field DE54 c. A Naqd (Cash-back) only transaction will be Identifiable and declined by the Issuer (i.e. DE04 = DE54 > 0) d. The processing code, field DE03 carries the processing code 090000
2.2 Transaction Limits
5. There will be no maximum number of transactions per day on which Naqd could be requested or authorised (subject to available funds)
6. The scheme will operate to a parameterised minimum and maximum value for cash-back.
a. Minimum Value - SAR 1 b. Maximum Value - SAR 400 per day c. Cash-back values will be calculated and permitted to two places of decimals
The maximum value will be calculated and applied daily, subject to available funds and will be managed by the Card Issuer
7. When a Naqd transaction is requested, the request will be evaluated at three levels:
a. The Acquirer (Terminal) will check to confirm that the individual transaction(s) for Purchase and for Naqd don't exceed SAR 60,000 and SAR 400 respectively b. The SPAN Switch will check to ensure the total value of the transaction does not exceed the PoS limit (DE04 <= SAR 60,400) c. The Issuer will check to ensure the cumulative Purchase value and/or the Cash-back value doesn't exceed the daily limit(s)
8. Daily limits will be defined on the calendar day, typically, but not mandated, from 00:00:00 to 23:59:59
9. Transactions containing values that cause either the cumulative daily PoS Purchase limit of up to SAR 60,000 or the cumulative daily Naqd limit of SAR 400 to be exceeded, will be declined in total
10. Naqd 'Cash-back' values will form part of the revised cumulative total PoS value limit of SAR 60,400 per day*
2.3 Naqd Transaction Authorization
11. A Naqd 'Cash-back' element will only be permitted on a transaction that has received (online) positive authorization from the Issuer
12. Where 'off-line transaction functionality' Is available, Naqd will not be permitted.
2.4 Commercial Model
13. Naqd will operate as a 'fee-free' transaction to the Card Issuer, Transaction Acquirer, Merchant and Cardholder. No unique SPAN switch fees will be applied by the scheme to the Naqd 'Cash-back' element of the Point of Sale (PoS) transaction.
a. The Issuer and Acquirer fees applied at the SPAN switch will reflect the standard rate for the card (i.e. one Authorization Fee and a split Settlement Fee for the overall Purchase & Naqd 'Cash-back' transaction) b. Interchange Fees will apply for the Purchase element only (i.e. the value of field DE04-DE54), based on Table 1 below: (See SPAN/mada Charging Policy for details)
Table 1: SPAN PoS Interchange Fees (Acquirer pays Issuer)
Interchange Value Band From To SPAN Interchange Band 1 SAR 0.00 SAR 1,000 0.4% (40bp) Band 2 SAR 1.000.01 SAR 60,000.00 SAR 4.00 c. MSC charged by the SPAN Acquirer to the Merchant on the total transaction will be subject to the normal SPAN Maximum, based on the Purchase element only (i.e. the value of field DE04-DE54.
Table 2: SPAN PoS MSC Maximum Fees (Subject to bi-lateral negotiation between Acquirer & Merchant)
Merchant Services Commission (MSC) Value Bands From To SPAN MSC Band 1 SAR 0.00 SAR 5,000.00 (approx.) 0.8% (80bp) max Band 2 SAR 5,000.01 (approx.) SAR 60,000.00 SAR 40.00 max The SAR5,000 reference Is Indicative, since MSC rate Is negotiable between Acquirer and Merchant, but still subject to SAR 40 max
2.5 PoS Terminal Output
14. SPAN PoS Terminal will be configured to generate a counterfoil/transaction confirmation which includes:
a. Purchase Value (DE04 - DE54) b. Naqd (Cash-back) value (DE54) c. Total transaction value (DE04)
15. The Naqd 'Cash-back' element on the 'receipt' will be situated close to a cardholder signature panel where the cardholder will be asked to sign to confirm receipt of the cash as this will help in the event of a dispute
Promotional material should encourage the Merchant to confirm the Naqd element on the merchant receipt copy, which should then be signed by the cardholder, as this will help in the event of a dispute.
2.6 Bank to Customer Reporting
16. Transaction Reporting on Statements:
a. The cardholder statement will post a single transaction for the full value of the Purchase and Naqd (Cash-back) value (i.e. field DE04). b. The Transaction narrative on the statement will detail the value of the Cash-back element, (DE54) and the value of the Purchase element (DE04 - DE54) c. SMS messages to the cardholder after execution of a transaction shall adopt a standard message, which will be Issued In both Arabic and English.
17. The SMS (transaction confirmation) narrative will read:
Your account XXXX has been debited for SAR NNN.NN(DE04) Including purchase value SAR XXX.XX (DE04-DE54) and Naqd value YYY. YY (DE54) at <Merchant Name> on dd.mm.yyyy at hh:mm
2.7 Naqd (Cash-back with Purchase) - Transaction Declines and Reason Codes
18. Decline reason codes will be issued from the acquirer to the merchant (via SPAN) where a requested transaction has been denied by the issuer. Where relevant, a transaction will be declined In whole (i.e. both the Purchase and the Cash-back element will be declined).
19. The standard reasons codes apply, as defined in the Decline reason codes will be as follows:
a. DE 39 (SPAN Technical Books, Part 4, MBI p 106)
i. Reason Code 110 - Invalid Amount (where the cumulative purchase amount exceeds the dally limit) ii. Reason Code 121 - Exceeds Withdrawal Amount (where the cumulative Naqd cash-back amount exceeds the daily limit) iii. No additional / new decline codes are added or changed and all other decline codes remain applicable where appropriate and are unchanged
2.8 Naqd (Cash-back with Purchase) - Transaction Reversals
20. A PoS transaction reversal will be effected when:
a. The Merchant cancels the transaction within 60 seconds of approval or b. The SPAN switch determines that the transaction is incomplete (timed out)
The SPAN Operating Standards and Procedures V 6.0 section 5.4 (page 106) outlines the relevant procedures and processes.
21. A Purchase with Cash-back transaction will also be reversed in these conditions. In such cases, the full amount of the transaction will be reversed (DE04) prior to the Merchant completing the transaction or issuing the cash. No further action is required.
2.9 Naqd (Cash-back with Purchase) - Transaction Refunds
22. Transaction refunds will be managed as normal through the Complaints Processing System (CPS - see CPS Claims Officer Rulebook).
Where appropriate for refund and following CPS due process, only the Purchase Amount of the transaction (DE04 - DE54) will be subject to refund. The Naqd Cash-back element will not be subject to refund.
2.10 Bank to Merchant Reporting
23. The Merchant Bank and the Merchant will receive information relating to the 'total value of Cash-back processed per terminal'.
This value will be carried in field DE124.7 and will support Merchant and Terminal reconciliation. (See SPAN Technical Books v 5.4: Part 4: MBI p163)
2.11 Bank Reporting
24. SAMA / SPAN Reporting schedules will uniquely identify transactions which included cash- back.
25. The 'Interchange Fee' report for each bank will show the number of 'Purchase with Cash- back' transactions effected by the issuer, falling into each of the Interchange bands. Transactions will be allocated to an interchange band based on the value of the purchase component only (DE04-DE54)
2.12 (Internal) SAMA Reporting
26. No additional changes to the current SAMA internal reporting suite, which carries a 'whole count' reference field for Naqd (Purchase with Cash-back) transactions, is required.
Emphasize of the Mandatory Verification of the Customer and the Effectiveness of the Procedures Followed to Adhere with the "Know Your Customer (KYC)" Principle Before Initiating the Sale or Purchase of Point-of-Sale Devices
Based on the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386 H, and with reference to the powers vested to SAMA under the Minister Council Decision No. (226) dated 2/5/1440 H, confirming that it is the competent authority to operate, monitor and supervise payment and financial settlement systems and services in the Kingdom, and may issue rules, instructions and licenses according to the standards it applies in this regard, and based on Article III of the Payment Services Providers Regulations , which stipulates that "invites or induces a person located in the Kingdom to enter into, or offer to enter into, an agreement in relation to a Payment Service, or markets or otherwise promotes any Payment Service is considered a practice of payment services in the Kingdom and requires obtaining a license from SAMA; and according to what is stipulated in Article Eight of the regulations, regarding the obligation to put in place policies and procedures for detecting fraud cases and handling them, in addition to informing the relevant authorities in the State and notifying SAMA in according to the format specified by it.
SAMA would like to emphasize the importance of verifying the effectiveness of the procedures in place to comply with the 'Know Your Customer' (KYC) principle before initiating the sale or operation of point-of-sale (POS) devices. The entity entrusted with the marketing and the devices must be licensed by SAMA. Additionally, it is important to verify the comprehensiveness and appropriateness of the internal policies and procedures set by the company for all categories of customers benefiting from these services. These policies should include the identification of potential risks and the mechanisms for monitoring, managing, and reporting them. Furthermore, we emphasize the importance of ensuring that the POS terminal is only linked to the customer’s bank account and that transfers to another person’s account are not accepted.
Archive 3
The End of the Regularization Deadline in Accordance with the Provisions and Regulations of Financing
This circular is currently available only in Arabic, please click here to read the Arabic version.Guidelines for Applying for Permission to Engage in BNPL
Date(g): 4/10/2021 | Date(h): 27/2/1443 Status: No longer applicable These Guidelines have been replaced by the Guidelines for Applying for a License to Practice (BNPL) Activity issued in 24/01/2024G.First: How to apply
You can apply for SAMA’s permission by contacting the General Department of Finance Companies Control - Finance Companies Licensing Division, via email (LICFCC@SAMA.GOV.SA)
Second: Required documents
Applicants are required to attach the policies and procedures that they will follow in their activities at least the following:
- Company owners’ data and the organizational structure of the company, including the required departments, functions and tasks.
- A feasibility study identifying the target sector, services to be provided and three-year business plan.
- Rules and procedures of technology and information security, cybersecurity policies, the confidentiality of information and privacy of customer data.
- Anti-fraud and financial crime policies.
- Customer service, collection and complaints handling policy.
- The policy of dealing with conflicts of interest.
- Policies of compliance with relevant rules, regulations and instructions, including the anti-money laundering law and the credit information law.
- Risk management policy.
- Number of staff and Saudization ratios.
- A policy for granting purchases financing.
SAMA also welcomes those wishing to obtain a permit - during the application processing - to reach out for clarification of any aspects associated with obtaining the permit via the telephone number of the General Department of Finance Companies Control (+966114662020).
Commercial Real Estate Finance Regulation
This circular is currently available only in Arabic, please click here to read the Arabic version.Self-Assessment of the Commitment of Finance Companies to the Clients Protection Principles
No: 381000092240 Date(g): 27/5/2017 | Date(h): 2/9/1438 Status: No longer applicable This circular is currently available only in Arabic, please click here to read the Arabic version.Obtaining Licenses to Practice Financing
Based on the Real Estate Finance Law issued by Royal Decree No. M/50 dated 13/8/1434H, and its implementing regulations issued by the Minister of Finance Decision No. 1229 dated 10/4/1434H, the Finance Lease Law issued by Royal Decree No. M/48 dated 13/8/1434H, and its implementing regulations issued by SAMA Governor Decision No. 1/M dated 14/4/1434H, and the Finance Companies Control Law issued by Royal Decree No. M/51 dated 13/8/1433H, and its implementing regulations issued by the Governor of SAMA Decision No. 2/M dated 14/4/1434H, and as stipulated in Article 99 of the Implementing Regulation of the Finance Companies Control Law which states that "Companies and establishments engaging in finance activities in the Kingdom of Saudi Arabia prior to the law's entry into force must provide SAMA, within the first nine months prescribed in Article 36 of the law with their plan to correct their situation according to the law or a plan to exit the market."
All companies and establishments engaging in finance activities in the Kingdom before the law comes into force must apply to SAMA for a license to conduct finance activities in accordance with the provisions of the law by the end of the working day on Wednesday 14/10/1434H, or cease finance activities entirely and provide SAMA with a market exit plan by Wednesday 14/10/1434H. Copies of the finance laws, their implementing regulations, application forms and guidelines for obtaining a license, and exit instructions can be obtained through the following link: (sama.gov.sa/Finance/Pages/Home.aspx)
Archive 4
Archive 5
Circulars on the Cancellation of Licenses of Exchange Companies
Money Exchange Suspended Entity
This section is currently available only in Arabic, please click here to read the Arabic version.License Cancellation for Muhammad Omar Sinaan Exchange Company
This circular is currently available only in Arabic, please click here to read the Arabic version.Lifting the Suspension on Saleh Hussein Alamoudi Sons Company
This circular is currently available only in Arabic, please click here to read the Arabic version.License Cancellation of the Dabbous Al-Anzi Agency for Money Exchange
This circular is currently available only in Arabic, please click here to read the Arabic version.Resuming the Activity of Practicing Exchange Business for the Sons of Edi Mani Al-Awfi and their Companies
This circular is currently available only in Arabic, please click here to read the Arabic version.Suspension of the Business of Eid Manaa ALOfi Sons and Partners for Exchange Company
This section is circular available only in Arabic, please click here to read the Arabic version.Cancelling the License to Transfer Funds Inside and Outside Saudi Arabia for Saeed Mohammed Ali Al-Amoudi & Co, of Its Head Office and Branches
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancellation the License of Abdulaziz Abdullah Alzamil and his Sons for Exchange Company and Its Branches
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancellation of the Currency Exchange License of Mohamed Mounir Halawani Sons Company and Its Branches
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancellation of the Currency Exchange License of Khaled Salem Saleh Abdulaziz Establishment
This circular is currently available only in Arabic, please click here to read the Arabic version.Reinstating the Transfer Service for Al-Zamil Exchange Company
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancelling the Suspension of the Business of Salahaldeen Saleh Kaaki for Exchange Establishment
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancelling the Suspension of the Business of Mohammed H. Baytar and his sons for Exchange Company
This circular is currently available only in Arabic, please click here to read the Arabic version.Cancelling the Suspension of the Business of Lafe Auwad Alharbi for Exchange Establishment
This circular is currently available only in Arabic, please click here to read the Arabic version.Suspension of the Money Changing Business License for Hisham Khalid Suleiman Kalkatawi money changing company
This section is currently available only in Arabic, please click here to read the Arabic version.Emphasizing the Necessity of Examining Banknotes
Further to the previous instructions communicated by SAMA to commercial banks and exchange centers regarding various aspects of security safety, and given the importance of verifying the safety of currencies circulated within the Kingdom and the active role of banks and exchange centers in preventing the circulation of counterfeit banknotes within the Kingdom.
Hope of enhancing the procedures of examining banknotes and ensure that all specialists exercise the utmost care in verifying their safety, promptly notifying the security authorities in case of any suspected counterfeit ,and informing SAMA accordingly.
Replacing the Unified Number Starting with the Number (7) Issued by the National Information Center to be the Unified Number for Non-Profit Sector Organizations
Referring to the instructions regarding the replacement of the unified number issued by the National Information Center, starting with (7), as a substitute for the commercial register of non-governmental establishments, communicated through SAMA Circular No. (42017708) dated 18/03/1422H, and to the receipt of a letter from His Excellency the Minister of Human Resources and Social Development, Chairman of the Board of Directors of the National Center for Non-Profit Sector Development, which includes His Excellency's request to direct banks to send text messages to their customers from non-profit sector organizations to update their information and link it with the unified number starting with (7) issued by the National Information Center.
SAMA requests all banks to send text messages to their customers from associations and non-profit organizations, encouraging them to coordinate with the Non-Profit Sector Development Center to update their information and link it with the unified number starting with (7) issued by the National Information Center. This can be done through the website of the National Center for Non-Profit Sector Development. For any inquiries regarding this matter, customers may contact the National Information Center.
Lifting the Suspension on Financial Transfers from Mohammed Hassan Yalla and Sons Exchange Company to Outside the Kingdom
This section is currently available only in Arabic, please click here to read the Arabic version.Penalties Re. the Violation of the Law of Transporting Money, Precious Metals, and Negotiable Instruments
Reference to SAMA Circular No. 361000033868 dated 03/03/1436 H based on the letter of the Director of Public Security No. 3/2416/3 dated 24/02/1436 H, regarding violations of the law of transporting money, precious metals and valuable documents issued by Royal Decree No. (M/81) dated 18/10/1428 H, and its implementing regulations issued by Ministerial Decision No. (4814) dated 9/10/1433 H, which includes SAMA's request to take all necessary measures to ensure compliance with the implementation of the law's controls, and in the event that any violations or observations are detected, they are documented and sent as soon as possible to SAMA.
Accordingly, SAMA calls on all banks to quickly lift all violations of companies transporting money, precious metals and valuable documents that were detected during the year 2015, within a maximum period of one week from its date, while assigning the Bank's Compliance Department to lift violations of the law of transferring money, precious metals and valuable documents on a monthly basis, and send them to the Supervision Division of Monetary Centers at SAMA.
The Comprehensive National Campaign to Track Down and Arrest Violators of Residence, Work and Border Security Systems
Referring to SAMA Circular No. 381000075863 dated 16/07/1438 H regarding the comprehensive national campaign to track down and arrest violators of residency and labor regulations and border security, SAMA wishes to emphasize the contents of this circular and the full commitment to the following:
First: Raising the level of compliance with residency and labor regulations and border security.
Second: Not employing or sheltering violators of residency and labor regulations and border security.
Third: Taking further effective measures to prevent the provision of services to any violator, whether for themselves or their family members.
Fourth: Promptly contacting the phone number (999) if any information is available regarding dealings with violators, concealing them, transporting them, or employing them.
Furthermore, SAMA confirms its continued field visits to all financial sectors under its supervision to verify compliance with all residency and labor regulations and border security.
Mechanism for Implementation of Security Council Resolutions Related to Prevention of Proliferation of Arms of Mass Destruction and their Financing
This circular is attached to the Guide to Enforcing Security Council Resolutions Concerning the Prevention of WMD Proliferation and Their Financing issued by Circular No. (391000077627) dated 09/07/1439 H (corresponding to 26/03/2018 G).
With reference to the Central Bank's instructions regarding the implementation of Security Council resolutions related to the non-proliferation of weapons of mass destruction and its financing and other related resolutions, the Central Bank would like to inform you of the issuance of Supreme Decree No. 10130 dated 1/3/1439 H approving the mechanism for the implementation of Security Council resolutions issued under Chapter VII of the United Nations Charter related to the non-proliferation of weapons of mass destruction and its financing.
In implementation of the mechanism related to the implementation of the above-mentioned Security Council resolutions, all financial institutions must take the following measures and report on what has been taken in this regard within a week from today:
1- Follow up on updating the data of those listed by the United Nations on a daily basis, by referring to the website of the relevant Security Council committees at the following address: un.org/sc/suborg/ar
2- Freeze immediately and without delay (within hours) and without prior notification any accounts, relationships, financial transactions, or funds belonging to the names listed (whether individuals or entities) by the Sanctions Committee under UN Security Council Resolutions, in accordance with the information available in the lists. This includes funds, accounts, relationships, or financial transactions fully owned by the listed person or entity, jointly owned with any individual, or under their direct or indirect possession or control. It also applies to funds managed by any person on behalf of or under the direction of the listed person or entity (as stipulated in Article 3 of the mechanism). The Central Bank must be notified of the freezing immediately, with full details of the account or transaction provided. In cases of name similarities, the Central Bank must be informed before taking any action.
3- It is prohibited to make any funds available or provide investment services, brokerage, or any other type of financial services, directly or indirectly, to persons or entities listed by the Sanctions Committee or a UN Security Council Resolution, or for their benefit. This prohibition also applies to any person acting on behalf of or under the direction of the listed person or entity, or owned or controlled by that person or entity (as stipulated in Article 4).
4- Accept the deposit of funds into frozen accounts and freeze them immediately when they represent interest or profits due to the accounts, or payments owed under contracts, agreements, or obligations previously entered into, or if these funds arose before the date of the individual or entity’s listing. Notify the Central Bank of such funds without delay (as stipulated in Article 5).
5- If a name is removed by the UN Security Council Committees, the freeze must be lifted immediately (within hours) and without prior notification, unless a prior notice is issued instructing otherwise. The Central Bank must be informed of the unfreezing promptly.
6- implement effective procedures to verify all customers names (individuals, entities, ultimate beneficiaries, etc.) against those classified as "listed persons" by the United Nations. This verification must be conducted during transactions (for existing clients) or prior to account opening or relationship establishment, especially for money transfer operations. In such cases, the names of both the sender and the beneficiary must be verified.
7- Maintain an updated list in the database of entities and individuals listed on these sanctions lists for monitoring purposes.
8- Regularly monitor sanctions lists issued and available from various countries and verify all transactions and transfers against these lists to avoid any potential legal complications.
9- Provide the Central Bank with any information related to UN Security Council resolutions promptly.
10- The procedures outlined in the mechanism must be implemented without delay. Any negligence or delay will result in penalties, including those imposed on financial institutions under the supervision of the Central Bank, in accordance with applicable regulations.
Amendment of Paragraph (3-4) of Guide to the Implementation of Security Council Resolutions Related to Prevention of Proliferation of Arms of Mass Destruction and their Financing
Further to SAMA Circular No. (391000077627) dated 09/07/1439 H supplementary to Circular No. (391000054107) dated 12/05/1439 AH approving the implementation guide for the mechanism for implementation of Security Council resolutions related to the prevention of proliferation of arms of mass destruction and its financing;
We would like to inform you of the amendment of paragraph (3-4) of the above-mentioned guide to be as follows: In the event that a financial institution does not find that it is in possession or under management of any targeted funds, such institutions shall immediately report to SAMA any transactions they have conducted with a former customer or transient customer that turns out to be a person, group or entity listed by the Security Council. An operation to or from a person on Security Council lists.
For your information, and to act accordingly with the above-mentioned amendment as of its date.
Guide to the Implementation of the Mechanisms for the of Security Council Resolutions Relating to the CTF and its Financing
This section is currently available only in Arabic, please click here to read the Arabic version.Retail Banking Professional Certificate - Foundation (2)
This Circular has been updated by SAMA Circular No. 41025433 Dated 12/04/1441.Reference is made to our circular in March 2014, wherein we communicated the introduction of the ‘Retail Banking Professional Certificate (RBPC) - Foundation'. The context for the introduction of the 'Retail Banking Professional Certificate’ is 'The Banking Consumer Protection Principles’, which became effective on 1st September 2013. Principle 17.2 states that: " A bank should ensure that its employees have access to training and achieve the required levels of competency by enrolment in specialised programs for professional accreditation that qualifies them to deal with consumers”.
As of today, 1607 banking employees have completed the required study and sat for the examination, with 1358 successfully achieving the required 'pass’ standard. We would like to remind you that the ‘RBPC’ must be achieved by all retail banking and consumer banking employees by 30th June 2015 . After this date, employees who do not hold the qualification cannot interact or work in retail and consumer banking, whether in a branch or head office department that directly or indirectly provides a service to consumers. The employees who must be qualified will typically include:
• All branch employees, including front, middle and back offices as well as Branch Managers.
• Retail banking district employees including district managers.
• Head office retail banking support office employees.
• Any direct customer dealing employees, such as a Call center, including outsourced employees.
• Typical exclusions include specialised departments, such as Legal & IT, it is not mandatory for employees in these departments to be accredited with the 'RBPC although we do encourage it.
We encourage banks to coordinate directly with the Institute of Banking for the registration and examination scheduling for their employees. We suggest that each bank should complete and submit a plan to the Institute of Banking in order to meet the 30th June 2015 deadline. The Institute of Banking have training centers in Riyadh and Dammam, with a center in Jeddah due to open at end of October 2014.
Client Signature on all Contract and Agreement Pages
Further to SAMA circular No. (391000020013), dated 20/02/1439H, Regarding the requirement for banks to obtain the customer's signature on all pages of contracts and agreements in which they are a party. Due to inquiries about the meaning of 'customer' referred to in the circular.
I would like to inform you that 'customer' refers only to natural persons, and banks have the option to apply this requirement to legal entities. The central bank emphasizes that banks are responsible for the risks associated with the failure of customers who are legal entities to sign all pages of contracts and agreements.
Introduction of a Rule Entitled, Collection Accounts for Depositing and Retaining the Funds of Payment Companies’ Clients
With reference to Rule No. (300) containing the rules for opening bank accounts for juristic persons, contained within the Account Opening Rules, communicated by SAMA'S Circular No. (65681/67) dated 11/11/1440 H. We inform you that the following has been decided:
1. Creating a rule below the above-mentioned rule No. (300-1-3-7), titled: Collection Accounts for Depositing and Retaining the Funds of Payment Companies’ Clients, according to the attached wording.
2. Adding a definition of Payment Service Providers under Chapter(I) on Definitions as follows: "Any entity qualified and licensed by SAMA to provide one or more payment services in the Kingdom in accordance with SAMA'S relevant instructions".
New Rule No. (300-1-3-7) within Rule No. (300) which includes the rules on the requirements for opening bank accounts for Juristic Persons
300-1-3-7/ Collection Accounts for Depositing and Retaining the Funds of Payment Companies’ Clients
The collection accounts for depositing and retaining the funds of payment companies’ clients shall be opened and managed in accordance with the following requirements:
1. A letter from the Chairperson of the Board of Directors of the company or their authorized representative to the bank, stating the purpose of opening the account under the name “Deposit and Retention of the Funds of (name of payment company)‘s Clients”, and identifying the persons authorized to manage the account.
2. A copy of SAMA’s non-objection letter to open a collection account for the company for the purpose of depositing and retaining the funds of their clients.
3. Copies of all the company’s incorporation documents, including the memorandum of association, articles of association and Board formation decision.
4. Copies of the IDs of persons authorized to manage the account.
5. The name of the account shall be “Deposit and Retention of the Funds of (name pf payment company)‘s Clients”.
6. The account shall be separate and independent from the accounts opened for managing the company’s business, including the fees and commissions collected by the company. The account shall not be used for any financial obligations or rights of the company.
7. Payment transactions and transfer of money to other accounts, other than the payment orders made by clients, shall only be made after submitting SAMA’s non-objection for such transaction.
8. Cash deposits to or withdrawals from the account shall not be allowed.
Controls for the Recovery of Movable Assets by Lessors in Financing Lease Contracts
This Circular has been superseded by the Enforcement document extractor for registered financial lease contract, (42039135), dated 12/06/1442 H, Corresponding To 25/01/2021 G.Including a Suspicious Commercial Concealment Index
Further to the instructions issued by SAMA, as communicated in Circular No. (42064692) dated 13/09/1442 H, regarding the creation of a position with responsibilities to combat commercial concealment, analyze, and report suspected cases related to this activity. This continues the ongoing work between SAMA and the National Program for Combating Commercial Concealment to combat the crime of commercial concealment.
SAMA emphasizes the importance of developing technology for banks and payment companies in order to support the detection of commercial concealment activities, in accordance with all indicators of suspicious commercial concealment activities mentioned in the above circular. In addition to including the action of an expatriate worker withdrawing or depositing a cheque drawn on an entity other than their employer, or receiving a financial transfer from an entity other than their employer, as cases that must be reported to the Financial Intelligence Unit. *
* It has been decided to terminate the use of the above-mentioned index as one of the indicators of suspicion of a commercial concealment activity according to Circular No. 43090734 dated 29/10/1443 H.
Amendment of The Responsible Lending Principles for Individual Customers
Based on the powers vested to SAMA under relevant regulations, rules, and instructions, and referring to SAMA Circular No. 99/46538 dated 2/9/1439 H, which includes Responsible Lending Principles for Individual Customers, and based on the correspondence from His Excellency the Chairman of the Housing Program Committee in letter No. 359 dated 8/9/1439 H regarding government support to enable citizens to own their first home, in support of the program's objectives.
We inform you of the amendment of two articles from the aforementioned principles of responsible financing for individuals as follows:
- Article (14/c) is amended to read: Government subsidies, such as those given through the Citizen Account Program or social security, must not be counted as part of the total monthly income of the consumer. However, government subsidies that are documented through contracts with a citizen and that are provided by the Ministry of Housing or the Real Estate Development Fund may be incorporated in the total monthly income of the consumer in real estate finance products.
- Article (15/c) is amended to read: Monthly credit obligations of finance must not exceed 55% of the total monthly income of the consumer. However, for the consumers who are benefiting from the Ministry of Housing or the Real Estate Development Fund for mortgage products, the monthly obligations of finance must not exceed 65% of the total monthly income.
Amendment of the Requirements for Appointments to Senior Positions in Financial Institutions Supervised by SAMA
This circular is currently available only in Arabic, please click here to read the Arabic version.Increase the Maximum LTV of Real Estate Finance Granted by Banks and Exchangers to Citizens to Own the First Home
Referring to Article Eleven of the implementing regulation of the Real Estate Finance Law issued by Royal Decree No. M/50 dated 13/08/1433 H, which states that "The real estate finance entity shall not extend credit on any form of finance exceeding 70 percent of the value of the dwelling subject of the real estate finance contract. SAMA may change such percentage according to prevailing market conditions" based on what serves the public interest.
I would like to inform you that SAMA has decided to increase the maximum financing amount percentage to the value of the property stated in Article Eleven of the implementing regulation of the Real Estate Finance Law from (70%) to (85%) of the value of the first home for citizens only, while banks will continue to grant real estate financing at (70%) of the value for the second home and beyond for all beneficiaries.
SAMA emphasizes the importance of reviewing risk management policies to enhance procedures for maintaining the financial position's safety, including monitoring and measuring credit concentrations, and ensuring the ability of beneficiaries to repay before granting financing—of all types—taking into account the financial and credit obligations of the beneficiaries, while adhering to the relevant instructions from SAMA.
For your information and action accordingly as of Thursday 07/04/1438 H, corresponding to 05/01/2017 G.
Prudential Report Template for Commissions for Deposits, Loans, Bonds and Other Instruments
Pillar 3 requirements have been updated by SAMA's pillar 3 disclosure requirements Framework, issued by SAMA circular No (44047144), dated 04/06/1444 H, Corresponding To 27/12/2022 G.FATCA
Instructions for Accounts of Associations and Civil Institutions
Approval of Arrangements for Activating the Articles Related to Residence and Work Addresses
Please refer to circular No. (351000101674), dated 06/08/1435H, Corresponding To 04/06/2014G, In titled (Residence and Work Addresses), to read the consolidated requirement for this circular.Compliance with the Guidelines for Women Working in the Banks
Compliance with the Regulations and Instructions Governing the Employment of Women in Financial Institutions supervised by SAMA
Following SAMA circulars No. 351000096501 dated 26/07/1435H, No. M A T/23423 dated 09/09/1433H, and No. 24593/M A T/280 dated 20/05/1429H, and No. 17479/M A M/164 dated 02/11/1421H, regarding compliance with the regulations governing women's employment and the controls related to women's work.
SAMA emphasizes the importance of adhering to the instructions mentioned in the above circulars and complying with the regulations governing women's employment and the controls related to women's work in all circumstances, whether inside the establishment or outside, such as social events and training sessions held outside the establishment. Non-compliance with any of these instructions and controls will result in legal actions being taken against the establishment.
I hope for your acknowledgment and that all relevant departments are informed to act accordingly.
Requirements for Appointments to Senior Positions in Financial Institutions Supervised by SAMA-2019
The Requirements attached to this circular have been updated by the Requirements for Appointments to Senior Positions, (42064776), dated 13/09/1442H, Corresponding To 24/04/2021G.Prudential Returns - Consumer Financing
SAMA has issued the first update to the Regulations for Consumer Financing vide its circular # 351000116619 dated 10/9/1435H which became effective on 21/11/1435H. All Banks (domestic Saudi banks and branches of Foreign banks) are currently required to submit quarterly returns on their Consumer Financing portfolios to SAMA. With the issuance of the first update, all Banks are now required to provide their quarterly data and other information concerning Consumer Financing as per the attached (Table 1) revised package. Consequently, the first revised quarterly Prudential return as per the attached format for data as of 31 December 2014 will be due in SAMA 15 days following each quarter end and thereafter. Please note that this circular supersedes and replaces our previous circular # 341000032556 dated 12/3/1434H.
While the attached revised Prudential Returns represents no major amendments to the Prudential Returns currently being submitted, banks should continue to submit their current Prudential Returns only for last quarter of 2014 in parallel with submission of the attached new Prudential Returns. Consequently, starting 1 st quarter of 2015, only the new Prudential returns in the attached (Table 1) will need to be submitted to SAMA.
With regard to historical data, effective December 2014, Banks are expected to provide comparable data for each quarter from 1998 to 2014 as attached (Table 2) and submit to SAMA by end of January 2015.
These quarterly prudential returns are to be submitted as a soft copy . SAMA is also planning to induct this return on its Electronic Return Management System (ERMS) shortly and in this regard will accordingly inform the Banks as to the steps to be taken at their end.
Draft Rules on Stress Testing
In order to further strengthen and converge the stress testing practices of banks, SAMA has prepared the enclosed Draft Circular and the Rules on Stress Testing. These are being forwarded to banks for their review and comments.
Banks are advised to review the enclosed draft documents and provide comments thereon to the Agency no later than 15 August 2011.
Notifying the Criminal Investigation Section About any Abnormal or Suspicious Transaction
To read the updated requirements on the "Reporting of Suspicious Transactions", refer to the Section (8) of the “The Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Guide"Further to our circular No. BC/199 dated 28-5-1399H, regarding the notification of the closest criminal investigation section at public security via the most expedient available means about any application to remit funds abroad which looks abnormal or suspicious before making the remittance in order that necessary action be taken,
SAMA calls on banks to comply with this circular. We wish to refer to SAMA circular BC/45 dated 28-2-1403H regarding the non-acceptance of making remittances to expatriates or issuing checks therefor unless their Iqamas are valid and the notification of the police of anyone requesting to make a remittance or to have a check issued unless he can prove the validity of his Iqama.
Please instruct your branches to act accordingly.
Retail Banking Professional Certificate - Foundation (1)
This Circular has been updated respectively by SAMA Circular No. 361000006226 Dated 11/01/14436 and Circular No. 41025433 Dated 12/04/1441.The ‘Retail Banking Professional Certificate’ is the first professional accreditation program for retail and consumer bankers in Saudi Arabia. This initiative will enable retail and consumer banking employees to be professionally accredited with a qualification that recognises their skills and competencies in delivering a banking service to consumers. It will be a prestigious certificate that will be earned by a study and online examination process, facilitated by the Institute of Banking.
The context for the introduction of the ‘Retail Banking Professional Certificate’ is ‘The Banking Consumer Protection Principles’, which became effective on 1st September 2013. 'Principle 17.2 states that: “A bank should ensure that its employees have access to training and achieve the required levels of competency by enrolment in specialised programs for professional accreditation that qualifies them to deal with consumers".
The first level of accreditation, ‘Retail Banking Professional Certificate - Foundation’ is now being introduced and applications will be available to all retail and consumer banking employees from March 31st 2014. This first level of qualification must be achieved by all retail and consumer banking employees by 1st June 2015 . After this date, employees who do not hold the qualification cannot interact or work in retail and consumer banking, whether in a branch or head office department that directly or indirectly provides a service to consumers.
The objective of the ‘Retail Banking Professional Certificate - Foundation’ is to ensure that retail banking personnel in banks have the minimum knowledge of banking products, services, rules and regulations pertaining to their relationship with consumers. A professionally qualified banking employee will deliver a consistently enhanced experience for consumers.
Development of additional accreditations under the ‘Retail Banking Professional Certificate’ framework will be communicated later this year. In the meantime, we look forward to your continuing support and participation in the professional development of our people, so that banking consumers in the Kingdom of Saudi Arabia enjoy a professional and satisfying experience when they do business with our banks.
Circulars - Phase 3
AX4
Surplus Distribution of Insurance and Reinsurance Activities for Prior years of 2015
Based on Article Seventy (2e) of the Implementing Regulations of the Cooperative Insurance Companies Control Law issued by Royal Decree No. (M/32) dated 02/06/1424 H, where it stipulated that 10% of the net surplus shall be distributed to the policyholders directly, or in the form of reduction in premiums for the next year.
I would like to inform you that all companies must distribute the surplus of insurance and reinsurance operations to the insured (individuals / companies) for the years prior the fiscal year 2015, as received from Your Excellency in response to SAMA Circular No. (T.A'.M / 201503/59) dated 06/06/1436H corresponding to 26/03/2015G and notify SAMA in case of distribution.
The company must also maintain the surplus of insurance and reinsurance operations that are not distributable to the insured (individuals / companies) for the years preceding the fiscal year 2015, until further notice from SAMA.
Guidelines for Prevention and Control of Money Laundering Activities
As you are aware, money laundering activities particularly those related to drugs are a major concern to many governments, law enforcement agencies and banking supervisors. Such activities now constitute a multi-billion dollars business annually, and these vast sums cannot be stored or moved without the cooperation or unwilling participation of international banks. In recent years many international cooperation initiatives have been taken to combat these activities, such as the 1988 UN Convention Against Illicit Traffic in Narcotics Drugs, the 1990 Report of Financial Action Task Force of OECD countries and the 1991 Basel Committee Guidelines for International Banks.
Saudi Central Bank is issuing these Guidelines under Article 16 of the Banking Control Law, with a view to strengthen the ability of Banks to counter illegal transactions and to maintain and enhance the credibility and reputation of the Saudi Banking System. These guidelines provide basic information on the subject, along with information on measures to be taken for prevention, control and detection of money laundering activities. Banks are required to make these an integral part of their own systems and procedures and to fully implement these as soon as possible.
Collecting Donations Using Bank Accounts Without Obtaining Official Approval
Reference to the telegram of the Ministry of Interior No. 73142 dated 02/11/1432 H regarding the collection of donations by individuals and entities using mobile messaging technology or the Internet or through advertising in various visual and print media without obtaining the approval of the official authorities and directing the competent authorities in the Ministry of Interior to take the necessary measures to inflict precautionary seizure on the accounts announced in mobile messages or various media in order to collect donations and apply what was stated in the order of His Highness the Minister of Interior No. 1/7/3/57993/S dated 24-25/10/142 H. In view of the receipt of numerous letters from banks to SAMA stating that some customers' accounts have received deposits in various ways for the purpose of collecting donations and requesting guidance on them.
SAMA would like to emphasize that all licensed banks in the Kingdom abide by the above instructions issued to monitor abnormal or suspicious transactions, including fundraising operations through bank accounts without obtaining prior approvals from the relevant official authorities, and the obligation to report these transactions after studying them to the Financial Intelligence Unit at the Ministry of Interior in accordance with Article Nine of the Anti-Money Laundering Law issued by Royal Decree No. M/31 dated 11/05/1433 H, and not to seize these accounts until a directive is received from SAMA.
Limit on Holding Individual Salary
This circular is currently available only in Arabic, please click here to read the Arabic version.Updating the Mailbox for Financial Investigation Unit
This circular is currently available only in Arabic, please click here to read the Arabic version.Reporting Suspicious AML Transactions to SAMA
In reference to the provisions of the Anti-Money Laundering Law isued by Royal Decree No. M/39 dated 25/6/1424 H, and its contents (Article VII/second paragraph), which stipulates that reporting to the Financial Intelligence Unit shall be in accordance with the form approved by the Unit, provided that the report shall include, as a minimum, the following information:
A- The names of the accused persons and information on their addresses and telephone numbers. B- A statement of the suspected operation, its parties, the circumstances of its discovery and its current condition. C- Determine the amount subject of the suspected operation and the relevant bank accounts. D- Reasons and grounds for suspicion relied upon by the officer responsible for reporting. With reference to SAMA circular No. MT/473 dated 10/8/1426 H supplementing SAMA Circular No. MT/159 dated 21/10/1421 H to all licensed banks and money changers regarding the submission of reports of suspected transactions related to money-laundering or terrorist financing to the Financial Intelligence Unit and a copy thereof to SAMA; The instructions of SAMA contained in the regulatory requirements of anti-money laundering units in local banks.
In view of what has been observed by some banks and money exchangers not to comply with the circulars issued with regard to suspicious reports.
Therefore, SAMA would like to emphasize the need for banks and money exchangers to adhere to the following steps:
- Send the original suspicious report and the attached documents to the Financial Intelligence Unit and send a copy of the suspicious report by fax to the Anti-Money Laundering Division of the Banking Inspection Department at SAMA at the Head Office.
- Verify that all data is completed and fill in all fields in the form designated for reporting transactions suspected of being related to money laundering, in addition to writing the name of the branch and the region in which the suspect's account is located.
- Send another copy via mail to SAMA "Anti-Money Laundering Division - Bank Inspection Department" with a copy of the technical report prepared by the bank to be available if requested.
Therefore, we hope that all banks and exchange offices will comply with this and complete the required data in all suspicious reports.
Specify a Period of at Least Six Months for the Restriction on Television Filming Inside the Branches and the Surrounding Area of the Branches, Starting From January 1, 2009
This circular is currently available only in Arabic, please click here to read the Arabic version.Electronic Payments for Public Transport Projects, Including Trains and Buses
In reference to the strategy of the Financial Sector Development Program to reduce cash transactions and promote electronic payments in order to reach a cashless society, and in continuation of SAMA's efforts to activate electronic services through the implementation of integrated digital payments programs to upgrade the level of electronic services provided.
And in support of public transport projects that have a positive impact on the national level, SAMA confirms that all banks and banks operating in the Kingdom must complete all technical requirements for public transport projects for trains and buses and coordinate with the Saudi Payments Company starting from April 1, 2020 G to ensure technical readiness for electronic payment services, and complete technical permits through the Saudi Payments Permit Center.
Technical Specifications of the CCTV System for the Financial Sector
Further to the instructions of SAMA issued under Circular No. 69427/149 dated 20/11/1440H, which include the Financial Sector Safety and Security Guidelines CCTV Specifications Summary, and in reference to the implementation plan for existing facilities and sites submitted by financial institutions, where the timelines for compliance with the specified standards vary.
We inform you that it has been decided to grant a grace period to implement the financial sector safety and security guidelines CCTV specifications summary and to upgrade all financial sector cameras to high-quality digital cameras. This will be carried out from the first quarter of 2020G to the fourth quarter of 2022G according to the following tiers:
- A maximum of one year for financial institutions with no more than 1,000 sites.
- A maximum of two years for financial institutions with 1,001 to 2,000 sites.
- A maximum of three years for financial institutions with more than 2,000 sites.
Kindly take note and act accordingly. Additionally, please provide SAMA (Supervision Division for Security and Safety in the Financial Sector) with a comprehensive detailed action plan covering all sites within three weeks. A monthly report detailing the progress percentage, site name, and number of cameras must also be submitted at the end of each month, starting January 2020G.
For inquiries, you may contact us via email at: (BankingSafetySecurity@SAMA.GOV.SA).
Clarification on the Meaning of "Days" in the Ramadan and Holiday Working Hours Circular for Insurance and Reinsurance Companies
This circular is currently available only in Arabic, please click here to read the Arabic version.Working Hours during Ramadan and Holidays for Insurance and Reinsurance Companies and Liberal Professions
This circular is currently available only in Arabic, please click here to read the Arabic version.Amendment of Working Days for the Saudi Rapid Money Transfer System (SARIE)
This circular is currently available only in Arabic, please click here to read the Arabic version.Adherence to not Deducting any Fees other than those Stipulated by Regulations and Instructions
This circular is currently available only in Arabic, please click here to read the Arabic version.The Adoption of the Hijri Date in all Correspondence and in Financial and Commercial Documents
This circular is currently available only in Arabic, please click here to read the Arabic version.Reporting to the Financial Investigation Unit
This circular is currently available only in Arabic, please click here to read the Arabic version.A Guide to Forming Volunteer Groups in Private Sector Organizations
No: 241000000035 Date(g): 24/3/2003 | Date(h): 21/1/1424 Translated Document
SAMA received the letter of His Excellency the Director of Civil Defense in Asir Region No. 34/364/DF dated 14/1/1424 H, attached with a guide on how to form volunteer groups in private sector establishments (copy attached), which was circulated in the telegram of His Royal Highness the Minister of Interior and Chairman of the Civil Defense Council No. 3/2/1234/DF dated 18/11/1423 H, who wishes to benefit from this guide.
Therefore, we hope to coordinate with the General Directorate of Civil Protection in the General Directorate of Civil Defense on the implementation of what is stated in this guide.
First: The Order Based on it
The contents of Article Eight of the Regulations of Volunteers in the Civil Defense Works in the Kingdom of Saudi Arabia issued by the decision of His Royal Highness the Minister of Interior and Chairman of the Civil Defense Council No. 2/12/F/1/DF dated 15/1/1422 H, which is as follows: (Voluntary groups in the Civil Defense Works Council shall be formed in the private sector establishments within the framework of the work team required according to the civil defense regulations to assist in the implementation of civil defense procedures within the establishment).
Second: Objective
Clarifying how to form volunteer groups in private sector establishments and setting a clear and practical mechanism that regulates the activation of Article Eight of the Regulations, due to the large number of inquiries received by the General Directorate of Civil Defense from the relevant authorities.
Third: Definition of the Private Sector
The private sector is a group of companies or civil institutions that diversify in all areas of different economic activities, and derive their systems from the regulations of the state affiliated to them through their dealings, whether internal or external, or their relations with their employees.
Fourth:
Controls of private sector establishments in which voluntary groups are to be formed, for example: - factories, companies, institutions, banks, commercial residential buildings, commercial buildings, gas stations, food centers, universities, colleges, institutes, schools, hospitals, private hotels and the like, while adhering to the following:
- The establishment must contain (50) fifty individuals or more.
- The establishment must contain (2) floors or more.
- The establishment must have an area of (1000) thousand square meters or more.
- The establishment must include any of the above points.
Fifth:
Each facility shall establish a department within the facility consisting of the head of the volunteer group and his deputy, provided that the directorates of civil defense in the regions shall supervise the implementation of this.
Sixth:
The organizational structure of volunteer groups within private sector establishments by importance, which are as follows:
A - Alarm Group and their number ( ) volunteer B - Evacuation Group and their number ( ) volunteer C - Accommodation Group and their number ( ) volunteer D - Firefighting Group and their number ( ) volunteer E - Rescue Group and their number ( ) volunteer F- Ambulance Group and their number ( ) volunteer G Guidance and Counselling Group and their number ( ) volunteer H – Shelter Group and their number ( ) volunteer I Relief Group and their number ( ) volunteer J – Rehabilitation Group and their number ( ) volunteer Seventh: Tasks of Volunteer Groups in Private Establishments, Including but not Limited to
1 - Duties of the head of the volunteer group in the facility: a – Limiting the numbers, names, and specializations of volunteers in the facility.
b – Knowing the volunteers' phones of his group and their places of residence in the neighbourhoods.
c – Calling volunteers in case of request and directing them.
d – Providing the needs of volunteers in the facility.
e – Periodic meeting of volunteer groups and discussing plans and roles f – Prepare a detailed report in case his group is involved in incidents. 2 – Duties of the Vice President of the Volunteer Group in the facility:
a – Ensure the attendance of all members of the group required to be present.
b– Ensure that they are trained and familiar with working on equipment.
c – Urging groups to work hard and sincerely.
d – Report any problems facing group members. 3 – Tasks of the Alarm Group:
a – Raising awareness among the population about the implications of sirens and the precautions to be taken when they are heard.
b – Alert residents when there is a fire, air raid, etc., and observe the instructions for restricting lighting and darkness.
c – Using loudspeakers as means of warning in case of emergency.
4 – Tasks of the Evacuation Group:
a – Participate in evacuating residents, affected and afflicted people to safe locations.
b– Know the entrances and exits of the facility, educate and guide residents on how to evacuate in case of accidents, and make a guide for each floor show the nearest roads leading to escape exits, alternative routes, and identify assembly points. 5 – Tasks of the Accommodation Group:
a – Participate in the construction and equipping of shelters.
b – Identify shelters and the roads leading to them, and deliver residents, affected and afflicted to them.
c – Participate in providing social assistance to shelter camps.
d – Women shall assume child and maternity care homes in shelters and receive women displaced from the facility.
e – Count and register those who have been evacuated and sheltered.
6 – Tasks of Firefighting Group: a – Participate in extinguishing minor fires using fire extinguishers and fire boxes.
b– Provide possible support with civil defense teams in containing large fires and removing everything that helps to develop them.
c – Report any risks threatening fires.
d – Drive vehicles and fire trucks when necessary. 7 – Tasks of the Rescue Group:
a– Participate in the search for missing persons and the rescue of detainees and the injured.
b– Report any dangerous situations that require prompt and urgent rescue.
c – Classify and sort the injured according to the type of their injury.
d– Participate in driving rescue vehicles and vehicles when necessary. 8 – Tasks of the Ambulance Group:
a – Providing first aid to the injured and diagnosing cases.
b – Transporting the injured to safe places or to the hospital if necessary.
c – Women shall assume the role of providing first aid to women and children in shelters.
d – Periodic inventory of all health facilities in neighborhoods and preparing of a statistical statement of facilities. 9 – Tasks of the Guidance and Counselling Group:
a – Instructing residents to stay away from the scene of operations and keep the crowd away from the accident site.
b – Raising the morale of the population and stoking their resistance and steadfastness.
c – Educating the population on how to avoid the effects of radioactive chemicals and spreading awareness among them to serve the objectives of civil defense.
d – Monitoring, searching and reporting any suspicious materials and taking the necessary precautions until the arrival of specialized teams.
e – Guiding specialized groups to take the easiest ways to reach the fire site to contribute to the suppression operations and as a guide for civil defense teams in all accidents in the facility.
f – Maintain order at the site of the event and guard important places until the arrival of the concerned authorities.
10– Tasks of the Shelter Group:
a – Helping residents to reach shelters, contributing to the provision of social services within them, and educating them on the correct ways to protect themselves from dangers.
11– Tasks of the Relief Group:
a – Knowing the locations of public and private commercial warehouses for neighborhoods, food and clothing supplies when needed.
b – Contribute to the transport of food, clothing and all types of relief and distribute them to the affected people. 12– Tasks of Rehabilitation Group:
a – Contribute to the reconstruction and construction, whether in prefabricated buildings and tents for those affected.
b – Participation in carrying out crafts, professional and technical work that they are good in such as (plumbing, blacksmithing, electricity, carpentry, repair of telephone malfunctions, water and sewage networks, bakeries, .... etc).
c – Participate in assessing the damage caused by disasters. Eighth: Training
Volunteer entities shall train their volunteers in special training centers in coordination with the General Directorate of Civil Defense, provided that they are trained in all civil defense work and work as one group.
Ninth: Implementation
The scenario of a fire accident on the second floor of apartment No. (5) of the facility.
- When a fire occurs, the person who inspected the fire informs the head of the volunteer group in the facility about the occurrence of a fire and determines the location of the event.
- The head of the volunteer group operates the alarm system in the facility and calls volunteers through that or using means of communication (pager, telephone or mobile) and the like, and informs the Civil Defense, the Electricity Company and the Saudi Red Crescent of a fire on the second floor of the facility and determines the name of the street and the name of the neighborhood.
- The deputy head of the volunteer group in the facility ensures the presence of all members of the group to be present in the incident and directs them each according to his mission and immediately go to the place of the fire.
- Each group applies the instructions that have been previously rehearsed and takes guidance from the vice president of the group, for example, as follows:
- The volunteer of the alarm group informs the residents of a fire on the second floor of apartment No. (5) of the facility.
- The evacuation group volunteer quickly evacuates residents through emergency exits and directs them to the easiest route to reach safe assembly sites.
- The volunteer of the accommodation group makes a census of the number of residents after they gather, directs them to the designated shelters, ascertains the numbers of those missing during the accident and informs the rescue group about this.
- The volunteer of the fire group tries to extinguish the fire using the available means of extinguishing and removing everything that helps its development.
- The volunteer of the rescue group searches for the missing, rescues detainees and the injured, and sorts the injured according to the type of their injury.
- The volunteer of the ambulance group provides first aid to the injured and transports them to safe places or to hospitals if necessary until the arrival of the Saudi Red Crescent men.
- The volunteer of the shelter group helps residents to access the shelters and provide social services inside them.
- The volunteer of the relief group transports and distributes food, clothing and all relief materials to the affected people.
- The Guidance and Counselling Volunteer guides the volunteer groups involved in putting out the fire as well as the civil defense teams to take the easiest way to reach the fire site.
- The Rehabilitation Volunteer surveys the damage caused by the fire and rebuilds and constructs the buildings.
Amendment to Statement No. (6) Regarding the Number of Trainees in the Bank
Reference circular No. 9170/BC/93 dated 13-4-1414H, with attached forms related to Saudi employees at the bank,
We wish to inform you that (Form 6) regarding the number of trainees at your bank has been amended, and would like you to fill out the attached amended Form starting 31-12-1993 A.D.
FORM (6-1)
NAME OF BANK:
STATEMENT OF TRAINEES AT THE BANK
NUMBER OF EMPLOYEES TRAINED DURING THE PERIOD 1-1-199 TO 30-6-199 A.D. NUMBER OF EMPLOYEES THAT ARE EXPECTED TO BE TRAINED IN THE FOLLOWING SIX - MONTH PERIOD TRAINING AGENCY SAUDIS NON SAUDIS TOTAL TRAINING AGENCY SAUDIS NON SAUDIS TOTAL % NUMBER % NUMBER % NUMBER % NUMBER BANKING INSTITUTE BANKING INSTITUTE BANKING TRAINING CENTER BANKING TRAINING CENTER OTHERS (INTERNAL) OTHERS (INTERNAL) OUTSIDE THE KINGDOM OUTSIDE THE KINGDOM TOTAL TOTAL NAME:
SIGNATURE:
FORM (6-2)
NAME OF BANK: _________________________________
STATEMENT OF TRAINEES AND EMPLOYEES WORKING IN
THE TRAINING CENTERS OF THE BANK
M NAME NATIONALITY JOB TITLE GRADE DATE OF APPOINTMENT DATE OF OCCUPYING JOB ACADEMIC QUALIFICATIONS NAME:
SIGNATURE:
Asserting that No ATM Cards May be Issued Without Bearing the Logo of the Saudi Payments Network
SAMA has received information that some local banks are issuing ATM cards for specific purposes that do not carry the SPAN logo.
We wish to note that this method deprives these clients of the right to benefit from the services usually enjoyed by ATM card holders, in particular the services of SPAN which was created to serve the clients and facilitate access to their accounts to withdraw cash from all ATMs and pay for goods and services through POS terminals which are spread throughout the Kingdom.
Hence we call on you to stop issuing ATM cards that do not carry the SPAN logo because this conflicts with the basic object for which it was created. We further call on you to withdraw all such cards previously issued to enhance the client confidence in using SPAN. If the bank wishes to draw any other kind of cards, it has to obtain Saudi Central Bank's approval.
Bank Payment Cards
Recently, the Agency has observed highly aggressive and visible promotional campaigns for credit cards in the local media by some Saudi Banks. These campaigns tend to follow the commercial practices and marketing approaches normally suggested and conducted by international card schemes in many countries.
In this context we again refer you to the Agency's paper of March 1991 on "Bank Payments Cards". In the section on "Promotion" we had strongly suggested that the Banks should actively promote their SPAN cards in their advertising campaigns and brochures so that the full potential of card payment schemes could be exploited. In this paper, we had also strongly suggested, that the Banks should refrain from pursuing campaigns that focus on the credit cards which target a much narrower segment of the card payment market.
Following our March 1991 paper and the feedback we had from the Banks, it may be appropriate for us to reaffirm our overall strategies for the "Bank Payment Cards". These are as follows;
Purpose: The principal objective of introducing card payment systems in the Kingdom is to further the development of an efficient and modern payment system. For convenience reasons, bank customers are increasingly inclined to use payment cards which, when processed electronically; provide a particularly efficient and cost-effective payment mechanism.
Benefits: Because card payments replace cash payments a number of benefits accrue to the Banks. These take the form of larger average balances in customer accounts, fees paid to acquiring banks by merchants, and cost reductions. We estimated that the proposal to extend the Saudi Payments Network (SPAN) to Point-Of-Sale would result in net benefits of SR400 - 500 Million to the Banking System over the next five years.
Card Payment Schemes: The Agency envisaged a card payment system in the Kingdom that includes credit cards, debit cards, charge cards and international branded bank cards. Debit cards reach a much wider segment of the market and their operation is very efficient. Debit card payments, because they are treated as cash by retailers, offer operational, commercial and marketing advantages that should put them ahead of credit cards in terms of overall benefits to the banks. In particular, electronic debit cards reduce the costs and risks involved in building extensive paper-based systems to handle checks or credit card vouchers.
Integration: While the Agency favors the introduction of international brand cards in the Kingdom, it would insist, that this is done in such a way as to support the evolution of the payment system. For example Banks may dual brand these cards with the SPAN logotype. The Agency would encourage multi-function cards, and require the Banks to ensure that the debit function takes precedence when the card is used at a SPAN terminal. Initially' the credit or charge functions could operate in manual transctions and for payments made abroad. In the future, all bank cards could be used on the SPAN Network. Also at this stage SPAN could accept other special purpose or foreign issued non-SPAN cards with coordination with other similar networks.
Charges: In Saudi Arabia, local retailers are unwilling to absorb commissions charged by credit card scheme operators, and therefore they add a premium to prices for card sales. Also the cardholders are required to pay hefty fees for the privilege. This discourages the growth of card payments and reduces the potential benefits to the Banking System. Debit cards normally do not have any additional fees to the cardholders. Consequently, the case for a rapid development of debit cards in the Kingdom is much stronger than the credit cards. Rapid acceptance of SPAN as a debit card by the public will lead to larger number of cards being issued which will in turn increase the benefits to the Banks.
Standards: It is essential that the Banks dispel any confusion created in the market by the proliferation of card schemes and related procedures in the Kingdom. The Banks must reconcile local needs with the practice of international card schemes. This is a challenging but important task. The Agency is planning to convene the SPAN Standards Working Groups to formulate the procedural framework to apply to all card payment schemes.
Central Processing: We proposed in the "Bank Payments Cards" paper that the cost of processing international schemes transactions in the kingdom can be reduced if a central processing facility is built. This will provide electronic processing of international scheme payments through SPAN to replace the individual efforts made by banks. All parties will benefit from this central facility, retailer payment procedures will be simplified, banks will have improved clearing and settlement processes for international scheme transactions, and cardholders will enjoy a more uniform payments environment. The paper has detailed the cost/benefit analysis for this development.
Banks should ensure that the strategies and guidance contained in the Agency's March 1991 paper are observed in the formulation of their approach to the card payment schemes. This is critical for ensuring the maximization of benefits to the whole Banking System in the Kingdom.
Banking Fraud Committee
No: 181000000552 Date(g): 14/11/1997 | Date(h): 15/7/1418 120/9 - Circulars: Banking Fraud Committee
Banking Control
Date: 17 November 1997 A.D
No.: 10729/BCI/552
Outgoing Facsimile
From: SAMA, H.O. Riyadh
To: All Banks
Attention: General Managers and Managing Directors
Subject: Bank Fraud Committee
Over the years, the Bank Payment Fraud Committee has served well as a sub committee of the Bank Chief Operation Officer's Committee (BCOOC). The Mandate of the Committee was to discuss all fraud cases and operational issues related to payment cards.
With fraud in recent times gaining significance due to increased electronic banking, globalization, product sophistication, etc., most supervisors now recognize that a more strategic approach to manage and supervise fraud is required. Consequently, it was agreed both by SAMA and by the banks that there was a need for a forum to discuss all types of fraud. Therefore, it is now decided that the current Payment Card Fraud Sub Committee is to be replaced by an independent committee to be called the Fraud Committee effective Dec. 97.
Further, as a part of its strategy to combat fraud, SAMA is also taking other steps which includes an in-house developed software which consolidates banking system wide fraud related information provided by the banks to SAMA into a data base. From this data base, various fraud related report at various levels of aggregation can be extracted i.e. by fraud type, city, amount, timing, etc. SAMA plans to distribute these reports to the banks to aid them in their combat against fraud. In this regard, SAMA is also reviewing various options related to installing a central fraud management system which would be designed to assist SAMA and the banks to jointly manage and combat fraud.
Consequently, SAMA as a part of its overall strategy to combat fraud is planning to institute a bank fraud committee on the following basis.
*A full-fledged Bank Fraud Committee would be formed whose mandate would be to include all types of fraud related to a bank's operations. The next meeting is scheduled for 2.12.97 at the Institute of Banking.
*Each bank would be represented by one permanent representative who would be directly involved in fraud management and or investigation at their respective bank. This person will be selected by the bank and may be the internal auditor, compliance officer, or any other senior official of the bank concerned with fraud management. This permanent representative could be accompanied by a maximum of two individuals to aid him at the Committee's deliberations on the particular fraud issue being discussed. These individuals may vary in accordance with the nature and type of fraud being discussed.
*The Committee would meet on a monthly basis.
Director of Banking Inspection
BANKING CONTROL
Date: 2 December 1997 G
From: SAMA, H.O. Riyadh
To: Members of The Fraud Committee
Subject: Terms of Reference of The Fraud Committee
The attached represents Terms of Reference for a Fraud Committee. This document is to be used as a tool to enhance the effectiveness of the Committee members and will be updated and further refined as more experience is gained. In this respect feel free to communicate your comments to SAMA.
Director of Banking Inspection
Terms of Reference for A Fraud Committee
SAMA Banking Inspection Department December, 1997
Fraud Committee
Background
Banking business has become increasingly complex and banks now take many different type of risks. Included in this profile of risk also includes fraud which relates to physical losses and is generally covered under operational risk. The consultative paper entitled "Core Principles for Effective Banking Supervision" by the Basle Committee in April 1997 has also appropriately recognized risk management which includes operational risk as its core principle # 13.
In this regard, SAMA has recently issued (June 1997) a document entitled "The Management of Operational Risk through Appropriate Insurance Schemes". SAMA expects that all Saudi banks will adopt and implement the key features of this document in their internal management system with the objective that all related risks are systematically identified and controlled through management action.
Potential for fraud is likely to increase with the advent of technology and as banks venture further into new products and services, geographical areas and markets. Further, it is certain that Saudi banks are increasingly affected by the continuing momentum of global automation, inflow and outflow of pilgrims, internationalization of markets and the advent of sophisticated products.
In view of these challenges, the SAMA decided a few years ago to structure various Bank Committees under its auspices, for providing mechanism where all Saudi Banks could assemble, deliberate and discuss common issues and concerns. One of the committees being proposed is the Fraud Committee.
Given the significance and underlying importance of regulating and supervising fraud, the SAMA wishes to give this committee the posture it deserves. Therefore, this committee is going to be an independent Banking Committee, whose chairman and his other senior members would liaise, discuss and deliberate matters of mutual interest related to fraud with senior SAMA officials. The Committee subject to SAMA's approval would be entitled to appoint specific sub committees accountable to it in all respect.
At this committee meetings, representatives of the banks will share their experiences with respect to fraud, provide the bank's point of view for resolving common problems, as well as providing inputs to SAMA for framing supervision policy.
Major types of fraud include:
- Money laundering
- Forgery
- Counterfeit currency
- Electronic crimes
- ATM
- Payment Cards
- Commercial Services
- Cash Management Services
- Electronic Data Interchange
- Retail Electronic Banking
- Employee fraud
Further, sub committee may be formed in order to afford a sharper focus on specific fraud types such as employee frauds, payment card and Technology fraud, etc., and at the same time to address other constraints such as confidentiality, timing and scheduling, etc.
General Objectives And Mandate of The Committee
- Issues must focus on areas which are in the interest of the long term management and containment all types of fraud occurring in the banking system, as well as enhance control, efficiency and supervision.
- Committee members are expected to jointly identify, analyze and discuss all bank related fraud cases and issues pertaining to their respective bank's experience. Those internal fraud cases which may be sensitive may not be discussed in detail, however, the lesson learnt from such cases in a general sense should be brought to the forum.
- Effective policies, process and procedures are implemented to detect, control and report frauds of all types.
- Discussions must be held in an organized and democratic manner to ensure all viewpoints are aired and objectives of the Committee are achieved.
- The Committee is expected to keep itself abreast of all international and local development in relation with (i) occurrence of major fraud (local and international) (ii) current responses by the international banking community to response to such fraud including technological developments.
SAMA's Role And Responsibility
- SAMA would normally nominal senior officers as its representatives to attend fraud committee meetings. They would act as observers in such forums.
- SAMA would respond to issues raised and proposals put forward by banks at its own discretion within a reasonable span of time. These proposals should normally reflect the position of all fraud committee members, and in their own rights be comprehensive and of sufficient overall quality with respect to depth and breadth to facilitate SAMA policy makers to recommend appropriate policy responses.
- SAMA representatives are to ensure that to the extent possible, banks are appraised of SAMA policies, directives and viewpoint on issues. Where possible SAMA representatives will put forward the constraints and concerns of other government ministries. Their effort would be to enable the committees to work in a positive and efficient manner.
- The meetings are to be conducted with the full knowledge of SAMA and the minutes of Committee meetings to be taken by the secretary of the Committee. These minutes are to be approved by SAMA before being issued.
- Keep itself abreast of all international regulatory and prudential developments related to operational risks, fraud, etc.
Bank's Role And Responsibilty
Each bank should nominate, select and appoint its representatives with proper fraud background related to the Committee's mandate. These individuals are responsible for the following;
- Keep themselves abreast and aware of all the fraud related rules and regulations issued by SAMA.
- To bring to the attention of the Committee the relevant issues and concerns of their bank which require support from other banks as an agenda item for discussion.
- To bring to the attention of their bank's relevant management, the deliberation at such meetings of the various matters identified in the agenda and bring any responses thereto from their management to the Committee which may be of interest to the Committee as a whole.
- To discuss and deliberate in an open, positive and democratic manner under the guidance of the Chairman.
- Keep themselves abreast of major development in fraud management both locally and internationally.
- Report all fraud to SAMA and discuss at the Fraud Committee.
- Should a particular fraud case, of an internal nature represent a potential embarrassment to a member bank, the bank should discuss the case at the committee level in general terms by not disclosing any particular identities and focusing on the lessons learnt.
Committee Officials
Fraud Committee would have the following official with a term of 1 year each. However, it could be made longer by a unanimous decision of the Committee with SAMA's approval.
Chairman
It is the responsibility of the Committee's Chairman who will determine its effectiveness and success because he would normally set its tone, agenda and style. His responsibilities include but not restricted to the following:
- Over-all planning of meetings including timings, venues, agenda items, etc.
- Obtain approval from SAMA on minutes.
- Liaising with SAMA officials, internal and external to the Committee, to do follow-ups on outstanding agenda items, improving the functionality, mandate and objectives of the Committee.
- Maintain a professional and effective style and attitude amongst the members of the Committee.
- Determine strategies and priorities for the Committee and in implementing new proposal amongst the banks most efficiently.
- Solicit and develop new ideas in order to activate and improve on the mandate of the Committee.
- Improve and develop the terms of reference document of the Committee in making it more effective and efficient.
- At the beginning of each term (every September), the chairman of the committee will submit an update term of reference document to SAMA, outlining its objectives and mandate, significant and key agenda items and priorities for the coming year.
- Decide at the Committee level if external consultants are necessary in providing input to a proposal. Final approval for such appointments to be given by SAMA.
Vice Chairman
The Vice Chairman shall assist in any way the Chairman in discharging his role and responsibilities as described above.
He will be there to officiate instead of the Chairman during his absence or early termination.
The Secretary
The secretary's main responsibility would be to take and maintain minutes and obtain SAMA's approval in a reasonable span of time. The minutes must normally be prepared and submitted to SAMA for its approval within one week after the meeting. SAMA is expected to approve the minutes under normal circumstances within one week after their receipt.
Types, Nature and Scope of Fraud to Be Discussed as Agenda Items at The Committee.
It is fully recognized in the interest of internal and external confidentiality, that it would not be easy for banks to air the incidence of all frauds occurring within their bank specifically if it is involving senior officials. In such cases, the banks should discuss the lessons learnt, without detailing any particular personalities or embarrassing details. Consequently, the Agenda, as is the case amongst other banking committees, would be driven by the banks followed by SAMA's approval. Therefore, the banks should plan to bring all fraud cases to the forum keeping in view the overall objective being of exchanging relevant and mutually beneficial information with a view to educate each other and to deliberate on and discuss fraudulent cases.
The natural benefit for all banks would be to contain fraud. Consequently, the overall success, measured in terms of what the banks get out of this forum in managing fraud, would be totally contingent on the nature and level of commitment by the banks in exchanging and deliberating with each other their expertise, wisdom and experiences.
In general, what has to be recognized is that this forum is not a reporting mechanism for banks but a mechanism to gain from each other, in the quest to manage fraud, via discussions and deliberation of common, relevant and significant experience
Quality of Proposals to SAMA
The proposals before being presented to SAMA need to be seriously thought through and documented by the Committees. Formal proposals outlining the nature of the fraud issue, existing and international practice to combat fraud, an analysis of the merits and demerits of the status quo and of the proposed changes should be submitted to SAMA by the Chairman of the Committee.
It would be the explicit and direct responsibility of the Chairman of the Committee to submit proposals of sufficient quality in terms of definition, scope, research, etc. to SAMA. What should be clearly understood that it is with the banks and not SAMA where the responsibility of the following lies with respect to proposals being submitted for SAMA's deliberation and approval.
- The key issue of the proposal must be clearly defined.
- The issue must have the backing of all banks i.e. a complete consensus.
- The key problems or risks which have actually happened or are likely to manifest.
- Alternatives available to respond to item 3.
- Industry practices on the subject issues in major jurisdiction such as UK, US, France, Germany, GCC, etc.
- Recommended course of action and a coverage on its efficiency, economy and effectiveness aspects.
Proposal And Decision Making by The Committee
Discussions and deliberations by the Committee often serve as inputs for SAMA in combating fraud in the Kingdom. These discussions are concerned with either existing rules, regulations or practices or for contributing towards new ones.
It is expected by SAMA that not only is there a consensus on the proposals being submitted, but also there has been sufficient research and analysis carried out by the Committee members to ensure the smooth and practical application of the proposal to combat fraud in the Saudi banking system.
Committee decisions and proposals would normally be by consensus. However, in the case of dissent a majority vote would apply. No voting by proxy is permitted.
These proposals would be further studied by SAMA internally or SAMA may at its own discretion solicit external advice and help if necessary on the account of the banks. SAMA may after studying reject any proposal.
Selection and Termination of Committee Officials
Each committee must elect its own set of officials composed of the following offices:
- Chairman
- Vice Chairman
- Secretary
The selection of each of these officials should take place every September and would be on the basis of majority vote with the following constraints:
- Each bank will have one vote.
- N proxy vote to be accepted.
- no individual can have the same specific within a span of three years.
- All official appointments will be approved by SAMA should there be an unexpected departure for any reason of any of the officials to the Committee, before their regular tenure of 1 year, the Committee as a whole via a voting mechanism choose a replacement to serve until the end of the term.
Any official can be terminated under any of the following circumstances:
- Unanimous decision by the Committee and SAMA's approval.
- SAMA's sole discretion.
- Chairman
Size of The Committee
The size of the committee will be restricted to maximum of 3 members from each bank. Each bank will have one central permanent representative who is i) expected to come to all meetings in order to maintain continuity ii) coordinate with the other individuals (Max.2) who are to accompany him from the bank representing fraud case or issues to be discussed at a specific meeting as determined by the agenda. The individuals chosen to be a permanent representative will be the one who is an closest to managing fraud at any bank and may be the internal auditor, compliance officer, fraud manager, etc.
Confidentiality
Discussion of fraud, its implications and other ramifications in front of a forum is never easy. Consequently, all deliberations, agenda items, decisions, notifications, etc. are to be strictly confidential. However, all banks must realize that all fraud to the fullest extent possible must be reported and discussed (if material). This is because fraud is not a competitive situation, in that a joint effort in deliberating on lesson learnt to manage fraud is the underlying objective.
Under certain circumstances, banks may communicate with each other outside the committee on an individual basis and not via a formal committee, if it is deemed in their professional judgment that it would be in the best interest of the banking system.
Fraud related to employees and particularly senior management would require discretion. However, under such event, it is expected that banks may consult with SAMA, and may just discuss the key lessons learnt without disclosing any embarrassing details.
Follw-up Team
For all major items deemed to be significant by the Chairman, the Chairman in conjunction with SAMA, will appoint two individuals from the Committee to maintain a follow-up on items pending resolution over an unreasonable time span. Such delays may emanate from any of the following situations:
- The quality of the proposal in terms of its formatting, documentation, research, clarity, description, reasonableness, etc.
- Absence of relevant SAMA executives to give a decision.
- Protracted process at SAMA involving opinions, approvals from other relevant government bodies, etc.
It is expected that these individuals will maintain a follow-up contact with the relevant SAMA officials and provide up update on these issues to the Committee.
Sub-Committees
In order to ensure that issues and proposals are thoroughly deliberated upon, the Chairman of a committee, may at his discretion, but with SAMA's approval appoint a Sub-committee. These Sub-committees would be headed by a Chairman who would have an accountability and responsibility relationship with the Chairman of the main Committee for the terms of reference, reporting, agendas and timing.
A summarized "Guidelines for Banking Fraud Committees" is attached for easy reference and implementation.
APPENDIX-1
SAMA Guidelines for Banking Fraud Committee
- Each Bank is required to nominate one permanent representative to the Committee. The representative should be of an appropriate level within the bank and should have the appropriate knowledge and skills in reference to fraud and its proper management in order to contribute to the proceedings of the Committee. He should also be in a position to make commitments on behalf of the bank and in contributing to the work and decisions of the Committee. The permanent representative would be accompanied by other bank individuals (Max.2) where specific areas of fraud are on the agenda.
- Each bank must be represented at each of the Committee meetings. The bank representative(s) is responsible for communication of the proceedings of the meetings, to the relevant personnel within their bank including to the managing directors or the general managers.
- Fraud Committee must elect a Chairman, Vice Chairman and Secretary (Committee Officials). The term of the Chairman, Vice Chairman and Secretary will normally last for one year but could be longer by a unanimous decision of the Committee.
- The Chairman of Fraud Committee must ensure that all banks participate fully and meets their responsibility to act as Committee Officials.
- All banks must be represented in all meetings. Attendance records must be maintained.
- SAMA will nominate its own staff to attend meetings.
- In circumstances where the Chairman cannot attend the meeting, the Vice Chairman will act as Chairman.
- In circumstances where any Fraud Committee official resigns during his term, the Committee must choose a replacement to serve until the end of the term.
- Minutes must be taken at each meeting of the Fraud Committee. The minutes for each committee meeting must be submitted to SAMA in a draft form for approval before circulation to the full membership of the Committee.
- Fraud Committee meetings should normally be held at the Institute of Banking Bankers Club or at SAMA Head Office. Sub-committee meetings may be held at other locations.
- From time to time, Sub-committees may be formed. The Chairman of the main committee may at his discretion delegate the Chair of the sub-committee to another member of the Committee. The sub-committee is fully accountable to the main committee. Proposals to SAMA must be voted upon and made via the main Fraud Committee.
- Fraud Committee decisions and proposals will normally be governed by consensus. In the case of dissent, a majority vote will apply. Banks are not permitted to vote by proxy.
- Issues to be discussed in a Committee meeting could originate from the banks, SAMA and other sources. When bank representatives agree by a consensus they shall raise the issue as proposals to SAMA.
- Proposals made by the Fraud Committee to SAMA must be fully documented and must outline the issues, contain a detailed analysis of the merits and demerits including supporting documentation such as international best practice and the recommendations made by the committee. Proposals requiring major changes in policies or commitment of significant resources must be channeled through the Managing Directors' Committee to ensure their approval.
It, therefore, follows that central banks by managing operational risks, also attempt to manage or prevent fraud. This is achieved by central banks instituting proper interna) control processes and procedures to ensure asset safeguard and prudential banking practices.
Some of practices and policies adopted by central banks exclusive of their joint and combined efforts with other central banks include the following:
- Policies and procedures prescribing strong internal controls.
- Rules pertaining to Audit Committees.
- Engaging external auditors and other consultants to ensure that proper controls are in place to combat fraud.
- Operational risk manuals.
- Training.
Coordination with other law enforcement agencies.
Fraud Can Take Various Forms
- Money Laundering
Money is laundered today through banks at substantial amounts involving billions of dollar and spans a large number of banks. It is used to conceal criminal activity related to it. Banks today have become major targets in laundering operations because they provide a variety of instruments such as bank drafts, travelers cheques, wire transfers, etc. that can be used to conceal the source of ill-acquired money.
Because of the on-going sophistication in money laundering and the complexities brought in due to banking automation, many international organizations like the United Nations, Basle Committee on Banking Surevision have issued rules and regulations.
- The 1988 Un Convention (Vienna Convention), Against Illicit Traffic in Narcotics and psychotropic substances.
- Financial Action Task Force (FATF). Formed at the economic summit of major industrialized countries in 1989. 40 recommendations were promulgated.
- European Community (EC). This directive went into effect on 1 january 1993 and each member state has ratified it.
- Prevention of criminal use of the banking system for the purpose of money laundering by the Basle Committee (1988).
- Forgery
Forgery is the second largest area of operational exposure according to a 1993 study on fraud done by the international public accounting firm of KPMG. Such types of fraud includes simple forgery of cheques and forgery of the come complex negotiable instruments such as LCs, promissory notes, bonds, etc.
Current document technology such as optical scanners, color laser printers and powerful desktop publishing software now allow creation of forgeries which are virtually undetected except by highly sophisticated means. Here central banks can assist by promoting the institution of tough anti-forgery laws, and rigorous internal control regimes requiring signature authentication and verification and other rule and regulation. Tough anti-forgery laws are already in place in the Kingdom.
- Counterfeit Currency
There are two major trends developing internationally which expose banks to this type of fraud.
- . Technology, As with forgery, new technology is also facilitating this type of fraud with new document processing technology.
. Organized Crimes. Many international organizations are involved in supporting large scale counterfeiting operations directed against mainly US dollars. This bogus currency is of extremely high quality and is virtually undetectable by even experienced people.
Central banks respond to the above with technology by redesigning and incorporating various anti-counterfeit features.
- Electronic Crime
Electronic crime represents the fastest growing form of fraud facing banks. Technology has resulted in increased exposure to financial loss (i.e. by alteration of a state of indebtedness) by gaining illegitimate access to computer records. However, there has been reduced risk of physical loss, i.e. theft of cash and other monetary assets. For example, in an EFT environment, cash holdings are drastically reduced, which serves to reduce physical risk. In general, risk of electronic crime presents 4 major areas:
- ATMs
- Credit Cards
- Point of Sale
- Commercial Services
- *Cash management services
- *Electronic data interchange
- Retail Electronic Banking
- Telephone bill payments
- PC-based home banking
Such types of fraud can be combated by the institution of strong internal controls procedures in an electronic environment. These mainly include high technology security controls at the input, processing, recording and programming levels. Central banks institute such controls to maintain the safety and soundness of the banking system. The most common type being inserting false instructions into the bank's system with the intent to divert funds.
- Insiders Infidelity
One of the most common type of frauds bing committed involving substantial amounts are insiders (employees, officers, directors, shareholders, etc.) who can in concert with outsiders (members of national and international networks) act individually or collectively to defraud bank. A prime examples of insider fraud has been the savings and loans (S&L) crisis. One of the greatest factors contributing to this crisis was insider fraud where via false indebtedness or funds were diverted for the benefit of the owners. Other such examples include BCCI. DAIWA, Baring Brothers, etc.
Development in SAMA
Saudi Arabia already has some of the toughest laws to combat frauds related to drug trafficking and an international reputation that it is a hostile environment for such activities.
Notwithstanding, SAMA as the central bank and as a regulator of the Saudi banking system has also instituted a number of policy measures to combat fraud in the Saudi banking system. More to the point, these measures provide specific guidance to the banks in their aim to combat bank-related frauds.
Improved Internal Controls in The Banking System
The Agency has taken various steps to enhance and strengthen the internal control systems at the banks. Such controls are in place to ensure asset safeguard, prudential running of the banks, integrity of financial information and Bonafide authorization of transactions. These controls ensure smooth operations of the banks and provide for safeguard against fraud.
These measures include the following:
- The management of operation risk though appropriate insurance schemes.
Issuance of Internal Control Guidelines by the Agency.
These guidelines provide for the enhancement and standardization of control systems to ensure that assets specifically liquid assets such as cash and other negotiable instruments are safeguarded.
It is well known fact that there is overwhelming pre-dominance of fraud related to cash, travelers cheques, ATM cash. etc. Committed by employees and non-employees. Further, recovery of assets lost due to internal or external fraud is remarkably low. Consequently, the institution of sound internal controls is indispensable to prevent fraud.
Issuance of Accounting Standards for Commercial Banks.
The Agency has also issued accounting standards to ensure Bonafide accounting measurement, recording, treatment and reflection of transactions as a measure to prevent fraud.
Efficient accounting records are again essential to manage and prevent frauds of various types. These controls relate to asset safeguard, authorization of transactions and to ensure general safety and soundness of banks.
Issuance of a Manual entitled "Rules for Minimum Physical Security Procedures for Saudi Banks"
The Agency has issued "Rules for Minimum Physical Security Procedures for Saudi Banks." These have been issued to improve the physical security controls of banks.
The manual contains minimum requirements and standards for security as described below:
- Minimum requirements for security systems.
- Standards for corporate security manual.
- Minimum requirements for physical security.
- Cash in transit procedures.
- Security guards work instructions.
- Other Support Manuals And Documents
- Guidelines for the prevention of fraud. This guideline provides a coverage on the steps to be taken in the event of a fraud including collaboration with law enforcement agencies.
- Guidelines for the prevention of money laundering. This guideline is a state-of-the-art document and has been composed after consulting various internationally known standards and documents. The Agency has very rigorously pursued this type of fraud in the Kingdom.
- Rules And Regulation Pertaining to Audit Committees.
- On-site Inspections
The Agency's inspection department performs periodic on-site inspection of banks, as circumstances warrant it, to ensure the detection of fraud and also to ensure that the following attributes which are again related to fraud are in place.
- Assets are safeguarded.
- Proper internal controls and accounting and other records exist and are functioning to detect fraud.
- The banks are running in a prudent manner consistent with the objective of safety and soundness.
Transactions are authorized, recorded and re-valued.
Further, such on-site inspections also reveal if improvements can be made in meeting the above subjects.
- Manuals under Study
The following manuals and guidance documents are in the final stages of their completion.
- Requirements to have compliance officers to guard against operational risks.
- Cooperative Procedures with Various Constituencies
- With Bank's management. The Agency has defined procedures related to coordination and cooperation with the bank's management in the event of an incidence of fraud to provide for an effective deterrent. This entails proper recording of facts, analysis and appropriate steps to be taken.
- With law enforcement agencies. The Agency also cooperates with different law enforcement agencies in investigation frauds, forgeries and counterfeit currencies.
Training Programs for Law Enforcement Agencies
The Agency also conducts training programs for law enforcement agencies in relation with economic and financial crimes. For example, SAMA has conducted a six-week training program for the security forces.
Fraud Reporting System
* SAMA has developed a central fraud data base wherein each bank every six months report their various fraud cases. A central fraud database covering all of the significant facts and analyses has been developed to provide support in framing policies and in investigating cases. Various reports can be extracted from this data base which are planned to be distributed to all the bank.
*SAMA is reviewing various options to develop a fraud management and investigation system which is planned to provide for a data base to aid in supervising and managing fraud.
- Electronic Fund Transfer Project
SAMA has instituted the EFT system in the Kingdom. This again serves to reduce exposure to physical loss of assets, i.e. cash as there would be a reduced need to hold large amounts of cash at the branches and the need to physically transport it.
- Embezzlement, Fraud, And Money Laundering Section
This is a special unit in the banking inspection department which has been established to conduct studies and research on all aspects of fraud, i.e. current developments, impact of technology, new types of fraud, etc.
This special unit also assists in conducting investigations and analysis on all types of fraud cases under investigation by SAMA.
- Reporting of Fraud by The Banks to SAMA
- Banks are expected to report all fraud cases to SAMA at the time it is detected.
- Banks are expected to provide summarized updates on all fraud cases.
Banks Sending Extensions of Letters of Guarantee to the Beneficiaries Via Regular Mail
SAMA has noticed that some banks are sending extension of letters of guarantees to beneficiaries by regular mail. This is likely to cause a dispute between the issuing bank and the beneficiary in case the letter of guarantee is lost.
It is understood that when a bank decides to extend a letter of guarantee it has to notify the beneficiary. In principle, the method of delivering the extension to the beneficiary is determined by agreement between the two parties. In the absence of any agreement, delivery of the extension to the beneficiary should be made by hand against the signature of the beneficiary. If this not possible, the extension should be sent by registered mail, to the exception of regular mail which carries the possibility of loss.
SAMA hopes for your compliance.
Change in Ministry of Interior Identification Number to Make it Unified
This section is currently available only in Arabic, please click here to read the Arabic version.Change in the Design of US Banknotes
SAMA was advised by the Federal Reserve Bank ('FRB') in New York that the US Secretary of Treasury and the Chairman of FRB have decided to change the design of US banknotes and that the new issues will appear as of 1996A.D with regard to the 100$ banknote. Other categories will be issued within 9-12 months.
It is to be noted that all US banknotes will remain in circulation at their nominal value and no withdrawal of or reduction of price in the value of any US currency will take place in a specific time period. The new issue will contain certain secret data, including water signs and kind of ink used, in addition to previous secret data to reduce the possibility of counterfeiting. The announcement about other developments re the new issue will be made later.
Changing the Transfer Time for the Regional Clearing System
Reference to the Upgraded Clearing System applied in all SAMA branches in Riyadh, Jeddah and Dammam, and further to circulars No. BC/108, dated 6/3/1415 H and No. 2820/BC, dated 2/3/1415 H, and pursuant to the agreement with all local banks at the meeting of the Banking Operations Managers Committee on 3/4/1995 A.D, The amendment of the regional clearing system (Transfer time) is hereby approved, whereby transfer time of all checks drawn at regional cities (Riyadh, Jeddah and Dammam) or at other cities shall become zero, as of Saturday 7/4/1416 H. (2/9/1995 A.D.) in accordance with the attached procedures.
For your info and acting accordingly
Procedures of Regional Clearing System Applied as of 23/3/1416 H. (19/8/1995 A.D.)
I. Transfer time shall be the actual time at which the drawing bank is credited and the drawee bank is debited after clearing in the clearing house.
II. For all checks drawn at branches within the regional clearing cities (Riyadh, Jeddah & Dammam), together with very close locations, the transfer time shall be zero if submitted in the same city. But such checks may be returned on the day following their submission at the latest (i.e. if the check was submitted on a Saturday, it may be returned on Sunday of the same week at the latest).
III. The transfer time shall be zero for all checks drawn at bank branches inside the regional clearing cities (Riyadh, Jeddah & Dammam) and submitted at another regional clearing city (such as a check submitted to Riyadh's clearing house and drawn at a branch in Jeddah or Dammam). But such checks may be returned after one full working day of its submission at the latest (i.e. if a check is submitted on a Saturday, it may be returned by Monday of the same week at the latest).
IV. The transfer time shall be zero for all checks drawn at branches in other cities outside the regional clearing cities (Riyadh, Jeddah & Dammam) and submitted in the regional clearing cities (such as a check submitted to the clearing house in Riyadh and is drawn at a bank branch in Abha). But such checks may be returned within 3 working days following the day of their submittal (i.e. if a check is submitted on a Saturday, it could be returned on Tuesday of the same week at the latest).
V. All checks submitted to the clearing house by the submitting bank shall be credited to its account and debited to the account of the drawee bank the same day.
VI. The transfer time for all checks shall be zero. No consideration shall be given to the transfer time except in the case of returned checks as per II, III & IV above, according to the table attached to circular BC/185, dated 20/4/1415 H, as amended by circular BC/200, dated 4/5/1415 H.
VII. The bank may return the check drawn thereat within the stipulated period and it does not have to wait to the last day, but cannot return it after that period. The bank that submits the check has the right to refuse the return of the check by the paying bank after the stipulated period. But if the paying bank (the drawee) returns the check after the stipulated period and the submitting bank has accepted the check by mistake, the submitting bank has the right to again return this check to the drawee. Consequently, the submitting bank may settle the dispute regarding returned checks with the drawee by cooperation within the clearing house.
VIII. SAMA is by no means responsible for the risk of returned checks and potential disputes arising from the return of a check by the drawee bank after the stipulated period and the acceptance of the check by the submitting bank. In this case, the bank representative at the clearing house must always make sure of the checks drawn thereat and delivered thereto in packages after clearing, which may sometimes contain returned checks, to be sure of the period during which the drawee is allowed to return such checks. Therefore, bank representatives must cooperate among themselves regarding returned checks as agreed at the above mentioned meeting.
IX. The banks must credit the client, after the stipulated period for check return, on the day following the last day of that period.
X. Some branches shall be exempted from applying the transfer time system on returned checks in view of their remote location and in accordance with circular BC/185, dated 20/4/1415 H, as amended by circular BC/200, dated 4/5/1415 H.
XI. The effective date of this system shall be Saturday 7/4/1416 H. (2/9/1995 A.D.), noting that the banks shall at that date start printing their client checks in accordance with the new transfer time system. However, banks shall be allowed to submit checks printed according to the old system to the clearing house for a maximum period of 12 months as of the effective date of the new system, after which all checks must be submitted in accordance with the new system.
Credit Card Fraud Prevention
SAMA has recently observed an increase in fraudulent transactions using unauthorized credit cards, carried out by swiping these cards through point-of-sale (POS) terminals to execute fraudulent activities.
These incidents occur either with the knowledge and involvement of the merchant (the business owner) or without their awareness. Given the serious implications of this issue on the Kingdom's economy as a whole, and specifically on the banking sector and POS services, SAMA emphasizes the following:
1.Providing this service to merchants and shop owners after conducting studies and evaluations of the merchant's business size, financial status, and reputation. Connecting a merchant to this service represents granting them a credit facility, not merely installing a POS device.
2.The bank must educate its merchant customers (Merchants) and their employees by holding continuous courses in the field of fraud and manipulation of irregular cards, especially cards issued by foreign banks outside the Kingdom.
3. Monitoring the operations of merchants and shop owners, especially gold and jewelry stores and electronic and electrical appliances stores, as they are targeted in such fraudulent operations, by knowing the size of the amounts and operations carried out through POS devices to detect and address any abnormal operation that is not consistent with the merchant's daily operations and the size of his activity, and the bank is responsible for providing appropriate monitoring systems for the early detection of these operations (Fraud Alert System).
4. Inform merchant customers that all transactions executed using POS terminals in their establishments are their responsibility first, followed by the responsibility of their employees. Strict penalties will be imposed on anyone proven to have misused this service.
5.Gradually discontinue the use of manual devices for processing credit card transactions, with a complete phase-out within one year from this date.
6. Focusing on continuous awareness, especially during vacations and various occasions such as Ramadan and the Hajj period, as these irregular cards are usually in the possession of foreign nationals who are usually trying to buy expensive goods.
7. There are counterfeit cards in a professional manner, and you must educate your customers to detect these cards by increasing their awareness of the security specifications of the cards (a list of the specifications of the security marks of the cards is attached).
8. Provide SAMA with the names of manipulative merchants and shops that are proven to be involved in such operations and report any suspicious operations in this field to SAMA without any delay.For your information, apply and adhere to all of these procedures.
The Ten Security Points you Should Look for in a Visa Card The Ten Security Points you Should Look for in a MasterCard 1 All Visa card numbers must start with (4).
All MasterCard account numbers must start with (5). 2 The first four digits of the card account number must match the first four digits printed on the card.
The account number must be printed on the signature area on the back of the card in left-slanted numbers followed by three digits of the validity code. 3 The card is valid from the date indicated after VALID FROM and is valid until the last day of the month indicated after GOOD THRU The card is valid from the date indicated after VALID FROM and is valid until the last day of the month indicated after GOOD THRU 4 All Visa cards must be marked with a “V”. All MasterCard cards must bear the letters “MC”. 5 The painted watercolor image of a dove should look like it is flying when the card is tilted in the light. The image of the two holographic globes must appear on the front of all MasterCard cards. 6 The last four digits of the card account number must be printed on the drawing area. The last four digits of the card account number must be printed above the image. 7 The account number on the card must match the account number as it appears on the device or as printed on the transaction document, noting that an abbreviated form may appear on the card with the word “ELECTRON”. The account number on the card must match the account number as it appears on the device or as printed on the transaction document. 8 All Visa cards must bear the blue, white and gold colors on the Visa symbol. All MasterCard cards should see the orange and yellow circles as the background for the MasterCard symbol. 9 The signature on the back of the card must match the signature on the sales document. The signature on the back of the card must match the signature on the sales document. 10 The signature background on the back of the card must have the word VISA printed in blue and gold or blue only and if the word “VOID” appears, the card must be declined. The signature area on the back of the card should show the MasterCard's multiple colors printed at an angle. Delay Penalties on Banks That Fail to Deliver Settlement Documents on Time
Further to our circular letter dated 8-11-1412H (copy attached), it has been noticed that some central bank units have failed to deliver settlement documents on time, thus causing damage to shares traders, in addition to the burdens suffered by the Saudi Share Registration Company in handling such operations.
You are requested to notify the employees of the central unit at your bank to comply with the provisions of our afore-mentioned letter. The Saudi Share Registration Company shall apply the attached procedures as of 1-6-1414 H (14-11-1993 A.D.)
Procedures for The Collection of Delay Penalties on Banks That Fail to Deliver Settlement Documents on Time
The settlement section employee shall examine settled and unsettled operations with the bank representative.
Delayed and unsettled operations caused by bank default shall be defined.
Such operations shall be recorded in daily statements signed by the bank representative.
Bank representative shall be asked to explain reasons for delay.
Bank representative shall sign a statement of unsettled and delayed operations that will be subject to delay penalties.
Penalties shall be imposed on unsettled operations on a daily basis until settled within a period of 5 days at the latest. If not settled within this period, the procedures of compulsory buying shall be applied.
These operations shall be recorded on a form of 3 copies circulated as follows :
- Copy to the Saudi Share Registration Company
- Copy to the bank representative
- Copy to the to Settlement & Clearing Section
- A penalty of SR 50 per each day of delay shall be imposed by the Saudi Share Registration Company for each operation.
- A copy of the signed statement shall be sent to the bank at the end of each month for collection of penalty.
Direct Debit Through "SARIE" Payment System
As the Saudi Fast Money Transfer System "SARIE" provides a "Direct Debit" service through local banks, so we hope that all banks will direct all their branches to accept and ratify the requests for deduction authorization received by customers, based on the objective regulations by SAMA that regulate this service.
English Text of Guarantee Forms
As discussed in the Managing Directors Meeting of 14 October 1991, enclosed please find the English Text of the Guarantee forms for final deposit and advance payment guarantees.
The Banks should ensure that these forms are used by them and the international banks providing final deposit and advance payment guarantees in the Kingdom.
Letter of Guarantee for Advance Payment
His Excellency Place...... Number .......... Date......................... Since your have awarded our clients Messrs.......... ("the Contractor") a contract ("the Contract") for .................... (Description and Identity of the Project) and since you have agreed to reimburse to the Contractor an advance payment ("the Advance Payment") up to % of the value of the Contract we .................... ("the Guarantor") hereby irrevocably and unconditionally guarantee the payment to you of Saudi Riyals .................... representing the amount of the Advance Payment and accordingly covenant and agree as follows:
(a)
The guarantor shall forthwith on demand made by you in writing and notwithstanding any objection by the Contractor pay you such amount or amounts as you shall require not exceeding in aggregate the above mentioned amount of Saudi Riyals .................... by transfer to an account in your name at such bank in Saudi Arabia as you shall stipulate or in such other manner as shall be acceptable to you.
(b)
Any payment made hereunder shall be made free and clear of, and without deduction for or on account of, any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.
(c)
The covenants herein contained constitute unconditional and irrevocable direct primary obligations of the Guarantor. No alteration in the terms of the Contract and no modification or extension of the Contract or in the extent or nature of the work to be performed thereunder and no indulgence, allowance of time by you or other forbearance or concession or any other act or omission by you which but for this provision might exonerate or discharge the Guarantor shall in any way release the Guarantor from any liability hereunder.
(d)
This guarantee shall remain valid and in full force and effect upto the end of the .................... day of .................... of the year....................provided that it is a condition of this guarantee that, in the event you give the guarantor on or prior to the said expiry date of this guarantee (or any subsequent extension of that expiry date in accordance with this proviso) signed written notification requesting an extension, the Guarantor will (a) automatically extend this guarantee for such period (not exceeding 365 days) from that expiry date or extension as you may specity in that notification or (b) pay the amount of the guarantee.
(e)
The Guarantor represents and warrants that the amount of the guarantee gerein contained does not exceed 20 per cent of the total of the paid up Capital and Reserves of the Guarantor.
(f)
This guarantee is governed by and shall be construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.
(Authorised Signature)
(Bank)
Head Office
Letter of Guarantee for Advance Payment
His Excellency.............................Place ..................................... Number Date Since your have awarded our clients Messrs .................... ("the Contractor") a contract ("the Contract") for (Description and Identity of the Project) and since you have agreed to reimburse to the Contractor an advance payment ("the Advance Payment") up to % of the value of the Contract we .................... ("the Guarantor") hereby irrevocably and unconditionally guarantee the payment to you of Saudi Riyals .................... representing the amount of the Advance Payment and accordingly covenant and agree as follows:
(a)
The guarantor shall forthwith on demand made by you in writing and notwithstanding any objection by the Contractor pay you such amount or amounts as you shall require not exceeding in aggregate the above-mentioned amount of Saudi Riyals .................... by transfer to an account in your name at such bank in Saudi Arabia as you shall stipulate or in such other manner as shall be acceptable to you.
(b)
Any payment made hereunder shall be made free and clear of, and without deduction for or on account of, any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.
(c)
The covenants herein contained constitute unconditional and irrevocable direct primary obligations of the Guarantor. No alteration in the terms of the Contract and no modification or extension of the Contract or in the extent or nature of the work to be performed thereunder and no indulgence, allowance of time by you or other forbearance or concession or any other act or omission by you which but for this provision might exonerate or discharge the Guarantor shall in any way release the Guarantor from any liability hereunder.
(d)
This guarantee shall remain valid and in full force and effect upto the end of the .................... day of of the year .................... provided that it is a condition of this guarantee that, in the event you give the guarantor on or prior to the said expiry date of this guarantee (or any subsequent extension of that expiry date in accordance with this proviso) signed written notification requesting an extension, the Guarantor will (a) automatically extend this guarantee for such period (not exceeding 365 days) from that expiry date or extension as you may specity in that notification or (b) pay the amount of the guarantee.
(e)
The Guarantor represents and warrants that the amount of the guarantee gerein contained does not exceed 20 per cent of the total of the paid up Capital and Reserves of the Guarantor.
(f)
This guarantee is governed by and shall be construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.
(Authorised Signature)
(Bank)
Head Office
Letter of Preliminary Guarantee
His Excellency........................................Place.........................Number....................Date .................... Since our clients Messrs .................... ("the Contractor") have submitted their bid to perform (or supply) .................... (State information concerning the purpose of operation) we .................... ("the Guarantor") hereby (name of Bank)
irrevocably and unconditionalyy guarantee the payment to you of Saudi Riyals .................... being .................... % of the value of the bid they submitted pursuant to the tender invitation, and accordingly covenant and agree as follows:
(a)
The guarantor shall forthwith on demand made by you in writing and notwithstanding any objection by the Contractor pay you such amount or amounts as you shall require not exceeding in aggregate the above mentioned amount of Saudi Riyals .................... by transfer to an account in your name at such bank in Saudi Arabia as you shall stipulate or in such other manner as shall be acceptable to you.
(b)
Any payment made hereunder shall be made free and clear of, and without deduction for or on account of, any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.
(c)
The covenants herein contained constitute unconditional and irrevocable direct primary obligations of the Guarantor. No alteration in the terms of the Contract and no modification or extension of the Contract or in the extent or nature of the work to be performed thereunder and no indulgence, allowance of time by you or other forbearance or concession or any other act or omission by you which but for this provision might exonerate or discharge the Guarantor shall in any way release the Guarantor from any liability hereunder.
(d)
This guarantee shall remain valid and in full force and effect upto the end of the .................... day of .................... of the year............................provided that it is a condition of this guarantee that, in the event you give the guarantor on or prior to the said expiry date of this guarantee (or any subsequent extension of that expiry date in accordance with this proviso) signed written notification requesting an extension, the Guarantor will (a) automatically extend this guarantee for such period (not exceeding 365 days) from that expiry date or extension as you may specity in that notification or (b) pay the amount of the guarantee.
(e)
The Guarantor represents and warrants that the amount of the guarantee gerein contained does not exceed 20 per cent of the total of the paid up Capital and Reserves of the Guarantor.
(f)
This guarantee is governed by and shall be construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.
(Authorised Signature)
(Bank)
Head Office
Form of Request for
Extension of A Preliminary Guarantee
Ref:---------------------------------------------
Date: / /14 H
/ /
Messrs : (The Bank)
Greetings:
With reference to the preliminary guarantee issued by you in our favour by you under No. __________ dated_____ for the sum of SR. _____ (SR __________________ only) as requested by your clients, _____,in connection with their offer for (operation) ; and Whereas, the said guarantee expires on //; and we have not been able to decide on the above mentioned tender; and
Whereas, we have not yet received from the applicant for the guarantee any evidence of the withdrawal of their offer, and in accordance with Article (9) of the Implementing Rules of the Regulation for Procurement of Government Purchases, which provides that a preliminary guarantee should remain valid until the date specified for deciding upon the tender; and
Pursuant to Article (10) of the above-mentioned Rules, which provides that an offer should remain valid and irrevocable until the date specified for deciding upon the offers, and that the concerned authority can request the offer or to extend the validity of his offer and that if the offer or has not requested that his offer be withdrawn and his guarantee returned after the expiration date of the guarantee he will be considered willing to remain committed to his offer:
We hereby request you to extend this guarantee for a period of__________ with effect from its expiry date mentioned above and in the event you do not effect the required extension and provide us with evidence thereof before the expiration of the period of validity of the guarantee, we wish that the guarantee be called and that we be paid its value.
Regards:
Name:
Signature:
Extension of Final Guarantee Form
No.: / /
Date: / /
Corresponding to: / /
Messrs. (The Bank)
Greetings,
Re unconditional letter of guarantee issued in our favor No. __________dated _/__/__ in the amount of SR__________ (only Saudi Riyal ) which expires on _____; and
Re paragraph (d) of this guarantee, under which you undertook to extend its validity upon our request for a period not exceeding 365 days,
We hereby request you to extend this guarantee for a period of_____ _____as of the date of its expiry set forth above. In the event you fail to effect the requested extension and provide us with documentary evidence before the expiry date of the guarantee, we kindly request you to confiscate the guarantee and advise us accordingly.
Regards:
Name:
Signature:
Extension of Advance
Payment Guarantee Form
No.: / /
Date: / /
Corresponding to: / /
Messrs. (The Bank)
Greetings,
Re unconditional advance payment letter of guarantee issued in our favor No. __________dated_____/_____/_____in the amount of SR__________ (only Saudi Riyal) which expires on__________; and
Re paragraph (d) of this guarantee, under which you undertook to extend its validity upon our request for a period not exceeding 365 days,
We hereby request you to extend this guarantee for a period of_____starting as of its date of expiry set forth above, reducing its value by the same amount already recovered to become SR(Saudi Riyal_____). In the event you fail to effect the requested extension and provide us with documentary evidence before the expiry date of the guarantee, we kindly request you to confiscate the guarantee and advise us accordingly.
Regards:
Name:
Signature:
Exposure Draft of Guiding Principles on Governance for Islamic Collective Investment Scheme
Acronyms
BCBS Basel Committee on Banking Supervision BOD Board of Directors CIS Collective investment scheme. IAH investment account holder IFRS International Financial Reporting Standard IFSB Islamic Financial Services Board ICIS Islamic collective investment scheme. IIFS Institutions offering only Islamic financial services (excluding Islamic insurance/7akafu/ institutions and Islamic mutual funds) IOSCO International Organization of Securities Commissions IRR Investment risk reserve OECD Organisation for Economic Co-operation and Development PER Profit equalization reserve SSB Shari'ah Supervisory Board UCITS Undertakings for collective investment in transferable securities PREAMBLE
Bismillahirrahmanirrahim.
Allahumma salli wasallim 'ala Sayyidina Muhammad wa'ala ālihi wasahbihi
- In December 2006, the Islamic Financial Services Board (IFSB) issued its Guiding Principles for Corporate Governance of institutions offering only Islamic financial services (IIFS) - known as IFSB-3.1 In order to further strengthen the governance practice in the Islamic financial services industry (IFSI) with a broader view of promoting soundness and stability of the Islamic financial system, the IFSB Technical Committee during its meeting in Jeddah in December 2005 approved that the IFSB develops a second tier of its governance standard by focusing on collective investment schemes (CIS) which are claimed to be Shari'ah-compliant, sometimes referred to as Islamic unit trust, Islamic mutual funds or Islamic investment funds, depending on the jurisdiction.2
- For the purpose of synchronizing key terminologies in this document in line with more internationally recognized standards for investment funds,3 the IFSB decides that the term "’Islamic collective investment scheme1’ (ICIS) is more appropriate to be used for the rest of this document. In line with this premise, where appropriate, the key terminologies herein are defined and adapted accordingly.4
- As ICIS is primarily a capital market instrument, the standard would make a first prudential standard developed by the IFSB in the area of Islamic capital market (ICM). In this respect, the standard has specific aims of complimenting the international y recognized governance standards by reinforcing international best practices while addressing the specificities of ICIS. The IFSB recognizes that certain governance issues are of equal concern to all CIS, whether Islamic or otherwise. Therefore, this document will not attempt to reinvent the wheel by proposing a wholly new governance framework for ICIS. Instead, it would focus on filling the appropriate best practice gaps identified by the IFSB. particularly with regard to governance issues which are specific to ICIS.
- The IFSB has carried out its own survey on ICIS. Its findings are quite consistent with the surveys conducted by the IOSCO on CIS;5 that - regardless of the diverse CIS framework applied in different jurisdictions - they still share many similar governance concerns, such as independence of oversight over CIS operators' conducts and execution of fiduciary duties, transparency in disclosures of material information, etc, In the case of ICIS, the requirement to comply with the Shari’ah not only reinforces the ca for good governance, but also influences the way governance structure and process shall be implemented. Therefore, the IFSB believes that existing applicable international principles in respect of good governance have not been found to contravene or be incompatible. In general, with Shan ah rules and principles. Therefore, we hold the view that rigorous compliance with internationally accepted governance best practice is actually compatible and in line with objectives (maqasid) of the Shari'ah.
1 IFSB3 contains seven guiding principles for strengthening corporate governance of IIFS which complement the existing international corporate governance standards set by the Organisation for Economic Cooperation and Development (OECD) and the Basel Committee on flanking Supervision (BCBS). in addition to reinforcing especially focuses on the protection of investment account holders (I AH) and compliance with Shari’ah rules and principles, which are two Important specificities of IIFS.
2 For example the Accounting and Auditing Organisation of Islamic Financial Institutions (AAOIFI) Financial Accounting Standard No. 14 includes a definition for "investment fund. The Dubai Financial Services Author (DFSA) in its Collective Investment Law 2006 defines "Islamic fund". Meanwhile Banque du Liban in its Basic Circular no. 98 (2005) also defines "Islamic Collective Investment Schemes’',
3 The International Organization of Securities Commissions (IOSCO) has, amongst others, established the Principles of Securities Regulation 17-20 which relate to CIS. known as the CIS Core Principles. The European Council has issued directives on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities, better known as the UCITS Directives.
4 In particular, we have used IFSB-3, the IOSCO Public Documents (IOSCOPD), as well as the UCITS Directives references. Please refer to page 30.
5 See for example. IOSCOPD no 219, Examination of Governance for CIS Part I - Final Report. June 2006 and IOSCOPD no 222. CIS in Emerging Markets. July 2006.
Definition of ICIS
Considering the diverse legal and regulatory framework for ICIS around the world and the rapid introduction of new ICIS products through sophisticated financial engineering and innovation the I FSB faced a major challenge in forming an appropriate definition for ICIS. However, we acknowledge that “independence" of review and oversight as we integrity and transparency, cannot be judged solely based on established as a separate legal entity, nor simply by having its organs of governance from amongst non-executives. What is more important is an effective management of h conflicts, as well as the risks, encountered by the ICIS. Hence, in order miss
the bigger picture, emphasis should be given on whether when the college of several fundamentals elements such as the nature of operation, risk profiles and strategic objectives of the fund's set-up, as well as the nature of relationship between the fund and its investors, a fund can be concluded as an ICIS.
Therefore, for the purpose of this standard, ICIS is defined as “any structured financial scheme which:
(i) Allows a pool of investors to contribute capital to a tad (whether the fund is in a corporate or contractual form) by subscribing to units or shares of equal value. This unit or share represents ownership claims to the assets of the fund (which can be financial or non-financial assets), and entitlement to profits or losses derived from those assets; (ii) are established and managed in accordance with Shari’ ah rules and principles; (iii) may or may not be managed by the institutions that establish / sponsor them; and (iv) are financially independent of the Institutions that establish them, although they may or may not be separate legal entities Amongst others, an ICIS may take the form of: (a) authorised open-ended funds that will redeem their units or shares, whether on continuous basis or periodically; (b) closed-end funds, whether those whose units or shares are tradable (in regulated or unregulated securities market), or untradable; (c) unit investment trust, contractual model and the European UCITS model; (d) an individual fund or as an umbrella fund (multiple compartment funds comprising various sub-funds); or (e) profit-sharing investment account (whether restricted or unrestricted) which fund is pooled in a form of a CIS and whereby each of the investment account holders (IAH) is governed by the same terms and conditions; while still meeting the criteria of (i), (ii) and (iii).
7. However our scope of ICIS shall exclude:
(i) funds which are not pooled in a form of a CIS, such as certain types of investment accounts which are not based on profit-sharing and treated more like capital guaranteed deposits;7 (ii) funds established by Islamic insurance/Takaful operators, as they constitute a different segment of the Islamic financial services industry and will be addressed by the IFSB in separate documents; and (iii) pension funds, as they are arguably a different specie from ordinary CIS. 6 While the definitions of ‘’independence’’ for directors internal auditors and compliance functions, as well as for the SSB, may vary somewhat actors different jurisdictions, and are often reflected in regulations or supervisory standard, the Guiding Principles consider that the key characteristic of independence is the ability to exercise sound judgment after fair consideration of all relevant information and views without undue influence from management or inappropriate or non-interests. The extent to which supervisory authorities establish stringent tests of either independence or non-independence for the respective organs of governments may depend, amongst other things, on the extent to which there is a party or parties who are in a special position to influence the IIFS in an abusive or manipulative manner. See also IFSB-3.
7 This exemplifies how this standard differs from TSB-3 Although I FSB-3 already contains governance principles which cater for the protection of IAH, it has not covered investment accounts which, when we analyse their fundamentals, clearly operate as ICIS in other words. IFSB-3 does not cover investment accounts which have e elements such subscriptions, and tradability of those units (whether in regulated or unregulated securities market), as dealt with in his standard.
Scope of ICIS Governance
- As highlighted by the IOSCO, the operation of CIS potentially entails conflicts between the interests of those who invest in CIS (CIS Investors) and those who organize and operate the CIS (CIS Insiders or CIS Operators)8 It must be borne in mind that the general goal is not to protect investors from suffering any market-driven loss, but rather to enable investors to understand the risks pertaining to investments in specific CIS This would hopefully shield the CIS Investors from any loss due to misleading, manipulative and fraudulent practices, as well as malfeasance or negligence on the part of the CIS Insiders.
- Accordingly, CIS Governance which is described as "a framework for the organization and operation of CIS that seeks to ensure that CIS are organized and operated efficiently and exclusively in the interests of CIS Investors (including both resident and potential investors), and not in the interests of CIS Insiders11 is expected to minimize or otherwise address conflicts of interest and to ensure that the interests of well-Informed investors in CIS are well protected and managed in the best conditions.
In the context of ICIS, good governance should further encompass:
(i) a set of organizational arrangements whereby the actions of the management o CIS Insiders are aligned, as far as possible, with the interests of its stakeholders, including the community (Ummeh), guided by the objectives (maqasid) of the Shari’ah,. (ii) provision of proper incentives for the organs of governance such as the Board of Directors, Shari'ah Supervisory Board (SSB) and management to pursue objectives that are in the interests of the stakeholders and facilitate effective monitoring, thereby encouraging ICIS to use resources more efficiently, and (iii) strict compliance with Shari'ah rules and principles.
The IOSCO recognizes that safe for the minor details, CIS are typically organized under two structures:
(i) Contractual model – whereby the CIS as an investment fund only exist as a trust or contract between the operator and individual investors; and (ii) Corporate model – whereby the CIS takes the form of investment companies, legally registered as corporations.
In certain jurisdictions, there could be fund a CIS which is a hybrid of these two main models, thus the Hybrid Model.
- However, in many of the I FSB member jurisdictions, the IOSCO'S assumptions cannot be applied The IFSB notes that amongst others, in many member countries (although not ail) there barely exists any fiduciary law or trust law, and there is rare presence of independent custodian/trustee corporations, Some countries also do not have laws that recognize the creation of special-purpose vehicle (SPV) companies. SPVs are commonly used amongst international ICIS sponsors as a legal strategy to protect the fund's assets and separate the insolvency risks between the fund itself and its sponsors; however, the lack of legal recognition over SPVs under the insolvency laws of some countries has usually forced ICIS Sponsors to establish such entities in other jurisdictions such as the Bahamas, Cayman Island and British Virgin Islands.
- These have forced many supervisory authorities to form a CIS regime whereby banks play multiple-roles in the operation of the CIS, including sometimes custodian/trustee of the funds' assets. Usually the external auditor will also become the administrator, as additional safeguards to retain investors' confidence.
- Therefore, depending on the structural form, a number of different entities, such as the regulators, investors, sponsors, managers, auditors, broker-dealers, board of directors/governors (BOD), trustees and depositaries, SSB, Self-Regulatory Organizations (SROs) and insurance funds can play a role in the ICIS Governance framework. However, each organ of governance can only be effective if they collectively execute their roles well and recognize the importance of complementing one another, In this respect, ICIS are expected to view compliance with these regulations from a holistic perspective
8 Please refer IOSCOPD-219 Correspondingly in the ICIS set-up, the main potential conflicts would be between the interest of ICIS Investors (which include resident and potential investors) against (CIS Insiders or ICIS operators. For example, ICIS could be subject to the risk that ICIS Operators, although being legally committed to the fiduciary responsibilities of acting on behalf of the best Interests of ICIS Investors, will use the ICIS’s assets for their own again to the detriment of ICIS Investors IGIS Operators could rid themselves Of unattractive securities that they own by dumping them into the ICIS, or CIS Operators could obtain rebates from third parties In connection with transactions for the CIS or could inaccurately value or inflate their assets in order to avoid showing poor performances.
How to use the standard
- This document contains five guiding principles (hereinafter collectively referred to as the Guiding Principles). The Guiding Principles are divided into four parts:
(i) Part I on general governance approach and Part II on transparency of disclosure reinforce the promotion of good governance practices as prescribed in other internationally recognized governance standards. (ii) Part III on compliance with Shari’ah rules and principles addresses various specificities of ICIS which include (a) the process of portfolio screening by ICIS Operators, (b) the role of Shari’ah scholars in monitoring consistent compliance with the Shari'ah, especially through SSBs, and (c) the process of purification (tazkiyyah) of tainted income i.e. income which is contaminated by prohibited (haram) elements; and (iii) Part IV on additional protection for ICIS investors highlights the issues of adequacy of representation for investors in the organs of governance of ICIS, as well as some prevalent practices revealed from the survey which require appropriate oversight, such as the transfers and commingling of funds, as well as smoothing/stabilising of dividend payments in ICIS. - The Guiding Principles provide some examples of current practices that can be considered as best practices; with due recognition that these practices will and should change as markets change and as technology, financial engineering and improved coordination between supervisory authorities make other strategies available. It is not the intent of the Guiding Principles to prescribe every possible control procedure. Instead the IFSB will keep continue to review and revise these recommendations from time to time.
- To help illustrate the governance structure of ICIS based on the different corporate and contractual models of CIS framework set out by the IOSCO, charts of the five ICIS models are included in Appendix I. For further guidance on several ICIS frameworks applied in IFSB member-countries, a list of them is set out in Appendix II. In addition, there are at least 24 lOSCOPDs which have been issued on various aspects relevant to CIS Governance and this is 11st out in Appendix III. Hopefully all these would facilitate supervisory authorities in reviewing and updating their own ICIS Governance requirements.
- With regard to me disclosure requirements to promote belter transparency in ICIS the Guiding principles recommend adoption of the comply or explain “approach, in order to allow the implementation of these Guiding Principles to accommodate the diverse legal framework of the jurisdictions in which the ICIS operates and be commensurate with the size, complexity and nature of each ICIS.9
9 IFSB-3 explains that the “comply or explain” approach builds on the idea of market discipline, whereby stakeholders are empowered to react to unsatisfactory governance arrangements or substandard disclosures (which can be false, substantially incomplete of misleading). The stakeholders’ sanctions may range from reputational damage for the ICIS, to loss of trust in the management – forcing some managers to quit, to legal actions based on contractual terms. Supervisory authorities particularly should have adequate enforcement instruments, from the power directing necessary disclosures, to imposing reprimands and fines to curb deliberate serial non-compliances.
THE GUIDING PRINCIPLES
Part I - General Governance Approach of ICIS
Principle 1: ICIS shall establish a comprehensive governance policy framework which protects the independence and integrity of each organ of governance and set out mechanisms for addressing conflicts of interest.
Structure and Process
- ICIS shall strive for consistent improvement of its governance by establishing a comprehensive governance policy framework which protects the independence and integrity of each organ of governance and set out mechanisms for addressing conflicts of interest. At the core of the comprehensive governance policy, there must be:
(i) continuous adoption of international best practices; and (ii) assurance that the ICIS's highest internal governing body (GB), (whether it takes the form of the BOD, the investment committee, or the management committee, etc ), shall be responsible for steering the establishment of the governance policy framework and overseeing its implementation. Recommended Best Practices
- ICIS shall establish the appropriate code of ethics/code of conducts to be complied by the members of its highest GB as well as its employees. There shall be adequate system in place to monitor compliance with these codes, and to ensure that any misbehaviour or misconducts are swiftly and effectively dealt with. In particular, members of the GB and the ICIS employees shall be required to declare whenever they find themselves in a position of making a decision on behalf of the ICIS but is in direct conflict with their personal interest or interest of parties related to them (like family, etc.). In such cases, it should be mandatory on them to abstain from getting involved in the decision making process.
For each of the organs of governance, the ICIS shall carry out a detailed analysis of the types of conflicts of interest situations that arise in the course of its operation and management. There shall be developed system to check the level of their conflicts of interest and adequate guidance to determine whether they should be:
(i) strictly prohibited from subscribing to the ICIS; (ii) allowed to subscribe to the ICIS but must hold on to their investment (prohibited from disposing) for a specific length of time; or (iii) allowed to subscribe to the ICIS and dispose of their investment at any time but must disclose their transactions/ interests.
This should cover all ICIS Insiders including the sponsors, managers, auditors, broker -dealers, GB, trustees/custodians, depositaries/administrators, as well as the SSB.
- If the ICIS enters into an arrangement to delegate or outsource any of the functions of an organ of governance to external parties, the GB shall take reasonable steps to ensure that it implements and maintains systems and controls to monitor the party carrying out the relevant activity or function This includes a progressive review of the carrying out of the relevant activities or functions, at least every 6 months Immediate action shall be taken to remedy any non-compliance of the terms and conditions of the delegation or outsourcing arrangement, and the supervisory authorities should be notified in case of any major non-compliance.
- As much as possible, the GB shall clearly fortifies the independence and integrity of the ICIS organs of governance through legal, financial and administrative separations. Physical firewalls such as different office premises for each of the ICIS insiders, restriction and controls over market-sensitive information, and progressive independent reviews such as by the auditors, should be useful in creating an atmosphere of strong independence and integrity amongst the ICIS Insiders.
- It would be helpful if the ICIS can establish adequate channels for stakeholders, especially ICIS Investors, to seek clarifications or convey their concerns to the GB. While some jurisdictions require the holding of general meeting of ICIS Investors for these purposes, a more fluid and open system — such as that which allow e-mail inquiries - can be put in place
- Furthermore, the ICIS shall facilitate any ICIS Insiders who wishes to report or highlight incidents of malpractices within the ICIS or otherwise perpetrated by the ICIS. Whistle-blowers", as these informants often called, plays a very important role in checking and stopping ethically or legally wrong practices that can bring the ICIS into trouble and disrepute.
Part II - Transparency in Disclosure
Principle 2: ICIS shall ensure that disclosure of material information is not only done with appropriate accuracy and timeliness, but also presented in an investor-friendly manner.
Structure and Process
- Although generally under the principle of Mudarabah the ICIS Investors as capital owner (rabbul mal) shall not intervene in the management of the investments made on their behalf, it does not mean they should also be deprived from accessing the appropriate information in order to monitor the performance of the ICIS. Without adequate disclosure, it would be difficult for ICIS Investors to even vote with their feet and simply withdraw their investments. It goes without saying that accuracy and timeliness of disclosures play a significant role in ensuring market discipline and efficiency. In this respect, it is the duty of ICIS to present to ICIS Investors with information that appropriately reflects the investment profile of the ICIS, as well as the associated risks.
- Financial reporting is certainly a critical component of good governance. Those overseeing or involved in the financial reporting process have unique responsibilities because financial reporting is a public interest activity.10 As much as shareholders commit their funds to companies relying, in part, on management's representations and on the auditor’s opinion that a particular company's financial statements fairly reflect the financial position, results of operations and cash flows of the company, the same goes to ICIS Investors who bear the risk of losing their capital. If ICIS investors cannot rely on the quality of information provided to them, it would influence their investment decisions. It has always been argued that information asymmetries effectively increase the cost of capital. Past scandals have taught us that when investors question the integrity of financial information, they become risk averse or risk avoiding, often to the detriment of the local economy. This is particularly true of financial institutions. When markets lose confidence in the integrity of financial information or when markets can no longer trust the issuer of financial information, the negative effects can be dramatic.
Therefore, it is only appropriate that ICIS Operators recognise their responsibility to the investors and the markets. This would increase market confidence in ICIS. Some of the key issues for those involved in the financial reporting process may include.
(i) for ICIS managers, they must ensure that the financial statements reflect economic reality and comply with the relevant accounting and reporting standards. This is in the ICIS's best interests - as well as the investors, because transparency has a direct impact on the cost of capital. In fact, while a lack of transparency in the short term may appear to be beneficial, over a longer period it can be very costly.. (ii) for auditors, this means following appropriate auditing standards, acting with competence and integrity and providing a truly independent audit opinion. (iii) for regulators, it means designing sound regulatory mechanisms, assessing compliance with appropriate standards and having effective enforcement mechanisms (iv) for trustees, SSB and other ICIS Insiders, it means ensuring that conflicts of interest are well managed and addressed. It follows that the methods of disclosure can be divided into three categories.
(i) disclosure at the offering stage of the investment (this takes the form of prospectus, placement memorandum, etc.) which is a mixture of integrity disclosure and investment-related disclosure; (ii) progressive disclosure (which takes the form of quarterly reports, semi-annual reports and annual reports); and (iii) timely disclosure (which sometimes may be a non-financial disclosure relating to significant events) that affects the governance evaluation of the ICIS. In addition. ICIS shall include in their disclosure to the supervisory authorities and the ICIS Investors the status of their compliance with this standard in two components:
(i) In the first component, the ICIS shall report how it applies these Guiding Principles. The ICIS may determine by itself the form and content of its disclosure based on their own governance policies in the light of the Guiding Principles, including any special circumstances applying to it which might have led to a particular approach; and (ii) In the second component, the ICIS shall either confirm that it complies with the provisions of these Guiding Principles, or, where it does not so confirm, provide a clear and adequate explanation of the reasons for non-compliance.
Recommended Best Practices
- Emphasis should be given on providing relevant and reliable information that is crucial to the ICIS Investors in understanding and properly evaluating how their investments are managed. This would not be achieved by simply disclosing as much information as possible and inundating the ICIS Investors with tonnes of information, as it will only bring information overload which eventually can confuse and mislead the investors.
It is recommended that ICIS ensures that the disclosure of the following information in all its key documents (such as the prospectus, constitution and annual report):
(i) information about the GB - including Its bylaws, size, membership, selection process, qualifications, other directorships, criteria for Independence, material interests in transaction or matters affecting the ICIS, as well as the senior management (responsibilities, reporting lines, qualifications and experiences); (ii) basic ownership structure - for example, major share ownership and voting rights, beneficial owners, major unitholders’ participation on the board or in senior management positions, unitholders meetings; (iii) organizational structure - for example, general organizational chart, business lines, subsidiaries and affiliates, management committees; (iv) information about the incentive structure of the ICIS - for example, remuneration policies, executive compensation, bonus fees, etc; (v) the ICIS's code or policy of business conduct and/or ethics (including any waivers, if applicable), as well as any applicable governance structures or policies (in particular, the content of any governance code or policy and the process by which it is implemented, as well as a self-assessment by the GB of its performance relative to this code or policy); (vi) the ICIS's policies related to conflict of interest, as well as the nature and extent of transactions with affiliates and related parties (which may be in aggregate form for routine financing facility to employees), including any ICIS matters for which members of the GB or senior management may have material interests either directly, indirectly or on behalf of third parties; and (vii) the financial administration of the ICIS, including methods of profit calculation, asset allocation, investment strategies and mechanics of smoothing the returns (if any, including any changes thereto). It is important to ensure that information is readily available in a comparable, understandable, readable and reliable form, so that it is easily accessible not only by ICIS Investors, but by information intermediaries for consumers such as the media, financial advisers and consumer associations. The information intermediaries are likely to use the information to draw attention to good and bad features more effectively than consumers would typically be able to do for themselves. This process would be helped by:
(i) standardization of terms and language; (ii) comparable measures of, or ways of explaining, charges, risks, profit calculation, asset allocation, investment strategies and mechanics of smoothing the returns (if any); and (iii) easy access to such information11. - In recent times, specialized software has been developed that allows ICIS investment managers and SSB to track portfolios with ease. Such software, when connected to the Internet, will also provide real time access to portfolios, as well as a host of third party information. As far as possible, ICIS should ensure that it updates its information and data facility to facilitate more efficient dissemination of information to the relevant stakeholders, including the ICIS Investors.
10 Ian Ball, "Enhancing Transparency and Market Discipline in the Islamic Financial Services Industry", International Federation of Accountants, May 2004
11 For example. In Malaysia and Saudi Arabia, in addition to monthly and quarterly Investment statements sent to the investors. they can also check the performance of their investment in the ICIS by accessing the web site of Bursa Malaysia (kise.com.my) and Tadawul stock market (wwW.tadawul.com.sa). Most of the ICIS are listed there, and it contains useful information for investors and researchers, including update on any changes to the fund based on the terms and conditions of the ICIS. as well as the unit price of the fund on the day of valuation whether on daily, weekly, biweekly or monthly basis Similar information is widely available in the daily news papers.
Part III - Compliance with Shari'ah Rules and Principles
Principle 3: IIF shall have in place an appropriate mechanism for monitoring ex-ante and ex-post Shari'ah compliance.
Structure and Process
- Considering that the offering of any ICIS is fundamentally underlined by its promise to be in strict compliance with Shari'ah rules and principles, it would be incomprehensible for any ICIS to operate without Shari'ah supervision of any sort. Although according to the survey conducted by the IFSB, the majority of ICIS do have SSB either in the form of a panel comprising several members or an individual adviser, unfortunately there are still ICIS which takes for granted the importance of establishing appropriate mechanisms for monitoring both ex-ante and ex-post Shari'ah compliance by the ICIS.
- A particular aspect of Shari'ah compliance, which still appears to be generally lacking amongst ICIS is the conduct of external ex-post Shari'ah compliance reviews. In its survey, the IFSB found that only a small minority of the IIF have external ex-post Shari'ah compliance reviews. The GB of ICIS should use their best efforts in ensuring that the external auditors are capable of accommodating ex-post Shari’ah compliance reviews (relying - where appropriate - on work carried out by internal auditors/Shari’ah reviewers) within their terms of reference. Where possible, the GB and the internal auditor/Shari’ah reviewer shall work closely with the external auditors to enhance the external auditors' capabilities for conducting such Shari'ah compliance reviews as part of their audits. Meanwhile, the IFSB survey also indicates that a majority of the ICIS do have internal Shari'ah compliance reviews; however, there is a need to ensure that these reviews are conducted by competent and adequately trained internal auditors/Shan'ah reviewers, which is still a rarity at the moment.
Inevitably, in order to strengthen its Shari’ah governance structure, an ICIS shall have appropriate functions that cater for:
(i) the role of Shari'ah scholars to monitor consistent compliance with the Shari’ah, especially through SSBs; (ii) the process of portfolio screening to ensure its investment portfolios remain within Shari’ah-permissible assets/projects; and (iii) the process of purification(tazkiyyah) of tainted income, whereby income which is contaminated by prohibited (haram) elements is removed from the ICIS.
These mechanisms through which the ICIS ensures its compliance with Shari’ah rules and principles shall be made publicly available through appropriate publication and communication channels.
Recommended Best Practices
- As highlighted in Appendix II, certain jurisdictions have included specific requirements for ICIS to establish SSB in order to ensure adequate monitoring of compliance with the Shari'ah12 On the other hand, most other jurisdictions leave this to the ICIS themselves and the market forces. As rightly assumed, the presence of SSB lends credibility to an ICIS, and it would be difficult for the ICIS to promote itself if cannot show to potential investors how would it deal with Shari’ah issues that arises from time to time.
- Ideally, the SSB shall be comprised of three or more Shari'ah scholars who are well versed in Islamic jurisprudence and, in particular, on how Shari’ah rules and principles can be applied to modern financial transactions. Where the ICIS Operator is itself an Islamic institution, that institution may appoint its existing internal SSB to review the transaction, or alternatively it may appoint a group of scholars recommended by one o their advisors. However, regardless of how the SBB is appointed, it is important for them to be totally independent of the originator and act in the interest of the ICIS Investors.13
Following issuance of the ICIS share/unit certificates, the SSB should undertake a periodic review of the activities of the ICIS Operator and investment manager to ensure that the investment portfolio continues to be Shari'ah-compliant. The actual role of the SSB will vary from one ICIS to another, but in addition to the critical portfolio selection approvals as noted above, other roles may include:
(i) the study of the offering memorandum, constitutional documents, and any major agreements controlling the relationship between the functionaries of the structure;... (ii) giving general advice to the operator/manager regarding compliance with Shari'ah; and (iii) advising on the use of instruments and techniques for efficient cash management and their compliance with the principles of Shari’ah.14 - It is noted that ethics binding the ICIS can be highly subjective and not easily quantified. In considering issues of this nature, it is important that the SSB works closely with the GB and the ICIS management on policies and guidelines that will adequately cover these issues. Islamic investing has much in common with the modern forms of investing known as ethical investing, socially responsible investing, faith investing, and green investing. Each of these investment sectors, or subsectors, has much of value to contribute, and each has something in common with the teachings of Islam. It is therefore important or SSB to keep abreast of what is happening in these areas.
- The fact also remains that the industry still largely suffers from a shortage of well qualified Shari’ah scholars to sit in SSBs. Often those who are well-versed in knowledge of Shari'ah rules and principles, are not necessarily well-acquainted with modern finance. Likewise, who are well-versed in the latter are not necessarily knowledgeable in the Shari’ah. This has forced some ICIS to find other ways to see to the Shari'ah supervision of their businesses. For example, some funds have retained the* services of a single SharT’ah supervisor, who is assigned to track an Islamic index. Obviously, such an index fund will require less Shari’ah supervision for its portfolio than an actively managed portfolio, because its investable universe will already have been screened by the SSB of the index provider. Another way that an Islamic fund may ensure Shari'ah supervision without retaining the services of a SSB is for it to appoint a Shari'ah scholar to its GB.16 There the scholar may either chair a subcommittee or work alone to supervise the ICIS for Shari'ah compliance and oversee the other Shari'ah-related matters. However undeniably the presence of a full panel of SSB would be more assuring to investors and quite possibly more effective.
- Notwithstanding this, ICIS shall have in place an appropriate mechanism for consistent screening of their investment portfolios to ensure they conform to Shan ah rules and principles. While Islamic indexes can be used to facilitate the portfolio selection by fund managers and as benchmarks to monitor the performance of Shari’ah-compliant securities across the stock exchanges, similar services are hardly available for non-securitised portfolios such as commodities and projects. The same could be said about private equities, such as in start-up companies which have often been evaluated by venture capital funds Hence, it is pertinent for each ICIS to consider having its own internal screening process as well as appropriate benchmarking mechanisms, especially when it holds portfolios other than securities approved by Islamic indexes. The mechanisms should be made transparent to the potential investors in order to help him make an informed decision before participating in the ICIS and the SSB shall be vigilant in alerting the ICIS on any part of the portfolios that has become non-compliant.
- Realizing the volatility of the stock market and the domination of riba-based conventional financial system in the market, sometimes ICIS cannot avoid from receiving income which is tainted with non-halal (impermissible) activities or syubhah (ambiguous) sources. This is exemplified by the investment in the equity of certain corporations which have earlier been considered halal but over a duration of time became non-hal3l as the corporation transcend certain boundaries of the Shari’ah. Sometimes such cases happen following the merger and acquisition of corporate entities. Therefore, ICIS shall have put in place appropriate mechanisms for removal of income and profit derived from such non-halaI or syubhah sources before distributing the purified profit to the investors. The common practice has been to donate or forsake the tainted income to charity under direct supervision of the SSB. In surrendering non-halal income/profits, it might be appropriate for ICIS to consider certain implications vis-a-vis its wider obligations under anti-money laundering (AML) laws.
- In this regard, the ICIS auditors need to have full awareness and adequate access to information relating to purification process, in order to ensure appropriate checks on the liquidation of the ICIS’ assets, and the justification for separating its earnings. Hence, there should be established a smooth relationship between the SSB and the auditor.
- For internal Shari’ah compliance reviews, the SSB or Shari’ah scholars of ICIS shall work together with either a separate Shari’ah control department or the designated internal auditors/Shari’ah reviewers. This would enable the SSB or Shari’ah scholars to advise the Sharfah control department or designated internal auditor/Shari’ah reviewers on the scope of audit/reviews required. As the Shari’ah control department or designated internal auditors/Shari’ah reviewers shall be responsible for producing the internal Shari’ah compliance reports, they shall acquire the relevant and appropriate training to enhance their Shari’ah compliance review skills.
- For external Shari’ah compliance reviews, the Audit Committee shall ensure as far as possible that the external auditors are capable of conducting, and do conduct, ex post Shari’ah compliance reviews within their terms of reference.
12For example, this is the requirement in Bahrain, Brunei International Financial Centre, Dubai International Financial Centre, Lebanon, Malaysia and Qatar Financial Centre. In the case of DIFC and Malaysia, the regulations also set out some rules regarding the size, independence and changes in the SSB.
13Amongst the supervisory authorities who have specific regulations for SSB I this respect is the securities commission of Malaysia. Under Para 6.04 of its Guidelines on Unit Trust Fund it is required that the SSB appointed must at least be three persons qualified in the Islamic financial jurisprudence (Fiqh muamalat), independent from the fund management and are registered with the Commission.
14 Trevor Norman, “Securitisation Structures within an Islamic Framework”, International Securitisation Report, July 2005.
15For example, the Dow Jones Islamic Index, the FTSE Global Islamic Index and the Bursa Malaysia Islamic index
16For example, in Malaysia, in addition to the SSB. IIF operators are required to have at least two Muslim members on their board of directors
Part IV - Additional Protection for ICIS Investors
Principle 4.1
ICIS shall ensure any transfer or commingling of its assets with another ICIS shall be carried out with on terms and conditions that preserves the ICIS s Investors interest, and always supported by appropriate and objective valuations.
Structure and Process
- ICIS operators and managers sometimes shuffle and commingle funds and assets between separate ICIS under their management, especially to create an image strong performance for all the funds managed by them Although it is recognized that this practice is not peculiar to ICIS, it is important to ensure that the objective of securities regulation i.e. the prevention of misleading, manipulative and fraudulent practices by IClS Insiders is appropriately observed. Bearing in mind that under the principle of Mudarabah and Wakalah the ICIS Insiders could be bound by specific mandates and instructions, adequate oversight should be put in place in order to protect ICIS Investors from malfeasance or negligence on the part of the ICIS Insiders.
Recommended Best Practices
- ICIS Operator must ensure that any transaction in respect of the ICIS's assets, especially those undertaken with a related party (including another ICIS under the same operator or manager), is conducted on terms at least as favourable to the ICIS as any comparable arrangement on normal commercial terms negotiated at arm's length with an independent third party Any such transactions shall be carried out upon request or consent from the ICIS Investors themselves. Wherever it has been disclosed in the offering documents that the transferring and commingling between sister-ICIS will be a feature of the any such transactions shall at least be reported to the GB and the SSB, and shall proceed only upon their approvals.
- The ICIS Operator shall satisfy themselves that a competent valuer is assigned to evaluate and appraise the ICIS's assets, as well as to calculate the net tangible asset (NAV) of the ICIS. Reasonable care shall be exercised to ensure that the valuer has carried out his duties in an objective manner. Where possible, the valuer shall be of highest expertise in the relevant market of assets being assessed. Although the valuer may no! be legally independent from the ICIS Operator, there shall be adequate independence in terms of functions and reporting structure between the valuer and the ICIS Operator Alternatively, the valuation report can be verified by an independent party such as the ICIS administrator, trustee/custodian or auditor.
- The ICIS Operator should seek assurance that the valuation system is robust and will produce accurate results. Periodic review of the outputs from the system shall be carried out at least annually (depending on the type of assets), and on any significant system change
Principle 4.2
IIF shall be transparent in the imposition of any fees, creation of any reserves and the smoothing of any dividend payments.
Structure and Process
- One of the most common abuses by fund operator/manager is the imposition of hidden fees that cost the investors a lot Often, the fund operator/manager would gain lucrative amount from their manipulation of fee calculation, even times when the fund itself is tar from performing.
- Meanwhile, some ICIS adopt the practice of smoothing/stabilising returns from the funds, whereby the return within periods of bad or weak performance, is cushioned by returns during good and strong periods. This is often done through the creation of Profit Equalisation Reserves (PER). Arguably, this practice may be seen as a good governance practice for the ICIS investors as it buffers them from a weak market. However, a closer look reveals complicated governance issues. For example, such practices may create a false and misleading impression to investors and the market that an ICIS has been performing well. This might well result in some investors being misled and allegations of market abuse and manipulation. There are also issues of accuracy in accounting and financial disclosure. The fact that there is no regulated process on how PER can be utilised certainly makes it a subject of potential abuse and misappropriation. Reference should be made to IFSB-3 on how this issue should be addressed.
Recommended Best Practices
- Full, accurate and timely information on fees and expenses should be disclosed in a way that allows ICIS Investors to make informed decisions about whether they wish to invest in a fund and thereby accept a particular level of costs. This includes disclosure in the offering documents as well as periodic reports. The disclosure should enable investors to understand what fees and expenses are charged and the cost structure (e.g. the management fee, operational costs such as custody fees) of the ICIS. It should describe the fees and expenses actually paid on a historical basis, and may also describe the fees and expenses likely to be paid on an anticipated basis. Information on fees and expenses should enable investors to compare costs between ICIS.
- A performance fee, if imposed, should not create an incentive for the ICIS Operator to take excessive risks in the hope of increasing its performance fee. For example, there is a greater likelihood that the performance fee will create an incentive to take excessive risks if the management fee is set at a very low level, below the actual management costs, and the ICIS Operator relies on a high performance fee to recover its management costs. If such an incentive cannot be avoided, it should be identified and minimized.
A performance fee should be consistent with the fund's investment objectives and should not create an incentive for the operator to take excessive risks and should not deny investors an adequate remuneration of the return from the risks taken on their behalf and previously accepted The following items should be unambiguously determined:
(i) how the performance of the fund will be assessed (over what timeframe, including or excluding subscription/redemption fees, etc.), (ii) what benchmark reference that the performance will be compared to. This reference must be verifiable and provided by an independent party; and (iii) what the calculation formula will be (including the description of the methods used to offset gains with past losses, if applicable).
A performance fee should not result in a breach of the principle of equality of ICIS Investors.
- ICIS shall further create practices, procedures and entitlements that adequately address any undesirable ambiguity in the smoothing of any dividend payment. This call for appropriate transparency in the method and manner of which the PER will be created and utilized Adequate disclosure shall be produced in through the offering documents as well as periodic reports.
DEFINITIONS
The following definitions are intended to give readers a general understanding of the terms used in this document. It is by no means an exhaustive list.
Islamic collective investment scheme (ICIS) Please refer to page 2, Investment risk reserve (IRR) IRR is the amount appropriated by the ICIS out of the income of ICIS Investors, after allocating the Mudarib’s share, in order to cushion against future investment losses for ICIS Investors. Mudarabah A Mudarabah is a contract between the capital provider and a skilled entrepreneur whereby the capital provider would contribute capital to an enterprise or activity, which is to be managed by the entrepreneur as the Mudarib (or labour provider). Profits generated by that enterprise or activity are shared in accordance with the terms of the Mudarabah agreement, whilst losses are to be borne solely by the capital provider unless they are due to the Mudarib’s misconduct, negligence or breach of contracted terms. Profit equalization reserve (PER) PER is the amount appropriated by the ICIS out of the Mudarabah income, before allocating the Mudarib’s share, in order to maintain a certain level of return on investment for ICIS Investors and to increase owners' equity. Restricted investment account The accountholders authorize the IIFS to invest their funds based on Mudarabah or agency contracts with certain restrictions as to where, how and for what purpose these funds are to be invested. Stakeholders Those with vested interest in the well-being of ICIS, including:
(i) employees; (ii) customers (including IAH and normal depositors); (iii) suppliers; (iv) the community (particularly the Muslim ummah); and (v) supervisors and governments, based on the unique role of ICIS in national and local economies and financial systems. Unrestricted investment accounts The accountholders authorize the ICIS to invest their funds based on Mudarabah or Wakalah (agency) contracts without laying any restriction. The ICIS sometimes commingle these funds with their own funds and invest them in a pooled portfolio. Financing Facilities Program, with the Object of Supporting and Financing Small and Medium Size Establishments
SAMA has received the letter of HE the Minister of Finance and National Economy No. 27/8673 dated 15-12-1412H saying that the Islamic Development Bank, in its efforts to encourage national development financing institutions in its member states, has established a Financing Facilities Program, with the object of supporting and financing small and medium size establishments and projects in the member states, specially private sector projects, by participating in capital or leasing or term sales contracts.
Following is a brief overview of the Program:
Pursuant to the Facilities Program Regulations, the Islamic Bank participates in up to one third of the shares in the capital of the project. With regard to lease and term contracts, the Bank will finance the purchase of equipment and other production assets of the project, whether new or under expansion.
To benefit from financing under this Program, an application must be submitted to the Governor in the member state (the Ministry of Finance and National Economy in the case of the Kingdom) after preparing a feasibility study of the project to be financed. The application is then submitted to the Bank which will decide the amount of financing at its own discretion.
The minimum participation of the Bank in the capital of the project or in lease or term contracts is 100,00 Islamic Dinars (about SR 513,000) and the maximum is 2 million Dinars (about SR 10,250, 000). Under the participation in shareholding the bank becomes a shareholder in the project or company capital. But in the case of lease contracts, the Bank takes over the assets to be leased and will then lease them to the company (the lessee) until the lease period expires, at which time the Bank will transfer the title of these assets to the lessee after the payment of the last lease installment. In case of term sales contract, the title to the assets will be transferred to the lessee after the payment of the last lease installment and the title to the assets will be transferred to the beneficiary upon receiving same).
It is possible under this Program to finance projects through one or more of the available financing schemes.
The Bank usually finances the purchase of new equipment for industrial, agro-industrial and infra structure projects, and the purchase of vessels and transportation means that realize revenues in the private sector, provided the project is technically sound, economically viable and financially profitable.
The repayment period in the case of lease and term contracts is 10 years as a maximum, including the period of the project execution during 3 years as a maximum. In special cases, such as infra structure projects the period may be extended to 12 years for term sales projects.
The profit margin in lease and term contracts ranges from 8-9%, with a discount of 15% of the profit margin if repayment is made according to the agreed schedule.
Bank guarantees will be requested for each facility for lease and term sales contracts.
Hence, we would like you to get your clients acquainted with this Program by the Islamic Development Bank in view of the financing facilities that may benefit the private sector in the Kingdom.
Follow Up and Promote the Status of Saudi Employment in Banks
In our desire to follow up and promote the status of Saudi employment in banks and to measure the improved results realized in this regard, in addition to following up on jobs related to financial imprests and currency,
SAMA would like you fill out the attached 10 Forms regularly at the end of June and December of each year and deliver them to us within 2 weeks from the date of the statements at the latest. We also would like you to appoint a coordinator who can be regularly contacted by the Saudi Units - Banking Examiners at Saudi Central Bank regarding all data required above as of 30-6-1993 A.D.
FORM No. (1)
NAME OF BANK:
NUMBER OF BANK EMPLOYEES ON 30-06-199 A.D. / 31-12-199 A.D.
SAUDIS
NON-SAUDIS
TOTAL
NUMBER
%
NUMBER
%
NAME:
SIGNATURE:
FORM No. (2)
NAME OF BANK:
NUMBER OF SAUDI/NON-SAUDI EMPLOYEES NEWLY APPOINTED/LEFTWORK FROM 1-1-199_ TO 30-6-199_ A.D. / 1-7-199 _ TO 31-12-199 _ A.D.
NUMBER OF NEWLYAPPOINTED SAUDIS NUMBER OF SAUDI EMPLOYEES WHO LEFT WORK NUMBER OF NEWLY APPOINTED NON-SAUDIS NUMBER OF NON-SAUDI EMPLIYEES WHO LEFT WORK NAME:
SIGNATURE:
NAME OF BANK: FORM No. (3)
STATEMENT OF SENIOR JOBS* OCCUPIED BY SAUDIS AS OF 30-6-199 _ A.D. / 31-12-199 _ A.D.
No.K, JOB TITLE GRADE NAME OF JOB HOLDER DATE OF APPOINTMENT ACADEMIC LEVEL DATE OF OCCUPYING JOB PREVIOUS
JOB
*SENIOR JOBS SHALL BE DETERMINED BY THE CRITICAL FOLLOWED BY THE AND NAME:
SHOULD APPEAR IN THE STATEMENTSIGNATURE:
FORM No. (4)
NAME OF BANK:……………………………………..
SENIOR* JOBS OCCUPIED BY NON-SAUDIS ON 30-6-199 _A.D. / 31-12-199 _A.D.
No. JOB TITLE GRADE NAME OF JOB HOLDER DATE OF appointment ACADEMIC LEVEL DATE OF OCCUPYING JOB PREVIOUS JOB * SENIOR JOBS SHALL BE DETERMINED BY THE CRITERIA FOLLOWED BY THE BANK AND MUST BE MENTIONED IN THE STATEMENT
NAME:
SIGNATURE:
FORM No. (5)
NAME OF BANK:
STATEMENT OF SENIOR JOB*HOLDERS WHO HAVE LEFT WORK/JOINED BANK FORM: 1-1-199 _TO 30-6-199 _A.D. / 1-7-199 _TO 31-12-199 _A. D.
No. NAME OF EMPLOYEE WHO LEFT WORK NATIONALITY JOB TITLE GRADE YEAR OF SERVICE REASON FOR LEAVING NAME OF PRESNTLY HOLDER OF JOB NATIONALITY QUALIFICATIONS * SENIOR POSITIONS SHALL BE DETERMINED BY THE CRITERIA FOLLOWED BY THE BANK, AND SHALL BE MENTIONED IN THE STATEMENT.
NAME:
SIGNATURE:
FORM (6)
NAME OF BANK:
STATEMENT OF TRAINEES AT THE BANK
NUMBER OF EMPLOYEES TRAINED DURING THE PERIOD 1-1 199 TO 30-6-199 A.D. / 1-7-199 TO 31-12-199 A.D. NUMBER OF EMPLOYEES THAT ARE EXPECTED TO BE TRAINED IN THE FOLLOWING SIX - MONTH PERIOD PLACE OF TRAINING COURSE SAUDIS NON-SAUDIS TOTAL PLACE OF TRAINING COURSE SAUDIS NON-SAUDIS TOTAL NUMBER % % NUMBER NUMBER % NUMBER % INTERNALLY INTERNALLY EXTERNALLY EXTERNALLY TOTAL TOTAL NAME:
SIGNATURE:
FORM No. (7)
NAME OF BANK:
COST OF EMPLOYEES AND TRAINING DURING THE SIX - MIONTH PERIOD COVERED BY THE STATEMENT 1-1-199_TO 30-6-199 _A.D. / 1-7-199 _TO 31-12-199 _A.D.
STATEMENT PRESENT ACTUAL COURSE
EXPECTED AT THE END OF NEXT COURSE
YEAR
TOTAL COST OF EMPLOYEES SAUDIS
NON-SAUDIS
TOTAL COST OF TRAINING
SAUDIS
NON-SAUDIS
NOTE:
(COST OF EMPLOYEES INCLUDE SALARY – RELATED ADDITIONS, BENEFITS AND COMPENSATIONS - DEFINE)
(TRAINING COST INCLUDES LIVING EXPENSES, TRANSPORT, TRAINING – RELATED ADDITIONS AND COMPENSATIONS, IN ADDITION TO THE COST OF THE TRAINING SECTION SUCH AS FACILITIES AND HUMAN AND FINANCIAL RESOURCES)
NAME:
SIGNATURE:
FORM No. (8)
NAME OF BANK :
NUMBER OF SAUDIS AND NON-SAUDIS THAT WERE TRAINED IN THE FOLLOWING TRAINING PROGRAMS DURING THE PERIOD
_1-1-199 _TO 30-6-199 _ A.D. 1 -7-199 _ TO 31 -12-199 A.D.
KIND OF PROGRAM YEAR SAUDIS NON-SAUDIS HIGHER MANAGEMENT ACCOUNTING AND CREDITS TREASURY AND INVESTMENT BNKING OPERATIONS TECHNOLOGY MARKETING & SALES SUPERVISION AND ADMINISTRATION VARIOUS COURSES OTHERS - DEFINE NAME:
SSIGNATURE:
FORM No. (9)
NAME OF BANK :
DISTRIBUTION OF SAUDI TRAINEES ON THREE TRAINING COURSES
TYPE PROGRAM THREE MOST IMPORTANT COURSES NUMBER OF SAUDI TRAINEES
LAST 6 MONTHS EXPECTED IN COMING 6 MONTHS HIGHER MANAGEMENT ACCOUNTING AND CREDITS TREASURY AND INVESTMENT BNKING OPERATIONS TECHNOLOGY MARKETING & SALES SUPERVISION AND ADMINISTRATION OTHERS - DEFINE NAME:
SIGNATURE:
FORM (10-1)
NAME OF BANK: DATE OF INFORMATION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY TYPE: CASHIERS, COUNTERS
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-2)
NAME OF BANK: DATE OF INFORMANTION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY TYPE: MANAGERS WHO CARRY SECRET NUMBERS AND CODES OF COFFERS CHECKS AND THE LIKE
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-3)
Name of BANK: DATE OF INFORMATION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY: MEMBERS OF DRAFT DEPARTMENTS AND SECTIONS (BRANCHES - REGIONAL - GENERAL)
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-4)
NAME OF BANK: DATE OF INFORMATION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY TYPE: THOSE IN CHARGE OF TRANSPORTING MONEY FR0M BRANCHES, DEPARTMENTS (GENERAL, REGIONAL) AND SAMA, IF ANY
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-5)
NAME OF BANK: DATE OF INFORMATION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY: THOSE IN CHARGE OF FEEDING, TRACKING AND MAINTAINING ATMs
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-6)
NAME OF BANK: DATE OF INFORMANTION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY: THOSE IN CHARGE OF PAYING THE SALARIES OF GOVERNMENT EMPLOYEES
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-7)
NAME OF BANK: DATE OF INFORMANTION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY: EMPLOYEES OF SWIFT
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE
FORM (10-8)
NAME OF BANK: DATE OF INFORMANTION:
SUBJECT: JOBS RELATED TO FINANCIAL IMPRESTS AND CURRENCY
CATEGORY: OTHERS
No.
NAME
NATIONALITY
JOB TITLE
ACADEMIC QUALIFICATIONS
DATE OF EMPLOYMENT
WORK LOCATION
SAUDIS
OTHERS
NAME:
SIGNATURE:
Identifying the Buyer in the Monthly Statement Submitted to the Saudi Central Bank Regarding Foreign Currency Sales and Purchases
Reference our circular BC/276 dated 8-7-1412 H regarding the forms used by banks for transfers and deposits, we wish to inform you that the identity of the purchaser should be defined in the monthly statement No. 4, item 10, which is submitted to Saudi Central bank in connection with the purchase and sale of foreign currency as follows:
10- Customers foreign travel
10-1 Saudis
10-2 Non-Saudis
Please be informed and acknowledge receipt.
Increase in Theft Incidents from Bank Clients' Vehicles Located in Bank Parking Lots and Commercial Markets
It has been lately noticed that an increasing number of cars owned by bank clients are being stolen while parked in the parking lots of banks and commercial markets. The criminals track their victims when they go in to withdraw money and when they leave. Accomplices inside the bank will be watching the client and then he will be chased and rubbed at the first convenient opportunity.
We would like you to urge security guards inside and outside your branches to be always on the alert and to notify security authorities (Police Operations 999) of any suspicious person, his car number and descriptions to take swift security measures to put an end to such crimes.
Intended Explanation of Private Bank Document as Referred in Article # 4 of Anti-Counterfeiting Rules
No: 201000000158 Date(g): 22/6/1999 | Date(h): 9/3/1420 Translated Document
SAMA has received a letter from His Excellency the Minister of Finance and National Economy No. 9890/3 dated 5/9/1419H, referring to a letter from His Excellency the Chairman of the Oversight and Investigation Commission No. 136/Kh dated 1/9/1419H, requesting clarification on the term "Bank-Related Documents" as mentioned in Article 4 of the Anti-Forgery Law.
Accordingly, SAMA addressed His Excellency the Minister of Finance and National Economy in a letter No. 2105 MD/MA dated 20/11/1419H, clarifying that the legislator of the Anti-Forgery Law*, by using the phrase "Bank-Related Documents" in the plural form at the beginning of Article 4, intended to cover all documents bearing the name and logo of a bank, which are assumed to be issued exclusively by a bank and enable the holder to transact financially with the bank, whether through withdrawal or deposit. This includes credit cards of all types and ATM cards, as they hold financial value. By broadening the scope of protection, the legislator aimed to safeguard Bank-Related Documents due to their high financial value, as these documents can facilitate the withdrawal of funds from banks. For this reason, legal protection was established for such documents.
SAMA also informed His Excellency the President of the Board of Grievances of this matter and enclosed to His Excellency the two attached statements, Statement No. (1), which clarifies (without limitation) the intended Bank-Related Documents and Statement No. (2), which clarifies the documents intended for commercial papers and securities stipulated in Article 7, which were previously prepared by the working group formed from the banks and SAMA, and as SAMA indicated in its communication that it is ready to answer any inquiry regarding any document not covered by Statement No. (1) as it may be covered by other banking products in the future.
*The Penal Code for Forgery Offences (Royal Decree No. M/11, dated 18/02/1435H) replaced the Anti-Forgery Law (Royal Decree No. M/114, dated 26/11/1380H).
Statement No. (1)
Statement on the Meaning of Bank-Related Documents Mentioned in Article 4 of the Anti-Forgery Law
The bank-related documents referred to in Article 4 are those documents that resemble currency in their characteristics. They are also documents used by banks that include the bank's name, stamps, and signatures of its officials, and carry an official binding nature.
Or This documents that establish an immediate or financial value for or against the bank arising from contractual obligations resulting from the bank's credit transactions with third parties. Examples include, but are not limited to, the following:
1- Traveler's checks:
All types of local and foreign checks, whether he forged the entire traveler's check or forged the signature of the owner.
2- Debit Cards:
Issued by the Saudi Network, these cards are issued by local banks to customers and require a sufficient balance in the account during any ATM withdrawal with a daily maximum withdrawal limit or POS purchase with a daily maximum purchase limit, and the value of the transaction is deducted directly from the customer's account when the transaction is made.
These cards can be used through the networks of some international organizations that are accepted by the Saudi network, such as the Visa and MasterCard networks bearing the Visa Plus, Cirrus and Electron logos.
3- Credit Cards:
All types of Visa Card, MasterCard and American Express are cards that are given to bank customers and others for an annual subscription fee that customers use for payment purposes when purchasing goods or services, and payment is made to the issuing bank during a subsequent period of time, and it is not required that these cards or the customers issued to them have balances or accounts in banks.
- Cash deposit slips.
- Check deposit slips.
- Miscellaneous deposit slips.
- Letter of Credit.
- Documents related to the letter of credit (notice of acceptance of bills of lading, notice of payment to correspondents, bills of lading receivable, notice of debit to the customer for a letter of credit).
- Shipping documents contained on documentary credits (bills of lading whose ownership is transferred by endorsement, marine insurance policies, contracts for the transportation of goods by air or sea, and related commercial invoice originals).
- Letters of guarantee of all kinds (initial, advance payment, final/advance, temporary or permanent insurance, good performance, maritime, enhancement of the external letter of guarantee)
- Release of a letter of guarantee.
- Certificates and declarations issued by banks to third parties for balances or financial positions of customers or other transactions.
- Certificates of deposit of the capital of companies under incorporation with banks.
- Remittance issued by correspondents.
- Credit the value of a draft issued on the account.
- Credit the value of an incoming transfer into the account.
- Internal transfer request to the Treasury Department.
- Credit the value of traveler's checks.
- Deposit of securities.
- Automated checks drawn on correspondents.
- Bank checks drawn on correspondents
- Automated checks drawn on the Treasury in Riyals.
- Savings/manual deposit book.
- Receipt of deposit.
- Inventory of bank vaults.
- Collect from... to account for discounted notes.
- Pay to... for discounted notes.
- Negotiable bank certificates of deposit.
Statement No. (2)
Statement on the Financial and Commercial Papers and Instruments Mentioned in Article 7 of the Anti-Forgery Law
1- Commercial Papers: 1/1- Bill of Exchange. 2/1- Promissory Notes. 3/1- Check (Personal, Counter, Bank, Personal Payment Orders 2- Financial Papers and Instruments 2/1- Shares of Joint-Stock Companies and Exchange of Deposited Shares with Others 2/2- Bonds in the comprehensive sense, whose ownership is transferred in accordance with the rules established for their circulation, including by transfer (for those issued outside the Kingdom) or by registration in the shareholders' register in accordance with the Saudi Companies Law, including promissory notes. 2/3- Government bonds. Licensed Private Institutes and Centers Engaging in Training Activities
This section is currently available only in Arabic, please click here to read the Arabic version.Limits on Credit Exposure to Non-Bank Counterparties and Banks and Financial Institutions Extension of Business Days to Include Saturdays to Provide Subsidized Real Estate Finance Products
Article 8 of the Banking Control Law limits the exposure of a Saudi Bank to any natural or juristic counterparty to 25% of its paid up Capital and Reserves. This limit can be raised to 50% by SAMA in the public interest. A 1987 Circular (No. 2662/M/A/24 dated 15 September 1987) issued by the Agency provided further guidance to the Saudi Banks by defining such terms as credit exposure, related counterparties etc. These limits, however, did not apply to credit exposures with domestic and foreign banks and with the Government of Saudi Arabia. Also Article 9 of the Banking Control Law specifies the legal requirements for credit exposures to connected parties and a Circular dated 15 September 1987 (No. 2647/M/A/23) provided detailed guidance.
The purpose of this Circular is to update and revise the 1987 rules in light of recent developments in international supervisory practices and to reflect the decisions made by the GCC Governors in 1993 to harmonize the GCC rules in this area. Further more, these rules now also encompass limits on exposure to foreign banks and financial institutions. Guidance on the definitions and interpretations of some key terms included in the rules are attached as Appendix 1 to this Circular.
The Agency requires Saudi Banks to establish a written policy for large credit exposures to customers, banks, countries, and economic sectors to be approved by its Board of Directors. Significant changes to the established policies should be drawn to the attention of the Agency and discussed prior to their implementation.
The Agency expects Saudi Banks to follow prudent lending policies. Notwithstanding the legal lending limit of 25% of capital and reserves the Agency believes that a single credit exposure should not exceed 15%. The Agency expects banks to carefully monitor all large credit exposures and has introduced a monthly prudential return to report all credit exposures in excess of 10% of their capital and reserves.
2.Limits on Credit Exposures to Non-bank Counterparties :
2.1 In accordance with Article 8 of the Banking Control Law, the Agency shall continue to apply a limit of 25% of Capital and Reserves of a bank for credit exposure to a non-bank counterparty or to a group of related counter-parties. The Agency can in the public interest, increase this limit to 50%. The definition of a Credit Exposure and a Group of Related Counterparties is given under item 1 and 2 of Appendix 1.
2.2 Credit exposures to Saudi Government and quasi government institutions are not subject to these limits.
2.3 Credit exposures to the GCC and OECD central banks and central governments are not subject to these limits.
2.4 A bank is prohibited under Article 9 (1) of the Banking Control Law to extend any credit on security of its own shares.
3.Limits on Lending to Connected Non-bank Counterparties :
The definition of connected counter-parties is included under item 5 in Appendix 1.
3.1 A single exposure to a connected non-bank counter-party shall not exceed 10% of Capital and Reserves. A cumulative limit on all such exposures shall be 50%.
3.2 The requirements specified by Article 9 Section 2 of the Banking Control Law that all exposures to connected parties must be fully secured shall continue to apply.
3.3 As stipulated by Article 9 section 3 unsecured loans and credit facilities to officers and employees shall not exceed their four months salary except for housing loans which are secured by the property being financed by the Bank.
4. Clustering And Over-Concentration Applicable to Non-bank Counterparties :
Clustering and over concentration of exposures is a common phenomenon found in troubled banks. It arises where a bank may have a high proportion of large credit exposures to a limited number of customers. Consequently an overall limit of 8 times Capital and Reserves of a bank shall apply to all credit exposures to non-bank counterparties that exceed 10% of a bank's Capital and Reserves. For the purpose of this limit exposures to banks and to the GCC and OECD countries' central banks and central governments are not to be included.
5. Limits on Credit Exposure to Banks and Financial Institutions :
These prudential limits on credit exposures apply to all banks although Saudi Banks are expected to have their own internal limits which may be lower.
5.1 A limit of 50% of Capital and Reserves on credit exposures to any bank or financial institution that is "Adequately Capitalized", as defined under item 4 in Appendix 1.
5.2 A limit of 25% of Capital and Reserves on credit exposures to banks and financial institutions that are not "adequately capitalized". Such credit exposures should also not exceed 25% of the counter-party bank's last published capital and reserves.
5.3 A limit of 25% of Capital and Reserves also applies to all specialized banks and other financial institutions including multilateral banks, insurance companies, mutual funds, investment companies etc. Also, such credit exposures should not exceed 25% of the last published capital and reserves of the counterparty.
6. Consolidation :
All credit exposures are to be measured, monitored and reported on a fully consolidated basis including exposures of all foreign branches and subsidiaries. Subsidiaries include companies in which a bank owns or controls 50% or more of its voting stock.
7. Collateral :
Credit exposures are to be measured, monitored and reported at gross values as no reduction is permitted for any collateral supporting the loan or credit facility, except that cash margins for letters of credits, documentary credits and guarantees received by the Bank shall be permitted for reducing the related credit exposure. Further-more cash margins for foreign exchange and other derivative transactions are also permitted for reducing the related credit exposure. However, such cash margins must be maintained in the same currency as the credit exposure and in the same jurisdiction where the credit exposure is booked.
8. Reporting to the Agency :
8.1 A bank shall report to the Agency, on a monthly basis, all exposures to non-banking counterparties (including foreign Central Banks and central governments and any other levels of governments), that exceed 10% of its Capital and Reserves on the reporting date. It should also report the ratio of the total of such exposures to its Capital and Reserves. However, in calculating the ratio, exposures to GCC and OECD central banks and central governments should be excluded.
8.2 A bank shall report to the Agency, on a monthly basis, all exposures to connected parties that exceed 5% of its Capital and Reserves on the reporting date.
8.3 A bank shall report to the Agency on a monthly basis, all exposures to banks and financial institutions that exceeded their limits during the month and were not resolved within 15 working days thereafter.
9. Implementation Date :
The effective date of this circular is 1 june 1995. Saudi Banks are expected to ensure that their credit exposures conform with these rules by the effective date. The information required by the Agency under items 8.1, 8.2 and 8.3 should be provided by the Banks for the month ending 30 June 1995, and each month thereafter in the prescribed forms attached to this circular.
Appendix - 1
Definitions and Guidance Notes - Limits on Exposures to Non-Bank Counterparties And Banks And Financial Institutions
Definiton of Credit Exposure
This term refers to credit risks arising from actual claims, potential claims and contingent liabilities. Accordingly, it is to include the following items.
1.1 On Balance sheet Items: Direct Claims And Credit Obligations
- Placements.
- Overdraft accounts.
- Loans (secured and unsecured).
- Securities of all forms (CD's, CP's, bonds, equities and debentures).
- Short term trade related transactions.
- Bills, Acceptances and other papers.
- Other claims.
- For banks and financial institutions, Credit balances in the Bank's account (Nostros) with other banks; Overdraft in the other banks account (Vostros) with your bank. While these amounts may be difficult to value due to system and other constraints, a representative or approximate amount may be used such as weighted monthly average, minimum balance requirement etc.
2.1 Off Balance Sheet Items : Potential Claims And Contingent Liabilities.
Direct Credit Substitutes
- Confirming of exports Letters of Credit.
- Irrevocable commitments to extend credit.
- Guarantee of indebtedness.
- Acceptances.
- Standby letters of credit serving as financial guarantees for loans and securities.
- Other direct credit substitutes.
Transaction related contingencies
- Performance bonds.
- Bid or tender bonds.
- Advance payment Guarantees.
- Other related contingencies.
Trade related contingencies.
- Short-term self-liquidating trade related items such as letters of credit collateralized.
- Other trade related contingencies secured by underlying shipments.
Derivative products of Interest rate and Foreign Exchange rate including Swaps, Options, Futures, FRA's etc :
These products involve a smaller credit risk and should be calculated at certain percentage of their notional amounts as given below :
a. Foreign Exchange related contracts (Flat rates)
10% per year up to 2 years.
5% per year for each additional year up to a maximum of 50%.
b. Interest rate Related contracts (Flat rates)
5% per year up to a maximum of 35%.
Other Common commitments and contingent liabilities.
2. Definition of A Group of Related Counterparties:
For the purpose of these rules the term "Related Counterparty" is to be applied as follows :
2.1 A group of related customers means two or more persons whether natural or legal, holding exposures from the same credit institution and any of its subsidiaries, whether jointly or separately but who are mutually associated in that:
a. One of them holds directly or indirectly power of control over the other through.
- Common ownership.
- Common directors.
- Cross guarantees.
- Direct commercial dependency which cannot be substituted in the short term.
b. Their cumulated exposures represent to the institution a single risk in so much as they are so interconnected with the likelihood that if one of them experiences financial problems the others or all of them are likely to encounter repayment difficulties.
2.2For the purpose of this Circular a "Group of closely related customers" means all accounts that may be related as follows :
- In the event the customer is a natural or a legal person, the term shall apply to all sole proprietorship establishments owned by him, all partnerships in which he is a general partner, all establishments owned by such general partnerships, all limited liability companies in which he owns more than 50% of voting shares and all companies that he manages or has direct or indirect control regardless of his share therein.
- In case the customer is a limited, simple or general partnership the term shall apply to all establishments owned by the customer together with all partnerships in which the general partners of the customer are general partners, together with all limited liability companies in which any general partner holds more than 50% of its voting shares or a limited liability company that he manages or over which he has direct or indirect control regardless of his share therein.
- In case the customer is a limited liability company in which one of the shareholder owns more than 50% of its voting share capital, the term shall apply to all establishments owned by the company and to all other establishment owned by the principal shareholder as a sole proprietor, general partner or as a principal shareholder owning more than 50% of the voting shares, together with any other company that he manages or over which he has direct or indirect control, regardless of his shares therein.
2.3For the purpose of this section "control" means;
- One or more persons acting in concert directly or indirectly own, control or have the power to vote 25% or more of the voting shares of an establishment; or
- One or more persons acting in concert control, in any manner, the election of a majority of directors, trustees or other persons exercising similar functions of another person; or
- Any other circumstances exist which indicate that one or more persons acting in concert directly or indirectly exercise a controlling influence over the management or the policies of another person.
3. Capital & Reserves :
The Capital and Reserves for the purpose of these limits is defined as the aggregate of :
- Paid up capital.
- Legal Reserves.
- Other Reserves.
- Prior Years' undistributed Retained earnings.
4. Adequately Capitalized Banks and Financial Institutions :
This term applies to banks and financial institutions that meet the following :
- An overall risk assets capital adequacy ratio of 8%.
- A tier-1 risk assets capital adequacy ratio of 4%. All banks and financial institutions that have failed to publish their risk assets capital ratio or those that do not meet the minimum requirements noted above will be treated as being "Not Adequately Capitalized".
5. Connected Parties :
The definition of connected parties shall include the following :
- Members of its Board of Directors, and its Auditors.
- Un-incorporated establishments in which any Director or Auditor of the Bank is a partner or manager or has a direct financial interest or is a guarantor.
- Principal owner or shareholder - means a person that directly or indirectly owns, controls or has power to vote more than 10% of the voting shares of the Bank granting the facility.
- Affiliated or Associated companies and partnerships. These include establishment that are connected to the Bank by a common parent or a controlling share holder.
6. Monitoring of Credit Exposures to Banks And Financial Institutions :
The Agency expects all Saudi Banks to have internal systems to monitor on a daily basis credit exposures to other banks and financial institutions and report excesses above the bank's internal limits and prudential limits to senior management. While occasional excesses may arise due to unusual market conditions, volatility and unusual operational problems, procedures must be in place to quickly identify the excesses and to take corrective actions. Banks are expected to monitor other banks and financial institutions on a six-monthly basis to see if they are "Adequately Capitalized". They may use both published and un-published data and sources of information including call reports. However, to the extent possible such data should be verified and confirmed.
7. Other Issues and Notes
- No netting is permitted for reciprocal credit exposures with other banks and financial institutions.
- All off-balance sheet items other than forward foreign exchange and interest rate contracts and derivative products, are to be measured at their gross values.
- These lending limits do not apply to principal shareholders that are foreign banks and to foreign banking subsidiaries of a Saudi Bank. Credit exposures to such institutions when they exceed 50% of capital and reserves must be discussed with and approved by the Agency on a case-by-case basis. Credit exposures to non-banking subsidiaries when in excess of 25% of Capital and Reserves of the Bank must be approved by the Agency.
M-19
Exposures to Non-Banking Counterparties in Excess of 10% of Capital & Reserves
(All Amounts in SR.000'0)
Name and location of Borrower Total Amount of Exposure Amount in Excess of 10%
of Capital & Reserves
Original date of Excess Other Comments On Bal. Sheet Off Bal. Sheet Total 1. Exposure in excess of 10% 2. 8 Times capital & Reserves 3. Over and (under) (line 2-1) M-18
Exposures to Connected Non-Banking Counterparties in Excess of 5% of Capital & Reserves
(All Amounts in SR.000'0)
Name and location of Borrower Total Amount of Exposure Amount in Excess of 5% of Capital & Reserves Original date of Excess Other Comments On Bal. Sheet Off Bal. Sheet Total 1. Total of Exposure in excess of 5% 2. Total exposure under 5% 3. Total connected party exposure. 4. 50% of capital and reserves 5. Over and (under) (Line 4-3) List of Foreign Banks whose Guarantees are Acceptable by Local Banks
We attach herewith three copies of the updated list of foreign banks acceptable by local banks to issue letters of guarantee in favor of government and quisi government agencies.
Please adopt and comply with as of the date of this circular and regard the old list as null and void.
Saudi Central Bank List of Foreign Banks whose Guarantees Are Acceptable to Domestic Banks
MAY, 1997
LIST OF APPROVED BANKS TO ISSUE GARANTEES
No. NAME OF COUNTRY AND BANKS CAP.& RES S USD MILLION 1995 FISCAL YEAR AUSTRALIA:
1 1 - Australia & New Zealand 5017 Banking Group 100 Queen Street Melbourne, Victoria Australia (1996) 2 2 - Commonwealth Bank of 5812 Australia,
GPO Box 2719, 48 Martin Place, Sydney New South Wales, Australia
(1996) 3 3 - National Arstralia Bank 9912 Ltd
500 Bourke Street,
P.O.Box 84 A
Melbourne 3001
Victoria, Arstralia
(1996) 4 4 - Westpac Banking Corp. 6248 60 Martin Place, Sydney,
New South Wales 2000
Australia
(1996) 2. AUSTRIA: 5 1 - Creditanstalt Bankverein, Schottengasse 6-8
Postfach 72
A-1010 Vienna
Austria.
2472 6 2 - First Austrian Bank
(Die Erste Österreichische)
Spar-Casse-Bank A.G
P.O.Box 162,21 Graben
A-1011 Vienna,
Austria.
841 7 3 - Bank Austria A.G.
Am Hof 2
A-1010, Vienna.
Austria.
2963 8 4 - Raiffeisen Zentralbank
Osterrich - AG (RZB-Austria) P.O.Box 50, A-1011 Vienna. Austria.
1174 3. BAHRAIN: 9 1 - Arab Banking Corporation
ABC Tower,
P.O.Box 5698,
Manama, Bahrain.
1540 10 2 - Gulf International Bank, BSC
P.O.Box 1017,
Manama, Bahrain.
513 11 3 - National Bank of Bahrain BSC - P.O.Box 106, Government Avenue
Manama, Bahrain.
239 4. BELGIUM: 12 1 - Bank Brussels Lambert
24 Avenue Marnix
B-1000, Brussels, Belgium
2737 13 2 - Banque Indosuez Belgique SA
Grote Mark 9,
2000, Antwerp
Belgium.
127 14 3 - Generale Bank
Rue Montagne
du Parc 3,
1000 Brussels, Belgium.
4491 15 4 - Kredictbank N.V
7 Arenvergstraat, 1000 Brussels, Belguim.
3521 5. BRAZIL: 16 1 - Banco do Brazil, S.A.
P.O.Box 562
Brasilia, Brazil.
3567 17 2 - Banco do Estado de Sao
Paulo S.A.
Praca Antonio Prado,
6 CEP 01062-900
Sao Paulo - Brazil.
1339 6. CANADA : 18 1 - Bank of Montreal
129, Rue St. Jacque
Monreal, P.Q
Canada
5372 19 2 - Bank of Nova Scotia
44 King St. W,
Scotia Plaza, Toronto,
Canada.
5564 20 3 - Canadian Imperial Bank of Commerce,
Commerce Court, Toronto, Canada.
6516 21 4 - Royal Bank of Canada
1 Place Ville Marie, P.O.Box 6001, Montreal, Canada.
6822 22 5 - Toronto Dominion Bank
T.D. Centre, 55 King St. W. Toronto, Ontario,
Canada
4519 7. REPUBLIC OF CHIAN: 23 1 - Bank of Taiwan
120 Chungking South Road Section 1.
Taipie 10036, Taiwan
3589 24 2 - Chiao Hing Dank Co. Ltd.
91 Heng Yang Road, Taipiei 100, Taiwan
893 25 3 - The Export - Import Bank of Republic of China
8th Floor, 3 Nanhai Road
Taipei 10728, Taiwan
463 26 4 - The International Commercial Bank of China, 100 Chi Lin Road
Taipiei 10424 - Taiwan
1035 8. DENMARK : 27 1 - Den Danske Bank A/S
2-12, Holmens Kanal
DK-1092, Copenhagen K,
Denmark
4165 28 2-Unibank A/S
2 Torvegade
DK-1786 Copenhagen V,
Denmark
2723 9. FINLAND : 29 1 - Merita Bank Ltd,
Alchsanterinkatu 30,
00100 Helsinki, Finland
3157 30 2 - Postipannkki Ltd.
Unioninkatu 22,
SF-00007 Helsinki 7,
Finland
900 10. FRANCE : 31 1 - Banque Paribas
3 Rue d' Antin
75002 Paris, France
3818 32 2 - Banque Nationale de Paris
16 Boulevard des Italiens
75009 Paris, France
12107 33 3 - Banque Indosuez
96 Boulevard Haussmann,
75008 Paris, France
3163 34 4 - Banque Française du Commerce Exterieur,
21 Boulevard Haussmann,
75009 Paris, France
976 35 5 - Caisse Nationale de Credit Agricole
91-93 Boulevard Pasteur
75015 Paris, France
21799 36 6 - Crédit Commercial de France S.A.
103 Avenue des Champs- Elysees, 75008, Paris,
France
3296 37 7 - Credit du Nord
6et8 Boulvard Haussmann
75009 Paris, France
551 38 8 - Crédit Industrial et Commercial
66 Rue Delà Victoire,
75009 Paris, France
653 39 9 - Credit Lyonnais SA
19 Boulevard des Italiens,
75002 Paris, France
8618 40 10 - Societe Generale
Tour Societe Generale,
92972 Paris, La-Defence
Cedex, France
11292 41 11 - Union de Banques Arabes et Francaises-UBAF
190 Avenue Charles de
Gualle, 92523 Neuilly Cedex,
Paris, France
343 11. GERMANY : 42 1 - Bayerische Hypotheken-und Wechsel-Bank, AG
Arabella Strasse. 12
D-80278 Munich, Germany
6116 43 2 - Bayerische Landesbank Girozentrale,
Brienner Strasse 20,
D-80883 Munich,
Germany
5986 44 3 - Bayerische Vereinsbank AG
1 and 14 Kardinal-Faulhaber Strasse, 80311 Munich,
Germany
6289 45 4 - Berliner Bank AG
Hardnbergstrasse 32,
D-10890 Berlin,
Germany
1585 46 5 - Commerzbank AG
32-36 Neue Mainzer Strasse, Frankfurt am Main 1,
Germany
8229 47 6 - Deutsche Bank AG
Taunusanlage 12,
D-60325 Frankfurt am Main,
Germany
19321 48 7 - Dresdner Bank AG
Jurgen - Ponto - Platz 1,
D-60329 Frankfurt am Main,
Germany
9622 49 8 - DG Bank (Deutsche Genossenschaftsbank)
Amplatz der Republic,
D-60325 Frankfurt am Main 1,
Germany
3916 50 9 - Landesbank Hessen
Thuringen Girozentrale,
18-26, Junghofstrasse
D-6031 Frankfurt am Main 11,
Germany
1662 51 10 - Norddeutsche Landesbank Girozentrale
Georgsplatz 1,
D-30159,
Germany
3762 52 11 - Sudwest LB
AM Hauptbahn NHOF2
70173 Stuttgrt
Germany
2014 53 12 - Westdeutsche Landesbank Girozentrale,
Herzogstrasse 15,
40217 Düsseldorf,
Germany
9044 12. GREECE : 54 1 - National Bank of Greece SA
86 Eolou Street,
Cotzia Square,
Athens-10232,
Greece
1214 13. HONG KONG : 55 1 - The Hong Kong & Shanghai
Banking Corporation Ltd
1 Queens Road, Central Hong Kong
11059 14. INDIA : 56 1 - Bank of Baroda
3 Walchand Hirachand Marg,
Ballard Pier,
Mumbai 4000 001, India
508 57 2 - Canara Bank
Head Office,
112 Jayachamarajendra Rd
P.O.Box 6648,
Bangalore 560002, India
552 58 3 - State Bank of India
Madame Cama Road,
Mumbai 400021, India
1505 15. INDONESIA : 59 1 - Pt Bank Dagang Negara (PERSERO)
P.O.Box 1338 JKT
Jalan MH Thamri 5
Jakarta 10340, Indonesia
579 16. IRELAND : 60 1 - Allied Irish Bank
P.O.Box 452
Bankcentre, Ballsbridge
Dublin 4, Republic of Ireland
2193 17. ITALY : 61 1 - Banca Commercial Italiana SPA,
Piazza Della Scala 6,
20,121 Milan, Italy
5836 62 2 - Banca Di Roma
Via Marco Minghetti 17
1-00187 Rome, Italy
7436 63 3 - Banca Nazionale del Lavoro SPA,
119 Via Vittorio, Vaneto,
00187 Rome, Italy
4507 64 4 - Credito Italiano SPA
Via Dante 1
16121 Genoa, Italy
5007 65 5 - Istituto Bancario San Paolo Di Torino, SPA
Piazza San Carlo 156
10121 Turin, Italy
6040 66 6 - Banco Di Napoli SPA
177 - 178 Via Toledo
80132, Naples, Italy
701 67 7 - CARIPLO (Cassa Di Risparmio delle Provicnie Lombarde SPA)
Via Monte di Pietà. 8,
1-20121, Milan, Italy
7102 18. JAPAN : 68 1 - The Bank of Yokohama Ltd
1-1 Minatomirai 3-Chome, Nishi-Ku, Yokohama, Kanagawa PC 220, Japan
4031
(1996)
69 2 - The Bank of Tokyo Mitsubishi Ltd.,
7-1 Marunouchi
2-Chome, Chiyoda-ku
Tokyo, Japan
28389
(1996)
70 3 - The Dai-Ichi Kangyo Bank Ltd.
1-5 Uchisaiwaicho
1-Chome, Chiyoda-ku, Tokyo 100, Japan
19480
(1996)
71 4 - The Daiwa Bank Limited
2-1 Bingomaghi,
2 Chome. Chuo-ku,
Osaka 541, Japan
5540
(1996)
72 5 - The Fuji Bank Ltd.
5-5 Otemachi,
1 - Chome, Chiyoda-Ku,
Tokyo, Japan
15551
(1996)
73 6 - The Industrial Bank of Japan, Limited
3-3 Marounouchi,
1-Chome, Chiyoda-Ku,
Tokyo 100, Japan
12489
(1996)
74 7 - The Long Term Credit Bank of Japan Limited,
1-8 Uchi saicho,
2-Chome, Chiyoda-Ku,
Tokyo 100, Japan
9925
(1996)
75 8 - The Mitsubishi Trust & Banking Corporation,
4-5 Marunouchi.
1-Chome, Chiyoda-Ku,
Tokyo 100, Japan
6812
(1996)
76 9 - The Sakura Bank Limited, 3-1 Kudan Minami
1-Chome, Chiyoda-Ku
Tokyo 100-91, Japan
15950
(1996)
77 1-. The Mitsui Trust and Banking Company Limited
1-1 Nihonbashi-Muromachi
2-Chome, Chuo-Ku,
Tokyo 103 , Japan
5309
(1996)
78 11 - The Nippon Credit Bank Limited
13-10 Kudan-Kita,
1 - Chome, Chiyoda-Ku,
Tokyo 102, Japan
4593
(1996)
79 12 - The Sanwa Bank Limited
5-6 Fushimimachi
3-Chome, Chuo-Ku,
Osaka 541, Japan
17665
(1996)
80 13 - The Sumitomo Bank Limited
6-5 Kitahama,
4-Chome, Chuo-Ku,
Osaka 541, Japan
18594
(1996)
81 14 - The Sumitomo Trust & Banking Co., Limited
5-33 Kitahama,
4-Chome, Chuo-Ku,
Osaka 541, Japan
6457
(1996)
82 15 - The Tokai Bank Limited
21-24 Nishiki,
3-Chome, Naka-Ku,
Nagoya, Japan
8990
(1996)
83 16 - The Toyo Trust & Banking Co. Limited
4-3 Marunouchi,
1-Chome, Chiyoda-Ku,
Tokyo 100, Japan
3699 19. JORDAN : 84 1 - Arab Bank Pic
P.O.Box 950545,
Shmeisani, Amman,
Jordan
778 20. KUWAIT : 85 1 - Gulf Investment Corp.
P.O.Box 3402,
Al-SAFAT 13035, Kuwait
1001 86 2-The Gulf Bank KSC.
P.O.Box 3200,
Al-SAFAT, Kuwait
513 87 3 - National Bank of Kuwait SAK
P.O.Box 95, SAFAT 13001
Kuwait
1138 21. LUXEMBOURG : 88 1 - Krediet Bank SA
Luxembourgeoise,
43 Boulevard Royal, L-2955, Luxembourg
727 22. NETHERLANDS : 89 1 - ABN AMRO Bank NV
C/o ABN AMRO Holdings NV
Foppingadareef 22
Amsterdam, Netherlands
13572 90 2 - Co-operative Central Raiffeisen Boerenleen Bank B.A. (Rabobank)
P.O.Box 17100
Croeselaan 18
3500 HG Utrecht,
Netherlands
11293 91 3 - ING Bank NV Strawinskylaan 2631
1077 ZZ Amsterdam,
Netherlands
6829 23. NEW ZEALAND : 92 1 - Bank of New Zealand
BNZ Centre,
P.O.Box 2392,
1 Willis St. Wellington,
New Zealand
605 24. NORWAY : 93 1 - Den Norske Bank AS
Stranden 21,
P.O.Box 1171,
Sentrum N-0107,
Oslo 1. NORWAY
1930 25. OMAN : 94 1 - Bank Muscat Al Ahli Al
Omani (SAOG)
P.O.Box 134, Ruwi,
Sultanate of Oman
65 26. PAKISTAN : 95 1 - National Bank of Pakistan I-I Chundrigar Road,
Karachi, Pakistan
229 27. PORTUGAL : 96 1 - Banco Espirito Santo
E Commercial de Lisboa SA
Avenida da Liverdade
195-1250, Lisbon,
Portugal
1054 28. QATAR : 97 1 - Qatar National Bank S.A.Q.
P.O.Box 1002, Doha,
Qatar
671 29. SOUTH AFRICA : 98 1 - ABSA Bank Limited
ABSA Towers,
160 Main Street,
Johannesburg 2000,
South Africa
1276 99 2 - Bedcor Bank Limited
100 Main Street,
Johannesburg 2001,
South Africa
802 30. SOUTH KOREA : 100 1 - The Commercial Bank of Korea Ltd
111-1, 2-KA, Namdaemun-ro Chung - Ku,
P.O.Box Central 126,
Seoul, Korea
2026 101 2 - Hanil Bank
CPO Box 1033
130 Namdaemun-No.2-ga,
Chung-gu, Seoul, Korea
2799 102 3 - Korea Exchange Bank
181 Ulchiro 2-Ka Chung-Ku,
Seoul 100-192, Korea
2929 103 4 - Korea First Bank
100 Kongpyung-Dong
Chongnu-Gu
Seoul 110-702, Korea
2541 31. SPAIN : 104 1 - Banco Bilbao Vezcaya SA
Gran Via 1,
48001 Bilbao, Spain
6385 105 2 - Banco Central Hispano
Alcala 49
Madrid 28014
Spain
3967 106 3 - Banco Santander
Paseo de Pereda 9-12
Santander, Spsin
7059 107 4 - Banco Espanol de Credito
Paseo de la Castellana 7,
Madrid 28046, Spain
1870 108 5 - Banco Exterior
De Espana, S.A
Carrera de San Jerunimo.
36-28014, Madrid, Spain
2050 32. SWEDEN : 109 1 - Nordbanden AB (Pubi)
Hamngatan 10
S-105 71, Stockholm
Sweden
2546 110 2 - Skandinaviska Enskilda Banken AB (Publ), Kungstradgardsgatan 8,
S-106, 40 Stockholm,
Sweden
3575 111 3 Svenska Handelsbanken
AB (Publ)
Kungstradgardsgatan 2,
106 70 Stockholm,
Sweden
3299 112 4 - Swed Bank
Brunkebergstors-8
S-105 34
Stockholm, Sweden
3063 33. SWITZERLAND : 113 1 - Credit Suisse
Paradeplatz 8,
P.O.Box 590,
8001 Zurich, Switzerland
11449 114 2 - Saudi Swiss Bank
Swissair Centre,
31 Route de 1' Aerport
P.O.Box 736, Ch 1215,
Geneva 15, Switzerland
49 115 3 - Swiss Bank Corporation.
Aeschenvorstad 1,
Basle, Switzerland
12115 116 4 - Swiss Volks Bank
Weltpoststrasse 5
3015, Berne,
Switzerland
2100 117 5 - Union Bank of Switzerland
45 Bahnhofstrasse,
8021 Zurich,
Switzerland
20652 118 34. TURKEY : 1 - T.C. Ziraat Bankasi
Bankalar Caddesi No. 42 Ulus Ankara, Turkey
409 35. UNITED ARAB
EMIRATES :
119 1 - National Bank of Abu Dhabi
Sh. Khalifa St. P.O.Box 4,
Abu Dhabi, U.A.E
976 36. UNITED KINGDOM : 120 1 - ANZ Grindlays Bank PLC
Minerva House,
Montague Close, London,
SEI 9DH,
U.K.
770 121 2 - Barclays Bank PLC
54 Lombard Street,
London, EC3P 3AH,
U.K.
11442 122 3 - Lloyds Bank PLC
71 Lombard Street,
London, EC3P 3BS
U.K.
5325 123 4 - Midland Bank PLC
Poultry,
London, EC2P 2BX,
U.K.
5310 124 5 - National Westminister Bank PLC,
41 Lothbury,
London, EC2P 2BP,
U.K.
11470 125 6 - The Royal Bank of Scotland PLC,
P.O.Box 31,
42 ST Andrew Square,
Edinburgh, EH2 2YE,
U.K.
3449 126 7 - Saudi Inernational Bank (Al Bank Al Saudi Al-Alami Ltd)
1 Knightsbridge, London.
SW1X7XS
U.K.
291 127 8 - Standard Chartered Bank
1 Aldermanbury Square,
London, EC2V 7SB
U.K.
3111 37. UNITED STATES OF AMERICA : 128 1 - American Express Bank Ltd
American Express Tower,
World Financial Centre,
N.Y. 10285-0500,
New York, U.S.A.
837 129 2 - Bank of Boston Corporation
100 Federal St. Boston,
Mass. 02110
U.S.A
3751 130 3 - Bank of America N.T & S.A.
Bank of America Centre,
555 California Street,
San francisco,
California 94104,
U.S.A.
11732 131 4 - The Bank of New York
48 Wall Street
New York. N.Y. 10286
U.S.A.
3487 132 5 - Bankers Trust Company
130 Liberty Street,
New York NY 10006
U.S.A
4336 133 6 - Citi Bank N.A
399 Park Avenue,
New York, N.Y. 10043
U.S.A.
14817 134 7 - The Chase Manhattan Bank NA
1 Chase Manhattan Plaza
270 Park Avenue
New York, N.Y. 100172
U.S.A.
7975 135 8 - Core States Bank NA P.O.Box 7618,
Broad & Chestnut Streets,
Philadelphia, PA 19101
U.S.A.
1614 136 9 - First Union National Bank of North Carolina
1, First Union Center
Charlotte, NC-28288
U.S.A.
1569 137 10 - First Chicago NBD Corporation
1 First National Plaza,
Chicago, Illinois, 60670
U.S.A.
8450 138 11 - Mellon Bank N.A.
One Mellon Bank Centre,
Pittsburg, PA 15258-0001,
U.S.A.
3225 139 12 - Morgan Guaranty Trust
Co. of New York,
60 Wall Street
New York, NY, 10260-0060
U.S.A.
11011 140 13 - Nations Bank NA
Charlotte, NC. 28255-001
U.S.A.
12801 141 14 - Wells Fargo Bank N.A.
420 Montgomery St.
San Francisco,
California 94163
U.S.A.
4228 38. OTHERS : 142 1 - The Arab Investment
Company
P.O.Box 4009
Riyadh, 11491
Kingdom of Saudi Arabia
374 New Prudential Returns Package
In order to give more preparation time to the bank, the Agency has decided to amend the schedule for submission of the proposed quarterly and six monthly prudential returns. Consequently, the following is the revised submission time table.
Returns Timing Bi-weekly Return
Weekly submission commencing 15 Oct. 1991.
Monthly Returns
No change. The first set of returns will be as of 30 Sept. 1991 and due for submission to Saudi Central Bank by 15 Oct. 1991.
Quarterly Returns
These returns are now due each quarter commencing 1 January 1992. Consequently, the first set of returns will be as of 31 March, 1992, but due in Saudi Central Bank by 15 April 1992.
Six monthly Returns
These returns are now due for each six months commencing 1 January 1992.
Consequently, the first set of returns will be as of 30 June, 1992, and due in SAMA by 15 July 1992.
Annual Returns
These returns are due for each year end commencing 1 January 1991. Consequently, the first set of returns will be as of 31 December, 1991, and due in SAMA by 15 January, 1992.
Further, following the feedback from the banks, the Agency has decided to postpone until a future date certain multi-currency reporting requirements in relation to returns Q-l, Q-2 and Q-4.
RETURN
AMENDMENT
Q-l (Statement of Revenue and Expenditure)
The entire return is to be reported in Saudi Riyals only.
Q-2 (Non-Resident Assets by country)
Only Saudi Riyal reporting is necessary in columns where specific asset breakdowns are given i.e., in columns whose heading are "Cash, Due from Banks and other assets; Due from Banking institutions; Intergroup assets; credit facilities and Investments." Multicurrency reporting is expected in the remaining columns as indicated on the return.
Q-4 (Non-Resident Liabilities by country)
Only Saudi Riyal reporting is necessary in columns where specific liabilities are described i.e. in columns whose headings are "Due to Banks; Due to Govt. and Quasi Govt.; private sector deposit margins; Investment Borrowings; Due to Head Office/branches and other liabilities." Multicurrency reporting is expected in the remaining columns as indicated on the return.
However, we advise that the banks should continue in their efforts to develop systems for multi-currency reporting, as Saudi Central Bank will reintroduce such information requirement in the near future.
Obtaining SAMA Approval for Establishing Banking Operations outside the Kingdom
Banking work may require the bank to establish affiliated companies outside the Kingdom for tax purposes or for other purposes such as registering investment funds or real estate management departments or the chartering of vessels and planes and the like.
We wish to inform you that in this case you have to obtain a prior approval from SAMA. The application must contain the following information:
The purpose for establishing the company and its activities.
The proposed location.
The concerned authorities that will issue the license
A brief description of tax laws in the proposed country
The financial structure of the operations and the way of treating them (with regard to recording them in the bank financial records as loans or investment or off-general budget items or otherwise).
SAMA shall study and evaluate such information and discuss the matter with the bank officials in preparation for granting the approval, following which the bank shall be required to provide SAMA with the following:
The license granted to the company.
The articles of association and laws of the country in which the company was established.
Annual financial statements (if any).
Information related to the treatment of such operations from the viewpoint of accounts in the books of the bank.
Please be informed and act accordingly. In case of any inquiries, you can contact Mr. Fahd Ibrahim Al- Mufarrij phone: 4662305.
Opening Direct Deposit Accounts for Insurance Companies
This circular is currently available only in Arabic, please click here to read the Arabic version.Presence of Certain Observations that Cause Delays in Providing Services to Citizens
In his letter to SAMA HE the Deputy Minister of Finance and National Economy for Revenue Affairs addressed a number of remarks which are delaying the interest of citizens and violating agreements with the banks regarding the collection of telephone bills and other public utilities by the banks, as follows:
- The refusal by some banks to accept the deposit of coins for transfer to Saudi Central bank.
- The refusal by some banks to issue checks to the order of Saudi Central bank unless a fee of SR 5-10 is collected.
- Accepting payment of invoices only from bank clients
- Most banks limited payment of invoices to the morning or evening office hours.
- The delay in delivering payment coupons to government representatives on time.
- The large number of missing payment coupons which results in cutting off subscriber telephone lines and reconnecting them later.
- Using the Gregorian calendar instead of the Hejira calendar as ordered by a Royal Order.
- Errors in the gross total collected by bank branches.
- Using stamps other than 'paid' or 'received' as agreed on.
Hence, SAMA would like you to instruct all your branches to comply with the agreements signed therewith such as accepting the payment of telephone, telex and other public utilities (water, electricity) bills from all Saudi citizens and residents both in the morning and evening office hours and without limiting payment to those who have an A/c with the bank, as per terms and conditions of agreements signed with the bank and in compliance with SAMA circulars in this respect.
SAMA shall take necessary action against any violation and send examiners to check on these matters.
Procedures for the Regional Clearing Systems
This circular is currently available only in Arabic, please click here to read the Arabic version.Providing SAMA with the Number of Local Investment Portfolios, According to Geographic Distribution on a Quarterly Basis
No: 191000000341 Date(g): 2/10/1998 | Date(h): 11/6/1419 Pursuant to article 17 of the Banking Control Law, we call on you to provide us on a quarterly basis (March, June, Sept, Dec) with the number of local investment portfolios, according to geographic distribution, as per the two attached forms (1) and (2), on Excel software diskettes.
We hope this will start in December 1998 to be received by us within 12 weeks and to do this regularly until further notice.
CPIS 1 Coordinated Portfolio Investment Survey
Form 1: Outward Portfolio Investment in Equities
Banking Supervision
Saudi Arabian Monetary Agency
_______________________________________________
Name of bank
Person who can be contacted if there are any questions on this report :
Name : _______________________________________________
Telephone : _______________________________________________
Facsimile : _______________________________________________
____________________________________________________________
Reporting instructions :
How to report
Please use only the report form and diskette that was provided by SAMA.
Where to send the completed form:
Mr. Fahad Al-Mufarrij
Director
Banking Supervision Department
Saudi Arabian Monetary Agency
(Telephone : 466-2305)
(Fax : 466-2119)
If you have any question please contact :
Abdulwahab Al Ageel
Banking Supervision Department
Saudi Arabian Monetary Agency
(Telephone : 466-2332)
(Fax : 466-2119)
Particulars on reporting :
Currency of reporting in Saudi Riyal :
Unit of reporting in thousands of SAR
CPIS 1
Coordinated Portfolio Investment Survey
Form 1: Outward Portfolio Investment in Equities
Banking Supervision
Saudi Arabian Monetary Agency
CPIS 1
Coordinated Portfolio Investment Survey
Form 1: Outward Portfolio Investment in Equities
Banking Supervision
Saudi Arabian Monetary Agency
Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) CM Cameroon AF Afghanistan, Islamic State of CA Canada AL Albania cv Cape Verde DZ Algeria KY Cayman Islands AD Andorra CF Central African Republic AO Angola TD Chad AI Anguilla CL Chile AG Antigua and Barbuda CN China. P.R.: Mainland AR Argentina HK China. P.R.: Hong Kong AM Armenia CX Christmas Island AW Aruba CO Colombia AU Australia KM Comoros AT Austria ZR Congo, Democratic Republic of AZ Azerbaijan CG Congo, Republic of BS Bahamas, The CK Cook Islands BH Bahrain CR Costa Rica BD Bangladesh CI Côte d'Ivoire BB Barbados HR Croatia BY Belarus CU Cuba BE Belgium CY Cyprus BZ Belize CZ Czech Republic BJ Benin DK Denmark BM Bermuda DJ Djibouti BT Bhutan DM Dominica BO Bolivia DO Dominican Republic BA Bosnia and Herzegovina EC Ecuador BW Botswana EG Egypt BR Brazil SV El Salvador IO British Indian Ocean Territory GQ Equatorial Guinea VG British Virgin Islands ER Eritrea BN Brunei Darussalam EE Estonia BG Bulgaria ET Ethiopia BF Burkina Faso FO Faeroe Islands BI Burundi FK Falkland Islands KH Cambodia Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) JE Jersey FJ Fiji JO Jordan FI Finland KZ Kazakhstan FR France KE Kenya GF French Guiana KI Kiribati PF French Polynesia KP Korea, Democratic People's
Republic of (North)
GA Gabon KR Korea, Republic of (South) GM Gambia, The KW Kuwait GE Georgia KG Kyrgyz Republic DE Germany LA Lao People's Democratic Rep. GH Ghana LV Latvia GI Gibraltar LB Lebanon GR Greece LS Lesotho GL Greenland LR Liberia GD Grenada LY Libya, S.P.A.J. GP Guadeloupe LI Liechtenstein GT Guatemala LT Lithuania GG Guernsey LU Luxembourg GN Guinea MO Macao GW Guinea-Bissau MK Macedonia, FYR of GY Guyana MG Madagascar HT Haiti MW Malawi HM Heard and McDonald Islands MY Malaysia HN Honduras MV Maldives HU Hungary ML Mali IS Iceland MT Malta IN India MH Marshall Islands ID Indonesia MQ Martinique IR Iran, Islamic Republic of MR Mauritania IQ Iraq MU Mauritius IE Ireland MX Mexico IM Isle of Man FM Micronesia, Fed. States of IT Italy MD Moldova JM Jamaica JP Japan Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) RW Rwanda MC Monaco SH Saint Helena MN Mongolia KN Saint Kitts and Nevis MS Montserrat LC Saint Lucia MA Morocco PM Saint Pierre and Miquelon MZ Mozambique VC Saint Vincent and (he Grenadines MM Myanmar WS Samoa NA Namibia SM San Marino NR Nauru ST S o Tomé and Pr ncipe NP Nepal SA Saudi Arabia NL Netherlands SN Senegal AN Netherlands Antilles SC Seychelles NC New Caledonia SL Sierra Leone NZ New Zealand SG Singapore NI Nicaragua SK Slovak Republic NE Niger SI Slovenia NG Nigeria SB Solomon Islands NU Niue Island SO Somalia NF Norfolk Island ZA South Africa NO Norway ES Spain OM Oman LK Sri Lanka PK Pakistan SD Sudan PW Palau SR Suriname PA Panama SZ Swaziland PG Papua New Guinea SE Sweden PY Paraguay CH Switzerland PE Peru SY Syrian Arab Republic PH Philippines TW Taiwan Province of China PN Pitcairn TJ Tajikistan PL Poland TZ Tanzania PT Portugal TH Thailand QA Qatar TG Togo RE Réunion TK Tokelau Islands RO Romania TO Tonga RU Russian Federation Country of non-resident issuer Market value of equity securities as at Sep. 30, 1998 Code Country (Thousands of SAR) TT Trinidad and Tobago TN Tunisia TR Turkey TM Turkmenistan TC Turks and Caicos Islands TV Tuvalu UG Uganda UA Ukraine AE United Arab Emirates GB United Kingdom US United States UM United States Pacific Islands UY Uruguay UZ Uzbekistan VU Vanuatu VA Vatican City State VE Venezuela VN Vietnam WF Wallis and Futuna Islands PS West Bank/Gaza Strip EH Western Sahara YE Yemen, Republic of YU Yugoslavia, Fed. Rep. of (serbia/Montenegro) ZM Zambia ZW Zimbabwe 22 Other Countries XX International Organizations Total value of investment in equities. 0 CPIS 2
CPIS 2
Coordinated Portfolio Investment Survey
Form 2: Outward Portfolio Investment in long-Term Debt Securities
Banking Supervision
Saudi Arabian Monetary Agency
CPIS 2
Coordinated Portfolio Investment Survey
Form 2: Outward Portfolio Investment in Long-Term Debt Securities
Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Banking Supervision
Saudi Arabian Monetary Agency
__________________________________________________
Code Country (Thousands of SAR) Name of bank
Person who can be contacted if there are any questions on this report:
Name:
Telephone:
Facsimile:
____________________________________________________
AF Afghanistan, Islamic State of AL Albania DZ Algeria AD Andorra AO Angola AI Anguilla AG Antigua and Barbuda AR Argentina Reporting instructions:
1.How to report
Please use only the report form and diskette that was provided by SAMA.
AM Armenia AW Aruba AU Australia AT Austria AZ Azerbaijan 2.Where to send the completed form :
Mr. Fahad Al-Mufarrij
Director
Banking Supervision Department
Saudi Arabian Monetary Agency
(Telephone: 466-2305)
(Fax: 466-2119)
BS Bahamas, The BH Bahrain BD Bangladesh BB Barbados BY Belarus BE Belgium BZ Belize BJ Benin BM Bermuda 3.If you have any question please contact:
Abdulwahab Al Ageel
Banking Supervision Department
Saudi Arabian Monetary Agency
(Telephone: 466-2332)
(Fax: 466-2119)
BT Bhutan BO Bolivia BA Bosnia and Herzegovina BW Botswana BR Brazil IO British Indian Ocean Territory VG British Virgin Islands 4.Particulars on reporting:
Currency of reporting in Saudi Riyal :
Unit of reporting in thousands of SAR
________________________________________________
BN Brunei Darussalam BG Bulgaria BF Burkina Faso BI Burundi KH Cambodia KH Cambodia Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) FJ Fiji CM Cameroon FI Finland CA Canada FR France CV Cape Verde GF French Guiana KY Cayman Islands PF French Polynesia CF Central African Republic GA Gabon TD Chad GM Gambia, The CL Chile GE Georgia CN China, P.R.: Mainland DE Germany HK China, P.R.: Hong Kong GH Ghana CX Christmas Island GI Gibraltar CO Colombia GR Greece KM Comoros GL Greenland ZR Congo, Democratic Republic of GD Grenada CG Congo, Republic of GP Guadeloupe CK Cook Islands GT Guatemala CR Costa Rica GG Guernsey CI Côte d'Ivoire GN Guinea HR Croatia GW Guinea-Bissau CU Cuba GY Guyana CY Cyprus HT Haiti CZ Czech Republic HM Heard and McDonald Islands DK Denmark HN Honduras DJ Djibouti HU Hungary DM Dominica IS Iceland DO Dominican Republic IN India EC Ecuador ID Indonesia EG Egypt IR Iran, Islamic Republic of SV El Salvador IQ Iraq GQ Equatorial Guinea IE Ireland ER Eritrea IM Isle of Man EE Estonia IT Italy ET Ethiopia JM Jamaica FO Faeroe Islands IP Japan FK Falkland Islands Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) MC Monaco JE Jersey MN Mongolia JO Jordan MS Montserrat KZ Kazakhstan MA Morocco KE Kenya MZ Mozambique KI Kiribati MM Myanmar KP Korea, Democratic People's Republic of (North) NA Namibia KR Korea, Republic of (South) NR Nauru KW Kuwait NP Nepal KG Kyrgyz Republic NL Netherlands LA Lao People's Democratic Rep. AN Netherlands Antilles LV Latvia NC New Caledonia LB Lebanon NZ New Zealand LS Lesotho NI Nicaragua LR Liberia NE Niger LY Libya, S.P.A.J. NG Nigeria LI Liechtenstein NU Niue Island LT Lithuania NF Norfolk Island LU Luxembourg NO Norway MO Macao OM Oman MK Macedonia, FYR of PK Pakistan MG Madagascar PW Palau MW Malawi PA Panama MY Malaysia PG Papua New Guinea MV Maldives PY Paraguay ML Mali PE Peru MT Malta PH Philippines MH Marshall Islands PN Pitcairn MQ Martinique PL Poland MR Mauritania PT Portugal MU Mauritius QA Qatar MX Mexico RE Réunion FM Micronesia, Fed. States of RO Romania MD Moldova RU Russian Federation Country of non-resident issuer Market value of long-term debt securities as at Sep. 30, 1998 Country of non-resident issuer Markel value of long-term debt securities as at Sep. 30, 1998 Code Country (Thousands of SAR) Code Country (Thousands of SAR) TT Trinidad and Tobago RW Rwanda TN Tunisia SH Saint Helena TR Turkey KN Saint Kitts and Nevis TM Turkmenistan LC Saint Lucia TC Turks and Caicos Islands PM Saint Pierre and Miquelon TV Tuvalu VC Saint Vincent and the Grenadines UG Uganda WS Samoa UA Ukraine SM San Marino AE United Arab Emirates ST S o Tomé and Pr ncipe GB United Kingdom SA Saudi Arabia US United States SN Senegal UM United States Pacific Islands SC Seychelles UY Uruguay SL Sierra Leone UZ Uzbekistan SG Singapore VU Vanuatu SK Slovak Republic VA Vatican City State SI Slovenia VE Venezuela SB Solomon Islands VN Vietnam SO Somalia WF Wallis and Futuna Islands ZA South Africa PS West Bank/Gaza Strip ES Spain EH Western Sahara LK Sri Lanka YE Yemen, Republic of SD Sudan YU Yugoslavia, Fed. Rep. of(serbia/Montenegro) SR Suriname ZM Zambia SZ Swaziland ZW Zimbabwe SE Sweden 22 Other Countries CH Switzerland XX International Organizations SY Syrian Arab Republic Total value of investment in long-term debt securities 0 TW Taiwan Province of China TJ Tajikistan TZ Tanzania TH Thailand TG Togo TK Tokelau Islands TO Tonga Providing a Variety of Investment Programs and Products in Saudi Riyals
In order to realize the object of the national economy in developing financial investment in all Saudi economic sectors and opening larger opportunities for the private sector to participate in such development, it is essential to find various investment means and channels to attract local investment and enable all categories of investors to diversify their investments such as to realize rewarding returns, strengthen such sectors and participate in the economic growth of the Kingdom.
SAMA, therefore, hopes the banks will play an effective role in this field by offering various investment products and programs in SR, including investment funds in SR, taking advantage of existing investment instruments, such as Government Development Bonds, Treasury bills and deposit certificates, and the creation of new instruments, successfully tested by advanced countries, which suit our national economy.
In order for SAMA to follow up on local investments in SR offered by local banks, we hope you provide us with regular monthly statements as per attachment form.
Regulating the Status of Public and Private Sector Employees Participating in National Events at Home and Abroad
This section is currently available only in Arabic, please click here to read the Arabic version.Regulations for Investment Funds and Collective Investment Schemes
In the past few years, there has been an increasing demand from small and medium size investors in Saudi Arabia for mutual and investment funds investing in the domestic and the international markets. With encouragement from the Saudi Central bank, Saudi banks compete with regional and international financial institutions by developing and offering many open-ended and closed-ended funds to the investors.
In light of these developments H.E. The Minister of Finance in his decision No. 3/2052 dated 24 Rajab 1413H has approved the Regulations for Investment Funds and Collective Investment Schemes that are offered by Saudi banks. These Regulations address a number of issues related to the establishment, operation and marketing of open-ended and closed-ended mutual funds. The objectives of the Minister of Finance and SAMA in issuing these Regulations are as follows:
To protect all investors.
To ensure that only well managed and reputable institutions with adequate capital offer these services.
To ensure that the quality of services and the efficiency of the market is enhanced and its credibility strengthened.
To promote the development of supervisory standards in the GCC region.
These regulations are comprehensive and self-explanatory. However, they are to be read and applied in conjunction with the policies outlined in this memorandum.
1. Role of Saudi Banks :
The SAMA's policy is to permit only Saudi Banks to offer such products and services to the public in Saudi Arabia. SAMA requires Saudi Banks to play the role of a Fund Manager. The Banks may also act as custodians, administrators and marketeers or they may delegate some of these functions to other financial institutions. Nevertheless, they must take full responsibility for the management of their Investment Funds and remain accountable to the public and the authorities in the Kingdom at all times.
2. Considerations for Granting Permission :
A. Organisational Capability:
In granting a Saudi Bank permission to establish and market such funds the Saudi Central Bank makes an assessment of its organizational capability and the managerial expertise at its disposal. Banks planning to offer these product must have the organization structure, the operational and accounting systems, and the decision making and control procedures that are essential for providing an efficient, cost effective and profitable service. The Banks must also have appropriate managerial talent and expertise for this area.
B. Capital Adequacy
Saudi Banks wishing to offer these services must be well capitalized and meet all regulatory and legal capital requirements. While such services are of a fiduciary nature and do not require an allocation of capital for credit risk, in practice a strong capital base provides comfort to investors and the regulatory authorities for any losses that may arise from management negligence or fraud.
C. Management Capability
An important factor in granting permission to a Saudi Bank is the competence and integrity of its management which is assessed against the following criteria :
Persons acting as managers should possess adequate qualifications to carryout their responsibilities including appropriate technical knowledge and skills.
Managers must have appropriate professional experience.
Such person must have probity and soundness of judgement commensurate with their positions.
Such Persons are expected to fulfill their responsibilities with diligence and to protect investors.
Further-more it is expected that a person managing such funds :
Has not committed an offence involving fraud or dishonesty.
Has not contravened or broken any laws or provisions in any jurisdictions that were aimed at protecting investors and depositors.
Has not engaged in any business practices that appears to SAMA as deceitful, oppressive or which reflect discredit on his methods of conducting business.
3. Funds to be domiciled in Foreign Jurisdictions :
From time to time for operational and other reasons, a Saudi Bank may wish to establish an investment fund outside of Saudi Arabia. In some instances this may be in the form of a separate legal entity. In such cases, the Saudi Bank is required to obtain SAMA’s approval prior to the establishment of such a fund. The bank should also ensure that it complies with the laws and regulations of Saudi Arabia and those of the relevant foreign jurisdiction.
4. Borrowings by the Fund :
In general the borrowings by a fund shall be limited to a percentage of its net assets value as agreed with SAMA at the time of establishment of the fund. These borrowings from the bank or from any other source shall be at the best available market rate. Funds derived from Repos activity shall be considered as borrowings. In determining the permissible borrowing level, Saudi Central Bank will consider the nature of the fund i.e open-ended or close-ended; the nature of underlying assets; and whether leveraging would be an important element of the investment vehicle. Loan for establishing the fund (the period of such loans shall not exceed twelve months from the date of the establishment) and short term borrowing to meet temporary shortages in liquidity shall be permitted.
5. Restriction on Investment Powers :
As indicated in Section 6 of the Regulations, SAMA shall issue guidelines to the Banks on the following restrictions on their investment powers. These shall be updated periodically to reflect the changes in the market conditions. Currently, these shall be as follows:
a. A fund shall not be permitted to invest more than 10% of its net assets in another mutual or investment fund. Further-more, such investments shall not exceed 15% of the net assets of the acquired mutual or investment fund. b. A fund shall not invest more than 1% in the outstanding capital of a Saudi company that is traded in the shares market. c. The exposure of a fund to a single counterparty or to a group of related counterparty or to a group of related counterparties shall not exceed 15% of its net assets value. d. Investment by a fund in a single equity or debt issue shall not exceed 10% of its net assets. These regulations and restrictions are to apply immediately from the date of this circular. Any existing investment and mutual fund that may be in non-compliance of these rule should identify any violations and discuss these immediately with the appropriate staff in the Banking Control Department of SAMA.
Regulations for Investment Funds and Collective Investment Schemes
Further to our circular No. BC/274 dated 3-12-1413H, regarding the rules organizing investment funds, which was issued by Ministerial Decision No. 3/2052 dated 24-7-1413 H,
We hereby attach the English version of such rules to be adopted and acted on accordingly.
Regulations for Trading and Redeeming Farmer Certificates
No: 161000000582 Date(g): 12/3/1996 | Date(h): 22/10/1416 Translated Document
Based on the letter from His Excellency the Minister of Finance and National Economy No. 11836/19 dated 14/10/1416H, approving the guidelines for trading and processing farmers' certificates, we inform you that SAMA has developed an automated system for recording these certificates and managing their ownership through the Saudi Share Registration Company using the settlement system. This system aims to regulate procedures for transferring ownership, pledging, or assigning these certificates. Therefore, we request adherence to the following procedures when a farmer presents a certificate of agricultural entitlements to the bank for discounting, assignment, pledging, etc.
Sale procedures must be followed according to Form (1), assignment procedures according to Form (2), and merger or division procedures according to Form (3), and the Bank is fully responsible for the correctness of the data contained in these forms.
The Bank shall fill out the statement of farmers' certificates according to form (Farmer 2-3) and send it along with the original certificates along with the above-mentioned forms after filling them out to the Saudi Share Registration Company in order to enter all their data in the database dedicated for this purpose.
Replacement notices as per form (3-7) will be issued to the new owners by the Saudi Share Registration Company containing the same data contained in the original certificate after completing the ownership transfer procedures and returning it to the bank for delivery to the new owner.
It is recommended that the Treasury Department or the Investment Department be responsible for managing these operations.
The bank shall provide SAMA with the procedures it will follow to implement these instructions as well as the names and signatures of those involved in these operations.
The transfer of ownership of agricultural dues certificates will be stopped two weeks before the maturity date for each category in preparation for the disbursement of their dues to their owners, and the value of the dues of these certificates will be disbursed on their maturity date to the beneficiaries after matching them with the information contained in the registry through some local banks that will be determined by the Ministry of Finance and SAMA in due course.
We have attached to this circular a sample of the original agricultural certificate issued by the Ministry of Finance and National Economy and samples of the signatures of those authorized to sign the certificates to be kept at the bank.
For your information and approval and informing your branches accordingly.
Form (1) Procedures for Selling Agricultural Certificates
The procedure is as follows:
- The farmer submits the original certificate to the bank along with a copy of the ID and the original for verification.
- The certificate holder fills out the Farmer Data Form (Form No. 2-5) himself, and the bank must ensure that the farmer's data is correct and matches the certificate.
- When the farmer agrees to the bank's price offer, he must fill out the sales contract (Farmer Form 2-4) and make sure that the data contained therein is correct according to the documents provided.
- After the contract is signed by the farmer, the bank employee verifies his signature and certifies it in the specified box, after which the bank employee issues a receipt to the farmer to receive his dues.
- At the end of the day, the bank employee fills out the list of farmers' certificates purchased by the banks (Farmer Form 2-3), along with the originals of the certificates and all contracts and forms that were filled out, in addition to copies of the sellers' IDs, and then delivers it to the Saudi Share Registration Company, which in turn signs it and hands the bank representative a copy of the statement showing the date of receipt of the new notices.
- The farmer must visit the bank according to the specified date to receive the value of the sale of the certificate, and the original receipt must be presented to the bank employee to confirm the identity of the recipient, in case there are no notes on the certificate by the Saudi Share Registration Company.
- Upon completion of the above steps, the agreed value will be delivered to the new owner.
(Note that the Saudi Share Registration Company charges a sum of one hundred riyals (100 riyals) from the buyer for each ownership transfer).
Form (2) Procedures for Waiver of Agricultural Certificates
The procedure is as follows:
- The farmer submits the original certificate to the bank along with a copy of his ID and the original for verification.
- The certificate holder fills out the Farmer Data Form (Form No. 2-5) himself, and the bank must ensure that the farmer's data is correct and matches the certificate.
- After verifying the certificate data, the bank provides the farmer with the first degree waiver document (Farmer Form 2-6) to fill it out and then verify the data contained therein based on the documents provided.
- The bank certifies the signatures of the waiver, after which the bank employee will issue a receipt to receive the new notice.
- At the end of the day, the bank employee fills out the statement of the relinquished farmers' certificates (Farmer Form 3-2), along with the originals of the certificates and all the contracts and forms that were filled out, in addition to copies of the sellers' IDs, and then delivers it to the Saudi Share Registration Company, which in turn signs it and hands the bank representative a copy of the statement indicating the date of receipt of the new certificates.
- On the date of receipt of the new notice, the bank employee will receive the original audit receipt and confirm the identity of the recipient in case there are no notes on the certificate by the Saudi Share Registration Company.
- Upon completion of the above steps, the new notice will be delivered to the new owner.
(Note that the Saudi Share Registration Company charges a sum of one hundred riyals (SAR 100) from the transferee for each transfer of ownership).
Form (3) Procedure for Merging/Splitting Agricultural Certificates
The procedure is as follows:
- The farmer submits the original certificate to the bank along with a copy of the ID and the original for verification.
- The certificate holder fills out the Farmer Data Form (Form No. 2-5) himself, and the bank must ensure that the farmer's data is correct and matches the certificate.
- After verifying the certificate data, the bank provides the farmer with a request to merge/split certificates of dues for farmers (Farmer Form 2-2) to fill it out and then verify the data contained therein based on the documents provided.
- The bank will validate the signature, after which the bank employee will issue a receipt to the farmer.
- At the end of the day, the bank employee fills in all the certificates to be merged or split in the total statement (Farmer Form 2-3), along with the originals of the filled-in certificates and forms, in addition to copies of the farmers' IDs, and then delivers it to the Saudi Share Registration Company, which in turn signs the form with the receipt and hands the bank representative a copy of the statement specifying the date of receipt of the new notices.
- On the date of receipt of the new notice, the bank employee will receive the original audit receipt from the farmer and verify the identity of the recipient, in case there are no notes on the certificate by the Saudi Share Registration Company.
- Upon completion of the previous steps, the new notice will be delivered to the farmer after his signature.
(Note that the Saudi Share Registration Company charges a sum of one hundred riyals (SAR 100) for each merger or split ownership).
Signature Samples
Signature Template for the Authorized Signatory on Payment Orders Issued by:
Entity name: ........................................................................................
Ext No: ........................................ Branch: ........................................
Full name: Fahad bin Abdullah Ahmed Al-Dakan
Job title: Director General of the General Department of Accounts.
Authorization decision number and date: 10758/19 and dated: 3/9/1416 H.
Amount authorized to sign: .............................................
Authorized signatory signature form for payment orders drawn from:
Entity Name: ........................................................................................
Ext. No.: ........................................ Branch: ........................................
Full Name: Abdullah bin Ibrahim bin Abdullah Al-Humaid
Job Title: Assistant Undersecretary for Central Services.
Authorization decision number and date: 10758/19 and dated: 3/9/1416 H.
Amount authorized to sign: ..................................................
Authorized signatory signature form for payment orders drawn from:
Entity Name: ........................................................................................
Ext. No: ........................................ Branch: ........................................
Full name: Saud bin Hamdan Al-Hamdan.
Job Title: Assistant Undersecretary for Financial Affairs and Accounts.
Authorization decision number and date: 10758/19 and date: 3/9/1416 H.
Amount authorized to sign up to: ................................................................
Requesting for a Quarterly Report Detailing Remittances According to Specified Categories
Saudi Central Bank would like to conduct a general survey of monthly transfers abroad in order to prepare the Saudi balance of trade. We call on you to provide us with a quarterly report with details per following categories and in accordance with the attached form :
1- Transfers by Workmen : Meaning all transfers made by expatriate workmen (by SWIFT or otherwise) indicating the number and value of the transfer for each country listed in the form.
2- Contractors Transfers : Meaning all transfers made by foreign contractors, indicating the number and value of the transfer to each country listed in the form.
3- Transfers for the purpose of travel and tourism : Meaning all transfers made by Saudis and non-Saudis for this purpose with their number and value for each country listed in the form.
4- Other transfers : All transfers not covered by the three above purposes
The value of the transfers should be quoted in SR each quarter starting 1-3-1995 A.D.
STATEMENT OF FOREIGN CURRENCY TRANSFERS ABROAD
Country
Foreign Workmen Transfers
Foreign Contractors Transfers
Travel & Tourism Transfers
Other Transfers
Gross Total
No. of Transfers
Value of Transfers
No. of Transfers
Value of Transfers
No. of Transfers
Value of
Transfers
No. of Transfers
Value of Transfers
No. of Transfers
Value of Transfers
Egypt
India
Pakistan
Yemen
Philippines
Sudan
Bangladesh
Jordan
Syria
Indonesia
Lebanon
South Korean
Turkey
Sri Lanka
Thailand
France
Others
Totals SAMA Requirements Regarding Offers of and Financial Data Disclosure on Mutual Investment Funds
Reference our circular No. BC/274 dated 3-12-1413H in connection with rules regulating investment funds, and Ministerial Decision No. 3/2052 dated 24-7-1413 H attached thereto, which approved the rules regulating investment funds in local banks, as per the forms contained in the Decision, specifically article (5-b), which provides for the publication of financial statements concerning investment funds, and article (6) paragraph (5), which requires fund managers to provide SAMA with fund statements according to the forms and dates specified by SAMA,
We hereby attach financial statement forms and supplementary schedules pertaining to mutual investment funds, along with guidelines to be used by the bank in preparing such financial statements and schedules, in accordance with relevant accounting standards specified by SAMA with regard to the financial position of the bank. In order for the banks to provide investors with accurate and comparative information regard the periodic financial statements of the mutual investment instruments, the bank has to comply with the following instructions.
Licensed auditors, to audit all the statements of mutual investment funds offered to the public, must be appointed while at the same time they act as the bank's auditors.
Outside auditors must be consulted on whether the financial statements and supplementary schedules truly reflect the financial position of the funds that have been audited and are in accordance with generally accepted accounting principles.
The preparation of periodic financial statements and supplementary schedules must be done in accordance with the requirements set forth in the attached form.
Publishing the financial statements and supplementary schedules within 120 days from the end of the fiscal year at the latest.
Publishing non-audited financial statements and supplementary schedules on a semi-annual basis, as a minimum, within 60 days from the end of the period.
We hope you apply these instructions to all mutual investment funds whose fiscal year ends 31 December, 1993 and thereafter.
SIMAH
Further to SAMA Circular No. MASH 516 dated 23/9/1426H corresponding to 26/10/2005G relating to the regulations for consumer credit, specifically Articles (3 and 4) relating to the confidentiality and privacy of customer information and information that must be covered by consumer finance agreements and related guarantee agreements.
We inform you that SAMA has noticed, through its recent survey on consumer finance agreements concluded between the bank and the borrower, that the information that these agreements must contain does not include some necessary information, such as obtaining the borrower's consent to include his data in the database of the Saudi Credit Bureau (SIMAH) and exchanging it immediately after approving the loan, as well as the Central Bank of Egypt misusing the SIMAH database for purposes other than granting credit when requesting inquiries, in addition to that some Bank employees still refer to customers that their names are still on the blacklist or (C-List), which increased the number of complaints received by SAMA by bank customers in this regard, knowing that this list was cancelled and transferred to SIMAH's database.
Accordingly, SAMA calls upon all members, owners and non-owners who have signed membership agreements and business rules with the Saudi Credit Bureau (SIMAH) to abide by the content of this circular and comply with it, as follows:
- The information that must be included in consumer finance agreements should include obtaining the borrower's consent to provide the credit information base (SIMAH) with his credit information immediately after the issuance of approval to grant financing from the bank, and obtaining the borrower's consent to exchange his credit information between officially registered members of SIMAH in the event of a service request by one of the members.
- Full compliance with the business rules and the membership agreement signed with the Saudi Credit Bureau (SIMAH) with regard to the rules of banking confidentiality and the preservation of customer data, including not to misuse SIMAH's database for purposes that are not allowed at all, and that the customer inquiry is only for the authorized purposes, which are for the purpose of granting him credit facilities, noting that there will be inspection tours by SAMA periodically to ensure the extent of banks' commitment to this.
- Emphasizing on the Bank's collection department staff to educate bank customers from non-performing borrowers about the consequences of repaying the outstanding amount of the loan, whether in whole or in part, and that the customer's credit history will show a specific phrase according to the settlement status "full repayment" or "partial repayment" and therefore this matter may affect the customer's credit history negatively / positively and his creditworthiness in the event that he wishes to borrow again.
- Emphasizing on the employees of the head office or branches who have direct contact with customers not to refer at all to the blacklist or the (C-List), and customers should be educated that there is a credit record for each customer in SIMAH's database that includes all historical credit transactions of the customer, whether negative or positive, and based on this information, the bank studies and estimates the customer's eligibility for a loan.
SME Financing Guarantee Program (Kafalah)
In reference to the Kafalah Program for Financing Small and Medium Enterprises and the meetings held between representatives of the program from the Saudi Industrial Development Fund and representatives of SAMA and local banks, through which all points and observations raised by banks on the program's work procedures were discussed and addressed, and at the end of the meetings, an agreement was reached on all the items under discussion and each bank signed the agreement of the Kafalah Program for financing small and medium enterprises.
In view of the importance of this program and its expected contribution to the prosperity and growth of small and medium enterprises in particular and the national economy in general, SAMA hopes that banks will urge their branches to receive applications from those wishing to obtain financing and benefit from the program and follow up on this periodically.
Some Local Banks Allowing Foreign Banks to Open Accounts Outside KSA for their Clients and to Market Banking Services to these Clients
Saudi Central Bank has lately noticed that some foreign banks and companies are conducting banking operations in the Kingdom through local banks that enable them to open accounts outside the Kingdom for the local bank clients and market banking services for such clients.
In view of the fact that such practice by the foreign bank is in violation of the provisions of the Banking Control Law promulgated by Royal Decree M/5 dated 22-2-1386, and since such violation cannot occur without the assistance of the local bank to the foreign bank, we hereby inform you that local banks have to stop any such operation, if any, and promptly advise us.
Statement of Facilities Provided for Financing the Purchase of Shares
Reference our circular No. 559/BC/382 dated 28-11-1412 H, regarding consolidated statement of facilities granted for the purchase of shares pursuant to article (17) of the Banking Control Law,
We wish to inform you that Saudi Central Bank would like you to submit this statement on a quarterly, rather than on monthly basis, starting the beginning of 1996 A.D. We hope to receive the March statement seven days after the end of the month and to follow this procedure until further notice.
(Form)
Statement of Facilities Granted by Bank for Financing The Purchase of Shares
Borrower Facilities for purchase of shares in millions of SR Kind of guarantee presented Number of mortgaged shares, kind and value Remarks Decided Outstanding Number Kind of share (name of Bank or company) Market Value of share Abdallah Mohammed
Abdallah
9 5 Share-Others 12,500 SABIC 450 Total Technical Report on Accounts Study
Further to our Circular No. 8323/CT/97 dated 22/3/1425 H on the controls of studying and disclosing accounts and preparing technical reports related to this study.
We inform you that the Central Bank, in coordination with the Financial Investigation Unit, has prepared a standardized Form for the Technical Report on the Study of Accounts (attached) that contains all the requirements to be completed by the banks, provided that the study period is for a full year unless otherwise stated in the study request.
Therefore, we hope that all banks will comply with the completion of the required data and work according to this template and adopt it in all requests for the study of accounts received from the Central Bank to banks.
Term of Power of Attorney
This section is currently available only in Arabic, please click here to read the Arabic version.The Amendment of Article (9) of the Precious Metals and Stone Regulations
According to the Decision of HE the Minister of Commerce No. 5190 dated 24-11-1407H, article (9) of the Precious Metals and Stone Regulations was amended to read:
"The Owner of the shop shall be responsible for all items in his shop which are subject to these Regulations. If he is requested by the official authorities, he has to prove the source of the item. He shall be forbidden to buy these items from unknown, minor or suspicious persons. He shall also be forbidden to manufacture, sell, display or own for sale the following items:
d) Copied coins and medals issued by official authorities inside or outside the Kingdom. But he is allowed to mint and sell coins, which are no longer minted by their state or no longer are its official currency, provided the copy is exactly identical to the genuine coin in standard, weight, size, form and design and stamped with the actual standard and mark of its manufacturer or importer.
h) Worked items of preciou sstones and metals mounted by any form of copied coins and medals, with the exception that something similar to the Saudi pound may be mounted on worked items provided;
1. The standard is identical to the standard of the worked item.
2. Its weight should not exceed two grams.
3. One of its sides should be flat.
f) The import of genuine foreign gold and silver coins and medals is allowed provided they are bought from their country of origin or from an authorized bank".
Saudi Central Bank calls on you to comply with these instructions, notify your branches accordingly and acknowledge receipt. Representatives from Saudi Central Bank have been appointed to follow up the implementation of these instructions.
The Increase in Counterfeiting Incidents and the Advancement of Methods Used
In view of the increase in fraudulent schemes in the field of currency counterfeit and the sophisticated methods used for that; and
In our desire to prevent the smuggling of such counterfeit currency to the Saudi banking sector; and
As a part of its role in combating currency counterfeit operations,
SAMA has conducted field visits to the banks, passed its remarks to the banks and conducted a survey of machines available in the market or used by some local banks.
Pursuant to previous SAMA instructions which required banks to have machines that detect counterfeit currency before depositing same in the coffers of banks and money exchangers, it has been decided as follows:
Each bank and money exchanger must have currency examining machines in each branch and with each cashier.
Each machine must have at least the following sensitivities: security line sensor, paper thickness sensor and ultra violet rays.
Each machine must have the following technical specifications: speed of counting, adequate size to be placed next to the cashier and seen by the client and to be easily operated.
The machine must be equipped with a screen which indicates the reason for rejection.
The screen must indicate the total of each package, the total of the whole operation and the daily grand total.
We call on you to comply with these instructions within 6 months from the date of this circular and promptly inform SAMA of steps made in this respect.
The New Templates for Letters of Guarantee and Requests for their Extension
Reference circular No. BC/251 dated 4-7-1411H related to new letters of guarantee forms and their extensions; and
In view of the fact that guarantees required by the Customs Department from importers to settle due customs duties are of a special nature, and applicable letters of guarantee do not meet the requirements of the Customs Department, Saudi Central Bank has studied this subject and proposed the introduction of a new credit instrument to the banking sector, namely 'The Warranty' as per attached form which was approved by HE the Minister of Finance & National Economy in his letter No. 12/6593 dated 19-8-1413H addressed to the Director General of Customs to adopt the attached form for the purpose of guaranteeing the payment of custom duties from importers.
Saudi Central Bank, therefore, would like you to adopt the attached Warranty form as a replacement to the bank guarantee requested by Customs from importers as a guarantee to settle custom duties, to the exception of any other purpose or in favor of any other agency without written authorization by Saudi Central Bank.
This Warranty shall be subject to all banking rules and principles, other than the special terms contained therein. Banks have to prepare forms for this Warranty pursuant to its nature and terms and the protection of banks against the guaranteed client, specially that paragraphs (2) and (3) of the Warranty commit the bank to extend the Warranty with no recourse to the guaranteed person and to pay the value of the Warranty to Customs by crediting its account with Saudi Central Bank on the day directly following the dated of expiry of the Warranty or any extension thereof, if the bank does not receive an extension request, without recourse to the guarantee party and notwithstanding any objection thereby.
Head Office
Banking Control
Directorate General of Customs Control
Warranty No._______________
HE the Director of Customs
Peace be upon you,
We..............................Bank unconditionally and irrevocably guarantee by this Warranty our clients Messrs………………….for payment of SR(only.................Riyal Saudi), as customs duties due to the Customs Department from…………………..according to the following terms and conditions:
1).
To pay you immediately and upon your request during the effective term of Warranty, or any extension thereof, notwithstanding any objection by our guaranteed party or any other party, an amount not to exceed that stated above by crediting your account with Saudi Central Bank.
2).
To extend this Warranty upon your request, with no recourse to our guaranteed client and notwithstanding any objection thereby, according to its term and amount, for equal or shorter periods, such as no extension shall be more than 365 days from the original expiry date of the Warranty or any extension thereof.
3).
To pay you the amount of this Warranty in full without recourse to our guaranteed client and notwithstanding any objection thereby by crediting your account with Saudi Central Bank immediately on the following day after the expiry date of the Warranty or any extension thereof, if a request of extension is not received by us during the effective term of this Warranty.
4).
Any payment made hereunder shall be made clear and free of and without deduction for or on account of any present or future taxes, levies, imports, duties, charges, fees, deductions or withholdings of any nature whatsoever by whomsoever imposed.
5).
The covenants herein contained constitute unconditional and irrevocable direct primary obligations by us and shall not be waived by us for any reason of whatsoever nature and source.
6).
This Warranty shall remain in full force and effect until the end of day month year.
7).
Any dispute related to this Warranty shall be referred to the competent Saudi authorities pursuant to Saudi regulations, decisions, rules and instructions.
The Bank
Authorized Signature.
The Quarterly Statement on Consumer Lending
Reference the quarterly statement on consumer lending and based on what we have noted through our review of the previous period and inquiries from some banks, we wish to inform you that new controls have been established for this kind of lending. The statement has also been amended as per the attached amended form. We call on you to fill out the form with all accuracy in accordance with the following:
1. Definitions
1. Consumer Lending : Means loans to clients for purchasing tangible or intangible consumer goods (cars, furniture, real estate, medicines and the like) provided that they do not use these loans for commercial purposes and that repayment is in line with the borrower income. This does not include the financing of buying shares.
These loans are classified as follows :
1-1 Real estate loans (purchase, repair, furnishing et...)
1-2 Loans for purchasing cars, equipment and appliances.
1-3 Other personal loans, including all personal and consumer items that are not included in 1-1 and 1-2
2. Credit card loans : means the facilities granted through credit cards, excluding debit cards.
3. Loans to employees, which include :
3-1Loans to bank employees
3-1-1 Employees of high management
3-1-2 Other employees.
The employees of high management shall be defined according to the bank classification.
3-2Loans to the employees of private sector establishments and companies, as per specific agreements concluded by the bank and the private sector, whereby the salary of the employee is transferred to the bank, along with other procedures to guarantee repayment.
2. General Controls
The bank must provide SAMA, at the end of each fiscal year, of its policy regarding the calculation of doubtful personal and consumer loans, such as when is the loan considered doubtful and is written off.
The bank must classify as "doubtful' all personal and consumer facilities, credit card loans or employee loans that fall 180 days behind their maturity date and transfer the commission thereon to an outstanding account.
Before granting any such credit facilities the bank must make sure of the credit standing of the client through available means.
The statement must be submitted quarterly within 10 days from the date of its preparation.
3. Guarantees
- The bank may ask for any adequate guarantees it deems fit to protect its rights, in accordance with applicable rules and regulations.
PERSONAL & CONSUMER LOANS
AS OF ........................................
(All Amounts in, 000)
1997
1998
W/O
Provision
Non Performing Loans No. of Cust. Amount
Amount
No. of Customers
W/O
Provision
Non Performing Loans No. of Cust. Amount
Amount
No. of Customers
1Consumer Lending
1.1 Real Estate, Housing, Furniture etc
1.2 Cars & Other Equipment
1.3 Other Personal Loans
No. of Cards
2Credit Card Loans
==
2.1 Visa
==
2.2 Master Card
==
2.3 Others
No.of Customers
3Employees Loans
==
3.1 Bank's Staff (Senior Management)
==
3.2 Bank's Staff (others)
==
3.3 Corporate Staff Loan Packages
Total (3+2+1)
1997
1998
Amount
No. of Cust.
Amount
No. of Customers
Maturity Statement
Personal & Consumer Loans ( 1+2+3)
One year & Less
One Year - Three Years
Three Years & Above
Name ..............................
Title ..............................
Sig ...............................
Date ................................
Deputy Governor
BCS/727/13741
Date : 12/9/1418H
10 January 1998
Circular
From : Saudi Arabian Monetary Agency
To : All Saudi Banks
Attn. : Managing Directors and General Managers
Sub : Exposure to South East Asian Countries
In light of the present conditions in the financial markets in the South East Asian countries it is important that Saudi Banks monitor their exposures to counterparties from this region and develop strategies to manage and control their risks.
In this regard SAMA requires that all Saudi Banks should provide it with a weekly update on their exposures to countries and counterparties in this region in the format attached, as Appendix I to this Circular.
These reports are to be prepared as at the end of each week commencing Friday 9 January 1998 and should be submitted to SAMA by the following Sunday. This reporting will continue until further notice.
If you need any further information please call Mr. Fahad Al-Mufarrij (466-2305)
Best Regards
Jammaz Al-Suhaimi
Appendix I
Format of Report on Exposure to South Asian Countries
Transfer Risk Rating (S&P, others) Outstanding Limits Name * Location of Exposure (Where Exposure is to a legal entity incorporated in another than the parents country the exposure should be shown seperately ) By country * Country * Country By counterparty * Counter Party * List by counter Party * Country - Banks - Banks - Banks - Non-banks - Non-banks - Non-banks _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Total of Summary outstanding by location of counterparty
________________
Summary of outstandings by Ratings i.e.
Exposure AAA
AA
AA
etc
________________
(These should be broken down as follows :
- placements
Investments
others
Total on balance sheet
-Total off balance sheet
-Credit Risk equivalent)
(These should also be broken down by maturity profile as follows:
-less than 90 days
-90-180 days
-180-360 days
-over 1 year)
(Type of collaterals and guarantees)
Verifying the Identities of Individuals Dealing with Banks
Re SAMA circulars in connection with checking the identity of bank clients, and since subscription applications offered in a public placement is considered a banking operation covered by such circulars, Saudi Central Bank wishes to emphasize on banks and their branches to take part in the subscription operation by checking the identity of bank clients and implementing the conditions and instructions set forth in subscription applications.
To avoid laxity of some bank branches in complying with such instructions, we call on you to notify all your branches to comply with the following:
I - To verify the identity of the subscriber and match the ID copy with the original. II - Not to accept powers of attorney and authorizations for more than ten people, for non-subscriber family members, whether the principals are mentioned in one or more than one identification document. Please be informed and stress on all your branch managers to implement such instructions. Saudi Central Bank shall follow up this matter.
Warnings From the International Monetary Fund Regarding the Misuse and Misleading Representation of the IMF's Name by Private Financial Institutions
In his letter to SAMA, HE the Saudi Executive Director of the International Monetary Fund ('IMF'), based on the news issued by the Foreign Relations Department of IMF, warned against the use of the IMF name by some private financial institutions in marketing investment instruments in a misleading and damaging way.
In answer to queries about the IMF sponsoring or guaranteeing of some high-return financial investments, IMF has affirmed that it does not practice such activities and that it deals only with the governments of member states directly through financial agencies designated by the concerned government for this purpose.
Please be informed.
Writing the New Gregorian Calendar date
Due to the receipt of some inquiries by some local banks regarding the beginning of the new millennium (year 2000), and their request for clarification on how to write the date of the new Gregorian year in official papers such as contracts and various commercial papers, and whether it is sufficient to write the first and second digits only from the date of the year (.. G for the year 2000, 01 G for the year 2001 G) similar to the previous years 98 G - 99 G, or is it necessary to write the entire date of the year (such as 2000 G, 2001 G).
Therefore, SAMA in the light of the study and survey that was carried out in this regard, believes that banks should be committed to writing the date of the year 2000 in full in all their correspondence and banking, accounting and legal documents (for example, 30/4/2000) in order to unify the method used and to prevent any diligence in this regard, and we hope that all your branches should adhere to this and inform customers to use this method in all their dealings with the bank.
Deposit Protection Fund Premium
Description Total deposits at the end of the Quarter Total Deposits at the beginning of the Quarter Deposits of up to SAR 200,000 Deposits of above SAR 200,000 Total Deposits of up to SAR 200,000 Deposits of above SAR 200,000 Total No. of depositor Amount No. of depositors Amount No. of depositors Amount No. of depositors Amount No. of depositors Amount No. of depositors Amount A. Total Deposits Less: Following Categories of Deposits: i) Saudi government and quasi- government institutions ii) Banks and financial institutions iii) BoD, senior management (including family members) iv) shareholders holding in excess of 5% shares in the Bank v) Any other deposits not covered as Eligible Depositors [under Section 1(vi) of the DPF Rules]-Please specify B. Sub-total of (i) to (v) above C. Total Eligible Deposits (A - B) Calculation of Quarterly Premium: I. Eligible Deposits at the beginning of the Quarter: II. Eligible Deposits at the end of the Quarter: III. Quarterly Average of Total Eligible Deposits IV. Total Premium Payable for the Quarter [111 x 0.0125%]: Name of MD/CEO:
Signature:
Approval of Pilgrim Identification Letter Template
SAMA has received the letter of HE the Minister of Finance & National Economy, No. 3/12046 dated 12-11-1418 H, based on SAMA letter No. 230/BC dated 27-1-1418 H and referring to the cable of HRH the Minister of Interior and Chairman of the Higher Hajj Committee No. 29/73271 dated 6-11-1418 H, addressed to HE the Minister of Hajj, regarding SAMA's remarks about the new ID given to pilgrims: One of such remarks is that the signature of the pilgrim on such ID is not required and its validity is not limited to Holy Mecca and Madina.
You are required to adopt the attached new ID form to identify the pilgrim before banks and money exchangers.
The Importance of Knowing the Status of Money Transfer Companies and Agencies Operating in the Kingdom and Linked to a Number of Local Banks
Employment and Training of Students During Summer Vacation
Based on Article VI of Ministerial Resolution No. 503 dated 17/11/1418 H issued by the Ministry of Labor and Social Affairs and based on the Royal Decree No. 7/2/2942 to establish binding arrangements for the admission, employment and training of students during the summer holidays.
SAMA hopes that the Bank will cooperate in this important issue and make the necessary arrangements for the employment and training of students in their spare time in order to qualify them and preserve their time and in line with the High Directives to qualify Saudi youth for the benefit of them and their country.
Guidelines Regarding Women in the Workplace
This circular is currently available only in Arabic, please click here to read the Arabic version.Bank Representatives Before the Dispute Settlement Committee
According to a letter received by SAMA from the General Secretariat of the Committee for the Settlement of Banking Disputes No. 198/MI, dated 8/4/1420H, some banks are still appointing their non-Saudi employees to represent them before the Committee. It is also noted that some of these banks have not yet trained Saudi cadres to replace foreign employees in legal positions that require the participation, on behalf of the bank, in negotiations, investigations and litigation.
Consequently, and in compliance with the decision of the Council of Ministers No. 30, dated 9/2/1420H which generally forbids the appointment of a foreigner to litigate within the Kingdom, and to achieve the objects contemplated in that decision, we kindly request you to comply with that decision and to limit your representation before the Committee for the Settlement of Banking Disputes to your Saudi employees or licensed attorneys.
For your information and compliance.
Formation of a Committee for Overseeing Credit Facility for Government Ministries
Referring to SAMA Circular No. BCL / 224 dated 5/7/1407 H, attached copy of which is attached and based on the letter of His Excellency the Minister of Finance and National Economy No. 17/222 dated 19/6/1407 H, which includes that it is not permissible to collect the debt of a government entity incurred by a contractor from a final guarantee provided by him to another government entity.
We inform you that SAMA has received the letter of His Excellency the Minister of Finance and National Economy circular No. 42/6477/13 dated 14/2/1420 H based on the telegram of the High Commissioner No. 3/B/17815 dated 5/12/1407 H approving the proposal of the aforementioned ministry to form a committee of experts in the Council of Ministers, the Ministry of Finance and National Economy and the Board of Grievances to study the regularity of collecting the debt of a government entity resulting from a contractor from a final guarantee provided by him for another project, and where the committee concluded that the guarantee issued by the bank is linked In the process for which the guarantee was issued, and therefore no government entity other than the contracting party is entitled to request execution on the value of the guarantee to fulfill a right other than the process for which the guarantee was issued, which is consistent with the conclusion of the Ministry of Finance and National Economy in its circular No. 17/222 dated 19/6/1407 H, and therefore the Ministry confirms what was stated in its aforementioned circular.
For information and action, we hope to inform your branches for approval.
Age of Vessels As Per Letters of Credit
SAMA has received a letter from HE the Acting President of the General Port Authority No. 34/2079 dated 3-8-1419H regarding the provision in letters of credit that the age of cargo vessels should not be over 15 years and that this provision is not applicable to container vessels. HE advised that the General Port Authority circular No. 13623 (30)-8/18 dated 26-8-1981 A.D, on which banks relied to include such provision in letters of credits, did not include any conditions for vessels coming to the Kingdom and did not require the letter of credit to include any specific provisions. It only indicated that some banks were in the habit of including such provisions in compliance with seaports instructions.
Since paragraph 8/3/3 of Part I of the Sea Ports Rules requires the vessels that are over 15 years of age to examine the equipment thereon and since container vessels, roll-on vessels and bulk vessels do not have such equipment, the rules and instructions of sea ports did not stipulate any condition with regard to the vessel age.
Since SAMA sees no justification for this provision to be included in letters of credit, in compliance with the contents of General Port Authority letter afore-mentioned, it is therefore convenient to remove this provision.
Not to Request the Client's Work ID Card and Retaining ID Copies
SAMA has received the letter of HE the Minister of Finance & National Economy No.3/S/6405 dated 17-6-1419 H, together with a copy of a cable from HRH the Minister of Interior No.1/ASH/6694/2 dated 13-6-1419 H, referring to a report raised by HE to HRH the Governor of Assir in which it was noted that some banks and commercial firms are asking a person who needs their services to hand over his employment permit and then photo copy same and keep the copy.
Since some of those are military people and have to submit their permits which contain their name, the name of their military unit and the name of their commander, such a measure constitutes a security risk. Furthermore, some firms are taking the ID and keeping it, in violation of issued instructions in this regard. The cable of HRH contained instructions that the photocopying of the ID is sufficient with no need for any other identification evidence. HE the Minister of Finance & National Economy required the circulation of such instructions to all banks and licensed money exchangers to act accordingly.
Hence, we call on you to abide by these instructions and notify your branches to do the same.
Directing that No Brochures or Stickers Containing a Map of KSA May be Printed Without Prior Approval from the Ministry of Interior
SAMA has received a copy of the circular letter of HE the Minister of Finance and National Economy No. 3/5338 dated 16-5-1419H, attached thereto a copy of a circular from HRH the Minister of Interior No. A/5180/2 dated 8-5-1419H, which forbids the printing of any booklet or poster that contains the map of the Kingdom or information about its borders with neighboring countries without the approval of the Ministry of Interior (the Coast Guard).
Please be informed, comply and notify your branches accordingly.
Stamps or Writing May Not be Placed on Title Deeds
It was noted that some banks stamp the title deeds offered to them with the bank's stamp, violating the Real Estate Development Fund's circular No. 32262 dated 21/9/1410 H by not putting stamps or writing on the title deeds.
His Excellency the Acting Minister of Justice, in his letter No. 12/37619/18/Kh dated 20/8/1418 H, asked His Excellency the Minister of Finance and National Economy to confirm who is obligated not to stamp or write on any of the title deeds.
Therefore, we hope to abide by the directives of His Excellency so that the bank or any of its branches will not write or stamp any of the title deeds in the future.
To inform and act accordingly and inform your branches.
Start Operations of Saudi Telecommunications Company
The Ministry of Finance and National Economy has informed SAMA, through the letter of HE the Minister No. 4/7241 dated 19-12-1419 H, that the Saudi Telecommunications Company ('STC') will start operations on Saturday 6-1-1419 H as per MOPTT circular No. 42 dated 25-12-1418 H. Consequently the Ministry of Finance and National Economy is asking SAMA to notify all banks of terminating its agreements with the banks regarding the collection of telephone bills.
Please be informed and approve the termination of such agreements signed by the Ministry of Finance and National Economy, as requested thereby.
Organizing Training Courses for Employees of Government and Private Sectors on First Aid in Collaboration with the Red Crescent Society.
SAMA has received a letter from HE the Acting President of the Saudi Red Crescent Society No. 386/12 dated 22-1-1419H, saying that one of the functions of the Society is to enhance training on first aid. It has sponsored a number of training courses for groups of government and private sectors employees, the total number of trainees in these courses was 14,870 until the end of 1418. The Society had a special experience with banks where 49 bank employees were trained.
The Society proposes that first aid skills should be a basic requirement for security people in banks and money exchange firms operating in the Kingdom, and that they have to enroll their employees in such courses given by the Society at its training centers throughout the Kingdom against a symbolic fee to cover the course expenses.
SAMA supports this initiative and calls on banks to cooperate with the Society in this regard.
Please be informed and notify your branches accordingly.
Certificates of Origin
SAMA has received the letter of HE the Minister of Finance & National Economy No.29/10659 dated 27-9-1418H, based on a cable from the Foreign Ministry No. 96/34/22947/1 dated 5-7-1418H. based on a letter from the Office of the Council of Ministers No. 366/8 dated 28-6-1418H, advising that the Council of Ministers has approved in its session on 19-6-1418 the following decisions of the Council of Ministers in its 63rd session on 25-1-1418H:
The approval of the updating of the certificate of origin for industrial products in the form approved by the Financial and Economic Cooperation Committee in its 45th meeting on 18-1-1418, leaving it up to the members to print the form in the size that suits their needs. However, the members can keep using the old forms until totally consumed before typing the new form because the two forms use the same basic information. The Secretariat General shall circulate the new form of the certificate to all members.
The approval of the decision taken by the Finance and Economic Cooperation Committee in its 45th session on 18-1-1418 to the effect that certificates of origin from the Gulf states do not have to be certified, for goods that do not meet the qualification conditions, by embassies and consulates in the GCC countries.
Please act accordingly.
U.S- Saudi Arabian Business Council
Re SAMA circular No. BCP/441 dated 18-6-1418H regarding the US Saudi Arabian Business Council, Saudi Central Bank has received some inquiries about the name of the Council in English, and Saudi Central Bank hereby gives you the name in English as follows:
U. S. - Saudi Arabian Business Council
Riyadh office - Al-Malaz / Ahsah Street
P.O. Box 5927, Riyadh 11432
K.S.A.
Phone : 4767913 /4762554/4762697
Fax : 4767167
The Address in Washington DC Office (USA):
1401 New York Av, N.W., Suite 720, Washington DC 20005 USA
Tel.: (202) 6381212
Fax: (202) 6382894
Email: ussaudi @ us - saudi- business.org
Web Site : http://WWW.us-Saudi-business.org
Deposits and withdrawal Operations for Local Banks
Whereas the application of the SARIE system has started as of 8-1-1418, we wish to inform you that the operations of deposit and withdrawal of cash by local banks must be effected through the Treasury system, to the exception of the draft system (unless in the case of withdrawal by check or letter), as follows:
In case of withdrawal by check or letter, the current procedures shall remain applicable.
If the SARIE system is used, SSIPAY incoming messages from SARIE, containing the amount, name of bank representative and his ID data, shall be considered the basic disbursement document (as a substitute for check or draft letter). Inquiries about the printing of such messages shall be done through Function 91-170 'incoming messages' and Function 15-315 'Banks cash payments' shall be used to confirm withdrawal. Payment shall be effected by a disbursement document setting forth the operation number and date of the operation, the UTI number, the name of the bank representative and his identity, approved by the branch official and signed by the bank representative.
The Function 15-310 'banks cash receipts' shall be used to confirm the deposit of the amount delivered by the bank.
The Circulation of Documents Issued by Certain Foreign Institutions by Some Citizens and Residents, Which Involve Fraudulent Activities
We refer to our previous circulars, the last of which was BCP/723, dated 21-12-1416H. whereby we requested you not to issue checks in favor of companies and establishments that organize and manage gambling, under any name or form, or in favor of people who cooperate with them, and not to facilitate any work for those who desire to participate therein.
We wish to inform you that SAMA has received the letter of HE the Minister of Finance and National Economy No. 3/12300 dated 10-11-1417H, based on the circular of HRH the Vice Minister of Interior No. 16/ 73660 dated 3-11 -1417H, about the trading of some Saudi citizens and residents in instruments issued by foreign institutions under the form of lottery and fraud (such as, good luck, marhaba. the rocket dollar contest) which involves illegal stealing of people's money and misleading them. This is outlawed by Islamic Shariaa because it involves both usury and gambling which are banned by Islam.
We urge you to instruct all your branches not to issue banker checks in favor of such companies and establishments or to those who cooperate with them and not to facilitate the work of those who desire to participate in such operations, or make any transfer for this purpose. You are required to notify the security authorities of any such operations. Those who deal and participate in these operations shall face the penalty of gambling.
Accepting Payments for Service Bills
SAMA received the letter of His Excellency the Minister of Finance and National Economy No. 4/10501 dated 16/9/1417 H. Regarding the large number of observations on some banks that they continue with violations by paying bills to those who have a bank account only or specifying one period for payment.
We hope to alert your specialists to the need to accept payment of service bills (telephone, electricity, water) from all subscribers without exception in the morning and evening periods and not to link the acceptance of payment to the existence of a subscriber's account with the bank, and to abide by what was stated in the agreement concluded with you in this regard, otherwise SAMA will take negative measures against any violation that may be received in this regard, for information.
Determination of Working Hours for Civilian Security Guards
SAMA has received a letter from the Director General of General Security No. 3/561/1 dated 19-3-1417H informing us that the Ministerial Decision No. 142 dated 21 -9-1416H has fixed the working hours of civil security guards at 8 hours a day, reduced to 6 hours a day during the holy month of Ramadan, in view of the fact that the nature of the civil security guard work differs from that of the ordinary guard.
For your information.
Mobile Phone Service
SAMA has received a cable from HE the Deputy Minister of MOPTT for Operation and Maintenance No. 1014/Sh.M.A/7 dated 19-11-1416 H regarding the agreement concluded between the banks and the Ministry of Finance & National Economy to collect telephone and telex invoices on behalf of MOPTT. Saudi Central Bank was asked in this cable to stress on banks which had signed this agreement to accept payment of GSM telephone bills from all subscribers, and to set the connection fee (SR 3,500) aside from regular fees when deposits are made with Saudi Central Bank.
Please advise your people in charge to comply with the above.
Compliance Reports Items - 2018
This section is currently available only in Arabic, please click here to read the Arabic version.Major Acquisitions
A Bank must seek prior no objection from SAMA in the following instances (as enumerated within Banking Control Law 1966 and relevant circulars):
Any proposed restructuring, reorganization or business expansion (through acquisition and or merger and or investments within the Kingdom or overseas) which could have an impact on the Bank’s risk profile or resources, including, but not limited to:
a) Activities prescribed in Article 10 and 11 of the Banking Control Law 1966; or b) substantial change or a series of changes in the management and or legal status of a Bank; or c) commencing the provision of a new type of product or service (whether in the Kingdom or overseas); or d) entering into, or significantly changing, a material outsourcing arrangement as governed by SAMA Rules on Outsourcing issued in July 2008
Banks are to note that in reviewing requests for no objection by Banks, SAMA assesses acquisitions against a number of criteria such as: strategic rationale and business plans: funding and impact on capital; group structure and corporate governance including integrity and probity of management; risk management systems etc.
When assessing new investment and acquisition proposals, SAMA considers the risks to the institution and the effect on supervision. No approval will be given if SAMA does not consider the Bank to have adequate financial and organizational resources or if SAMA considers that supervision will be hindered.
Banks are required to seek SAMA no objection by submitting written proposals duly enumerating all the relevant information required by SAMA to assess each proposal, such request to be submitted to SAMA Bank well in advance (at least 30 business days for domestic and 60 business days for overseas) of the proposed commencement of the acquisition and or investment.
Requests for no objection are to be submitted to the attention of Director Banking Supervision on Fax # 4662119. Banks are required to ensure immediate compliance with the aforementioned requirements.
Update the annual compliance report items - 2016
No: 371000056366 Date(g): 23/2/2016 | Date(h): 16/5/1437 Status: No longer applicable This circular is currently available only in Arabic, please click here to read the Arabic version.Compliance Reports Items - 2011
No: 321000007648 Date(g): 8/3/2011 | Date(h): 3/4/1432 Status: No longer applicable This section is currently available only in Arabic, please click here to read the Arabic version.Financial Controller’s Committee
No: 191000000367 Date(g): 8/10/1998 | Date(h): 17/6/1419 Banking industry has become increasingly complex due to the advent of globalization, deregulation and with the usage of sophisticated banking products and services. Consequently, there is a need for a forum to discuss and review issues related to enhancing corporate governance, prudential and financial reporting, internal risk management, transparency, regulatory oversight, etc. Therefore, it is now decided to constitute a banking committee comprising of Financial Controllers, Chief Financial Officers and AGM Finance.
Some of the more specific benefits of this forum to SAMA and the banks would be as follows:
• Provide an effective mechanism to resolve issues related to prudential reporting via the ERMS in relation with the current reporting requirements as well as modifications and enhancements to the ERMS. • Enhance the accuracy and timelines of surveys where the SAMA needs to obtain accurate and timely data for international agencies such as the IMF, BIS, World Bank, etc. • Discuss and review accounting policies and procedures in relation with external financial reporting as well as issues related to SAMA ’s approval of financial statements. • Discuss and review international enhancements and developments on issues related to prudential reporting, accounting and disclosure, risk management, etc. as they evolve from the BIS and other major supervisors such as the Federal Reserve, Bank of England, and accounting policy setting bodies such as the International Accounting Standards Committee, Financial Accounting Standards Board, etc.
It is expected the Committee would operate on similar lines as the other existing banking committees where each committee would be attended by representative from all banks. There would be a Chairman and Vice Chairman for its overall management and direction and a Secretary to maintain minutes of the meetings. The Committee meetings would also be attended by coordinators and observers from SAMA ’s Banking Supervision Department.
Each bank would be represented by one permanent representative. This person will be the Financial Controller, Chief Financial Officer, AGM Finance, etc. The permanent representative could be accompanied by a maximum of two individuals to assist him at the Committee’s deliberations on the particular financial issue being discussed. These individuals may vary in accordance with the nature and type of issue being discussed.
The initial meeting is scheduled for 4/11/1998, and thereafter it will be scheduled on a quarterly basis i.e. January, April, July, October of each year.
For your benefit, we are attaching the following documents related to the Terms of Reference for this Committee:
1. Summarized Terms of Reference For a Financial Controller’s Committee. 2. Detailed Terms of Reference For a Financial Controller’s Committee
Attachment-I Summarized Terms of Reference Bank Financial Controller's Committee
There is a need felt amongst the banks and in the Banking Supervision Dept, to structure a banking committee comprising of Financial Controllers, Chief Financial Officers, AGM Finance, etc. to meet on a quarterly basis.
In general, key benefits from SAMA ’s view point, would be improved prudential and financial reporting, asset safeguard, and enhanced risk, financial and operational controls. However, some of the specific benefits, of this forum, for SAMA and the banks would be as follows;
• Provide an effective mechanism to resolve issues related to prudential reporting via the ERMS in relation with the current reporting requirements as well as modifications and enhancements periodically made to the ERMS. • Enhance the accuracy and timeliness of surveys where the SAMA needs to obtain accurate and timely data for international Agency's such as the IMF, BIS, World Bank, etc. • Discuss and review accounting policies and procedures in relation with external financial reporting as well as issues related to SAMA 's approval of financial statements. • Discuss and review international enhancements and developments in prudential reporting, accounting and disclosure, risk management, etc. as they develop from the BIS and other major supervisors such as Federal Reserve, Bank of England, and accounting policy bodies such as the International Accounting Standards Committee, Financial Accounting Standards Board, etc.
It is expected that the Committee would operate on a quarterly basis on similar lines as the other existing banking committees where each committee would be attended by representatives from all banks under the overall auspices of SAMA. There would be a Chairman and a Vice Chairman for its overall management and direction and a Secretary to maintain minutes of deliberation of the meetings. The committee meeting would be also attended by co-ordinators and observers from SAMA 's Banking Supervision Department.
The Agenda item for the Committee would include aspect related to.
• Enhanced corporate Governance.
• Internal Risk Management • Internal Controls • Asset safeguard. • Internal and External Audit function • Audit and other committees related to Corporate Governance • Internal models • Other related areas
• Transparency and market discipline
• Accounting policies and procedures • Surveys • Related and Connected party transactions. • Other related areas
• Regulatory and supervisory oversight.
• Issues related to prudential reporting • Developments and enhancements from the BIS, IOSCO and other regulating bodies and Banking Supervisory bodies. • Capital Adequacy enhancements. • Other related areas.
Attachment - II Terms of Reference for Financial Controller’s Committee
1. Background
In recent times, banking business’s financial accounting, reporting, risk management and internal control systems as well as its regulatory and supervisory reporting and compliance aspects have become increasingly complex. This has been largely due to the advent of globalization, deregulation and with the usage sophisticated products and services. Consequently, an appropriate and effective framework of financial and regulatory controls and reporting is imperative for SAMA to institute in order to ensure for the Saudi Banking system, an adequacy of corporate governance, transparency, market discipline and regulatory and supervisory oversight.
SAMA decided a few years ago to structure various banking committees, under its auspices, for providing Saudi Banks a forum where they could assemble, deliberate and discuss common issues and concerns. It now follows that a new committee is being proposed called the Financial Controller’s Committee, (the Committees) in order to address issues related to the broader regulatory and supervisory objectives of corporate governance, transparency, and supervisory oversight, etc.
Given the significance and underlying importance of financial and regulatory reporting, asset safeguard, and transparency for the Saudi banking system, SAMA wishes to give this Committee the posture it deserves. Therefore, this Committee is going to be an independent banking committee, whose chairman and its other senior members would discuss and deliberate on matters of mutual interest related to financial and regulatory controls, and other risk management controls amongst themselves and with senior SAMA officials every two months.
The Committee, subject to SAMA ’s approval, would be empowered to appoint specific sub committees accountable to it in all respects. The subcommittee may be formed in order to afford a sharper focus on specific financial controls and reporting, transparency and other risk management, and other related concerns and issues, and at the same time to address other constraints such as confidentiality, timing and scheduling, etc.
At this Committee meetings, representatives of the banks will meet every two months, share their experiences with respect to developments and enhancements in financial accounting controls and reporting as well as development in regulatory and supervisory aspects and to provide other related inputs to SAMA for framing and enhancing banking related financial reporting and control policies, and other regulatory and prudential rules and regulations, etc.
2. General Objectives
1. Issues related to regulatory and supervisory controls and financial reporting which are geared to advance corporate governance, asset safeguard, transparency in financial and internal management reporting, and supervisory oversight. 2. Discuss and review current enhancements and other developments related to accounting policies and procedures in relation with external financial reporting of banks from authoritative sources such as the International Accounting Society, (IAS), Financial Accounting Standards Board (FASB), American Institute of Certified Public Accountants (AICPA), etc. 3. Discuss and review international enhancements and developments in issues related to regulatory and supervisory aspects including prudential reporting and quantification of complex financial risks including credit, market, liquidity and other risks. Other aspects would include developments in risk management techniques from qualified and world class sources such as the Bank for International Settlements (BIS), and other major supervisors such as Federal Reserve, Bank of England, etc. 4. Discuss and review any existing requirements and or enhancements and developments in Saudi Accounting and Disclosure Standards Saudi Banks have to comply with such as (i) Accounting Standards for Commercial Banks issued by SAMA, (ii) Financial Statement Presentation and Disclosure Requirements by the Ministry of Commerce, etc. 5. Provide an effective mechanism to discuss the various elements of Banking Control Law and its allied rules and regulations issued from time to time by SAMA and to ensure compliance thereto. 6. Issues related to prudential reporting via the Electronic Returns Management’s System (ERMS) in relation with its current reporting requirements as well as any modifications and enhancements to it. 7. Enhance the timeliness and accuracy of Surveys where SAMA needs to obtain accurate and timely banking and financial data from the banks either for its own use or to respond to requirements from international agencies such as the IMF, World Bank and other international regulatory bodies such as the BIS, Bank of England, Federal Reserve, etc. 8. Discuss issues related to the understanding, interpretation and application, of rules and regulations issued by SAMA to promote corporate governance including those as given below;
1. Rules of Audit Committee 2. Bank Security Guidelines. 3. Rules for Managing Operational Risk through Appropriate Insurance Schemes. 4. Rules for Money Laundering. 5. Rules for prevention of fraud. 6. Contingency planning for computers.
3. SAMA ’s Role and Responsibility
1. SAMA would normally nominate senior officers as its representatives to attend Financial Controller’s Committee meetings. They would act as observers in such forums, as well as provide inputs and direction into discussions and deliberations from SAMA ’s perspective. 2. SAMA would formally respond to issues raised via the proposals, put forward by the Committee at its own discretion within a reasonable span of time. These proposal’s should normally reflect the position of all the Committee members, and in their own rights be comprehensive and be of sufficient overall quality to facilitate SAMA policy makers to recommend appropriate financial policy or prudential responses. In general, the proposal should include the definition of the issue, its short comings and limitations, alternatives available, international practices and the recommended course of action to follow. 3. In this regard, SAMA is under no obligation to respond to such proposals, as SAMA response would be a function of its own independent assessment of the proposal. 4. SAMA representatives are to ensure that to the extent possible, banks are appraised of SAMA policies, directives and viewpoint on issues related to financial and prudential reporting and disclosure, financial and other risk controls and other related regulatory and prudential rules and regulations. Where applicable, SAMA representatives will also inform the banks on other relevant constraints and concerns of other government ministries. 5. The meetings are to be conducted with the full knowledge of SAMA and the minutes of the Committee meetings are to be taken by the secretary of the Committee. These minutes are to be approved by SAMA before being released to all the banks. 6. SAMA will keep itself abreast of all international enhancements and developments in prudential and financial accounting, international regulatory and supervisory developments including those related to risk management covering identification, quantification and reporting aspects of various form of financial risks.
4. Bank’s Role and Responsibility
Each bank would select, nominate and appoint its representatives with a proper background related to the Committee’s mandate. These individuals would be Financial Controllers, Chief Financial Officers, AGM Finance, etc. and they, accordingly, would be responsible for the following :
1. Keep themselves abreast and aware of international developments in the regulatory and supervisory rules and regulations, accounting and financial reporting and control standards and other relevant rules, and regulations issued by SAMA. 2. To bring to the attention of the Committee, the relevant issues and concerns of their respective banks which require support from all other banks as Agenda item for deliberation and discussions in the Committee. 3. To bring to the attention of their relevant management, the deliberation at such meetings on the various matters identified in the Agenda and obtain any responses thereto which may be of interest to the Committee as a whole. 4. To discuss and deliberate in an open, positive and democratic manner under the guidance of the Chairman.
5. Committee Officials
Financial Controller’s Committee would have the following officials with a term of one (1) year each. However, it could be made longer by a unanimous decision of the Committee with SAMA ’s approval.
Chairman:
It is the responsibility of the Committee’s Chairman who will determine its effectiveness and success because he would normally set its tone, agenda and style. His responsibilities would include but not be restricted to the following :
1. Over-all planning of meetings including timings, venues, agenda items, etc. 2. Obtain approval from SAMA on the Committee meeting minutes. 3. Liaising with SAMA officials, internal and external to the Committee, to do follow-ups on outstanding agenda items. 4. Maintain a professional and effective style and attitude amongst the members of the Committee. 5. Determine strategies and priorities for the Committee. 6. Solicit and develop new ideas in order to activate and improve on the mandate of the Committee. 7. Improve and Terms of reference document of the Committee by making it more effective and efficient and improving the functionality, mandate and objectives of the Committee.
At the beginning of each term (every Sept.), the Chairman of the Committee will submit an updated Terms of Reference document to SAMA, outlining its objectives and mandate, significant and key agenda items and priorities for the coming year.8. Decide at the Committee level if external consultants are necessary in providing input to a proposal. Final approval for such appointment to be given by SAMA.
Vice Chairman:
The Vice Chairman shall assist, in any way, the Chairman in discharge his role and responsibilities as described above. He will be there to officiate instead of the Chairman during his absence or early termination.
The Secretary:
The secretary’s main responsibility would be to take and maintain minutes and obtain SAMA ’s approval in a reasonable time span. The minutes must normally be prepared and submitted to SAMA for its approval within one week after the meeting. SAMA is expected to approve the minutes, under normal circumstances, within one week after their receipt.
6. Type, Nature and Scope of Agenda Items
The main objective of the Committee is to enhance the following aspects for the banking system as a whole by having individual banks institute sound regulatory, supervisory financial, and risk management control systems as well as adequate financial, management and prudential reporting systems.
• Adequate corporate Governance or management oversight to ensure (i) asset safeguard, (ii) compliance with bank’s policies and procedures and (iii) adequate risk management systems (iv) institution of a sound internal audit system, etc. • Transparency to promote market discipline via sound external reporting and external auditing and enhance the quality of management decision making by ensuring the provision of quality and timely information required to make decisions and judgments. • Regulatory Overnight to ensure compliance with the dictates of Banking Control Law and the various Articles issued thereto and other regulatory and prudential rules and regulation issued by SAMA. Consequently, the specific Agenda items would include issues related to the following major areas but not restricted to it.
6.1 Enhanced Corporate Governance
i) Aspects and issues related to the internal risk management processes and control systems ensuring an adequacy of overall risk management by ensuring (1) risk identification and quantification process (iii) management reporting and information function (iv) adequacy and effectiveness of bank wide and integrated limit structures (v) oversight by senior management.
ii) Aspects and issue related to internal controls, systems by ensuring proper approval processes segregation of duties, reconciliation's, clear accountability and responsibility linkages, asset safeguard, and compliance with the banks financial policies and procedures. iii) Issue related to the internal audit process with a focus on its authority, independence, accountability and reporting aspects within the organizational structure of the bank. .
iv) Issues of a financial nature related to EDP strategy and function v) Issues related to internal risk measurement models such as value at risk (VAR).
vi) Issues concerning related and connected party transactions. vii) Issues related to interpretation, compliance with SAMA rules and regulation related to the followers. 1. Rules for Audit Committees. 2. Banks Security Guideline
3. Rules for Managing Operational Risk through appropriate Insurance Schemes.
4. Rules for Money Laundering
5. Rules for Prevention's of Fraud.
6. Internal Control Guidelines.
6.2 Transparency and Market Discipline
• Identifying, reviewing and analyzing current enhancements, changes and other development in financial reporting related to financial institutions covering aspects such as accounting, valuation and disclosure brought about by international accounting standard setting bodies such as the International Accounting Standards Committee, (IASC), Financial Accounting Standard Bond (FASB), Canada Institute of chartered Accountant (CICA), American Institute of Certified Public Accountants (AICPA), etc. • Identifying, reviewing and discussing developments in the Saudi Public Accounting Profession such as pronouncements and Ministerial decisions by the Ministry of Commerce, on standards such as the regulation for companies in the Kingdom of Saudi Arabia and the Financial Statement Presentation and Disclosure Requirements. • Identifying and reviewing the interpretations, enhancement to the Accounting Standards for commercial banks issued by SAMA. • Issue related to enhancing the effectiveness of the external audit function. This would pertain to enhancing the professional collaboration between the internal and external auditors, the Banks and SAMA over complex and risky operations and products and services of a bank. • Issues and clarifications with respect to any surveys conducted by SAMA to obtain prudential data from banks for its own regulatory and prudential matters and bonafide interested parties. • Issues related to valuation of asset, liabilities and off-balance items. • Issues related to related and connected party transaction involving their accounting and disclosure. • Discussion of issues related to external audit such as material subsequent events, accounts provisioning methodology, etc.
6.3 Issue Related to Regulatory and Supervisory Oversight
• Issues related to the understanding and interpretation of Banking Control Law and the various Articles thereto, and other rules and regulations issued by SAMA as they pertain to capital adequacy, asset quality, liquidity, connected and related party lending, exposure concentration, and other legal and prudential ratios. • Issues related to current development and enhancements in the regulatory and supervisory process of banks as proposed by authoritative international regulatory and supervisory bodies such as the Bank For International Settlements, (BIS), Federal Reserves, Bank of England, IOSCO, etc. • Issue related to the functioning, processing, effectiveness and any enhancement and modification to the Electronic Return Management System (ERMS). • Issues related to the Special Examination process as it relates to the aspect of risk management and internal control, financial reporting and disclosure, etc.
7. Quality of Proposal to SAMA
The proposals before being presented to SAMA need to be seriously thought through and documented by the Committee. Formal proposals outlining the nature of the issue, existing and international practices, an analysis of the merits and demerits of the status quo and of the proposed changes should be submitted to SAMA by the Chairman of the Committee.
It would be the explicit and direct responsibility of the Chairman of the Committee to submit proposals of sufficient quality in terms of Definition, Scope, Research, etc. to SAMA. What should be understood is that it is with the banks and not SAMA where the responsibility of the following lies with respect to proposals being submitted for SAMA ’s deliberation and approval.
1. The key issue of the proposal must be clearly defined. 2. The issue must have the backing of all banks i.e. a complete consensus. 3. The key problems or risks which have actually happened or are likely to manifest under status, quo. 4. Industry practices on the subject issues in major countries and regions such as UK, US, France, Germany, GCC, etc. 5. Recommended course of action and a coverage on its efficiency, economy and effectiveness aspects.
8. Proposal and Decision Making by the Committee
It is expected by SAMA that not only is there a consensus on the proposals being submitted, but also there has been sufficient research and analysis carried out by the Committee members to ensure the smooth and practical application of the proposal to develop sound financial regulatory and prudential practices in the Saudi banking Systems.
Committee decisions and proposals would normally be by consensus. However, in the case of dissent a majority vote would apply. No voting by proxy is permitted.
These proposals would be further studied by SAMA internally or SAMA may at its own discretion solicit external advice and help, if necessary, on the account of the banks. SAMA may after studying such proposal may reject or accept any proposal.
9. Selection and Termination of Committee Officials
Each Committee must elect its own set of officials composed of the following officers:
1. Chairman 2. Vice Chairman 3. Secretary
The selection of each of these officials should take place every September and would be on the basis of majority vote with the following constraints:
1. Each bank will have one vote. 2. No proxy vote to be accepted. 3. No individual can have the same specific office within a span of three years. 4. All official appointments will be approved by SAMA and should there be an unexpected departure for any reason of any of the officials of the Committee, before their regular tenure of 1 year, the Committee as a whole via a voting mechanism choose a replacement to serve until the end of the term.
Any official can be terminated under any of the following circumstances;
1. Unanimous decision by Committee and SAMA ’s approval. 2. SAMA ‘s sole discretion.
10. Size of the Committee
The size of the Committee will be restricted to maximum of 3 members from each bank. Each bank will have one central permanent representative who is (i) expected to come to all meetings in order to maintain continuity ii) coordinate with the other individual who are to accompany him from the bank representing regulatory, supervisory, accounting reporting issues to be discussed at a specific meeting as determined by the agenda. The individual chosen to be the permanent representative will be the one who is the closest to managing the financial and accounting affairs, regulatory and prudential reporting aspects at any bank and will be the Financial Controller, Chief Financial Officers, AGM Finance, etc.
11. Confidentiality
Given that the objective of the Committee involves review and discussion of issues of a confidential nature related to financial and prudential reporting and disclosure, accounting treatment and valuation, financial and prudential risk management and control system, etc. banks are expected to maintain confidentiality on the issues being discussed both within and outside the bank. However, within the bank, matters can be discussed with appropriate and relevant levels of management. 12. Follow-Up Team
For all major items deemed to be significant, SAMA will appoint one individual to maintain a follow-up on items pending resolution over an unreasonable time span. Such delays may emanate because of any of the following situations:
1. The quality of the proposal is lacking in terms of its formatting, documentation, research, clarity, description, reasonableness, etc. 2. Absence of relevant SAMA executives to give a decision. 3. Protracted process at SAMA involving opinions, approvals from other relevant government bodies, etc.
It is expected that this individual will maintain a follow-up contact with the relevant SAMA officials and provide up update on these issues to the Committee.
13. Sub-Committee
In order to ensure that issues and proposals are thoroughly deliberated upon, the Chairman of the Committee, may at his discretion, but with SAMA ’s approval appoint a Sub-committee, These Sub-committee would be headed by a Chairman who would have an accountability and responsibility relationship with the Chairman of the main Committee, over reporting, agendas, and timing, etc.
Banks Should not Take Fees for Money Transfers to Charity Organizations
SAMA received the letter of His Excellency the Minister of Social Affairs No. 62389 dated 06/07/1429 H regarding the Ministry's receipt of many correspondences from charities stating that some banks collect fees on deductions and transfers from donors' accounts to charitable societies accounts in various ways, including what is for establishment (for one time) and some of which are frequent (at each deduction or transfer) for transfers and deductions within the bank, as well as transfer fees are calculated that are deducted from the donor's account when transferring it to the associations' accounts. In other banks, this generates a negative impact on donors, which may lead to their refusal to support associations through continuous deduction or transfer because they do not want part of their donation to go other than what was allocated to it.
Accordingly, and in confirmation of the role of banks in participating in social responsibility, SAMA believes that fees should not be charged on deductions or transfers from the accounts of persons (natural and legal) donors to the accounts of charitable societies in the Kingdom, whether they are done inside the bank or to another local bank.
To review and report on the action taken in this regard within ten days from its date.
Guidelines Regarding Women in the Workplace
This circular is currently available only in Arabic, please click here to read the Arabic version.Renaming the "General Department of Narcotics Control" to its New Name, "General Directorate of Narcotics Control”
Referring to the letter of His Excellency the General Director of Narcotics Control No. 2326 dated 10/2/1429 H referring to the decision of His Royal Highness the Minister of Interior No. 7117 dated 13/9/1428 H notified by telegram circular No. 1/2B/59409 dated 13-14/9/1428 H regarding raising the administrative level of the General Directorate of Narcotics Control to a sector linked to His Royal Highness Assistant Minister of Interior for Security Affairs, which includes a request to see and direct the competent authority to approve correspondence according to the new name (General Directorate of Narcotics Control) and in the official letters addressed to the Directorate In the name of (General Director of Drug Control), and based on the approval of the Ministry of Finance to amend the names of the accounts of the General Department of Narcotics Control to the General Directorate of Narcotics Control according to the letter of His Excellency the Undersecretary of the Ministry of Finance for Financial Affairs and Accounts No. 8/3/19416 dated 9/3/1429 H.
Therefore, we hope to take note of replacing the name of the General Department of Narcotics Control with the name of the General Directorate of Narcotics Control, and to adopt this new name in all its accounts opened with you and in the future, whether they belong to the General Administration or branches, as well as using the title (General Director of Narcotics Control) in official communications.
Using Secure Mailing Methods when Delivering Bank Cards
SAMA received the letter of His Excellency the President of the Saudi Post Corporation No. 7958 dated 17/05/1428 H, in which he referred to the importance of postal items sent by banks operating in the Kingdom to their customers, especially ATM cards and credit cards, and that the Postal Corporation noticed that some banks use the regular mail service in the delivery of those cards instead of registered or premium mail, which leads to the loss of some cards because they are not sure that they are received by their owners. His Excellency pointed out that regular mail correspondence according to international postal specifications and agreements does not provide proof of delivery to the beneficiaries, and to ensure that ATM cards and credit cards reach the beneficiary or the person authorized to receive it, Saudi Post Corporation wishes to emphasize to banks in the event that mail is used as a means of delivery for bank cards issued as new or renewed to their customers to be by registered or premium mail to ensure that they reach the beneficiary or the person authorized to receive it.
For information, SAMA hopes that all banks operating in the Kingdom will use secure mailing methods when sending bank cards to customers in order to achieve greater assurance in delivering them to their original owners or those authorized to receive them on their behalf.
Renaming ‘Saudi Credit Bank’ as ‘Saudi Credit and Savings Bank’ and Adopting the Powers to Open and Operate its Accounts
With reference to Royal Decree No. M/34 dated 1/6/1428 H approving the Saudi Credit and Savings Bank in its new form, and with reference as well as to the letter of His Excellency the Minister of Finance No. 8/3/4566 dated 23/3/1425 H, which approved the opening or transfer of current and deposit accounts belonging to the bank, whether for the purposes of the general administration or for the work of branches, as well as the change of employees authorized to sign in the lending committees in the branches or the general administration by the general administration of the bank directly and without reference To the Ministry of Finance, as an exception to paragraph (A/1) of Article (2/4/1) of the instructions regulating the registration and follow-up of accounts opened in SAMA and local banks notified within the financial instructions for the budget and accounts.
Therefore, we hope to take note of replacing the name of the Saudi Credit Bank with the name of the Saudi Credit and Savings Bank, and adopting this new name in all its accounts opened with you and in the future, whether related to the general administration or branches, and printing it on checks and using it in official communications, as well as confirming what was stated in the letter of the Minister of Finance referred to above regarding the transfer of accounts or changing the authorized signatories.
Educating Bank Customers About Handling Cash
We would like to note that SAMA receives from time to time from the police departments in the Kingdom reports that some of the bank's customers were robbed while leaving the branch as a result of carrying cash.
Due to the seriousness of such acts and their serious consequences, whether on the bank's customers themselves while leaving the bank branch or damaging the branch itself, harming the bank's reputation and confusing the security authorities, the bank must warn its customers not to carry cash and leave the branch, which may provoke some people to carry out criminal acts, by placing indicative signs inside the branch and in a prominent place at the tellers to urge customers to use the available banking services, which are to deposit or transfer amounts in their accounts or to other accounts or issuing bank checks against them in order to avoid carrying cash with them, and we hope to inform us of what will be done in this regard.
Facilitating the Collection of Revenues from Coin-Operated Phones to Enable Citizens and Residents to Obtain Coins in Cities and Remote Areas, Thereby Allowing for Smooth and Easy Communication.
SAMA has received the letter of HE the Minister of Finance & National Economy No. 37/31966 dated 24/7/ 1416H, referring to the letter of Deputy Minister of MoPTT for Financial and Administrative Affairs No. 2903/2 dated 15-6-1416H, regarding the difficulties faced by remote villages and regions in meeting the demand for coins to make calls through coin phones.
Since the gradual transfer of the revenues of coin telephones to SAMA results in a steady shortage of such coins which could be used in phone calls and consequently, in the revenues of coin telephones, and in view of the importance of this matter and in order to facilitate this service, we call on banks to facilitate the process of accepting the revenues of coin phones and replace same in order to enable citizens residing in remote villages and cities to have an adequate supply of such coins to make their telephone calls.
Development Work on Credit Card Payments in the kingdom through SPANs Work Groups
SAMA came to know that some local banks intend to sign a joint agreement for the settlement of Visa card operations through one of these banks. This is in conflict with future plans under discussion to connect SPAN with the international credit card system, including Visa, and to settle the operations of such cards electronically, instead of the costly manual treatment.
A task force from banks has been appointed for this purpose as one of the teams working on the development of SPAN to include the electronic transfer service at POS. One of the purposes of this task force is to define the commercial operational and technical requirements for connection with the systems of such credit cards. It has been agreed to ask for proposals from Visa and Master Card for this purpose.
We kindly request you to instruct your people in charge to channel all their development work on credit card payments in the Kingdom through SPAN's work groups.
Bank Guarantees Rules
SAMA has received the letter of HE the Minister of Finance & National Economy No. 17/67 dated 2-4-1408H. The letter says that the Ministry, in order to protect the rights of the government agency and the contracting party and to avoid problems between banks and contractors, has compiled all bank guarantee rules in one document, clearly presented, to make it easy for those in charge to control such guarantees and to go back to these rules and implement the ones they need for handling specific cases or taking decisions thereon. The forms of these guarantees were approved in such a way as to make them subject to such rules when issued by the bank.
SAMA, therefore, calls on banks to refer to and implement these rules in all aspects related to bank guarantees.
Bank Guarantees Rules
Pursuant to inquiries received by the Ministry with regard to the implementation of the bank guarantee rules; and whereas such inquiries are governed by legal provisions in the Government Procurement Regulations and its Rules of Implementation and by applicable Ministry circulars; and
In our desire to protect the rights of both the government agency and the contractor and to properly and clearly implement such rules in order to avoid any problems between banks and contractors,
The Ministry has decided to compile all these rules in a single document, clearly presented, to make it easy for those in charge of controlling bank guarantees to go back to these rules and implement the ones they need for handling specific cases or taking decisions thereon.
The forms were also reviewed and approved in such a way as to make them subject to such rules when issued by banks.
We attach herewith 5 copies of these rules and forms to be distributed to the concerned parties in your bank to be referred to and observed when handling bank guarantees.
Rules of Bank Guarantees
Pursuant to article 2 (d) and 7 (a) of the Government Procurement Regulations and article (9) of its Implementation Rules, Ministerial Decision No. 17/1486 dated 25-3-1398 and Ministry of Finance & National Economy circular No. 17/5373 dated 25/3/98H, acceptable forms of bank guarantees shall be as follows:
I. Letter of bank guarantee from a local bank. II. Letter of bank guarantee from abroad submitted by a local bank Pursuant to the Ministry of Finance & National Economy in circular No. 11/M/12407 dated 5-8-1396H and SAMA circular No. 11481 dated 19-8-1396H, the following conditions shall apply to those guarantees: 1- Letters of guarantee must be issued by the head office, not branches, of the foreign bank. 2- Letter of guarantee must contain a commitment to pay the value inside the Kingdom of Saudi Arabia upon first request free of any commission, taxes or expenses whatsoever and notwithstanding any objection from the bidder or the contractor of the government agency. 3- The letter of guarantee shall not be subject to any currency control regulations abroad that may result in delaying payment or non-payment of the total value. 4- If the guarantee is submitted by a foreign bank through a local bank, the local bank shall: a) Confirm the correct signatures of the issuing bank employees on the letter of guarantee. b) Certify that the signing employees are authorized to do so. c) Confirm that the foreign bank is approved by SAMA. The local bank must confirm the foregoing in an official letter attached to the guarantee. 5- Letters of guarantee issued by foreign banks must be in accordance with the forms approved by SAMA 6- Correspondence between the guaranteeing bank and beneficiary should take place through the local bank only. 7- The commission of the local bank for its services should bot exceed 0.5 per thousand of the value of the guarantee if the value is in the neighbourhood of SR 100 million and 0.25 per thousand for higher figures. III. An undertaking by a specialized insurance company approved by SAMA, only in connection with preliminary and final guarantees. Pursuant to SAMA circular No. 6082/M/229 dated 18-4-1397H, this kind of guarantee is subject to the following conditions: a) The Insurance Company shall undertake to pay the bidding government agency an amount equal to the value of preliminary guarantee upon first request, notwithstanding any objection by bidder and without a ruling from any court or arbitration body. b) In case of final guarantee, the coverage shall be at least 25% of the contract value. Letters of guarantee submitted by insurance companies shall be subject to the same other conditions and procedures applicable to letters of guarantee submitted by foreign banks. IV. All local and foreign banks shall, when they issue the 3 types of bank guarantees, comply with the attached rules and are not allowed to introduce any conditions or forms that differ from the approved forms. Letter of guarantees submitted by foreign banks in English are acceptable, provided that they are submitted in conformity with the approved form and an Arabic translation certified by the local bank is attached to the covering letter of the local bank. Rules of Preliminary Guarantees
I. Pursuant to article 2(d) of the Government Procurement Regulation, the following rules have to be observed. 1- The value of preliminary guarantee must not be less than 1% or more than 2%, as determined by the conditions. 2- The preliminary guarantee shall not be necessary in case of direct purchase or open bids. II. Pursuant to articles 9, 10 and 20 of the Implementation Rules of the Government Procurement Regulations, the following rules must be observed: 1- Preliminary guarantees must be valid until the date fixed for opening bids. 2- Preliminary guarantees may not be released during the effective period of the bid. III. If the bid effective period expires and no award is made, the bidder who chooses to withdraw his offer is entitled to have his guarantee released by the Government Agency immediately and the bank may not renew the guarantee as long as the bidder did not so request. But if he does not notify the government agency of his withdrawal, his bid shall be deemed to be still valid. IV. If the bid is opened and some bids are found to be high or in violation of the conditions, which makes them ineligible for award, the government agency may, at the request of such bidders and in its sole discretion release their preliminary guarantees. V. Preliminary guarantees for rejected bids must be refunded to owners immediately without their request by notifying the issuing bank accordingly. Rules for Final Guarantees
Pursuant to paragraphs a, b & c of article (7) of the Government Procurement Regulations and articles 21, 23 and 24 of its Implementation Rules, the following rules must be observed:
- The value of the final guarantee must be 5% of the value of the contract and must be submitted by the acceptable bidder to the government agency within 10 days from award notification at the latest. He may be given an extra 10 days grace period.
- No final guarantee is required for consultation contracts or direct purchases or spare parts purchases.
- The validity of the final guarantee shall cover both the performance and maintenance periods if the contract so stipulates.
- Final guarantee may be reduced for operation, maintenance and continued service contracts such as catering and similar operations where the contractor's obligations expire after a specific period of time. This should be limited to contracts exceeding one year where the guarantee is reduced after each year if it is proven that the contractor has fulfilled all its obligations.
- The guarantee must be released after the preliminary or final acceptance of the works, as the case may be, and returned to the issuing bank.
Rules of Advance Payment Guarantee
Pursuant to article 8(a) of the Government Procurement Regulations, the following rules must be observed:
- The advance payment guarantee must be equivalent to the advance payment disbursed to the contractor.
- The guarantee shall be valid until the advance payment is recovered in full.
- The government agency must notify the issuing bank to reduce the value of the guarantee by an amount equal to that recovered from invoices on the date of recovery and with no request by the contractor. This procedure must be applied even if the government is delayed in paying the invoices for reasons the contractor is not responsible for.
Extension of Guarantees
Pursuant to articles 10 & 24 of the Implementation Rules of the Government Procurement Regulations, the following rules must be observed:
- If reasons for extending the validity of a guarantee are available, extension shall be effected during the validity of the guarantee.
- The contracting government agency shall address the extension request to the contractor, not the bank. The extension shall be for a specific necessary period and the issuing bank shall be supplied with a copy of the request stating that the bank has to pay the value of the guarantee without any delay during the validity period if it fails to finalize the extension procedures before the expiry of the guarantee validity term.
Confiscation of Guarantees
- Pursuant to Ministry of Finance & National Economy circular No. 17/2740 dated 20-10-1405H, if the government agency is obliged to confiscate any bank guarantee, a committee must be formed to study the case and make a documented recommendation to the party with the authority to issue the confiscation request. In studying the case, the committee must take into consideration the circumstances surrounding the performance of the project and the consequences of confiscation.
- Pursuant to Ministry of Finance & National Economy circular No. 17/222, dated 19-6-1407H the confiscation request must be limited to the operation where the contractor defaulted on its obligations and shall not be extended to other operations with one or several government agencies.
- Confiscation requests, when justified and in compliance with applicable procedures, must be addressed directly to the issuing bank which has to respond immediately and notify SAMA accordingly.
General Conditions
- Pursuant to paragraph (c) of the Ministry of Finance & National Economy decision No. 17/1486 dated 25-3-1398H, which defined the form of acceptable guarantees, the guarantee shall be payable upon the first request by the government agency, notwithstanding any objection by the bidder and without the need of a ruling from a court or an arbitration body.
- Employees of Ministries and government agencies in charge of controlling guarantees are urged to interface with the tender sections therein, if any, and they must coordinate with the financial administration in this respect.
- Accurate records for controlling guarantees must be kept to facilitate coordination with other concerned parties in the event of requesting guarantee extension or confiscation.
- In the event a guarantee is submitted in violation of the approved form, it must be rejected in order to avoid problems with the contractor or weaken the rights of the government agency.
- Ministries, government agencies and public institutions must not request guarantee forms not in compliance with the attached forms.
Handling SAMA Branch Requests
Recently, there has been an increase in the letters received from the branches of SAMA to the main center (the General Directorate of Bank Supervision) regarding requesting information from local banks based on letters received by the branches from several governmental bodies, such as disclosure of bank accounts or seizure of some accounts.
We would like to note that the instructions related to the process of disclosure or seizure of accounts are in accordance with the instructions of the Ministry of Interior under its Circular No. 19/S1075 dated 9/3/1400H, which included that the authority to disclose and seize the accounts of bank customers is limited to the Minister of Finance or the Governor of SAMA at the request of His Highness the Minister of Interior or the Emirs of the main regions. In view of the importance and sensitivity of maintaining the confidentiality of banking and financial transactions and strengthening the confidence of customers in the banking system, and in line with the regulations and instructions issued in this regard, including the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386H.
Therefore, we hope to direct your specialists to work according to the following mechanism:
1- Requests received from some security authorities:
The branch should inform these authorities of the need to direct their requests in accordance with the above-mentioned instructions and address SAMA through His Royal Highness the Minister of Interior or the Emir of the region so that SAMA can provide these data and information to the requesting authority.
2- Requests received from the branches of the Investigation and Public Prosecution Authority:
SAMA branch should inform these branches that their correspondence should be directed to the Banking Inspection Department directly, according to the agreement between SAMA and the Investigation and Public Prosecution Authority under the letters exchanged between the two entities.
3- Requests to seize the television recording of ATMs:
SAMA Branche or the requesting party should address the bank directly without the need to pass these requests to SAMA's headquarters in order to ensure that the tape is preserved before it is too late. A copy of these communications should be sent to the Central Inspection Department. Local banks have been notified of this in accordance with SAMA Circular No. 9367/CT/141 dated 12/3/1427 H (a copy of which is attached).
Recurring Payment Orders
SAMA has recently observed an increase in the number of reports from banks regarding accounts associated with the phenomenon of deductions (standing orders), which involve the periodic deduction of fixed amounts from customer accounts and their transfer to the account of a single customer, either directly or indirectly through intermediary accounts belonging to other customers. It has been noted that these practices are being utilized by individuals who either do not have commercial activities or whose commercial activities are inconsistent with the volume of financial deductions linked to their accounts.
Follow-up on such activities has revealed that they involve fund management operations coupled with financial lending and borrowing, which fall under banking activities. The practice of these activities by such individuals without obtaining a license authorizing them to do so constitutes a clear violation of Article 2 of the Banking Control Law. Moreover, these operations could potentially be used as a cover for unauthorized or illegal activities, such as fund management, unregulated remittances, money laundering, or the financing of suspicious activities.
Given the serious security and economic implications of such practices, banks must exercise caution and vigilance in detecting and preventing the misuse of such activities.
In this regard, SAMA would like to highlight the following guidelines concerning standing orders:
- Emphasize the importance of banks applying the "Know Your Customer" principle.
- Ensure that the account is used for the purpose for which it was opened.
- Ensure that customer service staff obtain the branch manager’s approval and signature on standing order requests if either party involved in the instructions is classified as a high-risk account.
- Verify standing order requests that are numerous and typically involve small amounts.
- Investigate standing orders frequently executed for the account of a single customer from multiple sources, including entities or individuals.
- Monitor the customer’s account if standing orders are executed in their favor and they do not have a commercial activity or a commercial registration explaining the nature of their activity.
- If there are grounds for suspicion regarding any standing order, the Anti-Money Laundering Unit or the Regulatory Oversight Division within the bank must be notified immediately.
- The bank must have an automated system to monitor personal accounts with unusual activity. Such accounts should be placed under surveillance to verify the legitimacy of their transactions.
Banks Should Have Caller ID Facility in their Phones
SAMA received the letter of the Acting Director of the Criminal Investigation and Research Division No. 19/2009/4/2/3 S dated 12/11/1422 H attached to the copy of the letter of His Royal Highness Prince Salman bin Abdulaziz, Governor of Riyadh Region No. 101/1/16018 S dated 1/11/1422 H, which includes His Highness's directive to emphasize the need for banks to take advantage of the technology of the caller ID feature on their telephone devices because it is available in the Kingdom due to the private and public interests.
Therefore, SAMA would like to emphasize to the Bank the importance of using the caller ID feature technology on its mobile devices and inform us of this.
Emphasis on Compliance with Real Estate Finance Law and Finance lease Law provisions, Implementing Regulations, and Instructions
This section is currently available only in Arabic, please click here to read the Arabic version.Transfer of Mortgage Loans
With reference to SAMA's Circular No. 391000028242 dated 10/03/1439H regarding the transfer of the real estate financing debt, and noting that some mortgage financiers, when purchasing mortgage debt from another financier, provide the customer with an excess cash amount, resulting in an increase in the new financing amount.
In line with SAMA's commitment to protecting customers and ensuring that financing entities comply with relevant laws and regulations, the Central Bank emphasizes the following:
- Adherence to Article (11) of the Implementing Regulation of the Real Estate Finance Law, as well as subsequent SAMA circulars, which set the maximum credit limit for real estate financing contracts, under any form of financing, at 90% of the value of the first home for citizens.
- Compliance with the repayment standards outlined in Article 84 of the Implementing Regulation of the Finance Companies Control Law, which govern the process of accelerated repayment.
- Adherence to paragraph (2) of the above-referenced circular, which states: "Grant credit equivalent to (100%) of the value of the offer specified in the form".
- Compliance with purchasing mortgage debt at a value equivalent only to the purchase offer.
For your information and action accordingly. SAMA will take all regulatory actions against mortgage financiers who fail to adhere to the provisions of this circular.
Variable-Cost Real Estate Finance Products for Individuals
Further to SAMA Circular No. 391000000353 dated 01/01/1439H regarding variable cost Real Estate finance products for individuals. In light of the inquiries received by SAMA on this regard, SAMA emphasizes that real estate financiers must undertake the following:
1. Disclose the reference index for the variable cost of real estate finance products on their website.
2. Urgently communicate with all customers benefiting from variable-cost real estate finance products regarding the following points:
A. The ability to access the reference index data for the variable cost of real estate finance products on the financier’s website and provide the dedicated link for this information.
B. Provide customers with contact details and grant them a period of no less than one month from the date of receipt to offer them options to amend their contract terms or any other options as outlined in the aforementioned circular.
C. Inform customers of their right to communicate with a credit advisor who has sufficient knowledge of the characteristics of this type of product to provide a clear explanation of the product’s nature, its benefits and risks, the relevant contract terms, the repricing mechanism, and to answer any customer inquiries in this regard. This communication and the outcomes must be properly documented.
Please note that SAMA will take all regulatory measures in the event of non-compliance with the issued instructions in this regard.
Clarifying Article No. (10) and Article No.( 21), Including the Method of Calculating the Annual Percentage Rate in the Updated Consumer Finance Regulations
Clarifying inquiries received by SAMA regarding the customer's Right of Termination or Withdrawal from the agreement (Article 10-1), Initial Disclosure (Article 21-1), and the calculation of the Annual Percentage Rate (APR) under the updated Regulations for Consumer Financing:
We inform you of the following:
-Article 10-1: The provisions of this article remain in effect, whereby the customer’s right to terminate or withdraw from the agreement expires within 10 days from the contract signing date if the customer has utilized the financing. Examples include, but are not limited to:
1) Withdrawing any portion of the cash financing amount.
2) Depositing shares into the customer’s portfolio.
3) Owning or using the financed item.
-Article 21-1: Compliance with the Initial Disclosure statement for financing contracts as specified on SAMA’s website.-Method of Calculating the Annual Percentage Rate (APR)*: Adherence to the Guidelines for Calculating the Annual Percentage Rate (APR) as detailed on SAMA’s website.
*Rules Governing Calculation of Annual Percentage Rate (APR) replace the Guidelines for Calculating the Annual Percentage Rate (APR).
Applicability of Domestic Systemically Important Bank (D-SIB) Buffer in Saudi Arabia
Background
In October 2012, the Basel Committee on Banking Supervision finalised its D-SIB framework, which involves a set of principles on the methodology to identify D-SIBs and on the higher loss absorbency (HLA) capital requirements for banks identified as D-SIBs. The D-SIBs are banks that are not significant from an international perspective, but nevertheless could have an important impact on their domestic financial system and economy compared to other institutions. In this regard, SAMA has issued a circular no. 351000138356 in August 2014 explaining the D-SIBs framework that requires an extra cushion of Common Equity Tier 1 Capital for systemically important banks with the primary objective to cover for macro prudential risks associated with the build-up of system-wide risk. The framework also emphasizes that other policy tools, such as more intensive supervision, can play an important role in dealing with D-SIBs.
Methodology used by SAMA
The Basel methodology is based on 12 principles, out of which 7 principles relate to Assessment Methodology and 5 principles relate to Higher Loss Absorbency (HLA). The 7 principles relate to methodology, potential impact, reference system, degree of systemic importance, bank-specific factors, regular assessment and public disclosure. The bank-specific factors used by SAMA in addition to additional supervisory measures are stated as below:
Category (and weighting) Individual indicator Indicator weighting (T)e (30%) Total exposure as defined for use in the Basel III leverage ratio 30% Interconnectedness (30%) Intra-financial system assets: due from commercial banks, specialized banks, and other financial institutions. 10% Intra-financial system liabilities: due to commercial banks, specialized banks, and other financial institutions. 10% Total Marketable securities 10% Complexity (10%) OTC derivatives notional value 10% Substitutability (30%) Payments cleared and settled through payment system 30% 4 categories 6 indicators 100% The remaining 5 principles for HLA cover documentation, systemic importance, compatibility, home-host coordination and requirements to be met fully by Common Equity Tier 1 (CET 1) Capital.
Periodic announcement
SAMA will undertake an annual assessment to evaluate the systemic importance of the banks in the financial system and will communicate accordingly. The assessment can also be conducted on an adhoc basis if there are important structural changes to the banking system during the year. All the D-SIBs banks (as specified in the table below) in Saudi Arabia should provide a D-SIBs buffer in Common Equity Tier 1 Capital.
Calculation and announcement
The D-SIBs buffer varies between 0% and 2.5% to total risk weighted assets and is calculated specifically for each bank. SAMA, based on DSIBs framework (issued in August 2014) using various factors and discretionary measures, has determined the following authorised banks as D-SIBs for the year 2016:
No. Name of the bank 1 National Commercial Bank 2 SAMBA financial group 3 Al-Rajhi Bank 4 Banque Saudi Fransi 5 Riyad Bank 6 Saudi British Bank Future correspondence
For further details, banks should access the BCBS document on DSIBs framework from BIS website and SAMA's website.
The New Identity of the Saudi Payment Network (MADA)
The central bank works with local banks to elevate the banking sector in order to meet the requirements of economic growth. This includes facilitating electronic banking services and promoting electronic payments. The establishment of the Saudi Payments Network (SPAN) over twenty years ago was a significant milestone for the banking sector. It contributed to providing cash around the clock and facilitated purchase transactions using point-of-sale systems and becoming an important pillar in completing banking operations and commercial exchanges in the retail sector.
The establishment of the Saudi Payments Network was the beginning of implementing a comprehensive payments strategy aimed at encouraging banking sector participants to shift from cash to electronic payment channels. Efforts to develop the network continued to strengthen its role within the comprehensive strategy for payment systems IPSS2020. To enhance its role, the Central Bank collaborated with local banks to rehabilitate the Saudi Payments Network, ensuring it becomes a robust infrastructure capable of growth and expansion. This initiative includes several key aspects:
- Raising the quality level by implementing service level agreements.
- Enhancing and expanding the technical infrastructure to be capable of the expected growth.
- Developing a new financial model that achieves balance supporting growth.
- Developing technical and field monitoring tools.
- Developing new metrics for points of sale and introducing a new operating model.
- Developing a new identity for the network that suits the upcoming phase.
The central bank and local banks have completed these activities, and a number of activities have been launched in the financial market.
Culminating these efforts, the Central Bank is pleased to announce the new identity of the Saudi Payments Network "Mada," which represents the commercial name for the ATM and point-of-sale card service. The importance of the "Mada" electronic payment service lies in its role as the natural evolution of the Saudi Payments Network, making it "the first choice for payment in stores." This new service is characterized by safe and advanced technologies that effectively contribute to reducing the volume of cash transactions in the retail sector to its lowest levels, thereby decreasing the volume of circulating cash. This represents an optimal opportunity for the banking sector to enhance efficiency in financial transactions.
According to the marketing plan overseen by a team from local banks, the launch process will occur in phases, each targeting the introduction of the service to specific groups. The first phase of the identity launch, called the Soft Reveal phase, begins from the date of this announcement and aims to introduce the new identity within the banks to merchants. A specialized team from the Central Bank – General Directorate of Payment Systems – will communicate with all network members to provide the necessary mechanisms and tools for this.
The active participation of member banks and the concerted efforts in the service application program will, by the will of God, lead to the desired success. Therefore, we emphasize the importance of member banks' commitment to the following:
- Complete familiarity and thorough knowledge of the service and its benefits by all parties, whether customers or bank employees.
- Adhering to the implementation of "Mada" standards for point-of-sale services, as well as performance indicators for providing the service.
- Service marketing for various bank customers, including cardholders and merchants, and working on developing joint marketing programs with customers.
- Increasing public awareness of the importance of the service and encouraging its use as a safe alternative to cash.
Attached with the circular is a CD containing a number of attachments that help member banks in carrying out identification tasks.
- The introductory bulletin for the "Mada" service for bank employees via email.
- The introductory bulletin to be published on the bank's internal web page.
- The format of the letter addressed to merchants as part of the service introduction package for merchants.
The Central Bank's team will communicate with marketing managers at the banks in the coming stages to launch the Mada service according to the pre-prepared plan, which includes specific dates for each stage.
The member banks of the Saudi Payments Network
SPAN member banks
1. EMIRATES NBD SAUDI ARABIA 2. NCB 3. NATIONAL BANK OF BAHRAIN 4. BANK ALBILAD 5. ALJAZIRA BANK 6. GULF INTERNATIONAL BANK 7. RIYAD BANK 8. SABB 9. BANK SAUDI FRANSI 10. SAUDI HOLLANDI BANK 11. THE SAUDI INVESTMENT BANK 12. ARAB NATIONAL BANK 13. NATIONAL BANK OF KUWAIT 14. BANK MUSCAT 15. SAMBA 16. ALINMA BANK 17. RAJHI BANK - Raising the quality level by implementing service level agreements.
Guidelines on Internal Controls
1) Saudi Central Bank is empowered to regulate the commercial banks by its Charter issued by the Royal decree No. 23 dated 23- 5-1377H (15 December 1957G). In exercise of the powers vested upon it under its Charter and the Banking Control Law, Saudi Central Bank has issued Guidelines on Internal Controls which represent minimum requirements for banks operating in Saudi Arabia.
2) In 1989, Saudi Central Bank issued Guidelines on Internal Controls for Commercial Banks which provided details of internal controls that were to be applied by a bank for its various activities, processes and products, such as controls on cash, investments, loans, deposits, letter of credit etc. Since, the issuance of the 1989 Guidelines on Internal Controls, a number of developments have taken place. It is now widely recognized that there are no specific or prescribed controls or risk mitigants for a banking activity or process; instead the type and extent of internal control depends upon the risk appetite and risk tolerance associated to that banking activity or process and that are necessary to achieve its strategic objectives. Nevertheless, there are certain universally accepted and time tested principles which need to be followed while developing an internal control framework irrespective of the strategic objectives and associated risks, size, nature or complexity of a bank’s business or an organization.
3) These guidelines include a brief introduction to the Internal Controls, followed by Objectives of Internal Control System, Control Principles, Components of Internal Control System, Responsibilities of key players, Implementation of Internal Controls, Evaluation of Internal Controls, and finally, Reporting of Internal Controls. The salient features of the guidelines are as under:
a) Objectives of internal controls can be divided into three categories - performance, information and compliance objectives. Internal controls for assets protection, operational efficiency and risk management tend to achieve performance objective; those meant for ensuring accuracy of recording and adequacy of disclosure are meant to serve information objective, and those for ensuring adherence to laws, regulations and internal polices, are meant to serve compliance objective of internal controls. b) For establishing an internal control framework, it is important to identify and understand its different components. Major components include: Control environment; Risk assessment; Instituting Control; Accounting, information and communication systems; and Self-assessment or monitoring. c) Regarding responsibility for putting in place an effective internal control system, all employees are ultimately responsible for operating and maintaining an efficient internal control system at their respective levels. However, the Board of Directors is responsible for ensuring the existence of an efficient internal control system. Management is responsible for appropriate design and functioning of the system, and the internal audit and compliance for continuous monitoring and evaluation of that system. Also, the external auditor is responsible for determining the adequacy of internal control and to decide on the level of reliance in making his opinion and finally, the regulator is responsible for reviewing the internal controls for ensuring compliance with relevant guidelines, laws and regulations. d) Regarding implementation of internal controls, it should be noted that there is no universal model or design for this purpose. It depends upon the organization's strategic objectives and associated risks, size, nature, complexity, scope, etc. However, as a minimum, the implementation process should involve all functions and key players - Board, Audit Committee, Risk Management Committee, Senior Management, Risk Management, Internal Audit and Compliance function. They should compare the current best practices with the control model and identify gaps, if any; assess the business environment, organization culture and key players to ensure that the internal control system is functioning effectively. e) Evaluation is an important activity and is meant to detect errors / discrepancies in the internal control system; to minimize deviations from policies, procedures and laws; and to recommend improvements. Evaluation is a multi-party process done by Compliance Officer, Internal Auditor, External Auditor and the Supervisor. Different parties use different techniques keeping in view the objectives of their evaluation. f) Final part of guidelines is regarding reporting on internal controls. The reports are evidence of understanding of the Board of Directors, management and auditors regarding the robustness and effectiveness of internal controls vis-a-vis activities of the institution.
4) The attached guidelines are aimed at providing guidance to banks in instituting an effective internal control system. The banks are required to take necessary steps, including evaluation and documentation of their existing Internal control practices In light of Saudi Central Bank's Guidelines on Internal Controls. They should act to address gaps identified as a result of the evaluation and train their staff to implement these within the timelines as stated in section 6 of attached Guidelines on Internal Controls.
5) These guidelines shall be applicable to locally incorporated banks as well as the branches of foreign banks (the banks). The branches of foreign banks licensed and operating in Saudi Arabia shall also follow these Guidelines and apply them to the extent practical and with such modifications as may be considered expedient keeping in view the size and complexity of their business activities. In case of foreign banks' branches, the responsibilities of Board of Directors as explained in these guidelines will rest with the Chief Executive Officer or a designated Senior Management Committee at Head Office level that is responsible for the branch.
6) The attached Guidelines shall come into force with immediate effect and banks are advised to take necessary steps to ensure compliance of these guidelines. In case there are any practical issues in implementation, banks should approach Saudi Central Bank to seek further guidance for addressing such issues. The attached guidelines will replace the previously issued Guidelines on Internal Controls for Commercial Banks vide circular dated 9 December 1989.