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4. General Principle

No: 43038156 Date(g): 2/12/2021 | Date(h): 27/4/1443 Status: In-Force
4.1Principle 1.0: Banks conducting Shari'ah compliant Banking shall have in place a comprehensive risk management and reporting processes, including appropriate board and senior management oversight, to identify, measure, monitor, report and control all relevant categories of risks. The process shall take into account appropriate steps to comply with Shari'ah rules and principles.
 
 Board of Directors (BOD) oversight;
 
4.2The Board of Directors is responsible for establishing a robust and effective risk management framework for the Bank.
 
4.3As there are specific risks associated with Shari'ah compliant Banking, the risk management activities of Banks conducting Shari'ah Compliant Banking require active oversight by the Board of Directors and Senior Management. The Board of Directors or the related committee of the Board shall approve the risk management objectives, strategies and policies that are consistent with the risk profile, risk appetite and risk tolerance for the Bank.
 
4.4The Board of Directors or the related committee of Board shall ensure the existence of an effective risk management structure for conducting activities including adequate systems for measuring, monitoring, reporting and controlling risk exposures commensurate with the scope, size and complexity of the Bank’s business and operations.
 
4.5The Board of Directors or the related committee of Board shall review the effectiveness of the risk management activities periodically and make appropriate changes as and when necessary.
 
 Senior Management oversight:
 
4.6The senior management shall develop and implement well defined procedures for identifying, measuring, monitoring and controlling risks in line with the risk management objectives, strategies and policies approved by the Board of Directors or the related committee of Board.
 
4.7Senior Management shall execute the strategic direction set by the Board of Directors or the related committee of Board on an ongoing basis and set clear lines of authority and responsibility for managing, monitoring and reporting risks. The Senior Management shall ensure that the financing and investment activities are within the approved appetite and risk tolerance limits.
 
4.8Senior Management shall ensure that the risk management function should be separated from risk taking function and is reporting directly to the Chief Executive officer/General Manager. In addition, the Chief Risk Officer shall have independent access to the related committee of the Board ultimately responsible for establishing the risk management in the Bank. The risk management function shall define the policies, establish procedures and monitor compliance with the established limits and report to the related committee of the Board and Senior Management on risk matters accordingly.
 
 Risk Management Process:
 
4.9The Bank shall have a sound process for executing all elements of risk management including risk identification, measurement, mitigation, monitoring, reporting and control. This process requires the implementation of appropriate policies, limits, procedures and effective management information systems (MIS) for internal risk reporting and decision making that are commensurate with the scope, complexity and nature of the Banks’ activities.
 
4.10The Bank shall ensure that an adequate system of controls with appropriate checks and balances is set in place. The controls shall (a) comply with the shari’sah rules and principles; (b) comply with applicable regulatory and internal policies and procedures; and (c) take into account the integrity of risk management processes.
 
4.11The Bank shall make appropriate and timely disclosure of information to depositors having deposits on Profit and Loss Sharing basis (also known as Profit-sharing Investment Accounts, PSIAs) so that they are able to assess the potential risks and rewards of their deposits and protect their own interests in their decision making process.
 
4.12In addition to the above, the following general requirements shall also be taken into account by Banks:
 
 i.Application of Emergency and Contingency Plan: The Senior Management shall draw up an emergency and contingency plan, approved by the Business Continuity Committee as required under the Business Continuity Management Framework issued by SAMA in February 2017 or the updated version as applicable in order to be able to deal with risks and problems which may arise from unforeseen events.
 
 ii.Integration of Risk Management: While assessing and managing risk, the management should have an overall view of risks the Bank is exposed to. This requires having a structure in place to look at risk interrelationships across the Bank. Such a setup could be in the form of a separate department or Bank’s Risk Management Committee could perform such a function. The structure should be such that ensures effective monitoring and control over risks being taken.
 
 iii.Risk Measurement: For each category of risk, the Bank is encouraged to establish systems/models that quantify its risk profile. The results of these models should be assessed and validated by an independent function within or outside the Bank.
 
 iv.Utilization: The Bank should develop a mechanism which should, to the highest possible extent, monitor that funds provided by the depositors and investors were utilized for the purpose these were advanced.
 
 v.Role of Risk Administration Department: It should be separated from the department originating the risk. It should be among the responsibilities of Risk Administration Department to monitor that the documents are obtained according to the requirements as specified in the product. For example, the dates play a very important role in Murabahah transactions and any transaction can be rendered invalid if the sequencing of obtaining documents is changed.
 
 vi.Management Information System: The Bank should specify control reports to be prepared by the independent risk management department that should be periodically (at least quarterly) submitted to the related committee of Board and the Senior Management.
 
 vii.Human Resources: The Bank shall ensure that the board members, senior management and staff working on related Shari’ah compliant products and processes have been adequately trained regarding Shari'ah principles and procedures.
 
4.13The risk management approaches and methodologies must be able to distinguish the different nature and combination of risks that are associated with various types of Shari'ah compliant contracts used to structure financial products. A robust and dynamic risk assessment approach is required for products that involve different types of Shari’ah compliant contracts throughout the life of the product.