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2.3.1 Statutory and Regulatory Liability

Status: In-Force

Globally, banking laws and regulations are becoming more complex, compliance more costly and time consuming, and the consequences of non-compliance (financial, legal, and reputation) more severe. In addition, some countries are increasingly applying criminal statuses to such essentially non-criminal areas as investment operations and cash management services. These liabilities may take three forms:

  • 1. Financial Penalties : Within the Kingdom, violation of SAMA circulars and directives may result in substantial financial penalties being levied. Saudi banks operating outside the Kingdom are also subject to not only fines imposed by regulatory agencies, but may also find themselves responding to both civil and/or criminal charges which may carry financial penalties of such a magnitude as to cause a substantial impact on the balance sheet.

  • 2. Restriction or Termination of Operations: Within Saudi Arabia, violation of SAMA rules and directives may lead to censure by the regulators and, in extreme cases, restriction of certain banking activities or total revocation of banking privileges within the Kingdom. This exposure is even more severe for Saudi banks operating outside the Kingdom. Even relatively minor technical violations of banking regulations may lead to the closure of major overseas branches.

  • 3. Risk to Reputation: All banks fundamentally operate on the basis of trust. Therefore, publicity associated with statutory and regulatory infractions may act to undermine this trust with both customers and shareholders. While banks may be able to absorb both financial penalties and regulatory sanctions, they cannot absorb a major loss of customer and investor confidence.

Therefore the maintenance of aggressive and highly pro-active compliance program by banks is becoming increasingly more critical as a major component in controlling the operational risks associated with regulatory and legal non-compliance.