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  • Chapter 5 Supervisory Authorities

    • Section 1 Supervisory Authority for Financial Institutions and DNFBPs

      • Article (44)

        The Supervisory Authorities, each in accordance with its specialisations, shall assume the functions of supervision, monitoring and follow-up to ensure compliance with the provisions of the Decretal-Law and this Decision and shall be specialised in the following:

        1. Conducting a risk assessment for any potential occurrence of the Crime in legal persons, including Financial Institutions and DNFBPs.
           
        2. Putting in place the Crime-Combating regulations, instructions and forms for the entities subject to their supervision, when necessary.
           
        3. Putting in place the required procedures and controls to assess the compliance of supervised institutions with the provisions of the Decretal-Law and this Decision and any other legislation related to combating the Crime in the State, as well as to request the information relating to such compliance.
           
        4. Setting and applying the regulations, controls, standards of merit to anyone who seeks to acquire, control, participate in management or operation, whether directly or indirectly, or to be the beneficiary of Financial Institutions and DNFBPs.
           
        5. Conducting onsite and offsite supervision and inspections over Financial Institutions and DNFBPs.
           
        6. Determining the frequency of supervision and inspection over Financial Institutions, Financial Groups, and DNFBPs based on the following:
           
          1. National Risk Assessment
             
          2. Distinctive characteristics of Financial Institutions, Financial Groups and DNFBPs in terms of their diversities, numbers and the degree of discretion provided to them under the risk-based approach.
             
          3. Risks of the Crime as well as internal policies, controls and procedures associated with Financial Institutions, Financial Groups, or DNFBPs as identified by the Supervisory Authority’s assessment of each’s risk profile.
             
        7. Undertaking all measures to ensure full compliance of the Financial Institutions and DNFBPs in implementing Security Council Resolutions relating to the prevention and suppression of terrorism and Terrorism Financing, and the prevention and suppression of the proliferation of weapons of mass destruction and its financing, and other related decisions, by conducting onsite visits and on-going monitoring, and imposing appropriate administrative sanctions when there is a violation or shortcoming in implementing the instructions.
           
        8. Ensuring that the prescribed measures are adopted by the supervised institutions in accordance with the provisions of the Decretal-Law and this Decision, and that these measures are implemented in their foreign branches and majority-owned subsidiaries to the extent permitted by the laws of the country, where those branches and subsidiaries exist.
           
        9. Periodically reviewing the assessment of the Crime risk profile of a Financial Institution and Financial Group (including the risks of non-compliance), and when there are major events or developments in the management and operations of the Financial Institution or Group.
           
        10. Ensuring the compliance of Financial Institutions and DNFBPs subject to their supervision in implementing enhanced CDD measures on Customers and ongoing monitoring of the business relationship related to High-Risk Countries.
           
        11. Providing Financial Institutions and DNFBPs with guidelines and feedback to enhance the effectiveness of implementation of the Crime-combatting measures.
           
        12. Maintaining an up-to-date list of the names and data of compliance officers of the institutions under their Supervision, and notifying the FIU thereof; and requiring those institutions to obtain their prior consent before appointing their compliance officers.
           
        13. Conducting programs and outreach campaigns on combating the Crime.
           
        14. Issuing decisions of imposing administrative sanctions in accordance with the provisions of the Decretal-Law and the present Decision, and the mechanism for submitting relevant grievance.
           
        15. Maintaining statistics about the measures taken and sanctions imposed.
           
    • Section 2 Supervisory Authority for Non-Profit Organisations

      • Article (45)

        The Competent Supervisory Authority for NPOs shall commit to the following:

        1. Obtaining, in a timely manner, all information available with all Competent Authorities regarding NPO activities for the purpose of determining the size, features and types of NPOs, and identifying the threats posed against them by terrorism organisations, and the extent to which they are exposed to the risk of being misused for supporting Financing of Terrorism and Financing of Illegal Organisations, and then taking all appropriate and effective measures to combat these identified risks and reviewing them on a periodic basis to ensure their adequacy.
           
        2. Reviewing the relevance and adequacy of legislation relating to NPOs to stop their misuse for supporting the Financing of Terrorism and of Illegal Organisations, and working to improve them when necessary.
           
        3. Periodically reassessing NPOs by reviewing updated information on their potential vulnerabilities, which may be exploited in support of Financing of Terrorism.
           
        4. Promoting and conducting awareness outreach and educational programs in order to raise awareness of NPOs and their donators on their potential vulnerabilities, which may expose them to risks of being misused for supporting and financing of Terrorism, and measures that can be taken by NPOs to protect themselves from such risks.
           
        5. Supervising and monitoring NPOs using a risk-based approach to prevent their misuse in the Support and Financing of Terrorism and ensure compliance with their requirements.
           
        6. Cooperating, coordinating and exchanging information at the local level with Competent Authorities that hold relevant information on NPOs.
           
        7. Possessing experience in the field of investigations and the ability to examine NPOs that are suspected of being misused for supporting and financing of terrorism.
           
        8. Fully reviewing the information relating to the administration and management of any NPO, including financial information and information relating to its programs.
           
        9. Establishing mechanisms to ensure the prompt exchange of information with Competent Authorities for the purpose of taking preventive measures or investigative action when there is suspicion or reasonable grounds to suspect that the NPO is:
           
          1. A front for the raising of funds on behalf of a terrorist organisation.
             
          2. Being exploited as a conduit for the Financing of Terrorism or for the evasion of asset freezing measures or any other form of terrorism support.
             
          3. Concealing or disguising the flow of funds intended for legitimate purposes, but redirected for the benefit of terrorists or terrorist organisations.
             
        10. Determining the appropriate points of contact and procedures required to respond to international requests for information regarding NPOs suspected of Financing of Terrorism or is being exploited for the Financing of Terrorism or other forms of terrorism support.