Part Three : Reporting Banking Risks and Requesting Special Information
Chapter One : General Provisions
Article 40 :
( 1 ) Banking Risks statements shall be prepared according to Form (R.B. –5). A special statement is prepared for each customer who comes under the provisions of these regulations.
( 2 ) A code number shall be used to identify the reported customer and another code number identifying the Institution. The keys for both code numbers shall be available only to the Risks Bureau and the Institution.
Article 41
(1) Banking risks statements shall be prepared according to the positions of such risks at the last working day of the month being reported, i.e. according to the position of credits in the Institution’s records at the mentioned date.
(2) Statements shall be prepared in duplicate; each signed by the specially authorized signatory of the Institution, i.e. who is authorized by the Institution to sign these statements which shall be delivered to the Risks Bureau before the twenty fifth day of the month following that of the statements.
(3) Statements shall be put in a sealed envelope which shall be put inside another one sealed by red wax and sent under covering letter according to Form (R.B. –6) in duplicate. Each copy bears the Institution’s stamp and signature. The covering letter shall indicate the number of statements contained in the inner envelope and the relevant month.
Article 42 :
After receiving the envelope and making sure that the number of statements conforms with that mentioned in the covering letter, the Risks Bureau shall return to the Institution the duplicate copy of the covering letter after entering in the relevant place acknowledgement of receipt of the envelope with the number of statements.
Article 43 :
If the Institution deemed it necessary to add some explanations and clarifications on the statement, it should record the same on a separate sheet in duplicate to be attached to both copies of the statement. Both copies shall bear the customer’s code number. Institutions should avoid mentioning any information therein that might identify the customer.
Article 44 :
To facilitate the task of the Risks Bureau and to enable it to discover mistakes, all institutions are requested to take the utmost care in preparing statements and securing correct information required to be entered therein.
Article 45
Institutions shall be furnished with the printed matter necessary for the preparation of statements by the Risk Bureau exclusively.
Chapter Two : Credits (risks) which should be reported
Article 46
In application of Article 4 of the Risks Bureau’s Regulations, each Institution operating in the UAE should submit a statement on each of its customers when total credits extended to him reach or exceed Dh. 500,000
Article 47
In order to know if the credits granted to a customer amount to the minimum limit shown in the preceding Article, the Institution shall add all of the various types of credits opened for the customer as indicated in the statement of Form (R.B. –5) whether such credits are used or not and whether the Institution has notified the customer about them or not.
Article 48 :
Dirham and foreign currency credits should be reported. Foreign currency shall be converted into dirhams according to exchange rates in force at the date of the report.
Article 49 :
Credits extended by the Institution to its customers abroad shall also be reported. Credits extended by a resident Institution to another resident Institution and credits extended to one of the public departments or organizations should be reported also.
Article 50 :
Statements shall be made on the customer whom the Institution has extended credit:
(1) As regards commercial papers (checks, discounted bills of exchange, etc...) the statement would contain data on the customer who endorses them to the Institution.
(2) As regards credits covering acceptances or guarantees the statement shall cover the customer for whom the Institution gave the acceptance or the guarantee.
(3) As regards documentary letters of credit, the customer who requested the opening of the documentary letter of credit shall be reported.
Chapter Three : Explanations of Banking Risks’ Statement
Article 51 Economic Sector
Institutions should mention the customer's sector according to his practiced profession. Institutions shall use the attached annex to specify s . economic sector. Writing only the number of the economic sector will suffice. In case the customer is practicing various professions at the same time, all of them must be mentioned
Article 52 Code Number
(a) the Institution : The code number given by the Risks Bureau for the Institution preparing the statement shall be mentioned.
The customer : The customer’s code number given in the detachable part of the customers list by the Risks Bureau shall be mentioned.
Article 53 : Date of Statement
End of month for the credits reported in the statement shall be mentioned.
Article 54 Credits
Credits reported in the statement shall be detailed according to the following:
Discounts
(2) Loans and advances against merchandise, excluding credits extended against import and/or export documents (items 5 and 6 below)Loans and advances secured by real guarantees (excluding those against merchandise).
Loans and advances secured by personal guarantees
Loans and advances secured by documentary credits for imports.
(6) Loans and advances secured by presentation of export documents.
(7) Loans and advances against documentary credits for exports.
(8) Unsecured loans and advances.
(9) Acceptances.
(10) Documentary letters of credit
( 1 ) Guarantees.
The first eight types (1–8) deal with obligations representing actual credit. But the last three (9–11) do not represent more than a promise given by the Institution to lend its signature to the customer. These types do not lead to an actual credit except in the case of customer’s default.Article 55 : Discounts
It shall be recorded under this item the credits opened and those actually used against commercial papers discounted by the customer in favour of the Institution. Excluded items are discounting collateral merchandise bonds (warrants) which are included under item (2), and discounting of promissory notes which the customer signs in favour of the Institution and which are included under one of the items 2 to 8 according to the guarantees provided to secure debt.
Article 56 : Collateral Merchandise Bonds (Warrants) and Advances against Merchandise
Under this item shall be recorded the opened and/or used credits through:
( ) Discounting collateral merchandise bonds (warrants)
(2) Loans and advances secured by pledging the customer's merchandise with the Institution.
Article 57 Loans and Advances Secured by Real Guarantees
It shall be recorded under this item the opened credits and those used as loans and advances totally secured by real guarantee (movable values, gold, foreign currencies real mortgage, commercial bonds ) established especially to guarantee debt repayment, but excluding loans and advances against merchanise and the like included under item (2)
But if the mortgage does not secure more than a part of the credit, the unsecured part shall be recorded either under item (8) – unsecured advances, or under item (4) if secured by personal guarantees.
Institutions attention should be drawn to that:
( ) the credits against discounting promissory notes written by the customer in favour of the Institution and secured by real guarantee shall be recorded under item (3) unless the guarantee was merchandise then the credit in this case shall be recorded under item
Advances against pledging commercial papers shall be recorded in item (3) unless such papers are discounted then they should be recorded in item (1).
Article 58 Loans and Advances Secured by Personal Guarantees
These are the opened or used credits in the form of loans and advances extended by the Institution to a customer and are totally or partially secured by personal guarantees, or by discounting of promissory notes signed by the customer in favour of the Institution and guaranteed by other persons.
Article 59 : Loans and Advances against Documentary Credits For Imports
These are credits extended to the customer by the Institution to cover cash payment such is part of the total amount of the documentary credit opened by the customer for imports, or are credits extended by the Institution to the customer when the former pays the cost of the imported goods and delivers shipping documents to the latter who has not yet paid its cost to the Institution.
Article 60 : Loans and Advances Secured by Presentation of Exports Documents
These represent credit extended to the exporting customer when he presents the shipping documents to the Institution which pays him its value before the Institution receives its value from the foreign importer.
Article 61 Loans and Advances against Documentary Credits for Exports
When the Institution extends a credit to a UAE exporter against a documentary credit opened in his favour with the Institution.
Article 62 : Unsecured Loans and Advances
It shall be recorded under this item the credits opened or used by the customer without any guarantee whatsoever or against discounting promissory notes written by the customer in favour of the Institution and secured by no more than the customer.
Article 63 Note relating to Articles 1 to 8
If both personal and real guarantees are submitted at the same time against a certain credit, Institutions are required to evaluate in each case separately the nature and weight of the submitted guarantee and under which category the credit should preferably be recorded or to which categories should be distributed. The Institution should be careful not to record a single credit under two different items.
Article 64 : Acceptances
It shall be recorded under this item non-cash credit facilities provided by the Institution to their customers in such a manner where the Institution pledges to pay to the beneficiary the value of the commercial papers which shall become due on the customers in a later date.
Article 65 : Documentary Credits
It shall be recorded under this item the credits extended by the Institution to the customer in the form of opening documentary credits at the customer’s order without debiting him with the transaction value except in a contra account or without charging him with an advance cash prepayment to cover the opened credit.
But when the customer pays an advance cash prepayment or when the Institution debits the customer's account with the amount of the advance cash prepayment, then what should be mentioned in this column will be the remaining balance of the opened documentary credit after deducting the amount of prepayment.
Article 66 Guarantees
It shall be recorded under this item the non-cash credit facilities provided by the Institutions to their customers such that the Institution pledges to pay to the creditors of its customers the value of the security asked of them against fulfilment of certain obligations in favour of their creditors. This item covers also the non-cash credit facilities extended as a result of customers guaranteeing other person …….. would have never obtained these facilities had it not for the pledge of those customers. It is required that the customer guarantor should not be originally obligated to pay such debt.
Article 67 Opened Credits – Used Credits
In the column of opened credits, the Institution shall record for each of the credit types the maximum limit opened for its customer, whether the latter has used the credit or not, and also whether the Institution has notified the customer in writing of its opening, or it has been opened pursuant to a verbal notice, or just after an internal approval. In all cases the amount of the opened credit should be mentioned even if no part thereof has been used.
With regard to the column of used credits, the Institution shall record for each of the credit types the amount actually used by the customer from the credit initial amount at the end of the month of report. Institutions should pay attention in particular to record the amount used by the customer as a used credit irrespective of whether the Institution has secured the credit from other institutions or not. Commercial papers in collection shall be considered as used credits if they were discounted. But if they were deposited by the customer for collection only they shall not be considered as used credits.
Chapter Four : Requesting Special Information
Article 68 :
(1) The Risks Bureau may give the Institutions, upon their written application a statement containing the total credits extended to a given person or institution.
(2) Request for special information shall be of two types The first is to enquire about total credits extended by all Institutions to a natural or legal person who is not an institution’s customer. The second is to enquire about total credits extended by all Institutions to a natural or legal person who is an Institution's customer
(3) An Institution may not apply for special information about a natural or legal person unless such person is one of the Institution’s customers, or is seeking to deal with the Institution, or the Institution is engaged in a transaction with which the customer is related and for this reason the Institution is requesting the special information.
Article 69
(1) Applications for special information about credits (banking risks) should be prepared on printed matter o Form (R.B. –7) for requests of the first type, and of Form (R.B. –8) for those of the sec...... type.
(2) Such applications shall be in duplicate placed in red wax sealed envelope and shall be answered in accordance with the rules specified for sending statements or answering them.
Article 70
The Risks Bureau shall not reply to a verbal request especially those made by telephone. Also it shall not answer verbally or by telephone those duly submitted written requests. Also it shall not reply to request sent by telex.
Chapter Five Miscellaneous Provisions
Article 71
The Risks Bureau shall not be held responsible for any error whatsoever that might occur as a result of a mistake or incorrect information reported to it in the statements on banking risks or for delay in reporting such information. Also this Bureau shall not be liable whatsoever for omissions or errors that might be incurred by its employees
Article 72 :
(l) Correspondence shall be addressed follows:
Central Bank of the UAE – Head of Risks Bureau Risks Bureau – Abu Dhabi P.O. Box 354
(2) Envelopes containing banking risks statements or list of code numbers or request for special information should be sealed with red wax.