4.1 Eligible Complaints

4.1.1. The Ombudsman Unit may accept Complaints in relation to the conduct of a Licensed Financial Institution or an Insurance Company, involving:

1. the provision of a service or product or an offer to provide a service or product by the Licensed Financial Institution or Insurance Company;
    
2. a failure by the Licensed Financial Institution or Insurance Company to provide a particular service or product requested by the Complainant, due to reasons that discriminate on the grounds of family or socio-economic status, gender or being a member of a Minority Group;
    
3. an alleged financial loss or harm to a Complainant through any deceptive, misleading, fraudulent or unfair conduct by or on behalf of the Licensed Financial Institution or Insurance Company.
    

4.1.2. The Ombudsman Unit can reject a Complaint, where:

1. the conduct giving rise to the Complaint is or has been the subject of legal proceedings before a Court in the State ;
    
2. the Complaint has not been raised or properly communicated to the Licensed Financial Institution or Insurance Company concerned ;
    
3. the Complainant has not provided at least 30 complete business days’ response time, or such other time limit as may be prescribed by the Central Bank for the Licensed Financial Institution or Insurance Company, to provide a final response in Writing to the Complaint ;
    
4. the Complaint relates to a matter that occurred outside the time limits as specified in Article 4.4 ;
    
5. the Complaint materially relates to a Licensed Financial Institution or Insurance Company's risk management, internal pricing policy or AntiMoney Laundering policies and practices; or
    
6. the Complaint has already been settled between the Complainant and the Licensed Financial Institution or Insurance Company.
    

4.1.3. The Complaint may be made by any Complainants having an interest in the subject matter of the Complaint. The Ombudsman Unit may consider the subject matter of a Complaint without the participation of one or more Complainants that may be affected by the subject matter of the Complaint.

4.1.4. The Ombudsman Unit shall publish the acceptable format for filing Complaints on its website or by way of other communications generally available to the public.

4.1.5. The Complainant may withdraw the Complaint at any time by giving a formal notice of withdrawal, in Writing, to the Ombudsman Unit. The Ombudsman Unit shall, within 5 business days, notify the Licensed Financial Institution or Insurance Company about the withdrawal of the Complaint by the Complainant.

4.1.6. The Ombudsman Unit may refuse to accept or may discontinue a review of a Complaint, where in the opinion of the Ombudsman Unit:

1. the Complaint is frivolous or vexatious or was not made in good faith;
    
2. the Complainant has no vested interest or an insufficient interest in the conduct complained of ;
    
3. the Complaint is or was subject to Court proceedings or the subject matter of the Complaint is of such a degree of complexity or is about the legitimate exercise of commercial judgment that the Courts are a more appropriate forum;
    
4. the Complaint was previously considered by the Ombudsman Unit, unless material new evidence has since become available and the Ombudsman Unit is satisfied that the new Information warrants treating it as a new Complaint;
    
5. the Licensed Financial Institution or Insurance Company are offering a reasonable amount for the actual loss / harm suffered by the Complainant.
    

4.1.7. The decision of the Ombudsman Unit will be final with respect to the Ombudsman Unit’s jurisdiction and acceptance of Complaints.

4.1.8. The Ombudsman Unit may make preliminary inquiries before deciding whether a Complaint should be reviewed. It may request either party to the Complaint to provide further particulars of the Complaint in Writing, within a period not exceeding 10 business days.

4.1.9. Within 5 business days after deciding not to review or to discontinue a review of a Complaint, the Ombudsman Unit shall inform the Complainant, Licensed Financial Institution and Insurance Company in Writing of the decision and the reasons for it.

4.1.10. The Ombudsman Unit shall keep the parties to the Complaint informed, as to the progress of the review.

4.1.11. The Ombudsman Unit shall have the capability to communicate with the Complainants in English or/and Arabic language, as preferred by the Complainant.

4.1.12. The Ombudsman Unit shall allocate the jurisdiction of the Complaint to Licensed Financial Institution or Insurance Company, as the case may be, at the beginning of the Complaint resolution process.

4.1.13. The Ombudsman Unit shall obtain from Complainants, appropriate consent concerning the release and treatment of confidential Information related to the Complainants.

4.2 Financial Inclusion

4.2.1. The Ombudsman Unit shall have provisions in place to handle Complaints from vulnerable groups and People of Determination in its Complaints resolution process.

4.2.2. The Chief Ombudsman shall have the power to waive all Fees in cases where the Complainants have little or no means of their own.

4.3 Undertaking to Comply

4.3.1. The Licensed Financial Institutions and Insurance companies shall comply with and be bound by this Regulation.

4.3.2. The Ombudsman Unit shall ensure that all parties to a Complaint shall :

1. fully cooperate with the Ombudsman Unit and assist in its review of a Complaint;
    
2. shall comply with a requirement or request made by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee.
    

4.3.3. The Licensed Financial Institutions and Insurance companies shall not:

1. obstruct or hinder or cause delay in providing requested Information to the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee in the performance of its functions conferred by this Regulation;
    
2. fail to comply with a requirement or request made by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee under this Regulation ;
    
3. provide false, incomplete and misleading information;
    
4. fail to disclose Information relevant to a review that had not been specifically requested by the Ombudsman Unit while knowingly withholding this Information from the Ombudsman Unit, or;
    
5. attempt to recover from the Complainant, any related costs incurred in the Complaint resolution process at the Ombudsman Unit.
    

4.3.4. The Complainant shall agree to be bound by Article 4.3.2, at the time of submitting the Complaint to the Ombudsman Unit.

4.3.5. Where the Licensed Financial Institution or the Insurance Company fails to fully cooperate in the review, the Ombudsman Unit shall escalate the matter to the Central Bank for enforcement action.

4.3.6. Where the Complainant fails to fully cooperate in the review, the Ombudsman Unit may in its discretion, terminate the Complaint.

4.3.7. Licensed Financial Institutions and Insurance companies shall inform the Consumers in Writing of their legal right to go to the Ombudsman Unit with their Complaint. Licensed Financial Institutions and Insurance companies shall also provide the Consumers with a copy of the detailed contact information of the Ombudsman Unit.

4.3.8. Licensed Financial Institutions and Insurance Companies may appoint an individual who shall be responsible for representing the Licensed Financial Institution or Insurance Company and furnishing information on their behalf in respect of Complaints.

4.4 Time limits

4.4.1. A Complaint shall be made to the Ombudsman Unit within whichever of the following periods is the last to expire:

1. 3 years from the date of the conduct giving rise to the Complaint;
    
2. 2 years from the date on which the Person making the Complaint became aware of the conduct giving rise to the Complaint.
    

4.4.2. For the purposes of Article 4.4.1:

1. conduct that is of a continuing nature is taken to have occurred at the time when it stopped and conduct that consists of a series of acts or omissions is taken to have occurred when the last of those acts or omissions occurred; and
    
2. conduct that consists of a single act or omission is taken to have occurred on the date of that act or omission.
    

4.4.3. If the Ombudsman Unit considers it fair to do so, it may review a Complaint it receives later than the timelines mentioned under Article 4.1.1. In assessing the fairness of doing so, the Ombudsman Unit will consider, among other things :

1. whether, and in what manner, the Licensed Financial Institution or the Insurance Company notified the Complainant of the right to bring a Complaint to the Ombudsman Unit, including whether any written notice provided by the Licensed Financial Institution or the Insurance Company sufficiently specified the timelines within which the Complainant has the right to bring a Complaint to the Ombudsman Unit and whether the Licensed Financial Institution or the Insurance Company adhered to any Complaint handling requirements that may apply ;
    
2. the extent to which the Complainant and the Licensed Financial Institution or the Insurance Company were occupied with negotiations for the resolution of the Complaint during the timelines stipulated in Article 4.1.1; and
    
3. whether the Complainant was subject to extraordinary circumstances.
    

4.4.4. Within 12 months from the date of implementation of the Ombudsman Unit or as otherwise provided for by the Central Bank, the Ombudsman Unit shall publish performance standards related to:

1. Turnaround time by Ombudsman Unit with respect to acknowledgement of receipt of Complaint to the Complainant ;
    
2. Time limit by which parties to a Complaint shall appeal the Determination to the Appeals Committee or Insurance Dispute Resolution Committee;
    
3. Time limit by which the Ombudsman Unit shall provide a report, after the Ombudsman Unit , Appeals Committee or Insurance Dispute Resolution Committee has provided a Determination;
    
4. Time limit for the Licensed Financial Institutions and Insurance companies to settle the Complaint.
    

4.5 Review of Complaints

4.5.1. Subject to Article 4.1, the Ombudsman Unit may decide to conduct a review of a Complaint referred to them.

4.5.2. The Ombudsman Unit shall give written notice of its decision to carry out a review to the Licensed Financial Institution, Insurance Company, Complainant and any other parties, as deemed relevant by the Ombudsman Unit. The notice will specify:

1. summary description of the Complaint and the scope of the review;
    
2. the name and contact Information of the appointed staff reviewer ;
    
3. the Information or document(s) required;
    
4. the date by which the Information or document is required to be filed; and
    
5. the place at which attendance, if any, is required.
    

4.5.3. The scope and conduct of review shall be determined by the Ombudsman Unit as appropriate in the circumstances of the case.

4.5.4. When reviewing a Complaint about the conduct of a Licensed Financial Institution or Insurance Company, the appointed staff reviewer may, at any time :

1. request additional Information be provided by the Licensed Financial Institution or Insurance Company. If a document is not legible, the Ombudsman Unit may request it be reproduced in a legible form or to provide reasonable Information, in relation to that document, to the Ombudsman Unit.
    
2. request and carry out interviews with key persons that may have knowledge of the circumstances being reviewed.
    

4.5.5. Where the Ombudsman Unit has given a notice of a review of a Complaint, the Ombudsman Unit shall provide the Licensed Financial Institution, Insurance Company and Complainant, an opportunity to make an initial submission, in Writing, within a period not exceeding 10 business days, regarding:

1. the scope of the review ;
    
2. the alleged conduct that is the subject of the Complaint, and;
    
3. a rebuttal of any allegations contained in the Complaint or reference.
    

4.6 Application to the Central Bank for Interpretation/Information, Recommendation and Guidance

4.6.1. When dealing with a Complaint that may involve an issue as to the application of or compliance with a Central Bank Regulation, the Ombudsman Unit may request the Regulatory Development Division of the Central Bank for an interpretation of the Central Bank Regulation.

4.6.2. Where any clarification of Central Bank Regulation in connection with the Complaint concerned has been referred to the Regulatory Development Division of the Central Bank under this Article, the Ombudsman Unit may not:

1. make a Determination to which the clarification is relevant while the reference is pending or;
    
2. proceed in a manner, or make a Determination, that is inconsistent with the interpretation of the Regulatory Development Division of the Central Bank on the clarification.
    

4.7 Determination by the Ombudsman Unit

4.7.1. On completing a review of a Complaint relating to a Licensed Financial Institution or Insurance Company, the Ombudsman Unit shall review the reports, the submissions of the parties and any other evidence that has been gathered and appropriately disclose to the parties subject to compliance with all laws, rules and regulations relating to Financial Crime Compliance. The Ombudsman Unit may then make a Determination, in Writing, that the Complaint:

1. is upheld;
    
2. is partially upheld, or;
    
3. is rejected.

4.7.2. A Complaint may be found to be upheld, or partially upheld on one or more of the following grounds where the conduct complained of, under Article 4.1:

1. was contrary to applicable Central Bank Regulations ;
    
2. was deceptive, misleading, fraudulent or unfair, in its application to the Complainant;
    
3. was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;
    
4. was not provided with satisfactory explanation by the Licensed Financial Institution or Insurance Company;
    
5. was previously found to be unlawful by a court or authorized regulatory body;
    
6. was otherwise contrary to the principles of the Consumer Protection Regulation.
    

4.7.3. A Determination of the Ombudsman Unit under this Article shall be communicated in Writing to the parties by the Ombudsman Unit and such Determination shall include the following:

1. the Determination;
    
2. the grounds for the Determination; and
    
3. any direction or recommendation.
    

4.8. Conduct of review by the Appeals Committee and Insurance Dispute Resolution Committee

4.8.1. Any party to the Complaint may refer the Determination made by the Ombudsman Unit to the Appeals Committee for Complaints against Licensed Financial Institutions or to the Insurance Dispute Resolution Committee for Complaints against Insurance Companies, for further analysis and review.

4.8.2. The request for an appeal by either party shall be made within 30 complete business days from the issue of Determination by the Ombudsman Unit, failing which the Determination shall be considered final and enforceable.

4.8.3. The Ombudsman Unit shall refer the Complaint file to the Appeals Committee or the Insurance Dispute Resolution Committee within a reasonable timeframe

4.8.4. Parties to the Complaint shall be notified of the status of referring the Complaint to the Appeals Committee or the Insurance Dispute Resolution Committee.

4.9 Determination by the Appeals Committee

4.9.1. On completing a review of a Complaint relating to a Licensed Financial Institution, the Appeals Committee shall make a Determination, in Writing, that the Complaint:

1. is upheld;
    
2. is partially upheld, or;
    
3. is rejected.
    

4.9.2. A Complaint may be found to be upheld, or partially upheld on one or more of the following grounds where the conduct complained of, under Article 4.1:

1. was contrary to applicable Central Bank Regulations;
    
2. was deceptive, misleading, fraudulent or unfair, in its application to the Complainant;
    
3. was previously found to be unlawful by a court or authorized regulatory body;
    
4. was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;
    
5. was not provided with satisfactory explanation by the Licensed Financial Institution.
    
6. was otherwise contrary to the principles of the Consumer Protection Regulation, and its accompanying Standards.
    

4.9.3. A Determination of the Appeals Committee under this Article shall be communicated in Writing to the parties by the Appeals Committee and such Determination shall include the following:

1. the Determination;
    
2. the grounds for the Determination; and
    
3. any direction or recommendation.
    

4.10 Finalization of Determinations

4.10.1. Where a Complaint is upheld or partially upheld, the Ombudsman Unit, or in the case of an Appeal, the Appeals Committee or the Insurance Dispute Resolution Committee, may direct the Licensed Financial Institution or Insurance Company to do one or more of the following:

1. review, rectify, mitigate and / or change the conduct complained of or its consequences;
    
2. provide reasons or explanations for that conduct;
    
3. change a practice relating to that conduct;
    
4. recommend to pay a reasonable amount for any actual loss / harm that occurred as a result of the conduct complained of.
    

4.10.2. The Ombudsman Unit, or in the case of an Appeal, the Appeals Committee or the Insurance Dispute Resolution Committee shall give a copy of the Determination under this Article to:

1. the Complainant, and
    
2. the Licensed Financial Institution or Insurance Company to which the Complaint relates
    

4.10.3. Where the Determination under this Article contains a direction or recommendation, the Licensed Financial Institution or Insurance Company concerned:

1. shall comply with the direction or recommendation within such period as is specified in the direction or recommendation, or within such extended period as determined by the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee, and;
    
2. shall not later than 14 business days after the end of that period or extended period, notify in Writing to the Ombudsman Unit, the Appeals Committee or the Insurance Dispute Resolution Committee of action taken to be in compliance with the direction or recommendation.
    

4.11 Enforceability of Requests / Determination by the Ombudsman Unit or/and Appeals Committee

4.11.1. Where a Licensed Financial Institution or Insurance Company fails or refuses to comply with any request by or the Determination by the Ombudsman Unit or the Appeals Committee within the period stipulated under Article 4.10.3, the Ombudsman Unit or the Appeals Committee, as applicable, will report the case to the Central Bank for inquiry into the case and necessary enforcement action, as deemed appropriate.