Book traversal links for Article (44)
Article (44)
IA-BOD-RES 10/2019The 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:
- Conducting a risk assessment for any potential occurrence of the Crime in legal persons, including Financial Institutions and DNFBPs.
- Putting in place the Crime-Combating regulations, instructions and forms for the entities subject to their supervision, when necessary.
- 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.
- 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.
- Conducting onsite and offsite supervision and inspections over Financial Institutions and DNFBPs.
- Determining the frequency of supervision and inspection over Financial Institutions, Financial Groups, and DNFBPs based on the following:
- National Risk Assessment
- 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.
- 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.
- National Risk Assessment
- 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.
- 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.
- 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.
- 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.
- Providing Financial Institutions and DNFBPs with guidelines and feedback to enhance the effectiveness of implementation of the Crime-combatting measures.
- 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.
- Conducting programs and outreach campaigns on combating the Crime.
- 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.
- Maintaining statistics about the measures taken and sanctions imposed.