Cayman Islands Law Legislation & Treaties

Rule – On Country and Transfer Risk Management for Banks

In force
Subordinate · 2006 · No. 33 · 2006-0033
Text — SL 33 of 2006

November 2006

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Rule on Country and Transfer Risk Management Rule on Country and Transfer Risk Management Rule on Country and Transfer Risk Management Rule on Country and Transfer Risk Management for Banks for Banks for Banks for Banks

1.

1.

1.

#1. STATEMENT OF

TATEMENT OF TATEMENT OF TATEMENT OF OBJECTIVES BJECTIVES BJECTIVES BJECTIVES

To set out the Cayman Islands Monetary Authority’s (“the Authority”) rule on Country and Transfer Risk Management for banks, (each of the subparagraphs of section 4 below referred to as a “Rule,” and collectively, the “Rules”), pursuant to the Monetary Authority Law (2004 Revision) (“MAL”).

2.

2.

2.

#2. INTRODUCTION

NTRODUCTION NTRODUCTION NTRODUCTION

2.1. Section 34 of the MAL provides that the Authority may issue rules:

34.

34.

#34. 34. (1)

(1) (1) (1) After private sector consultation and with the approval of the Governor, the Authority may –

(a) issue or amend rules or statements of principle or guidance concerning the conduct of licensees and their officers and employees;

… 2.2. This document establishes the Rule on Country Risk Management and must be read in conjunction with the Statement of Guidance on Country and Transfer Risk Management for Banks.

3.

3.

3.

#3. SCOPE OF

COPE OF COPE OF COPE OF APPLICATION PPLICATION PPLICATION PPLICATION This rule applies to all banks regulated by the Authority under the Banks and Trust Companies Law (2003 Revision).

November 2006

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4.

4.

4.

#4. RULES

ULES ULES ULES

4.1. A bank must establish, implement, and maintain strategies, policies, and procedures for country and transfer risk management appropriate for the size, complexity, and nature of its activities that set operating limits or other practices for country and transfer risk exposures.

4.2. Such strategies, policies, and procedures must be approved by the bank’s board of directors.

4.3. A bank must take the necessary steps to measure, monitor, and control country and transfer risk.

5.

5.

5.

#5. ENFORCEMENT

NFORCEMENT NFORCEMENT NFORCEMENT Whenever there has been a breach of the Rules, the Authority’s policies and procedures as contained in its Enforcement Manual will apply, in addition to any other powers provided in the Banks and Trust Companies Law (2003 Revision) and the Monetary Authority Law (2004 Revision).