Entire Section

  • RPP 5-3 RPP 5-3 Assessment of Complaints and Referrals

    • RPP 5-3-1

      The assessment of complaints and referrals concerning suspected misconduct or suspected contraventions of the Law is a key function of the DFSA's regulatory remit and enforcement framework. Every complaint and referral, regardless of source, is assessed to determine whether an investigation or other action ought to take place.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • Sources of Complaints and Referrals

      • RPP 5-3-2

        The DFSA may become aware of suspected misconduct or suspected contraventions of Laws from a variety of sources including:

        (a) members of the public;
        (b) its supervisory activities; and
        (c) other external regulatory authorities or law enforcement agencies.
        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • Complaints

      • RPP 5-3-3

        The DFSA receives and assesses two types of complaints:

        (a) regulatory complaints (see 5-3-6 to 5-3-8 below); and
        (b) complaints against the DFSA and its employees (see 5-3-12 to 5-3-13 below).
        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-4

        A Person wishing to lodge a complaint with the DFSA should do so in writing. A complaint can be lodged:

        (a) electronically via the complaints portal on the DFSA website (see http://www.dfsa.ae);
        (b) by facsimile to 04 362 0801;
        (c) by sending the complaint to PO Box 75850 Dubai, UAE; or
        (d) delivering the complaint to the DFSA at Level 13, The Gate Building, DIFC.
        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-5

        When a complaint is received, the DFSA will send an acknowledgement letter to the complainant which will include the contact details of the DFSA complaints management function.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • Regulatory Complaints

      • RPP 5-3-6

        Complaints received by the DFSA from members of the public which relate to:

        (a) any conduct of or dissatisfaction with any Person regulated by the DFSA;
        (b) a potential contravention of a Law or Rule; or
        (c) any conduct that causes, or may cause, damage to the reputation of the DIFC or the financial services industry in the DIFC;

        are classified as regulatory complaints and are assessed through the DFSA's complaints management function.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-7

        If, during the assessment of a regulatory complaint, the DFSA identifies suspected misconduct or a suspected contravention of a Law, it will refer the complaint to the relevant DFSA division for further consideration. Thereafter, the relevant division assumes responsibility for the complaint.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-8

        All complaints lodged with the DFSA are held in confidence in accordance with the Regulatory Law. However, in order to assess a complaint properly, the DFSA may need to speak to third parties including any Person who is the subject of the complaint.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • Referrals

      • RPP 5-3-9

        There are two types of referrals, internal and external. Internal referrals originate from the DFSA's supervisory activities conducted by the Supervision or Markets Division. The DFSA's supervisory framework is designed to detect and mitigate risks to the DIFC and the financial services industry in the DIFC. An internal referral occurs when a DFSA supervisory division refers a matter to the Enforcement Division, when the supervisory division has identified possible contraventions of Laws and Rules.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-10

        When Enforcement receives an internal referral, the referring division may continue to be responsible for the on-going supervision of the Person who is the subject of the referral.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-11

        The DFSA may also receive allegations of misconduct through an external referral from other regulatory authorities and law enforcement agencies. Such allegations are generally received pursuant to the IOSCO or IAIS Multilateral Memoranda of Understanding (MMoU), or bilateral arrangements for the exchange of information between the DFSA and other regulatory and enforcement agencies.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • Complaints Against the DFSA and Its Employees

      • RPP 5-3-12

        Complaints about the conduct and activities of the DFSA and its employees are administered and assessed separately by the DFSA's Office of General Counsel.

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

      • RPP 5-3-13

        Information on how the DFSA's Office of General Counsel assesses complaints against the DFSA and its employees can be found on the DFSA's website (see http://www.dfsa.ae).

        Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition