RPP 5-3 RPP 5-3 Assessment of Complaints and Referrals
The assessment of complaints and referrals concerning suspected misconduct or suspected contraventions of the Law is a key function of the
DFSA'sregulatory 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.
Sources of Complaints and Referrals
DFSAmay 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.
DFSAreceives and assesses two types of complaints:
Personwishing to lodge a complaint with the DFSAshould do so in writing. A complaint can be lodged:(a) electronically via the complaints portal on the DFSAwebsite (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 DFSAat Level 13, The Gate Building, DIFC.
When a complaint is received, the
DFSAwill send an acknowledgement letter to the complainant which will include the contact details of the DFSAcomplaints management function.
Complaints received by the
DFSAfrom members of the public which relate to:(a) any conduct of or dissatisfaction with any Personregulated 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 DIFCor the financial services industry in the DIFC;
are classified as regulatory complaints and are assessed through the
DFSA'scomplaints management function.
If, during the assessment of a regulatory complaint, the
DFSAidentifies suspected misconduct or a suspected contravention of a Law, it will refer the complaint to the relevant DFSAdivision for further consideration. Thereafter, the relevant division assumes responsibility for the complaint.
All complaints lodged with the
DFSAare held in confidence in accordance with the Regulatory Law. However, in order to assess a complaint properly, the DFSAmay need to speak to third parties including any Personwho is the subject of the complaint.
There are two types of referrals, internal and external. Internal referrals originate from the
DFSA'ssupervisory activities conducted by the Supervision or Markets Division. The DFSA'ssupervisory framework is designed to detect and mitigate risks to the DIFCand the financial services industry in the DIFC. An internal referral occurs when a DFSAsupervisory division refers a matter to the Enforcement Division, when the supervisory division has identified possible contraventions of Laws and Rules.
When Enforcement receives an internal referral, the referring division may continue to be responsible for the on-going supervision of the
Personwho is the subject of the referral.
DFSAmay 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 IOSCOor IAIS Multilateral Memoranda of Understanding (MMoU), or bilateral arrangements for the exchange of information between the DFSAand other regulatory and enforcement agencies.
Complaints Against the DFSA and Its Employees
Complaints about the conduct and activities of the
DFSAand its employees are administered and assessed separately by the DFSA'sOffice of General Counsel.
Information on how the
DFSA'sOffice of General Counsel assesses complaints against the DFSAand its employees can be found on the DFSA'swebsite (see http://www.dfsa.ae).