Entire Section
Introduction
RPP 5-4-1
Upon receipt of an internal or external referral, the allegation will be assessed to determine if there is a suspicion of a contravention of the Law. If a suspicion arises and it is appropriate and expedient, then the
DFSA may commence an investigation.Added by Notice of Updates (Made 23rd November 2014). November 2014 EditionRPP 5-4-2
In determining whether to commence an investigation, the
DFSA will consider a number of factors including, but not limited to:(a) the nature, seriousness and impact of the suspected contravention and whether the suspected contravention is on-going;(b) whether the suspected contravention affects, or has the potential to affect, theDFSA objectives;(c) whether those involved in the suspected contravention are likely to co-operate;(d) whether it is likely that the suspected contravention may be proven;(e) the disciplinary record and compliance history of thePerson orPersons involved in the suspected contravention;(f) whether, if proven, a suitable remedy is available;(g) the extent to which another law enforcement agency orFinancial Services Regulator can adequately address the matter and, if so, that body's attitude toward the matter;(h) the nature of any request for assistance made by another regulator or body under Article 39; and(i) whether any party who may have suffered some detriment as a result of the suspected contravention is able to take his own remedial action.Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition