RPP 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, the DFSA 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 the Person or Persons involved in the suspected contravention;
(f) whether, if proven, a suitable remedy is available;
(g) the extent to which another law enforcement agency or Financial 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