2023-09-26 | NRP-41The Technical Standards Committee of the Central Reserve Bank of El Salvador issued these norms to mandate the collection of credit risk information from financial institutions. The regulations require obligated entities, including banks, cooperatives, and insurance companies, to submit XML data files detailing debtor profiles and asset references to the Financial System Superintendence. Compliance is enforced through strict submission deadlines, validator software requirements, and personal liability for directors and managers regarding data accuracy.
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THE STANDARDS COMMITTEE OF THE CENTRAL RESERVE BANK OF EL SALVADOR, CONSIDERING:
I. That Article 61 of the Banks Law establishes that the Superintendence shall maintain a credit information service regarding users of the institutions that are part of the financial system, with the objective of facilitating the risk assessment of their operations, and that banks and other institutions supervised by the Superintendence of the Financial System shall be obligated to provide the information required by the same.
II. That Article 39 of the Law on Cooperative Banks and Savings and Credit Societies establishes that cooperatives shall be obligated to provide the information that the Superintendence requires to maintain its credit information system; likewise, they shall have the right to use the aforementioned credit information service.
III. That Article 146, second paragraph, letter c) of the Law on Cooperative Banks and Savings and Credit Societies establishes that cooperatives must facilitate direct access by the Superintendence to their computer systems, for the purpose of obtaining accounting, financial, and credit information that allows it to fulfill its supervisory function in accordance with the law and according to the security, confidentiality, and technological limitations of each institution.
IV. That Article 155 of the Law on Cooperative Banks and Savings and Credit Societies establishes that savings and credit societies shall be subject to the provisions of the Banks Law, except as provided in Book IV of said Law.
V. That Article 3, literal c) of the Law on Supervision and Regulation of the Financial System establishes that it is the responsibility of the Superintendence of the Financial System to proactively monitor the risks of the members of the financial system and the manner in which they manage them, ensuring the prudent maintenance of their solvency and liquidity.
VI. That Article 7 of the Law on Supervision and Regulation of the Financial System establishes the entities that are subject to the supervision of the Superintendence of the Financial System.
VII. That Article 99, third paragraph, literal a) of the Law on Supervision and Regulation of the Financial System establishes that it corresponds to the Standards Committee of the Central Reserve Bank of El Salvador to approve technical standards on any other aspect inherent to risk management by the supervised entities.
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VIII. That in accordance with Article 101, fourth paragraph of the Law on Supervision and Regulation of the Financial System, the powers to approve, modify, and repeal technical standards that must be complied with by the members of the financial system and other supervised entities, which were attributed to the Superintendences or the Boards of Directors of the Superintendences whose organic laws were repealed by said Law, are transferred to the Central Reserve Bank of El Salvador.
THEREFORE, by virtue of the normative powers conferred by Article 99 of the Law on Supervision and Regulation of the Financial System, AGREES to issue the following:
TECHNICAL STANDARDS ON THE PROCEDURE FOR INFORMATION COLLECTION OF THE CENTRAL RISK SYSTEM
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CHAPTER I OBJECT, SUBJECTS, AND TERMS
Object Art. 1.- These Standards aim to collect information on credit risk operations performed by entities of the National Financial System. These requirements must be incorporated into their production IT platform and integrated into their I.B.S. systems (Integrated Banking System).
Subjects Art. 2.- The subjects obligated to comply with the provisions established in these Standards are: a) Banks constituted in El Salvador and their subsidiaries; b) Branches of foreign banks established in the country; c) Cooperative banks; d) Savings and credit societies; e) Federations regulated by the Law on Cooperative Banks and Savings and Credit Societies; f) Insurance companies constituted in El Salvador; g) Branches of foreign insurance companies established in the country; h) Cooperatives that provide insurance services; i) Sanitation and Financial Strengthening Fund; j) Agricultural Development Bank; k) Mortgage Bank of El Salvador, S.A.; l) Social Housing Fund and National Popular Housing Fund, insofar as they do not contradict their creation laws nor what is established by the Court of Accounts; m) Development Bank of the Republic of El Salvador, insofar as it does not contradict its creation law nor what is established by the Court of Accounts; n) Solidarity Fund for the Micro-entrepreneur Family; and o) Other entities and institutions indicated by the Laws.
Terms Art. 3.- For the purposes of these Standards, the terms indicated below have the following meaning: a) Central Bank: Central Reserve Bank of El Salvador; b) Entity(ies): Subject obligated to comply with these Standards; and c) Superintendence: Superintendence of the Financial System.
CHAPTER II CHARACTERISTICS OF THE SUBMISSION
Files Art. 4.- The structure of the data files and the name of the XML data files of these Standards.
Validator Art. 5.- Entities are obligated to update the validator program when the Superintendence communicates that any changes have been made. Any new version of this system will be placed on the Superintendence's website, except in cases where the Superintendence will inform in a timely manner.
Art. 6.- The files must be sent using the "Generate Submission" option of the data validation module, which can only generate the submission if there are no critical errors.
Update of the Risk Central Art. 7.- The system will be updated with information coming from the entities' information systems, which they must send to the Superintendence within the first seven business days of each month, except for quarterly closings, which must be sent within the first ten business days, with a transmittal letter from the official responsible for the veracity of the data (data submission report). For this purpose, the entity will inform the Superintendence of internal changes in the official responsible for the submission and the computer technician, detailing names, position, phone number, and email address.
Upon receipt of the information, the Superintendence will conduct an additional review to determine if the submission has been generated correctly; otherwise, it will be rejected, granting two business days after the submission period has expired to resubmit. Notwithstanding the foregoing, the legal deadline for presenting the information shall be the first seven business days of the month, except for quarterly closings, which shall be within the first ten business days of each month.
Coverage and Frequency of Evaluations Art. 8.- Entities must remit one hundred percent of debtors for loans, contingent operations, and any other balances that represent credit risk; they must have their corresponding risk category, understanding that the risk category is unique for each debtor, except for provisions expressly stated by the Central Bank through its Standards Committee.
The subjects obligated to comply with these Standards must keep their credit risk asset portfolio evaluated at all times.
Format of Monetary Amounts Art. 9.- Monetary amounts must be represented in United States dollars with two decimal places.
Identification of Persons Art. 10.- While there is no single document in the country that identifies natural or legal persons, the Superintendence will require as such the tax identification number (NIT) for the aforementioned persons.
Any new debtor, regardless of their balance, as well as existing debtors, must have their corresponding valid NIT.
Entities must seek the mechanism for updating and purging their databases corresponding to the tax identification number (NIT), as this number represents the key for consolidating the debts, directly or indirectly, of a debtor throughout the financial system.
In the case of non-resident or non-domiciled persons in the country, whether natural or legal, who do not possess an NIT, entities must request from the Superintendence a unique identification number that will serve as the tax identification number (NIT) for said debtor.
This identification will be exclusively for internal use by the Superintendence and will have no effect for any other procedure.
In the case of low-amount credits referred to in the Special Law to Facilitate Access to Credit, in which only the Unique Identity Document (DUI) is required, the Tax Identification Number appearing on the back of said document will be taken for entry into the Risk Central. Exceptionally and only when the Tax Identification Number (NIT) does not appear on the reverse of the DUI, entities must assign the Unique Identification Number to the debtor.
CHAPTER III OTHER PROVISIONS AND VALIDITY
Responsibility Art. 11.- Directors, managers, and employees responsible for preparing or reviewing the information that will be sent through the central risk verifier system to the Superintendence will respond in their personal capacity for errors, omissions, and irregularities contained therein.
The information received by the Superintendence may be modified by the sending entity within the established deadline for its presentation; once this period has expired, it will be considered definitive; however, the institution may request the total or partial substitution of the same, justifying it appropriately. Notwithstanding being authorized for this, the information will be considered received out of time for the pertinent legal effects.
Sanctions Art. 12.- Non-compliance with the provisions contained in these Standards will be sanctioned in accordance with what is provided in the Law on Supervision and Regulation of the Financial System.
Repeal Art. 13.- As of January 1, 2024, these Standards will repeal the [Text Missing/Corrupted] on the Procedure [Text Missing/Corrupted] (NPB4-17), approved on February 18, 1999, by the Board of Directors of the Superintendence of the Financial System, whose Organic Law was repealed by Legislative Decree No. 592 containing the Law on Supervision and Regulation of the Financial System, published in the Official Diary No. 23, Volume No. 390, dated February 2, 2011. Therefore, during the period between the entry into force of these Standards and the repeal established herein, obligated subjects may make the necessary adjustments for the application of the provisions contained in these Standards.
Transitory Art. 14.- The information on districts referred to in Files [Text Missing/Corrupted], of these Standards, must be sent to the Superintendence starting in June 2024 with the information from May 2024. The information required in [Text Missing/Corrupted] and [Text Missing/Corrupted] of these Standards must be sent to the Superintendence starting in June 2024 with information from May 2024. The deadlines for sending the information referred to in this article are those established in Article 7 of these Standards.
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Art. 15.- The provisions contained in the "Standards on the Procedure for [Text Missing/Corrupted] -17), will continue to be mandatory for entities subject to these Standards until December 31, 2023.
Unforeseen Aspects Art. 16.- Unforeseen aspects in regulatory matters in these Standards will be resolved by the Central Bank through its Standards Committee.
Validity Art. 17.- These Standards will enter into force as of January 1, 2024.
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Annex A XML FILE STRUCTURES
Below, the names and structure of the XML data files to be submitted by entities are presented. The description of the same and the characteristics of each of the columns that compose them are presented in Annex C.
File 17 of this Annex, titled Pledge Guarantees without Displacement (garantia_prendaria.xml), is applicable only to the Development Bank of the Republic of El Salvador, as established by the Technical Standards for the Evaluation and Classification of Credits Granted by Development Banking (NASF-09).
File 1. Persons (persona.xml) No. Column Name Type Length Decimals Description 1.1. nit_persona XsString 14 NIT of the person 1.2. dui XsString 9 DUI of the person 1.3. primer_apellido XsString 25 First surname of the person 1.4. segundo_apellido XsString 25 Second surname of the person 1.5. apellido_casada XsString 25 Married surname of the person 1.6. primer_nombre XsString 25 First name of the person 1.7. segundo_nombre XsString 25 Second name of the person 1.8. nombre_sociedad XsString 100 Name of the legal person 1.9. tipo_persona XsString 1 Code of the type of person 1.10. tipo_relacion XsString 1 Code of the type of relationship of the debtor with the entity 1.11. tipo_identificador XsString 1 Code of the type of identifier 1.12. nit_desactualizado XsString 14 NIT for update and changes 1.13. residente XsString 1 If the person is a resident or not in El Salvador 1.14. giro_persona XsString 6 Code of the trade or economic activity of the person
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No. Column Name Type Length Decimals Description 1.15. tamano_empresa XsString 2 Code of the size of the company 1.16. tipo_empresa XsString 1 If the company is new or existing 1.17. reserva XsDecimal 12 2 Sanitation reserves 1.18. categoria_riesgo XsString 2 Code of the risk category 1.19. numero_cliente XsString 17 Unique Identification Number (NIU) of the client 1.20. id_alterno XsString 20 Alternative identification number 1.21. tipo_id_alterno XsString 2 Type of alternative identification 1.22. fecha_nacimiento XsDate Date of birth or constitution 1.23. pais_residencia XsInt Country of residence of the person 1.24. riesgo_consolidado XsDecimal 12 2 Sum of reference balances 1.25. sexo_persona XsString 1 Sex of the person 1.26. ocupación XsString 3 Occupation of the person 1.27. id_pais_origen XsString 20 Tax identification of the country of origin of the person 1.28. nacionalidad XsInt Nationality of the person 1.29. nit_anterior XsString 14 NIT prior to replacement of DUI-NIT from the Ministry of Finance 1.30. tipo_ident_anterior XsString 1 Code of the type of previous identifier
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File 2. Asset Risk References (referencia.xml) No. Column Name Type Length Decimals Description 2.1. nit_deudor XsString 14 NIT of the debtor 2.2. cod_cartera XsString 2 Code of the type of portfolio 2.3. cod_activo XsString 2 Code of the type of risk asset 2.4. num_referencia XsString 20 Reference number 2.5. monto_referencia XsDecimal 12 2 Amount of the reference 2.6. saldo_referencia XsDecimal 12 2 Balance of the reference 2.7. saldo_vigente_k XsDecimal 12 2 Current capital balance 2.8. saldo_vencido_k XsDecimal 12 2 Overdue capital balance 2.9. saldo_vigente_i XsDecimal 12 2 Current interest balance 2.10. saldo_vencido_i XsDecimal 12 2 Overdue interest balance 2.11. abono_deposito XsDecimal 12 2 Unapplied payments to loan/unapplied deposit to letter of credit 2.12. fecha_otorgamiento XsDate Date of granting 2.13. fecha_vencimiento XsDate Date of maturity 2.14. fecha_castigo XsDate Date of write-off 2.15. estado_credito XsString 1 Code of the credit status 2.16. saldo_mora_k XsDecimal 12 2 Capital in arrears balance 2.17. saldo_mora_i XsDecimal 12 2 Interest in arrears balance 2.18. dias_mora_k XsInt Days of capital arrears
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No. Column Name Type Length Decimals Description 1.31. distrito_residencia XsString 4 Code of the district of residence of the person 2.19. dias_mora_i XsInt Days of interest arrears 2.20. fecha_inicio_mora_k XsDate Date of start of capital arrears 2.21. fecha_inicio_mora_i XsDate Date of start of interest arrears 2.22. pago_capital XsString 1 Code of capital payment method 2.23. pago_interes XsString 1 Code of interest payment method 2.24. periodo_gracia_k XsInt Grace period for capital payment 2.25. periodo_gracia_i XsInt Grace period for interest payment 2.26. garante XsString 10 Code of guarantors of pledged credits 2.27. emisión XsString 15 Denomination of the issuance 2.28. pais_destino_credito XsInt Code of country of destination of the credit 2.29. destino XsString 6 Code of destination of loans by economic sector 2.30. codigo_moneda XsString 1 Currency code 2.31. tasa_interes XsDecimal 5 2 Current interest rate 2.32. tasa_contractual XsDecimal 5 2 Contractual or nominal rate 2.33. tasa_referencia XsDecimal 5 2 Published reference rate 2.34. tasa_efectiva XsDecimal 5 2 Effective rate 2.35. tipo_tasa_interes XsString 1 Type of nominal rate 2.36. tipo_prestamo XsString 2 Code of the type of loans 2.37. codigo_recurso XsString 2 Code of source of resources
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No. Column Name Type Length Decimals Description 2.38. ultima_fecha_venc XsDate Last maturity date 2.39. dias_prorroga XsInt Days of extension 2.40. monto_desembolsado XsDecimal 12 2 Amount disbursed in the month 2.41. tipo_credito XsString 2 Type of credit 2.42. fecha_ultimo_pago_k XsDate Date of last covered capital payment 2.43. fecha_ultimo_pago_i XsDate Date of last covered interest payment 2.44. dia_pago_k XsInt Day of capital payment 2.45. dia_pago_i XsInt Day of interest payment 2.46. cuota_mora_k XsInt Number of capital arrears installments 2.47. cuota_mora_i XsInt Number of interest arrears installments 2.48. monto_cuota XsDecimal 12 2 Amount of the reference installment including capital plus interest 2.49. cuenta_contable_k XsString 12 Capital accounting account 2.50. cuenta_contable_i XsString 12 Interest accounting account 2.51. fecha_cancelacion XsDate Date of cancellation of the reference 2.52. adelanto_capital XsDecimal 12 2 Advance capital payments 2.53. riesgo_neto XsDecimal 12 2 Net risk 2.54. saldo_seguro XsDecimal 12 2 Credit insurance balance 2.55. saldo_costas_procesales XsDecimal 12 2 Balance for legal costs 2.56. tipo_tarjeta_credito XsString 1 Type of credit card
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No. Column Name Type Length Decimals Description 2.57. clase_tarjeta_credito XsString 1 Code of the class of credit card 2.58. producto_tarjeta_credito XsString 20 Credit card product 2.59. valor_garantia_cons XsDecimal 12 2 Consolidated value of the guarantee 2.60. distrito_otorgamiento XsString 4 Code of the district of destination of the credit 2.61. reserva_refe