2024-10-01

Matrix of Sanctions Applicable to Banks and Exchange Offices under Foreign Exchange Regulations

The Bank of the Republic of Burundi issued Circular No. 007/RC/2023 to establish a detailed sanctions matrix for banks and exchange offices operating under the country's foreign exchange regulations. The circular mandates a graduated enforcement procedure, allowing for letters of recommendation, formal injunctions with deadlines, or direct application of penalties depending on the severity and complexity of regulatory breaches. It specifies precise financial penalties, capital-based fines, license withdrawals, and automatic account debits for non-compliance while ensuring these costs are not passed on to clients.

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BANK OF THE REPUBLIC OF BURUNDI

THE GOVERNOR

CIRCULAR NO. 007/RC/2023 REGARDING THE MATRIX OF SANCTIONS APPLICABLE TO BANKS AND EXCHANGE OFFICES UNDER FOREIGN EXCHANGE REGULATIONS

Pursuant to Law No. 1/34 of December 2, 2008 establishing the Statutes of the Bank of the Republic of Burundi;

Pursuant to the Foreign Exchange Regulations of December 28, 2023;

The Bank of the Republic of Burundi, hereinafter referred to as the "Central Bank", hereby issues:


Article 1: Purpose and Scope

This circular aims to specify the sanctions applicable to banks and exchange offices under the Foreign Exchange Regulations.


Article 2: Compliance with Legal and Regulatory Provisions

Banks and exchange offices are required to comply with the legal and regulatory provisions governing their activities.


Article 3: Types of Sanctions

When an approved bank or exchange office infringes a legal or regulatory provision related to its approval conditions or activities, violates an agreement signed with the Central Bank, fails to comply with an injunction or disregards a warning, resorts to unsafe or unreliable practices, obstructs or refuses submission to supervision, the Central Bank may impose upon it the sanctions listed in the annex to this circular.

Sanctions are of two types, namely criminal sanctions and administrative sanctions.


Article 4: Gradual Application of Sanctions

To ensure a gradual application of sanctions and to give banks or exchange offices the opportunity to implement appropriate corrective measures, the Central Bank follows the procedure below:

  1. upon finding a breach, the Central Bank sends a letter to the concerned bank or exchange office, recommending that it regularize the situation;

  2. in case of a breach requiring immediate regularization and where the provided explanation is deemed unsatisfactory, the Central Bank issues an injunction with a deadline beyond which a sanction may be imposed;

  3. in case of a breach requiring complex corrective measures, the Central Bank may grant the bank or exchange office a deadline for their implementation. Otherwise, the Central Bank issues an injunction with a deadline beyond which a sanction may be imposed.

In case of breaches involving a Manager/Director, the same procedure is applied.


Article 5: Sanctions for Serious Cases

Notwithstanding the procedure described in Article 4 of this circular, for cases deemed serious, the Central Bank may directly apply the sanctions provided by the matrix, following a request for explanations where the response is unsatisfactory.


Article 6: Payment Method for Penalties

In case of penalties or criminal sanctions, the corresponding amounts are immediately settled by automatic debit from the account of the bank or exchange office held in the books of the Central Bank. The penalties incurred by them must not be passed on to clients.

In case of a debit operation on an exchange office's account related to potential criminal sanctions, the exchange office is required, within 30 calendar days, to replenish the bank guarantee to maintain it within regulatory standards.


Article 7: Entry into Force

This circular enters into force on the day of its publication in the Official Gazette of Burundi and on the Central Bank's website.


Issued in Bujumbura, December 28, 2023

Edouard Normand BIGENDAKO
Governor.


ANNEX

MATRIX OF SANCTIONS APPLICABLE TO BANKS

No.BreachesRegulatory ReferencesSanctions
1Foreign currency payment for a transaction concluded between residents (except formally indicated exception cases)Article 410% of the transaction amount, with a maximum of 5% of the mandatory minimum capital or withdrawal of approval for bank directors.
2Failure to display buying and selling rates as well as fees and commissions applied to foreign exchange operationsArticle 61,000,000 BIF or withdrawal of approval for directors
3Market manipulationArticle 90.5% of the mandatory minimum capital or withdrawal of approval for bank directors.
4Obstruction to a Central Bank supervision missionArticle 10Pecuniary sanction of 1% of the mandatory minimum capital or withdrawal of approval for Directors Or Forfeiture of the bank
5Failure to transmit reports to the Central Bank within deadlines.Article 20Penalty of BIF 1,000,000 per day of delay or withdrawal of approval for Directors
6Failure to follow the transmission model for reports to the Central Bank.Article 20Penalty of BIF 2,000,000 or withdrawal of approval for Directors
7Transmission of incomplete information or reports.Article 20Penalty of BIF 2,000,000 or withdrawal of approval for Directors
8Declaration and/or transmission of unreliable information/reports.Article 20Pecuniary sanction of 0.25% of the mandatory minimum capital or withdrawal of approval for Directors
9Validation of Import Declarations (DI) without required supporting documents.Article 242% of the transaction amount, not exceeding 5% of the mandatory minimum capital
10Validation of multiple DI for a split orderArticle 292% of the split order amount, not exceeding 5% of the mandatory minimum capital or withdrawal of approval for directors
11Validation of Export Declarations (DE) without required supporting documents.Article 362% of the transaction amount, not exceeding 5% of the mandatory minimum capital or withdrawal of approval for directors
12Failure to declare a transaction.Article 41, 43, 45, 462% of the transaction value, not exceeding 5% of the mandatory minimum capital. or withdrawal of approval for directors
13Exceeding foreign currency sales standards.Article 42,43100% of the excess amounts, not exceeding 5% of the mandatory minimum capital. or withdrawal of approval for directors
14Transfer before importation of an amount exceeding the authorized ceiling without bank guaranteeArticle 29100% of the excess amounts, not exceeding 5% of the mandatory minimum capital or withdrawal of approval for directors
15Manual foreign exchange or payments without required supporting documentsArticle 86100% of the foreign exchange amount without supporting documents, not exceeding 5% of the mandatory minimum capital or withdrawal of approval for directors
16Failure to comply with BRB instructionsPecuniary sanction; 0.5% of the mandatory minimum capital or withdrawal of approval for directors and/or administrators

MATRIX OF SANCTIONS APPLICABLE TO EXCHANGE OFFICES

No.BreachesRegulatory ReferencesSanctions
1Obstruction to a BRB supervision missionArticle 10Withdrawal of approval for the manager in case of unconvincing explanations.
2Opening an agency without prior BRB approvalArticle 75Immediate closure of the agency and penalty of 1,000,000 BIF
3Modification of one of the required elements during approval without authorization from the Bank of the Republic of Burundi.Article 793,000,000 BIF.
4Approval of an exchange office based on false information or a fraudulent act.Article 82Withdrawal of approval for the exchange office
5Failure to commence activities by an exchange office within six months following its approval.Article 82Withdrawal of approval for the exchange office
6Inability to permanently maintain the required bank guarantee over a 30 calendar day periodArticle 831,000,000 BIF
7Inability to permanently maintain the required bank guarantee over a 90 calendar day periodArticle 83Withdrawal of approval for the exchange office
8Prohibited transactionsArticle 85Seizure of funds collected by the competent authority. Withdrawal of approval without prejudice to judicial proceedings against the owners of the Exchange Office.
9Failure to declare, register, or retain transaction documentsArticle 86100% of the amount of the concerned transaction or withdrawal of approval for the manager
10Failure to transmit reports and financial statements within deadlines.Article 8820,000 BIF per day of delay if explanations are not convincing.
11Suspension of activities without prior notification to the Bank of the Republic of Burundi within deadlines.Article 901,000,000 BIF or withdrawal of approval for the exchange office
12Cessation of activities due to voluntary liquidation or bankruptcy without notifying the Central Bank within deadlines.Article 915,000,000 BIF
13Opening accounts abroad.Article 855,000,000 BIF and immediate closure of these accounts. or withdrawal of approval for the manager
14Sale of foreign currency without supporting documentsArticle 86100% of the amount of the concerned transaction or withdrawal of approval for the manager
15Failure to comply with an instruction from the Bank of the Republic of Burundi.Article 861,000,000 BIF or withdrawal of approval for the manager