2025-01-21
The Central Bank of Kuwait has issued a comprehensive series of circulars mandating standardized operational, financial, and cybersecurity controls for local banks and electronic payment infrastructure providers. These directives require monthly card fraud reporting, prohibit end-user fee collection for e-payment services, and establish strict limits, validity periods, and continuous monitoring for electronic payment links and Buy Now Pay Later services. Regulated entities must also adhere to enhanced anti-money laundering protocols, appoint qualified leadership, maintain business continuity standards, and submit timely financial statements to ensure robust consumer protection across Kuwait’s digital payment ecosystem.
CIRCULARS FOR REGULATING THE ELECTRONIC PAYMENT OF FUNDS A. Circular No. (2/BS/IBS/475/2021) to all Local Banks and Electronic Payment Infrastructure Providers (EPIPs) regarding the Card Fraud Report. B. Circular to all E-Payment Infrastructure Providers (EPIPs) and their Agents Prohibiting Collection of Fees and Charges from Customers (The End User). C. Circular No. (2/BS, IBS, PS/520/2023) to all Local Banks and Electronic Payment Infrastructure Providers (EPIPs) and their Agents regarding the Electronic Payment Links for Individual Clients. D. Circular No. (2/BS, IBS, FS, IFS, PS/525/2023) to all Local Banks, Financing Companies and Large Electronic Money Service Providers regarding the Controls of Buy Now Pay Later Services (BNPL). E. Circular No. (2/PS/526/2023) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Controls of Appointing Leadership Positions. F. Circular No. (2/PS/527/2023) to All E-Payment Service Providers and EMoney Service Providers regarding the Instructions on Minimum Cybersecurity and Business Continuity Requirements. G. Circular No. (2/PS/528/2023) to all E-Payment Service Providers and EMoney Service Providers regarding the Rules and Procedures for Engaging in the Activity outside the State of Kuwait. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and EMoney Service Providers regarding AML/CFT Instructions. I. Circular No. (2/BS, IBS, PS/531/2023) to all Local Banks, E-Payment Service Operators, E-Payment Service Providers and E-Money Service Providers regarding MCC Codes and Description of Payment Transactions. J. Circular No. (2/PS/532/2023) to E-Payment Service Operators, E-Payment Service Providers, and E-Money Service Providers regulating the Provision of POS and Soft POS Devices to Exhibition Organizers. K. Circular to all E-Payment Service Providers, E-Money Service Providers and E-Payment Service Operators regarding Access to KwFIU Website to update the Suspicion Indicators that aid in Monitoring Suspicious Transactions
L. Circular No. (2/BS, IBS/534/2023) to all Local Banks regarding Measures for Protection of Customers from Electronic Fraud. M. Circular No. (2/BS, IBS/535/2023) to all local Banks on Linking with the Shared Electronic Banking Services Company (KNET) for the Apple Pay Service. N. Circular to all Local Banks regarding Fees and Commissions for E-Payment Services. O. Regulations applicable to Non-resident Companies for providing Buy Now Pay Later Services in the State of Kuwait. P. Circular to all E-Payment Service Providers, E-Money Service Providers and Limited Purpose E-Money Providers Emphasizing the Necessity of Adhering to the Provisions of Article no. (24) on the Instructions regulating Electronic Payment of Funds issued in May 2023. Q. Circular No. (2/BS, IBS, PS/547/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Electronic Payment Links. R. Circular No. (2/BS, IBS /546/2024) to all Kuwaiti Banks regarding “Instant Payment” Project. S. Circular No. (2/PS/557/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Company Managers’ Tasks Assigning During Absence T. Circular No. (2/PS/558/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the required Documents for Partners and Members of the Board of Directors when Applying for Registration. U. Circular No. (2/PS/559/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Statement of Development of the required National Labor Ratio by Main Jobs and the Company’s Economic Activity. V. Circular No. (2/PS/554/2024) to all E-Payment Service Providers and EMoney Service Providers regarding Opening a Current Account with CBK. W. Circular No. (2/BS, IBS, PS/561/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers regarding the Pilot Launch Requirements.
X. Circular No. (2/PS/564/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Submission of Financial Statements. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. Z. Circular No. (2/BS, IBS/566/2024) to all Local Banks regarding Security Controls on Card Tokenization. AA. Circular No. (2/BS, IBS/567/2024) to all Local Banks regarding Financial Limits on Bank Cards and Payment Transactions.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 1 The Executive Director Sha’ban 03, 1442 H March 16, 2021 The Chairman, Circular No. (2/BS/IBS/475/2021) to all Local Banks and Electronic Payment Infrastructure Providers (EPIPs) regarding the Card Fraud Report With reference to the Circular issued on November 21, 2019 to all local banks for filling out the card fraud form, we would like to inform that all local banks and Electronic Payment Infrastructure Providers (EPIPs) must fill out the attached form of the Card Fraud Report on a monthly basis to supersede that mentioned under the aforesaid circular. The following should also be adhered to:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 2 Card Fraud Report Guide
Document Name Fraud Report Guide Document Version Version 2.0 Issue Date November 2021
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 3 Contents I. Introduction.................................................................................................. 4 II. Applicability ................................................................................................ 4 III. Card Fraud Report structure ........................................................................ 5 IV. Resolved cases related to previous year ...................................................... 8 V. Mandatory considerations............................................................................ 9 VI. Review and Update...................................................................................... 9 VII. Acronyms................................................................................................... 10
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 4 I. Introduction The purpose of the Card Fraud report Guide is to provide guidance in the process of completing and submitting the Card Fraud Report. The objective of the Card fraud report is to: • Enhance card fraud monitoring mechanism for a stronger consumer protection. • Improve data collection and Analysis process to improve the forecasting reports. • Analyze fraud trends and patterns to develop more relevant awareness campaigns. • Unify the fraud reporting process to improve the comparability of the data and ensure all fraud cases are being reported by the bank. • Ensure uniformity, accuracy and timeliness in the data collected. II. Applicability The Card Fraud Report is required to be completed and submitted by the following regulated entities:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 5 III. Card Fraud Report structure The fraud related data for each card type is broken down into two types of transactions, Card present (CP) and Card-Not-Present (CNP). The transaction type is further broken down into the channels in which the fraudulent transaction was executed. Card Present channels are POS and ATM. On the other hand, the channels for the (CNP) transactions are internet/mobile banking and Payment gateway. Moreover, the Fraud types for each channel are as represented in the above fraud management process overview diagram. The total value and the total number of transactions for each type of fraud is further geographically sub-divided into domestic and cross-border, depending on where did the fraudulent transaction occur. The bellow chart is the definition and specifications for each field in the report.
1 Debit Card A card enabling its holders to make purchases and/or withdraw cash and have these transactions directly and immediately charged to their accounts, whether these are held with the card issuer or not. 2 Credit Card A card that enables cardholders to make purchases and/or withdraw cash up to a prearranged credit limit. The credit granted may be either settled in full by the end of a specified period, or settled in part, with the balance taken as extended credit (on which interest is usually charged). Card type Debit Credit Prepaid Transaction type CP CNP Channel POS ATM Internet/Mobile banking Payment Gateway Fraud Type Lost and stolen cards Card not received Counterfeit Tapping wearable device ATM false claims Trapping Others Vishing Smishing Phishing Hacking Fraudulent or compromised Website/Application Others
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 6
3 Pre-Paid card A card on which a monetary value can be loaded in advance and stored either on the card itself or on a dedicated account on a computer. Those funds can then be used by the holder to make purchases. 4 Transactions Total Value The total amount in Kuwaiti Dinar of all transactions on all (Debit, credit or Prepaid) cards issued by the bank. Total No. of transactions: The total whole numbers of all transactions on all (debit, credit or prepaid) cards issued by the bank. 5 CP When a credit, debit or prepaid card is used to make an unauthorized transaction in a face-to-face setting. This type of fraud may involve the use of the actual stolen card or a fraudulent duplicated card made using a card number and magnetic stripe information. 6 POS Fraudulent transactions performed at Points of Sale using a (debit, credit or prepaid) card issued by the bank or a Counterfeit card. 7 ATM Fraudulent transactions processed at the Automated teller machines using a (debit, credit or prepaid) card issued by the bank or a counterfeit card. 8 Lost & Stolen Cards Fraudulent transactions using physical cards either a lost or a stolen card. 9 Card Not Received When a new or replacement card is stolen from the mail, never reaches its rightful owner. 10 Counterfeit When counterfeit c copies the data held on the magnetic stripe of a legitimate credit or debit card and uses this data to create a fake plastic card, which contains the real cards details. 11 Trapping A type of ATM security attack, where the cyber-criminals trap a user's credit or debit card to obtain the card details. The criminals install a device inside the card acceptance slot of an ATM, to trap the ATM cards inside the cardholder. 12 Tapping wearable devices Using a fraudulently obtained wearable device (such as, watches, rings or phones) to pay at POS or perform a transaction at an ATM.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 7
13 ATM false claims When a customer falsely claims that he/ she did not receive the cash from the ATM after performing a withdrawal transaction, or claiming that they deposited an amount that was not debited to their account although they didn’t really deposit any cash. 14 Other Any other fraud cases using cards that do not apply to the previously described categories. Kindly provide a short explanation of the cases in the “Notes” column. 15 CNP Any transaction where either the card, the cardholder, or the merchant are not present in the same place at the time of the instruction of the payment for the transaction by the cardholder. For example: mail order, telephone order, basic and secure electronic commerce, mobile on debit cards issued by the bank. 16 Internet Banking An electronic payment system that enables the customer of a bank or a financial institution to make financial or non-financial transactions online via the internet. This service gives online access to almost every banking service, traditionally available through a local branch including fund transfers, deposits, and online bill payments to the customers. 17 Mobile Banking A service provided by a bank or other financial institution that allows its customers to conduct financial transactions remotely using a mobile device such as a smartphone or tablet. 18 Payment Gateway A payment gateway is a merchant service provided by an ecommerce application service provider that authorizes credit card or direct payments processing for e-businesses or online retailers. 19 Phishing A cybercrime in which one or multiple targets are contacted by email by someone posing as a legitimate institution to lure individuals into providing sensitive data such as personally identifiable information, banking and credit card details, and passwords. 20 Vishing A cybercrime where a fraudster uses voice messages or phone calls to try to steal identities, and financial information like a client PIN, card details and Digipass code. 21 Hacking When a hacker invades a computer system operated by places such as (retailers, restaurants, hotels, banks, school… etc.) in order to clone credit cards, commit CNP frauds or sell the cards information on the dark web.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 8
22 Smishing A form of phishing, Smishing is a technique used by criminals to steal bank or credit card information using text messages. In such an incident, the mobile device user receives a fake text message that appears to be from a bank. The text message may request that the consumer call a phone number to provide card or account information to a criminal posing as a bank employee. 23 Fraudulent or Compromised Website/Application The illegal practice of stealing credit/ debit card information by setting up a fake website or phone application and encouraging people to input their card information to purchase a certain product or service. 24 Domestic Fraudulent transaction occurred in Kuwait. 25 Cross-border Fraudulent transaction outside Kuwait. 26 Total Complaints Total Value The total amount in Kuwaiti Dinar of all claims on all (debit, credit or Prepaid) cards issued by the bank. Total No. of Cases The total number of all cases of claims on all (debit, credit or prepaid) cards issued by the bank. IV. Resolved Cases Related to Previous Year
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 9 V. Mandatory Considerations When completing and submitting the Card Fraud report, the following must be applied:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 10 VII. Acronyms Term Definition EPIP Electronic Payment Infrastructure Provider CBK Central Bank of Kuwait CP Card Present CNP Card-Not-Present ATM Automated Teller Machine POS Point of Sale PG Payment Gateway
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. B. Circular to all E-Payment Infrastructure Providers (EPIPs) and their Agents Prohibiting Collection of Fees and Charges from Customers (The End User). 11 The DEPUTY GOVERNOR Jumada Al-Oula 11,1444 H December 05, 2022 The Chief Executive Officer, Circular to all E-Payment Infrastructure Providers (EPIPs) and their Agents With reference to the Circular No. (2/BS, IBS/477/2021) dated April 11, 2021 to all EPIPs and their agents defining appropriate mechanism for fees and commissions associated with the business activity of the electronic payment and settlement systems 1 , all EPIPs and their agents may not collect any fee or commission from the customer (The End User) for all e-payment services, and must update all contractual agreements accordingly. Best Regards, The Deputy Governor Sahar A. Al-Rumaih 1 This circular has been revoked by virtue of the Circular dated 05/12/2023 included under Item (B) of this chapter.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for regulating the Electronic Payment of Funds. C. Circular No. (2/BS, IBS, PS/520/2023) to all Local Banks and Electronic Payment Infrastructure Providers (EPIPs) and their Agents regarding the Electronic Payment Links for Individual Clients 12 THE GOVERNOR Ramadhan 14, 1444 H April 05, 2023 Circular No. (2/BS, IBS, PS/520/2023) to all Local Banks and Electronic Payment Infrastructure Providers (EPIPs) and their Agents1 regarding the Electronic Payment Links for Individual Clients The Chairman, As the Central Bank of Kuwait (CBK) is keen to ensure the sound supervision over the e-payment activities in the State of Kuwait in light of the recently detected increase of fraud in e-payment services, and in order to reduce the risks arising from these transactions taking into consideration the AML/CFT requirements, the following must be complied with when providing payment services through e-payment links (Quick Pay) to individual customers:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. A. Circular No. (2/BS/IBS/475/2021) to all local Banks and Electronic Payment Infrastructure Providers (EPIPs) Regarding the Card Fraud Report. 13 5. Continuous monitoring of the transactions processed using the payment links, developing processes, procedures and controls to detect fraudulent transactions, and activating continuous supervision through anti-fraud systems and increasing the awareness campaigns through various communication channels. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. D. Circular No. (2/BS, IBS, FS, FS, PS/525/2023) to all local Banks, Financing Companies and Large Electronic Money Service Providers regarding the Controls of Buy Now Pay Later Services (BNPL). 14 THE GOVERNOR Thul-Hijjah 17, 1444 H July 05, 2023 The Chairman, Circular No. (2/BS, IBS, FS, IFS, PS/525/2023) to all Local Banks, Financing Companies, and Large Electronic Money Service Providers regarding the Controls of Buy Now Pay Later (BNPL) Services Reference is hereby made to the CBK Board of Directors’ Decision No. (45/471/2023) regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (25) thereof: “Activity service providers authorized to provide BNPL service must provide the CBK with a work plan that includes the measures for protecting customers’ rights, a disputes settlement and return of purchases, in accordance with the CBK’s relevant instructions and controls”. Thereupon, we would like to inform you that the CBK Board of Directors approved, in its meeting held on 26/06/2023, the controls for BNPL applicable to local banks, financing companies, and large electronic money service providers, as attached. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. D. Circular No. (2/BS, IBS, FS, FS, PS/525/2023) to all local Banks, Financing Companies and Large Electronic Money Service Providers Concerning Regulations for Buy Now Pay Later Services (BNPL). 15 Controls for Buy Now Pay Later (BNPL) Services for Local Banks, Financing Companies, and Large Electronic Money Service Providers Within the regulatory and supervisory role of the Central Bank of Kuwait vis a vis the banking and finance sector, virtue of “Law No. (32) of 1968 Concerning Currency, the Central Bank of Kuwait, and the Regulation of Banking” and amendments thereof, and based on the Instructions Regulating the E-Payment of Funds issued within decision (45/471/2023), and Article (25) in particular regarding the controls for Buy Now Pay Later (BNPL) services for Local Banks, Financing Companies, and Large Electronic Money Service Providers, and in line with implementation of global customer protection controls and standards, and in keenness to ensure that regulatory instructions and systems are abreast with developments in the banking and finance business environment, and guided by regional and international best practices in the field of regulatory standards for this type of business, the CBK Board of Directors has decided in its meeting convened 26/6/2023 to issue these controls for Buy Now Pay Later (BNPL) services for Local Banks, Financing Companies, and Large Electronic Money Service Providers. I. Scope of Implementation These controls are binding for Local Banks, Financing Companies, and Large Electronic Money Service Providers that offer Buy Now Pay Later (BNPL) services, to be referred to in this document as “service providers”. II. Buy Now Pay Later (BNPL) Requirements Before the initiation of BNPL service, CBK shall be provided with the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. D. Circular No. (2/BS, IBS, FS, FS, PS/525/2023) to all local Banks, Financing Companies and Large Electronic Money Service Providers Concerning Regulations for Buy Now Pay Later Services (BNPL). 16 C. The policy on limits on BNPL extended, where CBK has the right to reduce the amount as it deems appropriate. 2. Customer Protection Measures: A. Dispute settlement mechanism: a suitable mechanism shall be specified to guarantee settlement of any dispute that may take place between service providers and customers, and it shall be explicit enough to ensure effective implementation. B. The customer complaints service shall be linked with CBK whereby the (individual) customers lodge their complaints and grievances directly to CBK against the CBK-registered banks/companies that provide BNPL services. C. Return of purchases: a mechanism shall be specified to regulate return of purchases between the BNPL beneficiary and the service provider, which shall cover the time-frame permitted for returns, settlement of transaction sums, and the Service Level Agreement. III. Service Execution Controls
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. D. Circular No. (2/BS, IBS, FS, FS, PS/525/2023) to all local Banks, Financing Companies and Large Electronic Money Service Providers Concerning Regulations for Buy Now Pay Later Services (BNPL). 17 service provider was following proper procedure on the subject matter. If the customer is not satisfied with the reply, he may present a grievance to CBK attaching the reply and supporting documentation requesting that the bank examines the case and determine whether the service provider had taken proper procedure or was at fault. 6. Both beneficiary of BNPL service and the service provider must abide by the Service Level Agreement, and an item must be included that specifically addresses exchange of information, purchase returns, and the time-frame within which the beneficiary of the BNPL service is to inform the service provider of the details of the return to enable settlement and return of funds to the customer, as well as measures required in this regard. 7. No delay fees shall be imposed on the customer by the service provider if the return takes place prior to the date the installment is due. 26/06/2023
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. E. Circular No. (2/PS/526/2023) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Controls of Appointing Leadership Positions. 18 THE GOVERNOR Thul Hijjah 17, 1444 H July 05, 2023 The Chairman, Circular No. (2/PS/526/2023) to all E-Payment Service Providers, E-Money Service providers, and E-Payment Service Operators regarding Controls of Appointing Leadership Positions With reference to the CBK Board of Directors’ Decision No. (45/471/2023) regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (36) thereof: “The CBK’s approval must be obtained for candidates of the Board of Directors and executive management positions with the Activity services provider, and/or any other jobs determined by CBK in accordance with the requirements under its instructions issued regarding appointment of executive positions”, I would like to inform you that the CBK Board of Directors approved, in its meeting held on 26/6/2023, controls for appointing leadership positions with all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators, as attached. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. E. Circular No. (2/PS/526/2023) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Controls of Appointing Leadership Positions. 19 Controls of Appointing Leadership Positions for all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators We refer to the CBK Board of Directors’ Decision No. (45/471/2023) issued in its meeting convened 14/5/2023 regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (36): “CBK approval must be obtained for candidates of the Board of Directors and executive management positions with the activity services provider, and/or any other jobs determined by CBK in accordance with the requirements under its instructions issued regarding appointment of executive positions”. Thereupon, the following requirements shall be met by E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators nominees for membership in the Board of Directors and leading executive management positions:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. E. Circular No. (2/PS/526/2023) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Controls of Appointing Leadership Positions. 20 Must have a university degree in any field of a strong connection to the responsibilities of the position in question, as well as a three-year expertise in the same field. The term “other jobs”, also subject to the conditions above, are jobs connected to company activity such as those to do with internal auditing, risk, information technology, finance, operations, etc. 26/6/2023
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. F. Circular No. (2/PS/527/2023) to all E-Payment Service Providers and E-Money Service Providers Concerning the Instructions on Minimum Cybersecurity and Business Continuity Requirements. 21 THE GOVERNOR Thul-Hijjah 17, 1444 H July 05, 2023 The Chairman, Circular No. (2/PS/527/2023) to All E-Payment Service Providers and EMoney Service Providers regarding the Instructions on Minimum Cybersecurity and Business Continuity Requirements We hereby refer to the CBK Board of Directors’ decision No. (45/471/2023) regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (28) thereof: “Activity Services Providers must:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. F. Circular No. (2/PS/527/2023) to all E-Payment Service Providers and E-Money Service Providers Concerning the Instructions on Minimum Cybersecurity and Business Continuity Requirements. 22 Instructions on Minimum Cybersecurity and Business Continuity Requirements for E-Payment Service Providers and E-Money Service Providers Within the regulatory and supervisory role of the Central Bank of Kuwait vis a vis the banking and finance sector, virtue of “Law No. (32) of 1968 Concerning Currency, the Central Bank of Kuwait, and the Regulation of Banking” and amendments thereto, and based on the Instructions regulating the Electronic Payment of Funds issued in May 2023 by virtue of the Decision No. (45/471/2023), in particular Article (28) with respect to cybersecurity and business continuity, and implementation of global controls and standards related to safeguarding confidentiality of customers’ banking, financial, and personal data, and in line with regional and global best practices in the field of regulatory standards for such business, the CBK Board of Directors decided in its meeting held on 26/6/2023 to issue these instructions, which represent the minimum cybersecurity and business continuity requirements for E-Payment Service Providers and E-Money Service Providers. The aforementioned instructions include an integrated system aimed at reducing cyber risks associated with E-Payment Services and E-Money Services, and the negative effects that these risks may have on business continuity. Scope of Instructions These instructions apply to all E-Payment Service Providers and E-Money Service Providers, both current and newly established. Instructions Controls E-Payment Service Providers and E-Money Service Providers shall abide by the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. F. Circular No. (2/PS/527/2023) to all E-Payment Service Providers and E-Money Service Providers Concerning the Instructions on Minimum Cybersecurity and Business Continuity Requirements. 23 3. In cases where the service provider keeps record of or processes bank card data, Payment Card Industry Data Security Standard (PCI-DSS) certification must be obtained, approved by a third party, and renewed regularly to ensure continued validity with the approving authority. Should the certification be revoked or fail to be renewed for any reason, the CBK must be notified. 4. Comprehensive security assessment tests for the product/service must be conducted by a third party – and all observations in the assessment report must be addressed according to a clear plan compatible with the service provider’s risk management prior to launch of service. Service providers shall also maintain compliance with standard practices such as ISO security standards certificates in a manner that guarantees running of their business in an environment that is compliant with global information security standards. 26/6/2023
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. G. Circular No. (2/PS/528/2023) to all E-Payment Service Providers and E-Money Service Providers regarding the Rules and Procedures for Engaging in the Activity outside the State of Kuwait. 24 THE GOVERNOR Thul-Hijjah 17, 1444 H July 05, 2023 The Chairman, Circular No. (2/PS/528/2023) to all E-Payment Service Providers and E-Money Service Providers regarding the Rules and Procedures for Engaging in the Activity outside the State of Kuwait Reference is hereby made to the CBK Board of Directors’ Decision No. (45/471/2023) regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (26) thereof: “Activity service providers may not open a branch or a subsidiary company outside the State of Kuwait or initiating any procedures in this regard before obtaining the prior written approval of the CBK in accordance with the instructions CBK issues in this regard”. Thereupon, I would like to inform you that the CBK Board of Directors approved, in its meeting held on 26/6/2023, the rules and procedures applicable to the EPayment Service Providers and E-Money Service Providers for engaging in the activity outside the State of Kuwait, whether by opening branches or subsidiary companies, as attached. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. G. Circular No. (2/PS/528/2023) to all E-Payment Service Providers and E-Money Service Providers regarding the Rules and Procedures for Engaging in the Activity outside the State of Kuwait 25 Regulations and Procedures for Engaging in the Activity outside the State of Kuwait by E-Payment Service Providers and E-Money Service Providers, whether through Opening of Branches or Subsidiary Companies Within the regulatory and supervisory role of the Central Bank of Kuwait vis a vis the banking and finance sector, virtue of “Law No. (32) of 1968 Concerning Currency, the Central Bank of Kuwait, and the Regulation of Banking Business” and amendments thereof, and based on the Instructions regulating the Electronic Payment of Funds issued within decision (45/471/2023), and Article (26) in particular which states that, “Activity service providers are prohibited from opening a branch or subsidiary company outside the State of Kuwait or initiating any procedures in this regard before obtaining the prior written approval of the CBK in accordance with the instructions it issues in this regard.” E-Payment Service Providers and E-Money Service Providers “activity service providers” desiring to open branches or subsidiary companies shall comply with the following: I. Procedures for opening branches or subsidiary companies outside the State of Kuwait:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. G. Circular No. (2/PS/528/2023) to all E-Payment Service Providers and E-Money Service Providers regarding the Rules and Procedures for Engaging in the Activity outside the State of Kuwait 26 E. Any other matters taken in consideration upon taking the decision to opt for establishing a branch or subsidiary company. II. Activity service providers shall present to CBK reports, information, and data related to their branches or subsidiaries abroad, including the information below:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 27 THE GOVERNOR Thul-Hijjah 17, 1444 H July 05, 2023 The Chairman, Circular No. (2/PS/529/2023) to All E-Payment Service Providers and EMoney Service Providers regarding AML/CFT Instructions We hereby refer to the CBK Board of Directors’ Decision No. (45/471/2023) regarding issuance of the Instructions regulating the Electronic Payment of Funds, which state under Article (27) thereof: “Activity services providers must comply with AML/CFT requirements set forth under the Law No. 106 of 2013 regarding Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) and its Executive Bylaw, the related ministerial resolutions, the requirements under the international standards issued by the Financial Action Task Force (FATF), and any instructions issued by CBK or the related supervisory authorities” Thereupon, we would like to inform you that the CBK Board of Directors approved, in its meeting held on 26/6/2023, the AML/CFT instructions to EPayment Service Providers and E-Money Service Providers, as attached. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 28 AML/CFT Instructions to E-Payment Service Providers and E-Money Service Providers Within the framework of compliance by E-Payment Service Providers and EMoney Service Providers with Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) instructions in line with Law No. (106) of 2013 (later referred to as The Law), its executive bylaws, relevant ministerial decisions, requirements included in the global standards issued by the Financial Action Task Force (FATF), and based on the Instructions regulating the Electronic Payment of Funds issued in resolution No. (45/471/2023), and particularly Article (27) thereof which states, “Activity services providers must comply with AML/CFT requirements set forth under the Law No. 106 of 2013 regarding Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) and its Executive Bylaw, the related ministerial resolutions, the requirements under the international standards issued by the Financial Action Task Force (FATF), and any instructions issued by CBK or the related supervisory authorities.”, E-Payment Service Providers and E-Money Service Providers shall abide by the following: I. Assessment of AML/CFT Risk: E-Payment Service Providers and E-Money Service Providers must produce an assessment of AML/CFT risk connected to the activity they are to engaged in and update said assessment every two years, and the study shall address the nature of risk connected to the following elements: • The Various types of customers whom will be dealt with. • Product or service, whether it’s currently being offered or to be offered in the future • The level of risk the E-Payment Service Providers and E-Money Service Providers are exposed to according to both elements above, where it is to be classified under the three risk levels (Low, Moderate, and High). All due diligence measures shall also be in place while managing these elements to limit their impact on the activity. II. Due Diligence Requirements: According to the outcome of the risk assessment that was conducted to assess the AML/CFT risk, appropriate due diligence measures are to be defined and followed by the E-Payment Service Providers and E-Money Service Providers with regards to the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 29 • Type of documents to be provided for each risk level connected to transactions and customers. • Information that would be requested from the customer according to the risk associated with each. • Additional measures to be taken towards implementation of enhanced due diligence in case of “high risk” associated with a customer. • Due care must be taken when updating data and information concerning customers which is required to be undertaken at intervals befitting the level of risk associated with said customers (within a year or less for high-risk customers, within two years or less for moderate risk customers, and within three years for low-risk customers). III. Verifying Customer’s Identity: E-Payment Service Providers and E-Money Service Providers must not initiate a business relation with any customers without ascertaining the full name of the customer and that he/she is the beneficial owner of the service provided. Furthermore, the customer’s identity shall be ascertained based on legal documentation issued by an official authority in the State of Kuwait, which shall be valid, in line with the following: • A civil ID card for Kuwaitis and non-Kuwaitis (residents), issued by the Public Authority for Civil Information (PACI). • Using the Mobile ID application, provided by PACI. • A copy shall be maintained of all documents gathered to verify customers identity. IV. Compliance Control: A. Concerning companies registered with CBK among Small E-Payment Service Providers or Small E-Money Service Providers: An institution’s organizational structure shall include a compliance control position, and the job description and tasks associated with the post shall be indicated. A company’sstaff-member shall be assigned to the post who is of sufficient expertise in the concerned area in line with the relevant Law/s.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 30 B. Concerning companies registered with CBK among Large EPayment Service Providers or Large E-Money Service Providers: • An independent compliance supervisor must be assigned on higher management level to ascertain the company’s compliance with the provisions of the law. The staff member appointed in this position must have suitable qualifications and expertise in the areas of countering money laundering and financing of terrorism that enable him/her to successfully perform the concerned tasks. Furthermore, CBK shall be provided with all information concerning the compliance supervisor and those to serve in their place while they are on leave, and this shall include the name, qualifications, phone numbers, and email address, and the CBK shall be apprised of any/all changes to this information. • The company shall have in place a specific job description for the post of compliance supervisor and assistants – if any – that includes all tasks that come with the position. V. Continued Monitoring of Customer Transactions: Procedures and systems shall be in place to guarantee continued monitoring by the E-Payment Service Providers or E-Money Service Providers of all transactions carried out for each customer, to ensure that all transactions executed are in line with available customer data and its risk assessment. VI. Saving Customer Information (KYC): The E-Payment Service Provider or E-Money Service Provider must ascertain all data concerning the customer and the identity of the beneficial owner through completion of the (Know Your Customer [KYC] form), and this includes as a minimum all information related to the type and volume of the activity, as well as the purpose of dealing with the service provider, in addition to the number and value of expected transactions, and the limit for transactions that could be executed (daily, weekly, monthly). There must also be a disclosure if the customer is currently serving, or had in the past served, in a political position, whether locally or internationally, and documentation presented to this end must be saved and the validity thereof verified for as long as the business relation with the customer lasts. VII. General Requirements: • Where there is doubt a given transactions involves proceeds of a crime or is in any way connected to money laundering or financing of terrorism,
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 31 an examination and gathering of information shall be conducted without informing any of the parties or giving them any suspicion, that such an inquiry is taking place. And all supporting documentation shall be maintained ready to be presented upon request. The Kuwait Financial Intelligence Unit (KwFIU) must be notified of the incident within two business days, should the inquiries conclude there is indeed suspicion of or existence of funds connected to money laundering or financing of terrorism. • It must be verified that none of the customers served are listed in the sanction lists, whether those issued by the UN Security Council (UNSC) sanction committees or by the Foreign Ministry’s committee (the local committee) concerned with implementation of UNSC resolutions, and no business may be engaged in with any customer whose name is on any of these lists. • All documentation, data, and information, whether on the transactions executed or those gathered in line with due diligence measures must be maintained for 5 years minimum of the date of end of business with the customer, and all studies conducted on risk associated with money laundering and financing of terrorism, and updates thereof, must also be maintained. • Internal procedures must be in place to update customer data at a frequency commensurate with the level of risk, and documents saved and gathered as part of due diligence must continue to be valid. • Appropriate training and knowhow must be provided for all concerned staff of E-Payment Service Providers and E-Money Service Providers in the area of verifying compliance with AML/CFT instructions, in a manner that guarantees they are capable of meeting their tasks. • No E-Payment Service or E-Money Service may be provided to any individuals or institutions without licensing from the competent authorities. • Policies, business procedures, and internal systems and controls must be drawn up and implemented for countering money laundering and the financing of terrorism.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. H. Circular No. (2/PS/529/2023) to All E-Payment Service Providers and E-Money Service Providers regarding AML/CFT Instructions. 32 VIII. Penalties and Legal Action: Penalties indicated in Article (15) of Law No. (106) of 2013 on Anti-Money Laundering and Countering the Financing of Terrorism measures (AMLCFT) shall apply to E-Payment Service Providers and E-Money Service Providers should they be found in violation of any of these instructions. 26/6/2023
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. I. Circular No. (2/BS, IBS, PS/531/2023) to all Local Banks, E-Payment Service Operators, E-Payment Service Providers and E-Money Service Providers regarding MCC Codes and Description of Payment Transactions. 33 The Executive Director Safar 07, 1445 H August 23, 2023 The Chief Executive Officer, Circular No. (2/BS, IBS, PS/531/2023) to all Local Banks, E-Payment Service Operators, E-Payment Service Providers and E-Money Service Providers regarding MCC Codes and Description of Payment Transactions In line with the CBK’s roles of regulation and oversight over the banking and financial sector, as mandated under the Law No. 32 of 1968 concerning Currency, the Central Bank of Kuwait and the Regulation of Banking and its amendments, and the Instructions regulating the Electronic Payment of Funds issued in May 2023, we would like to inform that you are required, when providing E-Payment services, whether through POS devices or the E-Payment gateway, to ensure that an MCC code is assigned, and the description of the payment transactions are in accordance with the updated list of codes and descriptions of E-Payment methods in KNET’s POS devices and the E-Payment gateway. Best Regards, The Executive Director Abdul Hameed D. Al-Awadh
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. J. Circular No. (2/PS/532/2023) to E-Payment Service Operators, E-Payment Service Providers, and E-Money Service Providers Regulating the Provision of POS and Soft POS Devices to Exhibition Organizers. 34 The Executive Director Safar 18, 1445 H September 03, 2023 The Chief Executive Officer, Circular No. (2/PS/532/2023) to E-Payment Service Operators, E-Payment Service Providers, and E-Money Service Providers Regulating the Provision of POS and Soft POS Devices to Exhibition Organizers In line with the CBK’s roles of regulations and oversight over the banking and financial sector, as mandated under the Law No. 32 of 1968 concerning Currency, the Central Bank of Kuwait and the Regulation of Banking and its amendments, and the Instructions regulating the Electronic Payment of Funds issued on 15/05/2023, we would like to inform you that POS and Soft POS devices must not be provided to exhibition organizing companies for use by exhibition participants. Instead, such services shall be directly provided by Local Banks, EPayment Service Providers or E-Money Service Providers, to exhibition participants, and the bank or activity provider shall be responsible for providing the service in accordance with the Instructions regulating the Electronic Payment of Funds, as well as the Anti-Money Laundering and Combating Financing Terrorism (AML/CFT) instructions to the E-Payment Service Providers and EMoney Service Providers issued on 05/07/2023. Best Regards, The Executive Director Abdul Hameed D. Al-Awadh
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. K. Circular to all E-Payment Service Providers, E-Money Service providers and E-Payment Service Operators regarding Access to KwFIU Website to update the Suspicion Indicators that aid in Monitoring Suspicious Transactions. 35 The Executive Director Safar 19, 1445 H September 04, 2023 The Chief Executive Officer, Circular to all E-Payment Service Providers, E-Money Service Providers and E-Payment Service Operators Further to the update by Kuwaiti Financial Intelligence Unit (KwFIU) of the suspicion indicators that aid financial institutions, designated non-financial businesses and professions in monitoring suspicious transactions, approved on 22/06/2023 and published on the KwFIU’s website, you are required to access the KwFIU website to consider the said indicators for guidance. Best Regards, The Executive Director Abdul Hameed D. Al-Awadh
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. L. Circular No. (2/BS, IBS/534/2023) to all Local Banks regarding Measures for Protection of Customers from Electronic Fraud. 36 THE GOVERNOR Rabiʽ Al-Awwal 3, 1445 H September 18, 2023 The Chairman, Circular No. (2/ BS, IBS/534/2023) to all Local Banks regarding Measures for Protection of Customers from Electronic Fraud Out of the CBK’s keenness to enhance measures for protection of customers from fraud, all local banks are required to take the necessary actions to fulfill the below requirements:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. L. Circular No. (2/BS, IBS/534/2023) to all Local Banks regarding Measures for Protection of Customers from Electronic Fraud. 37 4. The circular issued on 05/04/2023 regarding e-payment links for individual customers must be complied with. In addition, the transactions of electronic transfers must be continuously monitored. Processes, procedures and proactive controls must be developed to detect fraudulent transactions, and continuous supervision through anti-fraud systems must be activated. and CBK must be notified of such transactions, and awareness campaigns must be increased raise the level of awareness of the recent methods of fraud. 5. Informing customers on the new process for adding a beneficiary in line with this circular must be conducted through all of the bank’s official social media platforms. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. M. Circular No. (2/ BS, IBS/535/2023) to all local Banks on Linking with the Shared Electronic Banking Services Company (KNET) for the Apple Pay Service. 38 The Manager Rabiʽ Al-Awwal 04, 1445 H September 19, 2023 The Chief Executive Officer, Circular No. (2/ BS, IBS/535/2023) to all Local Banks on Linking with the Shared Electronic Banking Services Company (KNET) for the Apple Pay Service As part of the CBK’s roles of regulation of the e-Payment related activities, all local banks should have a direct link with the Shared ElectronicBanking Services Company (KNET) to process transactions related to the Apple Pay Debit Card Service, within a maximum period of 6 months as of the date hereof, and provide us with a confirmation that the link process has been completed. Best Regards, Manager, Digital Operations & Financial Technologies Supervision Department Reem M. Al-Roumi
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. N. Circular to all Local Banks regarding Fees and Commissions for E-Payment Services. 39 The Manager Rabiʽ Al-Awwal 27, 1445 H October 12, 2023 The Chief Executive Officer, Circular to all Local Banks regarding Fees and Commissions for EPayment Services As part of the CBK’s regulation of E-Payment activities, and with reference to Article (23) of the Instructions regulating the Electronic Payment of Funds issued in May 2023 which states: “It is prohibited to collect or modify any fees or commissions under any name unless a written approval is obtained from CBK, and after informing CBK of the nature, actual cost and supporting documents of such fees and commissions”, your banks must provide us with all fees and commissions collected for any payment service that you provide, including E-Payment gateway service and POS devices service. Best Regards, Manager, Digital Operations & Financial Technologies Supervision Department Reem M. Al-Roumi
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. O. Regulations applicable to Non-resident Companies for Providing Buy Now Pay Later Services in the State of Kuwait. 40 Regulations Applicable to Non-resident Companies for Providing Buy Now Pay Later Services in the State of Kuwait1 I. The following are the terms and conditions to be fulfilled by a nonresident company upon submitting the application for providing BNPL Services in the State of Kuwait:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. O. Regulations applicable to Non-resident Companies for Providing Buy Now Pay Later Services in the State of Kuwait. 41 9. The company shall submit an irrevocable and automatically renewable letter of guarantee issued in favor of the Central Bank of Kuwait from a licensed bank in the State of Kuwait for an amount of KWD 1,000,000. 10. The company shall submit a work plan that includes, at least, the following: A. The manual of work procedures for providing the services including payment procedures, settlement and installment procedures, charge and commission deduction procedures, and procedures for inquiry about client’s credit limit and reporting of granted amounts. B. The rules and conditions of BNPL Service including, as a minimum, the types of products and services that would be purchased, the target segments of customers, the number of payments, the maximum grant amount, the maximum period of payment, delay charges (if any) etc. C. The policy for granting limits to BNPL customers, and The Central Bank of Kuwait has the right to reduce the amount, as it deems appropriate. 11. The company shall submit a plan for customers’ right protection measures, including: A. Dispute Resolution Mechanism: this should be defined to ensure resolving any dispute that may arise between the service provider and a customer; it shall be clear and well-defined to ensure efficacy, and Kuwaiti courts shall have jurisdiction to adjudicate any such dispute. B. Linking the customer complaint service with the Central Bank of Kuwait, where any individual customer may submit a complaint/grievance directly to the Central Bank of Kuwait against a BNPL Service Provider registered with the Central Bank of Kuwait. C. Refunds for Returns of purchases: a mechanism should be developed to regulate returned purchases refund processes between the beneficiary of the BNPL Service and the service provider, including the period for returning purchases, settlement of transactions’ amounts and the Service Level Agreement.
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. O. Regulations applicable to Non-resident Companies for Providing Buy Now Pay Later Services in the State of Kuwait. 42 II. Controls for Service Implementation:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. O. Regulations applicable to Non-resident Companies for Providing Buy Now Pay Later Services in the State of Kuwait. 43 III. License:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. P. Circular to all E-Payment Service Providers, E-Money Service Providers and Limited Purpose E-Money Providers emphasizing the Necessity of Adhering to the Provisions of Article (24) on the Instructions regulating the Electronic Payment of Funds issued in May 2023. 44 THE GOVERNOR Sha’ban 05, 1445 H February 15, 2024 The Chief Executive Officer, Circular to all E-Payment Service Providers, E-Money Service Providers and Limited Purpose E-Money Providers Emphasizing the Necessity of Adhering to the Provisions of Article no. (24) on the Instructions regulating Electronic Payment of Funds issued in May 2023 It was observed that some companies applying to No-Objection Certificate for Limited Purpose E-money include an expiration date on the customer (End User) of Limited Purpose E-money, who, accordingly, does not gain any benefit or service in exchange for e-money after the said expiry date, and crediting the money to the account of the merchant/service provider. This contravenes the provisions of Article (24) on the Instructions regulating the Electronic Payment of Funds issued in May 2023, which states: “In addition to the provisions stated out under the above article, E-money Services Providers must: Settle the full or partial value of E-money at any time at the customer's request. Such payment shall be in the same currency of stored funds.” Therefore, CBK emphasizes the necessity of adhering to the provisions of Article (24) and giving the End User the option to refund the E-money to his/her account or maintain the same in the E-wallet, provided that its term shall be extended. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Q. Circular No. (2/BS, IBS, PS/547/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Electronic Payment Links. 45 THE GOVERNOR Thul-Qi’da 25, 1445 H June 02, 2024 The Chairman, Circular No. (2/BS, IBS, PS/547/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Electronic Payment Links Out of the Central Bank of Kuwait’s Keenness to ensure the sound control over electronic payment, and minimize risks arising from electronic payment links (Quick Pay), the following shall be adhered to upon providing such service to individual and corporate customers:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. R. Circular No. (2/BS, IBS /546/2024) to all Kuwaiti Banks regarding “Instant Payment” Project. 46 THE GOVERNOR Thul-Qi’da 29, 1445 H June 06, 2024 The Chairman, Circular No. (2/BS, IBS /546/2024) to all Kuwaiti Banks concerning “Instant Payment” Project Reference is made to the Central Bank of Kuwait’s Circular issued on 11/09/2023 concerning “Instant Payment” Project, all banks participating in the project must complete all the necessary tests related to linking “Instant Payment” service with the Shared Electronic Banking Services Company (KNET), obtain prior approval from the Central Bank of Kuwait (CBK) of the scheduled date for launching the service and provide CBK with the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. S. Circular No. (2/PS/557/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators Concerning Company Managers’ Tasks Assigning During Absence. 47 The Executive Officer Rabi’ Al-Thani 13,1446 H October 16, 2024 The General Manager /The Executive Officer, Circular No. (2/PS/557/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding Delegation of Company Managers’ Tasks in their Absence In order to ensure the sound regulation of the workflow at E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators in accordance to the related laws and instructions, and considering the observation that managers in some companies travel on business trips or special vacations abroad without notifying the Central Bank of Kuwait (CBK), CBK draws your attention that it must be notified, and his/her duties and works shall be assigned to deputies or assistants or the like, as approved for their positions in accordance with provisions of Article (36) of the Instructions regulating the Electronic Payment of Funds issued in May 2023, in line with your in-house bylaws. Best Regards, Acting Executive Director, Supervision Sector Dr. Mohammad B. Al-Khamees
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. T. Circular No. (2/PS/558/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the required Documents for Partners and Members of the Board of Directors when Applying for Registration. 48 THE GOVERNOR Rabi’ Al-Akhir 17, 1446 H October 20, 2024 The General Manager, Circular No. (2/PS/558/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators Reference is hereby made to Article (23) of the instructions regulating the Electronic Payment of Funds issued on 14/10/2023, which states: “Registration applications shall be submitted to CBK as per the designated form along with the required documentation and enclosures. CBK may request additional information or data at any time during the application submission stage, and the applicant must provide CBK with the requested information/data within 30 days as of the request date or the period CBK sees reasonable, at its discretion. CBK may reject the application should the applicant not submitted the requested information”, and to Article (27) of the said instructions, which states: “Activity services providers must comply with AML/CFT requirements set forth under the Law No. 106 of 2013 regarding Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) and its Executive Bylaw, the related ministerial resolutions, the requirements under the international standards issued by the Financial Action Task Force (FATF), and any instructions issued by CBK or the related supervisory authorities”. We would like to inform you that when applying for registration in the register of E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators, your company must provide us with the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. T. Circular No. (2/PS/558/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the required Documents for Partners and Members of the Board of Directors when Applying for Registration. 49 In addition, we stress the importance that your company must obtain a prior approval from the Central Bank for Kuwait in the event of amendment to the company's ownership structure, and the entry of new partners. Best Regards, The Governor Basel A. Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. U. Circular No. (2/PS/559/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Statement of Development of the required National Labor Ratio by Main Jobs and the Company’s Economic Activity. 50 THE GOVERNOR Rabi’ Al-Thani 17,1446 H October 20, 2024 The Chairman, Circular No. (2/PS/559/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators Within the regulatory and supervisory role of the Central Bank of Kuwait vis a vis the banking and finance sector, by virtue of the Law No. 32 of 1968 Concerning Currency, the Central Bank of Kuwait, and Regulating of Banking, and its amendments, and in light of the CBK's monitoring of the national labor ratios at its regulated entities, you must provide CBK with a statement of development of the required national labor ratio by the main jobs and the economic activity at your company, on a semi-annual basis, as at 30/6 and 31/12 each year, inclusive of all employees’ information, i.e., their number, nationality and job levels (use the attached form). CBK emphasizes on taking the necessary measures towards fulfilling the national labor ratio in accordance with the Kuwait Council of Ministers’ Resolution No.1868 of 2018 regarding the national labor ratio in the private sector, by the main jobs in the economic activity. Best Regards, The Governor Basel Ahmad Al-Haroon
Central Bank of Kuwait Department of Digital Operations and Financial Technologies Supervision Company Name: Statement of Employees at ………………. Company sorted by their number, nationality and job level as at / / Numbers of Kuwaiti Laborer (1) Numbers of Non-Kuwaiti Laborer (2) Total (1) + (2) High levels Middle levels Low levels Total High levels Middle levels Low levels Total High levels Middle levels Low levels Total
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. V. Circular No. (2/PS/554/2024) to all E-Payment Service Providers and E-Money Service Providers regarding Opening a Current Account with CBK. 52 THE MANAGER Rabi’ Al-Akhir 26, 1446 H October 29, 2024 The General Manager, Circular No. (2/PS/554/2024) to all E-Payment Service Providers and EMoney Service Providers regarding Opening a Current Account with CBK We would like to inform you that, in light of the instructions regulating the Electronic Payment of Funds issued in May 2023, your company is required to open a current account with CBK. It is also decided that the minimum balance of the account of any e-payment service provider and e-money service provider is set at KD 5,000. Your company, therefore, is required to maintain the mentioned minimum limit of the current account with CBK by the end of November 2024. Best Regards, Manager of Digital Operations & Financial Technologies Supervision Department Reem Alroomi
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. W. Circular No. (2/BS, IBS, PS/561/2024) to all Local Banks, E-Payment Service Providers, E-Money Service Providers regarding the Pilot Launch Requirements. 53 THE MANAGER Jumada Al-Oula 1, 1446 H November 3, 2024 The Executive Director, Circular No. (2/ BS, IBS, PS/561/2024) to all Local Banks E-Payment Service Providers, E-Money Service Providers regarding the Pilot Launch Requirements Further to the Circular dated 15 May 2023 to all Local Banks, Financing Companies, Exchange Companies and E-Payment Infrastructure Providers (EPIPs) and their Agents regarding the Instructions regulating the Electronic Payment of Funds, and Article (12) thereof that states: “… CBK may request additional information or data at any time during the application submission stage, and the applicant must provide CBK with the requested information/data within 30 days as of the request date or the period CBK sees reasonable, at its discretion. CBK may reject the application should the applicant not submitted the requested information”, Companies that have obtained initial approval for registration in the CBK’s Register of E-Payment Service Providers, E-Money Service Providers, and EPayment Service Operators, are required to complete the procedures for the pilot launch of their electronic payment services as per the related initial approval, and based on a detailed plan approved by CBK. Best Regards, Manager of Digital Operations & Financial Technologies Supervision Department Reem Alroomi
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. X. Circular No. (2/PS/564/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Submission of Financial Statements. 54 THE MANAGER Jumada Al-Akhira 25, 1446 H December 26, 2024 The Executive Director, Circular No. (2/PS/561/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Submission of Financial Statements Within CBK’s supervisory role over all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators, your company must provide CBK with copies of its semi-annual financial statements reviewed by the auditor, and the annual financial statements audited by the auditor within a maximum period of forty-five days from the end of reporting period. These financial statements should be prepared following the same principles based on which the closing financial statements are prepared at the end of each year. Best Regards, Manager of Digital Operations & Financial Technologies Supervision Department Reem Alroomi
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 55 THE GOVERNOR Jumada Al-Akhira 25,1446 H December 26, 2024 The Chairman, Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission Reference is made to Article (39) of the Instructions Regulating the Electronic Payment of Funds issued on 14/05/2023, which states: “Activity services providers must submit all necessary data and information to CBK, for the purposes of supervision, oversight and inspection as per the procedure stated by CBK. Activity service providers shall allow access to all books, records, documents and minutes of meeting, and not to take any action that may have a negative impact on CBK’s supervision, oversight and inspection, and to fully cooperate to accomplish the mission. In addition, they must submit periodic reports, data and information required by CBK in accordance with the related instructions”. CBK must be provided with the required reports according to the time period specified for each of them, taking into account that the preparation of these reports must comply with the following:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 56 Attachment No. (1)
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 57 Attachment No. (2)
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 58 Attachment No. (3)
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 59 Attachment No. (4)
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Y. Circular No. (2/PS/565/2024) to all E-Payment Service Providers, E-Money Service Providers, and E-Payment Service Operators regarding the Required Reports and the Mechanism for Submission. 60 Attachment No. (5)
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Z. Circular No. (2/BS, IBS/566/2024) to all Local Banks regarding Security Controls on Card Tokenization. 61 THE GOVERNOR Jumada Al-Akhira 25,1446 H December 26, 2024 The Chairman, Circular No. (2/BS, IBS/566/2024) to all Local Banks regarding Security Controls on Card Tokenization Keen to tighten control, and enhance and develop the internal control systems of banks, your bank is required to:
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. Z. Circular No. (2/BS, IBS/566/2024) to all Local Banks regarding Security Controls on Card Tokenization. 62 fraud and the mechanism for dealing with it, and update them according to CBK directives, and inform the competent authorities of fraud related cases and reporting, while notifying CBK on a continuous basis as per the specified term and timeframe”. Therefore, you are required to implement this circular and provide us with the necessary time plan for completion. Best Regards, The Governor Basel Ahmad Al-Haroon
CHAPTER TWO: Supervisory & Regulatory Instructions & Controls for E-Payment Service Providers Circulars for Regulating the Electronic Payment of Funds. AA. Circular No. (2/BS, IBS/567/2024) to all Local Banks regarding Financial Limits on Bank Cards and Payment Transactions. 63 THE GOVERNOR Jumada Al-Akhira 25,1446 H December 26, 2024 The Chairman, Circular No. (2/BS, IBS/567/2024) to all Local Banks regarding Financial Limits on Bank Cards and Payment Transactions Keen to tighten control, enhance and develop the internal control systems of banks, and improve the security requirements related to payment transactions on all bank cards (ATM cards, credit cards, and prepaid cards), your bank is required to develop conservative controls on payment transactions, by adhering to the following: 3. Control financial transactions executed through websites using bank cards, especially those that do not require entering a one-time password (OTP), by setting a conservative daily limit for the total financial transactions and their number during one day. 4. Develop a mechanism, whether through branches or e-banking service channels at your bank, that enables the customer to choose and modify the limits of payment transactions made using bank cards for each payment channel available according to the customer’s classification at your bank, ensuring to notify the customer of any amendments made, and applying for the CBK approval in this regard. CBK also emphasizes the need to adhere to Article (32) of the Instructions Regulating the Electronic Payment of Funds issued in May 2023, which states: “develop the policies, procedures, systems and controls necessary for detecting fraud and the mechanism for dealing with it, and update them according to CBK directives, and inform the competent authorities of fraud related cases and reporting, while notifying CBK on a continuous basis as per the specified term and timeframe”. Therefore, you are required to implement this circular and provide us with the necessary time plan for completion. Best Regards, The Governor Basel Ahmad Al-Haroon