Circular to Banks and Financial Institutions No. 2022-08 of October 20, 2022

Tunis, October 20, 2022

CIRCULAR TO BANKS AND FINANCIAL INSTITUTIONS NO. 2022-08 Subject: Policies and measures for the handling of customer complaints.

The Governor of the Central Bank of Tunisia,
Having regard to Organic Law No. 2004-63 of July 27, 2004, concerning the protection of personal data, Having regard to Law No. 2016-35 of April 25, 2016, establishing the status of the Central Bank of Tunisia, and in particular Article 8 thereof, Having regard to Law No. 2016-48 of July 11, 2016, concerning banks and financial institutions, and in particular Article 82 thereof, Having regard to Decree No. 2006-1881 of July 10, 2006, concerning the conditions for exercising the banking ombudsman activity, Having regard to Circular No. 2006-12 of October 19, 2006, concerning the attributes of banking service quality, Having regard to Circular No. 2006-19 of November 28, 2006, concerning internal control in credit institutions, Having regard to Circular No. 2017-06 of July 31, 2017, concerning accounting, prudential and statistical reporting to the Central Bank of Tunisia, Having regard to Circular No. 2018-16 of December 31, 2018, concerning the rules governing the activity and operation of payment institutions, Having regard to Circular No. 2020-11 of May 18, 2020, concerning the conditions for providing domestic mobile payment services, Having regard to Circular No. 2021-05 of August 19, 2021, concerning the governance framework for banks and financial institutions, Having regard to the Opinion of the Compliance Control Committee No. 2022-08 dated October 7, 2022, as provided for in Article 42 of Law No. 2016-35 of April 25, 2016, establishing the status of the Central Bank of Tunisia.

Decides:
Article 1: This Circular sets forth the minimum requirements and internal control rules that banks and financial institutions must observe to ensure effective, free, and confidential handling of customer complaints.
It applies to banks and financial institutions within the meaning of Law No. 2016-48, hereinafter referred to as "the institutions", excluding payment institutions.

Article 2: For the purposes of this Circular, a complaint constitutes any statement recording a dispute, dissatisfaction, or objection presented by customers to an institution regarding a product or service they have subscribed to or wish to subscribe to, excluding domestic mobile payment services governed by Central Bank of Tunisia Circular No. 2020-11 of May 18, 2020.
The following are not considered complaints under this Circular:

a service request;
an information or advisory request;
a complaint subject to referral by the banking mediation body or the banking ombudsman;
a grievance subject to ongoing proceedings before judicial authorities or under arbitration;
a dispute that has been subject to a judicial decision or arbitral award, or settled amicably or through a transaction between the client and the institution; and
a grievance concerning the employment relationship between the institution and its employees.

Article 3: Institutions must establish a customer complaint handling mechanism that is part of the policy protecting the interests of banking service users and their personal data, as provided for in Circular No. 2021-05 of August 19, 2021.
This mechanism includes in particular:
− adequate organization;
− human and logistical resources; and
− formalized internal procedures.

Article 4: Each institution must establish a complaint handling unit adapted to the size of the institution, the nature of its activity, and the volume of complaints handled annually.
The institution must define the powers of this unit, allocate adequate human and technical resources to it, and grant it access to the data and documents necessary for fulfilling its duties, in compliance with legal requirements regarding personal data processing and professional secrecy.

Article 5: The institution must implement formalized procedures and internal control rules organizing, in particular, the methods for receiving complaints, processing them, and archiving them.
These procedures and rules must be subject to periodic review.

Article 6: The institution must make various channels available to customers for receiving complaints, including in particular:

an electronic mail box;
an online form; and
in-person submission at branches and the head office.

Article 7: The institution must inform customers about complaint reception procedures, processing deadlines, and the conditions for recourse to banking mediation:

through legible posters in branches;
on its electronic platforms;
on account statements and extracts; and
on promotional, pre-contractual, and contractual documents.

Article 8: The institution is required to:

issue a receipt for any complaint received through the channels provided in Article 6 of this Circular, containing at minimum the registration date and reference number;
exercise due diligence in examining customer complaints and provide a response, by any means leaving a written record, within a timeframe accounting for the nature and complexity of the complaint. This timeframe shall not exceed fifteen (15) working days from the date of the receipt; and
provide reasoned responses for any partial or total rejection of the customer's claims.

Article 9: The institution must implement a dedicated IT solution for complaint handling, enabling in particular:

to centralize and archive in a database all received complaints, categorized by subject matter and outcomes;
to automatically generate receipts with a reference number for each remotely received complaint;
to alert the unit provided for in Article 4 of this Circular regarding potential processing deadline breaches; and
to generate key performance indicators.
The institution retains, in accordance with legal deadlines, the information specified in Annex 1 of this Circular.

Article 10: The institution's management body submits an annual report to the administrative body on customer complaint handling.

Article 11: The institution includes in its internal control report, which it is required to submit to the Central Bank of Tunisia pursuant to Article 52 of Circular No. 2006-19, a chapter dedicated to describing its complaint handling mechanism and the control activities performed in this regard.

Article 12: The complaint handling mechanism must be subject to an internal audit mission at least once every three (3) years and whenever necessary.
The institution's audit committee evaluates and approves the report prepared at the conclusion of said mission.

Article 13: The institution designates, from the personnel of the unit provided for in Article 4 of this Circular, a liaison officer who acts as the point of contact for the Central Bank of Tunisia to provide, upon request, any information regarding complaint handling.
The liaison officer also acts as the contact for the banking ombudsman or the banking mediation body and is responsible for providing any information or documentation necessary to fulfill their duties.

Article 14: A new declaration is added to Domain 6 concerning general reporting, as provided in Annex I of Central Bank of Tunisia Circular No. 2017-06 of July 31, 2017, concerning accounting, prudential and statistical reporting to the Central Bank of Tunisia, in accordance with Annex 2 of this Circular.
This declaration must comply with Annex 3 of this Circular.

Article 15: This Circular enters into force from its date of publication.
Institutions must comply with the provisions of this Circular within six (6) months from its effective date.
The provisions of Article 5 of the Central Bank of Tunisia Circular to credit institutions No. 2006-12 of October 19, 2006, concerning the attributes of banking service quality, are repealed as of the expiration date of the timeframe provided in the second paragraph of this Article. The Governor, Marouane EL ABASSI

Annex 1 to Circular No. 2022-08 of October 20, 2022
Minimum information to be retained by institutions regarding complainants

Complaint reference number
Full name / company name or trade name for corporations
Unique identifier with the National Business Register for legal entities
Date of complaint receipt
Complaint reception channel
Product/service type subject to the complaint
Subject and description of the complaint
Investigations conducted by the institution
Steps taken by the institution to resolve the issue
Outcome of the complaint

Annex 2 to Circular No. 2022-08 of October 20, 2022 amending Annex I to Circular No. 2017-06 concerning accounting, prudential and statistical reporting to the Central Bank of Tunisia

Domain	Declaration Code	Declaration Title	EA	Declaration Periodicity	Maximum Transmission Deadline	Format /Transmission
6- General Reporting	ROGS760	Statement on received complaints in accordance with Annex 3 of Circular No. 2022-…	BR+BNR+EL+EF+BA	Annual	DR+45 days	XML

Circular to Banks and Financial Institutions No. 2022-08 of October 20, 2022

Lineage: In force

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