2020-08-27 | 13262The Governor of the Central Bank of Lebanon issued Decision No. 13262 to revive banking operations by mandating fair asset and liability valuations, establishing a 15% (or 30% for senior stakeholders and PEPs) mandatory deposit into a new eight-year 'Special Account' for clients transferring over $500,000 abroad since July 2017, and requiring banks to maintain a minimum 3% foreign currency external account. The decision further enables capital reconstitution through the issuance of redeemable, tradable perpetual bonds and allows depositors to voluntarily convert funds into equity or bonds, with proceeds transferable abroad if funded by new capital. Non-compliant banks face administrative and criminal sanctions, while supervisory commissioners are tasked with verifying implementation and reporting suspected money laundering or terrorist financing activities.
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Central Bank Circular No. 154 Addressed also to the Supervisory Commissioners of Banks
We enclose a copy of Decision No. 13262 dated August 27, 2020, concerning exceptional measures to revive the operations of banks operating in Lebanon.
Beirut, August 27, 2020 Governor of the Central Bank of Lebanon Riad T. Salamé
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Decision No. 13262 Exceptional Measures to Revive the Business of Banks Operating in Lebanon
The Governor of the Central Bank of Lebanon, Pursuant to the Monetary and Banking Law, particularly Articles 70, 79, 104, 140, 174, 187, and 188 thereof, And pursuant to the provisions of Law No. 44 dated November 24, 2015, And considering the exceptional circumstances currently experienced by the country, And based on the decision of the Central Bank Council taken in its session held on August 25, 2020, HEREBY DECIDES THE FOLLOWING:
Article 1: Each bank shall conduct a fair valuation of its assets and liabilities to assist it in formulating the plan referred to in Article "Eleven" of Decision No. 6939 dated March 25, 1998, with a view to enabling it, within a limited time frame, to:
Article 2: First: -1) While maintaining the concept of Decision No. 13217 dated April 9, 2020, banks shall, to enhance their liquidity (particularly among their foreign correspondents), encourage clients who transferred an amount exceeding five hundred thousand US dollars or its equivalent in other foreign currencies abroad during the period starting from July 1, 2017 until the date of issuance of this decision (to be deposited in a "Special Account" frozen for eight years), to deposit an amount equivalent to 15% of the transferred value. (Footnote 1: The freezing period of the "Special Account" was amended from "five years" to "eight years" pursuant to Article 1 of Interim Decision No. 13665 dated September 20, 2024 (Interim Circular No. 707).) The concerned bank is exempt from mandatory placement at the Central Bank of Lebanon in foreign currencies against any "Special Account". -2) Banks shall encourage their importer clients to transfer from abroad into a "Special Account" enjoying the same conditions specified in Item (1) of this section, an amount equivalent to 15% of the value of open letters of credit in any one of the following three years: 2017, 2018, or 2019. -3) Interest may be paid on the "Special Account" without being subject to the interest caps specified in Decision No. 13100 dated September 3, 2019.
Second: Item "First" of this Article applies to the chairmen, board members, and major shareholders of banks, as well as to "Senior Executive Management" of banks and politically exposed persons (PEPs) of the banks, whether directly, indirectly, or through companies owned by any of them. The application of Item "Second" shall adopt a 30% ratio instead of 15%. Third: The concerned bank shall primarily utilize this type of deposits to facilitate external operations that stimulate the national economy. Fourth: To ensure the success of the concerned bank's initiative, it shall adopt an appropriate legal framework governing the relationship between the bank and the client to strengthen the latter's confidence in recovering its deposit, regardless of circumstances, upon the agreed maturity. Fifth: Each bank shall provide written explicit notice to the persons specified in this Article and subject to its provisions, confirming such. Furthermore, supervisory commissioners shall promptly respond to all requests for information or clarifications submitted by the Governor of the Central Bank regarding the application and/or correctness of the application of this Article's provisions by the supervised bank.
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Article 3: Each bank shall establish an external account free from any obligations with its foreign correspondents, which at no time shall be less than 3% of the total foreign currency deposits held by it, as of June 30, 2025. Banks found non-compliant with the provisions of the first paragraph of this Article are granted a grace period until June 30, 2026, to regularize their status. (Footnote 1: The latest amendment to this Article was introduced by Interim Decision No. 13741 dated August 14, 2025 (Interim Circular No. 739).)
Included in this ratio:
Article 4: First: Each bank, based on the plan it has formulated and referred to in Article 1 above, and following an individual assessment of its status, shall apply to the Central Bank Council for approval to reconstitute and/or increase its capital, as needed, during the first quarter of 2021, after having complied with all applicable legal provisions and banking regulations. Second: The Central Bank Council shall take its decision in this regard based on mandatory laws and applicable regulatory provisions. Third: Banks shall take the necessary legal and regulatory measures to enable depositors to voluntarily convert their deposits into shares in the bank's capital and/or into "Redeemable, Tradable, and Convertible Perpetual Bonds" which may grant bondholders, at the issuing bank's discretion, the right to exercise a preemptive subscription right in any capital increase, subject to:
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Fourth: The proceeds from selling shares traded on the Stock Exchange and the proceeds from selling "Redeemable, Tradable, and Convertible Perpetual Bonds" may be transferred abroad if the sale is made with new funds, in accordance with Decision No. 13217 dated April 9, 2020. Fifth: Interest may be paid on "Redeemable, Tradable, and Convertible Perpetual Bonds" without being subject to the interest caps specified in regulatory provisions issued by the Central Bank.
Article 5: First: A bank that violates the provisions of this decision or fails to implement it shall be subject to:
Article 6: The supervisory commissioners of each bank, pursuant to Article 187, Paragraph 1 of the Monetary and Banking Law, shall verify the correct application of this decision's provisions. Furthermore, pursuant to the final paragraph of Article 7 of Law No. 44 dated November 24, 2015, they shall promptly notify the President of the Special Investigation Commission regarding details of operations they observe during their duties that they suspect conceal money laundering or terrorist financing.
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Article 7: This decision shall take effect upon its issuance. Article 8: This decision shall be published in the Official Gazette.
Beirut, August 27, 2020 Governor of the Central Bank of Lebanon Riad T. Salamé