Financial Consumer Protection Instructions for Customers with Disabilities No. (18/2018)

In the Name of Allah, the Most Gracious, the Most Merciful

[Logo of the Central Bank of Jordan]

Number: 14966 / 27 / 1440 AH
Date: 8 / 11 / 2018 AD
Corresponding to:

Financial Consumer Protection Instructions for Customers with Disabilities No. (18/2018)

Issued based on Items (13 and 14) of Paragraph (b) of Article (4) and Paragraph (b) of Article (65) of the Central Bank of Jordan Law No. (23) of 1971 and its amendments, and Article (43/c) of the Law of Rights of Persons with Disabilities No. (20) of 2017.

Committed to protecting financial and banking service consumers on the basis of equality among all segments of society without any form of discrimination or diminution of the rights of any of them, and with the aim of deepening financial inclusion in the Kingdom and enabling all segments of society to access financial and banking services, these Instructions were issued to remove all environmental and behavioral barriers that hinder or make difficult the access of customers with disabilities to banking and financial services. This is in accordance with the basic principles of financial consumer protection and international best practices, and on the basis of equality with others in managing their financial affairs with independence, freedom, and complete privacy.

Article (1):
These Instructions are named "Financial Consumer Protection Instructions for Customers with Disabilities" and their provisions apply to all service providers, including banks and non-bank financial institutions (to the extent applicable to them), operating in the Kingdom and subject to the supervision and oversight of the Central Bank of Jordan.

Article (2): Definitions
The words and phrases below shall have the meanings assigned to them wherever they appear in these Instructions, unless the context indicates otherwise:

Customer with a Disability: A person with a disability according to the definition contained in the effective Law of Rights of Persons with Disabilities, who obtains or uses any of the services and/or products provided by the service provider, or wishes to obtain such services and products. The definition excludes persons with psychological or mental disabilities that prevent the ability to make decisions independently.

Service Provider: Banks operating through all their branches and subsidiaries within the Kingdom, and non-bank financial institutions subject to the supervision and oversight of the Central Bank of Jordan.

The Council: The Supreme Council for the Rights of Persons with Disabilities.

Signature: Any form of approved signature chosen by the customer with a disability, which includes a handwritten signature, stamp, electronic fingerprint, finger vein print (Finger Vein Authentication Technology), or eye print.

Accessibility: Preparing and adapting buildings, roads, and facilities available to the public in accordance with the building code requirements for persons with disabilities issued under the provisions of the Jordanian National Building Code and any special standards issued or approved by the Council.

Article (3): Appropriate Design and Presentation of Financial Products and Services for Customers with Disabilities The service provider must establish clear, specific, and written procedures for dealing with customers with disabilities and include this in its general policies and credit policies. The service provider must take into account the specific requirements of customers with disabilities when designing banking and financial products and services. Customers with disabilities must also be included among the target customers in the service provider's policies and work procedures, in accordance with the service provider's general policy.

Article (4): Due Diligence Procedures
First: The service provider must identify the customer with a disability by verifying the customer's identity document and the medical report specifying the type of disability, in accordance with the due diligence procedures stipulated in the effective anti-money laundering and counter-terrorism financing instructions for each service provider.

Second: The service provider must request the certified medical report only once at the beginning of the financial and banking relationship with the customer with a disability. The service provider is prohibited from requesting the medical report for every transaction or financial movement by the customer.

Article (5): Accessibility
To ensure that banking services are provided to customers with disabilities on an equal basis with others, the bank must provide access to and use of the bank building and its facilities in a manner that enables persons with disabilities to access and benefit from the services provided without any difficulties or complexities, as follows:

First: Every bank with (10) branches or more in the Kingdom must provide and equip 10% of its branches in each governorate where it is present, with a minimum of one branch at least; such that it is equipped with appropriate and suitable measures that facilitate access and provide banking services to customers with disabilities, including at least the following:

1. Providing ramps to facilitate access of customers with disabilities to the bank building and use of its various facilities.
2. Providing dedicated parking spaces to receive customers with disabilities.
3. Providing voice-enabled ATMs, under the following conditions:

• They must be at a height suitable for use by customers with disabilities.
• They must allow for the reception and sending of voice services and provide special headphones for that purpose.
• They must be supported by a keypad in Braille or in a way that allows distinguishing numbers.

4. Providing counters at a suitable height for dealing with or serving customers with disabilities separately through independent offices.
5. Providing safe deposit boxes (vaults) in a manner consistent with the needs of persons with disabilities.
6. Providing electronic explanations of banking services provided, for example, Compact Discs (CDs) supplied to the customer with a disability upon request.

Second: A bank with fewer than (10) branches in the Kingdom must equip at least one branch in the Kingdom to provide banking services to customers with disabilities. If the bank is unable to equip the branch for reasons beyond its control, the bank must provide services to customers with disabilities without charging any fees or commissions on services and products, including ATM card commissions, salary transfer commissions, cash withdrawal commissions from the branch, etc.

Third: The bank, when licensing a new branch, must take into consideration, as much as possible, that this branch is prepared to deal with customers with disabilities.

Fourth: The bank has the right to use a mobile bank branch to reach customers with disabilities and provide home services to them if possible.

---

1 The attached appendix to the Instructions contains optional guidelines that banks can follow to provide banking services to customers with disabilities.

Article (6): Conditions for Approving the Signature of a Visually Impaired Customer or an Illiterate Customer with a Disability First: The bank must accept the signature chosen by the visually impaired customer or the illiterate customer who cannot read or write, whether by signature, stamp, electronic fingerprint, finger print, or finger vein print on banking transactions, without requiring a certificate. The customer with a disability is considered to have acknowledged their awareness and knowledge of the content and procedures of the transaction if they sign it by signature, stamp it with their seal, or use an electronic fingerprint, finger print, or finger vein print.

Second: To approve the signature without witnesses in accordance with the provisions of the first paragraph of this Article, the visually impaired customer or the illiterate customer with a disability must sign a declaration attesting to the validity of the signature for approval by the bank only once. This must be done in the presence of two witnesses who are not bank employees. The declaration must include the full name of the customer, their information, their personal photo, and the form of signature they chose, in addition to the full name and complete information of the witnesses.

Third: The customer acknowledges pursuant to the declaration contained in the second paragraph of this Article their understanding of what the declaration contains and the legal and practical consequences thereof, and assumes full responsibility for completing their banking transactions without the presence of witnesses.

Fourth: The presence of witnesses is required only once, and their role is limited to witnessing the validity of the signature in the declaration only, without accessing the customer's banking information and bank accounts.

Fifth: The visually impaired customer or the illiterate customer with a disability has the right to change the form of signature they wish to have approved, provided that it is signed on a new declaration in accordance with the provisions stipulated in the first and second paragraphs of this Article.

Article (7): The service provider must make electronic services accessible to customers with disabilities, which include, but are not limited to, the use of bank cards, online banking services, and the use of banking services via mobile phone applications, among others.

Article (8): Responsible Pricing
First: The service provider must price financial and banking products and services for customers with disabilities on the basis of equality with other customers. It is not permissible to increase costs and/or fees for customers with disabilities as a result of the facilitative measures provided by the bank.

Second: The bank is not permitted to request additional guarantees from customers with disabilities to obtain various credit products due to the disability.

Third: The bank must, as much as possible, allocate a portion of its loan portfolio to finance productive and operational projects for customers with disabilities.

Article (9): Fairness and Transparency in Dealing with Customers with Disabilities First: Advertising and Marketing a. The service provider must include in its marketing policy and advertise the products and services it provides to indicate that customers with disabilities are covered by these products and services and can benefit from them. b. The bank must provide leaflets and booklets specifically for customers with disabilities regarding all its products and services, and use Braille and/or electronic formats, as well as applications using sign language, as much as possible. These leaflets must include detailed information about those products and services, enabling customers with disabilities to compare and choose between those products.

Second: Achieving Fairness in Dealing with Customers with Disabilities a. The service provider is prohibited from excluding or restricting the access of persons with disabilities to any financial and banking services for any reason and under any pretext based on disability or because of it, without a legal justification for that. b. The service provider is prohibited from dealing with customers with disabilities using arbitrary and unfair practices. They must be treated with respect and fairness on the basis of equality with other customers without any discrimination.
c. Customers with disabilities are allowed to appoint agents to manage their bank accounts if they wish, provided that the bank informs the customer of any risks associated with that and the procedures for terminating the agency. The bank must offer assistance to the customer with a disability in filling out the required forms.

Article (10): Protecting Customers with Disabilities from the Risks of Over-Indebtedness The bank must protect customers with disabilities from the risks of over-indebtedness by providing banking services and products based on an assessment of financial solvency and the customers' ability to repay, without exceeding the debt burden ratio specified in the bank's credit policy.

Article (11): Protecting the Data of Customers with Disabilities First: The data collected about the customer with a disability must be documented, correct, and accurate, and must be updated promptly. The customer also has the right to review that data and object to it if it is incorrect.

Second: The service provider must classify the data of customers with disabilities on the screens of the banking system in use, specifying the type of disability of the customer. The bank may also use special codes or assign numbers to the accounts of customers with disabilities to facilitate providing services to them.

Third: All data and information of customers with disabilities are confidential and must not be used or shared with any third party without the customer's prior written consent and in accordance with the provisions of effective legislation.

Fourth: Service providers must inform customers with disabilities about the credit information company and state the service provider's right to provide this company with data related to them and inquire about them in accordance with the provisions of Credit Information Law No. (15) of 2010 and the Credit Information Companies System No. (36) of 2011. The bank must clarify to the customer with a disability their right to obtain their credit report and object to the accuracy of the information contained therein.

Fifth: The bank must document banking transactions conducted by visually and hearing-impaired persons with audio and video and make them available to them at any time.

Sixth: The bank must retain documented banking transactions with persons with disabilities for a period of no less than five years from the date of completing the transaction or ending the relationship, as appropriate. Objections to any of them will not be accepted after this period expires.

Seventh: The service provider must ensure that employees comply with maintaining the confidentiality of the data and information of customers with disabilities and not misuse or disclose that data and information during their employment at the bank/financial institution and even after leaving their employment.

Eighth: The service provider bears the responsibility of providing a suitable environment and secure procedures to protect the data and information related to customers with disabilities. The bank/financial institution must prepare clear work procedures to ensure the protection of their electronic data in accordance with the Central Bank's effective instructions regarding the entry, modification, and access to this data, as well as archiving procedures and the protection of backup systems.

Article (12): Disseminating Financial Culture and Increasing Financial Awareness among Customers with Disabilities First: The service provider must coordinate with the Council, associations, and bodies working in fields related to persons with disabilities, as well as coordinate with the Central Bank of Jordan, to raise awareness among persons with disabilities of their right to use financial and banking services and to educate them about their duties and responsibilities regarding the use of these services.

Second: The service provider must include and prepare its website and social media channels (if any) with awareness-raising content regarding the financial and banking services provided to customers with disabilities and how to obtain them.

Article (13): Evaluating Service Providers' Compliance with the Financial Consumer Protection Instructions for Customers with Disabilities First: The bank must provide the Central Bank with annual statements regarding customers with disabilities in terms of numbers, type of disability, services and products provided to them, and the branches they deal with.

Second: The annual internal audit plan of the service provider must include a review of the procedures for dealing with customers with disabilities as stated in these Instructions and recommend any modifications to those procedures if found necessary.

Article (14): General Provisions
First: The service provider must ensure the training of specialized cadres for effective communication with customers with disabilities to provide them with service easily and conveniently.

Second: When providing service to customers with disabilities, priority should be given to them. In this regard, it is preferable to issue specialized bank cards to facilitate the process of obtaining financial services quickly and effectively.

Third: If the service provider violates any of the provisions of these Instructions, it shall be subject to one or more of the penalties and procedures prescribed by effective legislation.

Fourth: Compliance, as much as possible, with the application of effective laws regarding the employment of persons with disabilities.

Fifth: The provisions of Instructions on Dealing with Customers Fairly and Transparently No. (56/2012), Instructions on Financial Consumer Protection for the Microfinance Sector No. (15/2018), and Instructions on Internal Procedures for Dealing with Complaints of Customers of Financial and Banking Service Providers No. (1/2017) apply to customers with disabilities.

Sixth: These Instructions replace the Instructions on Banking Services Provided by Banks to Persons with Disabilities No. (66/2016) and its amendments, and shall be effective from the date of their issuance, entering into force no later than one year from the date of their issuance.

Governor
Dr. Ziad Fariz

Appendix: Optional Guidelines for Banks to Provide Banking Services to Customers with Disabilities

a- Developing bank websites to suit the use of customers with disabilities, for example, by including audio explanations and sign language videos. b- Expanding the network of branches suitable for use by persons with disabilities and training employees on the principles of dealing with them, and giving them special priority in the waiting area. c- Scheduling a special appointment or conducting a home visit for the customer and providing intensive and specialized assistance to read documents and fill out any requests. d- General guidelines for dealing with customers with disabilities according to the type of disability:

Hearing Disability	Visual Disability	Motor Disability
1. Use of (Text Relay) technology to communicate with customers via smartphones or computers, which converts voice conversation into readable text and vice versa.	1. Providing all leaflets, forms, and bank notices in large print or Braille or in the form of Audio CDs.	1. Making structural modifications such as ramps in all branches as much as possible, and providing power-assisted doors and widening spaces in the main entrance and parking areas.
2. Equipping branches with (Induction Loops) systems, which broadcast wireless magnetic signals picked up by hearing aids used by the hearing impaired.	2. Providing all information and forms displayed on bank websites accompanied by voice reading.	2. Providing low-level counters.
3. Training some bank employees in sign language or appointing specialists in this language to provide assistance. Or providing a (Sign-Video) feature with real-time sign language translation to facilitate communication with customers.	3. All signs and advertisements must be clear, written in large size, and adequately lit.	3. Providing (Assistance Bell) devices to provide assistance.
4. Providing a queue number system that allows displaying the number visually to announce the customer number to be served.	4. Providing readability of bank websites using screen readers and magnifiers.	4. Providing elevators in multi-story branches.
5. Activating Online Banking service.	5. Equipping ATMs with appropriate and clear lighting and providing them with a keypad containing raised and spaced numbers.	5. Placing ATMs in a way that facilitates use by persons with disabilities and considering appropriate height.
6. Activating Mobile Banking service.	6. Installing tactile floor indicators to facilitate the recognition of movement directions for visually impaired persons within the branch.	6. Activating Online Banking service.
	7. Using high-visibility debit cards for those suffering from visual problems.	7. Activating Mobile Banking service.
	8. Activating telephone banking services.
	9. Providing a voice queue system in bank branches to announce the customer number to be served.