Page 128 - Annual Report 2020
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/ 123                                                                                                                                                                                                                                                                                                       QF CR A ANNU AL REP OR T 2020





                    11.  Accounts payable and accruals                                                                                                                                                  12.  Financial penalties







                                                                                                                2020 | USD’000                          2019 | USD’000                                                                                                                                  2020 | USD                              2019 | USD



                   Accounts payable                                                                                      481                                    504                                     Financial penalties on FAB (Note i)                                                                     -                                  54,870




                   Accrued expenses                                                                                     4,225                                  5,077                                    Financial penalties on HCW (Note ii)                                                                 8,230                                      -



                   Government appropriations received in advance (Note 2)                                               1,279                                  2,615                                    Financial penalties on TIC (Note iii)                                                                 200                                       -




                   Fees received in advance                                                                             1,170                                  1,283                                    Financial penalties on registered firms                                                                 -                                    499


                   Employees’ end of service benefits (Note 10)                                                            -                                    145                                                                                                                                         8,430                                  55,369




                   Charges recovered (Note i)                                                                            418                                      5


                                                                                                                                                                                                        Under the Financial Services Regulations (FSR),                                            To date, the Regulatory Authority has recovered a
                                                                                                                       7,573                                   9,629
                                                                                                                                                                                                        the  Regulatory Authority has the power to impose                                          total amount of USD 852 thousands (equivalent to
                                                                                                                                                                                                        financial penalties where it considers that a Person                                       QAR 3,100,315) in respect of the Judgment Debt.

                                                                                                                                                                                                        (as defined in the FSR) has contravened a relevant
                   Note (i)
                                                                                                                                                                                                        requirement set out in Article 84 (1) of the FSR.                                          In November 2020, the Regulatory Authority, filed
                   Charges recovered represent the costs of investigation
                                                                                                                                                                                                                                                                                                   its motion in respect of the Judgment Debt in the
                   recovered from registered entities and is to be set off
                                                                                                                                                                                                        Note (i)                                                                                   New York State Supreme Court (the state’s first-
                   against future investigation expenses.
                                                                                                                                                                                                        The  Regulatory Authority imposed a financial penalty                                      instance court of general jurisdiction). If the motion

                                                                                                                                                                                                        of USD 54,870 thousands on First Abu Dhabi Bank                                            for summary judgment succeeds, the Judgment

                                                                                                                                                                                                        P.J.S.C (“FAB”) in August 2019.  The financial penalty                                     Debt will become recognised and enforceable as a
                                                                                                                                                                                                        was due for payment on 4 September 2019. The                                               domestic judgment in New York and can be served

                                                                                                                                                                                                        FSR, article 59 (4) states that “any penalty that is not                                   on banks in New York where FAB holds accounts

                                                                                                                                                                                                        paid within the period stipulated by the Regulatory                                        in order to attach the assets held therein.

                                                                                                                                                                                                        Authority may on application to the Court be

                                                                                                                                                                                                        recovered by the Regulatory Authority as a debt”.



                                                                                                                                                                                                        The Regulatory Authority is entitled to take the steps

                                                                                                                                                                                                        necessary to collect the amount due as a debt. The
                                                                                                                                                                                                        Regulatory Authority filed a debt application on 9

                                                                                                                                                                                                        September 2019 with the QFC Civil and Commercial

                                                                                                                                                                                                        Court (the “Court”) and in February 2020, the court

                                                                                                                                                                                                        issued its judgement declaring the financial penalty

                                                                                                                                                                                                        with interest as a debt payable to, and recoverable by,
                                                                                                                                                                                                        the  Regulatory Authority.  The Regulatory Authority is

                                                                                                                                                                                                        taking the necessary steps to enforce the judgement.



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