US embassy cable - 05MANAMA1830

S E C R E T MANAMA 001830 
 
SIPDIS 
 
PASS TO EB/ESC/TFS FOR BADKINS, S/CT FOR VNICHOLS, 
EUR/PGI FOR LREASOR, EUR/WE FOR NFETCHKO, NEA/ARPI, 
IO/PSC FOR BFITZGERALD, NSC FOR JZARATE, 
TREASURY FOR DGLASER AND OFAC FOR RWERNER 
 
E.O. 12958: DECL: 12/06/2015 
TAGS: ETTC, KTFN, EFIN, PTER, KSEP, CVIS, KVPR, BA, ECTRD, CTR 
SUBJECT: BMA ISSUES WARNING LETTER TO SHAMIL BANK FOR 
OPENING IIRO ACCOUNT 
 
REF: A. MANAMA 1432 
 
     B. JEDDAH 4965 
 
Classified By: Ambassador William T. Monroe, reasons 1.4 (b) and d). 
 
1. (S) Summary. Ambassador and OFAC Attache met with Bahrain 
Monetary Agency (BMA) Governor November 20, 2005 to discuss 
the International Islamic Relief Organization (IIRO) account 
at Shamil Bank (Ref A).  The BMA Governor stated that the 
IIRO account was ordered closed and Shamil Bank had received 
a warning letter.  The BMA rulebook would be clarified since 
Shamil Bank claimed to interpret the regulations governing 
charitable accounts to only apply to local charities. 
Ambassador stressed the need for strong public action to 
curtail any further violations.  During subsequent 
conversations with a BMA legal advisor, he indicated that 
given this was Shamil Bank's first offense, they were given a 
less stringent punishment.  End Summary. 
 
2. (S) Ambassador and OFAC Attache met with BMA Governor 
Rasheed Al Maraj on November 20, 2005 to discuss the outcome 
of the investigation into the IIRO accounts at Shamil Bank. 
The BMA Governor reiterated that the IIRO account had been 
closed according to BMA instructions and noted that the BMA 
had sent a warning letter to Shamil Bank as a "measured 
response" to the bank's violation.  (Note: Shamil Bank 
Bahrain opened an account for the IIRO despite the 
organization not being a charity registered in Bahrain. 
According to BMA regulations regarding Charity Organizations 
in Bahrain, dated May 3, 2002, "Licensed banks may not open 
an account for charity funds or societies until an original 
certificate authenticated by the Ministry of Social Affairs 
confirming their identities and authorizing them to open an 
account has been obtained."  IRO reported to USG officials 
November 2005 that it had not sent any money overseas in the 
"past six months" (Ref. B), indicating it had ceased using 
the Shamil Bank Bahrain account not later than May 2005.  End 
note.)  Al Maraj reported that during the investigation, 
Shamil Bank defended opening the account of IIRO because they 
interpreted the rule to only apply to local charities and 
IIRO is not a local charity.  The BMA Governor stated that 
Shamil Bank had been advised that this rule applied to all 
charities, local and international, and indicated that the 
rulebook was being changed to reflect this clarification. 
 
3. (C)  Ambassador stressed the importance of strong public 
action, like a public announcement, to ensure that Bahrain,s 
financial sector was fully aware of the clarification.  He 
said it was important for the Bahraini marketing reputation 
that the BMA address any vulnerability in the regulations. 
The Governor said the BMA did not issue a separate circular 
to highlight this change, but he thought the rulebook change 
addressed the problem. 
 
4. (C) BMA legal advisor told Econoff November 28 that 
neither he nor his colleagues had found the bank's excuse 
compelling.  He told Econoff that in issuing a warning letter 
to Shamil Bank, the BMA was not acknowledging any ambiguity 
or shortcoming in the existing rulebook.  However, he 
confirmed that, pursuant to the Governor's November 20 
assurances to the Ambassador, the BMA would revise the 
rulebook to clarify that the regulations in question apply to 
all charities - domestic and international.  The advisor also 
told Econoff that November 30 was Shamil Bank's deadline for 
reporting whether or not a self-audit had revealed any other 
violations.  He said confidentiality guidelines would prevent 
the BMA from sharing these results or the specific findings 
of the BMA,s investigation of Shamil.  He did say he would 
pursue the possibility of providing a substantive summary. 
 
MONROE