إليك النص بالكامل .. مع الأسف بالإنجليزي:
Section 9 : Administrative Penalties
Article 85
1- If a bank violates the provisions of this Law or the decisions and instructions issued in pursuance thereof, or the provisions of its Articles of Association, or fails to submit the documents, statements or information which it is required to submit to the Central Bank, or submits statements discrepant with facts, the following penalties may be imposed:
a) Warning.
b) impose financial penalties that are commensurate with the graveness of the violation, and do not exceed fifty thousand Dinars.
c) temporarily suspend some or all operations usually carried out by the Central Bank with banks.
d) prohibit the bank from carrying out certain operations, or imposing any other limitations on its business.
e) request the removal or replacement of the employee responsible for the violation, if that employee is among those in charge of the main sectors of the bank’s activity.
f) Consider the member of the bank’s Board of Directors, which is responsible for the violation, unfit for the Board membership.
g) Appoint a temporary controller to supervise the progress of work at the bank. The powers and competences of that controller shall be determined by the Board of Directors of the Central Bank.
h) Dissolve the bank’s Board of Directors and appoint a commissioner to manage the bank until the election of a new Board.
i) deleting from the Register of Banks.
2- The penalties provided for in paragraphs (a) and (c) shall be imposed by a decision of the Governor. The penalties provided for in paragraphs (b), (d), (e), (f), (g) and (h) shall be imposed by a decision of the Board of Directors of the Central Bank. The penalty provided for in paragraph (i) shall be imposed by a decision of the Minister of Finance, after the approval of the Board of Directors of the Central Bank, and after perusal of the concerned bank’s explanation in this regard.
Unless involving a third party’s rights, any money achieved by the violating bank as a result of the committed violations, shall become the property of the Public Treasury. Furthermore, all financial gains achieved by a member of the bank’s Board of Directors, or the bank’s employee, as a result of committed violations shall become the property of the Public Treasury. The Board of Directors of the Central Bank of Kuwait lays down the rules and principles to be applied in determining the amounts that shall become the property of Public Treasury.
3- Members of Board of Directors, the officer in charge of the Executive Staff, General Managers, Deputies or Assistants thereof, Sector Managers, and Branch Managers of the violating bank shall –all within their respective competences- be responsible for deliberately committing any act that resulted in the bank’s violation of this Law and the decisions and instructions issued in pursuance thereof or the provisions of the bank’s Articles of Association, or for failing to submit the documents, statements or information which it is required to submit to the Central Bank, or for submitting statements discrepant with facts.
The person responsible for the violation shall bear all ensuing damages to the bank, its shareholders or third parties, as a result of the violation.
Article (85 bis)
Except for cases allowed by the law, any member of the bank’s Board of Directors, or bank manager or employee or worker, shall not disclose any information –during the period of his employment or after leaving work at the bank- regarding the affairs of the bank or its customers, or other banks’ affairs, which he may have become aware of due to the activities inherent in his position.
Without prejudice to any severer punishment under any other law, anyone who violates the prohibition mentioned in the previous paragraph shall be liable to imprisonment for a term not exceeding three months and the payment of a fine not exceeding two hundred and twenty five Dinars, or to either of these punishments, plus dismissal from the service.
