Provision of Access to Information

M A N U A L

for alBaraka Bank Tunisia

(Registration Number : B137451996)

1. INTRODUCTION

1.1 THE LAWS :

giving effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information may or must not be released.

1.2 PURPOSE OF THE MANUAL :

This manual is intended to foster a culture of transparency and accountability within the Banking Industry as a whole, by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of Tunisia have effective access to information to enable them to more fully exercise and protect their rights. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies. The laws recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

Limitations aimed at the reasonable protection of privacy;
Commercial confidentiality;
Effective, efficient and good governance;
PART I

2. CONTACT DETAILS & GENERAL INFORMATION

Information Officer: alBaraka Bank Tunisia : Attention Manager Legal Department
Postal address : 88,Avenue Hedi Chaker 1002 Tunis Tunisia
Physical Address : 88,Avenue Hedi Chaker 1002 Tunis Tunisia
Telephone No. : 00216 71 790 000
Fax No. : 00216 71 780 235
E-mail : albaraka@albarakabank.com.tn

PART II

3. RECORDS OF THE BANKING INDUSTRY

This clause serves as a reference to the records that the institution holds in order to facilitate a request in terms of the Act. The information is classified and grouped according to records relating to the following subjects and categories:

It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.

3.1 PERSONNEL RECORDS

3.1.1 Personal records provided by personnel;
3.1.2 Records provided by a third party relating to personnel;
3.1.3 Conditions of employment and other personnel-related contractual and quasi-legal records;
3.1.4 Internal evaluation records and other internal records;
3.1.5 Correspondence relating to personnel;
3.1.6 Training schedules and material;

"Personnel" refers to any person who works for, or provides services to or on behalf of the institution, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the institution. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.

3.2 CUSTOMER RELATED RECORDS

3.2.1 Records provided by a customer to a third party acting for or on behalf of the institution in the banking industry;
3.2.2 Records provided by a third party;
3.2.3 Records generated by or within the institution in the banking industry relating to its customers, including transactional records; A "customer" refers to any natural or juristic entity that receives services from the institution.

3.3 PRIVATE BODY RECORDS

3.3.1 Financial records;
3.3.2 Operational records;
3.3.3 Databases;
3.3.4 Information Technology;
3.3.5 Marketing records;
3.3.6 Internal correspondence;
3.3.7 Product records;
3.3.8 Statutory records;
3.3.9 Internal Policies and Procedures;
3.3.10 Treasury-related records;
3.3.11 Securities and Equities; and
3.3.12 Records held by officials of the institution.

These records include, but are not limited to, the records which pertain to the institution´s own affairs.

3.4. OTHER PARTY RECORDS

3.4.1 Personnel, customer or private body records which are held by another party, as opposed to the records held by the institution itself;
3.4.2 Records held by the institution pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
3.4.3 The institution may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to the institution.

4. RECORDS AVAILABLE WITHOUT HAVING TO REQUEST ACCESS IN TERMS OF THE ACT

4.1 Annual Reports
4.2 Brochures on different modes of financing and investments
4.3 Information on website.

PART III

5. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main grounds for the institution to refuse a request for information relates to the

5.1 mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
5.2 mandatory protection of the commercial information of a third party, if the record contains –
5.2.1 trade secrets of that third party;
5.2.2 financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
5.2.3 information disclosed in confidence by a third party to the institution, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
5.3 mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
5.4 mandatory protection of the safety of individuals and the protection of property;
5.5 mandatory protection of records which would be regarded as privileged in legal proceedings;
5.6 the commercial activities of the institution, which may include –
5.6.1 trade secrets of the institution;
5.6.2 financial, commercial, scientific or technical information which disclosure could likely cause arm to the financial or commercial interests of the institution;
5.6.3 information which, if disclosed could put the institution at a disadvantage in negotiations or commercial competition;
5.6.4 a computer program which is owned by the institution, and which is protected by copyright.
5.7 the research information of the institution or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;

Requests for information that are clearly frivolous or vexation, or which involve an unreasonable diversion of resources shall be refused.

6. REMEDIES AVAILABLE WHEN AN INSTITITION REFUSES A REQUEST FOR INFORMATION

6.1 INTERNAL REMEDIES

The institution does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

6.2 EXTERNAL REMEDIES

A requester that is dissatisfied with an Information Officer´s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.

Likewise, a third party dissatisfied with an Information Officer´s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

7. REQUEST PROCEDURE

7.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
7.2 The requester must complete the prescribed form enclosed herewith in Appendix 1, and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated in 2 above.
7.3 The prescribed form must be filled in with enough particularity to at least enable the Information Officer to identify –
7.3.1 The record or records requested;
7.3.2 The identity of the requester,
7.3.3 Which form of access is required, if the request is granted;
7.3.4 The postal address or fax number of the requester.
7.4 The requester must state that he requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
7.5 The institution will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time period not be complied with.
7.6 The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.
7.7 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer.
7.8 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
7.9 The requester must pay the prescribed fee, before any further processing can take place.

8 ACCESS TO RECORDS HELD BY THE INSTITUTION

8.1 Records held by the institution may be accessed by requests only once the prerequisite requirements for access have been met.
8.2 A requester is any person making a request for access to a record of the institution. There are two types of requesters:
8.2.1 PERSONAL REQUESTER
8.2.1.1. A personal requester is a requester who is seeking access to a record containing personal information about the requester.
8.2.1.2 The institution will voluntarily provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.
8.2.2 OTHER REQUESTER
8.2.2.1 This requester (other than a personal requester) is entitled to request access to information on third parties. However, the institution is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

9 DECISION

9.1 The institution will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
9.2 The 30 day period with which the institution has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of the institution and the information cannot reasonably be obtained within the original 30 day period. The institution will notify the requester in writing should an extension be sought.