Explanatory guide to DNB's policy statements

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We publish our policy statements related to supervision on the Open Book on Supervision (Open Boek Toezicht – OBT) section of our website. The most common policy statements are supervisory regulations, policy rules, Q&As and Good practices1. These statements all have a different status.

This is summarised in a diagram below. Please consult the enclosed explanatory guide for more information on the status of our most common policy statements. The explanatory guide also explains the policy statements of the European supervisory authorities, as the regulatory framework for many institutions is significantly determined and specified at the European (EU) level. The interpretation of these regulations is therefore mainly up to the relevant European authorities (see Section 5). Where applicable, we take this interpretation into account in our policy statements.

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Type of policy statement Brief explanatory notes Status
Supervisory regulation A DNB regulation based on specific ‘higher’ supervisory laws and regulations. It is a generally binding regulation, which means it is binding on all parties concerned, both DNB and the supervised institutions.
Policy rule

Interpretation of the discretionary power left by the law to DNB, based on the generic power in Section 4:81 of the General Administrative Law Act (Algemene wet bestuursrecht – Awb). Explains how we will specify and apply a certain discretionary power. It does not include binding supervisory standards.

 Section 1(4) of the Awb. In principle binding on DNB, provided that we may deviate from a policy rule in special circumstances. A policy rule is not, as such, binding on supervised institutions, but they can derive from it how we set up our supervision in practice, specifying and applying specific powers.
Q&As

Q&As provide insight into our supervisory practice through the interpretation of regulatory requirements. They do not include binding supervisory standards, but are based solely on the existing legal framework.

 Q&As are our interpretation of regulatory requirements, and indicate how we look at the implementation and application of these requirements. Institutions can comply with laws and regulations by other means. In doing so, they must be able to demonstrate and substantiate that they comply with the laws or regulations.
Good practices Example of an approach to fulfilling the regulatory requirements arising from laws and regulations, possibly observed at one or more institutions, which we believe to be effective. Good practices set out suggestions or recommendations for supervised institutions. Supervised institutions are free to adopt another approach as long as they otherwise comply with the laws and regulations, and are able to demonstrate this on reasoned grounds.
Factsheet Consists of facts only and focuses on existing and available information. Does not contain any new requirements or policies. May refer to other existing policy statements and laws and regulations.

[1] Please note that OBT may contain other types of policy statements in addition to those mentioned in this explanatory guide. This includes, for example, policy statements that we (or one of our precursors) used in the past or that we published in cooperation with other supervisory authorities, such as our DNB Guidance on the Anti-Money Laundering and Anti-Terrorist Financing Act and the Sanctions Act (Leidraad Wwft en Sw). In these exceptional cases, the status of the relevant policy statement will be clearly indicated.

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