See below for a visualization of our case procedure process.
The Foundation for Banking Ethics Enforcement receives the report and sends the reporter a receipt.
Legislation and regulations impose a number of conditions that a report must satisfy before it can be dealt with. This phase and the next one determine whether this is the case.
The report does not satisfy one or more conditions and will not be dealt with. If you are in disagreement with this decision, then it is possible to appeal to the chair of the Ethics Committee.
This is the first question the Prosecutor’s Office will ask itself upon receiving your report. The office will determine whether it thinks this is the case or not, based on all information provided. Bear in mind that the Foundation for Banking Ethics Enforcement was not established to rule on business matters between you and the bank as an organisation.
If your report is determined to be a possible breach of the Banker’s Oath, the Prosecutor’s Office will start a full investigation into the matter. The bank employee and the employer will be informed of the investigation and requested to provide all necessary information regarding the reported incident. Both the sworn individual and the employer are obligated to provide this information. The bank employee is offered the possibility to state his or her side of the case and can have representation if he or she so wishes.
Should the Prosecutor’s Office determine that the sworn individual did not breach the Banker’s Oath and the Code of Conduct, the Office may dismiss the case. Should you disagree with the decision, you can file for a review of the case with the chair of the independent Disciplinary Commission. Should a case be dismissed, you will be informed of this. Information on how to file for a review will be included in the correspondence.
Should the preliminary investigation inform the Prosecutor’s Office that the sworn individual did indeed breach the Banker’s Oath, the Office will offer the bank employee a settlement. This will include a verdict and possibly a sanction. The individual may or may not accept this offer. Should the individual decline, the Prosecutor’s Office will bring the case before the Disciplinary Commission. If the bank employee does agree to a settlement and this includes a sanction, his or her name will be added to our registry for a period of at least 3 years. Most Dutch banks have access to this registry.
The Disciplinary Commission is an independent tribunal. Should the Prosecutor’s Office determine that there is enough evidence to suspect that a bank employee was in breach of the Banker’s Oath and its associated Code of Conduct, the Office may bring the case before the Commission. The Prosecutor’s Office will file a full report with the Commission. The bank employee will then be offered to file for his or her defence. The Commission will then organise a session where both the Prosecutor’s Office and the sworn individual will state their case. The Commission hears both parties and will then deliberate the case. Rulings are provided in writing.
The Appeals Commission is an independent tribunal that deals with appeals against rulings by the Disciplinary Commission. Both the Prosecutor’s Office and the sworn individual may appeal a ruling. The Commission will then organise a session where both the Prosecutor’s Office and the sworn individual will state their case. The Commission hears both parties and will then deliberate the case. Rulings are provided in writing. Rulings by the Appeals Commission are final.