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Prudential carve-out



 

1. Each Party may adopt or maintain measures for prudential reasons, such as:

 

(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

 

(b) ensuring the integrity and stability of a Party's financial system.

 

2. These measures shall not be more burdensome than necessary to achieve their aim, and shall not discriminate against financial service suppliers of the other Party in comparison to its own like financial service suppliers.

 

3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual consumers or any confidential or proprietary information in the possession of public entities.

 

4. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service suppliers of the other Party and of financial instruments.


 

EN 91 EN


Article 127

 

Effective and transparent regulation

 

1. Each Party shall make its best endeavours to provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:

 

(a) by means of an official publication; or

 

(b) in other written or electronic form.

 

2. Each Party shall make available to interested persons its requirements for completing applications relating to the supply of financial services.

 

On the request of an applicant, the concerned Party shall inform the applicant of the status of its application. If the concerned Party requires additional information from the applicant, it shall notify the applicant without undue delay.

 

Each Party shall make its best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory. Such internationally agreed standards are, inter alia, the Basel Committee's Core Principle for Effective Banking Supervision, the I nternational Association of Insurance Supervisors' Insurance Core Principles, the International Organisation of Securities Commissions' Objectives and Principles of Securities Regulation, the OECD's Agreement on exchange of information on tax matters the G20 Statement on Transparency and exchange of information for tax purposes and the Financial Action Task Force's Forty Recommendations on Money Laundering and "Nine Special recommendations on Terrorist Financing".

 

The Parties also take note of the Ten Key Principles for Information Exchange promulgated by the Finance Ministers of the G7 Nations, and will take all steps necessary to try to apply them in their bilateral contacts.

 

 

Article 128

 





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