Cooperation agreements involving the ACPR
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In line with both the rules and recommendations applicable at the level of the European Union (Articles 44 to 52 of Directive 2006/48 of 14 June 2006) and those applicable internationally (Principle 1 of the Core Principles for Effective Banking Supervision issued by the Basel Committee in October 2006, Principle 3 of the Insurance Core Principles issued by the International Association of Insurance Supervisors (IAIS)), the Autorité de contrôle prudentiel et de résolution (ACPR) is authorised to exchange information with counterpart authorities subject to guarantees of professional secrecy that are at least equivalent to the ACPR’s (Articles L.632-7 and L.632-13 of the French Monetary and Financial Code). Accordingly, the ACPR may conclude bilateral agreements with authorities that are not members of the European Union and not parties to the Agreement on the European Economic Area, and it may be a signatory to multilateral agreements with such authorities.
Concerning the counterparts either in EU Member States or parties to the Agreement on the European Economic Area, the ratification of written agreements is not necessary since such exchange of information is already provided for, in Directive 2006/48 for the banking sector, and in Directive 2009/138, also referred to as the "Solvency II Directive", for the insurance sector.
In addition, information may also be exchanged with authorities that are not members of the European Union and not parties to the Agreement on the European Economic Area without a written agreement (Article L.632-15 of the French Monetary and Financial Code).
Lastly, within the framework of the supervision of cross-border groups, the ACPR enters into multilateral agreements with the other competent authorities involved in the supervision of these groups (for the banking sector, these agreements are prepared on the basis of the template agreement published by the European Banking Authority).
Bilateral agreements signed with foreign authorities within States that are not party to the European Economic Area (EEA)
Memoranda of understanding concluded with the authorities of States that are not party to the EEA
Signing date | Contractually bound foreign authority |
|---|---|
| 16/11/2018 | “Exchange of cooperation letters between the Financial Services Agency of Japan and the ACPR on cooperation for innovation in the financial sector (FINTECH)” |
14/03/2017 | “Exchange of cooperation letters” with the Financial Services Agency of Japan |
08/07/2003 | “Exchange of Letters of Intent” with the Central Bank of Lebanon |
16/06/2003 | “Exchange of letters” with the Hong Kong Monetary Authority (HKMA) |
02/11/1999 | “Convention on supervisory cooperation and information exchange” with the Bank of Mauritius |
Multilateral Agreements
| Date de signature | Organisme | Objet |
|---|---|---|
| 13/11/2019 | Monetary Authority of Singapore | |
| 10/01/2019 | European Central Bank | Multilateral agreement on the practical modalities for exchanging information pursuant to article 57a(2) of Directive (EU) 2015/849 |
| 18/02/2011 | French Financial Services and Markets Authority (AMF), Commodity Futures Trading Commission | Agreement concerning the supervision of LCH.Clearnet SA between the US Commodity Futures Trading Commission, the French Financial Markets Authority (AMF) and the ACPR |
OctobER 2009 | International Association of Insurance Supervisors (IAIS) | Multilateral memorandum of understanding on cooperation and information exchange (IAISMMoU) |
JuNE 2008 | Memorandum of undestanding on cooperation between the financial supervisor authorities, central banks and finance ministries of the European Union on cross-border financial stability |
Updated on: 10/17/2024 11:41