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Cooperation agreements involving the ACPR

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)

Signing date
Country/region concernedContractually bound foreign authority
23/03/2021West African StatesBanking Commission of the West African Economic and Monetary Union (WAEMU)
26/05/2020United StatesMemorandum of Understanding on FinTech Cooperation between the Autorité de contrôle prudentiel et de résolution ("ACPR") and the New York State Department of Financial Services ("NYSDFS")
09/07/2019TaiwanCooperation agreement relating to Innovation Functions between the Financial Supervisory Commission, Taiwan, and the Autorité de contrôle prudentiel et de résolution, France
05/07/2019Hong KongMemorandum of Understanding on Financial Innovation – Hong Kong Monetary Authority
11/10/2018South KoreaCooperation agreement on Innovation functions between the Financial Services Commission of the Republic of Korea and the Autorité de contrôle prudentiel et de résolution
14/12/2017MoroccoSupervisory Authority on Insurance and Social Welfare
27/03/2017SingaporeMonetary Authority of Singapore
16/07/2015Mexico (amended)National Banking and Financial Markets Commission of Mexico
08/10/2013VietnamState Bank of Vietnam
22/03/2013
IndiaReserve Bank of India
11/02/2013
SerbiaNational Bank of Serbia
27/09/2011
ComorosCentral Bank of the Comoros
23/07/2011
JerseyJersey Financial Services Commission
13/10/2009
Africa

Inter-African conference on insurance markets (CIMA)

08/07/2009
QatarQatar Financial Centre Regulatory Authority
08/08/2008
DubaiDubai Financial Services Authority
08/08/2008
MontenegroCentral Bank of Montenegro
02/06/2008
MexicoNational Banking and Financial Markets Commission of Mexico
21/05/2007AustraliaAustralian Prudential Regulation Authority
28/04/2006
TaiwanTaiwan Financial Control Commission, R.O.C.
07/03/2006
MoroccoAl-Maghrib Bank
24/03/2005
Chine (People's Republic)Banking Regulatory Commission (BRC)
19/05/2004
United StatedFED – FDIC – OCC
09/07/2002
United StatedNew-York State Banking Department
18/11/2003
GuineaCentral Bank of the Republic of Guinea
18/10/2003
KoreaFinancial Supervisory Commission (FSC)
06/12/2002
SwitzerlandSwiss Federal Banking Commission
25/07/2002
CanadaOffice of the Superintendent of Financial Institutions
21/09/1999
Central AfricaCentral African Banking Commission (COBAC)

 

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 signatureOrganismeObjet
13/11/2019Monetary Authority of Singapore

Cooperation agreement on cyber-security between the Autorité de contrôle Prudentiel et de résolution (« ACPR »), the Banque de France (BDF) and the Monetary Authority of Singapore (« MAS »)

10/01/2019European Central BankMultilateral agreement on the practical modalities for exchanging information pursuant to article 57a(2) of Directive (EU) 2015/849
18/02/2011French Financial Services and Markets Authority (AMF), Commodity Futures Trading CommissionAgreement 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