The United Kingdom's Financial Services Authority (FSA) is the latest overseas
regulator with which the Cayman Islands Monetary Authority (CIMA) has implemented
a cooperation agreement, it emerged earlier this month.
The memorandum of understanding (MoU) for the exchange of information and investigative
assistance between CIMA and the FSA, the UK's national regulator of financial
services and markets, was signed on February 21st, and announced by CIMA last week. The agreement provides a formal
basis for cooperation between the two authorities.
The MoU is similar to the other 11 agreements in place between CIMA and overseas
financial regulators. It outlines the types of assistance that can be requested
and given by CIMA and the FSA.
This includes: providing, confirming or verifying
information; obtaining specified information and documents from other parties;
discussing issues of mutual interest; questioning or taking testimony of persons
designated by the requesting authority; arranging and/or conducting inspections
of financial services providers; and permitting representatives of the requesting
authority to participate in enquiries by or on behalf of the requested authority.
The MoU also outlines the procedure each regulator will use for making requests,
and explains how requests will be assessed to determine if the required assistance can
be given.
The agreement has provisions for the treatment of confidential information
that each authority may receive under the MoU. Such non-public information can
only be disclosed, the MoU states, "in accordance with disclosures permitted
under its applicable laws, regulations and requirements".
According to CIMA's Managing Director, Cindy Scotland, the agreement represents
a significant development for the Cayman financial services industry.
She announced following the signining of the agreement that: "The
FSA is an important regulator of a major G7 country. We see this MoU as reinforcing
our strong international cooperation regime and further demonstrating our commitment
in this area."
The MoU with the FSA follows the implementation of one with the Office of the
Insurance Commissioner, Washington State, on January 31st.
Other cross-border
agreements exist with financial regulators in Jersey, Canada, Brazil, the US,
the Isle of Man, Bermuda, Jamaica, and Panama. There is also a multi-lateral
MoU in place with eight Caribbean regulators.