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Ashley Alder, Chief Executive Officer of the Hong Kong Securities and Futures Commission, and Chair of the IOSCO Board, said “The adoption of the EMMoU represents a significant milestone for IOSCO because it enhances cross border enforcement cooperation among our members and builds upon the success of the current MMoU. With its expanded powers, the EMMoU will enable IOSCO members to meet the challenges of combating financial misconduct in an increasingly cyber / tech dominated environment.”
Paul Andrews, Secretary General of IOSCO, said: “The Enhanced MMoU marks a turning point in cross-border enforcement cooperation and information sharing among IOSCO members. It raises the standards of enforcement action, making it increasingly difficult for wrongdoers to conduct cross- border misconduct in global securities markets.”
Both the MMOU and the EMMoU provide a mechanism for securities regulators to share essential investigative material, such as beneficial ownership information, and securities and derivatives transaction records, including banking and brokerage records. Both documents also set out specific requirements for the exchange of information, notably ensuring that no domestic banking secrecy laws or regulations prevent the sharing of enforcement information among securities regulators.
The EMMoU, however, provides for additional enforcement powers that IOSCO believes are necessary for continuing to safeguard the integrity and stability of markets, protect investors, and deter misconduct and fraud.
Jean-François Fortin, Executive Director, Enforcement, Autorité des marchés financiers of Quebec, and Chair of the IOSCO Committee on Enforcement and the Exchange of Information, said: “The ACFIT powers will foster greater cross-border enforcement cooperation and assistance among securities regulators, enabling them to respond to the risks and challenges posed by globalisation and advances in technology since 2002. In particular, access to the ‘IT’ powers is important, because so many market abuse investigations rely on subscriber records and traffic data to show the passage of information.”
Securities regulators currently are required to sign the MMoU to become a member of IOSCO. The MMoU will remain in effect as long as any signatories continue to wish to use it. However, the objective is for all MMoU signatories to migrate eventually to the EMMoU.
Of IOSCO’s members that are securities regulators, 112 are signatories to the MMoU. In 2015, signatories made 3,203 requests for information, compared to only 56 requests in 2003.
IOSCO will undertake various initiatives to support the implementation of the EMMoU, including technical assistance programs, political support and an ongoing communication strategy.