Agreement on exchange of information between authorized bodies on regulation of the security markets of state members of EurAsEC

of December 23, 2003

Committee on securities under Council of Ministers of the Republic of Belarus, National Bank of the Republic of Kazakhstan, State commission under the Government of the Kyrgyz Republic on the security market, the Federal Commission for the Securities Market of the Russian Federation, the Agency on securities and foreign investments under the Ministry of Finance of the Republic of Tajikistan which are hereinafter referred to as with the Parties

in view of the increasing internationalization of financial activities, need of strengthening of mutual cooperation and mutual consultations for the purpose of assistance to execution of the assigned tasks;

in view of importance of ensuring compliance and execution of the laws and other regulatory legal acts on the security market in state members of EurAsEC;

expressing intention to reach broad interaction for the purpose of contribution to execution of supervising functions;

agreed as follows:

Article 1

For the purpose of this agreement:

"exchange of information" - the transfer and receipt of information performed between authorized bodies on regulation of the security markets of state members of EurAsEC;

"person" - physical person or legal entity;

"securities" - shares, bonds and other issued securities, shares (shares) in collective investment schemes, and also other securities and financial instruments which are traded on the exchanges or organizers of trade on the securities market and are in the field of regulation of the Parties.

Article 2

1. The parties render each other, according to the legislation of their states, every possible assistance performed by them their control and supervising functions and harmonization of legislations of the state members of EurAsEC regulating activities in the security markets.

According to this Agreement the required Party provides access to the requesting Party which is available at its order of information.

2. In assistance to the Party it can be refused case:

a) if execution of request contradicts the state sovereignty, safety, economic interests of the required Party;

b) if the request or its execution contradicts terms of this agreement;

c) if concerning persons by whom the inquiry is sent criminal case is brought or they are brought to criminal or administrative responsibility according to the legislation of the required Party on the same bases which are specified in request.

In case of information request about particular persons or in case procedural rules do not allow to transfer information on committed offenses, the required Party will take all necessary steps for the purpose of rendering assistance to the requesting Party. In case of availability of obstacles for provision of the relevant information, the Party will hold consultations.

3. On any request about assistance, information will be provided according to the legislation of the state of the required Party.

4. The refusal in assistance does not cancel the right of the Parties to carrying out consultations.

5. The parties without sending an inquiry transfer each other information which is available for them which is considered by other Party, useful to execution of the functions, and for the purpose of, specified in the message accompanying provision of this information. Provisions of this agreement are applied if the Party providing information specifies that she is presented according to this agreement.

Article 3

1. Information exchange according to this agreement is performed in writing, and also in the form of the electronic documents signed by the digital signature according to the legislation of state members of EurAsEC.

2. The request shall contain:

a) the general description of information which is subject of request and the request purpose;

b) if the request will become the basis for investigation of violations of the laws or other regulatory legal acts, the description of the relevant standards which could be broken is provided in request;

c) the list of persons who, according to the requesting Party, can have required information (in the presence of the relevant data at the requesting Party);

d) specifying of desirable date of provision of the answer.

Article 4

1. The required Party provides to the requesting Party information which it has or which she can independently receive according to the laws and other regulatory legal acts applicable to the required Party.

2. Information is transferred to person designated by the required Party.

Article 5

1. The requesting Party will use the acquired information only for the purpose of specified in request, for ensuring execution of the laws and other regulatory legal acts.

2. Information obtained by the Party without preliminary sending an inquiry will be used only for the purpose of, specified in the message accompanying provision of this information or for the purpose of further criminal prosecution.

3. If the requesting Party wishes to use information for the purpose of, 2 these Articles which are not specified in Items 1, but provided by this agreement including transfer of the specified information to other authorized bodies on regulation of the security market, in this case permission of the required Party shall be got.

The required Party can agree to such use of information and establish for this purpose certain conditions, or refuse such use of information.

In case of refusal the Parties hold consultations according to Article 8 of this agreement concerning the bases for such refusal and necessary conditions under which use of information can be authorized.

Article 6

1. Each of the Parties according to the legislation of its state shall observe confidentiality concerning the requests and information provided by this agreement and also concerning content of the requests and any other questions arising in case of implementation of this agreement including consultations between the Parties.

2. In all cases the requesting Party will keep confidentiality received, according to this agreement of information; at the same time, the level of confidentiality cannot be lower than its level in the state of the required Party.

Article 7

The parties will inform each other on any changes of the laws and other regulatory legal acts influencing action of this agreement. The parties can advise each other concerning enhancement of the laws and other regulatory legal acts and permission of any other questions.

Article 8

1. The matters of argument connected with implementation of exchange of information, application and interpretation of this agreement are permitted by negotiations and consultations.

2. Changes and additions are made to this agreement by mutual consent of the Parties and drawn up by protocols which are integral part of this agreement.

Article 9

1. This agreement is applied from signature date.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info