of December 23, 2014
About exchange of information, including confidential, in the financial sphere for the purpose of creation of conditions in the financial markets for providing liberalized capital movement
The government of the Republic of Belarus and National Bank of the Republic of Belarus, the Government of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan, the Government of the Russian Federation and the Central bank of the Russian Federation which are hereinafter referred to as with the Parties
based on provisions of article 70 of the Agreement on the Eurasian Economic Union of May 29, 2014,
for the purpose of creation of conditions in the financial markets for providing liberalized capital movement,
declaring the intention to support mutually beneficial cooperation,
realizing importance of accomplishment of recommendations of Basel Committee on Banking Supervision, International settlements bank, Organization for Economic Cooperation and Development (OECD), International association of insurance supervisions, International Organization of Securities Commissions, and also Group of development of financial measures of anti-money laundering (FATF),
sharing the aspiration to provide protection of the rights and legitimate interests of consumers of financial services and investors,
recognizing need of determination of procedure for exchange of information and its use for the purpose of deepening of integration processes in the field of the financial markets, and also ensuring exchange of confidential information between authorized bodies of state members of the Eurasian Economic Union (further - state members) for the purpose of protection of the rights of members of the financial market,
recognizing the approaches and level of protection of confidential information applied by the Parties equivalent and adequate
agreed as follows:
In this agreement concepts which mean the following are used:
"required body" - authorized body of state member to which according to this agreement the inquiry is sent for provision of information;
"the requesting body" - authorized body of state member which according to this agreement sends inquiry for provision of information;
"confidential information" - information which arrives in authorized body of state member is available for it on hand within realization of the powers by it, the state or other equated to it by the legislation state member is not secret (the state secret), access to which is limited and which is considered according to the legislation of state member as confidential;
"the parent (parent) organization" - the legal entity of one state member who directly or indirectly is owning (acquiring) more than 50 percent of voting shares (shares) and (or) having opportunity to exert impact on acceptance of other state member of decisions by the financial organization, or the financial organization of one state member having (creating) branch, representation in the territory of other state member according to the legislation of this other state member;
"the cross-border organization" - the financial organization created (created) in the territory of state member in which the legal entity of other state member directly or indirectly owns (acquires) in more than 50 percent of voting shares (shares) and (or) has opportunity to exert impact on decision making, and (or) the branch, representation created (created) by the financial organization of one state member in the territory of other state member according to the legislation of this other state member;
"authorized body" - the body of state member having according to the legislation of this state member powers on implementation of regulation and (or) supervision and control of the financial market, the financial organizations (certain spheres of the financial market);
"the financial organization" - the legal entity who performs activities for provision of financial services in the financial market according to the legislation of state member;
"financial services" - the services of financial nature including the banking services, insurance services and services relating to insurance, services in the security market;
"financial market" - the market of banking services, the market of the insurance services and services relating to insurance, the security market of state members.
1. Subject of this agreement are the relations arising within interaction of authorized bodies of one state member on exchange of information, including confidential with authorized bodies of other state - the member.
2. Authorized bodies perform exchange of information, including confidential, taking into account the state members of requirements to procedure for its use and distribution established by the legislation.
1. Authorized bodies provide access to stipulated in Item 2 these Articles of information: in quarter - no later than 60 calendar days following reporting quarter following the results of year - no later than 120 calendar days following after accounting year on the official sites in information and communication network "Internet" (further - the official sites) in the specially allotted Section.
2. The following information on condition of the financial market and activities of the financial organizations is posted on the official sites of authorized bodies (on each of state members):
1) projects of the regulatory legal acts raising the questions of activities of the financial organizations and rendering financial services if such projects reveal to the unrestricted group of people according to the legislation of state member;
2) general information about the financial organizations and the registered cross-border organizations of state member which includes the following data:
relevant financial market; names of the cross-border organizations;
type and date of issue of permissions and (or) licenses (certificates on state registration);
3) in the field of banking services:
assets of banks in general, including cross-border organizations; obligations of banks in general, including cross-border organizations;
equity of banks in general, including cross-border organizations;
4) in the field of insurance services:
total assets of insurance companies in general on the market, including the cross-border organizations;
equity of insurance companies in general on the market, including the cross-border organizations;
insurance reserves of insurance companies in general on the market, including the cross-border organizations;
insurance premiums of insurance companies in general on the market, including the cross-border organizations;
insurance payments of insurance companies in general on the market, including the cross-border organizations;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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