Proper surveillance of cross-border market professionals
and regulated firms is critical to the maintenance of the integrity
of securities markets. Worthy of particular attention is the growing
multi-national nature of investment management services. The internationalization
of the securities markets has had a significant impact on the
provision of investment management services. Both individual and
institutional investors have an increasing demand for investment
advisers with expertise in foreign securities markets and these
investors increasingly look to local firms to advise them with
respect to investing in those markets. As a result, many such
investment management firms have developed relationships with
clients resident in several countries.
In the United States, for example, there are currently
284 investment advisers registered with the U.S. Securities and
Exchange Commission (the "Commission") that are located
outside of the United States, including approximately 53 located
in the jurisdictions of other COSRA members. In addition, there
are currently 19 investment companies registered with the Commission
that primarily invest their assets in other COSRA member countries.
These investment companies have approximately $2.2 billion in
total assets. As is the case in the United States, these investment
companies are important sources of capital for the markets in
which they invest.
As the desire and capacity for providing cross-border
services has increased, so has the desire to ensure that investment
management firms are acting properly in performing their duties.
While investor interest in specialized advisory services and foreign
markets is at an all time high, the continued interest in and
demand for these services will depend largely on the continued
integrity of the industry. By sharing information and assisting
each other with oversight responsibilities, COSRA members can
work to ensure that multinational firms maintain high ethical
standards that generate and support investor confidence in each
COSRA member market. Continued investor confidence, in turn, will
help to ensure that member countries can continue to attract foreign
investors to their markets and services.
The proliferation of investment management firms
that provide cross-border services has increased significantly
the need for cooperation among regulatory authorities, as it is
nearly impossible for a single regulator to supervise adequately
a firm that conducts business in more than one country. Multinational
operations and activities necessarily invoke the jurisdiction
of multiple regulators who may not always have complete information
about or access to a firm's operations in other countries. Incomplete
authority over regulated firms and the difficulties posed by cross-border
supervision can create an environment where unethical activities
can occur without detection. COSRA members can address these concerns
by sharing information and assisting each other with supervisory
functions.
Further, providing mutual assistance in the supervision
of investment management firms is a vital element in ensuring
that COSRA's goals are met. It would be nearly impossible without
coordination among COSRA members, for example, to ensure that
investment companies and investment advisers that conduct business
across borders do so in an ethical manner.
In addition, assisting each other with oversight responsibilities would foster the integrity of the markets for investment management services, and thereby maintain investor confidence in those markets. Maintaining market integrity in this fashion should serve to stimulate investment in COSRA member countries. Furthermore, developing a framework for supervisory cooperation also could lead to opening a dialogue among member nations for mutual recognition of investment management regulatory systems, thus removing barriers that may impede cross-border investment and market development. Mutual assistance and cooperation also would serve to solidify linkages among the markets for investment management services, which could improve liquidity and enhance access to the markets in member countries.
All procedures developed would be consistent with
each country's laws governing the activity of the regulatory authority.
This framework would enable COSRA members to provide and receive
assistance in monitoring the conduct of Multinational investment
management firms and persons associated with those firms consistent
with each member's laws and applicable regulations.
1. INFORMATION SHARING
Each member country shall, consistent with its laws, cooperate in sharing and providing information in its possession regarding investment management firms operating in the securities markets.
Each member shall cooperate with other members in
sharing information in its possession with respect to its investment
management market. Such cooperation shall include providing information
upon request with respect to a member's regulatory structure and
market characteristics. Such cooperation also shall include providing
information about investment management firms that are or may
be subject to the jurisdiction of more than one member. Members
shall also provide information about entities related to the investment
management industry, including administrators, custodians, and
stock exchanges. In carrying out this principle, members may consider
the need for developing procedures for sharing and exchanging
this information.
2. ACCESS TO REGULATED FIRMS
Each member, consistent with its laws, shall assist any other member upon reasonable request in obtaining information from or access to investment management firms that are subject to both members' jurisdiction.
Within their legal powers, members shall assist
each other in obtaining information from investment management
firms that are or may be subject to the jurisdiction of more than
one member. Each member, and in particular the regulatory authority
of the investment management firm's home country, shall assist
other members who share jurisdiction in obtaining access to the
records and personnel of the investment management firm. Each
member, consistent with its laws, shall assist other members in
obtaining access to the premises and personnel of investment management
firms and related entities, including administrators, custodians
and stock exchanges.
3. JOINT SUPERVISION
Consistent with the laws and regulations governing
the activities of the regulatory authority, members shall work
together in conducting joint supervisory activities with respect
to investment management firms subject to their jurisdiction.
To the extent consistent with their laws and regulations,
members shall work together on supervisory activities involving
investment management firms that are or may be subject to the
jurisdiction of more than one member. Such supervisory activities
shall include joint efforts to obtain and analyze information
from an investment management firm, and joint inspections of investment
management firms.