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INTERNATIONAL AGREEMENTS ENDORSED BY THE CVM
BILATERAL AGREEMENTS (MOUS)
MULTILATERAL AGREEMENTS
THE IOSCO MULTILATERAL MEMORANDUM OF UNDERSTANDING
I. BILATERAL AGREEMENTS OR MEMORANDA OF UNDERSTANDING (MOUs) SIGNED WITH THE CVM
Click on the corresponding country or refer to the list below for further information
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MEXICO |
| Regulator: |
Comisión Nacional Bancária y de Valores - CNBV |
| Date of signature: |
November 16th, 1990 |
| Authorities: |
Ary Mattos Filho, Chairman of the CVM Oscar Espinosa Villarreal, Chairman of CNBV |
| Languages: |
Spanish (obs: text not disclosed upon request of CNBV) |
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What is an MOU?
MOU or Memorandum of Understanding in an agreement signed between securities regulators worldwide to promote cooperation and exchange of information. It varies in nature from the interchange of public information (aspects of regulation, data on companies) to the exchange of confidential information for investigative purposes.
The CVM has been making efforts to increase the number of such agreements, as the growth of cross-border securities transactions provokes a growing need to develop ties with authorities elsewhere in order to ensure an adequate level of protection for investors and preserve the integrity of markets.
Legal Base
The following are free translations of the legal texts that empower the CVM to sign the MOUs:
- Constitutional Complimentary Law 105/01:
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2nd Article(...)
Paragraph 4. The Banco Central do Brasil and the Comissão de Valores Mobiliários, may sign agreements, according to their authorities: (...)
II - with central banks or foreign supervisory entities, regardingo:
a) supervising branches and subsidiaries of foreign financial entities, when operating in Brazil, as well as Brazilian branches and subdidiaries of financial institutions functioning abroad;
b) mutual cooperation and exchange of information in order to investigate activities or operations regarding investment, trading, hiding ou transfering of financial assets and securities related to ilicit transactions. |
- Law 6385/76 (as ammended by Law no. 10303/01)
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10th Article. The Comissão de Valores Mobiliários may sign agreements with similar entities in other countries, or with international entities, for assistance and cooperation in the investigations related to the breach of regulations pertaining to the securities market occurring in Brazil and abroad.
Paragraph 1 The Comissão de Valores Mobiliários may refure to provide the assistance refered in the "caput" when there is public interest to be protected.
Paragraph 2 This article applies also to the information that are protected by secrecy under legal provisions. |
- The CVM's By-laws (Portaria MF 327/77)
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10th Article. Pursuant to the dispositions of the Law n. 6.385, of December 7, 1976, THE CVM shall, within its authority:
(...)
VIII - establish relationship with any public or private legal entity, in Brazil or abroad, in order to exchange experience and information, as well as signing agreements. |
The Basic Structure of an MOU:
A Memorandum of Understanding is normally structured in the following way:
- Introduction
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Description of the agencies which are signing the M.O.U. |
- Definitions
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Glossary of terms used |
- Principles
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Basic principles behind the M.O.U. |
- Purpose
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Circumstances in which the M.O.U. may be used |
- Requests for assistance or information
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Formal aspects of a request |
- Unsolicited information
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Exchange of information without a M.O.U. (normally public information) |
- Permitted use of information
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Defines the purposes for which the information will be used |
- Confidentiality
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Prohibition on the disclosure of non-public information to third-parties |
- Costs of investigation and assistance
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Possibility of charging for the costs of obtaining information, when they are substantial |
- Buration
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In normal circumstances, comes into force on signing and is valid for an indefinite period of time |
- Contact persons
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Persons to contact when a request relating to an M.O.U. is made |
Click here for the list of countries with which the CVM has signed MOUs and to obtain the respective texts
II. MULTILATERAL AGREEMENTS ENDORSED BY THE CVM
- Windsor Declaration (1995):
The CVM has signed this Declaration, endorsed by the regulators of 16 countries, responsible for the supervision of the main derivatives markets of the world. These regulators have met in Windsor (United Kingdom), in May 1995 in order to evaluate the consequences of the increasing cross-border activities of the international derivatives markets. As result, the regulators issued the Windsor Declaration, which looks forward to international cooperation and the exchange of information between regulators to improve the standards of regulation and monitoring on futures markets, which in turn can minimize risk and help provide more protection to the investor.
- Boca Raton Declaration (1996):
The CVM has also endorsed the Declaration of Boca Raton (Declaration on cooperation and supervision of international futures markets and clearing organizations). This is a declaration to be considered in parallel with a Memorandum of Understanding signed by more than 50 futures exchanges worldwide, in which the regulators endorse the memorandum, whose purpose is to facilitate and reinforce the exchange of information between the signatories. Regulators from the following countries signed: Australia, Austria, Brazil, Canada, Denmark, Eire, England, France, Germany, Holland, Hong Kong, Hungary, Ireland, Malaysia, Portugal, Singapore, South Africa, Spain, Sweden, and the United States of America.
III. THE IOSCO MULTILATERAL MEMORANDUM OF UNDERSTANDING
- Text of the IOSCO MMoU:
English
Spanish
- List of Signatories to the IOSCO Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange Of Information:
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Member Agency |
Date of Formal Signing |
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Alberta Securities Commission (SC), Alberta |
November 10, 2003 |
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Australian Securities and Investments Commission (ASIC), Australia |
October 8, 2002 |
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Central Bank of Bahrain (CBB), Bahrain, Kingdom of |
February 12, 2008 |
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Banking, Finance And Insurance Commission, Belgium |
April 3, 2005 |
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Bermuda Monetary Authority, Bermuda |
7 June, 2007 |
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British Columbia Securities Commission (BCSC), British Columbia |
November 10, 2003 |
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Financial Services Commission of the British Virgin Islands, British Virgin Islands |
21 May, 2007 |
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China Securities Regulatory Commission, China |
May 29, 2007 |
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Czech National Bank, Czech Republic |
March 29, 2007 |
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Denmark Financial Supervisory Authority (Finanstilsynet), Denmark |
August 17, 2006 |
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Dubai Financial Services Authority (DFSA), Dubai |
July 3, 2006 |
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Financial Supervision Authority, Finland |
November 22, 2007 |
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Autorité des Marchés Financiers, France |
February 19, 2003 |
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Bundesanstalt für Finanzdienstleistungaufsicht (BAFin), Germany |
November 5, 2003 |
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Capital Market Commission (CMC), Greece |
October 18, 2002 |
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Guernsey Financial Services Commission (FSC), Guernsey |
February 25, 2009 |
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Securities and Futures Commission, Hong Kong |
March 3, 2003 |
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Hungarian Financial Supervisory Authority, Hungary |
July 9, 2003 |
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Securities and Exchange Board of India (SEBI), India |
April 22, 2003 |
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Financial Supervision Commission, Isle of Man |
October 21, 2005 |
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Israel Securities Authority (ISA), Israel |
July 2, 2006 |
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Commissione Nazionale per le Società e la Borsa, Italy |
September 15, 2003 |
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Financial Services Agency (FSA), Japan |
February 19, 2008 |
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Jersey Financial Services Commission (FSC), Jersey |
March 6, 2003 |
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Jordan Securities Commission (JSC), Jordan |
February 13, 2008 |
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Capital Markets Authority of the Republic of Kenya (CMA), Kenya |
February 27, 2009 |
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Lithuanian Securities Commission, Lithuania |
July 15, 2003 |
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Commission de surveillance du secteur financier of Luxembourg, Luxembourg |
May 8, 2007 |
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Securities Commission of Malaysia, Malaysia |
May 7, 2007 |
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Malta Financial Services Authority (MFSA), Malta |
March 9, 2006 |
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Comision Nacional Bancaria Y De Valores (CNBV), Mexico |
March 14, 2003 |
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Montenegro Securities Commission (MSC), Montenegro |
February 25, 2009 |
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Conseil Déontologique des Valeurs Mobilières (CDVM), Morocco |
December 10, 2007 |
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The Netherlands Authority for the Financial Markets (AFM), Netherlands, The |
November 22, 2007 |
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Securities Commission of New Zealand (SC), New Zealand |
December 1, 2003 |
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Securities and Exchange Commission of Nigeria (NSEC), Nigeria |
June 8, 2006 |
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The Financial Supervisory Authority of Norway (Kredittilsynet), Norway |
December 11, 2006 |
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Ontario Securities Commission (OSC), Ontario |
October 23, 2002 |
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Polish Securities and Exchange Commission (PSEC), Poland |
November 4, 2003 |
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Comissão do Mercado de Valores Mobiliários (CMVM), Portugal |
November 4, 2002 |
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Autorité des Marchés Financiers, Québec |
December 17, 2002 |
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Romanian National Securities Commission, Romania |
November 04, 2008 |
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Monetary Authority of Singapore, Singapore |
November 17, 2005 |
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The National Bank of Slovakia, Slovak Republic |
June 17, 2004 |
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Financial Services Board (FSB), South Africa |
March 18, 2003 |
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Comisión Nacional del Mercado de Valores (CNMV), Spain |
March 24, 2003 |
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Securities and Exchange Commission, Sri Lanka |
March 31, 2004 |
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Securities and Exchange Commission of Thailand (SEC), Thailand |
June 19, 2008 |
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Capital Markets Board (CMB), Turkey |
November 14, 2002 |
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Financial Services Authority (FSA), United Kingdom |
March 10, 2003 |
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Commodity Futures Trading Commission (CFTC), United States of America |
December 19, 2002 |
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Securities and Exchange Commission (SEC), United States of America |
November 19, 2002 |
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