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AI Summary of Article 33 International relations including equivalence

The Authority may develop contacts and enter into administrative arrangements with regulatory and supervisory authorities, international organisations and third‑country administrations, provided such arrangements do not create legal obligations for the Union or prevent Member States concluding bilateral or multilateral arrangements. It shall not conclude administrative arrangements with authorities of third countries listed by a delegated act under Article 9 of Directive (EU) 2015/849 as having strategic AML/CFT deficiencies, though other cooperation to reduce threats is permitted. The Authority shall assist the Commission on equivalence decisions when requested or required and shall monitor regulatory, supervisory and market developments in equivalent third countries, verifying continued fulfilment of equivalence criteria and conditions and reporting confidentially to the European Parliament, Council, Commission, the European Banking Authority and the European Insurance and Occupational Pensions Authority.

The Authority may liaise with third‑country authorities and, subject to the restrictions above, cooperate principally via administrative arrangements that include mechanisms to obtain relevant information and procedures for coordinated supervisory activity, including on‑site inspections. It must inform the Commission where a third‑country authority refuses to conclude arrangements or to cooperate effectively. The Authority may develop model administrative arrangements for consistent supervisory practices, and shall include information on arrangements, assistance on equivalence decisions and monitoring in the report referred to in Article 43(5). Within its powers, the Authority shall contribute to a united, common, consistent and effective representation of the Union’s interests in international fora.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2020 - onwards
Version 4 of 4

Article 33 International relations including equivalence

1. Without prejudice to the respective competences of the Member States and the Union institutions, the Authority may develop contacts and enter into administrative arrangements with regulatory and supervisory authorities, international organisations and third-country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral or multilateral arrangements with those third countries.

Where a third country, in accordance with a delegated act, which is in force, adopted by the Commission pursuant to Article 9 of Directive (EU) 2015/849, is on the list of jurisdictions which have strategic deficiencies in their national anti-money laundering and countering the financing of terrorism regimes that pose significant threats to the financial system of the Union, the Authority shall not conclude administrative arrangements with the regulatory and supervisory authorities of that third country. This shall not preclude other forms of cooperation between the Authority and the respective third-country authorities with a view to reduce threats to the financial system of the Union.

2. The Authority shall assist the Commission in preparing equivalence decisions pertaining to regulatory and supervisory regimes in third countries following a specific request for advice from the Commission or where required to do so by the legislative acts referred to in Article 1(2).