2008-01-01 SEC Press press_release 9 KB 4,643 chars

Press Release: SEC, Australian Authorities Sign Mutual Recognition Agreement; 2008-182; Aug. 25, 2008

Release
2008-182
summary

The SEC and Australian authorities signed a mutual recognition agreement on August 25, 2008, to streamline cross-border market access for regulated exchanges and broker-dealers, enhancing investor access and enforcement cooperation without any fraud, charges, or penalties.

paragraph

On August 25, 2008, the U.S. Securities and Exchange Commission (SEC), the Australian government, and ASIC signed a mutual recognition arrangement to reduce regulatory duplication for eligible U.S. and Australian stock exchanges and broker-dealers operating across borders. The agreement allows these entities to serve investors in each other’s markets under their home-country regulation, subject to conditions imposed by the host jurisdiction, while preserving investor protections and retaining full jurisdiction over anti-fraud enforcement. No financial penalties or charges were involved; the outcome is a cooperative regulatory framework expected to be implemented by early 2009, supported by new supervisory and enforcement MOUs.

narrative

On August 25, 2008, the U.S. Securities and Exchange Commission (SEC), the Australian government, and the Australian Securities and Investments Commission (ASIC) signed a mutual recognition arrangement to facilitate cross-border operations of regulated exchanges and broker-dealers between the two countries. The framework permits eligible U.S. entities to offer services to Australian wholesale investors without full ASIC regulation, and eligible Australian entities to serve certain U.S. investors without full SEC regulation, provided they comply with conditions set by the host authority. This initiative aims to enhance investor access to each other’s capital markets, reduce redundant compliance burdens, and promote the freer flow of capital while maintaining strong investor protections. An integral component of the agreement is the establishment of an Enhanced Enforcement Memorandum of Understanding and a new Supervisory MOU, which significantly strengthen cooperation in enforcement and supervision across all market activities, not just those under the mutual recognition arrangement. Both agencies explicitly retained full jurisdiction to pursue violations of their respective anti-fraud laws, ensuring that regulatory exemptions do not compromise market integrity. The arrangement was described as a pilot for building cross-border regulatory infrastructure in response to growing globalization of securities markets and increasing U.S. investor interest in foreign securities. Implementation of regulatory exemptions under the agreement was expected to begin in early 2009 following review of initial applications by both agencies.

Enriched metadata

Scheme
non-corporate (100%)
Classified non-corporate(confidence 100%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
ethiopis tafaramutual recognition agreementmutual recognition arrangementsec and australian authoritiessec chairman christopher coxsec chairman coxSecurities and Exchange Commission
Keywords
mutual recognitionsecaustralianrecognition arrangementmutualrecognitionarrangementasicaustralian authoritiesauthoritiesrecognition agreementchairmanregulatoryinvestorsmarkets

Exhibits & Attached Documents (3)

Extracted insights

Entities 7
  • person ethiopis tafara
  • person mutual recognition agreement
  • person mutual recognition arrangement
  • agency sec and australian authorities
  • agency sec chairman christopher cox
  • agency sec chairman cox
  • agency Securities and Exchange Commission
Triples 12
  • SEC Sign Mutual Recognition Agreement
  • ASIC Chairman Tony D'Aloisio Exhibit Mutual Recognition Agreement
  • SEC Chairman Christopher Cox Enter Into Mutual Recognition Arrangement
  • SEC Provide Framework for Regulatory Exemptions
  • SEC Chairman Cox Say Today's signing marks a significant milestone in our partnership with Australia
  • ASIC Chairman D'Aloisio Welcome Opportunity to be included in the first mutual recognition arrangement with the SEC
  • SEC and Australian Authorities Agree To Consider Providing Exemptions to Exchanges and Securities Brokers
  • SEC Permit U.S. Stock Exchanges and Broker-Dealers to Offer Services to Australian Wholesale Investors
  • ASIC Permit Australian Stock Exchanges and Broker-Dealers to Offer Services to Certain Types of U.S. Investors
  • Chairman D'Aloisio Note This will give both Australian and U.S. investors easier and more competitive access to each other's markets
  • Ethiopis Tafara Add The SEC-Australia mutual recognition arrangement recognizes this investor interest and serves as a pilot exercise in building a cross-border regulatory infrastructure
  • Mutual Recognition Arrangement Include Enhanced Enforcement Memorandum of Understanding (MOU) and a new Supervisory MOU
PDF (from attached: pdf)
Text layers
Extracted body text (4,643c)
SEC, Australian Authorities Sign Mutual Recognition Agreement FOR IMMEDIATE RELEASE 2008-182 Video: News Conference ASIC Chairman Tony D'Aloisio, Senator Nick Sherry, and SEC Chairman Christopher Cox exhibit their mutual recognition agreement at a Washington D.C. news conference. WindowsMedia RealMedia WindowsMedia captioned RealMedia captioned Photo for Print Publications Washington, D.C., Aug. 25, 2008 — Securities and Exchange Commission Chairman Christopher Cox, the Australian Minister for Superannuation and Corporate Law — Senator Nick Sherry, and Australian Securities and Investments Commission (ASIC) Chairman Tony D'Aloisio today entered into a mutual recognition arrangement between the SEC, the Australian government, and ASIC. The mutual recognition arrangement provides a framework for the SEC, the Australian government, and ASIC to consider regulatory exemptions that would permit U.S. and eligible Australian stock exchanges and broker-dealers to operate in both jurisdictions, without the need for these entities (in certain aspects) to be separately regulated in both countries. SEC Chairman Cox said, "Today's signing marks a significant milestone in our partnership with Australia to reduce the barriers that U.S. and Australian investors now face in investing in each other's markets. The framework we are establishing is designed to ensure that the significant protections afforded to investors under each nation's regulatory system are maintained and enhanced. An important part of this arrangement is strengthening the ability of the SEC and ASIC to cooperate with each other in our enforcement and supervisory efforts, thereby enhancing the integrity of both our markets." ASIC Chairman D'Aloisio said, "ASIC welcomes this opportunity to be included in the first mutual recognition arrangement with the SEC and looks forward to strengthening the connections between the USA's and Australia's capital markets. This arrangement reflects the importance of promoting the freer flow of capital in providing wider investment opportunities for Americans and Australians where sound market integrity and investor protection regulatory regimes are in place." Through this mutual recognition arrangement, the SEC and the Australian authorities agree to consider providing exemptions to exchanges and securities brokers in one another's countries. Once implemented, these exemptions could permit U.S. stock exchanges and broker-dealers regulated by the SEC, subject to conditions imposed by the Australian authorities, to offer their services to Australian wholesale investors and financial firms without being subject to most ASIC regulation. Likewise, eligible Australian stock exchanges and broker-dealers regulated by ASIC, subject to conditions imposed by the SEC, could offer their services to certain types of U.S. investors and firms without being subject to most SEC regulation. Chairman D'Aloisio also noted, "This will give both Australian and U.S. investors easier and more competitive access to each other's markets, and will offer Australian market participants and U.S. broker-dealers new ways of doing business with clients in each other's markets." Ethiopis Tafara, Director of the SEC's Office of International Affairs, added, "Over the past several years and continuing to this day, there has been increased interest by U.S. investors in foreign securities. The SEC-Australia mutual recognition arrangement recognizes this investor interest and serves as a pilot exercise in building a cross-border regulatory infrastructure to address the increasing globalization of our securities markets." An integral component of the mutual recognition arrangement is an Enhanced Enforcement Memorandum of Understanding (MOU) and a new Supervisory MOU that will allow for considerably greater regulatory and enforcement cooperation and coordination between the SEC and ASIC. These MOUs will apply broadly to all U.S. and Australian market activity and not just those related to the mutual recognition arrangement. Under the arrangement, both the SEC and ASIC will retain jurisdiction to pursue violations of their respective anti-fraud laws and regulations. Following today's signing of the mutual recognition arrangement, the SEC and Australian authorities will begin considering regulatory exemptions under the arrangement as they are submitted to the two agencies. It is expected that the process of considering the initial applications for exemptions for approval by the authorities could be concluded in early 2009. # # # http://www.sec.gov/news/press/2008/2008-182.htm Home | Previous Page Modified: 08/25/2008
OCR text (4,643c · plain-text · 99% conf)
SEC, Australian Authorities Sign Mutual Recognition Agreement FOR IMMEDIATE RELEASE 2008-182 Video: News Conference ASIC Chairman Tony D'Aloisio, Senator Nick Sherry, and SEC Chairman Christopher Cox exhibit their mutual recognition agreement at a Washington D.C. news conference. WindowsMedia RealMedia WindowsMedia captioned RealMedia captioned Photo for Print Publications Washington, D.C., Aug. 25, 2008 — Securities and Exchange Commission Chairman Christopher Cox, the Australian Minister for Superannuation and Corporate Law — Senator Nick Sherry, and Australian Securities and Investments Commission (ASIC) Chairman Tony D'Aloisio today entered into a mutual recognition arrangement between the SEC, the Australian government, and ASIC. The mutual recognition arrangement provides a framework for the SEC, the Australian government, and ASIC to consider regulatory exemptions that would permit U.S. and eligible Australian stock exchanges and broker-dealers to operate in both jurisdictions, without the need for these entities (in certain aspects) to be separately regulated in both countries. SEC Chairman Cox said, "Today's signing marks a significant milestone in our partnership with Australia to reduce the barriers that U.S. and Australian investors now face in investing in each other's markets. The framework we are establishing is designed to ensure that the significant protections afforded to investors under each nation's regulatory system are maintained and enhanced. An important part of this arrangement is strengthening the ability of the SEC and ASIC to cooperate with each other in our enforcement and supervisory efforts, thereby enhancing the integrity of both our markets." ASIC Chairman D'Aloisio said, "ASIC welcomes this opportunity to be included in the first mutual recognition arrangement with the SEC and looks forward to strengthening the connections between the USA's and Australia's capital markets. This arrangement reflects the importance of promoting the freer flow of capital in providing wider investment opportunities for Americans and Australians where sound market integrity and investor protection regulatory regimes are in place." Through this mutual recognition arrangement, the SEC and the Australian authorities agree to consider providing exemptions to exchanges and securities brokers in one another's countries. Once implemented, these exemptions could permit U.S. stock exchanges and broker-dealers regulated by the SEC, subject to conditions imposed by the Australian authorities, to offer their services to Australian wholesale investors and financial firms without being subject to most ASIC regulation. Likewise, eligible Australian stock exchanges and broker-dealers regulated by ASIC, subject to conditions imposed by the SEC, could offer their services to certain types of U.S. investors and firms without being subject to most SEC regulation. Chairman D'Aloisio also noted, "This will give both Australian and U.S. investors easier and more competitive access to each other's markets, and will offer Australian market participants and U.S. broker-dealers new ways of doing business with clients in each other's markets." Ethiopis Tafara, Director of the SEC's Office of International Affairs, added, "Over the past several years and continuing to this day, there has been increased interest by U.S. investors in foreign securities. The SEC-Australia mutual recognition arrangement recognizes this investor interest and serves as a pilot exercise in building a cross-border regulatory infrastructure to address the increasing globalization of our securities markets." An integral component of the mutual recognition arrangement is an Enhanced Enforcement Memorandum of Understanding (MOU) and a new Supervisory MOU that will allow for considerably greater regulatory and enforcement cooperation and coordination between the SEC and ASIC. These MOUs will apply broadly to all U.S. and Australian market activity and not just those related to the mutual recognition arrangement. Under the arrangement, both the SEC and ASIC will retain jurisdiction to pursue violations of their respective anti-fraud laws and regulations. Following today's signing of the mutual recognition arrangement, the SEC and Australian authorities will begin considering regulatory exemptions under the arrangement as they are submitted to the two agencies. It is expected that the process of considering the initial applications for exemptions for approval by the authorities could be concluded in early 2009. # # # http://www.sec.gov/news/press/2008/2008-182.htm Home | Previous Page Modified: 08/25/2008