Common use of General Framework Clause in Contracts

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of Resolution of Firms in the United States and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad hoc consultations between them, both during normal business- as-usual circumstances and during periods of financial stress. As the condition of a Firm deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution rules and equal conditions of resolution financing across Participating Member States under a centralized power of resolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article 7(3) and 31(1) of the SRM Regulation, the SRB shall receive from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDIC’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authority, and is the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8) of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8))). Its role, so far as is relevant to this CA, is limited to the planning and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to the role of the FDIC as described in this paragraph. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of Firms, in conducting cooperative analyses of the challenges in the Resolution of such Firms, and in contingency planning for such challenges and Resolutions. 6. This CA does not create any legally binding obligations, confer any rights, modify or supersede any domestic laws, or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 7. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 8. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 9. This CA does not limit an Authority to taking solely those measures described herein in fulfillment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 10. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 11. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC and SRB work together. 12. Managing a crisis involving the cross-border activities of a Firm is a matter of common interest for the United States and the European Banking Union. The successful management and Resolution of a crisis involving a Firm with significant cross-border activities in the United States and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of Firms, crisis management, recovery and Resolution strategies. 13. Arrangements and tools for cross-border resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution regime arrangements and cooperation between the Authorities and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 14. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States and the European Banking Union. 15. The Authorities recognize the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014.

Appears in 3 contracts

Samples: Cooperation Arrangement, Cooperation Arrangement, Cooperation Arrangement

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General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of the Resolution of Firms Entities in the United States Serbia and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall will receive from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICNBS’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC NBS informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authorityNBS is, and is according to the Law on Banks, responsible, among other, for the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8) planning, assessment of resolvability, determination of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8))). Its roleminimum requirement for own funds and eligible liabilities, so far as is relevant to this CAdetermining whether conditions for initiating Resolution have been met, is limited to the planning ensuring independent, fair and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to the role realistic valuation of the FDIC as described in this paragraphbank’s assets and liabilities, deciding on the initiation of resolution procedure, deciding on the application of Resolution tools and activities, conducting Resolution procedure and determining whether Resolution procedure has been successful or not. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA CA, should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC NBS and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Serbia and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-cross- border activities in the United States Serbia and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Serbia and the European Banking Union. 15. The Authorities recognize the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014.the

Appears in 2 contracts

Samples: Cooperation Arrangement, Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the preparation for and implementation of the Resolution of Firms Entities in the United States Kingdom and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICBank of England’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC Bank of England informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authority, and Bank of England is the central bank for the United Kingdom. Among its responsibilities and objectives, the Bank of England has a statutory responsibility to protect and enhance the stability of the financial system of the United Kingdom. The Bank of England’s role is focused on the stability of the overall financial system. The Bank of England is also the resolution authority for various financial institutions, including banks, in the United Kingdom. It is responsible for the operation of the special resolution regime (SRR) under the Banking Xxx 0000 and the Bank Recovery and Resolution Authority for insured depository institutions and covered financial companies (No. 2) Order 2014 (as defined in Section 201(a)(8may be amended, restated, supplemented or otherwise modified from time to time), including resolution planning, assessing the resolvability of Entities and groups within its jurisdiction and (once the conditions for invoking the SRR are satisfied) deciding whether and which SRR tools to use and overseeing their operation (with the exception of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8))power to take an Entity into temporary public ownership, which HM Treasury may exercise). Its roleIn its capacity as the Prudential Regulation Authority (PRA) the Bank of England is also responsible for the authorisation and prudential supervision of individual deposit takers, so far as is relevant to insurers and certain designated investment firms. For the purposes of this CA, the Bank of England’s role is limited to the planning and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to the role of the FDIC its capacity as described in this paragraphUK resolution authority. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. This CA is based on the principles of reciprocity and proportionality. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. Finally, this CA does not constitute waivers of immunity or privilege. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. FirmEntity-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; agreements, nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC Bank of England and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Kingdom and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-border activities in the United States Kingdom and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Kingdom and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. 17. The Authorities acknowledge that the Authority establishing or which has established a Crisis Management Group will define its composition in line with the FSB’s standards and guidelines. It will promptly consider a membership request from the other Authority in good faith and consistent with such FSB’s standards, in particular taking into consideration the criterion of materiality of the entity hosted by the requesting Authority to the resolution of the group. The Authority that established resolution venues, such as resolution colleges, structured meetings or other fora, will consider a membership request received from the other Authority in good faith and consistent with the applicable legal framework.

Appears in 2 contracts

Samples: Cooperation Arrangement, Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of the Resolution of Firms Entities in the United States Albania and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities Entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities Entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive receives from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICBank of Albania’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC Bank of Albania informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authority, and Bank of Albania is the central bank of Albania. According to Article 12 of the Law 8269/1997 on the Bank of Albania, the Bank of Albania is exclusively responsible for the licensing and supervision of all Entities in Albania. According to Articles 2 and 71(1) of the Law 9662/2006 on the Banks in the Republic of Albania and Article 6 of the Law 133/2016, Bank of Albania is the Supervisory and Resolution Authority for insured depository institutions Entities, banks, branches of foreign banks operating in Albania and covered financial companies (as defined in Section 201(a)(8) the branches of the Xxxxbanks licensed by the Bank of Albania operating outside the territory of Albania. The Supervisory and Resolution functions are exercised through two different organisational units within the Bank of Albania, which have different reporting and dependence lines, by ensuring their independence in the respective decision-Xxxxx Act (12 U.S.C. § 5381(a)(8)))making process. Its role, so far as is relevant Article 70 of the Law 133/2016 provides that the Bank of Albania has the right to this CA, is limited to the planning and implementation enter into cooperation arrangements with Resolution authorities of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator another country or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant international authorities, which are responsible for the Resolution of an Entity, which is part of a banking group or a financial group that operates in some instances are Albania, or vice versa, in order to establish the primary sources scope and manner of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions carrying out the Resolution in case of this CA shall be interpreted having regard to the role of the FDIC as described in this paragrapha cross-border group Resolution. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment fulfilment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC Bank of Albania and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Albania and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-cross- border activities in the United States Albania and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of Firms, crisis management, recovery and Resolution strategies.ex 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Albania and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they may jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. 17. The Authorities recognise the importance of close and effective communication concerning the global operations of Entities, and intend to consult regularly regarding general Resolution developments, including the sharing of all relevant information, including, to the extent permitted by applicable law and not contrary to public policy, Entity-developed recovery plans and agency-developed Resolution plans pertaining to the group as a whole or to individual subsidiaries where plans of subsidiaries exist, and issues relevant to the operations, activities, and regulation of such Entities. Furthermore, the Authorities will seek to enhance cooperation in the analysis of Entities’ Resolution issues, planning for potential Resolution scenarios, and appropriate simulations, contingency planning or other work designed to improve preparations of the Authorities for managing and resolving crises involving Entities. 18. The Authorities will also work with Other Governmental Entities and with Entities themselves in developing Resolution plans and strategies for Entities and in ensuring that such plans and strategies remain current. To the extent possible, in respect of any confidentiality and other restrictions, the Authorities intend to: (i) discuss approaches to Resolution planning; (ii) share ideas and strategies; and (iii) facilitate mutual understanding of Resolution plan rulemaking, rules, practice and implementation in each other’s jurisdiction. 19. To the extent practicable and as appropriate in the particular circumstances, including the status of efforts to address any difficulties experienced by an Entity, each Authority will endeavour to inform the other Authority: (i) of any intended or conducted regulatory changes relating to Resolution regimes and which may have a significant, material impact on the operations or activities of an Entity in the other jurisdiction; and (ii) of the respective statutory and other legal requirements, including procedural requirements, applicable to the recognition and enforcement of foreign Resolution proceedings under their respective jurisdictions. This will, however, be without prejudice to any arrangements relating to specific prudential issues. 20. Each Authority will make available staff as appropriate to give presentations to, and run training sessions for, the other Authority, to share expertise and knowledge. 21. Each Authority will designate a contact person or persons of sufficient seniority ex ante, to be involved in ongoing Resolution and crisis management of Entities. These contact people will be listed in Annex A of this CA. Each Authority will inform the other Authority of these appointments and any changes thereto. Senior level contacts will be supported by regular working-level contact and collaboration, potentially including joint work on issue of common interest. 22. To the extent necessary to supplement periodic consultations, and so far as consistent with any Entity-specific cooperation arrangements agreed by both parties through any Entity’s CMG and with ensuring compliance with the laws or regulations of Albania or the European Union (including the European Banking Union), the Authorities intend to cooperate with each other in assisting with Resolution planning (including implementation of such planning). The assistance covered by this paragraph may include, as appropriate to each Entity and in accordance with the rights of each Authority to collect or otherwise obtain information, providing: (i) information relevant to the financial and operational conditions of an Entity, including, for example, capital structure, liquidity, and funding profiles, internal controls procedures, external market or ratings information, Entities and locations providing important operational capabilities, and identification of materially significant subsidiaries, branches and affiliates, such as Entities engaged in capital markets, information technology and data processing services; (ii) assistance in interpreting requested information, if such assistance is needed; and (iii) assistance in obtaining other information located in the Requested Authority’s jurisdiction that may be relevant to the Requesting Authority’s planning and implementation of Resolution. In addition, the Authorities will discuss and agree on the information each should provide to the other for the purpose of planning and implementing Resolutions (which may include monitoring of Entities, crisis management activities and review of recovery and Resolution plans). 23. The Authorities recognise that communication and coordination can play an important role in promoting efficiency and preserving value in the Resolution of an Entity. The Authorities further acknowledge that their legal duties and objectives will often align with the goals of maximising recoveries, minimising losses and minimising moral hazard. Where this is the case, they will endeavour, subject to applicable laws and regulations, to cooperate and coordinate in order to identify and implement Resolution processes and joint communication strategies that meet these goals in both of their respective jurisdictions. For these purposes, both Authorities will provide a list of relevant units and responsible persons with their contact information in Annex A of this CA. 24. The Authorities recognise that there may from time to time be technical matters related to specific Resolution plans and Resolution cases upon which it might be necessary to take a broadly common view or position. Through regular dialogue, the Authorities will seek to identify such matters. To the extent that the respective objectives of the Authorities can be best advanced through a joint articulation of such view or position and/or through joint engagement with third parties, the Authorities will seek to do so. 25. English will be the working language in all written and spoken communication.

Appears in 1 contract

Samples: Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of the Resolution of Firms in the United States Canada and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stress. As the condition of a Firm deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authoritiesAuthorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article 7(3) and 31(1) of the SRM Regulation, the SRB shall receive from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICCDIC’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC informs the SRB accordingly. 4. The FDIC CDIC is an independent U.S. a federal supervisory authorityCrown corporation and the deposit insurance authority that insures eligible deposits at Member Institutions in Canada. Under s.7 of the CDIC Act, and the CDIC is also the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8) Member Institutions. In case of the Xxxxfailure of a Member Institution, the CDIC has the power to resolve the institution by, among other things, arranging for insured deposit transfers, initiating or assisting purchase and assumption transactions, creating a bridge institution and conducting a bail-Xxxxx Act (12 U.S.C. § 5381(a)(8)))in. Its roleThe CDIC is not the prudential regulator of Member Institutions in Canada and, so far as is relevant to this CAsuch, is limited to the not responsible for recovery planning and implementation supervisory oversight of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans)their business operations. As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to the role of the FDIC CDIC as described in this paragraph. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of Firms, in conducting cooperative analyses of the challenges in the Resolution of such Firms, and in contingency planning for such challenges and Resolutions. 6. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 7. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 8. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 9. This CA does not limit an Authority to taking solely those measures described herein in fulfillment fulfilment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 10. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 11. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC CDIC and SRB work together. 12. Managing a crisis involving the cross-border activities of a Firm is a matter of common interest for the United States Canada and the European Banking Union. The successful management and Resolution of a crisis involving a Firm with significant cross-cross- border activities in the United States Canada and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of Firms, crisis management, recovery and Resolution strategies. 13. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 14. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the The Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States and the European Banking Union. 15. The In line with the Financial Stability Board’s Key Attributes for Effective Resolution Regimes for Financial Institutions, as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014, the Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014.

Appears in 1 contract

Samples: Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the preparation for and implementation of the Resolution of Firms Entities in the United States Montenegro and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stressdistress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution rules and equal conditions of resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authoritiesOther Relevant Authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive receives from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude concludes cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICCBCG’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC CBCG informs the SRB accordingly. 4. The FDIC Central Bank is an independent U.S. federal supervisory authority, and is the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8) of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8))). Its role, so far as is relevant to this CA, is limited to the planning and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it is resolution authority responsible for resolving all insured depository institutions applying resolution tools and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to the role of the FDIC as described in this paragraph. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent exercising resolution powers laid down in the cross-border operations of Firms, in conducting cooperative analyses of the challenges in the Law on Resolution of such Firms, and in contingency planning for such challenges and Resolutions. 6. This CA does not create any legally binding obligations, confer any rights, modify or supersede any domestic laws, or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 7Credit Institutions. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 8. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 9. This CA does not limit an Authority to taking solely those measures described herein in fulfillment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 10. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 11. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC and SRB work together. 12. Managing a crisis involving the cross-border activities of a Firm is a matter of common interest for the United States and the European Banking Union. The successful management and Law on Resolution of a crisis involving a Firm with significant cross-border activities Credit Institution applies to: 1) credit institution; 2) financial holding company and mixed financial holding company having their head offices in the United States Montenegro; 3) parent financial holding company in Montenegro, EU parent financial holding company having its head office in Montenegro, parent mixed financial holding company in Montenegro and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of Firms, crisis management, recovery and Resolution strategies. 13. Arrangements and tools for cross-border resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution regime arrangements and cooperation between the Authorities and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any EU parent mixed financial crisis and holding company having its cross-border implications based on common terminology and analyses. 14. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution objectives, head office in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States and the European Banking Union. 15. The Authorities recognize the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014.Montenegro;

Appears in 1 contract

Samples: Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of the Resolution of Firms Entities in the United States Albania and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- as-usual circumstances and during periods of financial stress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities Entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities Entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive receives from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICBank of Albania’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC Bank of Albania informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authority, and Bank of Albania is the central bank of Albania. According to Article 12 of the Law 8269/1997 on the Bank of Albania, the Bank of Albania is exclusively responsible for the licensing and supervision of all Entities in Albania. According to Articles 2 and 71(1) of the Law 9662/2006 on the Banks in the Republic of Albania and Article 6 of the Law 133/2016, Bank of Albania is the Supervisory and Resolution Authority for insured depository institutions Entities, banks, branches of foreign banks operating in Albania and covered financial companies (as defined in Section 201(a)(8) the branches of the Xxxxbanks licensed by the Bank of Albania operating outside the territory of Albania. The Supervisory and Resolution functions are exercised through two different organizational units within the Bank of Albania, which have different reporting and dependence lines, by ensuring their independence in the respective decision-Xxxxx Act (12 U.S.C. § 5381(a)(8)))making process. Its role, so far as is relevant Article 70 of the Law 133/2016 provides that the Bank of Albania has the right to this CA, is limited to the planning and implementation enter cooperation arrangements with Resolution authorities of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator another country or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant international authorities, which are responsible for the Resolution of an Entity, which is part of a banking group or a financial group that operates in some instances are Albania, or vice versa, in order to establish the primary sources scope and manner of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions carrying out the Resolution in case of this CA shall be interpreted having regard to the role of the FDIC as described in this paragrapha cross-border group Resolution. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment fulfilment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC Bank of Albania and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Albania and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-cross- border activities in the United States Albania and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Albania and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they may jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. 17. The Authorities recognise the importance of close and effective communication concerning the global operations of Entities, and intend to consult regularly regarding general Resolution developments, including the sharing of all relevant information, including, to the extent permitted by applicable law and not contrary to public policy, Entity-developed recovery plans and agency-developed Resolution plans pertaining to the group as a whole or to individual subsidiaries where plans of subsidiaries exist, and issues relevant to the operations, activities, and regulation of such Entities. Furthermore, the Authorities will seek to enhance cooperation in the analysis of Entities’ Resolution issues, planning for potential Resolution scenarios, and appropriate simulations, contingency planning or other work designed to improve preparations of the Authorities for managing and resolving crises involving Entities. 18. The Authorities will also work with Other Governmental Entities and with Entities themselves in developing Resolution plans and strategies for Entities and in ensuring that such plans and strategies remain current. To the extent possible, in respect of any confidentiality and other restrictions, the Authorities intend to: (i) discuss approaches to Resolution planning; (ii) share ideas and strategies; and (iii) facilitate mutual understanding of Resolution plan rulemaking, rules, practice and implementation in each other’s jurisdiction. 19. To the extent practicable and as appropriate in the particular circumstances, including the status of efforts to address any difficulties experienced by an Entity, each Authority will endeavour to inform the other Authority: (i) of any intended or conducted regulatory changes relating to Resolution regimes and which may have a significant, material impact on the operations or activities of an Entity in the other jurisdiction; and (ii) of the respective statutory and other legal requirements, including procedural requirements, applicable to the recognition and enforcement of foreign Resolution proceedings under their respective jurisdictions. This will, however, be without prejudice to any arrangements relating to specific prudential issues. 20. Each Authority will make available staff as appropriate to give presentations to, and run training sessions for, the other Authority, to share expertise and knowledge. 21. Each Authority will designate a contact person or persons of sufficient seniority ex ante, to be involved in ongoing Resolution and crisis management of Entities. These contact people will be listed in Annex A of this CA. Each Authority will inform the other Authority of these appointments and any changes thereto. Senior level contacts will be supported by regular working-level contact and collaboration, potentially including joint work on issue of common interest. 22. To the extent necessary to supplement periodic consultations, and so far as consistent with any Entity-specific cooperation arrangements agreed by both parties through any Entity’s CMG and with ensuring compliance with the laws or regulations of Albania or the European Union (including the European Banking Union), the Authorities intend to cooperate with each other in assisting with Resolution planning (including implementation of such planning). The assistance covered by this paragraph may include, as appropriate to each Entity and in accordance with the rights of each Authority to collect or otherwise obtain information, providing: (i) information relevant to the financial and operational conditions of an Entity, including, for example, capital structure, liquidity, and funding profiles, internal controls procedures, external market or ratings information, Entities and locations providing important operational capabilities, and identification of materially significant subsidiaries, branches and affiliates, such as Entities engaged in capital markets, information technology and data processing services; (ii) assistance in interpreting requested information, if such assistance is needed; and (iii) assistance in obtaining other information located in the Requested Authority’s jurisdiction that may be relevant to the Requesting Authority’s planning and implementation of Resolution. In addition, the Authorities will discuss and agree on the information each should provide to the other for the purpose of planning and implementing Resolutions (which may include monitoring of Entities, crisis management activities and review of recovery and Resolution plans). 23. The Authorities recognise that communication and coordination can play an important role in promoting efficiency and preserving value in the Resolution of an Entity. The Authorities further acknowledge that their legal duties and objectives will often align with the goals of maximising recoveries, minimising losses and minimising moral hazard. Where this is the case, they will endeavour, subject to applicable laws and regulations, to cooperate and coordinate in order to identify and implement Resolution processes and joint communication strategies that meet these goals in both of their respective jurisdictions. For these purposes, both Authorities will provide a list of relevant units and responsible persons with their contact information in Annex A of this CA. 24. The Authorities recognise that there may from time to time be technical matters related to specific Resolution plans and Resolution cases upon which it might be necessary to take a broadly common view or position. Through regular dialogue, the Authorities will seek to identify such matters. To the extent that the respective objectives of the Authorities can be best advanced through a joint articulation of such view or position and/or through joint engagement with third parties, the Authorities will seek to do so. 25. English will be the working language in all written and spoken communication.

Appears in 1 contract

Samples: Cooperation Arrangement

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General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the preparation for and implementation of the Resolution of Firms Entities in the United States Argentine Republic and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stressdistress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution rules and equal conditions of resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authoritiesOther Relevant Authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive receives from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICBCRA’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC BCRA informs the SRB accordingly. 4. The FDIC BCRA is an independent U.S. federal supervisory authority, and is the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8) of the Xxxxa self-Xxxxx Act (12 U.S.C. § 5381(a)(8))). Its role, so far as is relevant to this CA, is limited administered national government entity subject to the planning and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing these and related functions, the FDIC works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA shall be interpreted having regard to its Charter and other related legal rules. The BCRA is also the role of resolution authority for financial institutions under the FDIC as described Law on Financial institutions in this paragraphthe Argentine Republic. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. This CA is based on the principles of reciprocity and proportionality. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. Finally, this CA does not constitute waivers of immunity or privilege. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. FirmEntity-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; agreements, nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment fulfilment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC BCRA and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Argentine Republic and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-border activities in the United States Argentine Republic and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Argentine Republic and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. In addition, key principles on how to establish appropriate information sharing mechanisms with host authorities, who are not members of the CMG are laid out in the 2015 FSB guidance on cooperation and Information Sharing with Host Authorities of Jurisdictions where a G-SIFI has a Systemic Presence that are Not Represented on its CMG. 17. The Authorities acknowledge that the Authority establishing, or which has established a Crisis Management Group will define its composition in line with the FSB’s standards and guidelines. It will promptly consider a membership request from the other Authority in good faith and consistent with such FSB’s standards, in particular taking into consideration the criterion of materiality of the entity hosted by the requesting Authority to the resolution of the group. The Authority that established resolution venues, such as resolution colleges, structured meetings or other fora, will consider a membership request received from the other Authority in good faith and consistent with the applicable legal framework.

Appears in 1 contract

Samples: Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the preparation for and implementation of the Resolution of Firms Entities in the United States Republic of Korea and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stressdistress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution rules and equal conditions of resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authoritiesOther Relevant Authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution scheme adopted by the SRB with regard to the scheme's ’s discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive receives from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution Resolution standards the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude concludes cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICKDIC’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC KDIC informs the SRB accordingly. 4. The FDIC KDIC is an independent U.S. federal supervisory authoritythe comprehensive and integrated deposit insurer, and is the Resolution Authority for insured depository institutions and covered financial companies (as defined in Section 201(a)(8Article 2(1) of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8)))DPA) in the Republic of Korea. Its role, so far as is relevant to this CA, is limited to the planning and implementation of Resolutions (which may include monitoring of Firms, crisis management activities and review of recovery plans). As conservator or receiver, it It is responsible for resolving all insured depository institutions the resolution planning including the assessment of resolvability and covered financial companiesthe implementation of such planning. In performing these and related functions, the FDIC KDIC works with other relevant authorities, which in some instances are national governmental entities including the primary sources Financial Services Commission as one of certain relevant information and with which requests for such information must be coordinated.1 the financial safety net players. The remaining provisions of this CA shall will be interpreted having regard to the role of the FDIC KDIC as described in this paragraph. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. This CA is based on the principles of reciprocity and proportionality. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. Finally, this CA does not constitute waivers of immunity or privilege. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. FirmEntity-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; agreements, nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment fulfilment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC KDIC and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Republic of Korea and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-border activities in the United States Republic of Korea and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Republic of Korea and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. In addition, key principles on how to establish appropriate information sharing mechanisms with host authorities, who are not members of the CMG are laid out in the 2015 FSB guidance on cooperation and Information Sharing with Host Authorities of Jurisdictions where a G-SIFI has a Systemic Presence that are Not Represented on its CMG. 17. The Authorities acknowledge that the Authority establishing, or which has established a Crisis Management Group will define its composition in line with the FSB’s standards and guidelines. It will promptly consider a membership request from the other Authority in good faith and consistent with such FSB’s standards, in particular taking into consideration the criterion of materiality of the entity hosted by the requesting Authority to the resolution of the group. The Authority that established resolution venues, such as resolution colleges, structured meetings or other fora, will consider a membership request received from the other Authority in good faith and consistent with the applicable legal framework.

Appears in 1 contract

Samples: Cooperation Arrangement

General Framework. 2. This CA is a statement of intent to consult, cooperate, and exchange information in connection with the implementation of the Resolution of Firms Entities in the United States Mexico and in the European Banking Union in a manner consistent with and permitted by the laws and requirements that govern the Authorities. The Authorities will take steps to continue and enhance ongoing cooperation and communication through periodic and ad ad-hoc consultations between them, both during normal business- business-as-usual circumstances and during periods of financial stress. As the condition of a Firm an Entity deteriorates, it is expected that cooperation between the Authorities will intensify as well. Additional communications may take place under the terms of this CA or as otherwise agreed by the Authorities. 3. The SRB fulfils the tasks of a European resolution authority Resolution Authority as part of the SRM in accordance with the SRM Regulation. The main aims of the SRM are to ensure effective and uniform resolution Resolution rules and equal conditions of resolution Resolution financing across Participating Member States under a centralized centralised power of resolutionResolution. The SRB is responsible for the collection of information and the cooperation with National Resolution Authorities for the elaboration of resolution Resolution planning for entities under its scope, including the assessment of resolvability and the determination of the minimum requirement for own funds and eligible liabilities. In performing its tasks the SRB works with other relevant authorities, which in some instances are the primary sources of certain relevant information and with which requests for such information must be coordinated. It is responsible for the adoption and monitoring of execution of resolution Resolution schemes for all entities falling under its direct scope of responsibilities as set by the SRM Regulation. In accordance with Article 18(7) of the SRM Regulation, the European Commission and the Council of the European Union are responsible for approving of or objecting to the resolution Resolution scheme adopted by the SRB with regard to the scheme's discretionary aspects. Moreover, pursuant to Article Articles 7(3) and 31(1) of the SRM Regulation, the SRB shall receive from National Resolution Authorities any draft decisions on which it may express its views. In case of non-compliance and where necessary to ensure the consistent application of high resolution standards Resolution standards, the SRB may issue warnings to the relevant National Resolution Authority. Furthermore, at any time, the SRB may at any time decide to exercise direct powers under Article 7(4) of the SRM Regulation. The SRB shall also represent represents National Resolution Authorities of the Participating Member States for the purpose of consultation and cooperation with Non-Participating Member States or third countries pursuant to Article 32(1) of the SRM Regulation and conclude cooperation arrangements on behalf of National Resolution Authorities of Participating Member States pursuant to Article 32(4) of the SRM Regulation. This does not affect the FDICIPAB’s ability to communicate, share information and establish relations with National Resolution Authorities, provided that the FDIC IPAB informs the SRB accordingly. 4. The FDIC is an independent U.S. federal supervisory authority, and IPAB is the agency of the Mexican Federal Government, which serves as Deposit Insurance and Resolution Authority of credit institutions in accordance with the provisions of the Banking Savings Protection Law and the Credit Institutions Law (“Ley de Instituciones de Crédito”). According to Article 67 of the Banking Savings Protection Law, the IPAB’s aims are: (i) to provide credit institutions with a system for insured depository the protection of bank savings that guarantees their payment; and (ii) to administer the financial restructuring programmes that it designs and executes for the benefit of the depositors and other customers of the institutions and covered financial companies (as defined for safeguarding the national payments system. Likewise, in Section 201(a)(8) terms of Article 120 of the Xxxx-Xxxxx Act (12 U.S.C. § 5381(a)(8))). Its roleCredit Institutions Law, so far as is relevant to this CAthe IPAB with the participation of the National Banking and Securities Commission, the Bank of Mexico and the Ministry of Finance, is limited empowered to prepare Resolution plans of credit institutions that shall detail the planning form and implementation terms in which they may be resolved in an expedited and organised manner. The IPAB is empowered to enter into this CA in accordance with Article 143 of Resolutions (the Credit Institutions Law, which may include monitoring establishes that the IPAB, within the scope of Firmsits powers and duties, crisis management activities shall provide the foreign financial authorities with the information requested, such as documents, records, registrations, statements and review other evidence that the IPAB has in the exercise of recovery plans)its powers. As conservator or receiver, it is responsible for resolving all insured depository institutions and covered financial companies. In performing For these and related functionspurposes, the FDIC works IPAB should conclude arrangements with other relevant authoritiesthe respective foreign financial authorities for the exchange of information, in which in some instances are the primary sources principle of certain relevant information and with which requests for such information must be coordinated.1 The remaining provisions of this CA reciprocity shall be interpreted having regard to the role of the FDIC as described in this paragraphobserved. 5. This CA expresses the Authorities’ intent to enhance and strengthen their consultation and cooperation in understanding the complexities inherent in the cross-border operations of FirmsEntities, in conducting cooperative analyses of the challenges in the Resolution of such FirmsEntities, and in contingency planning for such challenges and Resolutions. 6. This CA does not constitute an agreement binding under international law. 7. This CA does not create any legally binding obligations, confer any rights, modify or modify, supersede any domestic laws, laws or restrict the Authorities in the exercise of their statutory powers and functions. This CA does not confer any rights upon any Person, including any right or ability directly or indirectly to obtain, suppress, or exclude any information or to challenge the execution of a request for assistance under this CA. 78. The Authorities acknowledge that any particular assistance, information or cooperation may be provided pursuant to the CA only if permitted under their respective laws, regulations or requirements. 89. This CA does not affect any arrangements under other agreements or memoranda of understanding, including any U.S. Firm-specific cooperation agreements or authorizations with respect to access to any Xxxx-Xxxxx Act Title I information; nor does this CA limit the terms of future arrangements. 910. This CA does not limit an Authority to from taking solely those measures described herein in fulfillment of its Resolution or other functions. In particular, this CA does not affect any right of an Authority to communicate with, conduct an on-site visitation of, or obtain information or documents from, any Person subject to its jurisdiction that is located in the territory of the other Authority. 1011. The Authorities intend that the cooperation and information sharing arrangements under this CA should be implemented in a manner that is compatible with the obligations and commitments that an Authority may have to an asset management, banking or other regulatory authority Authority or agency pursuant to memoranda of understanding or other agreements. 1 For example, the Federal Reserve Board has primary responsibility for recovery planning in the United States, and release of information concerning recovery plans must therefore be made in coordination with the Federal Reserve Board. 1112. The Authorities intend periodically to review the functioning and effectiveness of cooperation arrangements between them with a view, inter alia, to expanding or altering the scope or operation of this CA should that be judged necessary. Such periodic review will seek to ensure that this CA accommodates and responds to changing circumstances and benefits from lessons learned. It will also be updated if there are material developments – for example, changes to either of the Authorities’ responsibilities – that are likely to impact the way the FDIC IPAB and the SRB work together. 1213. Managing a crisis involving the cross-border activities of a Firm an Entity is a matter of common interest for the United States Mexico and the European Banking Union. The successful management and Resolution of a crisis involving a Firm an Entity with significant cross-cross- border activities in the United States Mexico and the European Banking Union requires careful ex ante preparation to establish optimal processes and steps to ensure effective coordination and implementation of possible monitoring of FirmsEntities, crisis management, recovery and Resolution strategies. 1314. Arrangements and tools for cross-border resolution Resolution should be flexible and designed to allow for adaptation to the specific features of a crisis and the individual institutions involved. Cross-border arrangements will build on effective resolution Resolution regime arrangements and cooperation between the Authorities Authorities, and the Authorities should undertake steps to improve their ability promptly to assess the broader effects of any financial crisis and its cross-border implications based on common terminology and analyses. 1415. Where possible and appropriate, arrangements for crisis Resolution should be consistent with arrangements for supervision and crisis prevention. In particular, arrangements Arrangements for crisis Resolution should reflect the division of responsibilities between the Authorities and other responsible regulators and supervisors, and the coordinating role of home country regulators and supervisors. Where possible and feasible, the Authorities should implement Resolution options that are consistent with their respective resolution Resolution objectives, in particular aimed at pursuing financial stability and protecting insured depositors, insurance policy holders and other retail customers, duly considering the potential impact of their Resolution actions on the financial stability of the United States Mexico and the European Banking Union. 1516. The Authorities recognize recognise the importance of the cross-border crisis management groups (“CMGs”) as developed by the Financial Stability Board (“FSB”) under the Financial Stability Forum (“FSF”) Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Recommendations on Reducing the Moral Hazard posed by Systemically Important Financial Institutions (2010), and intend to work together to ensure that the CMGs in which they may jointly participate effectively strengthen institution-specific cross-border Resolution preparation and arrangements, consistent with the FSF Principles for Cross-border Cooperation on Crisis Management (April 2009) and the FSB Key Attributes of Effective Resolution Regimes for Financial Institutions as adopted by the G20 at the Cannes Summit in November 2011 and as amended in October 2014. 17. The Authorities recognise the importance of close and effective communication concerning the global operations of Entities, and intend to consult regularly regarding general Resolution developments, including the sharing of all relevant information, including, to the extent permitted by applicable law and not contrary to public policy, Entity-developed recovery plans and agency-developed Resolution plans pertaining to the group as a whole or to individual subsidiaries where plans of subsidiaries exist, and issues relevant to the operations, activities, and regulation of such Entities. Furthermore, the Authorities will seek to enhance cooperation in the analysis of Entities’ Resolution issues, planning for potential Resolution scenarios, and appropriate simulations, contingency planning or other work designed to improve preparations of the Authorities for managing and resolving crises involving Entities. 18. The Authorities will also work with Other Governmental Entities and with Entities themselves in developing Resolution plans and strategies for Entities and in ensuring that such plans and strategies remain current. To the extent possible, in respect of any confidentiality and other restrictions, the Authorities intend to: (i) discuss approaches to Resolution planning; (ii) share ideas and strategies; and (iii) facilitate mutual understanding of Resolution plan rulemaking, rules, practice and implementation in each other’s jurisdiction. 19. To the extent practicable and as appropriate in the particular circumstances, including the status of efforts to address any difficulties experienced by an Entity, each Authority will endeavour to inform the other Authority: (i) of any intended or conducted regulatory changes relating to Resolution regimes and which may have a significant, material impact on the operations or activities of an Entity in the other jurisdiction; and (ii) of the respective statutory and other legal requirements, including procedural requirements, applicable to the recognition and enforcement of foreign Resolution proceedings under their respective jurisdictions. This will, however, be without prejudice to any arrangements relating to specific prudential issues. 20. Each Authority will make available staff as appropriate to give presentations to, and run training sessions for, the other Authority, to share expertise and knowledge. 21. Each Authority will designate a contact person or persons of sufficient seniority ex ante, to be involved in ongoing Resolution and crisis management of Entities. These contact people will be listed in Annex A of this CA. Each Authority will inform the other Authority of these appointments and any changes thereto. Senior-level contacts will be supported by regular working-level contact and collaboration, potentially including joint work on issue of common interest. 22. To the extent necessary to supplement periodic consultations, and so far as consistent with any Entity-specific cooperation agreements agreed by both parties through any Entity’s CMG and with ensuring compliance with the laws or regulations of Mexico or the European Union (including the European Banking Union), the Authorities intend to cooperate with each other in assisting with Resolution planning (including implementation of such planning). The assistance covered by this paragraph may include, as appropriate to each Entity and in accordance with the rights of each Authority to collect or otherwise obtain information, providing: (i) information relevant to the financial and operational conditions of an Entity, including, for example, capital structure, liquidity, and funding profiles, internal controls procedures, external market or ratings information, Entities and locations providing important operational capabilities, and identification of materially significant subsidiaries, branches and affiliates, such as Entities engaged in capital markets, information technology and data processing services; (ii) assistance in interpreting requested information, if such assistance is needed; and (iii) assistance in obtaining other information located in the Requested Authority’s jurisdiction that may be relevant to the Requesting Authority’s planning and implementation of Resolution. In addition, the Authorities will discuss and agree on the information each should provide to the other for the purpose of planning and implementing Resolutions (which may include monitoring of Entities, crisis management activities and review of recovery and Resolution plans). 23. The Authorities recognise that communication and coordination can play an important role in promoting efficiency and preserving value in the Resolution of an Entity. The Authorities further acknowledge that their legal duties and objectives will often align with the goals of maximising recoveries, minimising losses and minimising moral hazard. Where this is the case, they will endeavour, subject to applicable laws and regulations, to cooperate and coordinate in order to identify and implement Resolution processes and joint communication strategies that meet these goals in both of their respective jurisdictions. For these purposes, both Authorities will provide a list of relevant units and responsible persons with their contact information in Annex A of this CA. 24. The Authorities recognise that there may from time to time be technical matters related to specific Resolution plans and Resolution cases upon which it might be necessary to take a broadly common view or position. Through regular dialogue, the Authorities will seek to identify such matters. To the extent that the respective objectives of the Authorities can be best advanced through a joint articulation of such view or position and/or through joint engagement with third parties, the Authorities will seek to do so. 25. English will be the working language in all written and spoken communication.

Appears in 1 contract

Samples: Cooperation Arrangement

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