A Resolution on Enforcement Powers
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1 A Resolution on Enforcement Powers Passed by the Presidents' Committee November 1997 CONSIDERING that the complex character of securities and futures transactions and the sophistication of fraudulent schemes that threaten market integrity and customer protection require strong and aggressive enforcement of securities and futures laws; CONSIDERING that, to ensure effective enforcement of securities and futures laws, it is crucial to have broad access to information relating to the activities of persons and entities engaged in securities and futures transactions; CONSIDERING that the self-evaluations completed by IOSCO members pursuant to the 1994 Resolution on Commitment to Basic IOSCO Principles of High Regulatory Standards and Mutual Cooperation and Assistance demonstrate that many IOSCO members or other relevant authorities do not have sufficient powers to obtain necessary information; and CONSIDERING that the importance of mutual assistance and cross-border cooperation has long been one of IOSCO's principal tenets and that to cooperate effectively with one another IOSCO members need to be able to obtain and share information relating to the enforcement of securities and futures laws; THE PRESIDENTS' COMMITTEE, THEREFORE, approves the following Resolution: Each member of IOSCO should strive to ensure that it or another authority in its jurisdiction has the necessary authority to obtain information, including statements and documents that may be relevant to investigating and prosecuting potential violations of laws and regulations relating to securities and futures transactions and that such information can be shared directly with other IOSCO members or indirectly through authorities in their jurisdictions for use in investigations and prosecutions of securities and futures violations.
2 RESOLUTION ON ENFORCEMENT POWERS Presidents' Committee November 1997 Jurisdiction Name of the Organization Signed REGULAR MEMBERS 1 ALGERIA d Organisation et de Surveillance des Opérations de Bourse 2 ARGENTINA Comisión Nacional de Valores 3 AUSTRALIA Australian Securities and Investments 4 AUSTRIA Austrian Securities Authority 5 BAHAMAS Securities Board (The Commonwealth of The Bahamas) 6 BAHRAIN (State of) Bahrain Stock Exchange 7 BANGLADESH Securities and Exchange 8 BARBADOS Securities Exchange of Barbados 9 BELGIUM bancaire et financière 10 BERMUDA The Bermuda Monetary Authority 11 BOLIVIA Superintendencia de Valores 12 BRAZIL Comissão de Valores Mobiliários 13 BULGARIA Securities and Stock Exchanges 14 CHILE Superintendencia de Valores y Seguros 15 CHINA (People s Republic of) China Securities Regulatory 16 COLOMBIA Superintendencia de Valores 17 COSTA RICA Superintendencia General de Valores 18 CROATIA (Republic of) Securities and Exchange 19 CYPRUS (Republic of) Central Bank of Cyprus 20 DENMARK Finanstilsynet 21 DOMINICAN REPUBLIC Banco Central de la República Dominicana
3 22 ECUADOR Superintendencia de Compañías 23 EGYPT Capital Market Authority 24 EL SALVADOR Superintendencia de Valores 25 FINLAND Financial Supervision Authority 26 FORMER YUGOSLAV REPUBLIC OF MACEDONIA Securities and Exchange 27 FRANCE des Opérations de Bourse 28 GERMANY Bundesaufsichtsamt für den Wertpapierhandel (BAWe) 29 GREECE Capital Market 30 GUERNSEY Guernsey Financial Services 31 HONG KONG Securities and Futures 32 HUNGARY Hungarian Banking and Capital Market Supervision 33 INDIA Securities and Exchange Board of India (SEBI) Yes (N-33) ( ) 34 INDONESIA Indonesian Capital Market Supervisory Agency 35 IRELAND Central Bank of Ireland 36 ISLE OF MAN Financial Supervision 37 ISRAEL Israel Securities Authority 38 ITALY e Nazionale per le Società e la Borsa 39 JAMAICA Securities 40 JAPAN Financial System Planning Bureau of the Ministry of Finance Yes (N-40) ( ) 41 JERSEY Jersey Financial Services 42 JORDAN Jordan Securities 43 KAZAKHSTAN (Republic of) National Securities 44 KENYA Capital Markets Authority 45 KOREA Financial Supervisory 46 KYRGYZ REPUBLIC National on Securities Market 47 LITHUANIA Lithuanian Securities
4 48 LUXEMBOURG (Grand Duchy of) Commissariat aux Bourses 49 - MALAYSIA Securities Yes (N-49) ( ) 50 MALTA Malta Stock Exchange 51 - MAURITIUS (Republic of) Stock Exchange 52 - MEXICO Comisión Nacional Bancaria y de Valores Yes (N-52) ( ) 53 - MOROCCO Conseil Déontologique des Valeurs Mobilières 54 NETHERLANDS (The) Stichting Toezicht Effectenverkeer 55 NEW ZEALAND Securities 56 NIGERIA Securities and Exchange 57 NORWAY Kredit Tilsynet 58 OMAN (Sultanate of) Muscat Securities Market 59 ONTARIO Ontario Securities Yes (N-59) ( ) 60 PAKISTAN Corporate Law Authority / Government of Pakistan 61 PANAMA Comisión Nacional de Valores 62 PAPUA NEW GUINEA Securities 63 PARAGUAY Comisión Nacional de Valores 64 PERU Comisión Nacional Supervisora de Empresas y Valores 65 - PHILIPPINES Securities and Exchange 66 - POLAND Polish Securities and Exchange 67 - PORTUGAL Comissão do Mercado de Valores Mobiliários 68 - QUEBEC des valeurs mobilières du Québec 69 - ROMANIA Romanian National Securities 70 - RUSSIA Federal for the Securities Market of the Russian Federation 71 - SINGAPORE The Monetary Authority of Singapore 72 SLOVENIA Securities Market Agency 73 - SOUTH AFRICA Financial Services Board
5 74 - SPAIN Comisión Nacional del Mercado de Valores 75 - SRI LANKA Securities and Exchange of Sri Lanka 76 SWEDEN Finansinspektionen 77 - SWITZERLAND Fédérale des Banques 78 - CHINESE TAIPEI Securities and Futures 79 - TANZANIA Capital Markets and Securities Authority 80 - THAILAND Office of the Securities and Exchange 81 - TRINIDAD AND TOBAGO Trinidad and Tobago Securities and Exchange 82 TUNISIA Conseil du Marché Financier 83 TURKEY Capital Market Board 84 - UKRAINE Ukrainian Securities and Stock Market State 85 - UNITED KINGDOM Financial Services Authority 86 - UNITED STATES OF AMERICA United States Securities and Exchange 87 URUGUAY Banco Central del Uruguay 88 - VENEZUELA Comisión Nacional de Valores 89 - ZAMBIA Securities and Exchange ASSOCIATE MEMBERS 90 - ALBERTA Alberta Securities 91 - BRITISH COLUMBIA British Columbia Securities Yes (N-91) ( ) 92 - JAPAN Ministry of Agriculture, Forestry and Fisheries 93 - JAPAN Ministry of International Trade and Industry (MITI) 94 - JAPAN Securities and Exchange Surveillance 95 - LEBANON Banque du Liban 96 - LUXEMBOURG (Grand Duchy of) Institut Monétaire Luxembourgeois
6 97 - UNITED STATES OF AMERICA Commodity Futures Trading 98 - UNITED STATES OF AMERICA North American Securities Administrators Association, Inc. (NASAA)
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