CHAPTER VTRANSPARENCY REQUIREMENTS, LEVERAGE, RULES RELATING TO THIRD COUNTRIES AND EXCHANGE OF INFORMATION ON THE POTENTIAL CONSEQUENCES OF AIFM ACTIVITY

SECTION 3Specific rules relating to third countriesF1...

Article 113General requirements

1.

Cooperation arrangements shall cover all possible situations and actors envisaged in F2regulations 33, 49 and 50 of the AIFM Regulations 2013 taking into account the location of the AIFM, the location of the AIF and the activity of the AIFM.

2.

Cooperation arrangements shall take a written form.

3.

Cooperation arrangements shall establish the specific framework for consultation, cooperation and exchange of information for supervisory and enforcement purposes between F3the FCA and third country supervisory authorities.

4.

Cooperation arrangements shall include a specific clause providing for the transfer of information received by F4the FCA from a supervisory authority in a third country F5....

Article 114Mechanisms, instruments and procedures

1.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for enabling F6the FCA to have access to all information necessary for the performance of their duties under F7FSMA and the AIFM Regulations 2013.

2.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for enabling on-site inspections to be carried out where required for the exercise of the F8FCA's duties. On-site inspections shall be carried out directly by F9the FCA or by the third country competent authority with the assistance of F9the FCA.

3.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for the third country competent authority to assist F10the FCA where it is necessary to enforce F11the law applying in the United Kingdom, or in any part of the United Kingdom breached by an entity established in the third country, in accordance with the national and international law applicable to that authority.

Article 115Data protection

Cooperation arrangements shall ensure that the transfer to third countries of data and the analysis of data takes place only in accordance with F12regulation 9(2B) of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001.