[PDF] [PDF] (MoU) between Securities and Exchange B - SEBI

of India (SEBI) and European Securities Markets Agency (ESMA) 1 Market Infrastructure Regulations (EMIR) to subject the transactions entered into



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Memorandums of Understanding signed by SEBI

A. Memorandum of Understanding (MoU) between Securities and Exchange Board of India (SEBI) and European Securities Markets Agency (ESMA)

1. The European Securities Markets Agency (ESMA) prescribed the European

Market Infrastructure Regulations (EMIR) to subject the transactions entered into by entities established in third countries to the clearing and risk-mitigation techniques obligations in order to foster financial stability within the European Union (EU). Article 25 of the European Market Infrastructure Regulations (EMIR) required that, "A CCP established in a third country may provide clearing services to clearing members or trading venues established in the Union only where the

2. ESMA shall grant recognition to a third country CCP only when the following

conditions are satisfied:- the CCP is authorised in the relevant third country, and is subject to effective supervision and enforcement ensuring full compliance with the prudential requirements applicable in that third country; cooperation arrangements have been established the CCP is established or authorised in a third country that is considered as having equivalent systems for anti-money- laundering and combating the financing of terrorism to those of the Union.

3. Accordingly, SEBI and ESMA signed the bilateral Memorandum of Understanding

(MOU) pursuant to EMIR which is effective from June 21, 2017.

4. This MoU between SEBI and ESMA would ensure the fulfillment of the conditions

set out in Article 25(2)(c) of EMIR that requires the establishment of cooperation

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arrangements as a precondition for ESMA to recognize CCPs established in India and supervised by SEBI. Once the CCPs are recognized, it would ensure: That the trades of EU investors are cleared through EU based custodians registered with SEBI. No risk of disruption in business coming into India being diverted to other emerging countries. B. Bilateral Memorandum of Understanding (MoU) between Securities and Exchange Board of India (SEBI) and Securities and Exchange Organization (SEO), Iran

1. SEBI and Securities and Exchange Organization (SEO), Iran, the regulatory and

supervisory body of the Iranian capital market, had a bilateral meeting in Tehran, Iran in November, 2016. One of the outcomes of the bilateral meeting was to build and strengthen the relationship between the two authorities. Accordingly, it was decided to enter into a bilateral MoU to meet the aforesaid objectives.

2. The Bilateral MoU with Iran would serve the following purposes:

an Associate Member of the IOSCO. The MOU would contribute towards strengthening the information sharing framework between the two jurisdictions. The MoU would facilitate meaningful contribution in the areas of capacity building activities of both the jurisdictions and in strengthening SEBI's relationship with overseas regulators. Further, National Institute of Securities Management (NISM) could facilitate capacity building needs of

SEO Iran.

Page 3 of 3

As per the SEBI (Foreign Portfolio Investors) Regulations, 2014, one of the condition to fulfil eligibility criteria to be a Foreign Portfolio Investor securities market regulator is a signatory to the International Organization

Understanding or

The MoU will enable investors from Iran to become registered Foreign Portfolio

Investors and invest in Indian securities market.

3. A delegation from Iran led by Dr. Shapour Mohammadi, Chairman, SEO visited

SEBI on August 10, 2017 for the purpose of signing of the Bilateral MoU with SEBI. The MoU was signed by Mr. Ajay Tyagi, Chairman, SEBI and Dr. Shapour Mohammadi, Chairman, SEO, Iran at SEBI Bhavan in Mumbai. This Memorandum is submitted for information of the Board.quotesdbs_dbs20.pdfusesText_26