§ 85 — Conditions for provision of assistance

85.—(1) The Authority may provide the assistance mentioned in section 87 to a regulatory authority of a foreign country if the Authority is satisfied that all of the following conditions are fulfilled:(a)

the assistance is intended to enable the regulatory authority, or any other authority of the foreign country, to carry out the supervision, investigation or enforcement;

(b)

the regulatory authority has given a written undertaking that any material or copy of material obtained pursuant to its request will not be used for any purpose other than a purpose that is specified in the request and approved by the Authority;

(c)

the regulatory authority has given a written undertaking not to disclose to a third party (other than a designated third party of the foreign country in accordance with paragraph (d)) any material received pursuant to the request, unless the regulatory authority is compelled to do so by the law or a court of the foreign country;

(d)

the regulatory authority has given a written undertaking to obtain the prior consent of the Authority before disclosing any material received pursuant to the request to a designated third party, and to make such disclosure only in accordance with such conditions as may be imposed by the Authority;

(e)

the material requested is of sufficient importance to the carrying out of the supervision, investigation or enforcement to which the request relates, and cannot reasonably be obtained by any other means;

(f)

the matter to which the request relates is of sufficient gravity;

(g)

the rendering of assistance will not be contrary to the public interest.

(2) In subsection (1)(c) and (d), “designated third party”, in relation to a foreign country, means —(a)

any person or body responsible for supervising the regulatory authority in question;

(b)

any authority of the foreign country responsible for carrying out the supervision, investigation or enforcement in question; or

(c)

any authority of the foreign country exercising a function that corresponds to a regulatory function of the Authority under this Act.

—(1) The Authority may provide the assistance mentioned in section 87 to a regulatory authority of a foreign country if the Authority is satisfied that all of the following conditions are fulfilled:(a)

the assistance is intended to enable the regulatory authority, or any other authority of the foreign country, to carry out the supervision, investigation or enforcement;

(b)

the regulatory authority has given a written undertaking that any material or copy of material obtained pursuant to its request will not be used for any purpose other than a purpose that is specified in the request and approved by the Authority;

(c)

the regulatory authority has given a written undertaking not to disclose to a third party (other than a designated third party of the foreign country in accordance with paragraph (d)) any material received pursuant to the request, unless the regulatory authority is compelled to do so by the law or a court of the foreign country;

(d)

the regulatory authority has given a written undertaking to obtain the prior consent of the Authority before disclosing any material received pursuant to the request to a designated third party, and to make such disclosure only in accordance with such conditions as may be imposed by the Authority;

(e)

the material requested is of sufficient importance to the carrying out of the supervision, investigation or enforcement to which the request relates, and cannot reasonably be obtained by any other means;

(f)

the matter to which the request relates is of sufficient gravity;

(g)

the rendering of assistance will not be contrary to the public interest.

(2) In subsection (1)(c) and (d), “designated third party”, in relation to a foreign country, means —(a)

any person or body responsible for supervising the regulatory authority in question;

(b)

any authority of the foreign country responsible for carrying out the supervision, investigation or enforcement in question; or

(c)

any authority of the foreign country exercising a function that corresponds to a regulatory function of the Authority under this Act.