Direct transmission to foreign supervisory authorities
Article 42c FINMASA enables supervised institutions to transmit non-public information to foreign authorities and entities without having to obtain official authorisation. In line with its supervisory practice, FINMA has defined its interpretation of Article 42c FINMASA in Circular 17/6 to assist supervised institutions in implementing the legal provision uniformly and autonomously.
In accordance with Margin no. 20 of the Circular, FINMA has published a list of the foreign authorities who generally meet the principles of specialty and confidentiality.
The list contains foreign supervisory authorities:
- whose compliance with the principles of specialty and confidentiality has been confirmed by a court in individual cases;
- to whom FINMA transmitted information in the course of providing international administrative assistance; and/or
- whom FINMA invites in its role as home regulator to participate at supervisory colleges in the insurance sector or core colleges in the banking sector.