On January 11, 2017, the EBA published an updated recommendation on the equivalence of the confidentiality regimes of third country supervisory authorities. CRD provides that third country supervisory authorities may participate in a college of supervisors set up for an international cross-border bank if: (i) it is considered appropriate for that authority to participate; and (ii) the authority is subject to confidentiality requirements that are equivalent to those set out in the CRD. The EBA's recommendations only relate to the equivalence of the confidentiality regimes. The appropriateness issue is to be determined by each college of supervisors.
In April 2015, the EBA recommended that the confidentiality regimes of the supervisory authorities in the following countries should be considered as equivalent to the CRD IV requirements: Bosnia-Herzegovina, Brazil, Canada, China, FYR Macedonia, Mexico, Montenegro, Serbia, Singapore, Switzerland, Turkey and the US. Those recommendations applied from April 2, 2015. The EBA updated the recommendations to include Albania from September 12, 2015.
The EBA has updated the recommendations again adding Australia, Hong Kong, Japan and Kosovo. The latest recommendations applied from January 12, 2017.
The updated recommendations are available at: http://www.eba.europa.eu/documents/10180/1712871/EBA-Rec-2017-01+Recommendation+amending+EBA-Rec-2015-02.pdf .
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