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Section 87: Exchange of information and mutual assistance

Financial Services Act · PART XII: MISCELLANEOUS

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

87. Exchange of information and mutual assistance (1) Notwithstanding section 83, the Commission may exchange with a supervisory body or any other public sector agency any information relevant to the enforcement of the relevant Acts for the purpose of discharging the functions of that body. (2) Any information given under subsection (1) may be given subject to conditions specified by the Commission, including conditions restricting the use and disclosure of the information imparted. (3) The Commission may, in furtherance of its objects and functions, enter into any agreement or arrangement for the exchange of information with a public sector agency, a foreign supervisory institution, a law enforcement agency or an international organisation, where the Commission is satisfied that the public sector agency, the foreign supervisory institution, the law enforcement agency or the international organisation, as the case may be, has the capacity to protect the confidentiality of the information imparted, in case such a condition of confidentiality is imposed by the Commission. (4) Notwithstanding the Mutual Assistance in Criminal and Related Matters Act and any other enacment, any agreement or arrangement between the Commission and a foreign supervisory body may provide that the Commission shall provide such assistance to the foreign supervisory institution as may be required for the purpose of its regulatory and supervisory functions. [S. 87 amended by s. 17 (f) of Act 14 of 2009 w.e.f. 30 July 2009; s. 19 (g) of Act 27 of 2013 w.e.f. 21 December 2013.]

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