Australia and US partner on securities regulation

26 August 2008
| By Benjamin Levy |

Richard Gilbert

The Australian Government has signed an agreement with the United States Securities and Exchange Commission (SEC) regarding regulatory exemptions to allow US and Australian stock exchanges and brokerages to operate in both countries without being separately regulated.

When the agreement is implemented, the exemptions will allow Australian stock exchanges and brokers regulated by the Australian Securities and Investments Commission (ASIC), to offer their services to certain types of US investors and firms without being subject to most SEC regulations. Similarly, US stock exchanges and brokers can offer their services to Australian financial firms and wholesale investors.

The Investment and Financial Services Association (IFSA) has welcomed the announcement, believing it furthers Australia’s goal of becoming a world financial services hub.

“The signing of this historic agreement in Washington is yet another clear indication from the Australian Government that it is committed to positioning Australia as an international financial centre,” said the chief executive of IFSA, Richard Gilbert.

ASIC chairman Tony D’Aloisio said: “This arrangement reflects the importance of promoting the freer flow of capital in providing wider investment opportunities for Americans and Australians where sound market integrity and investor protection regulatory regimes are in place.”

A key element of the agreement is an Enhanced Enforcement Memorandum of Understanding that allows greater regulatory co-ordination between ASIC and the SEC. It will apply to all Australian and US market activity.

Ethiopis Tafara, the director of the SEC Office of International Affairs, said: “Over the past several years and continuing to this day, there has been increased interest by US investors in foreign securities. The SEC-Australia mutual recognition agreement recognises this investor interest and serves as a pilot exercise in building a cross-border regulatory infrastructure to address the increasing globalisation of our securities markets.”

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