This page outlines the GFSC's powers and provides a description of the process through which regulatory co-operation with regulators worldwide can be achieved.
As financial services markets become increasingly global, complex and sophisticated in nature the opportunities for cross-border crime and other illicit activities has grown. In light of these trends, there is a need for increased international co-operation amongst financial services regulators to combat, in particular, financial crime.
Regulatory co-operation is vital in that it allows authorities to effectively supervise international financial institutions as well as to be able to move speedily to protect the financial system and consumers from criminal and other illicit activities.
The GFSC may disclose information to an overseas regulatory authority necessary to enable that authority to exercise its regulatory functions, including the conduct of civil or administrative investigations or enforcement proceedings, to enforce laws or regulations administered by the authority provided that;
- the GFSC's CEO has satisfied themselves that the intended recipient overseas authority is subject to adequate legal restrictions on further disclosures which must include a provision of an undertaking of confidentiality;
- the CEO receives an undertaking from the recipient foreign regulatory authority not to disclose the information provided without the consent of the GFSC;
- the CEO is satisfied that the request for assistance by the foreign regulator is required for the purposes of the foreign regulator’s statutory functions, including the conduct of civil or administrative investigations or enforcement proceedings, to enforce laws or regulations administered by the authority.
The written request for assistance should be in English and include the following information
- details of the person(s) from whom the information is to be requested;
- details of the person(s) in relation to which the information is being requested;
- summary of the nature of the information required;
- summary of the matter in relation to which the information is being requested;
- The following must also be provided:
- if the information is intended to be shared with other parties, the identity of the third party with whom the information will be shared; or
- an undertaking from the foreign regulatory authority that it will not disclose the information without the expressed prior written consent of the GFSC.
Where this is the first request made by the requesting Authority to the GFSC, the following must also be included;
- a summary of the functions of the foreign regulator requesting the information; and
- copies of the provisions in the foreign regulator’s laws and regulations which establish that the authority is subject to confidentiality provisions which prevents further disclosure of the information;
The request should be addressed to:
Gibraltar Financial Services Commission
PO Box 940 Suite 3, Ground Floor
Atlantic Suites Europort Avenue
Should a request for information be incomplete the GFSC will write back to the requesting authority requiring it to provide the necessary information or undertaking omitted in its original request.