Financial Services and Markets Authority (FSMA. In accordance with Article 74 of the law of 2 August 2002, the FSMA is bound by professional secrecy and may not disclose to any person or authority any confidential information that has come to their knowledge in the performance of their duties. Without prejudice to this professional secrecy and without prejudice to the application of more restrictive provisions of European Union law that are directly applicable, the FSMA may communicate confidential information in the following cases: • If the communication of such information is prescribed or authorized by or pursuant to the law of 2 August 2002 and the laws that govern the mission of the FSMA; • During a testimony in court in criminal matters; • For reporting criminal offences to the judicial authorities, on the understanding that Article 29 of the Code of Criminal Procedure shall not apply to the persons referred to in the first paragraph; • In the context of administrative or judicial appeal proceedings against the actions or decisions of the FSMA and in any other legal proceedings to which the FSMA is a party; • In summary or collective form so that individual natural or legal persons cannot be identified. By way of derogation from Article 74, Article 75 lists all entities to which the FSMA, within the limits of the law of the European Union, may communicate confidential information. For the relevance of this MoU, these include, e.g.: • the European Central Bank and other central banks and institutions with a similar mission to monetary authorities and public authorities responsible for supervising the payment and settlement systems (Art. 75, 1°); • Competent authorities of other Member States of the European Economic Area exercising one or more powers comparable to those referred to in Article 45 (art. 75, 3°); • Competent authorities of third States exercising powers comparable to those referred to in Article 45 and with which the FSMA has concluded a cooperation agreement for the exchange of information (Art. 75, 4°); • Central counterparties or central securities depositories authorized to provide clearing or settlement services for transactions in financial instruments carried out on a Belgian organized market, if the FSMA considers that the communication of the information in question is necessary to safeguard the regular functioning of those institutions against failures, even potential ones, on the part of the market participants on the market in question (Art. 75, 7°); • To ESMA, EIOPA, and...
Financial Services and Markets Authority (FSMA. Central Securities Depositories (‘CSD’) According to Article 23bis of the law of 2 August 2002, the FSMA supervises central securities depositories established in Belgium with respect to compliance with the rules referred to in Article 45, §1, 1°, and with respect to compliance with the rules guaranteeing the fair, equal and professional treatment of participants and their clients. As such, the FSMA supervises the compliance by central securities depositories established in Belgium of Articles 26(3), 29, 32 to 35, 38, 49 and 53 of CSDR. Furthermore, the FSMA is the competent market authority to supervise compliance with Articles 3(1) and (2) first paragraph, 5(2) and 6(1) and (2) of Title II of CSDR. Without prejudice to the powers of the NBB, the FSMA has also competence to ensure compliance with Articles 6 (3) and (4) and Article 7 of Title II of CSDR. - Institution providing support to Central Securities Depositories According to Article 23ter of the law of 2 August 2002, the FSMA also supervises the institutions that provide support to central securities depositories established in Belgium, with respect to its powers as referred to in Article 45, §1, 1°, and with respect to compliance with the rules that must guarantee the fair, equal and professional treatment of participants and their customers.
