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    CFTC and SARB to Cooperate to Promote Fintech Innovation

    November 02, 2020

    CFTC and SARB signed a Statement of Intent to cooperate and support innovation through each authority’s respective fintech initiative—CFTC’s LabCFTC and SARB’s Fintech Unit. The Statement focuses on information-sharing regarding fintech market trends and developments. It is also designed to facilitate referrals of fintech businesses and the sharing of information and insights derived from each authority’s experiences and relevant events, proofs of concept, trials, or innovation competitions. The arrangement will support both authorities’ efforts to facilitate market-enhancing fintech innovation and ensure international cooperation on emerging regulatory best practices.

    The intent is to initiate cooperation and information sharing between the innovation functions of each authority. Each innovation function of CFTC and SARB intends to act in a manner consistent with the following: 

    • Information Sharing. Subject to applicable domestic laws and regulations and, where appropriate, the innovation functions intend to share information related to fintech. Such information may include, but is not limited to emerging trends and developments pertaining to fintech; innovations in fintech and regulatory issues pertaining to such innovations; experiences with and best practices in engaging with fintech innovation; and activities of domestic and international organizations or bodies that promote innovation in fintech.
    • Support. Each innovation function may provide support to an entity or individual (innovator business) that includes assistance to understand the regulatory framework in the relevant authority’s jurisdiction and the framework’s potential application to the innovator business; assistance to understand the regulatory issues or ambiguity identified; and guidance with respect to any applicable authorization process of the relevant Authority for licensing, registering, approving, or otherwise making an innovator business subject to the Authority’s regulatory requirements.
    • Referrals. An Authority’s innovation function may refer an innovator business to the other Authority’s innovation function where the innovator business meets the referring Authority’s criteria for referral; and consents in writing to disclosure to the other Authority of information about the innovator business. The innovation function receiving the referral should offer support to the innovator business. 
    • Innovation Learning. The innovation functions intend to organize and to invite each other to observe in, and to consider hosting jointly where permitted, events, proofs of concept, trials, or innovation competitions supported by sandboxes, accelerators, launchpads, or similar endeavors related to fintech.

    Keywords: Americas, Middle East and Africa, US, South Africa, Banking, Securities, Fintech, LabCFTC, Information Sharing, SARB, CFTC

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