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Regulation 12 of the International Financial Services Centres Authority (Procedure for Making Regula...
Regulation 12 excludes the prescribed regulatory procedure from internal organisational matters, procedural measures or subsidiary instructions not involving substantive policy changes, coordinated decisions, and specified market integrity or national security interventions. It also covers measures required to meet international agreements or similar arrangements where public consultation serves no meaningful purpose. The Authority must be informed whenever the prescribed procedure is not applied.
Regulation 11 of the International Financial Services Centres Authority (Procedure for Making Regula...
Periodic review is mandated for each regulation made under regulation 3 every five years, unless an earlier review is warranted. The review assesses objectives, outcomes, implementation, enforcement, related litigation, global best practices, relevance in a changed environment, redundancy reduction, and ease of doing business. Where amendment is warranted, it must be made under the procedure in Chapter III.
Regulation 10 of the International Financial Services Centres Authority (Procedure for Making Regula...
Amendments to existing regulations and subsidiary instructions made under regulation 4(2) must comply with the procedural requirements prescribed in Chapter III, subject to regulations 6 and 9. The amendment process therefore applies to both regulations and subsidiary instructions.
Regulation 9 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Regulation 9 authorises dispensation of public consultation where the Authority considers it expedient in the interest of developing and regulating the financial services market. The power may be used where the time required for consultation would defeat the purpose of proposed regulations or result in undue delay in redressing a problem or market failure.
Regulation 8 of the International Financial Services Centres Authority (Procedure for Making Regulat...
The Authority may engage stakeholders through additional mechanisms considered appropriate, establish and consult expert or advisory committees for recommendations on drafting or reviewing regulations and subsidiary instructions, and constitute Independent Thematic Review Committees. Independent Thematic Review Committees may conduct focused, independent evaluations of high-priority regulatory themes, including for Regulatory Impact Assessment, on terms considered fit.
Regulation 7 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public consultation for proposed subsidiary instructions ordinarily requires a minimum period for public comments. The Chairperson may dispense with consultation or reduce that period by recording reasons in writing, with the decision placed before the Authority for information. Comments must be reviewed, and necessary modifications proposed. The modified proposal and comments must be placed before the Authority or its delegated officer for approval. Before issuance, a summary of comments and a general response must be uploaded on the Authority's website.
Regulation 6 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public comments on proposed regulations must ordinarily be invited for at least 21 calendar days. The Chairperson may, for recorded reasons, reduce or dispense with consultation, subject to placing that decision before the Authority. Proposed regulations and public comments must be considered by the Authority, with written reasons for substantial deviations in an approved revised draft. Comment summaries, responses, and justified substantial changes must be published before notification, and substantive changes differing materially from the consultation paper may require repeated consultation.
Regulation 5 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Public comments must be sought before specified regulations or subsidiary instructions are made. Publication of a consultation paper on the Authority's website is required. The paper must state relevant international norms and regulatory best practices, the problem addressed, regulatory intent and objectives, enabling enactment or regulation, draft measures, and the manner, process, and timelines for public comments.
Regulation 4 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Subsidiary instructions may implement the Act and regulations made under it by prescribing requirements for financial products, services or institutions, explaining or clarifying provisions, establishing procedures, and addressing implementation needs. Public consultation under the prescribed process is mandatory before issuing instructions that impose requirements for financial products, services or institutions or outline the meaning, scope or intent of a provision.
Regulation 3 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Regulation-making power is conferred on the Authority to carry out the purposes of the Act. Exercise of that power is subject to compliance with the requirements prescribed under regulations 5 and 6. The framework requires adherence to the stipulated procedure before regulations are made.
Regulation 2 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Defined terms govern the procedure for making regulations and subsidiary instructions. Public comments include consultation responses on proposed regulations, subsidiary instructions, and amendments from persons and market participants. Subsidiary instructions include circulars, guidelines, frameworks, and other instruments approved by the Authority or an authorised delegate. Expressions not defined carry the meanings assigned under the International Financial Services Centres Authority Act, 2019, including statutory modifications or re-enactments.
Regulation 1 of the International Financial Services Centres Authority (Procedure for Making Regulat...
Commencement occurs on publication in the Official Gazette unless a different provision expressly applies. Gazette publication operates as the default trigger for legal effect while allowing a specific provision to prescribe alternative commencement. Regulation 1 addresses the formal short title and commencement, without prescribing detailed procedures for making regulations or subsidiary instructions.
Fourth Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Ser...
TechFin and Ancillary Service Providers in the IFSC must comply with applicable governmental and regulatory requirements, and inform the Authority of material changes affecting their certificate of registration. They must report a promoter's or significant beneficial owner's high-risk FATF-listed home jurisdiction within ten business days, maintain manpower and infrastructure commensurate with operations, and obtain separate registration or authorisation for regulated IFSC activities.
Third Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Serv...
TechFin and Ancillary Service Providers cannot provide non-outsourcable core functions, activities separately regulated under the applicable framework, facility-management services, transport and logistics, construction-related services, or physical-asset management. Facility management includes building maintenance, security, housekeeping, civil, mechanical, electrical and plumbing maintenance, and related outsourced manpower. Other services may be prohibited where they do not constitute arrangements for carrying on specified financial services.
Second Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Ser...
Permitted TechFin Services include cloud computing, cybersecurity, data-centre services, IT infrastructure, regulatory and supervisory technology, payment-system technology, and solutions supporting trade finance and digital banking. Services using artificial intelligence, digital identity and KYC/AML/CFT tools, fraud prevention, distributed ledger technology, internet of things, metaverse technology, quantum technology and Web 3.0 are included. Outsourced services may qualify when permitted for a home-jurisdiction regulated entity, and further services may be permitted from time to time.
First Schedule of the International Financial Services Centres Authority (Techfin and Ancillary Serv...
Permitted ancillary services include professional, outsourcing, governance, compliance, fund-administration, legal, risk-management, trusteeship, valuation, family-office and global-mobility support. Enterprise-governance services cover board effectiveness, policies, disclosures, related-party transactions and shareholders' rights. Risk-management support includes risk identification, analysis, measurement, mitigation, internal-audit support and risk disclosures. The scope also includes specified outsourced services, leasing broking, banking voice broking, limited trusteeship functions, and qualifying training and research support, with further services capable of permission from time to time.
Regulation 20 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Existing Ancillary Service Providers and TechFin entities authorised under the earlier frameworks remain governed by them until receipt of a certificate of registration under the current regulations or until twelve months after commencement, unless extended, whichever occurs first. The earlier ancillary-services and TechFin frameworks cease after twenty-four months from commencement. Prior operation, accrued rights, privileges, obligations, liabilities, penalties, investigations, legal proceedings and remedies remain preserved.
Regulation 19 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Default action may be initiated against a TechFin and Ancillary Service Provider for contravention of applicable regulations, circulars, guidelines or directions. The Authority may take action it considers fit, but must first provide the concerned provider a reasonable opportunity to be heard through written submissions.
Regulation 18 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
Inspection powers permit the Authority, acting on its own motion or on information or a complaint, to appoint one or more Inspecting Authorities to examine a TechFin and Ancillary Service Provider's books of account, records, documents, infrastructure, procedures and systems.
Regulation 17 of the International Financial Services Centres Authority (Techfin and Ancillary Servi...
The Authority may require a TechFin and Ancillary Service Provider to furnish information, documents or records. The provider is under a duty to submit the requested material within the time specified by the Authority.