SUP 13A.6A Enhanced supervision of EEA firms passporting under the IDD

1. (1)

   1The split of responsibility (between Home and Host States) for ensuring compliance with IDD requirements is as follows.

   1. (a)

      For incoming EEA branches:

      1. (i)

         the Host State is responsible in relation to the obligations in Chapter V (Information requirements and conduct of business rules) and Chapter VI (Additional requirements in relation to insurance-based investment products) (see article 7(2) of the IDD); and

      2. (ii)

         the Home State is responsible in relation to all other obligations.

   2. (b)

      For EEA firms providing cross border services, the Home State is responsible in relation to all IDD obligations.

2. (2)

   However, under article 7(1) of the IDD, if an IDD insurance intermediary’s primary place of business is in a Host State, the Host and Home State regulators may agree that the Host State regulator will act as if it were the Home State regulator with regard to certain provisions. Those provisions are Chapters IV (Organisational requirements), V (Information requirements and conduct of business rules), VI (Additional requirements in relation to insurance-based investment products) and VII (Sanctions and other measures) of the IDD. This sort of Home and Host State regulator agreement is referred to as an Article 7(1) IDD Agreement.

1Where the FCA is a Host State regulator it may enter into an article 7(1) IDD Agreement in respect of an incoming EEA firm. The FCA is given this power by section 203A of the Act subject to the conditions set out in that section. If the FCA enters into such an agreement, the EEA firm will be subject to enhanced supervision by the FCA to the extent specified in the agreement.