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Cross-Border Supervisory Cooperation and MOUs for Money Service Businesses (MSBs) Oversight

Financial Regulation and Operational Excellence November 30, 2025
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Introduction

Money Service Businesses (MSBs) inherently operate across multiple jurisdictions, making **Cross-Border Supervisory Cooperation** essential for effective and holistic oversight, particularly concerning Anti-Money Laundering/Counter-Terrorist Financing (AML/CFT) risks. This specialized course provides a practical guide to establishing and operationalizing the necessary legal and procedural frameworks for cooperation. Participants will learn how to draft, negotiate, and execute **Memoranda of Understanding (MOUs)**, manage complex information sharing requests, and coordinate joint supervisory actions. The program emphasizes adherence to confidentiality and data protection laws while maximizing the effectiveness of multi-jurisdictional AML oversight, as mandated by the Financial Action Task Force (FATF).

Objectives

Upon completion of this course, participants will be able to:

  • Apply the **FATF principles and guidelines** for cross-border cooperation and information sharing regarding AML/CFT supervision.
  • Draft, negotiate, and execute comprehensive **Memoranda of Understanding (MOUs)** and bilateral agreements for supervisory cooperation on MSBs.
  • Master the legal requirements and protocols for handling and responding to **requests for supervisory information** from foreign counterparts.
  • Establish clear procedures for maintaining **confidentiality and data protection** when sharing sensitive supervisory information across borders.
  • Develop and coordinate joint **on-site examinations and supervisory meetings** for international MSB groups and their global agent networks.
  • Understand the legal challenges, conflict of laws, and policy limitations when attempting to enforce foreign regulatory actions.
  • Formulate an internal framework for assessing the adequacy of **foreign supervisory regimes** and relying on their oversight in the home/host context.
  • Analyze the role of international bodies (e.g., FSB, Egmont Group) in facilitating cross-border supervisory dialogue and cooperation.

Target Audience

  • AML/CFT Supervisors and Examiners focused on International/Cross-Border MSBs.
  • Legal Counsel and Policy Staff at Regulatory Authorities dealing with International Agreements.
  • Compliance and Governance Officers at International MSB Head Offices.
  • Financial Intelligence Unit (FIU) Liaison Officers and Analysts.
  • Senior Management involved in International Regulatory Relations.

Methodology

  • MOU Drafting and Negotiation Role-Playing Exercises
  • Case Studies on Information Sharing Failures and Cross-Border Enforcement Challenges
  • Group Activities on Designing a Joint On-Site Examination Protocol for an International MSB
  • Expert Lectures on FATF Information Sharing Guidelines and Data Protection Law
  • Workshops on Confidentiality Protocols and Responding to Foreign Supervisory Requests
  • Individual Exercises on Analyzing a Foreign Supervisory Regime's Adequacy for Reliance

Personal Impact

  • Development of specialized, high-level expertise in cross-border supervisory law, negotiation, and cooperation.
  • Enhanced ability to draft, negotiate, and execute legally sound and effective international agreements (MOUs).
  • Improved strategic understanding of the international AML/CFT supervisory landscape and FATF requirements.
  • Acquisition of valuable skills in data confidentiality, legal review, and coordinating complex multi-jurisdictional activities.
  • Increased professional credibility as a certified expert in international regulatory affairs.
  • Better decision-making on relying on and collaborating with foreign supervisors.

Organizational Impact

  • Significant strengthening of the **AML/CFT oversight** of cross-border MSBs and international financial flows.
  • Enhanced ability to conduct holistic, comprehensive **supervisory examinations** of international MSB groups.
  • Establishment of a legally sound, effective framework for **information sharing** and joint action with foreign regulators.
  • Mitigation of regulatory gaps and arbitrage by increasing the consistency of cross-border supervision.
  • Better compliance with the mandatory **FATF recommendations** on international cooperation.
  • Reduced risk of MSB failure and illicit finance activity through coordinated enforcement.

Course Outline

Unit 1: The Rationale and Framework for Cooperation

International Imperative:
  • The necessity of cooperation: MSBs' cross-border nature, money laundering risk, and the FATF mandate.
  • Defining the legal authority and statutory basis for a supervisor to share information internationally.
  • Review of the **FATF recommendations** on information sharing and cross-border cooperation.
  • The concept of home-host supervision and the delineation of responsibilities for international MSBs.
  • The role of international organizations (e.g., International Organization of Securities Commissions - IOSCO, Basel Committee) in promoting cooperation.

Unit 2: Drafting and Negotiating Memoranda of Understanding (MOUs)

The Legal Basis:
  • Structuring a typical **MOU** for supervisory cooperation (e.g., scope, permitted uses, confidentiality clauses).
  • Key clauses for negotiation: information sharing protocols, legal challenges, and conflict resolution mechanisms.
  • Protocols for engaging with foreign counterparts to assess their need for and ability to protect shared information.
  • Managing the internal and governmental approval process for signing and executing MOUs.
  • Legal considerations regarding the use of shared information in enforcement actions.

Unit 3: Information Sharing and Confidentiality

Protocols and Privacy:
  • Developing clear internal protocols for receiving, processing, and responding to **information requests** from foreign supervisors.
  • Establishing strict controls to ensure the **confidentiality and data protection** (e.g., GDPR compliance) of shared supervisory data.
  • Protocols for sharing sensitive enforcement or investigation-related information with foreign counterparts.
  • Managing the challenge of sharing proprietary data and ensuring its use aligns with the MOU's scope.
  • Case studies on information sharing disputes and the protection of national interests.

Unit 4: Coordination of Supervisory Activities

Joint Oversight:
  • Protocols for coordinating and conducting **joint on-site examinations** of international MSB head offices and branches.
  • Strategies for harmonizing supervisory calendars and risk assessment methodologies across jurisdictions.
  • Protocols for sharing the results of a joint examination and agreeing on common supervisory findings.
  • The role of supervisory colleges or standing groups for major international MSB groups.
  • Managing the challenges of language, time zones, and different legal standards during joint activities.

Unit 5: Legal Challenges and Future Trends

Enforcement and Resolution:
  • Analyzing the legal barriers and challenges (e.g., blocking statutes) to effective cross-border cooperation.
  • Protocols for relying on the supervisory actions or enforcement decisions of a foreign jurisdiction.
  • Future trends: using **SupTech and shared data platforms** to facilitate real-time, cross-border information exchange.
  • The impact of virtual asset service providers (VASPs) on the need for new types of cross-border cooperation.
  • Developing a strategy for continuous engagement and relationship building with key foreign counterparts.

Ready to Learn More?

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Upcoming Sessions

23 Feb

Sharm El-Sheikh

February 23, 2026 - February 27, 2026

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16 Mar

Lisbon

March 16, 2026 - March 20, 2026

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