The Role of the International Organization of Securities Commissions in Cross-Border Enforcement of Securities Laws

Abstract

The International Organization of Securities Commissions (IOSCO) is a recognized international standard setter for securities markets. Development and implementation of an effective global regulatory and enforcement mechanism is one of the organization's major purposes. In 2002, IOSCO introduced the Multilateral Memorandum of Understanding Concerning Consultation and the Exchange of Information. The Memorandum promotes cross-border enforcement of securities laws through strengthening information exchange among securities regulators. This paper examines the reasons that led securities regulators to seek development and implementation of a mechanism for cross-border exchange of information and how IOSCO addressed the main issues of cross-border exchange of information in the Memorandum. In addition, this paper examines the problems of development and implementation of mutual assistance in freezing and repatriation of assets derived from violations of securities laws.