In the spirit of uniformity, MTRA members executed the cooperative
interstate exam-
ination agreement below for the effective and efficient regulation
of money transmitters. |
MONEY TRANSMITTER REGULATORS
COOPERATIVE AGREEMENT
January 23, 2002
ARTICLE 1. DEFINITIONS
For the purposes of this Agreement:
1. “Enforcement action” means any action taken by the appropriate
regulatory authority whether civil, criminal, or administrative, to
enforce applicable laws or regulations pursuant to its jurisdiction.
2. “Licensing state” means any state where a money transmitter
is licensed.
3. “Lead state supervisor” means the state supervisor that
takes a lead responsibility for an assigned money transmitter to the
extent contemplated by this agreement.
4. “Money transmitter” means those entities as defined by
appropriate state law which sell or issue payment instruments or transmit
funds by wire or other means.
5. “Multi-state money transmitter” means a money transmitter
that engages in the business of a money transmitter in two or more licensing
states.
6. "State supervisor" means the state regulator with jurisdiction
over the licensing and regulation of money transmitters.
7. “Supervisory information” means all information and reports
compiled or drafted in the ordinary course of supervising and examining
a money transmitter.
ARTICLE 2. STATEMENT OF PURPOSE
Section 2.1. Goals.
The purpose of this agreement is to promote a nationwide framework for
cooperation and coordination among state money transmitter regulators
that have concurrent jurisdiction over a regulated entity in a manner
that conserves regulatory resources and minimizes the regulatory burden
on supervised entities, consistent with each state attaining its supervisory
objectives.
Section 2.2. Responsibilities.
The state supervisors sharing regulatory responsibility for a multi-state
money transmitter will request one state supervisor to be the lead state
supervisor of each multi-state money transmitter that the state supervisors
determine should be supervised pursuant to this Agreement. State supervisors
selected as lead state supervisors should indicate as soon as practical
whether each assignment is accepted.
The lead state supervisor will act as a primary point of contact to
the extent contemplated by this Agreement. The parties recognize that
each state supervisor has the responsibility to monitor money transmitters
that operate in the state supervisor’s respective state and to
ensure that those transmitters are operating in compliance with applicable
state law within the state supervisor’s jurisdiction. The lead
state supervisor assumes no responsibility for the regulation or activities
of multi-state money transmitters outside of the lead state. The lead
state supervisor’s role of coordinating regulatory efforts is
meant to assist state supervisors in fulfilling their own regulatory
responsibilities. Each licensing state recognizes that whatever assistance
or information it may receive from this Agreement is meant to benefit
the state system as a whole and that each state supervisor remains solely
responsible for the decision to rely on such assistance or information
and the consequences thereof in that licensing state. Accordingly, to
the extent allowed by state law, each licensing state agrees not to
institute any type of action, either informal or formal, against a lead
state with regard to matters addressed under this Agreement. The parties
will cooperate to ensure that their respective material interests, authorities
and responsibilities are met.
ARTICLE 3. INFORMATION SHARING
Section 3.1. Request for Information.
A state supervisor may request from another state supervisor supervisory
information regarding a money transmitter that operates or proposes
to operate in both states. The request shall be made in writing by the
requesting state supervisor or the supervisor's designee.
A request should be specific as to the documents or information sought.
The state supervisor shall limit its use of information obtained under
this Agreement to purposes related to its supervisory authority.
Section 3.2. Providing Information.
To the extent permitted by law, state supervisors shall comply with
a request for supervisory information within a reasonable time.
Section 3.3. Confidentiality.
Supervisory information shared under this Agreement is confidential
unless otherwise specified by the originating authority. To the fullest
extent permitted by law, the parties will give the same confidential
treatment to information obtained pursuant to this Agreement that is
provided by the laws of the originating authority.
Supervisory information shared under this Agreement is the property
of the originating authority. It shall not be further disclosed by the
recipient without the written permission of the originating authority,
which shall apply its state law in determining to authorize such further
disclosure. When its regulatory usefulness has ended, supervisory information
obtained under this Agreement should be returned or destroyed unless
the originating authority directs otherwise, and as permitted by applicable
state record retention requirements.
In the event of termination of this Agreement, the signatory state supervisors
agree that confidential information received remains confidential and
will continue to be protected under the terms of this Agreement.
Section 3.4. Legal Process
On receipt of any legal process or request pursuant to a state’s
public information statute compelling record production, a state supervisor
shall immediately notify the originating authority. The state supervisor
shall use its best efforts in providing the originating authority an
opportunity to challenge the release of the information. Lead state
and licensing state supervisors shall cooperate in the preparation of
any memoranda, request for protective order or pleadings deemed desirable
by the originating authority to protect the confidentiality of supervisory
information.
ARTICLE 4. RESPONSIBILITY FOR EXAMINATION
Section 4.1. Role of Lead State Supervisors.
To promote a single point of contact, the lead state supervisor shall
be responsible for examining or coordinating the examination of all
the money transmitters assigned to and accepted by the lead state. The
lead state supervisor may, and is encouraged to, request the assistance
of other licensing state examiners to assist in a joint examination
of a multi-state money transmitter.
The lead state supervisor shall give notice to each relevant and known
licensing state supervisor, who is a signatory of this Agreement, of
the time and scope of an upcoming examination of a multi-state money
transmitter. In determining when to request the assistance of the licensing
state supervisors for such examinations, the lead state supervisor shall
consider the efficiency of the examination and the interests of the
regulatory system. The lead state is encouraged to include in joint
examinations as broad a participation of licensing states examiners
as is practical. However, any licensing state may perform its own examination
concurrent with the lead state's examination, or in the alternative,
at any other time if the licensing state examination cannot be scheduled
concurrently with the lead state’s examination.
The lead state supervisor shall designate the examiner-in-charge of
such examination. The examiner-in-charge shall designate the responsibilities
of each examiner. The examiners shall perform the responsibilities designated
and promptly report the findings to the examiner-in-charge in the form
requested, together with supporting work papers.
The lead state supervisor shall prepare the examination findings and
advise the licensing state supervisors of the findings along with any
appropriate recommendations.
Section 4.2. Role of Licensing State Supervisors.
The licensing state supervisors shall provide the lead state supervisor
with guidance on the application of licensing state laws and regulations
as necessary.
When requested by the lead state supervisor, the licensing state examiners
may assist in joint examinations of multi-state money transmitters and
participate in discussions with management. Licensing state supervisors
may also perform examinations and/or engage in discussions with management
concurrent with the lead state or at such other time as it desires if
a concurrent examination and/or discussion cannot be scheduled.
The licensing state supervisors may keep copies of examination findings
and supporting work papers they create while participating in the lead
state supervisor's examination. Before disclosing any supervisory information,
the licensing state supervisors shall immediately notify the lead state
supervisor of any legal process or other requests for supervisory information
created while participating in the examinations. To provide the lead
state supervisor with the opportunity to challenge the release of such
supervisory information, the parties shall proceed in accordance with
Section 3.4 of this Agreement.
A licensing state supervisor shall advise the lead state supervisor
whenever the licensing state supervisor has reasonable cause to believe
an examination of a multi-state money transmitter is necessary. If the
lead state supervisor cannot conduct or coordinate the examination in
a reasonable time, the licensing state supervisor may conduct the examination.
A licensing state supervisor who conducts an examination under this
provision shall, to the extent practical, observe the provisions of
this Agreement otherwise governing a lead state supervisor conducting
an examination.
Section 4.3. Planning and Scheduling.
The lead state supervisor, in consultation with licensing state supervisors,
shall schedule its regular examinations of assigned multi-state money
transmitters. Each lead state supervisor shall furnish its schedule
for examinations to each relevant licensing state supervisor together
with the lead state supervisor's anticipated request for licensing state
supervisors’ assistance in conducting the examinations. To the
extent permitted by state law, licensing states should inform the lead
state of licensing state laws or issues that the lead state may wish
to incorporate into the examination or whether such licensing state
intends to perform its own examination .
Section 4.4. Efficient Use of State Resources.
If the lead state supervisor determines to involve the licensing state
supervisor(s) in an examination, to facilitate efficiencies in the examination
the supervisors may enter into separate agreements governing the sharing
of resources and compensation for services rendered to the extent permitted
by the laws of their respective jurisdictions.
ARTICLE 5. ENFORCEMENT ACTIONS
Section 5.1. Lead State Notification and Action.
The lead state supervisor in consultation with licensing state supervisors
shall use its best efforts to coordinate, to the degree the lead state
deems appropriate, enforcement actions against a multi-state money transmitter.
The lead state supervisor shall use its best efforts to notify all relevant
licensing state supervisors of any enforcement action, formal or informal,
taken against a multi-state money transmitter to the fullest extent
permitted by law. If possible, notification by the lead state supervisor
will be given in advance of the enforcement action. The lead state and
licensing states are encouraged to coordinate enforcement actions to
the extent permitted by applicable law and in consideration of the interests
of the regulatory system.
Section 5.2. Actions by Licensing State.
Notwithstanding Section 5.1., the licensing state supervisor may, upon
reasonable notice to the lead state supervisor, take any enforcement
action against a multi-state money transmitter, permitted under licensing
state law.
ARTICLE 6. APPLICABLE LAWS
The parties recognize that neither lead nor licensing state supervisors
may be empowered to waive provisions of their respective laws directly
applicable to multi-state money transmitters. To the extent consistent
with lead and licensing state laws, the parties agree to make efforts
to apply their respective laws and regulations in a manner that will
promote consistency throughout the state system in order to reduce regulatory
burden while maintaining effective and efficient regulation and supervision.
ARTICLE 7. APPLICATIONS
Section 7.1. Approval Authority.
The licensing state supervisor shall have approval authority over all
applications in such licensing state for a money transmitter license
or for such other money transmitter activities that may be granted.
ARTICLE 8. PARTIES
Section 8.1. Representations and Warranties.
Consistent with state law, state supervisors may enter into this agreement
and shall be deemed to be acting within the scope of the signatory state
supervisor's authority.
Section 8.2 Change in Power or Authority.
Any material change in the authority of any signatory state supervisor
to perform this Agreement shall require notice of such change to the
other signatory state supervisors.
ARTICLE 9. EXECUTION, GOOD FAITH EFFORT, OTHER AGREEMENTS AND TERMINATION
Section 9.1 Execution.
The terms of this Agreement shall become effective when a state supervisor
has executed the original or a counterpart signature page. Additional
parties may sign after the initial execution of this document.
As soon as practicable after signing this Agreement, each state supervisor
will advise the other signatories of the appropriate officials to contact
for purposes of notices and exchanges of information covered by this
Agreement and will update such information as appropriate.
Section 9.2. Good Faith Effort.
The parties will make all good faith efforts to achieve the goals of
this Agreement and to encourage cooperation.
Section 9.3. Other Agreements.
This Agreement is not intended to prevent the parties from entering
into other agreements with individual parties, other supervisors, or
individual money transmitters regarding the subject matter of this Agreement.
Section 9.4. Amendment and Termination.
This Agreement may be amended by a written instrument signed by each
of the signatory state supervisors.
Any party to this Agreement may withdraw from the Agreement by giving
written notice of withdrawal to all other parties. The withdrawal of
any party shall end the participation of the respective signatory state
supervisor 90 days after the date of withdrawal unless the remaining
parties waive the 90 day notice period.
ARTICLE 10. MISCELLANEOUS
Section 10.1. Waiver.
The waiver by any state supervisor of the performance of any provision
of this Agreement shall not invalidate this Agreement, nor shall it
be considered a waiver of any other provision.
Section 10.2. Survival.
This Agreement shall survive any change in the state supervisor that
has jurisdiction over any money transmitter.
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