Article 47 Equivalence determination
1. The Treasury may by regulations determine that the legal and supervisory arrangements of a third country ensure all of the following -
(a) that firms authorised in that third country to provide investment services or perform investment activities comply with legally binding prudential, organisational and business conduct requirements which have equivalent effect to the relevant UK requirements,
(b) that such firms are subject to effective supervision and enforcement ensuring compliance with the applicable legally binding prudential, organisational and business conduct requirements, and
(c) that the legal framework of that third country provides for an effective equivalent system for the recognition of investment firms authorised under third country legal regimes.
1A. For the purposes of paragraph 1(a), the relevant UK requirements are the following, as they apply on the day on which the Treasury makes the regulations -
(a) the requirements set out in this Regulation or in rules made by the FCA under this Regulation;
(b) the requirements set out in Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms;
(c) the requirements set out in CRR rules (as defined in section 144A of FSMA);