Regulation 57 Marketing of third country AIFs managed by full-scope UK AIFMsF1F12

a third country AIF, or

a UK AIF or F2a Gibraltar AIF that is a feeder AIF, the master AIF of which is either managed by a third country AIFM or is a third country AIF, and

a full-scope UK AIFM; or

a full-scope F4Gibraltar AIFM.

subject to paragraph (5), the AIFM complies with the requirements of F5the Financial Services and Markets Act 2000, these Regulations, any EU tertiary legislation made under the directive which forms part of F6assimilated law and rules made by the FCA;

appropriate cooperation arrangements for the purpose of systemic risk oversight and in line with international standards are in place between the FCA (in the case of a UK AIFM) or F7the Financial Services Commission of Gibraltar (in the case of a Gibraltar AIFM), and the supervisory authorities of the relevant third country, in order to ensure an efficient exchange of information that enables the FCA F8or the Financial Services Commission of Gibraltar to carry out its duties in accordance with F9these Regulations or the Financial Services (Alternative Investment Fund Managers) Regulations 2013 of Gibraltar;

the relevant third country is not listed as a Non-Cooperative Country and Territory by the Financial Action Task Force.

ensures that one or more entities, other than the AIFM, are appointed to carry out the duties mentioned in F11rules 3.11.4(2), 3.11.20, 3.11.21, 3.11.23 and 3.11.25 of the Investment Funds sourcebook (a “third country AIF custodian”); and

informs the FCA about the identity of such entities.

in the case of a third country AIF, the country where the AIF is established; and

in a case falling within paragraph (1)(b), the country where the master AIF is established.