(1) The Federal Institute may agree with the competent authorities of third countries that
1. sections 310 and 311 apply correspondingly to units in foreign AIF established and managed in the third country in accordance with the requirements of Directive 2009/65/EC, insofar as these AIF are to be marketed within the scope of this Act, and
2. sections 312 to 313a apply correspondingly where units in domestic UCITS are to be marketed in the territory of the third country. Section 310 applies with the proviso that, in addition to the certificate under section 310(1), first sentence, point 2, a certificate from the competent authority of the third country must also be transmitted, stating that the notified AIF is managed in accordance with Directive 2011/61/EU.
(2) The Federal Institute may conclude the agreement under subsection (1) only where
1. the requirements of Directive 2009/65/EC have been correspondingly transposed into the law of the third country and are publicly supervised,
2. the Federal Institute and the competent authorities of the third country have concluded, or will conclude concurrently with the agreement under subsection (1), an agreement within the meaning of Article 42(1)(b) in conjunction with (3) of Directive 2011/61/EU,
3. the third country is not, under Article 42(1)(c) of Directive 2011/61/EU, on the list of non-cooperative countries and territories drawn up by the Financial Action Task Force,
4. reciprocal market access is granted under comparable conditions, and
5. the agreement under subsection (1) is limited to such foreign AIF of the third country in which both the AIF and the manager have their seat in that third country, and that are managed in accordance with Directive 2011/61/EU.
(3) The provisions of this Act that an EU UCITS management company must observe when it markets units in an EU UCITS within the scope of this Act apply correspondingly to foreign AIF whose units are marketed within the scope of this Act in accordance with subsection (1); in particular, section 35(3) to (5) of the Securities Trading Act and sections 297, 298, and 301 to 306 and 309 apply correspondingly. In addition, Article 42(1)(a) in conjunction with Articles 22, 23, and 24 of Directive 2011/61/EU applies to the marketing of the foreign AIF.
(4) The Federal Institute publishes the agreement under subsection (1) on its website without delay after its entry into force. On publication, the provisions named in subsection (3) apply. The agreement under subsection (1) ceases to have effect from the date referred to in section 295(2), point 1.
Subdivision 2
Provisions on the Marketing and Acquisition of AIF in relation to Retail Investors and on the Marketing and Acquisition of UCITS