Pursuant to the first paragraph of I of Article L. 214-24-2, the marketing with a passport in a Member State of the European Union other than France of units or shares of AIFs established in a third country by an authorised AIFM established in a third country for which France is the reference Member State is subject to :
1° Compliance by the AIFM with the legislative and regulatory provisions applicable to portfolio management companies;
2° The existence of appropriate cooperation arrangements, designed to monitor systemic risk and complying with international standards, between the Autorité des marchés financiers and the supervisory authority of the third country where the AIF is established, in order to ensure an exchange of information enabling the Autorité des marchés financiers to perform its duties under Books V and VI;
3° That the third country in which the AIFM or AIF is established is not included on the lists published by international bodies involved in the fight against money laundering or terrorist financing of States or territories whose legislation or practices hinder the proper performance of the Financial Action Task Force’s duties;
4° The signature, between the third country in which the AIF is established and France as well as any other Member State in which the units or shares of the third country AIF are to be marketed, of an agreement that complies with the standards set out in Article 26 of the OECD Model Tax Convention on Income and on Capital and guarantees an exchange of information in tax matters, including any multilateral agreement in tax matters.