MiCA Article 107 cooperation with third countries
A source-backed, conservative evidence checklist for CASPs, cross-border teams, advisers, brokers, insurers, auditors, and internal-risk owners preserving third-country supervisory cooperation context under MiCA Article 107.
Last reviewed · We re-read every article when ESMA, the EBA, or an NCA publishes guidance that changes it.
What Article 107 changes operationally
Cooperation with third countries: ESMA’s Interactive Single Rulebook publishes Regulation (EU) 2023/1114 Article 107 with the title “Cooperation with third countries”. The public text covers competent authorities of Member States concluding cooperation arrangements, where necessary, with supervisory authorities of third countries for information exchange and enforcement of obligations under MiCA in those third countries.
Public Article 107 text says those arrangements should ensure at least efficient information exchange so competent authorities can carry out their duties. It also says a competent authority should inform EBA, ESMA, and other competent authorities where it intends to conclude such an arrangement; ESMA, in close cooperation with EBA, facilitates and coordinates development of arrangements and exchange of information where possible; and information exchange with third-country supervisory authorities is tied to professional-secrecy guarantees at least equivalent to Article 100.
This page is a record-preparation checklist. It is not a legal interpretation, cross-border filing instruction, reverse-solicitation opinion, authorisation shortcut, supervisory-response instruction, provider endorsement, broker recommendation, or assurance about any firm, authority, third-country arrangement, information exchange, enforcement route, service, Member State, third country, secrecy guarantee, or fact pattern.
Article 107 third-country cooperation evidence map
Arrangement inventory
Track third-country supervisory authority name, Member State competent authority, arrangement status, source URL, retrieval date, subject matter, information-exchange scope, enforcement context, owner, and unresolved external-advice questions.
Notification and coordination trail
Preserve records showing whether EBA, ESMA, and other competent authorities were referenced in public material, plus ESMA/EBA coordination sources, templates or RTS references where relevant, and source-capture dates.
Professional-secrecy boundary
Connect each third-country information-exchange record to Article 100 professional-secrecy handling notes, confidentiality assumptions, legal-review gates, and any personal-data or business-information minimisation questions.
Operating-model handoffs
Link third-country cooperation context to Article 61 reverse-solicitation records, Article 65 cross-border services, Article 95/96 cooperation files, Article 98 other-authority maps, and Article 109 register hygiene where relevant.
Broker, insurer, partner, and internal-risk diligence questions
- Source: Which public competent-authority, ESMA, EBA, third-country authority, arrangement, RTS, source URL, retrieval date, and jurisdictional scope is being relied on?
- Information exchange: What categories of business, operational, client, transaction, custody, governance, or supervisory-response records could be implicated by the third-country cooperation context?
- Controls: Who owns source monitoring, authority-route mapping, professional-secrecy notes, legal-review handoffs, cross-border service assumptions, and register implications?
FAQ
What does MiCA Article 107 cover?
Article 107 is publicly titled “Cooperation with third countries”. Public text covers cooperation arrangements between Member State competent authorities and third-country supervisory authorities, plus ESMA/EBA coordination where possible.
Why does Article 107 matter for CASP evidence packs?
Cross-border operating models, third-country touchpoints, reverse-solicitation assumptions, and supervisory-response files can all depend on clean source records. A practical evidence pack should preserve authority identity, source URL, retrieval date, information-exchange scope, professional-secrecy handling, and unresolved external-advice questions.
Does this page decide whether a third-country cooperation arrangement applies?
No. This page does not decide applicability, authority competence, enforcement effect, secrecy equivalence, service permissions, reverse-solicitation status, or cross-border filing obligations. It helps teams preserve source-backed records for qualified legal, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.