Implement MiFID II / MiFIR enforcement and product intervention regime under Articles 69-72 MiFID II + Articles 40-43 MiFIR. NCA supervisory powers Article 69 MiFID II including investigation + on-site inspections + suspend authorisation + cease and desist + freeze assets + temporary ban on management + intervention in commodity derivatives. Article 70 administrative sanctions including: cease and desist + public censure + withdrawal of authorisation + ban on management + monetary administrative sanctions up to maximum of EUR 5,000,000 for individuals + EUR 5,000,000 or 10% of total annual turnover for legal persons (whichever higher) + twice the amount of profits gained or losses avoided + ESMA may apply administrative sanctions to specific firms. Criminal sanctions where Member States choose. Article 71 mandatory publication of decisions including identity of person sanctioned + nature of breach (anonymised on case-by-case basis). Article 72 right of appeal to independent administrative or judicial bodies. ESMA powers MiFIR Article 40 product intervention - temporarily prohibit or restrict marketing distribution or sale of specific financial instruments + financial activities or practices in EU due to significant investor protection concern + threat to orderly functioning of financial markets + Article 41 binary options + Article 42 NCA product intervention powers including ESMA non-binding opinion. Article 43 cross-border supervisory cooperation. National Competent Authorities (NCAs) MoU + ESMA Q&A + ESMA Guidelines. Whistleblowing Article 73 + protection of reporting persons. Cooperation with third-country authorities Article 88.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.