MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES 


FEDERAL TRADE COMMISSION AND THE ROYAL CANADIAN MOUNTED POLICE 


ON MUTUAL ENFORCEMENT ASSISTANCE IN CONSUMER FRAUD MATTERS 


The United States Federal Trade Commission ("FTC") and the Royal Canadian 

Mounted Police ("RCMP") hereinafter referred to as the "Participants", 

RECOGNIZING that fraudulent and deceptive commercial practices victimizing 

consumers cause significant financial harm, and undermine the integrity of both 

domestic and global consumer markets; 

RECOGNIZING that the enforcement challenges of combatting such practices go 

beyond national frontiers and that cooperation between national authorities is 

essential to fight such practices; 

RECOGNIZING that cross-border fraud and deception often involve violations of 

both criminal and civil laws, and that cooperation between civil and criminal 

enforcement bodies may effectively help address and deter such unlawful 

conduct; 

RECOGNIZING that coordination between civil and criminal agencies may 

provide complementary approaches to serious economic crime, including mass 

marketing fraud, through information and intelligence sharing and cooperative 

enforcement; and 

RECOGNIZING that the Participants have already worked together to combat 

consumer fraud, including as part of the Montreal-based Centre of Operations 

Linked to Telemarketing Fraud ("COLT") and other strategic partnerships based 

in Alberta, British Columbia, Ontario and Saskatchewan, and through the 

RCMP's use of the FTC's Consumer Sentinel Network as an investigative tool; 

HAVE REACHED THE FOLLOWING UNDERSTANDING: 

1. Definitions 

For the purposes of this Memorandum of Understanding ("Memorandum"), 

"Applicable Laws" means the laws, acts, and regulations identified in Annex 1, 

and such other laws, acts, or regulations that the Participants may from time 

to time jointly identify in writing. 

"Covered Violation" means practices that violate the Applicable Laws of one 

Participant and that are the same or substantially similar to practices 

prohibited by the Applicable Laws of the other Participant. 

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"Evidence" means information, testimony, statements, documents or copies 

thereof, or other things, that are obtained in anticipation of or during the 

course of an investigation or proceeding under the Participants' respective 

Applicable Laws. 

"Material" means documentary material (the original or copy of any book, 

record, report, memorandum, paper, communication, tabulation, chart or 

other document), information, tangible things, written reports or answers to 

questions, and transcripts of oral testimony. 

"Person" means any natural person or legal entity, including corporations, 

unincorporated associations, and partnerships. 

"Request" means a request for assistance under this Memorandum. 

"Requested Participant" means the Participant from which assistance is 

sought under this Memorandum, or which has provided such assistance. 

"Requesting Participant" means the Participant seeking or receiving 

assistance under this Memorandum. 

2. Objectives and Scope of Assistance 

(a) This Memorandum sets forth the Participants' intent with regard to mutual 


assistance and the exchange of Material for the purpose of enforcing and 


securing compliance with the Applicable Laws. 


(b) The Participants understand that it is in their common interest to: 

(i) 	 cooperate with respect to the enforcement of the Applicable 

Laws, including sharing complaints and other relevant Material 

and providing investigative assistance; and 

(ii) 	 inform each other of developments in their respective countries 

that relate to this Memorandum. 

(c) In furtherance of these common interests, and subject to paragraph 4, the 


Participants intend to use their best efforts to: 


(i) 	 share Material, including complaints and other personally identifiable 

information, that a Participant believes may be relevant to 

investigations or enforcement proceedings regarding Covered 

Violations of the Applicable Laws; 

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(ii) 	 provide investigative assistance in appropriate cases, including 

obtaining Evidence under their respective legal authorities, on behalf of 

the other Participant; 

(iii) 	 exchange and provide other relevant Material in relation to matters 

within the scope of this Memorandum, such as Material relevant to 

consumer and business education; government and self-regulatory 

enforcement solutions; amendments to Applicable laws; and staffing 

and resource issues; 

(iv) 	 coordinate enforcement against cross-border Covered Violations that 

are priority issues for them; 

(v) 	 meet at least once a year and participate in periodic teleconferences to 

discuss ongoing and future opportunities for cooperation; and 

(vi) 	 provide other appropriate assistance that may aid in the enforcement 

against Covered Violations. 

(d) The FTC intends to provide training on the use of the Consumer Sentinel 


Network. 


3. Requests for Assistance 

(a) Each Participant intends to designate primary contacts for the purposes of 

requests for assistance and other communications under this Memorandum. 

(b) If the request relates to Enforcement of Applicable Laws, the Participants 


understand that: 


(i) 	 requests for assistance are expected to include sufficient information to 

enable the Requested Participant to determine whether a request 

relates to a Covered Violation and to take action in appropriate 

circumstances. Such information may include a description of the facts 

underlying the request and the type of assistance sought, as well as an 

indication of any special precautions that are expected to be taken in 

the course of fulfilling the request; 

(ii) 	 requests for assistance are expected to specify the purpose for which 

the Material requested is used; and 

(iii) 	 consistent with Paragraph 5, a request for assistance certifies that the 

Requesting Participant intends to maintain the confidentiality of each 

request for assistance, the existence of any investigation related to the 

request, all materials related to each request, and all Materials 

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provided in response to each request, unless otherwise determined by 

the Requested Participant; 

(c) Prior to requesting assistance, the Participants intend to perform a preliminary 

inquiry to ensure that the request is consistent with the scope of this 

Memorandum and does not impose an excessive burden on the Requested 

Participant. 

(d) The Participants intend to use their best efforts to resolve any difference in 

interpretation and application of this Memorandum, and, failing resolution in a 

reasonably timely manner, by discussion between appropriate senior officials 

the Participants designate. 

4. Limitations on Assistance 

(a) The Requested Participant may exercise its discretion to decline the request 

for assistance, or limit or condition its cooperation, including when it is outside 

the scope of this Memorandum, or when it may be inconsistent with domestic 

laws, or important interests or priorities. 

(b) As it may not be feasible for a Participant to offer assistance for every 

Covered Violation, the Participants intend to use their best efforts to seek and 

provide cooperation focusing on those Covered Violations most serious in 

nature, such as those that cause, or are likely to cause, injury to a significant 

number of persons, and those causing substantial injury. 

(c) A Requesting Participant may request the reasons for which a Requested 

Participant declined or limited assistance. 

5. Confidentiality and Privacy 

(a) 	 To the fullest extent possible, and consistent with applicable laws, each 

Participant intends to certify the confidential treatment of Material shared 

under this Memorandum. The certification of confidentiality is expected to 

apply not only to the shared Material, but also to the existence of an 

investigation to which the Material relates. The Participants intend to treat 

the shared Material, the existence of the investigation to which the Material 

relates, and any requests made pursuant to this Memorandum as 

confidential, and not further disclose or use this Material for purposes other 

than those for which it was originally shared, without the prior written 

consent of a Requested Participant. 

(b) 	 Notwithstanding sub-paragraph (a), the Participants understand that: 

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(i) A Participant may disclose Material provided pursuant to this 

Memorandum in response to a formal demand from a Participant 

country's legislative body or an order issued from a court with 

proper jurisdiction; and 

(ii) Materials obtained in connection with the investigation or 

enforcement of criminal laws may be used for the purpose of 

investigation, prosecution, or prevention of violations of either 

Participant's country's criminal laws. 

(c) 	 Each Participant intends to use its best efforts to safeguard the security of 

any Material received under this Memorandum and respect any 

safeguards mutually decided upon by the Participants. In the event of any 

access or disclosure of the Material not authorized by a Participant, the 

Participants intend to take all reasonable steps to prevent a recurrence of 

the event and to promptly notify the other Participant of the occurrence. 

(d) 	 The Participants intend to oppose, to the fullest extent possible consistent 

with their countries' laws, any application by a third party for disclosure of 

confidential Materials received from a Requested Participant, unless the 

Requested Participant consents to its release. The Participant who 

receives such an application is expected to promptly notify the Participant 

that provided it with the confidential Material. 

(e) 	 As Materials exchanged in connection with investigations and 

enforcement may contain personally identifiable information, the 

Participants are expected to take additional appropriate measures to 

safely transmit and safeguard the Materials containing personally 

identifiable information such as: 

(i) 	 transmitting the Materials in an encrypted format; 

(ii) 	 transmitting the Materials directly by a courier with package 

tracking capabilities; 

(iii) 	 transmitting the Materials by facsimile rather than email; 

(iv) 	 maintaining the Materials in secure, limited access locations (e.g., 

password-protected files for electronic information and locked 

storage for hard-copy information); 

(v) 	 considering the redaction of personally identifiable 


information in appropriate circumstances; and 


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(vi) 	 redacting, or filing under seal, personally identifiable information 

that may be used in a publicly disclosed law enforcement 

proceeding 

6. Retention of Material 

(a) The Participants do not intend to retain Materials obtained under this 

Memorandum for longer than is reasonably needed to fulfill the purpose for which 

they were shared or than is required by the Requesting Participant's country's 

laws. 

(b) The Participants understand that they need to retain the shared Materials until 

the conclusion of the pertinent investigation or related proceedings for which the 

Materials were requested. 

(c) The Participants intend to use their best efforts to return any Materials that 

are no longer needed if the Requested Participant makes a written request that 

such Materials be returned at the time they are shared. If no request for return of 

the Materials is made, the Requesting Participant may dispose of the Materials 

using methods prescribed by the Requested Participant, or if no such methods 

have been prescribed, by other secure methods, as soon as practicable after the 

Materials are no longer required. 

7. Costs 

Unless otherwise decided by the Participants, each Participant intends to bear its own 

costs. 

8. Status 

This Memorandum is not legally binding. 

9. Duration of Cooperation 

(a) This Memorandum is intended to take effect on the date of its last signature 

by the Participants and will expire five (5) years from that date. 

(b) The Participants understand that assistance in accordance with this 

Memorandum is expected to be available for Covered Violations occurring before 

as well as after this Memorandum is signed. 

(c) This Memorandum may be modified by mutual consent of the Participants. 

Any modification is to be in writing and signed by both the FTC and the RCMP. 

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(d) Either Participant may discontinue this Memorandum by providing 30 days 

written notice of such discontinuation after using its best efforts to consult with 

the other Participant. 

(e) On discontinuation of this Memorandum, the Participants intend to maintain 

the confidentiality of any Material communicated to them by the other Participant 

in accordance with this Memorandum, and return or destroy, Material obtained 

from the other Participant in accordance with this Memorandum. 

Signed in duplicate in the English and French languages 

at Washington D.C., on I - O - Iri 

and at Ottawa, Ontario, on MAR 0 1 2017 

Actin Chairman Maureen K. Ohlhausen 

for the 

Federal Trade Commission 

United States of America 

for e 

RoYial}!;anadian Mounted Police 

Ca aa 

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ANNEX 1 

Applicable Consumer Protection Laws 

For the RCMP: 

In particular Fraud Section 380 Criminal Code, Other Sections of the Criminal Code, 

Deceptive Telemarketing Competition Act Section 52.1 (3), other Sections Competition 

Act, Revised Statutes of Canada. 

For the FTC: 

The Federal Trade Commission Act, 15 U.S.C. §§ 41-58, the Telemarketing and 

Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101-6108, the CAN-SPAM 

Act of 2003, 15 U.S.C. §§ 7701 -7713, and other consumer protection laws, and the 

regulations promulgated pursuant to such laws, except those provisions comprising 

Federal antitrust laws (as defined in section 12(5) of the International Antitrust 

Enforcement Assistance Act of 1994 (15 U.S.C § 6211 (5)). 

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