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<section article="gin" article_name="Insurance" number="5-909" title_number="5" title_name="Assets, Liabilities, Reserves, and Investments of Insurers" subtitle_number="9" subtitle_name="Reinsurance">
  <level label="a">
    <level label="1">
      <text>The Commissioner shall maintain and publish a list of qualified jurisdictions under which an assuming insurer, licensed and domiciled in that jurisdiction, is eligible to be considered for certification by the Commissioner as a certified reinsurer.</text>
    </level>
    <level label="2">
      <text>In order to determine whether the domiciliary jurisdiction of a non–United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall:</text>
      <level label="i">
        <text>evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, initially and on an ongoing basis; and</text>
      </level>
      <level label="ii">
        <text>consider the rights, benefits, and extent of reciprocal recognition afforded by the non–United States jurisdiction to reinsurers licensed and domiciled in the United States.</text>
      </level>
    </level>
    <level label="3">
      <text>A qualified jurisdiction shall agree in writing to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled in that jurisdiction.</text>
    </level>
    <level label="4">
      <text>The Commissioner may not recognize a jurisdiction as a qualified jurisdiction unless the Commissioner has determined that the jurisdiction adequately and promptly enforces final United States judgments and arbitration awards.</text>
    </level>
    <level label="5">
      <text>The Commissioner may consider other factors in determining the jurisdiction’s eligibility to be recognized as a qualified jurisdiction.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Commissioner shall consider the list of conditionally qualified and qualified jurisdictions published through the National Association of Insurance Commissioners committee process in determining the qualified jurisdictions in this State.</text>
    </level>
    <level label="2">
      <text>In determining whether a jurisdiction is a qualified jurisdiction, the Commissioner shall consider the National Association of Insurance Commissioners list of conditionally qualified and qualified jurisdictions:</text>
      <level label="i">
        <text>when the jurisdiction has been evaluated for inclusion on the list; and</text>
      </level>
      <level label="ii">
        <text>whenever the list is amended.</text>
      </level>
    </level>
    <level label="3">
      <text>If the Commissioner approves a jurisdiction as qualified that does not appear on the National Association of Insurance Commissioners list of qualified jurisdictions, the Commissioner shall provide information related to the approval to the National Association of Insurance Commissioners as provided in regulations the Commissioner adopts.</text>
    </level>
    <level label="4">
      <text>The Commissioner shall recognize as a qualified jurisdiction in this State any state that meets the requirement for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program.</text>
    </level>
    <level label="5">
      <text>If a certified reinsurer’s domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner may indefinitely suspend or revoke the reinsurer’s certification.</text>
    </level>
  </level>
</section>
