The DFSA may accept an EU that it considers necessary or desirable in pursuit of its objectives. Article 89 does not prescribe a particular structure or format to an EU or the circumstances in which an EU would be acceptable to the DFSA. The DFSA will consider all the relevant circumstances of a matter when deciding whether to accept an EU including whether other regulatory tools, for example a notice of decision, might achieve a more appropriate outcome in the particular matter. However, in the context of an enforcement matter, the DFSA will generally only accept an EU that:
(a) contains an admission or acknowledgement of any contraventions of the Law or the DFSA's concerns;
(b) contains undertakings that address the DFSA's concerns; and
(c) contains an agreement to make the EU public, and an agreement not to make public statements that conflict with the spirit of the EU.