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What's the alternative, breaking the law just so the firm can claim GIPS compliance? I dont' think CFAI has the balls to ask firms to do anything against the law which by itself is against CFAI's own policy.
Regardless of if CFAI grant the permission or not, in terms of caliming compliance as long as you disclose. firms have to follow the law and not CFAI's GIPS when there is a conflict.

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