18 Del. Admin. Code § 1201-8.0
If and when the laws or regulations in the place of domicile of a foreign or alien insurer prevent compliance with any specific provision of this regulation, such insurer shall so advise the Commissioner in writing, setting forth the specific conflicts, and if the Commissioner, in his discretion, shall consider such conflicts of sufficient importance he may refuse to license such foreign company or upon due notice and hearing, may revoke a license issued prior to such conflict being brought to his attention. If on the other hand, said foreign or alien laws or regulations provide a degree of protection to the policyholders and public, which in the opinion of the Commissioner is substantially equal to that provided by these regulations, the Commissioner to the extent deemed appropriate by him in his discretion, may consider compliance with such law or regulation as compliance with these regulations. With regard to investments in separate accounts, foreign companies will be expected to adhere to standards substantially similar to those hereinabove set forth in section 4.0 for domestic companies, and if the laws and regulations of the domicile of any foreign company shall fail to provide for substantially similar safeguards to those hereinabove required in the case of domestic companies, the Commissioner in his discretion may refuse to license such foreign company or, upon due notice and hearing, may revoke a license issued prior to such situation being brought to his attention, unless such foreign company, in a manner not otherwise forbidden by the laws and regulations of its domicile, shall enter into an agreement with the Department to adhere to standards for separate accounts identical to or substantially similar to those set forth in section 4.0 above.
18 Del. Admin. Code § 1201-8.0