MR No. 2017 – 52
24 November 2017
The Financial Markets Authority (FMA) has issued a formal warning to Fullerton Markets Limited (Fullerton) under Section 80 of the Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT Act).
An inspection of Fullerton’s AML/CFT compliance by FMA staff showed that the company did not have in place adequate risk assessment or AML/CFT compliance programmes. These are essential components of complying with the AML/CFT Act. These programmes ensure that firms have robust systems and processes in place to detect and deter money laundering and the financing of terrorism.
Fullerton also failed to carry out customer due diligence in line with the Amended Identity Verification Code of Practice. Fullerton failed to take reasonable steps to fully identity clients who are a politically exposed person, as required under Section 26 of the AML/CFT Act. A politically exposed person (PEP) is an individual who has been entrusted with a prominent public function. The legislation limits this to foreign PEPs and does not include New Zealand domestic PEPs.
Under the warning, Fullerton is required to undertake a series of actions in order to ensure it complies with the law:
Liam Mason, FMA Director of Regulation said, “The AML/CFT Act came into force in June 2013 and the FMA and other supervisors have provided guidance and assistance to firms to help them to comply. We know that reporting entities have invested significantly in systems and resources to comply with the requirements of the law.
It’s not fair on those who have made this effort if others do not do so. The FMA signalled in our last annual report that we would take formal action where we see firms failing to meet these requirements.”
Mr Mason said, “If Fullerton Markets fails to take the actions required in the warning, then the FMA will consider the need for further regulatory responses. This could include civil action, which can lead to penalties of up to $2 million per offence for a company.”
The warning can be viewed here.
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