Understanding the changes and your obligations
When the New Zealand Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT Act) was first passed in 2009, only financial institutions were required to comply. However, as concern about money laundering and the financing of terrorism has grown, the Act has been expanded to include a broader range of organisations.
This second part of the Act (which covers reporting entities) is referred to as Phase 2. These changes have not only put New Zealand in line with global standards but also give the NZ public added confidence in our financial system.
In a nutshell, the AML/CFT Act (and its associated regulations) place obligations on financial institutions to detect and deter money laundering and terrorism financing.
Here’s what you need to know about the two phases.
Phase 1 explained
At the inception of the AML/CFT Act, Phase 1 came into force. This meant businesses such as banks, casinos, certain trust and company service providers and certain financial advisers had to comply with the regulations and reporting requirements as set out by the Act.
Phase 2 explained
The implementation of Phase 2 was set in motion through an Amendment Bill to the AML/CFT Act, passed in August 2017. Its purpose was to extend the Act to cover additional higher-risk AML/CFT entities and was predicted to disrupt up to $1.7 billion worth of illegal drugs and fraud in New Zealand.
Phase 2 extended the Act to include real estate agents, lawyers, accountants, conveyancers, some businesses that deal in high-value goods and betting on sports and racing. Given the greater scope, Phase 2 was put in place using a staggered approach.
All additional businesses are now required to comply with the same obligations as existing reporting entities.
- Carrying out risk assessments
- Implementing an AML/CFT programme
- Appointing a compliance officer
- Doing customer due diligence
- Establishing systems and processes for reporting suspicious activity, auditing, and annual reporting
Make sure you’re compliant
Now that AML/CFT obligations apply to a broader range of organisations, more business owners need to adjust their processes and put systems in place to ensure compliance. Adhering to the rules isn’t just a legal requirement, it’s also an important way to prevent criminal activity – and protect your business reputation.
Working with First AML will ensure you’re meeting your requirements, without pouring additional time and resources into this specialised area of compliance. Talk to our team today to find out more.
About First AML
First AML streamlines the entire anti-money laundering onboarding and compliance process. Backed by real expertise, its cloud-based KYC Passport allows complex entities to share their verification across multiple companies and geographies, at their discretion.
Making an otherwise complex and manual onboarding process simple for clients and cost effective and compliant for businesses, First AML delivers efficiency and time savings, protecting reputations, and enabling companies to be on the right side of history in the face of global threats.
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