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  4. FMA issues formal AML/CFT warning to Fullerton Markets

FMA issues formal AML/CFT warning to Fullerton Markets

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:

  • Prepare and implement an AML/CFT risk assessment to the required standard
  • Prepare and implement an AML/CFT compliance programme to the required standard
  • Review its customer onboarding programme and review all customers onboarded since the start of business.
  • Develop a more appropriate level of transaction monitoring rules. Review all customer transactions since the commencement of business. Any suspicious transactions to be reported to the Finance Intelligence Unit of the NZ Police.
  • Undertake a review of all customers to check if they are a politically exposed person, using an internationally recognised search tool

The warning can be viewed here