In 2013, the laissez-faire world of New Zealand business as we knew it came to an end with New Zealand playing catch up with the rest of the world. Phase 1 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”) introduced new laws to tackle money laundering and terrorist financing.
The Ministry of Justice estimates $1.3 billion of proceeds from illegal activities are laundered through New Zealand businesses each year. The new rules have added in an extra level of regulation that has taken some people in New Zealand by surprise. However, many countries around the world have already adopted these rules and New Zealand was late to the party. On a positive note the rules New Zealand adopted are more robust than many other countries.
As you will know by now under the new laws Banks, Casinos and a range of Financial Service Providers had “practical measures” imposed on them to protect New Zealand businesses and reduce the ability of criminals to benefit from illegal activity. It has taken awhile for these organisations to come to grips with the amount of information (read mountains of paperwork) required to comply with these measures.
In short, every customer’s identity needs to be verified and their source of wealth determined to ensure there is no criminal activity involved.
Phase 2 will see the Bill, when it is passed mid-2017, extend this requirement to real estate agents and conveyancers, many lawyers and accountants, businesses that deal in expensive goods and betting on sports and racing. The law will come into effect in stages between July 2018 and July 2019 allowing these businesses to prepare for the changes.
One result of the introduction of these new rules is that when applying for an Inland Revenue Department (“IRD”) number for a non-resident/off-shore individual is that you either need to supply a New Zealand bank account number or have completed customer due diligence on the applicant. In our experience, New Zealand banks are not interested in opening bank accounts for non-residents if it does not result in ongoing income for them, which is the case for most non-resident applicants. This only leaves one option and that is to have a reporting entity as defined by the Act, carry out full know your client (“KYC”) checks on the applicant. The process of opening a bank account also takes a considerable amount of time and paperwork compared to previously.
Covisory Trust Services is a reporting entity for the purposes of the Act and governed by the Department of Internal Affairs. In our capacity as a reporting entity we regularly carry out independent KYC checks for non-resident applicants for IRD numbers and provide the appropriate sign-off for the IRD to allow the application to proceed without having to open a New Zealand bank account. Assuming the KYC checks do not throw up any untoward results they can be completed relatively quickly. This is a bonus when the IRD application is urgent.
If you are interested in using this service or just want to talk about anti-money laundering and its possible impact on your business please contact either Marcus Diprose or Nigel Smith (www.covisory.com)
KYC – Know Your Client
The AML Act imposes obligations to ensure NZ businesses, NZ Banks and financial services are not helping facilitate criminal activity. Instead of taking people at face value we now need to know our clients. Are they who they say they are and where did their wealth come from?
- All parties to the transaction need to be correctly identified.
- This includes verifying identification documents such as a passport, drivers licence or other government-issued identification document.
- Other documents that provide proof of the address of the applicant must also be verified.
- Identify the source of wealth of the funds being used in the transaction.