FMA warns on AML
AML legislation kicks in at the end of this month and it is widely expected that the FMA will take less of a “hand-holding” approach to the second raft of regulation and expect full compliance quickly.
The FMA says it will be requesting audit reports from entities that are regarded as a high or medium risk. “We will set up a time for the first audit with entities in these sectors. FMA expects some audit reports to be available for the period 30 June 2013 to 31 December 2013, with subsequent audit reports to be prepared by the reporting entities two yearly or earlier, subject to FMA’s request.”
It will review risk assessments and compliance programmes.
The FMA says when non-compliance is detected, notices or warnings may be used. Further non-compliance could result in criminal or civil prosecution.
It says that it will use and intelligence and risk-based approach to monitoring and surveillance.
“As part of our risk-based approach, we will proactively monitor a range of reporting entities within our supervised sector. This allows us to identify any new risks and any compliance themes or areas of poor practice across the sector. It also helps FMA to identify a need for further guidance and ensure our expectations are practical.”