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Source: Financial Markets Authority

Media release
MR No. 2019 – 54
18 October 2019

The Financial Markets Authority (FMA) has issued a formal warning to a non-licensed derivatives issuer and forex provider, Circle Markets Limited, under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT).

Following a review of a sample of client files at an onsite monitoring review, the FMA found that Circle Markets Limited had failed to:

  • adequately verify identity information for some customers, as per standard customer due diligence.
  • obtain additional identity requirements and verify the identity requirements for enhanced customer due diligence for a customer, such as source of the funds or the wealth of the customer.
  • take reasonable steps to determine whether a customer or any beneficial owner, is a politically exposed person.
  • conduct adequate ongoing customer due diligence for some customers and undertake account monitoring.

Circle Markets Limited has not disputed the FMA’s findings and its sole director (also the AML/CFT compliance officer) admitted he did not fully understand his AML/CFT obligations.

Circle Markets Limited is required to undertake a series of actions to ensure it complies with its obligations, including engaging an independent AML/CFT auditor to review its practices.

The company is required to provide the FMA with a report by March 2020. Failure to undertake the actions could result in civil or criminal enforcement action.

Liam Mason, FMA Director of Regulation said, “Circle Markets has demonstrated a general lack of understanding and knowledge of its AML/CFT obligations. However, it appears to be taking steps to ensure future compliance. For example, its sole director and an employee completed an AML/CFT training course earlier this year.

“Financial services firms ought to be aware of their AML/CFT obligations as this legislation has been in effect for some time. We have little patience for non-compliance. If a provider is unsure of their responsibilities, we encourage them to seek professional or legal advice.”

The warning was issued under section 80 of the Act.

ENDS

Contact:
Campbell Gibson
Senior Adviser, Media Relations
021 945 323
campbell.gibson@fma.govt.nz

MIL OSI