Anti-Money Laundering Exemptions




NEW ZEALAND GAZETTE, No. 86 — 24 AUGUST 2017

  1. The exemption has been made for the following reasons:

    a. There is a low risk of money laundering and terrorist financing because Taitokerau is a not-for-profit, local registered charity that provides educational services to children and families from low income communities in the Northland region of New Zealand;

    b. the provision of laptops involves low value and low volume transactions;

    c. Taitokerau has a number of controls in place that reduce money laundering and terrorist financing risk. The selection process for the provision of laptops involves Taitokerau ascertaining the identity of the student and their family. Furthermore, a relationship between the Taitokerau and the family continues throughout the lending process, which allows the Taitokerau to identify any suspicious activity;

    d. Taitokerau generates income from the earnings of its reserves, any grants received and through donations. Donations and grants cannot be returned to their original donors, unless they are subject to restrictions; and

    e. due to the low money laundering and financing of terrorism risk associated with the Taitokerau and the significant compliance costs that would arise from not granting this exemption, I consider that any benefits or requiring compliance with the Act are not justified by the associated risk and costs.

  2. This exemption comes into force on the day after the date I grant this exemption.

  3. This exemption will expire on 30 June 2020.

Any person wishing to provide comment on this notice should contact the Criminal Law Team at the Ministry of Justice by emailing international.crime@justice.govt.nz.

2017-go4378


Ministerial Exemptions Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009

In accordance with section 157(6)(b) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 ("Act"), the Associate Minister of Justice hereby gives notice that he has granted the following exemption from the Act:

Ministerial Exemption: Inloop Pty Ltd

  1. In my capacity as the Associate Minister of Justice, and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, I exempt Inloop Pty Ltd from the following provisions of the Act:

    a. Sections 10–71 inclusive.

  2. This exemption is made subject to the following conditions:

    a. Inloop Pty Ltd is incorporated in Australia and registered under Part XVIII of the Companies Act 1993, enabling them to operate in New Zealand through the overseas company register. The exemption for Inloop Pty Ltd relates specifically to business activities conducted in New Zealand. This is currently only the Flexischools offering.

    b. Inloop Pty Ltd must inform the Ministry of Justice of any changes that may affect the exemption and/or conditions imposed by this written instrument within 14 days from when the change affecting the exemption occurs.

  3. This exemption has been made for the following reasons:

    a. There is a low risk of money laundering and terrorist financing through Inloop Pty Ltd due to:

    i. The low value nature of any payment made;

    ii. the cost of compliance outweighs the risk posed; and

    iii. the closed loop nature of the Flexischools offering.

  4. This exemption comes into force on the day after the date I grant this exemption.

  5. This exemption will expire on 30 June 2020.

Any person wishing to provide comment on this notice should contact the Criminal Law Team at the Ministry of Justice by emailing international.crime@justice.govt.nz.



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2017, No 86





✨ LLM interpretation of page content

⚖️ Ministerial Exemption: Taitokerau Education Trust (continued from previous page)

⚖️ Justice & Law Enforcement
Anti-Money Laundering, Countering Financing of Terrorism, Exemptions, Taitokerau Education Trust

⚖️ Ministerial Exemption: Inloop Pty Ltd

⚖️ Justice & Law Enforcement
Anti-Money Laundering, Countering Financing of Terrorism, Exemptions, Inloop Pty Ltd
  • Associate Minister of Justice