Home
/
Our Insights
/
Article Detail
/
Home
/
Home
|
Login
Our Team
Our Expertise
Our Insights
CONSULTATION
SUBSCRIBE
Our Team
Our Expertise
Our Insights
You can share this article in the following networks2:
What is the impact of the withdrawal of exemptions under FICA?
10 October 2017
287
“I’m responsible for FICA at my accounting firm. With the possibility of certain of the exemptions issued in terms of the Financial Intelligence Centre Act, being withdrawn by the new amendment act, I’m worried that our firm will now have to comply with all areas of FICA. Will this be the position?”
You are correct in that it appears that changes brought about by the Financial Intelligence Centre Amendment Act 1 of 2017 (“Amendment Act”), have lead to the withdrawal of many of the exemptions previously approved under the Financial Intelligence Centre Act 38 of 2001 (“FICA”).
The Amendment Act introduces a risk-based approach as an integral element to complying with FICA. This approach makes these exemptions redundant as these exemptions are now implicitly included in the provisions of the Amendment Act and will need to be addressed in an accountable institution’s Risk Management and Compliance Programme (“RMCP”).
While the Amendment Act requires accountable institutions to obtain more information from clients than before, it at the same time allows accountable institutions greater flexibility to themselves to determine the extent of customer due diligence to be conducted based on the risk relating to a specific client. This assessment should be carried out by taking into account the money laundering and terrorist financing risks posed in relation to the client, the products and services rendered to the client as well as other relevant factors.
The content of the exemptions may therefore still act as a guide to accountable institutions in order to determine the suitable verification measures to be taken in accordance with its RMCP. This basically means that, the higher the risk, the more questions will need to be asked and the more documents should be collected by the accountable institution in order to ensure that the client’s information is correct. In cases of lower risk clients, simplified measures may be applied.
Although many of the exemptions have been withdrawn, it is clear that they remain relevant and that it is important for accountable institutions to obtain professional advice to ensure compliance with the Amendment Act. Our advice is to contact an attorney to assist you with your RMCP and to ensure that such is in line with the new legal framework established by the Amendment Act.
Previous
What to do when a protected strike turns violent?
Next
Clarity at last! A new owner is not responsible for the municipal debt of the previous owner
Tags:
Company
,
Compliance
,
FICA
Share:
Talk to us
Get in touch with us to discuss how we can help you with your challenges
Get in touch
Related Insights
The latest developments in respect of the new Anti-money Laundering Legislation
You must take capital gains tax into account in your estate planning
Employment of foreign nationals in South Africa to be tightly regulated
Popular Insights
AI Rights vs Human Rights
Safeguarding your legacy for your children
Can a Homeowners Association take over refuse removal from a local authority?
Recent Insights
The latest developments in respect of the new Anti-money Laundering Legislation
You must take capital gains tax into account in your estate planning
Employment of foreign nationals in South Africa to be tightly regulated
You can share this article in the following networks:
Offices
+27 11 292 5777
Back to top