Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Amendment Regulations 2022

2022/226

Coat of Arms of New Zealand

Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Amendment Regulations 2022

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 1st day of August 2022

Present:
Her Excellency the Administrator of the Government in Council

These regulations are made under sections 70 and 153(1)(c) and (j) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Amendment Regulations 2022.

2 Commencement

These regulations come into force on 8 August 2022.

4 Regulation 6 amended (Prescribed information to be included in border cash report)

(1)

In the heading to regulation 6, delete “border”.

(2)

In regulation 6, replace “report under subpart 6 of Part 2 of the Act” with “cash report”.

5 New regulation 7 inserted (When cash report must be provided)

After regulation 6, insert:

7 When cash report must be provided
Accompanied cash

(1)

For the purposes of section 70(d)(i) of the Act, a person must provide a cash report to a Customs officer,—

(a)

in the case of accompanied cash that the person brings into New Zealand, at the same time as the person presents themselves under section 103(1)(a) or (b) (obligations on persons arriving in New Zealand) of the Immigration Act 2009; or

(b)

in the case of accompanied cash that the person takes out of New Zealand, at the same time as the person presents themselves under section 119(1)(a) (obligations of persons leaving New Zealand) of the Immigration Act 2009.

Unaccompanied cash

(2)

For the purposes of section 70(d)(ii) of the Act, a person must provide a cash report to a Customs officer, in the case of unaccompanied cash that the person sends from outside New Zealand, before the cash is received in New Zealand.

(3)

For the purposes of section 70(d)(ii) of the Act, a person must provide a cash report to a Customs officer, in the case of unaccompanied cash that the person sends out of New Zealand, before the cash leaves New Zealand.

(4)

For the purposes of section 70(d)(ii) of the Act, a person must provide a cash report to a Customs officer, in respect of unaccompanied cash that is sent to the person from outside New Zealand, before the person receives the cash in New Zealand.

6 New regulation 9 inserted (Chief executive of New Zealand Customs Service may approve form of cash report)

After regulation 8, insert:

9 Chief executive of New Zealand Customs Service may approve form of cash report

The chief executive of the New Zealand Customs Service may approve the form in which a person must provide a cash report.

7 Schedule amended

(1)

In the Schedule heading, replace “Border cash” with “Cash”.

(2)

In the Schedule, clause 2, replace “The following information about A’s arrival in or departure from New Zealand” with “If A is arriving in or departing from New Zealand, the following information”.

(3)

In the Schedule, after clause 2, insert:

2A

If A is not arriving in or departing from New Zealand, the following information in respect of unaccompanied cash:

(a)

in the case of cash moved in cargo,—

(i)

the flight or name of the ship or craft, and flight number (if applicable):

(ii)

the New Zealand port of arrival or departure (as applicable):

(iii)

the overseas place of arrival or departure (as applicable):

(iv)

the date of import or export (as applicable):

(b)

in the cash of cash moved by mail,—

(i)

the date on which the cash report is provided to a Customs officer:

(ii)

the overseas place the cash is moved from or to (as applicable).

(4)

In the Schedule, clause 4, replace “carrying” with “moving or receiving” in each place.

(5)

In the Schedule, clause 4(b), replace “being carried” with “moved or received”.

(6)

In the Schedule, clause 4(b)(v), replace “being moved” with “moved or received”.

(7)

In the Schedule, clause 5, replace “carrying” with “moving or receiving” in each place.

(8)

In the Schedule, clause 5(b), replace “being carried” with “moved or received”.

(9)

In the Schedule, clause 5(b)(vi), replace “being moved” with “moved or received”.

(10)

In the Schedule, clause 6, replace “carrying cash” with “moving or receiving cash”.

(11)

In the Schedule, replace clause 6(b) with:

(b)

the reason A is moving the funds into or out of New Zealand or receiving the funds in New Zealand; and

Rachel Hayward,
Acting Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 8 August 2022, amend the Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 (the principal regulations).

Regulation 4 makes minor changes to regulation 6 to reflect that cash report is a defined term in the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act).

Regulation 5 inserts new regulation 7 into the principal regulations. New regulation 7 sets out when a cash report must be given.

Regulation 6 inserts new regulation 9 into the principal regulations. New regulation 9 is made under section 153(1)(c) of the Act, for the purposes of section 70(a) of the Act, as extended by section 53(2)(c) of the Legislation Act 2019. Section 70(a) of the Act states that a cash report must be made in writing in the approved prescribed form. The principal regulations do not prescribe an approved form, and instead new regulation 9 provides that the chief executive of the New Zealand Customs Service may prescribe the form in which a cash report must be provided. This is consistent with section 53(2)(c) of the Legislation Act 2019, which provides that a power in legislation to approve or prescribe a form includes a power to authorise a prescribed person to approve or prescribe a form for supplying information or making information available.

Regulation 7 amends the Schedule of the principal regulations to—

  • make minor changes to reflect that cash report is a defined term in the Act:

  • require certain information about unaccompanied cash to be provided in a cash report:

  • clarify that certain information about cash and bearer negotiable instruments is required whether or not the cash or bearer negotiable instrument is accompanied by a person when it crosses the New Zealand border.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 4 August 2022.

These regulations are administered by the Ministry of Justice.