1.AML Compliance

1.1As a law firm, Foley Douglas is required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).

1.2To comply, we may not be able to begin acting, or continue to act, for you until we have completed customer due diligence in accordance with the requirements of the AML/CFT Act.

1.3The AML/CFT Act requires Foley Douglas and its team to conduct ‘customer due diligence’ on its clients, any beneficial owner of a client or any person acting on behalf of a client before we can act, where we are instructed to carry out a ‘captured activity’ (as defined in the AML/CFT Act).

1.4The information and supporting documents we may require will depend on the nature of the work we have been asked to carry out. We may need to obtain information about you personally, a company or trust that you are connected to and/or other relevant persons (such as directors and shareholders of a company, or trustees and beneficiaries of a trust).

1.5As a starting point, we will request supporting documentation for each relevant person. If asked, you will be required to provide this information. The documentation is likely to include:

• Full name
• Date of birth
• Residential address.

1.6We may ask you for this information, even after acting for you before, where the nature of the work you have ordinarily asked us to do has changed or your documents require updating. As part of our onboarding and file management, our Legal and Compliance teams will assist you with the steps and explain what information is required.

1.7Any personal information that Foley Douglas collects as part of the customer due diligence process will be used exclusively for the purpose of ensuring that we meet our obligations under the AML/CFT Act and will be held in accordance with our Privacy Policy, and in accordance with our Terms.

1.8At Foley Douglas, our Compliance team uses use an electronic verification system called FirstAML to collect the necessary due diligence information and supporting evidence (www.firstaml.com).FirstAML uses biometrics, optical character recognition (OCR) and trusted data sources to confirm a person’s identity, the legitimacy of a person’s identification and their residential address.

1.9Alternatively, we can verify your information in person or via a trusted referee. For more information on the documentation that we accept, please discuss this with your Foley Douglas contact person.

2.How to use FirstAML

2.1To use FirstAML, you will need a Smartphone or a computer with a camera, and a driver’s licence or passport that has not expired.

2.2The process of verifying your personal information is as follows:

• Foley Douglas will send you an email via FirstAML which includes a link to start the FirstAML process. The process does not require you to download any apps onto your phone. You simply click on the link contained in the email. FirstAML uses bank grade security for data protection meaning the link you have received is secure.
• You will be prompted to take photos on your Smartphone of your driver’s licence or passport.
• FirstAML scans information from the photos you have taken and gives you the opportunity to correct any errors.
• You will be prompted to enter your current residential address.
• You will be prompted to take a short video of yourself (front and side of your face), which the FirstAML system matches against the photo on your driver licence or passport.
• FirstAML will check the information you have provided against various sources, including:
  – Databases of government and financial institutions in New Zealand and Australia.
  – International databases of Politically Exposed Persons (as that term is defined in the AML/CFT Act) and sanctions.
• FirstAML will produce a report for Foley Douglas’s AML/CFT Compliance team to review and download.

2.3Please note that we may have to request further information from you in certain circumstances.

3.Collecting, handling and deleting your personal information

3.1Foley Douglas’s uses FirstAML to verify and identify individuals.

3.2Once you have completed the FirstAML process, our AML/CFT Compliance team will download a report produced by FirstAML and save this in our systems. The information in the FirstAML report may include the following personal information:

• Information from your driver’s licence or passport, including your photo
• Your residential address and phone number
• A screenshot (photo) from the short video you have taken
• A summary of databases which FirstAML searched
• Whether you passed or failed FirstAML’s identify verification process
•  And any other supporting documentation you have been required to provide.

3.3Foley Douglas holds any personal information in accordance with our Privacy Policy.

3.4More information about FirstAML’s privacy policy can be found here: https://www.firstaml.com/nz/about/help/legal/privacy-policy/

3.5If you have any questions about the customer due diligence process or the information you might be required to provide to us, please get in touch with your Foley Douglas contact person or our AML/CFT Compliance team at [email protected]