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Foreign Financial Service Provider (FFSP) relief and fast tracking Australian Financial Services Licensing (AFSL)

Announcement date
17 February 2022

Link to announcement
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6857

Problem being addressed
A person who carries on a financial services business in Australia must hold an Australian Financial Services Licence (AFSL) unless an exemption applies. Since 2003, licensing relief  has been provided to Foreign Financial Service Providers (FFSPs) servicing wholesale clients where the FFSP is already regulated by a sufficiently equivalent regulatory regime or has only a limited connection to Australia. With effect from 31 March 2020, the Australian Securities and Investment Commission (ASIC) repealed and replaced this relief with two new forms of relief: the 'foreign AFSL regime' and 'funds management relief'. While the introduction of a 'foreign AFSL' removed some regulatory duplication, some regulatory and process duplication remained, thereby making it difficult and costly for FFSPs seeking to be licensed in Australia.

Proposal

Introduce legislation to enact new relief that will establish:

- the comparable regulator exemption, which exempts FFSPs from the requirement to hold an AFSL where they are regulated by a regulator of a comparable regulator regime;

- the professional investor exemption, which allows FFSPs, located in any jurisdiction, to offer all financial services from outside Australia to professional investors; and

- the fit-and-proper person assessment exemption, which exempts FFSPs from fit-and-proper assessments when applying for an AFSL to provide services to wholesale clients

Assessed RIS outcome
Adequate

Regulatory burden
The Department of the Treasury estimates that this measure will result in an expected regulatory saving of $19.2 million per annum, on average, over 10 years.

OIA assessment of the Impact Analysis
Insufficient
Adequate
Good practice
Exemplary
Attachment File type Size
Regulation Impact Statement docx 182.41 KB
Regulation Impact Statement pdf 726.97 KB
OBPR Assessment docx 147.67 KB
OBPR Assessment pdf 258.65 KB
Certification Letter docx 50.72 KB
Certification Letter pdf 1.55 MB