Mr Pereira works for a listed commodity trading group whose staff policy bars him from dealing in derivatives on the commodities his employer trades. He also tells his dealer he wants no exposure to any market that restricts the repatriation of funds. The dealer proposes a strategy that includes a swap on one of those commodities, observing that the employer is unlikely to find out. Which statement is CORRECT?
RES 2B 6.3.3.3 requires the CMS licence holder and its representatives to conduct due diligence to find out and comply with legal regulations and restrictions that may affect the client's portfolio or trades, and 6.3.3.4 requires the client's foreign exposure limits, including restrictions driven by economic or political reasons, to be taken into account when the strategy is formulated.
A client's waiver does not remove a restriction the dealer is required to diligence and respect.
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