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Compliance Updates

Italy adopts gambling advertising ban

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Italy adopts gambling advertising ban
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The Italian government has adopted the law that bans gambling advertising completely. Here are the details about the ban and its implications.

The law decree enforcing the gambling advertising ban technically came into force from July 14. However, there is a provision in the law that allows ongoing contractual agreements, which were already signed, to extend till 16 July 2019, as the case may be. Ā 

Additionally, the law decree provides that the existing gambling advertising regulations are still applicable which shows that in the intention of the Government some types of gambling advertising should be allowed, otherwise existing gambling advertising regulations would not be meant to regulate anything.

The consequence of the above is that the ban as of today does not apply to anythingā€¦ Also, the law decree still needs to be ratified by the Parliament which might either implement changes or even cancel it.

Is the gambling advertising ban legal?

Even if we are able to argue that from the 1st of January 2019 the ban would be applicable to some gambling advertising activities, it should be considered that: this is a law decree which is an urgent measure that was not urgent since a transitional period of up to 1 year was granted. Therefore an abuse of the regulatory instrument of the law decree took place;Ā this is a technical regulation that was not notified to the European Commission with the required 3 month ā€œstand stillā€ period which is provided by the EU Directive 2015/1535, and this is a measure that is basically completely banning online gambling because online gaming operators can market their services only through remote channels of communication. Therefore if no advertising whatsoever can be performed, they cannot make the public aware of their services and therefore they cannot do business. This is a disproportionate limitation of the freedom of doing business provided by the Italian Constitution and of the EU principle to provide services.

The hope is that the Government will understand the mistake and go back to the existing gambling advertising regulations that if enforced would already set very stringent restrictions to gambling advertising.

 

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Compliance Updates

EGBA Welcomes European Parliamentā€™s Approval Of New EU Anti-Money Laundering Framework

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EGBA Welcomes European Parliamentā€™s Approval Of New EU Anti-Money Laundering Framework
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The EUā€™s new anti-money laundering package aims to create a more consistent regulatory framework and will benefit online gambling operators by standardising AML rules and reporting requirements across member states.

Brussels, 24 April 2024 ā€“ The European Parliament has approved the EUā€™s new anti-money laundering (AML) package at its plenary sitting today, marking a significant milestone towards a new EU framework for combatting financial crime. The European Gaming and Betting Association (EGBA), representing Europeā€™s leading online gambling operators, welcomes the Parliamentā€™s approval of the new AML package and believes the incoming rule changes will strengthen the EUā€™s approach to tackling money laundering.

The newĀ packageĀ will contain:

  • AĀ single rulebookĀ regulationĀ ā€“ with provisions on conducting due diligence on customers, transparency of beneficial owners and the use of crypto-assets.
  • TheĀ 6th Anti-Money LaunderingĀ DirectiveĀ ā€“ containing national provisions on supervision and national AML authorities, as well as on the access of authorities to necessary and reliable information, e.g. beneficial ownership registers.
  • The establishment of theĀ European Anti-Money Laundering Authority (AMLA)Ā ā€“ which have supervisory and investigative powers to ensure compliance with AML requirements, operating in conjunction with national AML authorities.

EGBA believes the new rules will benefit Europeā€™s online gambling operators by ensuring a consistent regulatory approach across EU member states. Another important feature, under the competence of AMLA, will be the creation of a harmonised reporting format for Suspicious Transaction Reports (STRs). This will ensure that Europeā€™s online gambling operators encounter the same STR requirements across all EU member states, thereby setting clear and consistent expectations that will reduce administrative burdens and costs.

To assist online gambling operators in complying with the EUā€™s new AML rules, EGBA has developed industry-specificĀ guidelines on anti-money launderingĀ which apply a risk-based approach and include practical measures that operators can take ā€“ on customer and business risk assessments, customer due diligence processes, suspicious transaction reporting, and record keeping. EGBA members already apply the guidelines and submit annual reports to EGBA that summarise their progress in implementing its measures. The guidelines are also open to all operators based in the EU and EGBA encourages operators to sign up to them.

The AML package now awaits formal adoption by the Council of the EU, expected in May, before being published in the EUā€™s Official Journal.

ā€œWe welcome the European Parliamentā€™s approval of the new anti-money laundering package. The new framework will set high standards and ensure greater consistency in the application of AML rules across the EU. Online gambling operators, especially those operating in multiple countries, will benefit from a single rulebook and harmonised reporting requirements that will unravel national complexities. We will look to review our industry guidelines on AML to ensure their alignment with the new EU rules. By signing up to the guidelines, operators can already prepare themselves for the incoming changes in the EU rules and join our members in their efforts to proactively and positively contribute to the EUā€™s fight against money laundering.ā€Ā ā€“ Dr. Ekaterina Hartmann, Director of Legal and Regulatory Affairs, EGBA.

 

Source: EGBA

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Australia

Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

ā€œThe NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,ā€ Mr Crawford said.

The NICCā€™s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

ā€œHard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,ā€ said Mr Crawford.

ā€œCrown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

ā€œThere is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

ā€œLikewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

ā€œThis decision is a positive outcome for Crown Sydney, its staff, and the community ā€“ who can be sure the NICC will use all of its powers to keep the casino in check.ā€

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICCā€™s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: ā€œCrown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydneyā€™s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.ā€

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Australia

Venues Warned to Play by the Rules on ANZAC Day

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Liquor & Gaming NSW is urging licensed venues across the state to plan ahead and have proper measures in place to ensure safe and responsible ANZAC Day commemorations.

Pubs and clubs can face additional challenges on April 25 that come with managing larger than normal crowds and the playing of two-up.

Two-up was a popular game among World War I veterans and, while illegal as an unregulated form of gambling most of the year, is legally played every ANZAC Day, Remembrance Day and Victory in the Pacific Day in their memory.

Liquor & Gaming NSW Executive Director Regulatory Operations, Jane Lin, said inspectors would carry out checks of licensed premises in Sydney and regional areas on ANZAC Day to ensure compliance with the state’s liquor and gaming laws.

ā€œTwo-up is a great Australian tradition and a way for people to come together at pubs and clubs to enjoy the ANZAC spirit,ā€ Lin said. ā€œWhile venues do not need a permit to host two-up, they are encouraged to fully understand and observe the traditional rules of the coin-tossing game.

ā€œLicensed venues are reminded to properly manage potential risks linked to larger crowds, increased rates of intoxication, gambling disputes, extended high volume trading and special ANZAC Day liquor promotions.ā€

Venuesā€™ advertising and promotions must align with liquor promotion guidelines.

More information about ANZAC Day in New South Wales is available at https:/ /www.NSM.gov. au/about-nsw/anzac-day-nsw. Two-up rules can be found at https:/ /www.LiquorAndGaming.nsw. gov. au/__data/assets/pdf_file/0007/858562/fs3098-two-up-factsheet. pdf.

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