Compliance Updates

MGA- Key Functions

Published

6 years ago

July 27, 2018

Reading Time: 3 minutes

One of the salient changes which shall be brought about by the new Gaming Act, as of 1^st July 2018, is that licensees are required to identify the persons responsible for the key functions as defined at law. Such persons are, in turn, required to undergo the MGA’s scrutiny in order for the Authority to assess their fitness and propriety. The persons who fulfil the necessary criteria shall then be issued with a key function certificate for the relevant function or functions.

The implementation of such change shall be as follows:

1) Licensees are invited to inform the Authority at the earliest of any key functions which shall be fulfilled by one or more persons that have already been assessed and approved by the MGA, either in their capacity as employees of the licensee or due to the fact that under the Remote Gaming Regulations (S.L. 438.04) they provide the services of Key Official to the licensee. This will allow the Authority to commence preparations for the relevant key function certificate to be issued in due course

2) Persons not already known to and approved by the MGA, who have been earmarked to provide key functions, shall be notified to the MGA between the 1^st August 2018 and the 30^th September 2018 and shall, during such timeframe, submit all the required documentation.

3) Until such time as all key persons are notified to, and assessed by, the Authority, the responsibility for the vacant key functions shall vest temporarily in the Key Official appointed under the Remote Gaming Regulations.

In terms of article 9 of the Gaming Authorisations and Compliance Directive, the following conflicts in key functions have been identified by the Authority:

1) Compliance-based roles are incompatible with roles centred around the growth of the business. In particular, the Chief Executive role, responsibility for the licensee’s finances (except responsibility for the payment of tax and fees due in terms of law) and responsibility for marketing and advertising are incompatible with the following roles:

(i) Compliance with the licensee’s obligations emanating from the MGA licence/s;
(ii) Player support;
(iii) Responsible gaming.

2) Without prejudice to the above:

a) The person responsible for the prevention of money laundering and financing of terrorism is also expected to refrain from taking on other responsibilities which may conflict with his functions in such role, or which otherwise conflicts with such function or prejudices the person’s effectiveness and independence in such role, including but not limited to the Data Protection Officer;

b) The Data Protection Officer role is incompatible with any other role that manages or otherwise controls personal data, or which otherwise conflicts with such function or prejudices the person’s effectiveness in such role, including but not limited to the Money Laundering Reporting Officer;

c) The person responsible for internal audit is normally expected not to hold any other function.

For the avoidance of doubt, the above is meant as prima facie guidance and is without prejudice to requirements stemming from other applicable legislation regarding certain functions, including but not limited to requirements relating to the Money Laundering Reporting Officer and the Data Protection Officer. The operational structure of each licensee is different, and therefore it is the responsibility of each licensee to ensure that conflicting functions are not exercised by the same person.

Notwithstanding the above, in light of the fact that this segregation of roles is necessarily burdensome from a resources perspective, start-up undertakings as defined in the Gaming Licence Fees Regulations, and recognised as such by the Authority in line with the Start-Up Undertakings Directive, may be allowed to have a single person conduct roles which may prima facie appear conflicting, during the first year of operation, if the Authority is satisfied that the integrity of the licensed operation will not be negatively affected.

Furthermore, such undertaking shall not be required to have a person responsible for the key function of internal audit, during such first year of operation. This is without prejudice to requirements stemming from other applicable laws.

Australia

Venues Warned to Play by the Rules on ANZAC Day

Published

21 hours ago

April 24, 2024

Alan Campbell

Reading Time: < 1 minute

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.

“Two-up is a great Australian tradition and a way for people to come together at pubs and clubs to enjoy the ANZAC spirit,” Lin said. “While 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.

“Licensed 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.”

Venues’ 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.

Compliance Updates

Boldplay Awarded UKGC Licence

Published

23 hours ago

April 24, 2024

George Miller

Reading Time: < 1 minute

Boldplay, the renowned provider of premium casino games, has been awarded a remote operating licence from the UK Gambling Commission, to sit alongside their existing licenses in Gibraltar, Malta, Romania, Argentina, and Peru.

This latest development marks a significant step for the company and further solidifies Boldplay’s position as a trusted provider within the iGaming industry. The UKGC licence will allow the company to further expand in regulated territories, a key element of their growth plan, and establish new partnerships within the vibrant UK market.

Having fulfilled the criteria to provide services to UK players Boldplay is well-positioned for success. With a diverse catalogue of over 100 titles, ranging from slots and table games to bingo, keno, and virtual scratch cards, the company is well-known for its innovative features, including their trademark Boldplay Spins.

Speaking of the UK Gambling Commission’s decision to grant the operating licence, Boldplay CEO, Valli Fragoso, said: “We are proud to receive our remote software supplier licence from the UK Gambling Commission. This milestone reflects our commitment to providing high-quality, engaging casino games to licensed operators while upholding responsible gaming standards. We can’t wait for UK players to try our games.”

Asia

Indonesian Govt to Form Task Force to Tackle Online Gambling

Published

2 days ago

April 23, 2024

Niji Narayan

Reading Time: 2 minutes

Indonesian President Joko Widodo has chaired a limited meeting which discussed the efforts taken to eradicate online gambling in the country on Thursday 18 April, at Merdeka Palace in Jakarta. Minister for Communication and Information Technology Budi Arie Setiadi, in his press statement after the limited meeting, said that the Government will form a task force to counter online gambling.

“It has been decided that within a week, we will formulate measures to form an integrated task force in order to eradicate online gambling,” Budi said.

Minister for Communication and Information Technology mentioned that forming a cross-ministries/institutions task force is aimed to handle online gambling more thoroughly, collaboratively and efficiently.

“Gambling is an illegal act based on regulations. So, we need to impose measures effectively to settle it,” Budi stated, adding that his ministry will focus on handling online gambling websites and contents, while the law enforcement officers will enforce the law.

“Our authority is only to take down the websites, while the Financial Services Authority (OJK) blocks their financial accounts, and then followed by law enforcement officers, police officers, and the public prosecution service officers,” he remarked.

Similarly, OJK’s Chairperson of Commissioner Board Mahendra Siregar also highlighted the importance of holistic measures in eradicating online gambling in Indonesia.

“Some online gambling activities are not conducted in Indonesia, some are cross-borders, some do not use bank accounts, some needs to be tracked and traced through bank accounts, including transfers and so on. So, the next layers must also be addressed, and that way it leaves no empty rooms,” Mahendra explained.

Mahendra said that according to the institution’s authority, from the end of 2023 to March 2024, OJK has blocked around 5000 bank accounts that indicate its relation to online gambling.

“So far, we have cooperated closely with Communications and Information Technology Ministry. So, if we receive a list of bank accounts suspected to be used or are being used in online gambling activities, we immediately block them, and it has reached up to 5000 bank accounts,” Mahendra mentioned.