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Compliance Updates

Europe that Protects: Stronger rules criminalising money laundering enter into force

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Dimitris Avramopoulos at the Europe for Citizens - Meeting of the Civil Dialogue - Date: 28/11/2018 Reference: P-038870/00-05 Location: Brussels - EC/Centre A. Borschette © European Union , 2018 / Source: EC - Audiovisual Service / Photo: Benas Gerdziunas
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Today, the new measures to counter money laundering by criminal law enter into force across the EU. The new rules will ensure that dangerous criminals and terrorists face equally severe penalties for money laundering wherever they are in the EU, with a minimum term of imprisonment of 4 years.

Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos said: “If we want to catch criminals and terrorists, we have to follow the money. Today, we are beefing up the EU’s response to money laundering, making sure that criminals and terrorists no longer get away with illegally gained money and face deserved justice. A Europe that protects is a Europe that effectively prevents and prosecutes criminals.”

Commissioner for the Security Union Julian King said: “Money laundering is a key tool used by terrorists and serious criminals to obtain funding – by harmonising the crime and the punishment across the EU, we can further close down the space in which they operate. Member States now need to implement the new rules without delay.”

The Commission proposed to harmonise offences and sanctions for money laundering across the EU in December 2017. While all Member States currently criminalise money laundering the definitions of this crime as well as the penalties related to it differ across the EU, allowing criminals to effectively “window shop” and exploit the differences between national legislation.

With the new rules in force that will be no longer possible. Member States now have 24 months to implement the new rules into national law and notify the Commission accordingly.

The recent changes and all AML related topics will be highlighted during Prague Gaming Summit by the attending experts of the gambling industry in a special panel discussion. You can find more details on the following page.

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Olympic Casino Faces Another Fine in Lithuania

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The Lithuania Gambling Supervisory Authority has issued another fine to UAB Olympic Casino Group Baltija following a further breach of advertising laws in the country.

The Authority fined Olympic Casino €25,000 after it found the operator featured information on its website about how customers could watch live sports events on Setanta Sports, but also encouraged users to bet on sports.

The text in question set out how customers would watch live coverage of events such as the Spanish La Liga and Italian Serie A football leagues, as well as WTA tennis and Nascar motor-racing in the US.

While the promotion stated that coverage of events would be free, it also included text in relation to how customers could make deposits and withdrawals to and from their account on Olympic Casino. The advert included phrases such as “Be part of the game”.

Assessing the case, the Authority ruled the promotion was in breach of article 10, paragraph 19 of the Law on Gambling of the Republic of Lithuania, which relates to encouraging people to participate in gambling.

The Authority said the information about the possibility to watch events for free was not considered a gift, but information with which the operator sought to draw attention to its services, as well as to persuade and encourage people to participate in gambling.

However, the Authority also noted that the decision was not final and could be subject to an appeal by Olympic Casino.

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Compliance Updates

Kindred Challenges the Coercive Fine in Norway

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Kindred Group, via its wholly owned Maltese subsidiary Trannel International Ltd, has been informed that the Norwegian Gaming Authority has decided to reinstate the coercive fine against Trannel International despite the changes Kindred Group has undertaken.

Over the past month, Kindred has made wholesale changes to the brand to meet the compliance standards set out by the Norwegian regulator – which were detailed in a cease-and-desist letter handed to the subsidiary in 2019.

The changes included removing all Norwegian flags from the website and channels, changing the language on all sites from Norwegian to English, discontinuing all advertising and marketing activities in Norwegian and stopping the offer of talking to Norwegian-speaking customer service agents.

However, even with the new changes, the regulator is persisting with the “non-enforceable” fine, which Kindred believes has no legal basis and will challenge in the courts.

Kindred said in a statement: “Trannel firmly disagrees with the NGA’s assessment as it is entirely legal for Norwegian residents to access and use international gambling services, which are licensed in the EU/EEA area and offered within a safe and secure environment, Kindred will continue to accept customers residing in Norway passively.

“The NGA does not have jurisdiction over Trannel as the company is domiciled in Malta and duly licensed by the Maltese Gaming Authority. Therefore, Kindred is confident that the coercive fine cannot be enforced by the NGA outside of Norway.”

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Compliance Updates

Stanleybet Group Secures Retail Licence for Betting in Andalusia

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The Stanleybet Group has secured a sports betting retail licence to operate in the Spanish region of Andalusia.

The group has been looking at expanding in the Spanish market for some time, with a retail base in Malaga currently set to open in Q1 2023.

Stanleybet Group CEO Giovanni Garrisi said: “We had started the process for obtaining the license already in 2019, then the pandemic event inevitably slowed down the procedures. In the meantime, we continued to dialogue with the Andalusian authorities, to complete the process once everything returned to normal. Now, after obtaining the retail license for sports betting also in this other highly regulated European country, we are ready to expand into a new market, Spain, which offers great opportunities for our sector. Andalusia represents an extremely vast market with a very high development potential. We will start from Malaga, where we are already working on the opening of the first shop, scheduled for the first quarter of 2023, and then continue in the other cities.”

Antonio Stanzani, Stanleybet Country Manager for Spain, said: “The Spanish model envisages two types of shops; the ‘tienda de apuestas’, a betting agency opened directly by the operator and the ‘salon de juegos’, a slightly broader definition that includes the shop opened by private third parties, with the affiliation model. Our business model, already successfully applied in other countries, such as Belgium and Cyprus, includes both types, because we believe that flexibility is one of the factors that have led us to succeed in various markets. Our first shop will be a ‘tienda de apuestas’, to imprint and export our style also in Andalusia, but we are already in contact with several Spanish entrepreneurs who have chosen Stanleybet to start thriving and lasting partnerships in the betting and gaming industry, in which we have been a leader since 1958.”

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