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Compliance Updates

Danish Gambling Authority Issues Six Orders to Royal Casino Århus for AML Failures

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On 14 June 2023, the Danish Gambling Authority Spillemyndigheden has given Royal Scandinavian Casino Århus I/S six orders for breaching the rules on risk assessment of section 7(1) of the AML Act (order a), business procedures of section 8(1) of the AML Act (order b), supervision of section 8(1) of the AML Act (order c), training material of section 8(6) of the AML Act (order d), performance of customer due diligence procedures of section 11 of the AML Act (order e) and performance of enhanced customer due diligence measures for guests from high risk third countries (order f).

Order a is given because Royal Scandinavian Casino Århus I/S has made an insufficient identification of customer types, including foreign PEPs and PEPs in international organisations and their family members and close associates. Moreover, identification and risk assessments have not been made of individuals subject to financial sanctions. When the risk assessment does not sufficiently describe the factors connected to their guests, the risk assessment does thereby not cover all areas of their business model.

Order a is also given because Royal Scandinavian Casino Århus I/S has made an insufficient identification and risk assessment of the use of cash as a means of payment. Given that an inclusion of mitigating initiatives has been done too early, a correct assessment of this factor has not been made, which is why the inherent risks are not stated correctly. Thus, the risk assessment does not cover all areas of their business model.

Order b is given because Royal Scandinavian Casino Århus I/S does not have sufficient written business procedures. The business procedures lack sufficient procedures for the performance of customer due diligence measures for high-risk customers, enhanced customer due diligence measures for PEPs and their family members and close associates and for the obligations to report.

Order c is given because Royal Scandinavian Casino Århus I/S has not complied with their own business procedures for the performance of internal controls of procedures for customer due diligence measures, procedures for investigation and registering, procedures for reporting and procedures for record-keeping.

Order d is given because Royal Scandinavian Casino Århus I/S does not have sufficient training material about enhanced customer due diligence measures for PEPs, prevention of financing of terrorism, and individuals subject to financial sanctions. The training material is, therefore, not sufficient to ensure that the employees have an adequate knowledge of the obligations of the AML Act in relation to Royal Scandinavian Casino Århus I/S as a business.

Order e is given because Royal Scandinavian Casino Århus I/S has not performed sufficient customer due diligence measures, as a customer had not been verified correctly in accordance with the requirements of section 11(2) of the AML Act.

Order f is given because Royal Scandinavian Casino Århus I/S has not performed sufficient customer due diligence measures for guests from high-risk third countries given that information about the origin of the funds and the source of the customer’s assets have not been procured in relation to the requirements of section 17(1)(3) of the AML Act.

The Danish Gambling Authority notes that the rules on risk assessment, business procedures, training material and customer due diligence measures are fundamental parts of the Anti-Money Laundering Act. As a rule, breaches of the rules lead to an order or a reprimand or in serious or repeated cases, they are reported to the police.

The orders cause an obligation to act for Royal Scandinavian Casino Århus I/S, since they must submit an updated risk assessment, updated business procedures, updated controls, updated training material and updated procedures for customer due diligence measures addressing the insufficiencies identified in the orders.

The Danish Gambling Authority has given Royal Scandinavian Casino Århus a deadline of three months to correct the matters concerning the orders a-f.

Compliance Updates

Aviatrix flying in Italy following certificate approval

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Aviatrix flying in Italy following certificate approval
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Aviatrix, the groundbreaking crash game renowned for its unique engagement mechanics, is building new partnerships in Italy following the granting of a certificate in the country.

The Italian certificate enables Aviatrix to collaborate with operators regulated by the Agenzia delle Dogane e dei Monopoli, introducing casinos fans in Italy to the award-winning game for the first time.

Players at many of the biggest brands in Italy will soon be enjoying Aviatrix.

Anastasia Rimskaya, Chief Account Officer at Aviatrix, said: “We are excited to be bringing Aviatrix to players in Italy for the first time. This is a market where innovation and player engagement are highly valued, so we’re certain our product will be a great fit. And more than that, we have an opportunity to play a central role in one of Europe’s most vibrant online gaming cultures. We can’t wait to get started with operators in the country.”

Aviatrix is fast establishing itself as an important game in regulated jurisdictions, as it already is in emerging ones.

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NSW Govt Appoints New Board Members to ILGA

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The NSW Government has made appointments to the board of the Independent Liquor and Gaming Authority (ILGA), including a deputy chairperson and two new members.

Associate Professor Amelia Thorpe and Nicholas Nichles have been appointed following a rigorous public expression of interest selection process. Additionally, existing member Chris Honey has been appointed deputy chairperson.

ILGA is a statutory decision-maker responsible for a range of liquor, registered club and gaming machine regulatory functions including determining licensing and disciplinary matters.

The appointments follow the end of the term of appointment for outgoing deputy chairperson Sarah Dinning, and also fill vacancies that existed on the board.

Mr Honey, who was appointed a member of ILGA earlier in 2024, has been named deputy chairperson until the end of his current appointment term (11 February 2027).

Mr Honey has extensive experience in the advisory and restructuring field, including working extensively in highly regulated sectors.

Associate Professor Thorpe and Mr Nichles have both been appointed for four years commencing 6 November 2024.

Associate Prof Thorpe is with the Faculty of Law & Justice at the University of New South Wales and an Acting Commissioner of the NSW Land and Environment Court.

Mr Nichles was previously a Consul General and Senior Trade and Investment Commissioner for Australian Government agency Austrade, based in the US.

The new appointments bring the ILGA board membership to seven. The new appointments will join chairperson Caroline Lamb, new deputy chairperson Mr Honey and current members Cathie Armour, Jeffrey Loy APM and Dr Suzanne Craig.

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Compliance Updates

Ireland’s New Gambling Regulator to Begin Work on Phased Basis Next Year

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Ireland’s new gambling regulator is likely to begin overseeing betting businesses in the Republic midway through next year, industry figures predict.

President Micheal D Higgins recently signed the new Gambling Regulation Act, which overhauls licensing and creates a new authority to govern betting firms, into law. Industry figures forecast that the new regime should begin operating midway through next year, a key point for many businesses as they will have to renew online betting licences by that time.

Government also has to pass several milestones before the new Gambling Regulatory Authority of Ireland can start functioning, including appointing the seven people the body requires.

Minister for Justice Helen McEntee appointed senior civil servant Anne Marie Caulfield as chief executive designate of the authority in summer 2022. Her office has 11 staff. According to the Department of Justice, the State’s Public Appointments Service will shortly begin recruiting the authority’s seven members.

The Minister will appoint the candidates the service recommends.

The department could not say when the authority would start regulating but noted this would happen in a phased “timely manner” after its establishment.

Jack Chambers, Minister for Finance, earmarked €9.1 million for the authority next year in this month’s budget. That includes €4 million for technology.

Ms Caulfield wrote to industry organisations last week confirming that her organisation would begin its work on a “phased basis” but pointing out that it has already completed many preparations. In a statement she said that the authority was committed to keeping the industry fully informed so businesses can “plan for the new regulatory regime”.

Meanwhile, the Public Service Appointments Service last week advertised for someone to head the authority’s social fund. Under the new law’s provisions, betting businesses will contribute to this fund which the authority will use to tackle problem gambling.

Betting businesses regard the fund’s establishment as one of the key steps towards establishing the new regime.

Alongside that, they say that the authority will also have to set up its new licensing system. The law demands that all gambling businesses operating in the Republic be licensed and makes it a criminal offence to operate without a proper permit.

Lawyers at Arthur Cox recently noted that current permits are preserved until licensing sections of the act come into force. Existing high street and online bookies’ licences will have a run-off period, but lawyers said that how this would work in practice depended on how the regulator developed the new system.

Betting businesses are keen that the authority works on a national self-exclusion register for customers who voluntarily ask bookmakers not to take their bets. Currently, most individual bookies have systems where customers who fear they have a problem, or are at risk, can exclude themselves in this way.

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