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Compliance Updates

Ukraine’s Evolving Gambling Landscape: Insights from the Panel of European Gaming Congress in Warsaw

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The panel discussion last  week, at the European Gaming Congress made me feel inspired to contemplate on critical facets of Ukraine’s burgeoning gambling industry, positioning the nation as an appealing prospect for Western European investors. Although unique challenges, including historical financial corruption and external pressures, exist, Ukraine’s European identity makes it an attractive hub for investment. As the country grapples with ongoing conflict, it must simultaneously address customary market concerns such as safeguarding against Russian interference and protecting the personal data of its citizens.

A striking parallel emerged between Ukraine’s gambling landscape and the realm of cryptocurrencies, where combating money laundering and terrorist financing poses significant challenges. The National Bank, equipped with the capacity to monitor financial flows, plays a pivotal role, in conjunction with law enforcement agencies. A comprehensive strategy to combat mis-selling and gray schemes is being executed by the National Bank of Ukraine, alongside the Commission and the Ministry of Finance, resulting in the revocation of licenses, particularly among operators with Russian ties. Comparable license revocations have occurred in several European nations that have issued cryptocurrency licenses.

However, amid the ongoing struggle against these challenges, errors have emerged, exemplified by the imposition of sanctions on prominent Ukrainian industry leaders like Parimatch and Pokermatch. These sanctions have not only significantly impacted the legal gambling sector but have also cast a shadow of caution over Western investors. Notably, the President’s directive to the Cabinet of Ministers, prompted by a citizen petition with 25,000 signatures, seeks to investigate the circumstances leading to the inclusion of Parimatch in the sanctions list of the National Security and Defense Council.

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In the wake of the Parimatch case, it’s worth noting that the Cosmolot brand has also recently faced heightened scrutiny, with law enforcement agencies conducting searches and investigations, further emphasizing the need for a robust law enforcement process. Ukrainian Gambling Council, representing 80% of licensed gambling operators, committed to serving its members by actively working on player protection, advertising regulation, and acting as a valuable business ombudsman for the industry, contributing to a more secure and transparent gambling landscape in Ukraine.

As technical impediments are surmounted, the regulatory body demonstrates its efficiency. Critical issues, such as streamlining market access through license issuance, promoting responsible gambling, stricter advertisement rules,  and reinvigorating investments, are coming to the fore.

Once the security concerns are addressed, Ukraine is poised to unleash pent-up demand in its gambling sector. This situation will spur investors to contemplate their entry into the market, whether through direct investment, partnerships, or mergers and acquisitions, underlining the evolving landscape of opportunities in Ukraine’s vibrant gambling industry.

 

Article by Viktoriya Zakrevskaya, Founding Member and Deputy Chairwoman for Communications, Ukrainian Gambling Council

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Viktoriya was a speaker at the European Gaming Congress by Hipther, that took place on 31 October at the InterContinental Warsaw. She discussed the emerging Ukrainian iGaming market at the Panel “The Greek Odyssey, La Dolce Vita, La Fiesta Española, The Ukrainian Spirit, and The Portuguese Fado”.

 

Compliance Updates

EGBA Welcomes European Parliament’s Approval Of New EU Anti-Money Laundering Framework

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The EU’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 – The European Parliament has approved the EU’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 Europe’s leading online gambling operators, welcomes the Parliament’s approval of the new AML package and believes the incoming rule changes will strengthen the EU’s approach to tackling money laundering.

The new package will contain:

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  • single rulebook regulation – with provisions on conducting due diligence on customers, transparency of beneficial owners and the use of crypto-assets.
  • The 6th Anti-Money Laundering Directive – 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 the European Anti-Money Laundering Authority (AMLA) – 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 Europe’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 Europe’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 EU’s new AML rules, EGBA has developed industry-specific guidelines on anti-money laundering which apply a risk-based approach and include practical measures that operators can take – 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 EU’s Official Journal.

“We welcome the European Parliament’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 EU’s fight against money laundering.” – Dr. Ekaterina Hartmann, Director of Legal and Regulatory Affairs, EGBA.

 

Source: EGBA

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Compliance Updates

Brazil’s Ministry of Finance Appoints Régis Dudena as Secretary of Prizes and Betting

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Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudena’s appointment ordinance is signed by Rui Costa, Minister of the Civil House.

The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.

The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at Palácio do Planalto during Dilma Rousseff’s government.

Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).

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The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.

Bets representatives welcomed the name Régis Dudena.

From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sector’s regulatory policy.

Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.

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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.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

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The NICC’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.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

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

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

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

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 NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’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.”

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