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Compliance Updates

NIGC Announces Departure of Chairman E. Sequoyah Simermeyer

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The National Indian Gaming Commission (NIGC) announced the resignation of E. Sequoyah Simermeyer, as the chairman of NIGC, effective Saturday, Feb. 24, 2024.

Simermeyer, confirmed by the U.S. Senate in November 2019, led the Agency through unprecedented challenges of a global pandemic. During this time, the Agency helped set the regulatory conditions for a multi-year, post-pandemic recovery, where Indian gaming gross revenues rose to a record $40.9B last year. Prior to his tenure as chairman, Simermeyer served with NIGC as associate commissioner and director of the Office of Self-Regulation since 2015.

Reflecting on his time at the Agency, Simermeyer said, “I’ve witnessed firsthand how tribes across the Indian gaming industry have pursued economic sustainability through gaming by relying on – and cultivating – the robust regulatory reputation for which Indian gaming is well known, and made better when supported by effective and efficient measures by Indian gaming’s regulators. I’m proud of the integral part this Agency has played in meeting the challenges of an evolving industry, and encouraged that NIGC’s strong cadre of professionals will continue to work hand-in-hand with gaming operations to ensure tribal gaming remains primarily for the benefit of its citizens as the Indian Gaming Regulatory Act (IGRA) mandated 35 years ago.”

From day one, Simermeyer established industry integrity, preparedness, outreach, and Agency accountability as strategic goals for the Agency, leading NIGC through a period of growth and expansion of programs and services available to gaming tribes.

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Under Simermeyer’s leadership, the Agency took steps to grow its capacity to provide outreach, training and technical assistance to gaming tribes, notably formalizing its Environmental Public Health and Safely (EPHS) program to assist tribes with overall operational preparedness, and expanding the Agency’s ability to provide cybersecurity technical assistance as the industry faced emerging threats from cybercrimes, including NIGC’s first Chief Information Security Officer. His “3 for 35” campaign for workforce preparedness, aimed at building regulatory capacity to future-proof tribal gaming, was also an Agency signature outreach effort during his tenure.

NIGC’s efficient and effective approach to regulation was driven by its formalized, collaborative tribal consultation process, where over the past three years, the Agency published eight final rules to keep pace with changing regulatory conditions and industry best practices, while allowing tribes the maximum flexibility allowed under IGRA to pursue efficiencies intended to help operations grow and thrive. To further strengthen its compliance and oversight functions, the Agency also rolled out the “Report a Violation” tool on its website to allow for reporting suspected IGRA violations. NIGC also provided important clarity in the wake of industry-wide questions arising from emerging topics such as significant court decisions on sports betting, the impact of cannabis on licensing and the use of gaming revenue, and the independence of tribal gaming regulatory bodies.

Simermeyer also positioned the Agency as a lead collaborator with federal agencies and organizations similarly dedicated to the success of tribal gaming. NIGC’s annual multiagency Cybersecurity Symposium, Anti-Money Laundering/Banking Security Act (Title 31) regulatory training conference and ongoing partnership with the Department of Homeland Security’s Blue Campaign to prevent human trafficking, are all examples. He also led the Agency to pursue memoranda of understanding with federal agencies like the Federal Reserve Bank of Minneapolis, to promote a shared interest in researching the impacts of lending to tribes engaged in gaming and facilitating tribal access to capital.

Focusing on Agency operations, Simermeyer led the Agency through a multi-year IT security modernization plan to improve NIGC’s internal cybersecurity and resilience. Additionally, he transformed the Agency’s Criminal Justice Information System (CJIS) Audit program to better align with FBI requirements. As another step towards transparency and accountability, the Agency reimagined its fiscal annual report to better tell the story of its commitment to preserve and protect Indian gaming under IGRA, and the stories of the employees behind it. Perhaps most important, under Simermeyer’s leadership, the Agency achieved a 91% employee satisfaction rating on the 2023 Federal Employee Viewpoint Survey (FEVS), making the NIGC one of the best places to work in the federal government.

On transitioning to the next stage of his career, Simermeyer is grateful for his nearly nine years with the Agency. “My time with NIGC has been some of the most memorable and impactful years of my career. As a Native person, I’m truly blessed to have been surrounded by experts dedicated to protecting and preserving the valuable resource Indian gaming represents for our communities. I’m thankful for the advice and counsel of my fellow commissioners and NIGC staff, and the support and hard work of the nearly 5,000 tribal regulators who work alongside NIGC day-in and day-out to keep Indian gaming strong now, and for the next 35 years,” said Simermeyer.

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Additional details regarding the transition will be forthcoming.

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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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.

“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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