Compliance Updates
NIGC Announces Departure of Chairman E. Sequoyah Simermeyer
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.
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.
Additional details regarding the transition will be forthcoming.
Chris Christie
Chris Christie bets on Texas to approve OSB in 2025
Former New Jersey Governor Chris Christie has backed Texas to legalise online sports betting in the state’s next legislative session.
Christie helped pave the way for sports betting liberalisation across the US by bringing the Supreme Court case that led to the repeal of PASPA.
The case was fought and won by prominent conservative lawyer Ted Olson, who Christie hired to argue the case for states to make their own decisions on sports betting. Olson died last week at the age of 84.
After Missouri became the 39th US state to legalise sports betting in some capacity, attention has quickly turned again to the big three states of Texas, California, and Florida.
“I think it’ll happen in Texas in the next legislative session,” said Christie, speaking to Covers.com. The next session is due to commence in Texas on January 14, 2025.
Christie is less confident about California, however, where competing sports betting ballots failed in 2022 amid a bitter dispute and lobbying war between online operators and local tribes.
California is seen as essential to the future prospects of US sports betting operators, given its size and wealth and dramatic impact on the country’s total addressable market (TAM).
“I don’t know about California,” said Christie. “This really takes gubernatorial leadership, and Gavin Newsom has got to decide if this is one of the issues he wants to lead on.
“Without gubernatorial leadership, the legislature won’t do it because they’re pulled like taffy in too many directions by too many different interests. Without the governor pushing for it, I just don’t think it’ll happen.”
Despite another potential setback in California, Christie has backed sports betting to penetrate pretty much every state eventually.
“I really believe sports betting is inevitable to go just about nationwide, because people in America love their sports, they just do,” he said. “I think it is in the leagues’ best interests to grow their audience. The government gets some piece of the pie out of that which they enjoy, and the public seems to be pretty happy for the most part.”
Depending on expansion, US sports betting could, in theory, reach every state. It would then become a national issue, but Christie has warned the federal government not to interfere.
“Let the states handle it,” he said. “The states are doing fine. You haven’t heard of anything awful or irreversible happening since each state has been involved and they should have the ability to decide whether they want gambling or not.
“I don’t think the federal government should have anything to do with it and I don’t think they ever should have. I don’t think they have to be babysitters for the governors of the country.”
Compliance Updates
Spillemyndigheden Calls Attention to FATF’s Updated Lists of High-risk Jurisdictions
The Danish Gambling Authority has called attention to FATF’s (Financial Action Task Force) updated lists of high-risk jurisdictions: the Grey List (jurisdictions under increased monitoring) and Black List (call for actions). Among other things, gambling operators must include FATF’s lists of high-risk jurisdictions when risk assessing players.
Jurisdictions listed on the Grey List are Algeria, Angola, Bulgaria, Burkina Faso, Cameroon, the Ivory Coast, Croatia, DR Congo, Haiti, Kenya, Lebanon, Mali, Monaco, Mozambique, Namibia, Nigeria, the Philippines, South Africa, South Sudan, Syria, Tanzania, Venezuela, Vietnam and Yemen.
Jurisdictions listed on the Black List are Democratic People’s Republic of Korea, Iran and Myanmar.
Gambling operators are required to conduct enhanced customer due diligence (EDD) pursuant to section 17(1) of the Danish AML Act, if a player is assessed to impose a higher risk of the gambling operator being misused for money laundering or terrorist financing.
Gambling operators shall conduct this risk assessment based on Annex 3 to the AML Act (high-risk factors) which includes the FATF high-risk country lists (the so called black list and grey list).
It is not required that gambling operators perform EDD if a country is listed on the FATF’s list. EDD are only a requirement for players from jurisdictions listed in the EU Regulation of High Risk Third Country list pursuant to 17(2) of the AML Act.
The post Spillemyndigheden Calls Attention to FATF’s Updated Lists of High-risk Jurisdictions appeared first on European Gaming Industry News.
Africa
South Africa: Tribunal Grants Lottoland Interim Relief – Orders Google to Grant Lottoland Access to its Advertising Platform
The Competition Tribunal (“Tribunal”) has issued an interim order directing Google Ireland Ltd and Google South Africa (Pty) Ltd (collectively, “Google”) to permit Lottoland South Africa (Pty) Ltd (“Lottoland”) to access its advertising services known as “Google Ads”, for so long as Google permits any firm in South Africa to utilise Google’s Ads Services to advertise fixed-odds betting on the outcome of lotteries. The Tribunal’s order applies for a period of six months from its date, or the conclusion of a hearing into the prohibited practices alleged by Lottoland, whichever is the earlier.
This platform enables advertisers to display ads to users who utilise Google search, with Google Ireland acting as the service provider for Google Ads in South Africa.
The Tribunal’s order follows an interim relief application by Lottoland, a licensed bookmaker, which, inter alia, offers fixed-odds bets on the outcome of various lotteries around the world, including the South African national lottery, sporting events and other betting contingencies. Lottoland competes with other licensed bookmakers in South Africa such as Hollywood Bets, World Sports Betting, Betway, Betfred (which owns Lottostar) and Netbet (which trades as Sportingbet).
In summary, Lottoland alleged that Google terminated its access to Google Ads without justification while allowing access to its competitors, causing it financial harm and distorting competition in the market that Lottoland operates in, to the detriment of consumers.
Google contended that Lottoland’s offering of fixed-odds bets on the outcome of the national lottery in South Africa contravenes sections 57(1) and 57(2)(g) of the Lotteries Act. It submitted that in terms of its online advertising policies, which are designed to protect users, restrictions are placed on the promotion of certain gambling activities. Of particular relevance, the promotion of lotteries is limited to state-licensed entities and that this restriction is in place to ensure compliance with the provisions of the Lotteries Act.
Reasons for Decision
A non-confidential version of the Tribunal’s reasons will be published in due course once any confidentiality claims in relation to the reasons have been finalised with the parties involved. In deciding the matter, the Tribunal considered the following three factors holistically, balancing each factor against the other to determine what is reasonable and just:
• Evidence relating to the alleged prohibited practice;
• The need to prevent serious or irreparable damage to the applicant (Lottoland); and
• The balance of convenience.
The post South Africa: Tribunal Grants Lottoland Interim Relief – Orders Google to Grant Lottoland Access to its Advertising Platform appeared first on European Gaming Industry News.
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