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European Gaming Congress 2024
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Compliance Updates

How Curacao new AML requirements differ from other flexible license jurisdictions

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By: Dmitry Hotsyn, Senior Consultant and Head of CIS Desk at 4H Agency

Discussing Anti-Money Laundering (AML) rules in a way that keeps everyone awake is a real challenge. The iGaming industry often overlooks anything filled with jargon like KYC, AML, CDD, and SoWs—terms that just breed myths and misconceptions about jurisdictions supposedly having lax AML standards and low compliance burdens. For a while, Curacao was viewed as one of these almost mythical places.

Not anymore.

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A significant shake-up has occurred with Curacao’s latest overhaul of its AML regulations, set to take effect on September 1, 2024. This update has triggered quite a bit of debate among gambling operators who view these new rules as unwelcoming, especially since Curacao is known for its sluggish pace in updating its gambling regulations.

But may it really be as bad as Curaçao’s deadline management?

Curacao’s AML Regulatory Changes: An Overview

Curacao is continuously revamping its regulatory frameworks, taking a page from Malta’s book — Maltifying the industry may work best to describe this process. The new AML rules, while perceived as burdensome, are in fact a balanced update alligning the Curacao practices with generally acceptable standards. Key aspects of the new regulations include:

  • Clear Customer Due Diligence (CDD) thresholds: Operators must conduct CDD at the earliest practical time, but no later than when a player engages in a transaction amounting to approximately EUR 2200;
  • Sanction and Politically Exposed Persons (PEP) Screening: Mandatory for at least EU, US and UN sanctions lists;
  • High-Risk Indicators: A detailed list of indicators for high-risk cases has been provided, noting that the use of cryptocurrencies increases risk, though it is not outright prohibited;
  • AML Officer Role: Each operator shall have a dedicated AML officer, equipped with sufficient resources and headcount to manage risks effectively;
  • Policies and Guides: Ah year, more internal docs, rules and practice guides are expected from the operators holding licences in Curacao.

Despite the extensive nature of Curacao’s new rules, in essence, they closely resemble those enforced in Malta and other EU countries, as well as competing jurisdictions offering flexible licenses. The upcoming webinar hosted by 4H Agency and Hipther Agency will delve into these comparisons, focusing on jurisdictions like Anjouan, Kanawake, and Tobique, alongside Curacao.

Key Insights on AML Across Jurisdictions

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  • Detailed AML Frameworks: Curacao and Tobique lead with the most comprehensive AML regulations. Kanawake’s requirements are also robust albeit not as detailes as Curacao rules;
  • CDD Thresholds: Similar financial thresholds exist across these jurisdictions (approximately EUR 2000), with varied stipulations on the timing of CDD post-player registration (again, Curacao is not the leader here);
  • Outsourcing AML Functions: All jurisdictions permit outsourcing some AML activities to third-party providers, providing flexibility in compliance strategies;
  • Stringency of Regulations: Tobique’s regulations are notably stringent, casually requiring additional checks like adverse media searches to identify higher risk profiles;
  • Anjouan the Outlier: Anjouan stands out for its outdated AML framework, lacking specific provisions for the gambling sector. For now, this could attract operators seeking more AML-friendly environments. However, Anjouan will inevitably follow the Curacao’s reformatory steps if the country intends to make iGaming an important factor of the now-struggling economy.

The evolution of AML regulations in Curacao represents a predictable shift towards more robust regulatory environment, aligning more closely with global standards. While initially perceived as onerous, these changes are in line not only with international practices, but with the rules already in force in a competing jurisdaction.

Our upcoming webinar will further explore these developments, providing attendees with comprehensive insights into flexible licensing options in 2024.

The post How Curacao new AML requirements differ from other flexible license jurisdictions appeared first on European Gaming Industry News.

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Philippine Senator Pushes for Inquiry into Banks’ Role in Pogo Funding

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Philippine Senator Sherwin Gatchalian has proposed Senate Resolution 1193 to investigate the failure of local banks to detect POGO-related suspicious transactions tied to criminal activities, following the case of former Bamban, Tarlac Mayor Alice Guo.

Gatchalian, in his resolution, highlighted bank transactions involving Guo’s companies, which amounted to hundreds of millions of pesos and allegedly funded the construction of a POGO hub in Bamban. The amount far exceeded the financial capacity reflected in the companies’ financial statements.

He pointed out a significant increase in cash flows, check disbursements, and transactions involving Guo’s accounts, peaking in 2020—an anomaly given that the COVID-19 pandemic had severely disrupted businesses and economies worldwide.

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Gatchalian noted that despite these large transactions, the banking system failed to flag them as suspicious. He raised concerns about the banks’ inability to report such dubious activities, questioning the effectiveness of their internal controls and procedures for identifying and reporting suspicious behaviour.

The senator emphasised that financial institutions are responsible for analysing financial data to detect transactions that may indicate money laundering.

These circumstances, according to Gatchalian, raise doubts about the adequacy of current Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regulations and guidelines for banks and financial institutions.

Gatchalian also pointed out that the Philippines remains on the Financial Action Task Force (FATF) grey list. The country must improve its AML/CTF efforts, including prosecuting money laundering and terrorism financing, addressing beneficial ownership information and strengthening cross-border declaration measures.

While President Ferdinand Marcos Jr. has instructed all government agencies to meet the necessary requirements to remove the country from the FATF grey list, Gatchalian stressed that private sector compliance is equally crucial to strengthening the country’s AML/CFT regime. This includes increased adherence to obligations, such as reporting covered and suspicious transactions.

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The post Philippine Senator Pushes for Inquiry into Banks’ Role in Pogo Funding appeared first on European Gaming Industry News.

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Compliance Updates

Spillemyndigheden: Status on Expected New Rules for Charity Lottery and Liberalised Land-Based Bingo

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On 20 March 2024, the government and all parties in the Danish Parliament reached an agreement on lotteries and liberalised land-based bingo. A bill to implement the agreement is expected to be presented when the Danish Parliament reopens in October.

Status on New Rules
A draft bill was sent out for consultation before the summer holiday, and the consultation period has now expired. The bill is expected to be presented when the Danish Parliament reopens in October.

The Ministry of Taxation will also send out a draft of a new executive order on charity lottery and an executive order on liberalised land-based bingo for consultation. It will appear on the Danish Gambling Authority’s website when it is possible to submit consultation responses to the executive orders.

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“At the Danish Gambling Authority, we are working to be as ready as possible when the new rules are expected to be finally adopted later this fall. The Ministry of Taxation is in charge of the creation of the new rules, so for us at the Danish Gambling Authority, it’s about being prepared for when the new rules will be implemented,” the Danish Gambling Authority said.

“Among other things, we are preparing a new application process for charity lottery. Through a series of questions, it guides applicants to apply for the right licence for their lottery. It will also prepare them to comply with the rules once the applicants have been granted a licence and then hold a lottery.

“We are also preparing the application process for liberalised land-based bingo.

“As part of the preparations, a communication network has been established with representatives from a broad group of stakeholders. The purpose of this network is to target the guidance efforts so that the Danish Gambling Authority can provide the best possible guidance to associations, companies and others who want to hold a lottery for a good cause.”

Webinar on the New Rules for Charity Lottery
As part of the guidance efforts, the Danish Gambling Authority will host a webinar on Tuesday, 26 November 2024 from 1 pm (The webinar is in Danish). You can register now by sending an email to Simone Wellendorph Lehmann at [email protected], no later than 24 November 2024 at 12 noon.

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The webinar will not cover the rules for liberalised land-based bingo. There will be separate guidance on this area. The webinar will be canceled if the bill is not passed at this time. If it is cancelled, it will be announced on the Danish Gambling Authority’s website.

Transition Phase from the Current to the New Charity Lottery Rules
In the draft bill that was sent out for consultation, it is planned that applicants will be able to apply for a licence under the new rules from 21 November 2024 with a possible start date for the licence from 1 January 2025.

If, due to planning or similar reasons, an applicant needs to apply for a licence before 21 November 2024, but does not want to hold a lottery until 2025, according to the draft bill, the applicant will receive a licence under the current rules, but with the option to let this licence lapse and then apply for a licence under the new rules after 21 November 2024.

The post Spillemyndigheden: Status on Expected New Rules for Charity Lottery and Liberalised Land-Based Bingo appeared first on European Gaming Industry News.

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Compliance Updates

JCM Global Awarded License by New Mexico Gaming Control Board

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JCM Global (JCM) has successfully passed regulatory review and is now licensed by the New Mexico Gaming Control Board. This license enables JCM to sell and service customers directly throughout the state.

This license is the latest in JCM’s wide array of awarded gaming licenses across North America and around the world and underscores JCM’s commitment to holding itself to the highest regulatory standards. JCM now maintains more than 170 active gaming licenses.

“Achieving this licensing in New Mexico clearly demonstrates that JCM is willing to meet our customers where they are. Our mission is to give every customer the best possible service and support, and now we can provide that directly for our industry leading transaction and automation solutions throughout New Mexico instead of through third party vendors,” said Dave Kubajak, JCM Global SVP Sales, Marketing, and Operations.

JCM provides a broad range of products to casinos in New Mexico including iVIZION and UBA Pro bill validators, GEN5 thermal printers, ICB Intelligent Cash Box System, FUZION system with AML monitoring, and DSS Digital Signage Solutions.

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