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Compliance Updates

MGA Issues Interim Performance Report for January to June 2023

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The Malta Gaming Authority (MGA) has released its Interim Performance Report for the period between January and June 2023. The report provides a review of the Authority’s accomplishments for the first half of 2023, together with a description of the Maltese gaming industry’s performance over the same period. The latter provides a medium-term outlook towards the future, as well as an analysis outlining important statistics for the land-based and online gaming industries.

Supervisory Activities

  • Between January and June 2023, the Authority conducted 14 compliance audits and 85 desktop reviews. The Commercial Communications Committee also issued a total of three Letters of Breach, whereby operators were found to be in breach of the Gaming Commercial Communications Regulations (S.L. 583.09). The Authority issued 23 warnings, cancelled four licences and suspended another five, following information which emerged from supervisory activities. Furthermore, the MGA issued a total of nine administrative penalties as well as one regulatory settlement, with a collective total financial penalty of €124,400.
  • The MGA also carried out 11 Compliance Examinations on behalf of the FIAU. During the same period, the FIAU imposed administrative penalties on three licensees based on violations discovered during examinations carried out in previous years. In total, these amounted to €599,420.
  • A total of 545 criminal probity screening checks were undertaken on personnel, shareholders, ultimate beneficial owners, key individuals, employees, and businesses from the land-based and online gaming sectors. A number of these were escalated to the Fit & Proper Committee, which during the period in review determined that four individuals and entities did not meet the Authority’s fit and properness criteria. The Supervisory Council also rejected one licence application on the same basis.
  • In the first half of the year, 19 interviews with prospective MLROs and key persons carrying out the AML/CFT function were carried out with the aim of determining the knowledge and suitability of each candidate.
  • In its efforts to safeguard players and promote responsible gaming, the Authority assisted a total of 2216 players who requested assistance, covering the majority of the cases received during 2023 and the spillover from 2022. Furthermore, 40 responsible gambling website checks were conducted to ensure that licensees are duly protecting their players as required by law, and 16 observation letters were issued identifying areas of improvement.
  • A total of 11 cases of websites having misleading references to the Authority were investigated, while a total of six notices were published on the MGA’s website with the aim of preventing the public from falling victim to such scams.

National and International Cooperation

  • Enforcement agencies, sports governing bodies, integrity units and other regulatory authorities made a total of 12 requests for information, specifically in relation to the manipulation of sporting events or violations of sporting regulations. Subsequently, these requests resulted in 17 data exchanges. In addition, 166 allegations of suspicious betting from licensees and other interested parties were received.
  • Between January and June 2023, a total of 118 alerts on suspicious betting were sent to the industry. Following further correspondence of these alerts to the industry, the Authority received a total of 12 new suspicious betting reports through the Suspicious Betting Reporting Mechanism.
  • The Authority participated directly in six separate investigations into sports rules violations or manipulation of sporting competitions during the time under review. A direct investigation implies that the report came from MGA licensed operators, and thus betting data was shared. In addition, the Authority also participated indirectly in another five investigations, where the events reported formed part of another jurisdiction, but concerned Maltese players.
  • The Authority sent 23 requests for international cooperation, relating to requests for background checks as part of an authorisation process. Furthermore, the Authority received a total of 37 requests for international collaboration from other regulators.
  • By the end of June 2023, a further 53 official replies were issued, providing feedback on the regulatory good standing of our licensed operators to the relevant authorities asking for this information.
  • In total, during the first six months of the year, the MGA received 45 requests for information from other local regulating authorities and governing bodies.

The MGA will publish a full-year industry performance report during the second half of 2024, when it publishes its Annual Report for the financial year ending 31 December 2023.

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Chris Christie

Chris Christie bets on Texas to approve OSB in 2025

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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.

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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.

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“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.”

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Compliance Updates

Spillemyndigheden Calls Attention to FATF’s Updated Lists of High-risk Jurisdictions

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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.

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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.

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Africa

South Africa: Tribunal Grants Lottoland Interim Relief – Orders Google to Grant Lottoland Access to its Advertising Platform

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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).

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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;

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• 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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