Guidance
The prevention of money laundering and combating the financing of terrorism
Gambling Commission guidance for remote and non-remote casinos: Fifth edition (Revision 3).
11 - Suspicious activity reporting requirements for remote casinos
For the purposes of this section, 'British customer' is inferred to mean a customer who is physically located in Great Britain when they use gambling facilities provided in reliance on a remote casino licence issued by the Commission, regardless of their usual residential address.
'Non-British customer' on the other hand means a customer who is not physically located in Great Britain when they use gambling facilities provided in reliance on a remote casino licence issued by the Commission, regardless of their usual residential address.
The Commission is aware that some remote casino operators not physically located in Great Britain may be required by local law to report instances of known or suspected money laundering activity by British customers to the FIU of the jurisdiction in which the operator is situated, rather than the NCA.
The Commission's view is that remote casino operators should report suspicious activity to the authorities in the area where the remote gambling equipment used in the specific suspicious transaction is located. However, in relation to transactions concerning British customers, it is the Commission's view that such reports should also be received by the authorities in this jurisdiction.
Suspicious activity reporting
Where any of the remote gambling equipment used in a transaction which is known or suspected to involve money laundering is located in Great Britain (as well as equipment located in Northern Ireland), the known or suspected money laundering activity must be reported to the NCA. Operators must provide the Commission with the unique reference numbers allocated by the UKFIU of the NCA, for reports submitted by them, within five working days of receipt thereof, in accordance with licence condition 15.2.1.
Where the remote gambling equipment used in a transaction which is known or suspected to involve money laundering is located outside Great Britain, but involves a British customer, and the jurisdiction in which the equipment is located is not a member of the Egmont Group (or the jurisdiction does not include gambling businesses under AML or CTF legislation, or prohibits online gambling), the known or suspected money laundering activity must be reported to the NCA. Operators must provide the Commission with the unique reference numbers allocated by the UKFIU of the NCA, for reports submitted by them, within five working days of receipt thereof, in accordance with licence condition 15.2.1.
In all other cases, the known or suspected money laundering activity must be reported to the FIU of the jurisdiction in which the remote gambling equipment used in a transaction, which is known or suspected to involve money laundering, is located. The relevant report will then be shared with the NCA through the Egmont Group, where appropriate.177 Where circumstances permit, operators should provide the Commission with the unique reference numbers allocated by the applicable FIU, for reports concerning British customers, within five days of receipt thereof.
These reporting requirements are summarised in the following table.
Reporting requirements
| Customer | Location of remote gambling equipment | Member of Egmont Group? | Report suspicious activity to | Unique reference numbers (URNs) |
|---|---|---|---|---|
| British or Non-British customer* | Britain** or Northern Ireland | Yes | NCA | Operators should provide the Commission with the URNs allocated by the NCA within five working days |
| British customer* | Outside Britain** | No
Yes, but domestic FIU does not receive gambling SARs Country prohibits online gambling |
NCA | Operators should provide the Commission with the URNs allocated by the NCA within five working days |
| British or Non-British customer* | Outside Britain** | Yes | Domestic FIU*** | Where circumstances permit, operators should provide the Commission with the URNs allocated by the FIU, for reports concerning British customers, within five working days |
* See suspicious activity reporting requirements for remote casinos
** Britain means England, Scotland and Wales
*** In the case of operators where the remote gambling equipment used in a transaction which is known or suspected to involve money laundering is located in Gibraltar and involves a British customer, known or suspected money laundering activity must be reported to the Gibraltar FIU and the UKFIU.
Applying for a defence
Where remote casino operators wish to make use of the defences provided by sections 327(2)(a) (opens in a new tab), 328(2)(a) (opens in a new tab) and 329(2)(a) (opens in a new tab) of POCA where they believe that, by proceeding with a transaction with a British customer, they will be committing a prohibited act, they should apply for a defence (appropriate consent), in accordance with section 335 (opens in a new tab) of POCA, from the NCA.178
References
177 Sections 327 (opens in a new tab),
328 (opens in a new tab) and 329 (opens in a new tab) of the Proceeds of Crime Act. Note that in the case of operators where the remote gambling equipment used in a transaction which is known or suspected to involve money laundering is located in Gibraltar and involves a British customer, known or suspected money laundering activity must be reported to the Gibraltar FIU and the UKFIU.
178 See applying for a defence
Applying for a defence Next section
Failing to report
Last updated: 30 May 2023
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Updated in line with version 3 of the guidance. References to 'proliferation financing' added.