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  3. Duties and responsibilities under the Proceeds of Crime Act 2002

Guidance

Duties and responsibilities under the Proceeds of Crime Act 2002

This advice explains how operators can make sure they and their employees comply with their obligations under The Proceeds of Crime Act 2002 (POCA).

Published
13 November 2020

Last updated
6 March 2023 - Changes

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  1. Contents
  2. Part 1 - Introduction and summary of the advice
  3. 5 - Licence conditions and codes of practice

5 - Licence conditions and codes of practice

Operators are required to comply with the applicable Licence Conditions and Codes of Practice and should read this advice in conjunction with the conditions and codes. Should operators breach the licence conditions or not follow the code provisions, the Commission may consider reviewing the operating licence in accordance with section 116 (opens in a new tab) of the Act.

This could result in the suspension or revocation of the operator's licence under sections 118 (opens in a new tab) and 119 (opens in a new tab) of the Act. The Commission may also consider imposing a financial penalty where we think that a licence condition has been breached, in accordance with section 121 (opens in a new tab) of the Act.

Operators should take note of the following licence conditions and codes of practice, in particular:

Licence condition 12.1.1, which requires operators to:

  • Conduct an assessment of the risks of their business being used for money laundering and terrorist financing.
  • Have appropriate policies, procedures and controls to prevent money laundering and terrorist financing.
  • Ensure that such policies, procedures and controls are implemented effectively, kept under review, revised appropriately to ensure that they remain effective, and take into account any applicable learning or guidelines published by the Gambling Commission from time to time.
  • Licence condition 15.2.1 (4c), which requires operators to report the appointment of a person to a position where the holder of which has overall responsibility for the licensee’s AML/CTF compliance and/or for the reporting of known or suspected money laundering or terrorist financing activity.
  • Licence condition 15.2.2 (1d), which requires operators to report any actual or potential breaches by the licensee of the requirements imposed by or under Parts 7 (link opens in a new window) or 8 (opens in a new tab) of the Proceeds of Crime Act 2002, or Part III (opens in a new tab) of the Terrorism Act 2000.
  • Ordinary code 2.1.1, which requires operators to act in accordance with the Commission’s advice on POCA.
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The Proceeds of Crime Act 2002
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