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  3. The prevention of money laundering and combating the financing of terrorism

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).

Published
13 November 2020

Last updated
24 July 2023 - Changes

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  1. Contents
  2. Part 1 - Introduction
  3. 9 - Licence conditions and codes of practice

9 - Licence conditions and codes of practice

Casino operators are required to comply with the applicable licence conditions and codes of practice25 and should read this guidance in conjunction with the conditions and codes. Should casino 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

Licence condition 12.1.1

This requires operators to:

  • conduct an assessment of the risks of their business being used for money laundering and terrorist financing26
  • have appropriate policies, procedures and controls to prevent money laundering and terrorist financing27
  • 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 12.1.2

This requires operators based in foreign jurisdictions to comply with Parts 2 and 3 of the Regulations.

Licence condition 15.2.1(4)(c)

This 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 or CTF compliance and/or for the reporting of known or suspected money laundering or terrorist financing activity.

Licence condition 15.2.2(1d)

This requires operators to report any actual or potential breaches by the licensee of the requirements imposed by or under Parts 7 (opens in a new tab) or Part 8 (opens in a new tab) of the Proceeds of Crime Act 2002, or Part 3 (opens in a new tab) of the Terrorism Act (opens in a new tab).

Licence condition 15.2.3

This requires operators to report:

  • any actual or potential breaches by the licensee of the provisions of the Regulations
  • the appointment, replacement, departure or removal of the officer responsible for the licensee’s compliance with the Regulations or the nominated officer.

Ordinary code provision 2.1.1

This requires operators to take into account the Commission’s guidance on anti-money laundering.

References

25 Read the Licence conditions and codes of practice.<
26 This must be done in writing, see what casino operators must do for identifying and addressing risks.
27 This must be done in writing, see what casino operators must maintain a record in writing of.

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