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Compliance Updates

ANJ, the new French gambling regulator is launched

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On Monday 22 June, the members of the ANJ met for the first time around the President, Isabelle Falque-Pierrotin. This first meeting of the ANJ Boardmarks the launch of the new regulator, which is now competent in all segments of the gambling market.

An extended regulatory scope

In 2019, France has amended its legal framework of gambling and its regulation. A new gambling regulatory authority (ANJ) has been set. It follows ARJEL with a significantly extended regulatory scope and enhanced powers.

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The ANJ is now responsible for all components of the legal gambling market, both online and offline:

  • online games that ARJEL regulated, such as sports betting and horse racing betting and poker offered by the 14 licensed operators ;
  • all the games of La Française des Jeux or the PMU sold in physical points of sale or online;
  • 228 racecourses;
  • 202 casinos, with the exception of anti-money laundering issues and the integrity of the games offered, which remain under the responsibility of the Ministry of Home Affairs.

 

While ARJEL regulated 11% of the French gambling legal market, the ANJ now regulates 78%, which represents a market of more than 50 billion euros in bets

 

The foundations for a consolidated regulation are therefore laid to have an overall gambling policy in France under the control of the ANJ. It will be able to implement a complete “toolbox” including preventive, prescriptive and control activities, as well as sanction measures throughout the entire gambling industry.

 

The ANJ missions are structured around four objectives:

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  • Prevent excessive or pathological gambling and protect minors;
  • Ensure the integrity, reliability and transparency of gaming;
  • Prevent fraudulent and criminal activities, as well as money laundering and financing of terrorism;
  • Ensure the balanced, fair development of various types of games, in order to avoid any economic destabilisation of the sectors concerned.

 

Enhanced powers

The ANJ has enhanced powers to fulfil its missions, such as the ability to require the withdrawal of a commercial communication involving an inducement to excessive gambling or the ability to carry out on-site controls.Regarding operators under exclusive rights, it authorizes their games offer and it annually approves their games program, their promotional strategy as well as their action plans in the fight against fraud and money laundering on the one hand, prevention of gambling addiction and the protection of minors on the other hand. The ANJ will exercise greater control over these operators in these different fields. ​

The methods of regulation

The ANJ will set up a regulation that combines support and control.

  • In the short term, the ANJ will use pedagogy to explain to economic actors the new rather complex legal framework. It has already planned to bring them together shortly to present their new obligations.
  • It is currently finalising two reference frameworks, one on the prevention of gambling addiction and the protection of minors and the other on the fight against fraud, money laundering and the financing of terrorism. These new compliance tools will be submitted for consultation with the stakeholders concerned in order to develop standards that are as close as possible to the sectoral realities and to secure their practices.
  • It will also ensure compliance with the obligations of the law, which implies a credible and appropriate control strategy, and even sanctions for the most serious breaches. In this respect, it will sign an agreement with the Race and Gaming Central Service of the Ministry of Home Affairs for on-site inspections in points of sale and casinos.

Protecting players: a priority for the ANJ

In France, one person out of two is a gambler. Problem gamblers are estimated around 1,2 million. So, preventing excessive or pathological gambling is a public health issue to which the ANJ attaches the utmost importance.

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The ANJ will place the players at the heart of the regulation. For that to be real and effective, the ANJ will be as close as possible to the gambling experience and the uses of the players, by articulating its action around the three fronts: information, service and capitalization on the collective intelligence of the players.

The transfer of the management of the file of banned players from the Ministry of Home Affairs to the ANJ starting from September will be an opportunity to make players more responsible. Indeed, the ANJ will propose a new registration process and a real tool for self-protection and control of the game, faster and less guilt-ridden. Concretely, a motivational interview with the ANJ staff will be carried out with the players in order to direct them, if necessary, to health-care professionals.

For Isabelle FALQUE-PIERROTIN, Chairwoman of the ANJ: “The ANJ is not an enlarged ARJEL, it is a new project that requires rethinking regulation. It has to adapt its intervention to monopolies (FDJ and PMU) and to players gambling mostly anonymously in points of sale. I would like to set up a regulation that combines support and control in order to better serve and protect players”.

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Compliance Updates

Brazil’s Ministry of Finance Appoints Régis Dudena as Secretary of Prizes and Betting

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Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudena’s appointment ordinance is signed by Rui Costa, Minister of the Civil House.

The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.

The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at Palácio do Planalto during Dilma Rousseff’s government.

Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).

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The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.

Bets representatives welcomed the name Régis Dudena.

From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sector’s regulatory policy.

Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.

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Australia

Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

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The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

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“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”

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The post Crown Reinstated at Sydney Casino appeared first on European Gaming Industry News.

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Alex Lieblong

Arkansas Casino Seeks iGaming Approval

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An Arkansas casino is seeking approval to operate an iGaming app, allowing people within the state to go online to play casino games such as slots, blackjack, craps and more.

On March 13, Carlton Saffa, Chief Market Officer for the Saracen Casino Resort in Pine Bluff, wrote to Arkansas Racing Commission Chairman Alex Lieblong asking for a change in the rules to allow Internet casino gambling, which is often referred to as iGaming or iCasino platforms.

On Monday, Saffa told Gambling.com he hopes to appear before the Arkansas Racing Commission on May 6 seeking approval to offer iGaming. The Arkansas Racing Commission regulates all gambling matters in the state including horse racing and casino games.

iGaming Doesn’t Hurt Bricks-And-Mortar Casinos: Saffa

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Nationwide, only a half dozen states from Michigan to Connecticut offer Internet casino gambling. Arkansas would be the first in its region with iGaming, permitting users who want to log onto a computer or download an app to play traditional casino games for money. Other states in the region already offer sports betting.

In his March 13 letter to state regulators, Saffa said estimates indicate Internet casino gambling from the Saracen Casino Resort alone would generate an additional $12 million in taxes annually for the state. Internet casino gambling, or iGaming, generally raises more tax revenue than sports betting in states that have both.

However, in some states without iGaming, casino operators have fought legalization, contending customers won’t visit a bricks-and-mortar casinos and spend money at restaurants and on other amenities including entertainment and lodging if they can log onto cellphones or computers and gamble from anywhere. In his letter to state regulators, Saffa pointed to research showing iGaming doesn’t cannibalize bricks-and-mortar casinos but instead gives them ‘a lift’.

State Rule Change Required

Arkansas already allows online poker, though that has not been made available to consumers, Saffa said. He said the ability to allow iGaming would require the Arkansas Racing Commission to amend a rule to include Internet casino games in addition to the currently legal online card games such as poker.

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“A solution exists by amending ARC Rule 5, which already authorizes online poker, to include other types of table games and slots,” Saffa told Gambling.com on Monday. “Doing so would provide significant tax revenues to government and, just as important, ensure that operators be held accountable by the government. Given that we have seen online operators in the fantasy sports space ignore cease and desist demands from the state, merely attempting to police the matter is not a workable solution.”

Saffa recently made a similar argument on the topic of unregulated gambling, telling Gambling.com on The Edge he opposes a ban on college player props bets, saying, “Sunlight is the best disinfectant.”

“People in Arkansas are already gambling in online casinos and those companies are not regulated or taxed by the Arkansas Racing Commission,” Saffa said Monday. “Those companies are not held to the standards the people of Arkansas set forth for operators to include that a customer must be 21.”

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