6. Apr. Geldwäsche für Anfänger: Die Methoden der Kriminellen "Das war immer ein Gerücht", sagt Casinos-Austria-Sprecher Martin Himmelbauer. Einführung: Jeder kennt es umgangsprachlich als Geldwäsche-Gesetz (GwG). Im Juristendeutsch wird es "Gesetz über das Aufspüren von Gewinnen aus. 8. Dez. Spielhallen und Casinos haftet oft der Ruf des Anrüchigen an – egal ob Er unterscheidet dabei zwei Arten von Geldwäsche, je nachdem ob. Where factual circumstances or ratings given by national or international agencies established to combat money laundering and terrorist financing justify the assumption that a higher risk exists in umm casino speiseplan cases, particularly in connection with compliance with due diligence requirements in a certain country, the relevant competent authority designated in section 16 2 nos. Are personal and premises licences needed? The identification process may be completed while the business relationship is being established if this is necessary in order to avoid interrupting the normal course deutschland mexiko wm business and there is a low risk of money laundering or terrorist financing involved. Sie können jetzt schon Beiträge bedingt lesen. Casino games and poker: Pizarro tore must be noted, though, that Section 56 para 1 GSpG excludes any proceedings casino app real money paypal the UWG being initiated against the holders of licences and concessions under the GSpG as regards their compliance with the requirement to advertise their products in a responsible manner. A number of further restrictions include, e. A corporate seat in Austria is required unless the company has a comparable lotteries licence in its state of incorporation, is Beste Spielothek in Kleinglattbach finden to a comparable gambling supervision and such supervisory authority cooperates with the BMF. For the purposes of verifying the haus lennister owner's identity the obliged entity shall always satisfy itself of the veracity of the information collected in accordance with sentence 1 above by taking risk-adequate measures. Such approval may be granted if the third party provides an assurance that the controls and safeguards or processes will be carried out properly and that the management capabilities of the obliged entities as defined in section 2 1 no. Name Name must have at least 0 and no more than characters. Request a risk analysis for your business. We will work with you to establish internal security measures that will Beste Spielothek in Sankt Oswald finden minimise risks, as well as slots pharaohs way cheat deutsch android training for your employees. In the event that the contracting party or beneficial owner first exercises a prominent public function during the course of the business relationship, or the obliged entity only becomes aware that the contracting party or beneficial owner exercises a prominent public function after the business relationship is established, the superior of the person acting on behalf of the relevant obliged entity shall be required to approve the continuation rather than the establishment of the business relationship.
Most Bundesländer have introduced restrictions on betting on certain events and live betting or certain maximum opening hours for betting shops or plan to do so.
For instance, Vienna allows live betting only on end results and parts of the end results. Slot machines outside casinos: Players must not be able to play games simultaneously.
After two hours of playing, the machine has to shut down automatically. There are also requirements on minimum distances between gaming halls and provisions on how many machines may be installed in one location 10 to 50 machines in gaming halls, one to three machines outside gaming halls, e.
According to the GSpG, the number of slot machines outside casinos is limited to a maximum of three licences per Bundesland. Further, there is a restriction of a maximum of one machine per 1, inhabitants.
A number of further restrictions include, e. The operation of VLTs is subject to the lottery monopoly. The main legal restrictions regarding licensees are stipulated in the GSpG.
According to the GSpG, in municipalities of more than , inhabitants, there must be at least two kilometres between a VLT outlet with more than 15 machines and a casino.
Otherwise, the distance between venues with more than 15 machines must be 15 km. There are no restrictions on maximum stakes or pay-outs.
Advertising illegal gambling carries an administrative penalty of up to EUR 22, Gaming and betting taxes are levied at the point of consumption and apply irrespectively of whether or not the operator holds a licence in Austria.
Operators have to pay the following taxes:. The GSpG provides for a number of player protection regulations, most of which have to be fulfilled by an operator in order to receive a licence.
The Austrian Gambling Act regulates, for instance, the access to casinos see question 2. Some of the Bundesländer betting acts provide that players must be able to self-exclude.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
The GSpG also contains provisions regarding the protection of minors. According to the new AML provisions, gambling providers are subject to enhanced due diligence obligations, e.
All suspicious activities must be reported to the Financial Intelligence Unit Geldwäschemeldestelle. Special provisions apply to dealing with politically exposed persons.
Land-based casinos and slot machine operators are obliged to check identity documents of all customers. Section 12a GSpG does not further describe the product scope.
The BMF and the current de facto monopoly holder, Österreichische Lotterien GmbH consider the licence to cover all games of chance offered online, including online casino games, which are outside the scope of the products that Österreichische Lotterien GmbH may offer offline.
As regards compliance of the Austrian online gambling monopoly with EU law, please see question 4. Licences for in general: Some Austrian provinces have extended the applicability of their legislation to online operators having their servers located in the respective province e.
Sanctions provided for the illegal offer of land-based gambling also apply to online gambling. This applies in particular to administrative fines described in question 1.
Blacklisting websites, ISP and financial blocking are not part of the sanctioning measures of Austrian law. Despite doubts as regards compliance of the online gambling monopoly with EU law, the BMF firmly considers it illegal to offer online gambling without an Austrian licence.
Further details are provided in the laws of the Bundesländer. There are several technical requirements concerning slot machines, including adequate warning and data protection systems in case of technical failures.
Further, there is a minimum duration for certain games and players are only allowed to play for a certain maximum amount of time, after which the slot machine must automatically switch off for a cool-off period.
Further, certain pay-out ratios must be applied. The technical requirements must be evidenced by a technical expert opinion.
Slot machines must be connected to the Federal Computing Centre Bundesrechenzentrum. Some Bundesländer have added technical requirements for betting terminals to their laws, including that terminals must not enable placement of bets by more than one person including by connecting terminals with other terminals or gadgets via Bluetooth or WiFi.
Betting terminals must have a serial number that needs to be submitted to the authorities. In some Bundesländer , stake limits for betting terminals apply.
In the first place, the operators are held liable for violations of the GSpG. However, directors and other legal or natural persons supporting illegal activities carried out by the entity in connection with gambling e.
We are helping clients to implement the above recommendations. If you would like help with this also, please contact Thomas Webb from our fraud and white collar crime team.
Money Laundering Regulations now in force: Who is covered by MLR ? However, there are a few differences: All gambling providers are now caught by MLR , rather than simply holders of a casino operating licence, as under MLR Trustees have greater obligations relating to transparency of beneficiaries in their trusts.
This point is dealt with below. What are the new requirements? Key changes for MLROs to consider include: Whereas MLR required firms to keep policies relating to risk assessment and due diligence, MLR is more prescriptive, particularly when it comes to risk mitigation procedures.
This means that a relevant person must produce a written AML risk report addressing its customers, countries of operation, products and services, transactions, delivery channels and the size and nature of the business.
The relevant person must then translate the findings of this process into written policies. They must include internal controls over money laundering and terrorist financing risks e.
The must also include revised customer due diligence procedures as well as reporting, record keeping and monitoring requirements. Level of due diligence: We will help create the internal structure your company needs to fulfil its obligations under the Money Laundering Act.
We will work with you to establish company-specific typologies. We will document the results and assess them through a risk report.
We will record processes within your company and monitor them on an ongoing basis to promptly recognise potential cases of money laundering.
We will train your employees so they can adhere to the stipulations of the Money Laundering Act. As an external money laundering officer, we serve as a contact person for regulatory agencies.
We will consult with you on your documentary obligations. Money laundering prevention is part of compliance. Upon request, we can handle your communications with the responsible supervisory and law enforcement agencies.
Do you plan to trade goods and commodities in Germany? Prepare to enter the German market — securely! External money laundering officer Upon request, we can serve your company as an external money laundering officer.
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The identification requirements may also be met by identifying customers upon entry to the casino, provided the obliged entity also ensures that each transaction of EUR 2, or more associated with buying, selling or exchanging gambling chips can be traced to the respective customer.
Obliged entities must be able to demonstrate to the competent authorities set forth in section 16 2 upon request that the measures they have adopted are to be deemed adequate based on the risk of money laundering and terrorist financing.
Where a business relationship already exists, the obliged entities shall terminate or otherwise end the business relationship regardless of any other statutory provisions or contractual terms.
Sentences 1 and 2 above shall not apply to the persons defined in section 2 1 nos. The identification process may be completed while the business relationship is being established if this is necessary in order to avoid interrupting the normal course of business and there is a low risk of money laundering or terrorist financing involved.
The Federal Ministry of the Interior may, with the agreement of the Federal Ministry of Finance, designate further documents as appropriate for verifying identity by means of a Regulation not requiring the consent of the Bundesrat.
Details of the beneficial owner's date and place of birth and address may be collected irrespective of the ascertained risk. For the purposes of verifying the beneficial owner's identity the obliged entity shall always satisfy itself of the veracity of the information collected in accordance with sentence 1 above by taking risk-adequate measures.
The contracting party shall disclose to the obliged entity whether it intends to establish, continue or carry out the business relationship or transaction on behalf of a beneficial owner.
Such disclosure to the obliged entity shall also include information that verifies the identity of the beneficial owner. Simplified due diligence measures include the identification as referred to in section 3 1 no.
Section 3 4 sentence 2 shall apply mutatis mutandis. Section 25d of the Banking Act shall apply mutatis mutandis to institutions and persons as defined in section 2 1 no.
Section 3 4 sentence 2 and 6 shall apply mutatis mutandis. As a rule, public functions below the national level are not considered as prominent unless their political significance is comparable with similar positions at the national level.
The obliged entity which must clarify whether the contracting party or the beneficial owner is a close associate of a person who exercises a prominent public function shall be required to do so only to the extent that such relationship is known to the public, or it has reason to believe that such a relationship exists; however, it is not required to conduct investigations into the matter.
The following shall apply if the contracting party or beneficial owner is a politically exposed person in this sense:.
In the event that the contracting party or beneficial owner first exercises a prominent public function during the course of the business relationship, or the obliged entity only becomes aware that the contracting party or beneficial owner exercises a prominent public function after the business relationship is established, the superior of the person acting on behalf of the relevant obliged entity shall be required to approve the continuation rather than the establishment of the business relationship.
The contracting party shall provide the obliged entity with the necessary clarifying information and advise it without undue delay of any changes arising during the course of the business relationship.
Where the contracting party or beneficial owner is a politically exposed person who exercises a prominent public function in Germany or as a member of the European Parliament who has been elected in Germany, or who has not exercised a prominent public function for at least one year, the general due diligence requirements under section 3 shall apply, subject to a risk assessment being carried out in the individual case.
Where the contracting party is a natural person and is not physically present for identification purposes, the obliged entity shall verify the contracting party's identity by means of:.
Where the contracting party's identity is verified in accordance with sentence 1 a , b or d , the obliged entity shall ensure that a transaction is carried out directly from a payment account as defined in section 1 3 of the Payment Services Supervision Act held in the name of the contracting party with an institution as defined in section 2 1 no.
Where the contracting party's identity is verified by means of a qualified digital signature, the obliged entity shall check the validity of the certificate, the notification filed by the provider of the certification service in accordance with section 4 3 of the Signature Act, the integrity of the certificate and its connection with the digitally signed data.
The findings of this investigation shall be recorded and kept in accordance with section 8 1 to 5. Where factual circumstances or ratings given by national or international agencies established to combat money laundering and terrorist financing justify the assumption that a higher risk exists in other cases, particularly in connection with compliance with due diligence requirements in a certain country, the relevant competent authority designated in section 16 2 nos.
In derogation of sentence 1, such orders shall be issued by the Federal Chamber of Lawyers Bundesrechtsanwaltskammer for lawyers and legal advisors who are members of a chamber of lawyers, the Federal Chamber of Tax Advisors Bundessteuerberaterkammer for tax advisors and tax agents, the Federal Chamber of Notaries Bundesnotarkammer for notaries who are members of a chamber of notaries, and the competent supreme authority at Länder level in cases in which section 11 4 sentence 4 applies.
However, the obliged entities shall remain ultimately responsible for fulfilling such due diligence requirements.
For the purposes of this provision, "third parties" means institutions and persons domiciled in a member state of the European Union and falling under section 2 1 nos.
If due diligence requirements equivalent to those under section 3 1 nos. In the cases described in this subsection, third parties shall, directly and without undue delay, transmit to the obliged entities the data and information obtained upon carrying out measures equivalent to those under section 3 1 nos.
Doing so may not hinder the obliged entity in properly performing its obligations as laid down by this Act, nor interfere with the ability of its management to supervise and oversee the institution or person, nor interfere with the powers and ability of the competent authority under section 16 2 to audit and oversee the institution or person.
Before cooperating with another person, the obliged entity shall satisfy itself of the reliability of such person, and during the course of the cooperation satisfy itself of the appropriateness and propriety of the measures adopted by such other person by means of spot checks.
The measures adopted by the other person shall be attributed to the obliged entities. Section 25a 2 of the Banking Act shall remain unaffected. Where a contractual arrangement as referred to in sentence 1 is entered into with German embassies, foreign chambers of commerce or consulates, they shall be deemed suitable persons by agreement.
Sentence 3 shall not apply in this case. In the cases set forth in section 4 4 sentence 1 no. A copy of the document presented for verification of identity pursuant to section 4 4 sentence 1 no.
If a repeat identification is dispensed with pursuant to section 4 2 , the name of the person to be identified and the fact that the person was identified on a previous occasion shall be recorded.
Where, in the case of section 6 2 no. It must be ensured that the stored data are consistent with the information gathered, are available for the duration of the retention period and can, within a reasonable period of time, be made readable at any time.
In the case of section 3 2 sentence 1 no. In all other cases, it shall begin upon conclusion of the calendar year in which the respective information was gathered.
For obliged entities defined in section 2 1 nos. In the event of the compliance officer money laundering being unavailable, a deputy compliance officer money laundering shall be appointed.
The appointment and removal of such compliance officer shall be reported to the competent authorities under section 16 2. The compliance officer money laundering shall be provided with unrestricted access to all information, data, records and systems that may be of relevance in the performance of his functions.
The compliance officer money laundering shall use the data and information solely for the purpose of performing his duties. The compliance officer money laundering shall be granted adequate powers for performing his function; 2.
The employee control and appraisal systems of the obliged entities are intended, in principle, to ensure regular reliability screening of employees.
Subject to the prior approval of the competent authority under section 16 2 , the obliged entities covered by subsection 1 may, on the basis of contractual arrangements, assign third parties to implement internal controls and safeguards as described in subsection 2 and to keep records as described in section 8.
Such approval may only be granted if the third parties provide assurance that the measures will be carried out properly and that the management capabilities of the obliged entities and supervision by the competent authority under section 16 2 will not be adversely affected.
In derogation of sentence 1, such orders shall be issued by the Federal Chamber of Lawyers for lawyers and legal advisors who are members of a chamber of lawyers, the Federal Chamber of Tax Advisors for tax advisors and tax agents, the Federal Chamber of Notaries for notaries who are members of a chamber of notaries, and the competent supreme authority at Länder level under section 11 4 sentence 4 for notaries who are not members of a chamber of notaries.
The authority referred to in sentence 1 shall issue orders for the appointment of a compliance officer money laundering to obliged entities as defined in section 2 1 no.
High-value goods as referred to in sentence 3 are items which, by their very nature, their market value or intended use distinguish themselves from everyday utilitarian objects or which, given their price, are not considered an everyday acquisition.
These generally include precious metals such as gold, silver and platinum, precious stones, jewellery and watches, works of art and antiques, motor vehicles, ships, motor boats and aircraft.
Such authority may determine that the provisions of subsections 1 and 2 shall be applied due to a risk-based approach to individual or groups of obliged entities as defined in section 2 1 based on the type of business they conduct and the size of the business operation, taking into account the vulnerability of such business or business operation to misuse for money laundering and terrorist financing purposes.
The competent authority under section 16 2 no. It also involves the continuous development of appropriate strategies and controls and safeguards to prevent the misuse of new online gambling technologies for the purposes of money laundering, terrorist financing or for favouring the anonymity of business relationships and transactions.
Obliged entities as defined in section 2 1 no. The former AML Act applied to online gambling and brick-and-mortar casinos — if they were licensed in Germany.
The scope of the new AML Act is extended in two ways:. But there are notable exceptions. Some gambling services are exempt from the new AML Act because of their low risk of money laundering.
These services are not obliged to put into effect any AML measures:. However, especially online casino games and sports betting are obliged under the new AML Act.
This is irrespective of whether they are licensed, tolerated or even unlicensed. In the case of sports betting it is even irrespective of the kind of service — operation or intermediation — and also irrespective of the venue — on the Internet or in sports betting shops.
The newly obliged parties face a multitude of AML measures to comply with. For offline gambling services, this applies from a threshold of Euro winnings or stakes.
Online gambling services do not benefit from this privilege — they have to identify their customers from the beginning. This is a relief for obliged online gambling operators because they are allowed to comply with only one KYC regime — the one they already know from gambling regulation.
All gambling operators have to appoint an AML officer. They may apply to be exempt from this obligation by the gambling authorities if a risk based assessment supports the case.
A parent company for companies operating in different countries now has to comply with the AML laws of all countries its subsidiaries are active in.
AML measures have to be unified on a group level. The already known restrictions of payment methods for online gambling services still apply under the new AML Act.
However, there is one new relief that is targeted at online sports betting but that also applies to e. Transactions of up to 25 Euro and combined Euro per month do not require a verification that the credit card used for payment belongs to the actual player.
To better enforce the new AML requirements the legislator equipped the gambling authorities with a substantially enhanced toolbox.
Gambling authorities are authorised to:. The legislator also nearly quadrupled the catalogue of administrative offenses from a list of 17 offenses to a list of 64 offenses.
And the height of the administrative fines for one offense has also been increased tenfold from The new and complex regulation will affect many gambling companies for the first time which never had to deal with AML in the past.