The practice of gambling in 2019: The transposition in the national legislation of the EU directive in the money laundering field
Series of articles from “The Practice of Gambling” by Anchidim Zagrean, Rombet Vice-President
(Continued from the last issue)
7. The reporting entities establish internal policies and norms, and procedures of administration of the risks of money laundering and terrorism financing, which include at least the following elements:
a) measures applicable in the matter of clientele acquaintance;
b) measures applicable in the matter of reporting, preservation of evidences and of all the documents according to the requirements of the law and prompt provision of data at the request of the competent authorities;
c) measures applicable in the matter of internal control, risk evaluation and management, management of compliance and communication;
d) measures applicable in the matter of protection of the staff involved in the process of application of these policies, against any threats or hostile or discriminating actions;
e) periodical training and evaluation of the staff.
8. The reporting entities which are part of the group have the obligation to apply policies, procedures and training at group level, including data protection policies and procedures regarding the exchange of information within the group in view of fighting money laundering and terrorism financing, which they also apply at the level of their subsidiaries and branches from the member states and third states.
9. The inclusion within the national framework for the money laundering and terrorism financing prevention and control of the National Gambling Office, which is to:
> perform the evaluation of the risk of occurrence of such criminal phenomena at sectorial level and, as the case may be, to issue regulations or instructions with regard to the risk factors and the counteracting and diminishing measures;
> draw up statistics regarding the efficiency of the measures for the prevention and control of money laundering and terrorism financing, in the specific field of activity, including:
a) measurement data of the dimension and importance of the sector entering in the scope of the law, including the number of entities and persons, as well as the economic importance of this sector;
b) measurement data of the reporting phases, of investigation and judicial of the national framework for fighting money laundering and terrorism financing, including the number of reports regarding the suspect transactions forwarded to the National Office for the Prevention and Control of Money Laundering, the actions taken as a result of those reports and, annually, the number of cases investigated, the number of prosecuted persons, the number of persons sentenced for money laundering or terrorism financing activities, the type of crimes generating goods subject to money laundering, if such information is available, as well as the value in euro of the goods seized or confiscated;
c) if available, data indicating the number and percentage of reports whose consequence is an additional investigation, together with the annual report to the reporting entities where there are detailed the utility and consequences of the reports presented;
d) data regarding the number of trans-border requests for information which were made, received, partially rejected or fully solved by the National Office for the Prevention and Control of Money Laundering.
> transmit to the National Office for the Prevention and Control of Money Laundering , in electronic format, the statistics provided, in the form established. The National Office for the Prevention and Control of Money Laundering assures the annual publication of a consolidated version of the statistics, on its internet page;
> survey and control, within its job attributions, the modality of application of the provisions of the law by the reporting entities providing gambling services;
> inform immediately the National Office for the Prevention and Control of Money Laundering, as the case may be:
a) when, in exercising their specific job attributions, discover any deeds which may be related in any way to money laundering or terrorism financing activities;
b) with regard to other violations of the dispositions of the law with significant impact on the exposure to the risk of money laundering and terrorism financing, acknowledged in accordance with their specific attributions.
We’ll be back with new opinions regarding “The practice of gambling in 2019”, in the following edition of the magazine…
