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The examples of policies and procedures for designated payment systems other than card systems focus primarily on a due diligence process when establishing a commercial customer relationship. For purposes of the rule, a "commercial customer" is a customer that is not a natural person i. This would be the core policy and procedure to prevent or prohibit restricted transactions. You could conduct due diligence in account-opening procedures designed to ensure that the commercial customer does not originate or receive restricted transactions through the customer relationship.
The examples focus on your business relationship with commercial customers only and do not contemplate that a participant would take any particular action regarding individual consumer accounts. In addition to due diligence at account opening, the examples in section 6 suggest that you communicate to your commercial customers that restricted transactions are prohibited. You could notify all of your commercial customers that restricted transactions are prohibited, by adding a term in the commercial customer agreement, by sending a simple notice to your commercial customers, or by some other method.
In the examples in section 6, your procedures would also include procedures to be followed in case you have "actual knowledge" for example, if you receive information from government officials that a commercial customer has received restricted transactions through your payment facilities. The procedures could cover, for example, the circumstances under which the commercial customer would not be allowed to initiate or receive further payment transactions through your payment facilities or the circumstances under which you would close the commercial customer's account.
If you are a depository institution that participates in ACH, check, and wire-transfer systems, you will be able to establish and implement the same due diligence policies and procedures for commercial customers across all three of those systems for purposes of the rule.
You will not need to establish and implement separate policies and procedures for each of these designated payment systems. Because the rule's due diligence examples only apply to commercial customers, if you have few or no commercial customer accounts, the rule is likely to present relatively minimal implementation burden for you. What due diligence is sufficient for participants in designated payment systems other than card systems?
There may be several ways to meet the rule's requirement to have reasonably designed policies and procedures and section 6 of the rule suggests some possible choices. With respect to due diligence, the Agencies expect that you could use a flexible, risk-based approach in your due diligence procedures so that the level of due diligence you perform will match the level of risk posed by your commercial customer. Section 6 b of the rule sets out specific procedures that you could follow to conduct adequate due diligence of your business's commercial customers in order to assess the risk they present of unlawful Internet gambling.
The most efficient way for you to implement the due diligence procedures may be to incorporate them into your existing account-opening procedures such as those required of depository institutions under Federal banking agencies' Bank Secrecy Act BSA compliance program requirements. If, based on your initial due diligence, you determine that your prospective commercial customer presents only a minimal risk of engaging in an Internet gambling business, you do not need to take further action under the rule before opening the account.
If a commercial customer's description of its business or other factors cause you to suspect that the customer may present more than a minimal risk of engaging in an Internet gambling business for example, the commercial customer offers games or contests over the Internet , you should ask for further documentation from the commercial customer.
A certification from the commercial customer that it does not engage in an Internet gambling business would address factual questions regarding the commercial customer's business. Alternatively, if the commercial customer engages in an Internet gambling business, the commercial customer should provide further documentation to show that the Internet gambling business is lawful, such as a license issued by a U.
State or Tribal authority that authorizes the commercial customer to engage in an Internet gambling business. If you have questions regarding the permissibility of a commercial customer's activities, you should consult with or have the commercial customer obtain confirmation from the applicable licensing authority. If the commercial customer does not have an Internet gambling license, you should obtain from the commercial customer a reasoned legal opinion from the commercial customer's legal counsel that demonstrates that the commercial customer's Internet gambling business does not involve transactions that are prohibited by UIGEA.
You may want to consult your own lawyer if this occurs. In addition, the commercial customer should provide you with a third-party certification regarding the commercial customer's automated systems. Specifically, the certification should confirm that the customer's automated systems for engaging in the Internet gambling business are reasonably designed to ensure that the commercial customer's Internet gambling business will remain within the licensed or otherwise lawful limits, including with respect to gambler age and location verification.
This is to ensure that the Internet gambling business will prohibit minors from accessing the gambling business and that the gambler is located in a state where the gambling activity is permitted by applicable law. If you are a depository institution and have commercial customers that are money transmitting businesses or third-party processors, you should apply your due diligence procedures, as described above, to those entities.
In turn, if you are the operator of a money transmitting business or third-party processor, you are responsible for establishing and implementing your own UIGEA policies and procedures with respect to your own commercial customers. The due diligence approach suggested in section 6 and discussed above is one approach to complying with UIGEA's requirements for establishing reasonably designed policies and procedures. As noted above, you are permitted to design and implement policies and procedures tailored to your business that may be different than the examples provided in section 6, so long as they comply with the requirements of UIGEA and the rule.
What are reasonably designed procedures with respect to card systems? Card systems including credit cards, debit cards, pre-paid cards, and stored value cards are the only designated payment systems that use a merchant and transaction coding framework that permits participants to identify and block, during processing, transactions with indicia of being restricted transactions. The Agencies expect that a coding system to identify and block restricted transactions will be the method of choice for the vast majority of card system participants to comply with the rule.
UIGEA permits a participant in a designated payment system to comply with UIGEA's requirements by relying on and complying with the policies and procedures of the designated payment system if the system's policies and procedures comply with the requirements of the rule. The rule also states that if you are a participant in a designated payment system such as a card system , you may rely on a written statement or notice by the operator of that designated payment system that states that the operator has designed or structured the system's policies and procedures for identifying and blocking or otherwise preventing or prohibiting restricted transactions to comply with the requirements of the rule as conclusive evidence that the system's policies and procedures comply with the requirements of the rule, unless otherwise notified by your Federal functional regulator as listed below.
In determining those card transactions for which you will deny authorization, you could rely on and comply with the merchant and transaction coding of the card system to determine which transactions may be restricted transactions.
Again, you may design and implement policies and procedures tailored to your business that may be different than the examples provided in section 6. Do you have any legal protection from liability for refusing to honor transactions that you suspect are restricted transactions?
UIGEA provides that, if you identify and block a transaction or otherwise refuse to honor a transaction, you will not be liable to any party for such action if. Does the rule mandate a change in the circumstances or procedures for submitting suspicious activity reports SARs? No, nothing in the rule modifies any requirement imposed on you by other applicable law or regulation to file a SAR with the appropriate authorities. Who should you contact if you have further questions?
The requirements of this rule will be exclusively enforced by your Federal functional regulator. Members of this gambling network had moved betting money through bank accounts. Each account had recorded transactions of million baht a month.
The network had its members operating online gambling in all regions. He said the gang had set up 10 companies as fronts for their online gambling operation, all owned by Chinese nationals. Assets accrued from gambling would be seized, he said. All 34 arrested suspects admitted to running an online gambling website, according to Pol Lt Gen Kornchai. They were charged with collusion in running an online gambling website, or persuading people in a direct or indirect manner to gamble, and collusion in laundering illegal money.
Other Services. Big cyber gambling network busted 5. Big cyber gambling network busted. A police chart shows details of raids and suspects at eight locations in Bangkok and six provinces on Wednesday morning.
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