955.021 order of the Federal Board of the gaming houses concerning the due diligence obligations of the houses of game in the fight against money laundering and the financing of terrorism (order of the FGB on money-laundering, OBA-FGB) of June 24, 2015 (Status January 1, 2016) Federal gambling houses (CFMJ) Commission, under art. 17 of the Act of 10 October 1997 on money-laundering (LBA), stop: Chapter 1 purpose art. 1. this order embodies the due diligence obligations referred to in Chapter 2 of the LBA, fixes the manner in which they must be executed by the gaming houses Act of 18 December 1998 on the gambling houses (LMJ) and determines the organizational measures that should take these.
It regulates the relationship between the Federal Commission of the gambling houses (commission) and the gambling houses self-regulatory organisations.
RS 935.52 Chapter 2 Obligations of due diligence Section 1 identification and registration (art. 3 LBA) art. 2 Fund's operations the House meets the burden resting him during cash transactions involving sums through identity verification and registration of all clients who, by the purchase and sale of tokens, by payment of equipment slots, by issuing and cashing of cheques or operations in cash such as foreign exchange transactions , perform one or several transactions seemingly linked together which exceed the amount of 4000 francs.
It also satisfies this requirement by verifying the identity and registration of guests at the entrance of the House.
After checking the identity under para. 1 or 2, the House must register under the name of the customer concerned any transaction falling within one of the following categories: a. acquisition by the House of game chips and equipment payments to under amounting to at least 15,000 francs; b. issuance and cashing, home game or by the customer's cheques for an amount of at least 4000 francs; c. foreign exchange transactions involving an amount of at least 4000 francs.
The gaming house stops in his instructions internal two methods of identity verification which it intends to apply.
S. 3 sustainable business in lasting business relationships relationships, the gaming house records of transactions.
A business relationship is considered as sustainable: a. when the House puts at the disposal of the customer a deposit or a customer account; b. when electronically available to the customer by the gaming house and valid for more than one day of operation presents more than 5000 francs.
S. 4 information to save the House of game records the name, date of birth and the nationality of the customer.
It also saves the address of the domicile of the client when when she carried out the registration of transactions in the name of the client in accordance with art. 2, al. 3. If the client is a citizen of a country in which dates of birth or home addresses are not used, the obligation to provide such information falls. This derogation must be motivated in a note to file.
S. 5 documents required to verify the identity of the client, the House considers an official identity document with a photograph such as a passport, an identity card or a driver's licence; It establishes a photocopy of this document and stored.
The commission allows the House to verify the identity of the client through a customer provided card that it allows unequivocal identification and that it has been established on the basis of an official identity document which the House retains a copy.
If the business relationship is established by correspondence or by Internet, the gaming house verifies the identity of the client: a. by deliver a certified copy of an official identity document; ETB. by checking the address of residence of the prospective client by a mailing or other equivalent means. Authentication must be performed by a notary or by the authority usually issuing such certificates of authenticity.
Section 2 Identification of the beneficial owner (art. 4 LBA) art. 6 the House is entitled to assume that the client is the same as the beneficial owner, unless: a. the gaming house does on behalf of the client of the transactions within the meaning of art. 2; b. the House proceeded to Bank in favour of the customer transfers, v. heritage values that the customer change, update or deposits exceed clearly its financial capability; d. contacts with the client not bring the House to other unusual findings; e. the business relationship is established by correspondence.
S. 7 information required the beneficial owner declaration must include the following information: a. for individuals: full name, date of birth, home address and nationality; b. for legal persons: name, address of the seat and seat.
If economic law is a national of a country in which dates of birth or home addresses are not used, the obligation to provide such information falls. This derogation must be motivated in a note to file.
Section 3 Obligations of special care (art. 6 LBA) art. 8 principle the House must immediately clarify the economic background in the cases provided for in art. 6, al. 2, LBA.
S. 9 business relationships involving an increased risk (art. 6, al. 2, let. c, LBA) the House establishes the criteria for detecting business relationships involving an increased risk.
Enter particularly into account, according to the business relationship maintained by the House, the following criteria: a. the seat or residence of the customer and the beneficial owner or their nationality; b. the type and place of business of the customer and the beneficial owner; c. the absence of personal contact with the customer during the establishment of a lasting business relationship; d. the amount of heritage values changed bet or deposited by the client; e. the amount of assets earned by the client or reimbursed by the House; f. the country of origin of the transfers made on accounts receivable or the country of destination of the transfers made from accounts receivable.
The House establishes a classification of its business relationship based on risk.
S. 10 transactions involving an increased risk (art. 6, al. 2, let. c, LBA) the House establishes the criteria for detecting transactions involving an increased risk.
Come particularly into consideration, according to the services offered by the House of game which uses the client, the following criteria: a. the amount of heritage values changed, bet or deposited by the client; b. the amount of assets earned by the client or reimbursed by the House c. significant differences compared to the type, the volume or frequency of transactions usually in the context of the business relationship; d. differences by report type, the volume or frequency of transactions usually performed under comparable business relationships.
Intake once a sum exceeding or equal to 30,000 francs must in all cases be considered to be a transaction involving an increased risk.
S. 11 contents of clarification according to the circumstances, the House must clarify:. If the client is the beneficial owner of the heritage values changed, bet or registered trademarks; b. If the client is the person entitled economic heritage values earned or redeemed; c. the provenance of the heritage values changed, bet or deposited by the client; d. the origin of the fortune of the customer and the beneficial owner; e. the professional activity or business carried on by the customer and by the entitled economic.
S. 12 procedure according to the circumstances, clarification are to: a. request written or oral information to the customer or the copyright economic; b. sources and accessible to all public data banks; c. where appropriate inquire trustworthy people.
The House of game control the plausibility of the result of the clarification, record its findings in writing and examines if the conditions of a communication within the meaning of art. 9, al. 1, LBA are met.
S. 13 monitoring of business relationships and transactions gaming house shall ensure the establishment of effective monitoring of transactions and business relationships.
The commission may require the House setting up a computer system for monitoring.
Section 4 use of third parties during the execution of the duties of care article 14. the House may, for the verification of the identity of the client, for the identification of the beneficial owner, as well as for the execution of the specific due diligence obligations, appeal: a. to another financial intermediary if it is subject to supervision and regulation equivalent in the fight against money laundering and the financing of terrorism; b. to a third party , to condition: 1 that she chooses this third with care, 2 what it learn it in writing on the tasks he must accomplish, et3. to verify that the third party fulfilling the obligations imposed.
The person to whom the House appealed under para. 1 shall transmit to the House a copy of the documents which he used to fulfill the obligations of diligence and confirm that transmitted copies conform to the original documents.
The House continues to respond in all cases of compliance with its obligations of due diligence under the surveillance law. It shall itself examine the plausibility of the results of the clarifications.
Section 5 requirement to establish and maintain documents (art. 7 LBA) s. 15. the House establishes and organizes its documentation so that the secretariat of the commission, the authorities of criminal prosecution or other empowered authorities can at any time have an objective idea of compliance with the obligations laid down in art. 3-11 has LBA and in this order.
This documentation includes: a. a list of all customers whose identity has been verified, with the information required in art. 4; b. a copy of identification documents officials; c. in cases provided for in art. 6, the written statement of the client regarding the identity of the beneficial owner; d. documents relating to transactions within the meaning of the art. 2 and 3; e. documents relating to transactions between them within the meaning of art. 2, al. 1; f. a note and the documents relating to the results of the application of the criteria listed in art. 9; g. a note and the documents relating to the results of the clarifications within the meaning of art. 10; h a copy of the communications within the meaning of art. 9, al. 1, LBA.
The documentation must be capable of tracing the transactions between them and those that should be recorded.
Documents and supporting documents must be kept in a safe place for a period of ten years from the conclusion of the case.
Section 6 organizational measures (art. 8 LBA) art. 16 internal directives the House enacts internal guidelines in the fight against money laundering and the financing of terrorism. It specifies how to actually complete the due diligence obligations within the meaning of the LBA and this order.
It regulates in particular: a. the procedures to follow to comply with the obligation to verify the identity of customers within the meaning of art. 2. b the internal allocation of tasks and the responsibilities; c. implementing the requirements laid down in art. 2 to 15; d. criteria for detecting the business dealings involving a risk within the meaning of art. 9; e. criteria for detecting transactions involving a risk within the meaning of art. 10; f. database transaction monitoring arrangements; g. the business in which policy concerning politically exposed persons; h. jurisdiction with respect to communications to the money laundering reporting Office.
Internal guidelines are issued by the Board of directors or by the highest management body.
They should be communicated appropriately to the staff members concerned.
S. 17 service for combating money-laundering home game means one or several qualified persons who constitute the service to fight against money laundering.
The fight against money-laundering service must complete the following tasks: a. ensure the implementation and compliance guidance internal; b. plan and monitor internal training in the fight against money laundering and the financing of terrorism; c. order clarification within the meaning of art. 11 or perform them itself; d. define, where appropriate, parameters for the monitoring system of relationships and business transactions within the meaning of art. 13; e. Advisor Directorate for matters relating to the fight against money laundering and the financing of terrorism.
S. 18 training and continuing education of the staff the House ensures that staff members receive upon their entry into function a basic training and regularly follow continuing training that cover aspects of the fight against money laundering and terrorism financing essential to the exercise of their function.
S. 19 internal controls the House refers to one or more qualified persons that monitor compliance with the obligations laid down in art. 3-11 has LBA and in this order and which shall carry out controls within the House.
An internal person in charge of monitoring can not control the business relationships in which it intervened personally.
S. 20 revision the Auditors must verify, in the context of the annual review within the meaning of art. 37 LMJ, game House respects the obligations set out in arts. 3-11 has LBA and in this order.
It logs the results of the review in the report referred to in art. 76, al. 1 by order of 24 September 2004 on the gambling houses (OLMJ).
RS 935.52 RS 935.521 Section 7 Communications breakdown or maintenance of the business (art. 9-11a LBA) s. relationship 21 communications (art. 9 LBA) communication within the meaning of art. 9 LBA must take the written form, in accordance with the requirements of the money laundering reporting Office.
When a common gaming house has no suspects within the meaning of art. 9, al. 1, let. a, LBA or presumptions within the meaning of art. 9, al. 1, let. c, LBA, but that it has clues based suspicion that heritage values are a crime or tax offence qualified within the meaning of art. 305, c. 1 bis of the Criminal Code (CP) or are used for the financing of terrorism, it can make use of the right of communication referred to in art. 305, al. 2, CP, and communicate these indices to the money laundering reporting Office.
If it does not exercise its right of communication in the case of a questionable business relationship, it must document the reasons.
If she decides to pursue a dubious business relationship, it is required to maintain under strict supervision and to consider it in the light of evidence of money laundering or financing of terrorism.
RS 311.0 s. 22 obligation to maintain the business relationship the House cannot break a business relationship when the conditions determining the obligation within the meaning of art. 9 LBA are met.
It can either break a business relationship, nor authorize the withdrawal of important heritage values when concrete signs show that the security measures are about to be adopted by an authority.
When the House must put the heritage values to customers in a case for the application of art. 9A LBA, it does so in a form permitting the authorities to keep track of these values.
S. 23 refusal or failure of the business relationship the House refuses to establish a business relationship or breaks a business relationship already initiated: a. when it is unable to verify the identity of the customer or to identify the beneficial owner; b. when it fails to clarify the economic background of the client; c. If it has doubts about the veracity of the indications given by the customer even at the end of the procedure laid down in art. 5, al. 1, LBA; d. when there are reasons to suspect that he has given knowingly false indications on the identity of the client or his economic background, or the beneficial owner.
The House may choose to maintain a business relationship or break, when: a. within a period of 20 working days following a communication according to art. 9, al. 1, let. a, LBA, the money laundering reporting Office: 1. does not inform him, 2. advises that communication will not be forwarded to the criminal prosecution authorities, informs 3. it that the communication will be transmitted to a prosecuting authority and that from this moment it receives no decision of the prosecuting authority within a period of five working days;
b. after a communication under art. 9, al. 1, let. c, LBA, it receives no decision of the prosecuting authority within a period of five working days; OUC. After a communication under art. 305, al. 2, CP, it receives a communication from the Office of communication on money laundering that the communication will not be forwarded to the authorities of criminal prosecution.
If the House chooses not to maintain a business relationship, it can authorize the withdrawal of important heritage values in a form allowing criminal prosecution authorities to keep track of these values.
If it refuses to establish a business relationship or breaks a business relationship already initiated and it must recover from the heritage values to the client, it must do so in a form permitting the authorities to keep track of these values.
RS 311.0 Chapter 3 self-regulatory bodies art. 24. the commission may collaborate with self-regulatory bodies.
Chapter 4 provisions finals s. 25 Emoluments perception of fees is governed by arts. 112 to 119 OLMJ.
RS 935.521 s. 26 repeal of another act order of the FGB of 12 June 2007 on money laundering is repealed with effect from 31 December 2015.
[2007 2955 RO]
S. 27 entry into force this order comes into force January 1, 2016.
2015 2313 RS 955.0 RO