Vastuskiri

Saatja: rahapesu - RAB <[email protected]> Saaja: Akvilė Svidraitė Teema: A query regarding the due diligence measures to be applied in gambling sector Dear Akvilė Svidraitė, In response to Your 15.07.2025 query to Estonian Financial Intelligence Unit (hereinafter FIU) about gambling operator’s due diligence measures, we explain the following. According to Money Laundering and Terrorist Financing Prevention Act (hereinafter the Act or MLTFPA, available: https://www.riigiteataja.ee/en/eli/520032025013/consolide <https://www.riigiteataja.ee/en/eli/520032025013/consolide> ) § 19 section 3 specifies that the gambling operator applies due diligence measures at least upon payment of winnings, making of a bet or on both occasions where the sum given or receivable by the customer is at least 2,000 euros or an equivalent sum in another currency, regardless of whether the monetary obligation is performed as a single payment or as several related payments over a period of up to one month. This means that due diligence measures must be applied when money is transferred to or from the customers gaming account if the total payments are at least 2,000 euros or more, regardless of whether the monetary obligation is performed as a single payment or as several related payments over a period of up to one month. Due diligence measures are given in §§ 20-23 of the Act. The obliged entity must apply due diligence measures based on the services they offer and the risks associated with them. The application of due diligence measures must be guided by the FIU guidelines (https://fiu.ee/en/guidelines-fiu/guidelines <https://fiu.ee/en/guidelines-fiu/guidelines> ). According to gambling operators rules of procedure and internal control rules and risk appetite, obliged entity must apply due diligence measures in case of suspicion of money laundering, regardless of the sum of money. The law does not specify if the bets are made with no deposit (free bonuses) or with deposits, the gambling operator is obliged to apply due diligence measures in case customer bets at least 2,000 euros over a period of up to one month. According to MLTFPA § 19 section 3 due diligence measures must be applied in all cases - “at least upon payment of winnings, making of a bet or on both occasions where the sum given or receivable by the customer is at least 2,000 euros” i.e deposits, bets and withdrawals. Your last question is about the mandatory time period, in which customers has to provide due diligence documents. The time period is not specified in MLTFPA. The gambling operator has to determine the time period itself with its rules of procedure. According to MLTFPA § 14 section 1 subsection 1 the rules of procedure must contain a procedure for the application of due diligence measures regarding a customer. Please note that the current response is written based solely on the information and explanation provided in Your query. The position of the FIU may change in the event of any discrepancies found between the activities in practice and the factual circumstances presented or for any other reason which FIU could not have considered at a time of responding to the query. Hopefully the above explanations were helpful. Best regards, FIU Estonia From: Akvilė Svidraitė <[email protected]> Sent: Tuesday, July 15, 2025 3:14 PM To: rahapesu - RAB <[email protected]> Subject: A query regarding the due diligence measures to be applied in gambling sector Hi, I'm writing to ask a few questions regarding due diligence measures to be applied in gambling sector. Section 19 of the AML Act states that, (3) A gambling operator applies due diligence measures at least upon payment of winnings, making of a bet or on both occasions where the sum given or receivable by the customer is at least 2000 euros or an equal sum in another currency, regardless of whether the pecuniary obligation is performed in a lump sum or by way of several linked payments over a period of up to one month. Following this section, we would like to ask the following: 1. Does this mean that there is no obligation from gambling operators to carry out due diligence if players deposit 1999 Eur after 31 day each time? 2. Are the bets made with no deposit (when playing free bonuses) also to be considered when applying this section 19? 3. Does this section have to be applied only when we talk about withdrawals and bets, OR deposits and bets, OR withdrawals, deposits and bets, OR only bets? Or any kind of payments must be considered when applying the 2000 Eur threshold? 4. Is there a mandatory time period which players must be given to provide due diligence documents when they reach the 2000 Eur threshold? We will be looking forward to hearing from you! Many thanks for your answers in advance. Best regards, AKVILĖ SVIDRAITĖ Legal Assistant +370 693 57703 [email protected] <mailto:[email protected]> Maironio st. 11, 01124 Vilnius www.gabnys.com <http://www.gabnys.com> This email and any attachments are intended solely for the use of the recipient. The contents of this email may be confidential, privileged, and/or protected by attorney-client privilege. If you have received this email by mistake, please notify the sender immediately inform the sender and delete the email. Any unauthorized use, disclosure, or distribution of this communication is prohibited and may be unlawful.