Persons directing Private Members' Clubs (PMCs) where gambling activites are carried on are described as ‘designated persons’ under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. Under the Act a PMC is referred to as a ‘designated person’ must guard against their business being used for money laundering or terrorist financing purposes. PMCs must apply to the Anti-Money Laundering Compliance Unit to register for money laundering compliance purposes.
What you need to do:
- You must submit an application form for registration.
- You must identify and verify the identity of your customers. Identification documentation comprises:
- Valid photo identification e.g. passport / driving licence / government issued identification.
Where possible, verification of a customer’s identity should take place when the person is a new member.
- You need to develop a system to identify and verify new customers.
- Develop an application form for completion by each new member of the PMC.
- Associate identification document with application form.
- You need a sign-in register for all members.
- You need to record each customer’s purchase of 'chips'.
- In cases where high levels of live gaming are taking place the PMC should have a trigger mechanism in place to facilitate the tracking of customer spends.
- All records must be available at the premises for inspection.
Points to note:
- All member application forms should record whether or not the member is a Politically Exposed Person (PEP). A PEP is an individual entrusted with a prominent public function or a relative or known associate of that person.
- Staff must be trained to monitor how customers utilise their 'chips'.
- Should you have any knowledge, suspicion or reasonable grounds for suspicion, on the basis of information obtained through business activities, that another person is engaging in money laundering or terrorist financing you are required to report your knowledge or suspicions to An Garda Síochána and the Revenue Commissioners using a ‘Suspicious Transaction Report’ (STR) form.
- Where you submit a STR form you should note that it is an offence to make any disclosure ‘that is likely to prejudice an investigation’ to anyone other than An Garda Síochána and the Revenue Commissioners’.
- If you fail to register as a Private Members' Club under Section 109 of the Act you are committing an offence and you are liable:
- on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both), or
- on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years (or both).