Grama Invest N.Vwill allow players to continue using their gaming account while it is still obtaining necessary information and/or documentation from the player concerned. However, up until the time when Grama Invest N.V actually obtains the mentioned information and/or documentation, and verifies the player’s identification, it will not allow the player to effect any withdrawals from his account, independently of the amount involved. Furthermore, if thirty days have lapsed from when the € 2,000 threshold has been met, and the player has not provided the requested information and/or documentation Grama Invest N.V will terminate the business relationship with the player, following the procedure laid out in the next section.
3.3 Termination of business relationship
Grama Invest N.V will terminate its business relationship with a player if he fails to provide the requested information and/or documentation, which Grama Invest N.V has repeatedly requested of him. Grama Invest N.V will void any winnings and will then transfer deposited funds to the original source from where the funds originated. All approval for such action must be taken by senior management and only once it has ascertained that there is no restriction on the transfer of the funds. If Grama Invest N.V finds it impossible to remit the funds back to the player through the same channels, it will, as a measure of last resort, remit the funds to a single account held with a credit or financial institution in a reputable jurisdiction in the player’s name. If no such account is made available then the funds will continue to be held in the players’ name. The funds will continue to be held on account until the player provides adequate details for the transfer. If this never materializes then after the lapse of 30 months any funds remaining on account will be remitted to the Malta Gaming Authority (CURACAO GAMING AUTHORITY). Whenever remitting such funds, Grama Invest N.V will indicate in the instructions accompanying the funds that these are being remitted due to inability to complete CDD. Grama Invest N.V will also consider whether there are grounds for filing a Suspicious Transaction Report (STR), as per the procedure laid out hereunder.
3.4 B2B relationships
Grama Invest N.V will also conduct due diligence exercises before entering into any business relationships with third parties. These exercises will be carried out by senior management together with the legal department and the MLRO. Just like CDD, business due diligence (BDD) will seek to identify what risks would emerge should Grama Invest N.V engage in business with the third party. In carrying out this assessment, it will be determined whether the source, nature and volume of business to be introduced via the third party can be established. Grama Invest N.V will also give a lot of weight to the fact that a supplier is already an approved supplier as per CURACAO GAMING AUTHORITY requirements. It is also considered positive if a supplier that is presently not approved seeks approval at the point in time when contracting with Grama Invest N.V. The assessment will also seek to establish whether the third party has business dealings with other third parties which are known not to be reputable, or if the third party conducts its business in or from a non-reputable jurisdiction. In this regard, Grama Invest N.V will ask the third party to provide it with original/certified copies of all the necessary documentation, including, company incorporation certificate, memorandum and articles of association, certificate of good standing, annual financial statements, identification of officers of the company as well as a shareholders list, and a bank reference letter, confirming that the company’s affairs are dealt with in a good manner. Once it has been determined that the third party conducts business in a manner which will not jeopardize Grama Invest N.V position, then the parties will agree on the terms of the business relationship and sign the relevant agreements and documentation. As part of the BDD, Grama Invest N.V will conduct ongoing monitoring to ensure that the third party still conducts its business in a diligent manner, based on their own experience of the manner in which the services are provided. Furthermore, Grama Invest N.V also reserves the right to include a Right to Audit clause in the agreement it signs with the third party, if this is deemed necessary.
Any anti-money laundering review conducted will be separately noted in the third party’s file. In any case, Grama Invest N.V will always reserve its right to terminate its business relationship with any third party should it feel that in conducting business with the third party, it is putting its compliance with its anti-money laundering and funding of terrorism obligations at risk. Notification to the CURACAO GAMING AUTHORITY will be given as per the agreement and as per the requirements of the same authority.
3.5 Reliance and agents
Grama Invest N.V may decide to rely on the information and documentation collected at customer on-boarding stage by a third party, and/or engage an agent. In either of the cases, Grama Invest N.V will ensure that the third party is established in an EU Member State or a reputable jurisdiction which adopts the same anti-money laundering or countering of funding of terrorism measures as laid out in the applicable Maltese laws, or measures which are equivalent thereto. In determining the latter, Grama Invest N.V will rely on reputable sources such as the Financial Action Task Force on Money laundering evaluation reports,IMFCountryReportsetc.
If Grama Invest N.V decides to rely on information provided by a third party, it may still request the player to provide it with any verification documents. In such circumstances, Grama Invest N.V will still conduct the customer-based risk assessment itself, determine the customer’s risk rating and conduct on-going monitoring. The relationship between Grama Invest N.V and the third party will be laid out in an agreement, and one of the conditions will be that of the third party providing Grama Invest N.V with documents concerning players, immediately upon request. Grama Invest N.V will also include a Right to Audit clause in the agreement and will indeed periodically test this arrangement, to ensure that the necessary player personal details and documentation is being collected as per the agreed specifications.
A copy of this procedure will also be provided to the third party so as to ensure that the CDD requirements and applicable thresholds are adequately communicated, and thus the third party will never have the excuse that they were not aware of what the applicable company requirements are. Grama Invest N.V may, whenever allowed by law, opt to use the services of agents in order to on-board or service customers. Grama Invest N.V may request the agent to carry out the necessary anti-money laundering/countering of funding of terrorism controls and adoption of measures when on-boarding or servicing one of Grama Invest N.V customers. In any case however, Grama Invest N.V will ensure that any application of CDD measures is carried out diligently and as required by the applicable laws. Grama Invest N.V is well aware that in exercising reliance or making use of agents, it remains ultimately responsible for ensuring it is adhering to its anti-money laundering/countering of funding of terrorism obligations.
4. Reporting suspicious activity and transactions
4.1 Appointment of the Money Laundering Reporting Officer (MLRO)
While the detailed description of the responsibilities of the MLRO is laid out in the Human Resources Roles and Responsibilities Policy, the MLRO’s main responsibility will be that of considering any internal reports of unusual or suspicious transactions that are raised within the company, and, following up on these reports and also filing a STR with the Financial Intelligence Analysis Unit (FIAU), when this is deemed necessary. The MLRO, will also act as the main channel through which any communications with the FIAU will be conducted. He will ensure that Grama Invest N.V is effectively implementing the policies and procedures which it has adopted in order to address its anti-money laundering/countering of funding of terrorism obligations. The MLRO will be responsible for monitoring any updates on sanctions
lists such as that of the Financial Action Task Force (FATF) and the Office of Foreign Assets Control (OFAC). He will then update the rest of the staff on any amendments to the sanctions lists and any fundamental changes to the applicable law. Grama Invest N.Vwill ensure that the individual appointed as MLRO enjoys sufficient seniority and command to be able to act independently of its management.
The MLRO will have access to all the necessary information/documentation and company employees to effectively carry out his obligations. Grama Invest N.V has also appointed a designate employee who would be able to act as the MLRO during the MLRO’s absence. The MLRO’s as well as the designate employee’s appointments will be made known to the CURACAO GAMING AUTHORITY , so that the CURACAO GAMING AUTHORITY , as well as the FIAU, may address queries and requests directly to them, whenever the need arises. Thus, such individuals will act as a contact point between Grama Invest N.V and the relevant authorities in matters related to anti-money laundering/countering of funding of terrorism.
4.2 Reporting suspicious activity and transactions
Grama Invest N.V may develop a suspicion or have reasonable grounds to suspect that activity on an account is linked to money laundering or funding of terrorism. At that point in time, Grama Invest N.V will ensure that all CDD requirements are met, regardless of whether any applicable threshold has been met. It will consequently submit a STR as soon as possible.
4.2.1Internal Reporting Procedures
As laid out in further detail in section 6 below, all staff communicating with the players, or having access to information about clients’ affairs, will receive anti-money laundering training. In this manner, they would be able to identify which player’s action should reasonably lead them to suspect that money laundering or funding of terrorism activity is being attempted or has been carried out. For instance, they would be expected to realise that if a player attempts to register more than one account with Grama Invest N.V, or if he deposits considerable amounts during a single session by means of multiple pre-paid cards, then such actions should constitute indicators or red flags which should lead them to question the player’s behavior. At that point, the employee may subtly seek explanations from the player, without disclosing his suspicion to the player. This disclosure is forbidden whether directly or indirectly, and hence all members of stuff must be astute in this respect. If the officer does not manage to obtain any convincing information, and after full consideration the officer is still suspicious of foul play, then at that point he shall inform his immediate superior. Obviously enough, prior to reporting to his superior, the employee will have to be satisfied that there is a clear indication of intent to circumvent the safeguards, and that use of the financial system for criminal purposes is present.
There may be instances wherein the manager disagrees with the officer, but the officer still feels he has reasonable grounds to suspect wrongdoing. In such circumstances, the employee is to inform the MLRO anyway of his suspicions. The employee may discuss the matter directly with the MLRO and is in no way obliged to inform or involve his manager. On receipt of the internal report from the employee, the MLRO will acknowledge its receipt in writing, referring to the report by its date and unique file number, without including the name of the person(s) suspected. In this manner, the officer’s legal obligation to report will be considered to have been fulfilled. The employee will only be allowed to discuss the matter internally with management, or with other employees, if at all deemed necessary, after having obtained approval from the MLRO. Any external discussions are prohibited and will be considered as tipping off. If circumstances arise that make it difficult for the employee to communicate with the player without risking any possibility of tipping off, the employee is to seek advice and follow the MLRO’s instructions. This procedure shall constitute Grama Invest N.V’s internal procedure for reporting suspicious activity and transactions.
4.2.2 External Reporting Procedures
As already described in the previous section, the MLRO shall receive and evaluate internal suspicion reports. He will open and maintain a log detailing the progress related to each report, noting down any information which needs to be documented so as to ensure that an adequate track record of the reasons leading to his decision are maintained. Such documentation may also be used to assist the Authorities in any analysis or investigation of the suspected money laundering or funding of terrorism, when such details are directly requested from the MLRO. This log shall be held by the MLRO and shall only be accessible to him, and will not form part of the player’s file. The MLRO shall gather all the necessary information and pose any questions to any of Grama Invest N.V employees’ as part of his investigation. The employees (whether those having submitted the internal report or otherwise) shall provide the MLRO with relevant information. In doing so, they will not be breaching their obligation of client confidentiality. Once the MLRO decides that there are reasonable grounds which warrant the submission of a STR via the Authority’s online submission system, he shall make this formal disclosure to the FIAU on behalf of Grama Invest N.V No copies of either the internal or external reports will be made. The MLRO will keep such records secure. The MLRO shall, where appropriate, inform the originator of the internal report whether or not a formal disclosure has been made. Following a formal disclosure, the MLRO shall take such actions as required by the Authorities in connection with the disclosure and accordingly follow their instructions.
4.2.3 What should give rise to a suspicious activity?
For clarity’s sake, STR reporting will cover:
1. Any activity which leads Grama Invest N.V to think that a person is linked to money laundering/funding of terrorism or to any proceeds of crime, or that either of the two is being committed, or may be committed, independently of whether any transactions have taken place or otherwise.
2. Any instance wherein objective facts will lead Grama Invest N.V to have reasonable grounds to suspect that money laundering/funding of terrorism or of proceeds of crime may be taking place.
Grama Invest N.V shall be obliged to submit an STR with the FIAU with regards to activity carried out on the basis of its Curacao Gaming Licence, and accordingly notify the CURACAO GAMING AUTHORITY, when deemed necessary and as per instructions given by the FIAU.
4.2.4 Stopping/continuing work following a suspicion
Due to the nature of the gaming products and services offered by Grama Invest N.V, and the nature of the transactions in question, Grama Invest N.V will not always be in a position to refrain from carrying out a pending transaction prior to the filing of a STR. This is because should Grama Invest N.V refrain from accepting a transaction when it usually does so instantly, the delay in acceptance may trigger the player into knowing that he is being suspected of fraudulent activity. Any delay may prejudice an analysis or investigation of the suspected transaction. Hence, whenever Grama Invest N.V suspects money laundering/funding of terrorism, then Grama Invest N.V will still proceed with executing the suspected transaction. However, Grama Invest N.V will, submit an STR to the FIAU immediately after the execution of the transaction.
4.2.5 Prohibition of Disclosure
Grama Invest N.V will not disclose any details or information in connection with a STR or a request for information made by the FIAU. This prohibition of disclosure applies with regards to both the suspected player and any other third party, and this independently of any other regulatory or contractual obligation that Grama Invest N.V may be subjected to. Grama Invest N.V will only make the necessary disclosures to the CURACAO GAMING AUTHORITY, as prescribed by the applicable law. It will also be extremely careful when dealing with a player that is the subject of a STR or FIAU enquiry. As explained above, this is so as not to prejudice an analysis or investigation. The exceptional cases wherein the prohibition of disclosure does not apply are mentioned under Regulation 16(2) of the Prevention of Money Laundering and Funding of Terrorism Regulations, 2017, and will apply as follows:
✓ Disclosures to the supervisory Authority, in this case the CURACAO GAMING AUTHORITY;
✓ Disclosures between subject persons in the same group;
✓ Disclosures between a subject person undertaking a ‘relevant activity’ and another
person undertaking similar activities and where similar requirements are imposed by the jurisdiction. The persons being within the same legal person or within a larger structure to which they belong, which have common, ownership, management;
✓ Sharing of information based on the same transaction, where the subject persons and the related activity are subject to the same legal obligations and the persons are of the same professional category and hence have similar obligations in respect of professional secrecy and data protection;
✓ Disclosures by a subject person in the course of proceedings initiated in respect of delays in carrying out transactions, where the subject person was actually following instructions as per FIAU;
✓ Disclosure by a subject person to a supervisory authority as per the request made by the supervisory authority, in this respect, the CURACAO GAMING AUTHORITY.
Grama Invest N.V will also consider carefully any of the measures which it decides to adopt vis-a-vis the suspected player, consequent to the submission of a STR. So as not to jeopardise any investigation, prior to undertaking any such action, Grama Invest N.V will seek guidance from the FIAU’s analysts. Grama Invest N.V will, as much as possible, consider such actions as a measure of last resort, and not unnecessarily burden the FIAU with every small suspicion. In cases of minor suspicions not warranting reporting, it will instead increase on- going monitoring and only submit STRs to the FIAU once a suspicion persists or the indicators increase. Grama Invest N.V will ensure proper documentation of such internal decisionmaking.
5. Payout Management Procedure
Whenever a player makes a withdrawal request, regardless of the payment method used, Grama Invest N.V will, prior to acceding to such a request, ensure that the institution to which the funds are to be remitted is situated in a reputable jurisdiction and has equivalent anti- money laundering/counterfeit terrorism requirements as are applicable to Grama Invest N.V. Obviously enough this also ties in to the institutions from where player deposits are accepted. As a general rule, withdrawals will only be processed to the same source from where the funds originated. This measure will limit the risk of successful money laundering or funding of terrorism withdrawals.
Furthermore, no cash deposits or withdrawals will be affected. Withdrawal requests shall be carried out as per the following procedure:
✓ Withdrawal requests will be processed immediately upon request.
✓ No cash withdrawals can be processed under any circumstances. Cash transactions are specifically prohibited and in fact there are no methods that players may apply to
process any fund transfers in cash.
✓ The gameplay will be checked as well as all financial transactions.
✓ Grama Invest N.V will also consider whether individuals are playing fairly, or
whether the gaming system has in any way been manipulated, or whether the system is, alternatively, malfunctioning, and the player was in any way taking advantage of any bug without, accordingly informing Grama Invest N.V, as per the Terms & Conditions’ requirements.
✓ Reference will also be made as to whether CDD verification has been conducted. If it has not yet been carried out since the deposit requirement was not reached, a management decision is taken as to whether it is deemed necessary to conduct CDD verification at this stage prior to completing the withdrawal process.
✓ The risk assessment is also conducted / checked to ensure that the player’s risk vis-a- vis his activity with Grama Invest N.V is determined.
✓ Applicable CDD requirements will be as per section 3.2 above.
✓ If the player does not provide the necessary documents for verification to take place,
when requested, or if it becomes clear that verification cannot take place because the individual has acted fraudulently, withdrawals will not be processed. Once it becomes clear to Grama Invest N.V that the individual was attempting to act fraudulently, it will block the player’s account, void all winnings and simply return the deposit to the account from where the funds originated.
✓ In the event that withdrawals cannot be processed to the account from where the funds originated, such as when the player is making use of Mastercard or Paysafecard, then Grama Invest N.V will formally request for player verification documents and also request for details of another payment system that may be confirmed to be in the player’s name and hence minimising the risk of remitting funds to an individual that is different from the person that had originally remitted the deposits. This process is in place to discourage credit card theft and identity theft.
It is the policy of Grama Invest N.V that all staff who have client contact, or access to information about clients’ affairs, shall receive anti-money laundering training to ensure that their knowledge and understanding is at an appropriate level. Training will furthermore be provided at least once a year so as to maintain awareness and ensure that the company’s legal obligations are met. Any training given will take into consideration the practicality of assigning different tasks to staff as per their role, and all information accessible will be on a need-to-know basis. However, training about the whole process will be provided to employees, so as to ensure that each officer has a holistic understanding of the due diligence, KYC, AML and payout procedures, since these are very closely related.
In light of the seriousness of the obligations placed by law and regulations, and the gravity of the possible penalties, the MLRO shall ensure that information about these obligations is available to all members of staff at all times. The MLRO will also ensure that on-going training is provided, that is, as and when the need arises, even based on direct requests made by employees.
The training programs will include testing to ensure that each individual has achieved the appropriate level of knowledge and understanding. Testing may be conducted in various ways, whether through formal testing, assessment via discussion of case studies, or other means. Special consideration will be given to the training needs of senior management, and of the compliance team, whose knowledge and understanding must be most thorough.
The Human Resources (HR) Department will:
✓ inform every member of staff of the training programs that they are required to undertake, and the timetable for completion;
✓ check that every member of staff has completed the training programs assigned to them, issuing reminders to any who have not completed the programs as per the applicable timetable;
✓ keep records of training completed, including the results of tests or other evaluations demonstrating that each individual has achieved an appropriate level of competence;
✓ update employee personal files with details of training undertaken and results obtained where applicable;
✓ refer to senior management any cases where members of staff fail to respond or whose results are unsatisfactory, to issue reprimands or provide additional training as per the individual case.
The MLRO will be provided with full access to all records held by the HR Department.
On completion of a training cycle, the HR Department will ensure the continuity of ongoing training and also obtain updates from the MLRO in respect of changes happening in the field, so that the HR may ensure that up-to-date training is organized and provided to all members of staff.
Line managers will also provide feedback to the HR Department in respect of: ✓ the effectiveness of the programs completed; and
✓ make suggestions as to different methods of delivery.
Line managers will supplement the training provided to support staff by giving guidance on
a day-to-day basis on:
✓ the type of client instructions and transactions that count as ‘significant’ and so should be brought to their attention
✓ identifying client instructions and transactions which, although not of a nature normally counting as ‘significant’, are in some way unusual or anomalous and should be considered with regard to possible suspicion of money laundering or funding of terrorism. The MLRO will determine the training needs for his/her own role, and ensure that he/she undergoes Continued Professional Education (CPE) as required to fulfil his/her legal obligations.
The aim of all training provided is to ensure that staff is capable of identifying any attempted or actual money laundering or funding of terrorism activity exercised by players when using Grama Invest N.V services.
7. Keeping records of client due diligence information
When information is being collected for CDD purposes, the responsible service staff will:
✓ keep records in the client file.
✓record instances where information requested has not been forthcoming, or
explanations provided have not been satisfactory.
✓ ensure that all records are kept in a consistent manner so that they are accessible by
and comprehensible to other authorized members of staff, including the MLRO.
Transaction and customer records from the date of transaction and end of business relationship respectively, are kept as long as Grama Invest N.V has a valid legal reason to keep such records. Such reasons are limited only to legal obligations which Grama Invest N.V needs to abide by, such as, anti-money laundering obligations, taxation regulations etc. The records are consequently archived. The players have the possibility of accessing transactions from their profile for a period of 2 months. Following that time lapse, details about the transactions may be requested through customer support on [email protected]
Should Grama Invest N.V determine that a player’s record needs to be retained for a prolonged period of time due to the fact that a report has been filed with regards to that player, all relevant records will be retained on the live system and not archived. This is done so as to ensure that Grama Invest N.V complies with its anti-money laundering obligations. Once the enquiry / investigation has been completed and the MLRO has been accordingly informed, then the records will be treated similar to all other information and the same archivingpolicywillthenapply.
8. Monitoring and management of compliance
Compliance with this policy shall be constantly tested and ensured. The Board of Directors reserves the right to engage external auditors to examine whether the company is complying with the measures laid out in this procedure. The findings of such audits and any appropriate recommendations for action will be reported to the Board of Directors. The latter will then request for feedback from management in respect of the suggestions made by the auditors. Based on the recommendations as well as management’s feedback, the directors will take a decision of what processes / procedures to amend or introduce. A timeline for implementation will also be discussed and decided upon. Feedback on the implementation of any changes is to be reported back to the directors, since they are ultimately responsible for the company’s operations.
The MLRO will obviously be involved and his input will be deemed paramount in respect of this process. He will be tasked to monitor aspects of the company’s CDD and anti-money laundering policies and procedures. Any deficiency in these procedures or the compliance thereto, which requires urgent rectification will be dealt with immediately by the MLRO, who will report such incidents to the Board of Directors as appropriate. He will also request the Board to provide him with any needed support.
The MLRO will audit the procedure directly, at least annually. The MLRO will also report his findings to the Board of Directors. This report will include:
✓ a summary of any changes in the regulatory environment(s) in which Grama Invest N.Voperates.
✓ a summary of AML activities within the company, including the number of internal suspicion reports received by the MLRO and the number of disclosures made to the Authorities.
✓ details of any compliance deficiencies on which action has already been taken, together with reports of the outcomes.
✓ details of any compliance deficiencies on which action needs to be taken, together with recommended actions including suggested timeframe and management support required.
✓ an outline of plans for the continuous development of involved staff, including periodic training and awareness raising activities for all relevant staff.
Whereprovide their feedback and timeline of when necessary action will be taken. management action is indicated, the Board of Directors will request management to.
This procedure will be reviewed and updated at least every six months. However, this may take place more frequently, if changes in legislation or guidelines are introduced at any point in time, or if deemed necessary.