N.Y. Comp. Codes R. & Regs. tit. 9 § 5315.17

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5315.17 - Anti-money laundering program

(a) Consistent with the requirements of the Federal Bank Secrecy Act, (31 U.S.C. 5311, et seq) and 31 CFR Part 1021, a gaming facility licensee is defined as a financial institution and shall comply with Federal law pertaining to reportable currency transactions and transactions that are believed to be suspicious. To accomplish these objectives, a gaming facility licensee shall, at a minimum:

(1) establish a system of internal policies, procedures and controls tailored to assure ongoing compliance;

(2) employ an anti-money laundering compliance officer and file the name of such officer with the commission;

(3) conduct an internal and/or external independent audit to test for compliance and provide copies to the commission;

(4) train licensed personnel in reportable currency transactions and identifying unusual or suspicious transactions;

(5) assign an individual or group of individuals to be responsible for day-to-day compliance; and

(6) employ the use of automated programs to aid in assuring compliance when automated processing systems are in use.

(b) A gaming facility licensee also shall comply with the requirements set forth in section 504.3 of Title 3 of these Codes, Rules and Regulations as if such licensee were a regulated institution within the meaning of such section.

(c) In connection with implementing subdivision (a) of this section, a gaming facility licensee shall:

(1) assess anti-money-laundering-related risks present within its business, considering, among other things, gaming volume and character, range of financial services offered, characteristics of certain games, patron behaviors and patron characteristics;

(2) vest the individual or group of individuals responsible for anti-money-laundering compliance with appropriate authority and resources to implement the program and assist the gaming facility in managing risk;

(3) extend training to employees who have direct interaction with patrons or who handle or review patron transactions subject to the Bank Secrecy Act, including

(i) those engaged in the operation of gaming facility games (at least beginning with supervisors and above);

(ii) gaming facility marketing employees (including domestic and international hosts, branch office employees and special events employees);

(iii) cage employees;

(iv) surveillance employees;

(v) audit employees; and

(vi) senior management;

(4) identify customers and customer play that potentially possess the greatest risk of money laundering, including, among other things, requiring patrons to provide full name, permanent address, social security number and a valid, current government-issued photo identification. For a high-volume patron whose activity exceeds a certain level, undertaking a review of such patron's identity and source of funds against public records and third-party databases;

(5) file currency transaction reports with the appropriate Federal agency when a patron either provides to such gaming facility or takes away from such gaming facility, more than $10,000 in currency during such gaming facility's 24-hour gaming day.

(6) file suspicious activity reports with the appropriate Federal agency when a gaming facility knows, suspects or has reason to suspect that a transaction aggregating at least $5,000

(i) involves funds derived from illegal activity;

(ii) is intended to disguise funds or assets derived from illegal activity;

(iii) is designed to avoid Bank Secrecy Act reporting or recordkeeping requirements;

(iv) uses the gaming facility to facilitate criminal activity;

(v) has no business or apparent lawful purpose; or

(vi) is not the sort of transaction in which the particular patron would be expected to engage and such gaming facility knows of no reasonable explanation for the transaction after examining the available facts; and

(7) adopt a recordkeeping system to preserve for each patron, subject to due diligence procedures,

(i) a record of those specific procedures performed to analyze a patron's gaming patterns and financial transactions;

(ii) any due diligence report created;

(iii) any risk determination; and

(iv) any action taken as a result, including monitoring of patron, reports to law enforcement agencies or changes in gaming facility services available to such patron.

Such records shall be maintained for at least five years after the relationship is terminated.

(d) To ensure compliance with this section, each gaming facility licensee shall submit to the commission by April 15 of each year a compliance finding statement on a form issued by the commission and duly executed by the gaming facility's designated anti-money laundering compliance officer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5315.17

Adopted New York State Register November 16, 2016/Volume XXXVIII, Issue 46, eff. 11/16/2016