Since the entry into force on 1 January 2019 of the Federal Gambling Act of 29 September 2017 (GamblA, SR 935.51), Swiss lottery and sports betting operators have been subject to the AML Act of 10 October 1997 (AMLA, SR 955.0). The Federal Gambling Act has led to an adaptation of the AMLA in the sense that operators of large-scale games are now considered to be financial intermediaries under this act. The due diligence obligations of large-scale gambling operators are based on both the general provisions of the AMLA and the special provisions of the Federal Gambling Act. The definition of the due diligence obligations of large-scale gaming operators is the responsibility of the Federal Department of Justice and Police (FDJP), which has issued the Ordinance on the Due Diligence Obligations of Large-Scale Gaming Operators in the Fight against Money Laundering and Terrorist Financing of 7 November 2018 (OAML-FDJP, SR 955.022).
Two authorities are important in regard to AML obligations for Swiss lottery and sports betting operators – the Swiss Gambling Supervisory Authority (GESPA) and the Money Laundering Reporting Office Switzerland (MROS).
GESPA, the regulator for lottery and sports betting operators in Switzerland, also ensures that operators of large-scale games hold the mandatory authorization and comply with the legal requirements set forth in the OAML-FDJP and the Federal Gambling Act.
MROS is better known internationally as the Swiss Financial Intelligence Unit. It is attached to the Federal Office of Police (fedpol) and subject to the Money Laundering Reporting Office Switzerland Ordinance (MROSO, SR 955.23). MROS principally acts as a relay between financial intermediaries and the prosecuting authorities. It receives and analyses suspicious activity reports in connection with money laundering, terrorist financing and money of criminal origin or criminal organizations made available by financial intermediaries (including lottery and sports betting operators), supervisory authorities (including GESPA and the Swiss Federal Gaming Board) and other entities subject to the AMLA. When a report is received, MROS performs investigations on its own and decides whether or not to pass on the information collected to the federal or cantonal prosecutors’ offices. If the report is forwarded to the prosecuting authority, the financial intermediary who submitted it is notified1.
1 MROS, https://www.fedpol.admin.ch/fedpol/en/home/kriminalitaet/geldwaescherei.html