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New rules regarding the public concession for AWP and VLT gaming

New rules regarding the public concession for AWP and VLT gaming

Gambling in Italy is now under severe financial scrutiny by comprehensive disclosure requirements enacted by administrative rule.  The Decree 02/03/2012 no. 16, as amended by Law 26/04/2012 n. 44 (denominated “Tax Decree”), introduced (Article 10, paragraph 2) a special regulation, in force since 29/04/2012, regarding the public concession for the collection of gaming by devices so called AWP (Amusement With Prizes) and VLT (Video Lottery Terminals) issued by the Italian public authority Amministrazione Autonoma Monopoli di Stato (AAMS).

In particular, in order to deter and prevent criminal infiltration in the public gaming sector, the above mentioned rule provides that the necessary “anti-mafia” certifications must be declared not only by the legal representatives, the directors and the managers of the concessionaire in the public gaming sector, but also by the spouse (not separate) of each of the subjects listed above.

It is further provided that, in order to ensure the best transparency of the financial distributions and in order to avoid laundering of dirty money: (a) all subjects involved at various levels in the distribution chain of the gaming sector must execute each method of payment without using cash but instead only by traceable records of such payments (for example, by bank transfer) and (b) regardless of the absence or ineffectiveness of the police authorization or concessions granted by AAMS, all subjects, who manage through any system including electronic, and who on their behalf or on behalf of third parties whether located abroad, and who gambles or makes bets of any kind, must use peculiar bank accounts or post office accounts, opened with banks or by the agency Poste Italiane S.p.A., dedicated exclusively to such gambling or such bets. The costs, the payments and the financial income of any kind relating to the above mentioned gambling and bets must be made exclusively through the foregoing accounts.

Furthermore, the same rule provides that  a company cannot offer a public tender nor obtain the issue or the renewal or the continuation of concessions on public gaming in the event that its corporate agents are criminally tainted.  Specifically, this includes any legal representative, or manager or an individual shareholder holding a share of the concessionaire’s capital greater than 2%, who has been convicted, even in absence of the res judicata, or is accused of certain crimes including tax crimes, crimes against public administration, crime of receiving stolen goods, laundering, and criminal association.  It moreover extends to convictions of these crimes even in absence of the res judicata of the spouse of the foregoing subjects.

Maurizio Monterisi
Marco Moretti

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