Article 4 AMLR – Exemptions for certain providers of gambling services
1. Member States may decide to exempt, in full or in part, providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services.
The exemption referred to in the first subparagraph shall not apply to:
| (a) | casinos; |
| (b) | providers of gambling services the principal activity of which is to provide online gambling services or sport betting services, other than:(i)online gambling services operated by the State, whether through a public authority or an enterprise or body controlled by the State;(ii)online gambling services the organisation, operation and administration of which is regulated by the State. |
2. For the purposes of paragraph 1, Member States shall carry out a risk assessment of gambling services assessing:
| (a) | money laundering and terrorist financing threats and vulnerabilities, and mitigating factors of the gambling services; |
| (b) | the risks linked to the size of the transactions and payment methods used; |
| (c) | the geographical area in which the gambling services are administered, including their cross border dimension and accessibility from other Member States or third countries. |
When carrying out the risk assessments referred to in the first subparagraph of this paragraph, Member States shall take into account the findings of the risk assessment at Union level conducted by the Commission pursuant to Article 7 of Directive(EU) 2024/1640.
3. Member States shall establish risk-based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.