Casino and Prize-winning Games Guidelines Consultant

AMERICAN BAR ASSOCIATION, ROLI

TERMS OF REFERENCE

ABA Rule of Law Initiative (ABA ROLI) is a non-profit pro­gram that implements legal reform programs in roughly 50 countries around the world.  ABA ROLI has nearly 400 professional staff work­ing internationally. ABA ROLI’s partners include judges, lawyers, bar associations, law schools, court administrators, legislatures, ministries of justice and a wide array of civil society organi­zations. 

PROJECT BACKGROUND

With funding of the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (State/INL), ABA ROLI is implementing a 36-month (from September 30, 2020 to September 29, 2023) Transnational Anti-Money Laundering Assistance Program - Disrupting Money Laundering through Gambling (‘DMLG’). The DMLG aims to generate multi-jurisdictional support for a common vision for enhancing the Anti-Money Laundering (AML) regime in the casino sector in the Greater Mekong Subregion including Thailand, Laos and Vietnam. The program has four sub-objectives including:

1. Work with regulators and lawmakers to ensure jurisdictions have appropriate legal frameworks in place to regulate casinos and online gambling, with regard to measures to prevent, detect, and report money laundering,?according to international standards, and facilitate the crafting of legislation in selected countries.
2. Build capacity of?competent regulators?to?understand,?appropriately identify, and detect?money laundering?by developing the Handbook for Casino ML Risk Assessment (“the Handbook”) for practitioners in casinos and online gambling sector;
3. Help the competent authority in selected country to conduct outreach sessions with casinos, specifically increasing awareness of: a) who reports; b) expectations and c) how to appropriately file STRs;
4. Work with company compliance officers and managers to ensure they are appropriately filing STRs with regulators, tracking money laundering threats, trends, and vulnerabilities, cooperating as appropriate with law enforcement officials,?and taking any other necessary compliance measures.? Gather feedback from regulators as to whether there is improved quality in compliance and develop follow-up actions accordingly.

To achieve the sub-objectives outlined above, a part of the Casino and Online Gaming Guidelines, the AML Guidelines for the Casinos and Prize-winning games Sector Regulators (“the AML Guidelines for Casino Regulators”) will be developed based on national legislation and the Handbook which is drafted and finalized by the ABA ROLI International Expert. The AML Guidelines for Casino Regulators will assist AML regulators with step-by-step guidance for carrying out their duties, including supervising and inspecting the casinos and prize-winning games sector as defined by AML Law and regulations.   

To this end, ABA ROLI, in cooperation with its key stakeholders in Vietnam, will be engaging a qualified consultant to develop and pilot AML Casinos Regulators’ Guidelines and an Inspection Tool, with objectives, expected outputs and other requirements as specified herewith.

OBJECTIVE OF THE ASSIGNMENT

The objective is to develop AML Casinos Regulators’ Guidelines so that the regulators of casinos and prize-winning games sector at different levels can use it to supervise and inspect reporting entities. The AML Guidelines for Casino Regulators will have specific guidance on AML supervision pursuant to the AML Law and include an Inspection tools inchecklist style as an annexure.

The Guidelines will help regulatory agencies to supervise and inspect land- based casinos and prize-winning gaming entities’ compliance with requirements of the AML Law and other regulations, for example: client identification (Article 8), Customer Due Diligence (CDD) (Article 10), internal procedures (Article 20), transaction thresholds (Article 21), suspicious transactions (Article 22).

SCOPE OF WORK AND EXPECTED OUTPUTS

Subject to further discussion between the consultant and ABA ROLI - DMLG Program Director in Vietnam, the consultant will undertake the following tasks:

• Task 1: Provide comments on the Draft of the Handbook which is developed by the ABA ROLI International expert by getting feedback and inputs from relevant ministries and agencies
  
  • Get feedback from relevant agencies and ministries on the draft of the Handbook (by coordinating with agencies or organizing roundtable discussion)
  • Provide comments on the Draft of the Handbook
• Task 2: Develop the AML casinos Regulators’ Guidelines
  
  • Develop outlines of the AML Guidelines for Casino Regulators and a check- list for inspection Tool in consultation with ABA ROLI and relevant Government agencies
  • Draft and consult with key stakeholders during the development of the AML Guidelines for Casinos Regulators and a checklist for Inspection Tool, including the six agencies involving in the process of licensing and regulating the casinos and prize-winning games businesses (MOF, SBV, the Ministry of Planning and Investment (MPI), the Ministry of Public Security (MPS), the Ministry of Culture, Sports and Tourism (MCST), Ministry of Information and Communications) and provincial authorities where reporting entities are located.
  • Incorporate feedback/inputs from ABA ROLI and relevant agencies into the Draft of the AML Guidelines for Casino Regulators and Inspection Tool
  • Finalize the AML Guidelines for Casino Regulators and Inspection Tool
• Task 3: Participate in and deliver training to regulators on using the AML Guidelines for Casino Regulators and Inspection Tool
  
  • In coordination with relevant agencies and ABA ROLI, organize and participate in a half-day training workshop for regulators (tentatively in August 2022)
  • In this workshop, deliver training to regulators at different levels on using the AML Guidelines for Casinos Regulators and Inspection Tool for both off-site supervision and on-site inspection
  •    Ensure the quantity and quality through the training and learn from participants’ feedback slips
• Task 4: Assist in the piloting of the Inspection Tool during on-site visits to reporting entities
  
  • Together with ABA partners and ABA ROLI, identify reporting entities with likely higher risks and choose three reporting entities to be subject to piloting the Inspection Tool. 
  • In coordination with the ABA partners, select team members for the on-site visits from relevant agencies.
  • Participate in or closely supervise the on-site visit to ensure the quality during process of piloting the Inspection Tool
• Task 5: Report on the results of using the AML casinos Regulators Guidelines and Inspection Tool
  
  • Get feedback from the on-site visit team on the application of the AML Guidelines for Casinos Regulators and Inspection Tool
  • Collect information on the number and quality of the reports submitted by sector to FIU or regulators after the on-site visits
  • Submit to ABA ROLI a report on the results of using the AML casinos Regulators Guidelines and Inspection Tool in 3 months following the on-site visits
• Other tasks as required by ABA ROLI related to the AML Guidelines for Casino Regulators and Inspection Tool to ensure the effectiveness of the activity.

KEY DELIVERABLES AND PAYMENT

Payment will be made based on the following milestones upon submission of the corresponding deliverables to the satisfaction of ABA ROLI.

PERFORMANCE PERIOD

The consultant will commence the above tasks from the signing date on the contract and end when all key deliverables are completed and confirmed by ABA ROLI DMLG Program Director, no later than June 30, 2023.

REPORTING AND PROGRESS CONTROL

The consultant is accountable to ABA ROLI (and its partner) on the timeliness and quality of deliverables. The consultant will report to ABA ROLI (and its partner) on the work progress on a regular basis. ABA ROLI will provide overall coordination among the different stakeholders, facilitating the consultant’s contact with Government officials to seek consultations with the relevant government partners (MOF, SBV, etc…).

Reporting and progress updates:

• Upon contract signing, the consultant will work closely with ABA ROLI Program Director to discuss and agree on the task requirements and working methodology;
• ABA ROLI, partner, and the relevant stakeholders will review and comment on the consultant’s required deliverables as specified in this TOR;
• ABA ROLI shall disburse instalments to the consultants against the payment milestones set out above.

QUALIFICATIONS AND EXPERIENCE

The consultant should meet the following requirements:

• A post-graduate or equivalent qualification/degree in Law or economics/ finance
• A minimum of 10 years of working experience, preferably management/regulatory/supervisory experience in casinos and prize-winning games sector
• Extensive knowledge of the casinos and prize-winning games sector and AML legislations
• Ideally, previous experience/demonstrated ability of involving key stakeholders (government agencies and ministries) to provide relevant expertise and bring a wider perspective in assessment.
• Strong background in research and writing
• Proven experience in delivering/facilitating stakeholder/working group consultations/workshops and working with relevant government agencies.
• Working experience on AML issues is advantage.
• Proficiency in written English is advantage

HOW TO APPLY:

Please send a resume/CV and cover letter describing your relevant experience to Tran Ngoc Linh at email address: [email protected]