CCC cites money-laundering concerns, other issues with i-gambling bill

The Commonwealth Casino Commission has raised many concerns about a House bill that proposes to allow each senatorial district to establish and regulate internet gaming.

At CCC board’s monthly meeting last Thursday, CCC executive director Andrew Yeom said they have already forwarded their comments last month to the House of Representatives Gaming Committee about House Bill 22-47 that listed many of their concerns that call for numerous areas in need of clarity and decision making.

Yeom said CCC staff have worked on internet gaming market research in general to draw a very preliminary level of what kind of potential economic impact this internet gaming may have for this market, utilizing gaming data and years of gaming experience worldwide, especially in Asia.

He said those forecasts will be shown later for their internal review purposes only.

The executive director, however, noted that there are no known internet gambling data specifically gathered for the CNMI market, therefore forecasts are drawn upon best estimates based on combining various gaming data and principles that apply to the Asian gaming market. He said they just have to use their intuition to draw their own final conclusions.

“In other words, we could be wrong, but at the very least, this forecast can help you envision some level of educated guesses for this market, rather than being left in the complete darkness,” Yeom said.

In CCC’s comments on House Bill 22-47 submitted to House Gaming Committee chair Rep. Edwin K. Propst (D-Saipan), Yeom and CCC board chair Edward C. DeLeon Guerrero said that online gambling increases risks in potential violation of federal laws as well as the Bank Secrecy Act and Anti-Money Laundering, among other concerns.

Yeom and DeLeon Guerrero cited the Federal Wire Act and the Unlawful Internet Gambling Enforcement Act as examples of federal laws that could potentially be violated.

They pointed out that internet gambling, or i-gambling, is still in its infancy, where best practices are not yet in place.

CCC urged further study of the industry, as well as possible amendments to House Bill 22-47 prior to enactment of any legislation regarding i-gambling.

“With proper regulations, money laundering and problem gambling risks can be minimized, but this can only occur after further study and the development of best practices,” Yeom and DeLeon Guerrero said.

They said they understand that the Legislature is responsible for making policy choices that govern the gaming industry, which is crucial to the CNMI’s fiscal survival and continued payment of obligations, most importantly the pension payments due the man’amko or senior citizens.

The two CCC officials suggested amending the bill to require i-gaming operators to have a business license in the CNMI and to utilize banks headquartered in either the CNMI or the United States. “Doing so will help minimize money-laundering concerns while also helping to maximize tax auditing and collections,” they said.

Yeom and DeLeon Guerrero also recommended the use of the term “internet gambling” instead of “internet gaming.”

They said a section of the bill appears to apply to the First (Rota), Second (Tinian), and Third (Saipan) senatorial districts, as all have established gambling in a manner contemplated by Article 21 of the CNMI Constitution. Yeom and DeLeon Guerrero objected to the inclusion of the Third Senatorial District in such a manner. They said gambling in the Third Senatorial District is not a local matter, but a Commonwealth-wide matter as gambling was established by Commonwealth law, and all senatorial districts receive monies due to the conduct of gambling in the Third Senatorial District.

Yeom and DeLeon Guerrero recommended amending the bill to reflect that the regulation of i-gambling is a local issue in the First and Second senatorial districts, subject to regulation by local law, but gambling in the Third Senatorial District remains a Commonwealth-wide issue, subject to regulation by the Legislature as a whole and the CCC.

They said the bill proposes to accept bets for i-gambling users provided that “internet gambling operators utilize effective geolocation or other security features to ensure that internet gambling can only be accessed by individuals in the senatorial district or in other jurisdictions in which gambling is legal.”

Yeom and DeLeon Guerrero said this matter may prove to be difficult as CCC does not have any regulatory power over other jurisdictions.

They said the bill needs to clarify and/or address some areas of concerns—restrictions to minors/underage gambling, which regulatory agency is in charge, Federal Wire Act mechanisms, number of licenses, license requirements, application fees, physical brick and mortar (land-based) casino, and applicable taxes.

Rep. Joseph Lee Pan Guerrero (R-Saipan) is the bill’s author.