Art. 4 Exemptions for certain providers of gambling services | Anti-money laundering regulation (AMLR) | AML

This article carves out an optional exemption for Member States, allowing them to release certain gambling service providers from the full requirements of the regulation where a proven low risk exists.

However, this exemption power is not unlimited — casinos and providers whose principal activity is online gambling or sports betting are explicitly excluded from eligibility, with a narrow exception for state-operated or state-regulated online services.

The article also places an obligation on Member States to conduct their own risk assessments before granting any exemption, and to put monitoring measures in place to prevent abuse of any exemptions granted.

Important points:

Member States are required to conduct a risk assessment of gambling services — covering money laundering and terrorist financing threats, transaction size and payment methods, and geographical factors — before granting any exemption.
Casinos and principal online gambling or sports betting providers cannot benefit from the exemption, unless those online services are operated or regulated by the State.
Member States must establish risk-based monitoring activities or other adequate measures to ensure exemptions are not abused.

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.
2. The exemption referred to in the first subparagraph shall not apply to:
  1. casinos;
  2. providers of gambling services the principal activity of which is to provide online gambling services or sport betting services, other than:
    online gambling services operated by the State, whether through a public authority or an enterprise or body controlled by the State;
    online gambling services the organisation, operation and administration of which is regulated by the State.
1. For the purposes of paragraph 1, Member States shall carry out a risk assessment of gambling services assessing:
  1. money laundering and terrorist financing threats and vulnerabilities, and mitigating factors of the gambling services;
  2. the risks linked to the size of the transactions and payment methods used;
  3. the geographical area in which the gambling services are administered, including their cross border dimension and accessibility from other Member States or third countries.
2. 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.
1. 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.