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Subject: Unlawful Internet Gambling Enforcement Act of 2006
Date: May 20, 2010
To: Chief Executive Officers and Compliance Officers of All National Banks, Federal Branches and Agencies, and Technology Service Providers, Department and Division Heads, and All Examining Personnel
Description: Examination Procedures
As of May 17, 2012, this guidance applies to federal savings associations in addition to national banks.
The Office of the Comptroller of the Currency has issued the attached interagency guidance for reviewing compliance with the joint rule promulgated by the Department of the Treasury (Treasury) and the Federal Reserve Board pursuant to the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA or act).
The act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the act). Pursuant to the act, Treasury and the Federal Reserve Board (in consultation with the U.S. Attorney General) promulgated regulations requiring financial institutions and certain other participants in designated payment systems to establish and implement policies and procedures reasonably designed to prevent or prohibit the processing of restricted transactions. Compliance with the rule is required as of June 1, 2010.
The interagency examination guidance includes an overview of the UIGEA and the joint rule (Federal Register, 73 FR 69382, November 18, 2008), a summary chart of the obligations of non-exempt participants (Appendix A), and the examination procedures (Appendix B). If you have questions regarding this bulletin, please contact your supervisory office or Bank Information Technology at (202) 874-4740.
Mark L. O'Dell
*References in this guidance to national banks or banks generally should be read to include federal savings associations (FSA). If statutes, regulations, or other OCC guidance is referenced herein, please consult those sources to determine applicability to FSAs. If you have questions about how to apply this guidance, please contact your OCC supervisory office.