GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
8.2 AML Requirements The AML Act and policies require an accountable insti- tution to keep books and records concerning games- of-chance customers and ensure that those records and underlying information are available on a timely basis to the FIC and other competent authorities. Further to that responsibility, games-of-chance com- panies may appoint a person to keep records on their behalf. However, notwithstanding the appointment of such a person, the accountable institution shall not be relieved of the ultimate responsibility to comply with that requirement of the law. The AML Act also mandates operators of games of chance to declare the lawful origin of the capital for the intended operation in the case of an application for a licence or the origin of additional funds or capital in the case of an application for a licence renewal. The AML Act further mandates a licensee to iden- tify the players on their betting sites and to request their authentic ID document bearing their names and addresses. Licensees are mandated to keep records of players for a specified period and to produce those reports on request. Further, they must report suspicious transac- tions on their betting sites to the appropriate authori- ties. 9. Advertising 9.1 Regulatory/Supervisory Agency The Gaming Commission of Ghana is the regulatory or supervisory authority with regard to advertising. 9.2 Definition of Advertising Act 721 and the advertising guidelines do not define advertisement within the meaning of games-of- chance business. However, generally speaking, it is intended that advertisement within the gaming industry in Ghana means any form of communication designed to promote, either directly or indirectly, the licence operator’s business activity within Ghana’s jurisdiction.
The advertisement may be in the form of billboards, video recordings or audio jingles that promote the business of a licensee in Ghana to customers. 9.3 Key Legal, Regulatory and Licensing Provisions The Gaming Commission demands that all licence operators submit their advertisement materials for vetting and approval to regulate industry advertise- ment better. With the requisite approval notices from the Gaming Commission, a licensee can embark on an advertisement within the jurisdiction of Ghana. 9.4 Restrictions on Advertising Essential restrictions are enumerated in the advertis- ing guidelines for the regulation and implementation by licence operators, including the exclusion of celeb- rities from such advertisements. Further, advertise- ments must not contain misleading, unsubstantiated claims. They must also avoid putting out inappropriate content against competitors. Operators are mandated to boldly declare warnings such as “gamble respon- sibly”, “only 18 years+”, “gambling is addictive”, and other warnings that may, from time to time, be pre- scribed by the Gaming Commission of Ghana. 9.5 Sanctions/Penalties Failure to adhere to the advertising guidelines shall affect the licence renewal process of the operator in the jurisdiction of Ghana or by the imposition of fines by the Gaming Commission. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements The disclosure requirements for acquiring a stake or interest in a licensed operator are mandated to be made to the Gaming Commission regarding the over- all understanding of the Gaming Act of Ghana. With specific reference to Section 14 of Act 721, a person qualifies for a game-of-chance licence if that person is partly or wholly Ghanaian-owned and has agreed to provide any information demanded by the Gaming Commission of Ghana. As such, a corporate structure change requires the licence operator to make the nec- essary disclosures.
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