JAPAN Law and Practice Contributed by: Masayuki Fukuda, Nagashima Ohno & Tsunematsu
9. Advertising 9.1 Regulatory/Supervisory Agency The Japan Casino Regulatory Commission is the rel- evant regulatory/supervisory agency. 9.2 Definition of Advertising In the Operational Guideline on Examination of Licenc- es, etc, issued by the Japan Casino Regulatory Com- mission, advertising casino business or casino facili- ties is defined as “any activity notifying unspecified or many persons for inducing them into taking part in casino activities or entering into casino facilities”. 9.3 Key Legal, Regulatory and Licensing Provisions In order to prevent problem gambling and maintain the sound upbringing of young people, good morals, a clean entertainment environment, and the protection of customers, the following are prohibited: • false or over-exaggerated expressions and expla- nations; • expressions and explanations that may not be objectively proved to be true; and • expressions and explanations that may violate good morals or damage a clean entertainment environment. Every advertisement or promotion of a casino busi- ness or a casino facility shall contain: • a warning regarding the connection between the use of casinos and problem gambling; and • a notice that minors’ entry into casinos is prohib- ited. In advertising the casino business or casino facilities, any person must make efforts: • to give consideration to their influence over per- sons under 20 years of age and the relationship between the use of casino facilities and addiction to casino gaming; and • not to advertise excessively. More specifically, the casino business operator shall:
• conduct self-evaluations and internal audits con- cerning its anti-money laundering measures; and • take any other measures that are required under the rules of the Commission. For the purpose of preventing money laundering, all money transfers and receipts carried out by casino business operators upon customers’ requests are only carried out via financial institutions, and each cus- tomer deposit is only transferred to that customer’s own account. 8.2 AML Requirements In Japan, money laundering with respect to proceeds from certain serious crimes such as drug-related crimes, murder, burglary, and currency counterfeiting (including activities conducted outside Japan that (i) would be criminal offences if they were conducted in Japan and (ii) are criminal offences under the rel- evant jurisdiction of the place where such activities were carried out) is prohibited as a crime under the Narcotics Special Provisions Act and the Punishment of Organised Crimes and Control of Crime Proceeds Act. In addition, in order to prevent money laundering and terrorist financing, the Criminal Proceeds Transfer Prevention Act (CPTPA) requires that certain types of business operators such as financial institutions and real estate agents: • verify the identity of their customers by confirming the customer identification data, the purpose of conducting the transaction, the customer’s occu- pation or the nature of their business, and the ben- eficial owner of the customer (for an incorporated entity only) when undertaking certain transactions that are specified in the CPTPA; • prepare and preserve records of such verification and the transaction itself; and • report any suspicious transaction to the competent administrative authority. These regulations are made based on recommenda- tions issued by the Financial Action Task Force (FATF).
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