MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
on money laundering are two statutory instruments, namely the Prevention of Money Laundering Act (Chapter 373 of the Laws of Malta) augmenting other provisions found in the Criminal Code (Chapter 9 of the Laws of Malta) and the PMLFTR (SL 373.01). The EU’s Fourth Anti-Money Laundering Directive (4AMLD) classifies gambling operators as “subject persons”, which means that gaming operators are required to comply with stringent reporting and pro- cedural obligations. The 4AMLD was transposed into Maltese law, and gaming operators became subject to risk-based AML obligations from 1 August 2018. The 4AMLD takes the form of a minimum harmoni- sation directive and sets out minimum standards that must be met by transposing national legislation, while affording member states the option to exceed this standard and vary in the implementation thereof. Whilst the 4AMLD lays down an obligation for B2C operators to apply CDD measures for single transac- tions amounting to EUR2,000 or more, Malta applies this threshold on the basis of a rolling period of 180 days. Further to the transposition of the 4AMLD, the Anti- Money Laundering Unit was set up within the MGA, with the purpose of conducting AML/CFT supervisory assessments of licensed operators through inspec- tions carried out both on and off site. Reports of find- ings are subsequently forwarded to the FIAU. Any operator found guilty of the offence of money laundering could be exposed, on conviction, to a fine not exceeding EUR2.5 million, and its officers could be exposed to imprisonment for a period not exceed- ing 18 years, or to both a fine and imprisonment. The court may, inter alia, also order the forfeiture to the government of the proceeds or of property with a val- ue that corresponds to the value of such proceeds, whether such proceeds have been received by the person found guilty or by the company. To further combat any breaches of AML regulations, the FIAU published the Risk Evaluation Question- naire in 2025 (REQ 2025), which became available to gaming operators licensed in Malta froon 3 March 2025, on the Compliance and Supervision Platform
for Assessing Risk. Operators also had to ensure that their subject person profile was fully updated, includ- ing ownership details, financials, target markets and their business risk assessment. Failure to submit the REQ by the deadline constituted a breach of Regulation 19 of the PLMFTR and Sec- tion 5.12 of the implementing procedures, which could lead to administrative penalties under Regulation 21 of the PMLFTR. Furthermore, the MGA and the MFSA entered into a memorandum of understanding (MoU) aimed at col- laborating on the enforcement and governance of areas related to AML, the financing of terrorism and the proliferation of weapons of mass destruction.
9. Advertising 9.1 Regulatory/Supervisory Agency
See 4.1 Regulatory Authority . 9.2 Definition of Advertising
Advertising is defined as text, images, sound or any other media transmitting information that is designed to promote, directly or indirectly, the goods, services, image or brand of a person pursuing a licensable gaming activity. For the avoidance of doubt, this also includes product placement and any emerging adver- tising techniques. 9.3 Key Legal, Regulatory and Licensing Provisions The key provisions can be found in the Gaming Com- mercial Communications Regulations, 2018; Legal Notice 247 of 2018; and SL 350.25, under the Require- ments as to Advertising, Methods of Advertising and Directions applicable to Gambling Advertisements. The MGA issued the Commercial Communications Guidelines as part of its mission to prioritise player protection and responsible gaming. These legal instru- ments lay down the basis for acceptable advertising practices in respect of gaming services. The MGA also set up a Commercial Communications Committee, the role of which is to review commercial communications issued by gaming operators in Malta and assess any possible breaches.
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