20.01.2023
1.1. BATERY is operated by YouGMedia B.V. (company registration number 153269), located at Dr. H. Fergusonweg 1, Curaçao. The company is officially licensed by the Government of Curaçao to provide gaming services under License #365/JAZ, specifically under Sub-License GLH-OCCHKTW0707032021, which was granted on July 7, 2021.
1.2. This document, referred to as the \"Procedure,\" establishes a comprehensive set of standards and protocols designed to combat money laundering (AML) and the financing of terrorism (CTF). It also covers fraud prevention and the implementation of a risk-based approach to security.
1.3. Money laundering occurs when criminals try to mask the illegal origins of their funds to make them appear legitimate, thereby avoiding legal penalties or the seizure of assets. Terrorist financing follows a similar pattern of concealment, though it is important to note that the funds used for terrorism may sometimes come from legal sources.
1.4. The ability to move illicit funds through global financial networks is a cornerstone of organized crime. Similarly, financial resources act as the fuel for terrorist organizations, enabling them to plan and execute their activities.
1.5. For the purposes of this policy, the terms AML and CFT are used interchangeably to describe the overall effort to stop financial crime.
1.6. While anti-money laundering efforts historically focused on traditional banks, criminals have adapted to these stricter controls. In recent years, they have shifted their focus toward alternative methods to convert and hide illegally obtained money.
1.7. YouGMedia B.V. is committed to stopping these illegal activities by maintaining full cooperation with law enforcement and reporting any suspicious transactions to the Financial Intelligence Unit of Curaçao.
1.8. Every member of the YouGMedia B.V. team is required to read the AML manual and understand their specific duties. Staff must strictly follow the established protocols, collect all necessary documentation as required by this Procedure, and immediately alert the Money Laundering Compliance Officer (MLCO) to any red flags.
1.9. The MLCO serves as the sole point of contact for all communications with law enforcement agencies.
1.10. It is the MLCO's responsibility to keep the organization informed by distributing updates regarding changes in legislation as they happen.
1.11. This Procedure is created and regularly revised by the MLCO, following the core principles established by the Company’s Director to prevent financial crimes and terrorism funding.
2.1. AML - Anti-Money Laundering.
2.2. CFT refers to the active efforts to Combat the Financing of Terrorism.
2.3. Money Laundering –
2.3.1. Converting or transferring assets with the knowledge that they come from criminal activity, specifically to hide their illegal source or to help someone involved in the crime escape legal prosecution.
2.3.2. Hiding or distorting the true nature, location, source, or ownership of assets that are known to be the result of criminal actions.
2.3.3. Acquiring, owning, or using property while knowing at the time of the transaction that the assets were derived from criminal activity.
2.3.4. Any attempts to prepare for, plan, or collaborate on the illegal acts mentioned in sections 2.3.1, 2.3.2, and 2.3.3.
2.4. Terrorist financing involves providing the financial means or support necessary to carry out acts of terrorism or to support a designated terrorist organization.
2.5. The Money Laundering Compliance Officer (MLCO) is a designated official who possesses deep expertise in the company's risk exposure regarding financial crimes. This person has the seniority to make critical risk-management decisions, regardless of whether they sit on the management board.
2.6. A Politically Exposed Person (PEP) is an individual who holds, or has held, a high-profile public position. This includes heads of state, government ministers, members of parliament, leaders of political parties, high-court judges, central bank board members, ambassadors, high-ranking military officers, executives of state-owned enterprises, or senior directors of international organizations (excluding mid-to-low level officials).
2.7. An unusual transaction is any monetary operation involving property that is suspected—directly or indirectly—of being linked to criminal activity or the financing of terrorism.
2.8. A Customer (or client) is defined as any person of legal age who participates in the available games of chance.
3.1. National regulations Under the National Ordinance of Money Laundering (1993), money laundering is a serious crime in Curaçao. The regulatory framework is supported by several key national laws, including:
a) The Penal Code (N.G. 2011, no. 48);
b) The National Ordinance on the Reporting of Unusual Transactions (NORUT) (N.G. 1996, no. 21, as amended), including all subsequent decrees and ministerial orders.
c) The National Ordinance on Identification of Clients when Rendering Services (NOIS) (N.G. 1996, no. 23, as amended), along with all related decrees and operational measures.
d) The National Decree regarding penalties and administrative fines for service providers (N.G. 2010, no. 70), which implements specific articles of the NOIS.
e) The national decree imposing sanctions on Al-Qaida, the Taliban, Osama bin Laden, and other locally designated terrorists (N.G. 2010, no. 93).
f) The National Ordinance regarding the mandatory reporting of cross-border money transportation (N.G. 2002, no. 74), including all related amendments and decrees.
These legal frameworks provide the foundation for the procedures used across Curaçao's financial sector to identify and prevent risks associated with money laundering, terrorism funding, and other crimes.
3.2. International regulations
Curaçao aligns itself with global standards by incorporating international benchmarks into its own laws, aided by its membership in the Financial Action Task Force (FATF) and the Caribbean Financial Action Task Force (CFATF). On a global scale, the FATF is a primary authority in the fight against money laundering, the funding of terrorism, and the spread of weapons of mass destruction.
The FATF tracks how its members implement these safety measures, analyzes evolving criminal techniques, and promotes the worldwide adoption of effective counter-measures. To achieve this, the FATF works closely with other international anti-crime bodies. It consists of 34 direct member countries, with over 180 countries connected through various regional organizations.
Consequently, this policy merges FATF international standards with Curaçao's local AML/CFT rules, ensuring a robust and globally recognized approach. If local laws demand stricter requirements, YouGMedia B.V. reserves the right to implement additional internal procedures to remain fully compliant.
4.1. YouGMedia B.V. appoints an MLCO to oversee the implementation of prevention measures as required by Money Laundering Regulations and to serve as the primary liaison with the Financial Intelligence Unit (FIU) of Curaçao.
4.2. The role of MLCO is reserved for individuals with the necessary academic background, professional expertise, experience, and an untarnished reputation to effectively manage compliance.
4.3. The duties of the MLCO include, but are not limited to:
4.3.1. Creating internal controls to block money laundering and terrorist financing. This involves conducting due diligence on customers and beneficial owners, reporting data to the FIU Curaçao, managing secure data storage, assessing risks (based on geography, product type, and transaction nature), and overseeing general compliance communication.
4.3.2. Ensuring all relevant staff stay current on existing regulations. This includes organizing ongoing training programs to help employees spot suspicious activity and providing clear instructions on the correct reporting steps to take.
4.3.3. Overseeing the general compliance framework to prevent money laundering and terrorist financing. This includes making sure the company allocates enough resources for comprehensive staff training and the deployment of risk management systems, including specialized software to streamline oversight.
4.3.4. Maintaining an archive of all training materials. Staff must undergo AML refresher courses at least once a year, with additional sessions scheduled whenever necessary—for instance, following major legislative updates. Detailed records of these sessions must be kept, documenting the dates, the names and roles of the employees trained (including their signatures), and the details of the compliance officer who led the training.
4.3.5. Keeping a close watch on any legal changes regarding anti-money laundering and counter-terrorist financing laws, and updating internal protocols accordingly. These internal guidelines must be reviewed and refreshed at least once every twelve months.
5.1. To properly identify and evaluate the risks of money laundering and terrorist financing linked to its operations, YouGMedia B.V. conducts a thorough risk assessment based on several key categories:
5.1.1. risks relating to customers.
5.1.2. Risks associated with specific countries, geographic regions, or legal jurisdictions.
5.1.3. Risks tied to the types of products, services, or specific transactions offered.
5.1.4. Risks involving the communication channels, intermediaries, or the methods used to deliver products and services between YouGMedia B.V. and its clients.
5.2. The methods used to detect and analyze these risks should be scaled appropriately, reflecting the actual nature, scale, and complexity of YouGMedia B.V.’s business activities.
5.3. Based on the findings of the risk assessment, YouGMedia B.V. categorizes risks as follows:
5.3.1. Low Risk: All Players are initially placed in this category. They undergo Standard Due Diligence, which involves requesting the necessary KYC documents as outlined above and performing regular monitoring of their account activity.
5.3.2. High Risk: A Player is moved to this category based on their behavior. This occurs if automated systems trigger an alert or if suspicious activity is spotted. Such accounts are subjected to Enhanced Due Diligence. Examples of high-risk triggers include, but are not limited to, those listed in the following section.
6.1. The term 'politically exposed persons' (PEPs) refers to individuals who currently hold, or previously held, high-ranking public positions in a foreign country, such as:
a) Heads of state, government leaders, ministers, and their deputies or assistants,
b) members of parliaments,
c) Judges of supreme or constitutional courts, or other high-level judicial officials whose rulings are generally final and not subject to appeal,
d) Members of boards of central banks or national audit courts,
e) Ambassadors, chargés d'affaires, and high-ranking military officers,
f) Individuals serving on the administrative, management, or supervisory boards of state-owned enterprises.
6.2. YouGMedia B.V. applies heightened scrutiny to customers from countries known for systemic bribery, corruption, or financial instability, particularly where local AML laws do not align with international standards.
6.3. To manage these risks, YouGMedia B.V. reviews the country of origin for each client to flag those from regions highly vulnerable to corruption or those that fail to meet the FATF's (Financial Action Task Force) 40+9 recommendations.
6.4. Transparency International's Corruption Perceptions Index, available on their official website, serves as a primary resource for assessing corruption levels.
www.transparency.org. With regard to the issue of adequacy of application of the 40+9 recommendations of the FATF, the Company may retrieve information from the country assessment reports prepared by the FATF or other regional bodies operating in accordance with FATF’s principles (e.g. Moneyval Committee of the Council of Europe) or the International Monetary Fund.7.1. Standard Due Diligence: YouGMedia B.V. performs basic identification and verification of the customer's identity, as detailed in paragraph 7.
7.2. Standard Due Diligence is triggered in the following scenarios:
7.2.1. During the initial customer onboarding process;
7.2.2. upon a request for withdrawal;
7.2.3. If a customer's monthly transaction volume exceeds 1,000 Euros (or the equivalent in another currency), regardless of whether this is a single payment or a series of linked transactions, unless the law specifies otherwise;
7.2.4. At any time if YouGMedia B.V. deems it necessary.
7.3. YouGMedia B.V. also reserves the right to conduct phone verifications to confirm the details provided during registration or at any other point during the relationship.
7.4. Enhanced Due Diligence: In specific high-risk cases, YouGMedia B.V. will require additional KYC information beyond the standard requirements, such as:
7.4.1. A selfie of the Customer holding the identification document.
7.4.2. A recent bank statement or utility bill for address verification.
7.4.3. A bank statement that confirms the source of the initial deposit.
7.4.4. A bank statement issued within the last three months for the account where withdrawals are sent.
7.4.5. Documentation or evidence explaining the customer's overall source of wealth.
7.5. Additional Enhanced Due Diligence measures include:
7.5.1. Rigorous verification of the customer's residential address.
7.5.2. Continuous oversight of account activity, which involves tracking all transactions, regularly refreshing identification data, and, if needed, pinpointing the exact origin of the funds used.
7.6. Enhanced Due Diligence is mandated as soon as a customer is flagged as 'High Risk,' including situations such as:
7.6.1. When the authenticity or accuracy of the customer's provided identification is questioned.
7.6.2. Whenever there is a suspicion that money laundering or terrorist financing has occurred, is occurring, or is planned.
7.6.3. If a customer is suspected of creating multiple accounts under different names.
7.6.4. If there is a suspicion that a group of customers is colluding to defraud or gain an unfair advantage over YouGMedia B.V.
7.6.5. If the customer is suspected of being a Politically Exposed Person (PEP).
7.6.6. Upon the detection of any fraudulent, inappropriate, or irregular behavior.
7.7. If YouGMedia B.V. cannot verify a customer's identity despite its efforts, it may freeze the account until the required information is provided. If the provided information is found to be false or misleading, the account may be terminated.
7.8. Employees are strictly forbidden from starting or maintaining a business relationship, or processing transactions, if due diligence requirements cannot be met:
7.8.1. For example, if the customer fails to provide—or provides incomplete—proof of identity and residence.
7.8.2. If the provided data is incorrect, or if the customer avoids providing the necessary information to establish their identity.
7.9. YouGMedia B.V. cannot enter into or continue a relationship if identity verification (per section 6.1) is skipped, or if there is a strong reason to believe the submitted documents are forged or falsified.
7.10. Throughout the entire relationship with a customer, YouGMedia B.V. must:
7.10.1. Constantly monitor account activity and payment methods used for deposits and withdrawals. This ensures that all transactions align with the customer's known risk profile, their identity, and the documented source of their funds.
7.10.2. Ensure that all KYC documents and data are relevant, accurate, and updated through regular reviews.
7.11. Registration is strictly prohibited for individuals under 18; the system automatically blocks minors via birthdate checks. Additionally, the system does not permit residents of the USA to register.
7.12. To verify the payment methods used for funding accounts, YouGMedia B.V. may request:
7.12.1. A photo of the credit card used (showing the cardholder's name, expiry date, the first 6 and last 4 digits, with the CVV code covered for security). 7.12.2. Bank statements from the last six months for the account used for the deposit, clearly showing the owner's name.
7.12.3. A screenshot from the customer's e-wallet account showing the specific transfer to YouGMedia B.V.
7.12.4. If an e-wallet is used and it was funded via wire transfer or credit card, YouGMedia B.V. may ask for a bank statement to confirm where those funds originally came from.
7.12.5. For any other payment methods, YouGMedia B.V. may require proof that the funds used for the deposit were obtained legally.
4.3.3. Overseeing the general compliance framework to prevent money laundering and terrorist financing, while ensuring the company allocates sufficient budget and tools for staff training and the deployment of risk-management software to facilitate effective supervision.
4.3.4. Maintaining a complete archive of all training materials. Staff must undergo AML refresher courses at least once a year, with additional sessions triggered by major legal updates. Detailed logs of these sessions must be kept, documenting the dates, the names and roles of the participants, the instructor's details, and the signatures of all parties involved.
4.3.5. Staying current with all legislative changes regarding the prevention of money laundering and terrorist financing, and adjusting internal guidelines accordingly. These internal protocols must be reviewed and updated at least annually to reflect the latest legal requirements.
5.1. To properly identify and analyze the risks of money laundering and terrorist financing linked to its operations, YouGMedia B.V. develops a comprehensive risk assessment based on several key categories:
8.1.1. first name, surname.
5.1.2. Risks associated with specific countries, geographic regions, or legal jurisdictions.
8.1.3. a residential address.
5.1.3. Risks stemming from the nature of the products, services, or specific types of transactions.
8.2.1. driving license.
8.2.2. identity card.
8.2.3. travel-document or passport.
5.1.4. Risks related to the channels used for communication, mediation, or the delivery of products and services between YouGMedia B.V. and its clients.
5.2. The methods used to identify and analyze these risks should be balanced and scaled according to the size, nature, and complexity of YouGMedia B.V.'s professional and economic activities.
8.3.1. valid official identity document.
8.3.2. recent utility bill.
5.3. Based on the results of this risk analysis, YouGMedia B.V. categorizes risks as follows:
5.3.1. Low Risk: By default, all Players are viewed as low risk. They undergo Standard Due Diligence, which involves requesting standard KYC documents as outlined previously and maintaining routine monitoring of their account activity.
5.3.2. High Risk: A Player is moved to this category based on their specific activity. This includes any user who triggers an automated system alert or displays suspicious behavior. Such users are subject to Enhanced Due Diligence (EDD). Specific triggers for this classification are detailed in the following section.
6.1. The term 'politically exposed persons' (PEPs) refers to individuals who hold or have previously held high-ranking public positions in a foreign country, including:
c) Judges of supreme or constitutional courts, or other top-tier judicial officials whose rulings are generally final and not subject to appeal,
d) Members of boards of central banks or national audit offices,
e) Ambassadors, chargés d'affaires, and high-ranking military officers,
f) Members of the supervisory, management, or administrative boards of state-owned companies.
6.2. YouGMedia B.V. exercises increased vigilance when dealing with customers from countries known for high levels of corruption, bribery, or financial instability, especially where local AML laws do not align with global standards.
6.3. To manage these risks, YouGMedia B.V. reviews the customer's country of origin to spot jurisdictions that are particularly prone to corruption or fail to meet the FATF's 40+9 international recommendations.
6.4. The Transparency International Corruption Perceptions Index, available on their official website, serves as a primary reference for evaluating corruption levels in different regions. 7.1. Standard Due Diligence: In these cases, YOUGMEDIA B.V. requires the customer to provide identification and undergo a verification process as detailed in paragraph 7.
7.2. Standard Due Diligence is triggered in the following scenarios:
7.2.1. During the initial onboarding process for any new customer,
7.2.3. Whenever a customer's monthly transaction volume exceeds 1,000 Euros (or the equivalent in another currency), whether this occurs in a single payment or via several linked transactions, unless law dictates otherwise,
7.2.4. At any time if YOUGMEDIA B.V. deems it necessary at its own discretion.
7.3. YOUGMEDIA B.V. also reserves the right to conduct a phone interview to verify the information provided during registration or at any other time the company finds it necessary.
7.4. Enhanced Due Diligence (EDD): In specific high-risk situations, YOUGMEDIA B.V. will perform a deeper check by requesting additional KYC documents beyond those mentioned in paragraph 7, such as:
7.4.2. A recent bank statement or a utility bill to verify residence.
7.4.3. A bank statement that proves the source of the initial deposit.
7.4.4. A bank statement from the last three months for the account where withdrawals are being sent.
7.4.5. Detailed documentation explaining the customer's overall source of wealth.
7.5. Other Enhanced Due Diligence measures include:
7.5.1. Obtaining and verifying the customer's actual residential address.
7.5.2. Continuous oversight of account behavior, which involves tracking all transactions throughout the business relationship, regularly updating ID documents, and, if needed, tracing the exact origin of the funds used.
7.6. EDD is applied the moment a customer is flagged as 'High Risk.' This includes, but is not limited to, the following cases (also detailed in the 'Monitoring of Account Holder activities' section):
http://mot.cw/Web/MOTWeb/MOTWeb.nsf/web/goaml the new portal for fiu curacao).7.6.1. When there are doubts regarding the authenticity or truthfulness of the ID documents provided.
7.6.2. Whenever there is a suspicion that money laundering or terrorist financing is occurring, has occurred, or is planned.
7.6.3. If it is suspected that a user is attempting to open multiple accounts under different names.
7.6.4. If there is a suspicion that the customer is part of a coordinated group trying to unfairly exploit YOUGMEDIA B.V.
7.6.5. If the customer is suspected of being a Politically Exposed Person (PEP).
7.6.6. Upon the discovery of any fraudulent, irregular, or inappropriate activity.
7.7. If YOUGMEDIA B.V. cannot successfully verify a customer's identity despite these efforts, they may freeze the account until the required info is provided, or shut it down entirely if the provided information is found to be fake or misleading.
7.8. Employees are strictly forbidden from starting or maintaining a business relationship or processing transactions if the due diligence requirements cannot be met:
7.8.1. If the customer fails to provide, or provides incomplete, data regarding their identity and home address as required by this policy,
7.8.2. If the submitted data is incorrect, insufficient, or if the customer actively avoids providing the necessary identification.
7.9. YOUGMEDIA B.V. is prohibited from continuing any relationship without the identity verification required in section 6.1, or if there is a strong reason to believe the documents provided are forged.
7.10. Throughout the duration of the customer relationship, YOUGMEDIA B.V. must:
7.10.1. Continuously monitor account activity and the payment methods used for deposits and withdrawals. This ensures that all transactions align with the customer's known risk profile, their expected activity, and the legitimate source of their funds.
7.10.2. Regularly review and update the customer's KYC documents and data to ensure they remain accurate and relevant.
7.11. Registration is strictly prohibited for individuals under 18; the system automatically blocks minors via birthdate verification. Additionally, the system does not permit residents of the USA to register.
7.12. To verify the payment methods used for deposits, YOUGMEDIA B.V. may request:
11.4.1. name of the training.
11.4.2. personal data of the trained employee.
7.12.1. A photo of the credit card used (showing the name, expiry date, first 6 and last 4 digits on the front; the CVV on the back must be covered).
11.4.4. training venue.
11.4.5. head and organizer of the training.
11.4.6. time of training.
11.4.7. duration of the training.
7.12.2. A bank statement from the last 6 months for the account used for the deposit, clearly showing the account holder's name.
7.12.3. A screenshot from the customer's e-wallet account showing the specific transfer to YOUGMEDIA B.V.
7.12.4. If an e-wallet is used and it was funded via wire transfer or credit card, YOUGMEDIA B.V. may ask for a bank statement to confirm where those funds originally came from.
7.12.5. For any other payment method, YOUGMEDIA B.V. may request proof that the funds used for the deposit were obtained legally.
4.3.3. Managing the general compliance framework to prevent money laundering and terrorist financing, while ensuring the company allocates sufficient resources for staff training and the deployment of risk management systems, including specialized monitoring software.
4.3.4. Maintaining an archive of all training materials. AML training is mandatory at least once a year, with additional sessions scheduled whenever necessary—for instance, following major legislative updates. Detailed records of these sessions must be kept, documenting the dates, the names and roles of the employees trained (including their signatures), and the details of the compliance officer who conducted the training.
4.3.5. Staying current with all legislative changes regarding the prevention of money laundering and terrorist financing, and updating internal guidelines accordingly. These internal instructions must be reviewed and refreshed at least annually.
Objective indicators
| 5.1. To identify, evaluate, and analyze risks associated with money laundering and terrorist financing within its operations, YouGMedia B.V. conducts a comprehensive risk assessment focusing on the following categories: 5.1. To identify, evaluate, and analyze risks associated with money laundering and terrorist financing within its operations, YouGMedia B.V. conducts a comprehensive risk assessment focusing on the following categories: |
|
|---|---|
| Indicator | Definition |
| G0000111 | 5.1.2. Risks linked to specific countries, geographic regions, or legal jurisdictions. |
| 5.1.3. Risks associated with the types of products, services, or specific transactions offered. 5.1.3. Risks associated with the types of products, services, or specific transactions offered. |
|
| G0000114 | 5.1.4. Risks related to the communication channels, intermediaries, or the methods used to deliver products and services between YouGMedia B.V. and its clients. |
| 5.2. The methods used for risk identification and analysis should be proportionate to the scale, nature, and complexity of YouGMedia B.V.’s business and professional activities. 5.2. The methods used for risk identification and analysis should be proportionate to the scale, nature, and complexity of YouGMedia B.V.’s business and professional activities. |
|
| 5.3. Based on the results of these assessments, YouGMedia B.V. categorizes risk as follows: 5.3. Based on the results of these assessments, YouGMedia B.V. categorizes risk as follows: |
|
| G0000135 | 5.3.1. Low Risk: All players are initially categorized as low risk. They undergo Standard Due Diligence, which involves requesting the necessary KYC documents as previously described and continuous monitoring of their account activity. A giro-based transaction is a transfer from a bank account of the service provider to a local or international bank account carried out at the request of the client addressed to the service provider. 2. The taking into deposit or the releasing out of deposit of an amount of NAF(ANG) 5,000.00 or more, at the request of the client. 3. Sale of tokens to a client in the amount of NAF (ANG) 5,000.00 or more. The term "tokens" includes at least chips and credits. 4. Pay-out of prizes in the amount of NAF (ANG) 5.000,-- or more. 5. All other cases. |
| 5.3.2. High Risk: A player is moved to this category based on their behavior. If automated systems trigger an alert or if unusual activity is spotted, the player is classified as High Risk and subject to Enhanced Due Diligence. This classification applies to the scenarios listed below, though it is not limited to them. | |
Subjective indicator
| 6.1. The term 'Politically Exposed Persons' (PEPs) refers to individuals who currently hold, or have previously held, prominent public roles in a foreign country, such as: | |
|---|---|
| Indicator | Definition |
| G0000211 | a) Heads of state, government leaders, cabinet ministers, and their deputies or assistants, |
c) Judges of supreme or constitutional courts, or other high-level judicial officials whose rulings are generally final and not subject to appeal,