Spanish AML reform proposes new fees for gambling operators

Spain has opened a public consultation on draft legislation that would establish the National Authority for Financial Integrity, with gambling operators expected to contribute towards its funding.

The proposed authority, known as ANIFI, would consolidate responsibilities currently divided between Sepblac and the secretariat of Spain’s Commission for the Prevention of Money Laundering.

Its remit would include financial intelligence, supervision, inspections, sanctions and the implementation of international financial restrictions. ANIFI would also oversee measures concerning terrorist financing and the financing of weapons-of-mass-destruction proliferation.

The authority would become Spain’s sole representative before the EU’s Anti-Money Laundering Authority. The Government plans to establish it using the structure and operational resources of the existing FROB bank-resolution body.

ANIFI would operate outside the general state budget. Its projected annual budget is approximately €50m ($58m), funded principally through fees charged to certain entities subject to anti-money laundering requirements, including financial institutions and gambling operators, together with a limited share of sanction proceeds.

Individual companies would contribute no more than €1.5m annually under the proposed model. The draft does not yet specify how fees would be allocated among gambling businesses or other obligated sectors.

The reform would expand AML obligations to include cryptoasset service providers, crowdfunding platforms and specified professional-football participants, including clubs and agents. It would also strengthen inspection and enforcement concerning Spain’s Central Register of Beneficial Ownership and tighten suitability requirements for individuals managing regulated entities.

The Council of Ministers approved the draft at first reading on 28 July. It has not yet been submitted to the Congress of Deputies and is not in force.

Individuals, companies and organisations may comment through the Ministry of Economy’s public consultation, which runs until 30 September. The Government must subsequently review submissions, obtain applicable advisory reports and approve a final bill before sending it to Parliament for debate.

The consultation provides further detail on ANIFI following the Government’s initial July announcement. Separately, Spain has reportedly joined Malta, Italy and Portugal in opposing a proposed EU-wide online gambling tax. The DGOJ has also published an annex consolidating national and regional gambling rules, as Spain’s state-regulated online market continues to expand.