§ 118 — Blocking of payment transactions

118.—(1) Where the Authority, after receiving a complaint or on the Authority’s initiative, is satisfied that a person is participating or has participated in any unlawful remote gambling activity, the Authority may, after having regard to the matters referred to in subsection (4) —(a)

direct the MAS to give a financial institution a payment blocking order; or

(b)

give a financial transaction provider a payment blocking order.

(2) A payment blocking order given to a financial institution or a financial transaction provider in relation to a person’s participation in any unlawful remote gambling activity may order the financial institution or the financial transaction provider concerned —(a)

not to accept credit, or proceeds of credit, extended to that person;

(b)

not to accept any cheque, bank draft or similar instrument which is drawn by or in favour of that person;

(c)

not to make or accept any electronic funds transfer, or any funds transmission, to or from that person; or

(d)

to block payments, or otherwise prevent or prohibit transactions, generally where these use merchant category codes (or equivalents) customarily associated with gambling transactions.

(3) Where the Authority directs the MAS to give a payment blocking order under subsection (1)(a), the MAS must then give the financial institution concerned a payment blocking order.

(4) Before giving a direction or a payment blocking order under subsection (1), the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:(a)

whether, having regard to the content of the online location on which any bank account information is specified, that the bank account is used or is to be used to commit an offence under section 18, 20(1) or 34 or to publish a gambling advertisement about remote gambling in Singapore in contravention of section 85;

(b)

whether the merchant category codes (or equivalents) customarily associated with gambling transactions are used by credit card systems or other payment systems to determine if a transaction is or is likely to be related to any unlawful remote gambling activity;

(c)

whether the owner or operator of the online location on which any bank account information is specified demonstrates a disregard for the prohibitions and restrictions in this Act against remote gambling generally;

(d)

whether access to the online location on which any bank account information is specified has been disabled by orders from any court or competent authority of another country or territory on the ground of or related to remote gambling;

(e)

whether the online location on which any bank account information is specified contains guides or instructions to circumvent any measure, or any order of any such court or competent authority, to disable access to the online location on the ground of or related to remote gambling;

(f)

the volume of traffic at the online location by end‑users in Singapore;

(g)

the burden that the making of the payment blocking order will place on the financial institution or class of financial institutions, or the financial transaction provider or class of financial transaction providers;

(h)

the technical feasibility of complying with the payment blocking order.

(5) To avoid doubt, the Authority is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.

(6) A financial institution or financial transaction provider to which a payment blocking order is given under this section and which does not comply with the order shall be guilty of an offence and shall be liable on conviction —(a)

for a payment blocking order that specifies an account of any person who is participating or has participated in any unlawful remote gambling activity, to a fine not exceeding $20,000 for each transaction specified in the payment blocking order but not blocked, up to a total of $500,000 per account to or from which the transaction is made or to be made; or

(b)

for a payment blocking order that specifies any transaction, to a fine not exceeding $20,000 for each transaction specified in the blocking order but not blocked, up to a total of $500,000.

(7) It is not necessary to publish any payment blocking order in the Gazette.

—(1) Where the Authority, after receiving a complaint or on the Authority’s initiative, is satisfied that a person is participating or has participated in any unlawful remote gambling activity, the Authority may, after having regard to the matters referred to in subsection (4) —(a)

direct the MAS to give a financial institution a payment blocking order; or

(b)

give a financial transaction provider a payment blocking order.

(2) A payment blocking order given to a financial institution or a financial transaction provider in relation to a person’s participation in any unlawful remote gambling activity may order the financial institution or the financial transaction provider concerned —(a)

not to accept credit, or proceeds of credit, extended to that person;

(b)

not to accept any cheque, bank draft or similar instrument which is drawn by or in favour of that person;

(c)

not to make or accept any electronic funds transfer, or any funds transmission, to or from that person; or

(d)

to block payments, or otherwise prevent or prohibit transactions, generally where these use merchant category codes (or equivalents) customarily associated with gambling transactions.

(3) Where the Authority directs the MAS to give a payment blocking order under subsection (1)(a), the MAS must then give the financial institution concerned a payment blocking order.

(4) Before giving a direction or a payment blocking order under subsection (1), the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:(a)

whether, having regard to the content of the online location on which any bank account information is specified, that the bank account is used or is to be used to commit an offence under section 18, 20(1) or 34 or to publish a gambling advertisement about remote gambling in Singapore in contravention of section 85;

(b)

whether the merchant category codes (or equivalents) customarily associated with gambling transactions are used by credit card systems or other payment systems to determine if a transaction is or is likely to be related to any unlawful remote gambling activity;

(c)

whether the owner or operator of the online location on which any bank account information is specified demonstrates a disregard for the prohibitions and restrictions in this Act against remote gambling generally;

(d)

whether access to the online location on which any bank account information is specified has been disabled by orders from any court or competent authority of another country or territory on the ground of or related to remote gambling;

(e)

whether the online location on which any bank account information is specified contains guides or instructions to circumvent any measure, or any order of any such court or competent authority, to disable access to the online location on the ground of or related to remote gambling;

(f)

the volume of traffic at the online location by end‑users in Singapore;

(g)

the burden that the making of the payment blocking order will place on the financial institution or class of financial institutions, or the financial transaction provider or class of financial transaction providers;

(h)

the technical feasibility of complying with the payment blocking order.

(5) To avoid doubt, the Authority is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.

(6) A financial institution or financial transaction provider to which a payment blocking order is given under this section and which does not comply with the order shall be guilty of an offence and shall be liable on conviction —(a)

for a payment blocking order that specifies an account of any person who is participating or has participated in any unlawful remote gambling activity, to a fine not exceeding $20,000 for each transaction specified in the payment blocking order but not blocked, up to a total of $500,000 per account to or from which the transaction is made or to be made; or

(b)

for a payment blocking order that specifies any transaction, to a fine not exceeding $20,000 for each transaction specified in the blocking order but not blocked, up to a total of $500,000.

(7) It is not necessary to publish any payment blocking order in the Gazette.