Kahnawake's U.K. Whitelisting Request Fails

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Friday, January 11, 2008 mgowanbo.cc 博彩518博客和论坛

British Gambling Commission admits Tasmania but rejects Canadian First Nation and the Antiguans

The latest newsletter from Britain's Gambling Commission carries the news that the Canadian First Nation enclave of Kahnawake, licensing jurisdiction and server home for hundreds of online gambling companies, will not be white-listed for purposes of advertising in the UK.

No specific reason for the rejection is given, but the Mohawks of Kahnawake have been the target of player criticism regarding poor communications for years, and the jurisdiction has made some controversial judgements in its time. Antigua has similarly been accused of poor response levels to complaints from players, and has been centre stage for some time in the industry due to its public WTO dispute with the United States.

Reporting the rejection, the newsletter merely advises: "After careful assessment of their representations against the published criteria, the Secretary of State has also decided not to whitelist Kahnawáke (Canadian reservation) or Antigua."

The good news was for the Tasmanian government, as the UK government's Department of Culture, Media and Sport confirmed that Tasmania will be added to the ‘Whitelist’ of countries or jurisdictions allowed to advertise remote gambling in the UK as if it were an EEA state.

This decision follows a reconsideration of Tasmania’s application after the introduction of amending legislation to their tax regime.  A full assessment of their application was made to ensure it met the Government’s ‘Whitelisting’ criteria published in January 2007.  

Regulations have been laid in Parliament and will come into effect in 21 days time on 31 January 2008.  After this date, gambling operators licensed in Tasmania will be able to advertise their remote gambling services in the United Kingdom.

The States of Alderney and the Isle of Man are the only two other jurisdictions to have previously been added to the whitelist.  An announcement was made on this decision in August 2007.

The effect of these decisions is that only gambling operators licensed in EEA countries (including Gibraltar and Malta), Alderney, Isle of Man or Tasmania can lawfully advertise gambling in the UK.

The decision will undoubtedly cause online companies licensed by Antigua and Kahnawake to reconsider their position and perhaps join the trend which emerged last year whereby companies switched licensing to EEA jurisdictions.

中文报道：
两大博彩区申请广告白名单被拒

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Kahnawake Unhappy With Whitelisting Bar

Wednesday, January 16, 2008 mgowanbo.cc

Mohawks mull action under the United Nations Declaration on the Rights of Indigenous Peoples

A strong reaction from the Mohawk Council of the Kahnawake was perhaps inevitable following its exclusion, along with Antigua, from the UK governments Department of Culture Media and Sport whitelist of online gambling companies welcome to advertise in Britain.

For the Kahnawake Gaming Commission the exclusion was deeply disappointing, given the large number of online gambling companies hosted and licensed by the Canadian First Nation enclave close to Montreal. The possibility that at least some of these companies may choose a more UK friendly jurisdiction will no doubt have crossed the Mohawks' minds.

Grand Chief Michael Ahríhrhon Delisle, Jr. has now made a statement expressing his disappointment, emphasising what he describes as Kahnawake's "...long-standing reputation as the world leader in Internet  regulatory compliance and enforcement" and contrasting that with recently whitelisted Tasmania, "....which has no such history."

“Despite having been the first jurisdiction to accept and implement the world-recognized eCOGRA standard, the implementation of a mandatory continuous compliance policy, and our consistent enforcement of what may very well be the world’s most stringent due diligence program, our name has not been added to the U.K.’s exclusive white list,” he continued.

“Kahnawake has concerns regarding the process undertaken by the U.K. authority and has initiated inquiries to ascertain whether the application was afforded fair and objective consideration, which at this point, we do not believe was the case."

Delisle feels that the DCMS decision may be in direct conflict with the commitments made in the United Nations Declaration on the Rights of Indigenous Peoples, to which the UK was a signatory in September, 2007, and is seeking advice on potential recourse against the UK under Article 20 of the Declaration, which states:

"Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities," and "Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress."

Chief Delisle said that despite the setback, the Mohawks of Kahnawake will remain committed to regulatory enforcement of the Internet gaming industry to ensure an environment where fairness, integrity and player protection are paramount.