הוראות המחוקק האמריקני לאכיפת איסור הימורים בלתי-חוקיים באינטרנט בארה"ב אוסרות על בנקים וחברות אשראי לקבל תשלומים עבור אתרי הימורים וקובע סנקציה פלילית למי שיפר אותה.
הוראות אלה שולבו בחוק אחר SAFE Port Act H.R.4954 העוסק בתחום המשפט הימי.
ההוראות הרלוונטיות נמצאות בסימן
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT .
רוצים לקרוא עוד על הימורים באינטרנט? כנסו.
SAFE Port Act (Enrolled as Agreed to or Passed by Both House and Senate)
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the `Unlawful Internet Gambling Enforcement Act of 2006`.
SEC. 802. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT INSTRUMENT FOR UNLAWFUL INTERNET GAMBLING.
(a) In General- Chapter 53 of title 31, United States Code, is amended by adding at the end the following:
`SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING`
Sec. 5361. Congressional findings and purpose
`(b) Rule of Construction- No provision of this subchapter shall be construed as altering, limiting, or extending any Federal or State law or Tribal-State compact prohibiting, permitting, or regulating gambling within the United States.
`Sec. 5362. Definitions
`(A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;
`(aa) on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or
`(bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.
`(3) DESIGNATED PAYMENT SYSTEM- The term `designated payment system` means any system utilized by a financial transaction provider that the Secretary and the Board of Governors of the Federal Reserve System, in consultation with the Attorney General, jointly determine, by regulation or order, could be utilized in connection with, or to facilitate, any restricted transaction.
`(4) FINANCIAL TRANSACTION PROVIDER- The term `financial transaction provider` means a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local payment network utilized to effect a credit transaction, electronic fund transfer, stored value product transaction, or money transmitting service, or a participant in such network, or other participant in a designated payment system.
`(7) RESTRICTED TRANSACTION- The term `restricted transaction` means any transaction or transmittal involving any credit, funds, instrument, or proceeds described in any paragraph of section 5363 which the recipient is prohibited from accepting under section 5363.
`(9) STATE- The term `State` means any State of the United States, the District of Columbia, or any commonwealth, territory, or other possession of the United States.
`(A) IN GENERAL- The term `unlawful Internet gambling` means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.
`(A) CREDIT; CREDITOR; CREDIT CARD; AND CARD ISSUER- The terms `credit`, `creditor`, `credit card`, and `card issuer` have the meanings given the terms in section 103 of the Truth in Lending Act (15 U.S.C. 1602).
`(C) FINANCIAL INSTITUTION- The term `financial institution` has the meaning given the term in section 903 of the Electronic Fund Transfer Act, except that such term does not include a casino, sports book, or other business at or through which bets or wagers may be placed or received.
`Sec. 5363. Prohibition on acceptance of any financial instrument for unlawful Internet gambling
`No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful Internet gambling--
`(2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person;
`(4) the proceeds of any other form of financial transaction, as the Secretary and the Board of Governors of the Federal Reserve System may jointly prescribe by regulation, which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of such other person.
`Sec. 5364. Policies and procedures to identify and prevent restricted transactions
`(a) Regulations- Before the end of the 270-day period beginning on the date of the enactment of this subchapter, the Secretary and the Board of Governors of the Federal Reserve System, in consultation with the Attorney General, shall prescribe regulations (which the Secretary and the Board jointly determine to be appropriate) requiring each designated payment system, and all participants therein, to identify and block or otherwise prevent or prohibit restricted transactions through the establishment of policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the acceptance of restricted transactions in any of the following ways:
`(b) Requirements for Policies and Procedures- In prescribing regulations under subsection (a), the Secretary and the Board of Governors of the Federal Reserve System shall--
`(1) identify types of policies and procedures, including nonexclusive examples, which would be deemed, as applicable, to be reasonably designed to identify and block or otherwise prevent or prohibit the acceptance of the products or services with respect to each type of restricted transaction;
`(2) to the extent practical, permit any participant in a payment system to choose among alternative means of identifying and blocking, or otherwise preventing or prohibiting the acceptance of the products or services of the payment system or participant in connection with, restricted transactions;
`(3) exempt certain restricted transactions or designated payment systems from any requirement imposed under such regulations, if the Secretary and the Board jointly find that it is not reasonably practical to identify and block, or otherwise prevent or prohibit the acceptance of, such transactions; and
`(4) ensure that transactions in connection with any activity excluded from the definition of unlawful internet gambling in subparagraph (B), (C), or (D)(i) of section 5362(10) are not blocked or otherwise prevented or prohibited by the prescribed regulations.
`(c) Compliance With Payment System Policies and Procedures- A financial transaction provider shall be considered to be in compliance with the regulations prescribed under subsection (a) if--
`(d) No Liability for Blocking or Refusing To Honor Restricted Transactions- A person that identifies and blocks a transaction, prevents or prohibits the acceptance of its products or services in connection with a transaction, or otherwise refuses to honor a transaction--
`(3) as a designated payment system or a member of a designated payment system in reliance on the policies and procedures of the payment system, in an effort to comply with regulations prescribed under subsection (a),