Enforcement & Administrative Sanctions Act, 2025

(1) This Act may be cited as the Enforcement & Administrative Sanctions Act, 2025.

(2) This Act shall come into operation on such date as may be appointed by Order of the Minister responsible for finance and financial services (“the Minister”) and published in the Official Gazette.

In this Act, unless the context otherwise requires—

1. “Authority” means the Neves Licensing Authority established under the Neves Licensing Authority Establishment Act, 2025;
2. “Board” means the Board of the Neves Licensing Authority;
3. “competent body” means the Authority, NFSA, NGA or any other body designated under sovereign Act to exercise enforcement powers under this Act;
4. “enforcement action” means the use of powers, measures or sanctions under this Act or another sovereign Act overseen by the Authority;
5. “licensee” has the meaning given in the Licensing & Authorisation Act, 2025;
6. “sanction” means an administrative penalty, prohibition, direction or similar measure imposed under this Act or under another Act that refers to it.

(1) This Act shall be read together with and in addition to the Neves Licensing Authority Establishment Act, 2025, the AML / CFT & Financial Crime Prevention Act, 2025, the Licensing & Authorisation Act, 2025, the Market Conduct & Consumer Protection Act, 2025, the Complaints, Investigations & Enforcement / Redress Act, 2025, the NFSA Act and the NGA Act.

(2) Where another sovereign Act provides specific enforcement powers that refer to this Act, both shall be read harmoniously to give effect to their intentions.

Enforcement objectives include—

1. deterring misconduct and poor practices by licensees and individuals;
2. promoting a culture of compliance with sovereign Acts, Rules and Codes overseen by the Authority;
3. supporting fair outcomes for clients and counterparties; and
4. protecting the integrity and reputation of Neves as a well-supervised centre for financial and gaming activity.

(1) Enforcement actions shall be guided by principles of legality, proportionality, consistency and fairness.

(2) In particular, competent bodies shall:

1. base enforcement actions on clearly identified breaches or failings;
2. use measures that are proportionate to the seriousness of the conduct and its impact;
3. seek to apply similar approaches in similar cases, while retaining discretion for case-specific factors; and
4. respect the rights of affected persons to be heard and to seek review where provided by law.

(1) Findings from risk-based supervision and from the Complaints, Investigations & Enforcement / Redress Act, 2025 may be used as inputs for enforcement decisions under this Act.

(2) Supervisory interventions and informal engagement shall be considered before more severe measures are used, except where the seriousness or urgency of the matter requires immediate stronger action.

(1) A competent body may open an enforcement investigation where it has reason to suspect that a licensee, director, officer, employee or other relevant person may have breached an applicable enactment, Rule or Code.

(2) An investigation may be initiated based on supervisory findings, complaints, referrals from other authorities or any other credible information.

(1) For the purposes of an investigation, a competent body may require the production of documents and information relevant to the matter under review.

(2) Such requirements shall be reasonable, proportionate and clearly stated in writing, including timelines for response.

(1) Licensees and relevant persons shall cooperate with enforcement investigations conducted under this Act.

(2) Failure to cooperate may itself be considered when deciding on enforcement measures or sanctions.

(1) Competent bodies shall maintain appropriate records of investigative steps, findings and decisions.

(2) Information obtained during investigations shall be treated as confidential, subject to lawful disclosure for enforcement, cooperation or public-interest purposes outlined in this Act or another sovereign Act.

(1) Without prejudice to any stronger powers under other Acts, a competent body may impose administrative measures including—

1. written warnings or reprimands;
2. time-bound remedial action plans;
3. requirements to strengthen governance, systems or controls;
4. restrictions or conditions on certain activities, products or client types; and
5. public statements describing findings, where appropriate.

(1) A competent body may issue written directions to a licensee where it considers that such directions are necessary to protect clients, counterparties or the reputation of Neves, or to address identified weaknesses.

(2) Directions may cover matters such as product changes, business restrictions, communication with clients, or corrective steps for control deficiencies.

(1) In urgent cases, a competent body may adopt temporary measures without prior representations where delay could result in significant harm, provided that affected persons are given an opportunity to make representations as soon as practicable thereafter.

(1) Where a competent body is satisfied that a serious or repeated breach has occurred, it may impose an administrative financial penalty on the licensee or relevant person in accordance with limits and criteria set by Rules or Orders under this Act.

(2) In determining the level of a penalty, consideration may be given to—

1. the gravity and duration of the breach;
2. the benefit gained or loss avoided by the person concerned, where identifiable;
3. the degree of cooperation shown during the investigation; and
4. any previous enforcement history.

(1) In appropriate cases, a competent body may—

1. prohibit or suspend individuals from holding certain roles within licensees; or
2. recommend to the Authority that a license be varied, suspended or withdrawn under the Licensing & Authorisation Act, 2025.

(1) Where client detriment has been identified, a competent body may, in coordination with processes under the Complaints, Investigations & Enforcement / Redress Act, 2025, recommend or require licensees to implement redress schemes or restitution, where permitted by law.

(1) Before imposing a significant administrative penalty, prohibition or other major sanction, a competent body shall provide written notice to the person concerned, setting out—

1. the facts relied upon;
2. the proposed measure or sanction; and
3. the period within which representations may be made.

(1) Persons to whom a proposed sanction would apply shall have a reasonable opportunity to submit written representations and, where appropriate, to request an oral meeting.

(2) Competent bodies shall consider such representations in good faith before concluding the matter.

(1) Once a decision is taken, the competent body shall issue a written decision notice which—

1. describes the findings, measures or sanctions imposed; and
2. explains any available avenue for review or appeal under Neves law.

(1) A competent body may, where appropriate, settle enforcement cases by agreement, taking into account the need for effective deterrence and market confidence.

(2) Settlement terms may include admissions, remedial actions, penalties and public statements.

(1) Subject to applicable confidentiality and fairness considerations, a competent body may publish summaries of enforcement outcomes, including sanctions imposed and key reasons.

(2) Publication may be delayed or anonymised where necessary to avoid prejudicing ongoing proceedings or to protect the stability of Neves’ financial and gaming system.

(1) The Authority, NFSA and NGA shall coordinate their enforcement work where licensees operate across license families or sectors.

(2) Coordination may include joint investigations, aligned communications and consideration of combined measures across multiple Acts.

(1) Subject to applicable law, competent bodies may cooperate with domestic and foreign authorities by sharing information, coordinating enforcement actions and participating in international initiatives related to enforcement.

(1) Ongoing matters at the date of commencement of this Act may be continued under this Act or under prior frameworks, as specified by the Authority, to ensure fairness and legal certainty.

(1) The Minister may, on the recommendation of the Authority, make Rules or Orders for the better carrying out of the purposes of this Act, including but not limited to—

1. setting maximum levels for administrative financial penalties;
2. specifying criteria for determining sanctions and measures;
3. defining thresholds for publication of enforcement outcomes; and
4. establishing procedural details for settlements and decision notices.

Nothing in this Act shall limit any powers or obligations arising under the Neves Licensing Authority Establishment Act, 2025, the AML / CFT & Financial Crime Prevention Act, 2025, the Licensing & Authorisation Act, 2025, the Market Conduct & Consumer Protection Act, 2025, the Complaints, Investigations & Enforcement / Redress Act, 2025, the NFSA Act, the NGA Act or any other sovereign Act overseen by the Neves Licensing Authority.

This Act shall bind the State.