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  New betting regulation in Peru, here we explain point by point 




New betting regulation in Peru, here we explain point by point
Publicado: 2023-07-19

On 28 June, Peru’s president Dina Boluarte signed the country’s new gaming legislation into law. The law aimed to solve several problems with the previous legislation, Law No 31,557.

The law, which the previous president Pedro Castillo signed in August 2022, marked the long-awaited regulation of the country’s gaming sector. However, according to Felix, the law faced criticism from industry trade bodies for four principal failings. These were:

 

1. The potential high cost of retail licences

2. The lack of clarity on offshore tax

3. The mandatory use of the .bet.pe domain

4. Too short a time period outlined for the sector to adopt the law

 

Starting from scratch

As a result, the new version of the law took steps to rectify these failings.

The law itself resulted from of a robust set of discussions between multiple stakeholders, which included gaming trade associations, multiple government departments, trade unions and civil society.

 

Jonathan Felix, gaming consultant and CEO of Global Business Company de Perú

 

Felix says that Peru’s gambling regulator – the Ministry of Foreign Trade and Tourism (MINCETUR) – also “called on all national and international stakeholders to review the document and deliver suggestions”, with the responses totalling more than 700.

This was an unprecedented event in the history of public consultation, in terms of the preparation of the technical regulation of a law of the sector,” he says.

High cost of retail licences

Under Law No 31,557, operators looking to offer gambling in Peru were given two options for licences. Retail betting operators could apply for the first type of licence, with the second being an online-exclusive licence.

According to this initial law, a retail licence would cost Sol24,750 (£5,300/€6,300/$6,700) per shop. In comparison, the total cost for an online licence topped £215,000. The gaming sector objected to this because large retail betting operators in Peru would be expected to pay a much higher total licence fee than an online operator.

As a result, the new law eliminated the retail licence, instead creating a single online licence. Lawmakers decided to triple the cost for the new unified licence type to £645,000.

Felix says that in Peru, licence fees are not one-time costs. Rather, they are a bank letter guarantee presented to the government. The guarantee functions like a deposit.

This is meant to ensure operator compliance with the licence’s terms and conditions. The money will ultimately be returned to the operator if it chooses to exit the market.

Felix highlights that Peru’s gambling market – in line with Latin America as a whole – operates largely in an omnichannel fashion.

We can conclude that in the next 10 years, this model will be maintained,” he says. “But sales could concentrate 85% on the online channel and 15% on the retail channel.”

Lack of clarity on tax

The industry had also voiced concerns regarding the lack of clarity on what tax burden offshore operators would face.

The original version of the law said that operators with a headquarters in Peru would face a 12% tax on revenue. However, it was not clear whether foreign operators would be subject to the same tax.

The new regulations aimed to clear up this ambiguity by establishing a single 12% point-of-consumption tax for all businesses offering their services in Peru, no matter where they were based.

Operators already active in the market also objected to the mandatory use of the .bet.pe domain address. Felix says they did so because this would have “commercially affected the change in domain of platforms that were in operation at the time”.

Consequently, the new regulations broaden the rules to allow authorized platforms to use any of the following domains – .bet.pe, .bet, .com.pe, .com or .pe.

Short period for adoption

The final reason Peru opted to change its gambling regulations concerned the length of time operators would have to acquaint themselves with the new law – 60 days.

Under the law, this deadline kicked in as soon as MINCETUR finalised the law’s technical regulations. Felix says this time period was “in practice, very short”.

The new rules subsequently included a provision doubling the adoption period to 120 days.

Other provisions of law

But the new legislation didn’t exist to solely fix past errors or controversies. New elements include a mandatory requirement for know-your-customer (KYC) checks on customers. Additionally, only licensed operators are permitted to sponsor sporting events or partner with athletes.

The law amends Peru’s criminal code and criminalises the act of conducting offshore gambling operations without a licence. This is punishable by up to four years in prison.

New horizons

According to Felix, the new rules – alongside the prospect of robust gaming regulation – are a positive development for the gaming sector in Peru.

It put Peru in the global interest, as one of the seven attractive markets in the LatAm region along with Brazil, Mexico, Argentina, Colombia, Venezuela and Chile,” he says. “The maturity of the market is evident.

We hope that this law will promote greater growth and consolidation of the Peruvian market in the coming years.”

For Felix, the well-thought-out nature of the new rules resulted from the government engaging many prominent stakeholders in the reform process.

There was a broad and active participation in the discussion and debate of the draft amendment of this law and the technical regulations,” said Felix.

The final result of this law reflects this hard work and participation.”

 

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Brazilian Ministry of Finance prevents sports betting regulation from becoming a tax war. 

New betting regulation in Peru, here we explain point by point

The Ministry of Finance has announced that it will promote the edition of approximately twelve regulatory decrees in relation to the law that regulates sports betting in Brazil. This measure aims to reinforce that regulation is ongoing and that, at this time, it cannot be subject to sanctions by states.

 

This is the Brazilian bettor... more and more there are women who bet.

 

The team of Minister of Finance, Fernando Haddad, has committed to delivering the complete regulation in the near future. This document will include standards for issuing state licenses so that they do not interfere with federal licenses.

 

 

Concern has also been expressed about establishing a supervisory system to prevent attempts at tax fraud. In addition, cases of locally licensed betting houses that allow betting on games in the rest of the country will be observed. In Rio de Janeiro, Loterj has implemented a system that requires a declaration of address by the bettor.

 

Betting was regulated at the end of 2023 and is in the process of implementation. Initially, 134 companies expressed prior interest and, as a result, will have priority in licenses and concessions.

 

The law, sanctioned at the end of December, brought more clarity to the scenario. The government, after pressure and reports of fraud, acted to regulate the market. Thus, with the creation of the National Gambling and Betting Secretariat and the projection of significant revenue, the sports betting market in Brazil is about to enter a new phase. Therefore, the measures taken by the government aim to not only regulate but also ensure integrity and safety in this expanding sector.






This is the Brazilian bettor... more and more there are women who bet. 

New betting regulation in Peru, here we explain point by point

More and more women are encouraged to join online betting. 16.8 percent of the respondents were female, while 82.6 percent were men. The remaining 0.6 percent declared themselves to be "Non-binary." This means that out of every six bettors, one is a woman, which shows how the female presence is very representative in this scenario.

 

 

As the study highlights, the growing participation of women in this industry must lead to some changes to enhance this reality and how to understand the role of women:

 

Advertising actions must also be aimed at women. In addition to being a very statistically relevant audience, it can generate more empathy and connection with the brand.

Women also like sports. Another natural consequence of these figures is that not only men like sports, but also women. In parallel, there is a growth in the audience for women's sports, which may be in line with the interest.

Regarding the average age, 36 percent of bettors are between 30 and 39 years old. 30 percent are between 21 and 29 years old; 19 percent from 50 to 59 years old and 9 percent from 18 to 20 years old.

62 percent of the respondents are single, while 33 percent are married, and the remaining 5 percent are divorced or widowed.

41 percent of bettors bet 2 to 4 times a week, 19 percent do it once a week. The remaining 60 percent do it more than five times a week. • The preferred sport for betting is soccer, chosen by 85.7 percent of those surveyed. Other relevant ones are basketball (14.3 percent), e-sports (4.6 percent) and tennis (3.5 percent).






The current president of Coljuegos could be investigated for illegal campaign financing. 

New betting regulation in Peru, here we explain point by point

In an inspection carried out by the Attorney General's Office of the Nation at the facilities of the Colombian Federation of Education Workers (Fecode), a union that represents unionized teachers in Colombia; Indications were found that compromise illegal financing and diversion of funds for Gustavo Petro's campaign, of which the current president of Coljuegos was aware. The Prosecutor's Office does not investigate the violation of limits but rather the use of illicit sources for financing, an autonomous crime provided for in Law 1864 of 2016.

 

 

Ineffectiveness and politicization of Coljuegos is leading to bankruptcy of casino operators in Colombia.

 

 

Hincapié is part of the board of directors of Colombia Humana. However, he declared himself surprised when they asked him about the request to testify before the CNE( Consejo Nacional Electoral ,name in Spanish)

 

 

 

'I know nothing.'

 

And why are they going to summon me? I don't know anything; they haven't notified me of anything. Until I am notified, I cannot give any statement on the subject, it would be irresponsible on my part,” said Hincapié from London where he is attending the Gaming Fair, invited by sports betting companies.

 

Sources close to the party say that it was he who designed the payment scheme for electoral witnesses and the contract with the firm Ingenial Media SAS. “for the implementation of the comprehensive electoral control scheme, “after the elections of May 29, 2022.”






Street machines or Skill games in Colombia, Coljuegos issues a new resolution to make them work. 

New betting regulation in Peru, here we explain point by point

Surprisingly and without the legal procedures, Coljuegos has published Resolution 20241200001824 that authorizes the entry into operation of MET's that operate illegally and that cannot comply with the minimum requirements required by it.

 

President of Coljuegos Marco Emilio will open the door to money laundering in the gaming industry?

 

Met's de Paz (Electronic machines for peace) , is the name that Coljuegos has given to the aforementioned resolution and which suggests to whom the benefit is directed; The nervousness of the Luck and Chance Games industry in general is evident due to the influx of capital resulting from extortion, micro-trafficking and other criminal modalities that at this time profit, among others, from illegal gambling and which has the expected space in this resolution. to legalize.

 

Only two days before, its president Marco Emilio suspended the SCLM+ process arguing that “…its primary objective is to improve the image of the sector and build trust in the financial system, for which he considers it necessary to have technological tools that are under the trends demanded by the market and in line with international standards that allow providing greater guarantees and security in terms of transactions carried out through its information systems….” It is clear that the gaming elements that currently operate on the street do not have the minimum transmission requirements and it is contradictory since they should comply with the standard cited in resolution 20211200034224 of 2021 and its annex of technical requirements electronic slot machines of 22/ 11/2021.

 

“MET's for Peace” has decreased the minimum number of elements for the contract to 80, has increased the highest prize in the case of interconnected ones to 392 UVT and will have a minimum return percentage of 82.5%.

 

A novel aspect is the way in which taxes are collected, where the operator undertakes to make a single payment equivalent to 5 days of the legal minimum wage in force at the time of entry into operation of each MET.

 

 






Peruvian Sports betting: The fight to attract online players officially begins this February 10th. 

New betting regulation in Peru, here we explain point by point

The regulations are contained in Supreme Decree 005-2023-Mincetur, which will come into force as of February 9, 2024. After the approval of the regulation, casino operators have 120 days to comply with the new regulations and register their businesses with The authorities. Active online operators have a period of one month, from February 10 to March 10, 2024, to register. Failure to comply with the regulations during this one-month period will result in a fine of S/742,500 to S/990,000.

 

 

Failure to comply will also lead to criminal action by the government.

 

«The norm will allow the Peruvian State to collect about S/162 million annually, to be invested in the reactivation of tourism, tourist infrastructure works, promoting sports and attending to mental health programs; We also make it clear that it will not affect betting and the payment of prizes," said Juan Carlos Mathews, Minister of Foreign Trade and Tourism of Peru.

 

 

Peru: Project to sanction party manipulation goes to the Congressional Justice Commission

 

Once the new gaming regulations are implemented, and casino establishments have formally registered, online casino players will finally be able to enjoy slot games with their preferred themes. The regulatory standard aims to guarantee that the exploitation of these activities is carried out in a transparent, honest, and upright manner.

 

New betting regulation in Peru, here we explain point by point

 

Furthermore, another of its purposes is to ensure and protect vulnerable populations through control measures and responsible gaming policies.

 

Responsible gaming policies

 

Lines of Action for Responsible Gaming In addition to the mandatory policies and procedures, betting sites must promote the lines of action that I show you below.

 

Important: Betting houses that do not promote responsible gaming guidelines and establish voluntary exclusion procedures will be fined a total of 50 UIT up to 150 UIT.

 

 

Sensitization Raise awareness and inform the population about the characteristics of pathological gambling and its risks. In addition, a call is made to disseminate preventive measures and the availability of access to free treatment of assistive devices. Prevention Implement actions aimed at educating and raising awareness about responsible gaming behaviors, with the aim of minimizing risks and guaranteeing the protection of vulnerable groups.

 

 

Also, it is requested to promote healthy play in children, adolescents and the elderly through the creation of recreational spaces. Guidance and Assistance Guarantee access to information and interdisciplinary treatment of gambling addiction through different assistance devices. Investigation Develop lines of research in relation to the expansion of gaming and new modalities that arise as a result of market advances.

 

Likewise, the studies carried out on the prevalence of pathological gambling and the behavior of gamblers must be further explored.





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