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Positive Signs FEATURES REGIONAL FOCUS: UKRAINE POSITIVE SIGNS Andrey Astapov, managing partner at Eterna Law in Kyiv and member of the Expert Advisory Council of the Gambling and Lottery Regulation Commission of Ukraine, speaks here about optimism gaining momentum in the country as the gambling market moves towards legalisation The New Year in Ukraine starts with great So why is the Ukrainian market promised search for new markets to expand their news for the gambling industry. On 21 to be so advantageous to foreign investors? business activity. December, 2020, the Ukrainian government Let us briefly explain the reasons and the Such rapid development of online has officially approved the licensing current legal status of Ukrainian gambling gambling is currently prompting huge conditions that dictate specific rules and in this overview. The focus is going to be market interest exactly to this sphere requirements for each gambling product. exactly on the benefits that accompany of Ukraine’s legalised gambling. At the Their approval takes the Ukrainian the legalisation and, of course, on some same time, land-based gambling should gambling market to the final move within important legal requirements to be kept in be of no less interest for a potential the whole legalisation process. And this mind while considering the expansion of investor. In recent years, Ukraine’s tourist means that the Gambling Commission is the gambling business to Ukraine. attractiveness has noticeably increased. ready to start accepting license applications. The beneficial position of being at the Expectations for the market have always BIG OPPORTUNITIES OF THE centre of Eastern Europe, moderate prices been high. Having previously estimated UKRAINIAN RE-EMERGED MARKET for accommodation and leisure activities, the market potential, many established The global gambling market demonstrates as well as the authentic culture are among international operators already announced gradual but significant growth each year, those factors that define Ukraine’s favorable their intent to apply for licenses as soon as especially its online sector. The pandemic image for tourists. the possibility arises. So, the first gambling has only accelerated such trends. Internet Apparently, the new Ukrainian gambling operators will start filling the market in the gambling experienced a real boom due to market unfolds incredible possibilities coming months. Covid-19, and many well-known operators for investment and development. And 50 GAMBLINGINSIDER.COM REGIONAL FOCUS: UKRAINE FEATURES this applies to both online and offline Separately, it’s worth singling out the B2B gambling. As Covid-19 will start to slow license that allows Ukrainian legal entities “As Covid-19 will down, experts expect the real revival of to supply gambling software to national the tourism sector in Ukraine. So any operators and also abroad. In the meantime, start to slow down, investments in land-based casinos, betting, when it comes to the lottery, unlike in and slot halls are about to bring considerable some other jurisdictions, it does not belong experts expect the revenues in the years to come. to gambling activities in Ukraine. It’s left real revival of the outside the scope of the gambling law and WHAT GAMBLING PRODUCTS HAVE is regulated by another legal act. tourism sector in BEEN LEGALISED IN UKRAINE The Ukrainian gambling law legalises all HOW TO ENTER THE UKRAINIAN Ukraine. So any well-known gambling products, though MARKET: REQUIREMENTS FOR dictates strict rules for the organisation THE OPERATOR investments in of each. Casinos, betting, and slot halls The Ukrainian gambling market will are included in the list of legalised land-based be equally accessible for all foreign and land-based casinos, gambling products. All of the mentioned national operators. One of the main goals might be carried out only in special of legalisation was to stimulate the flow betting, and slot gambling zones. The definition of a special of foreign investment to the country. As a gambling zone is specified in detail below result, identical transparent conditions are halls are about to and usually means the territory of hotels prescribed for all operators. So what things meeting the requirements of the should the potential investor consider while bring considerable gambling law. planning to organise gambling in Ukraine? Following the example of other First of all, any gambling activity might revenues in the jurisdictions, the full range of online be carried out by a legal entity registered gambling is now also allowed in Ukraine. in Ukraine. Second, the operator shall years to come” This includes online casinos, online betting reasonably estimate its financial capacity. and online poker. With online gambling The amount of the authorised capital, the booming in recent years, it provides a bank guarantee for the payment of winning perfect alternative for gambling at physical to players, and the fee for a license are the premises. Notably, the gambling law figures to keep in mind while applying prescribes one license for both types of for a license. To be more specific, the A huge advantage here is that money from betting, meaning that a betting operator minimum amount of the authorised capital the paid-up capital might be used for any might carry out land-based and online is approximately €860 931. The bank other purposes and at the full discretion betting on the basis of the same license. guarantee is plus approximately €1,239 741. of the operator. Third, there is also a range of requirements that might be grouped as organisational and reputational. For example, any relationship with Russian legal entities or citizens is strictly prohibited. The same prohibition also applies to countries classified by the FATF group as those violating the anti-money laundering legislation. Besides that, there are, of course, many other requirements. For example, all major officials of the legal entity must have an ideal business reputation. IMPORTANT SPECIFIC REQUIREMENTS FOR CERTAIN TYPES OF GAMBLING Once the operator complies with all general requirements, it shall also satisfy all specific requirements defined by the gambling law for each gambling product. For example, all operators must have an online system that ensures the collection of data on accepted bets, payment of winnings, and all other data related to the gambling operation. But, usually, most specific requirements will depend on the type of gambling product. For example, operators planning to engage with online gambling should have a website with a ua. domain. As for Andrey Astapov the land-based typed of gambling, GAMBLINGINSIDER.COM 51 FEATURES REGIONAL FOCUS: UKRAINE such operators will be obliged to have to the Gambling Commission and have premises that comply with the minimum 15 days for consideration. “With online gambling requirements established by the gambling law. Then the Gambling Commission can Requirements for casinos’ premises are either grant or refuse to issue the license. booming in recent tight to guarantee the safety of players and Luckily, there is no restriction to resubmit visitors. Any casino might be opened only the application by the same legal entity as years, it provides a in a 5-star hotel with at least 150 rooms many times as deemed necessary. As for the in Kyiv and a 4 to 5-star hotel with 100 list of documents, it’s determined by the perfect alternative for rooms in other cities, a 5-star suburban gambling law and might be, additionally, gambling at physical leisure center with 10,000 square meters, specified by the licensing conditions. or in special gambling zones created by Documents will differ depending on the premises. Notably, the Cabinet of Ministers of Ukraine. There type and form of a gambling product. is also an option to agree an investment the gambling law project with the government of Ukraine FEES AND DURATION OF THE following an individual procedure. In this GAMBLING LICENSES prescribes one license case, the requirements for the premises The gambling law sets out different fees for will not apply. each license. As all licenses are issued for five for both types of Regulation for the location of a betting years, the general fee should be divided into shop and a slot hall is similar. It must be a five equal parts that are to be paid annually. betting, meaning that 3, 4 or 5-star hotel with at least 50 rooms in For example, the annual installment for Kyiv and 25 rooms in other cities. But for the land-based casino license in Kyiv is a betting operator betting, the gambling law also prescribes €2,066,234, and, in other cities, €1,033,117. the possibility to organise sports betting Notably, one license will allow establishing might carry out at racetracks. only one land-based casino. An operator will also have to pay extra for gambling land-based and online GENERAL OVERVIEW OF THE equipment: €15,496 for each gaming table, LICENSING PROCEDURE €30,132 for a roulette wheel, and €1033 for betting on the basis The licensing process is rather fast. If an a slot machine. These are the subsidiary operator satisfies all the requirements of the licenses issued for one year. of the same license” gambling law, it prepares and submits the For the betting license, an operator must full package of documents to prove such pay €1,033,117 annually. As already noted, compliance. All applications are submitted such a license will cover both online and land-based betting but an operator will have to pay, additionally, €5,165 for each betting shop. For the slot machine hall, an operator must pay €258,279 annually, and besides that, €1033 for each slot machine per year. The license fee for online casino is €223,842 annually, and for online poker is €172,186 annually. And, finally, the B2B license costs €51,655 for five years.
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