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Lex Mundi Global Gaming Law Guide 2017 Lex Mundi Global Gaming Law Guide 2017 i ii Lex Mundi Global Gaming Law Guide 2017 iii First published in May 2017 by Inside Asian Gaming, a subsidiary of O MEDIA Limited. www.asgam.com www.omediamacau.com Copyright © 2017 Lex Mundi and Inside Asian Gaming. All rights reserved. No part of this book may be reproduced in any manner without written permission except in the case of brief quotations included in critical articles, reviews and references. For information, please contact the publisher. First edition, first printing, May 2017. Published and printed in Macau. ISBN 978-99965-316-0-6 iv Contents About this Guide vii About Lex Mundi ix Africa – Angola 2 – Mozambique 10 Asia – Cambodia 20 – Guam 28 – India 36 – Japan 46 – Korea 52 – Macau 60 – Malaysia 70 – Northern Mariana Islands 82 – The Philippines 92 – Singapore 108 Europe – Ireland 116 – Malta 128 – Poland 142 – Portugal 152 – Romania 162 – United Kingdom 178 North America – Canada 186 – USA, Alabama 198 – USA, Connecticut 206 – USA, Massachusetts 216 – USA, Mississippi 226 – USA, Nevada 238 – USA, New Jersey 250 South America – Brazil 260 About the Publisher 269 v vi About this Guide Around the world, businesses and participants face legal issues in the gaming/gambling indus- try that affect a number of representatives including operators, software developers, payment services providers, advertisers, equipment vendors, agents and intermediaries, and punters. The Lex Mundi Global Gaming Law Guide will provide a better understanding of the laws gov- erning gaming in key jurisdictions. The information is contributed by Lex Mundi member firm lawyers who specialize in the practice of gaming law and are regularly called upon to advise their clients on such matters. Items addressed in the guide include the following: • What is prohibited or regulated gambling • How the advertising and promotion of gambling is regulated • The effect of legislative prohibitions outside the territory of enactment • Whether licenses are available to conduct gambling activities and if so, on what terms • Whether there are any restrictions to the use of hardware or software for gambling purposes • How gambling revenue is taxed • The applicability and requirements of anti-money laundering laws to gambling transactions • The enforceability of gaming debts The Lex Mundi Gaming Law Practice: The gaming industry is and continues to be a complex, highly regulated industry. With the continued growth of business and investment opportunities around the globe, clients need to navigate current and emerging regulatory and jurisdictional issues that may impact their busi- ness strategies and tactics. The Lex Mundi Gaming Law Practice reflects the connected, on-the ground and in-depth ex- perience that the Lex Mundi network of independent law firms is recognized for worldwide. Through close collaboration and information-sharing, the lawyers in the Lex Mundi Gaming Law Practice are able to meet the challenges faced by clients in the gaming industry in both mature and developing markets. vii Access this Guide Online Users of the guide can access an online interactive version of the Lex Mundi Global Gaming Law Guide at http://www.lexmundi.com/GlobalGamingLawGuide. The interactive guide allows for a country report and a comparison report between two or more jurisdictions to be viewed and downloaded. If you have any questions about this guide or would like more information about Lex Mundi and its worldwide network of member firms, please contact Edwin Seah, Head of Business Devel- opment and Strategy, Asia/Pacific, Lex Mundi ([email protected] | Tel: +65.938.222.79). Please note that the information in this publication is not intended to represent a comprehen- sive guide nor formal legal advice on the matters covered but rather to provide a general over- view on the subject. It should only be used as an indication. Any required legal advice should always be sought from the appropriate Lex Mundi member law firm. viii About Lex Mundi Lex Mundi is the world’s leading network of independent law firms with in-depth experience in 100+ countries. Lex Mundi member firms offer clients preferred access to more than 21,000 lawyers worldwide – a global resource of unmatched breadth and depth. The Lex Mundi principle is one independent firm for each jurisdiction. Firms must maintain their level of excellence to retain membership within Lex Mundi. Each member firm is selected on the basis of its leadership in – and continued commitment to – its local market. Through close collaboration, information-sharing, training and inter-firm initiatives, the Lex Mundi network is an assurance of connected, on-the-ground expertise in every market in which a client needs to operate. Working together, Lex Mundi member firms are able to seamlessly handle their clients’ most challenging cross-border transactions and disputes. Lex Mundi member firms are located throughout Europe, the Middle East, Africa, Asia and the Pacific, Latin America and the Caribbean, and North America. Through our nonprofit affiliate, the Lex Mundi Pro Bono Foundation, members also provide pro bono legal assistance to social entrepreneurs around the globe. Lex Mundi – the law firms that know your markets. Find out more about Lex Mundi at: www.lexmundi.com. ix Africa Angola 2 Angola Legal Circle Advogados A member of the MLGTS Legal Circle, in association with Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lex Mundi member firm for Portugal Masuika Office Plaza Edifício MKO A, Piso 5, Escritório A Talatona, Município de Belas Luanda Angola Contact Phone +244 222 441 935 Irina Ferreira http://www.angolalegalcircle.com/ [email protected] Gaming Law Practice Angola Legal Circle Advogados (ALC Advoga- Irina Neves Ferreira, Partner dos) is one of the members of the MLGTS Legal [email protected] Circle, an international network created by Morais Leitão, Galvão Teles, Soares da Silva & Associados João Francisco Cunha, Consultant (MLGTS) for a selected set of jurisdictions, including [email protected] Angola, Mozambique and Macau (China). Our firm is recognised for the quality of the legal services we provide and the professional rigour of our team, as well as, in particular, for the innovative solutions we present, which are determining factors in a market in permanent evolution such as Angola. MLGTS Legal Circle – Gaming Law Practice: with leading offices in Portugal, Macau, Angola and Mozambique, the Gaming Law Practice of the MLGTS Legal Circle is in a unique position to advise gaming sector clients throughout the Portu- guese speaking world. 3 Angola 1. What is “gaming” or “gambling” defined as? What elements of a game constitute gambling? Gambling is defined in the Gambling Activities Law (GAL, Law 5/16 of 17 May 2016) as an activity in which an individual risks money or money’s worth in a contingent outcome that depends exclusively or predominantly on the player’s luck, allowing for a transfer of values amongst the participants to such activity. 2. Is gambling legally allowed in any form? If so, what types are allowed and briefly de- scribe how each is defined and the requirements for each. List examples of existing li- censed gaming operators. Only forms of gambling that have been regulated are allowed. All other forms of gambling are prohibited. The legislation regulating gambling provides for four main types of gambling services: • Games of chance – a game of chance is defined as a casino game, in the form of table game or of gaming machine, in which an individual risks money or money’s worth in an outcome that is contingent as it depends exclusively or predominantly on the player’s luck; • Social games – a social game is defined as a wager placed outside a casino, where punters are offered the chance to win a prize in money or money’s worth, based on the contingent outcome of an event, associated or not with certain skills or knowledge, such as a sports event, a horse race, a raffle, a competition or other similar activities; • Remote online games – remote online games are defined as games of chance, sports bets or other games and wagers in which equipment or systems that allow the remote generation, storage and transfer of documents, data and information, are used to conduct such games by electronic, telematics or interactive means; • Lotteries – lotteries are defined as such games where a punter wages money or money’s worth in the context of an operation exclusively based on chance by purchasing num- bered tickets or tickets with certain representations, by forecasting the outcome of a draw or of certain events or competitions for the chance to win one or more prizes in money or money’s worth. According to information publicly available, existing operators that are licensed to offer gaming services in Angola include: • Casinos de Angola, which operates games of chance in several casino locations across Angola; • Empresa Nacional de Lotarias de Angola (National Lottery Company of Angola).” 4 Lex Mundi Global Gaming Law Guide 2017 3. What legislation impacts upon gambling activity? Does it allow or forbid gambling? Gambling in Angola is allowed when pursued in one of its regulated forms, through a duly au- thorized operator. The main legislation regulating gambling is the following: • Gambling Activities Law (GAL, Law 5/2016) – sets out the legal framework for the com- mercial operation of different gambling services, in particular the operation games of chance in casino; • Presidential Decree 290/14 – approves the creation and governs the functioning of the Gambling Supervision Authority (GSA); • Decree 39-K/92 – sets out the monopoly granted to the National Lottery Company of An- gola over the offering of lotteries, raffles, lotto (quino), bingo and sports betting.” 4. Are gambling licenses available? If so, what types, and what is the process to obtain a license? To operate casino gambling services in Angola, a private entity must be awarded a conces- sion contract by the government.
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