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LEGAL DEVELOPMENTS IN ASIA PACIFIC September 2016 Special announcement: Allen Godfrey - Gaming Regulator of the Year p.08 MACAU New measures for money laundering prevention p. 15 SE ASIA Proxy-betting a new revenue stream for casinos? p.21 GLOBAL Managing legal culture clashes in global gaming partnerships p.18 INDIA New association to lobby for gaming regulation p.24 FOCUS Vietnam - an emerging gaming jurisdiction p.12 Asian Gaming Lawyer | September 2016 CONTENTS IMGL President’s Editor’s Letter 5 Letter 6 SEPT 2016 EDITION Gaming Regulator An Overview of Gaming SERIES I - ISSUE IV 8 of the Year 10 Legislation and IR Development in Vietnam PUBLISHED BY Blue Sky Venture Ltd trading as Vietnam - An The Prevention of Money Asia Gaming Brief 12 Emerging Gaming 15 Laundering in the Macau 16/F China Law Building Jurisdiction Gaming Industry 409 Av. da Praia Grande Macau t. +853 2871 7267 f. +853 2871 7264 18 Culture Clash 21 Proxy-betting in SE Asia e. [email protected] ADVERTISING & EDITORIAL ENQUIRIES [email protected] PUBLISHERS All India Gaming Rosalind Wade 24 Federation Launches Luis Pereira in New Delhi EDITOR Yap Wai Ming CO-EDITOR Jorge Godinho CONTRIBUTORS I. Nelson Rose Jorge Godinho Luis Mesquita de Melo Michael Zhu Shaun McCamley DISCLAIMER Asian Gaming Lawyer is an opinion based publication. The authors’ views are their own and may not reflect that of their parent companies, nor IMGL, nor the publishers, nor AGB. OTHER IMGL PUBLICATIONS American Gaming Lawyer Canadian Gaming Lawyer European Gaming Lawyer La Ley Del Juego Indian Gaming Lawyer © Copyright Blue Sky Venture Ltd. All rights reserved. 3 Asian Gaming Lawyer | September 2016 2016 OFFICER & STAFF LISTING OFFICERS Michael E. Zatezalo Jamie Nettleton President First Vice-President Kegler, Brown, Hill & Ritter Co., L.P.A. Addisons Lawyers Columbus, Ohio Sydney, Australia +1 614 462 5400 +61 2 8915 1030 [email protected] [email protected] D. Michael McBride III Quirino Mancini Second Vice President Secretary Crowe & Dunlevy, P.C. Tonucci & Partners Tulsa, Oklahoma Rome, Italy +1 918 592 9824 39 06 322 1485 [email protected] [email protected] Justin Franssen Marc H. Ellinger Assistant Secretary Treasurer Kalff Katz Franssen Blitz, Bardgett & Deutsch, L.C. Amsterdam, Netherlands Jefferson City, Missouri 31 20 67 60 780 +1 573 634 2500 [email protected] [email protected] Marie Jones Douglas L. Florence, Sr. Assistant Treasurer Vice President, Affiliate Members Fox Rothschild LLP Avigilon Philadelphia, Pennsylvania Las Vegas, Nevada 1-609-572-2259 1-702-683-6016 [email protected] [email protected] Keith C. Miller Joerg Hofmann Vice President, Educator Immediate Past President Drake University Law School MELCHERS law firm Des Moines, Iowa Heidelberg, Germany +1 515 271 2071 49-62-211-8500 [email protected] [email protected] IMGL STAFF Morten Ronde Sue McNabb Director of Education and Executive Director Association Development International Masters International Masters of Gaming Law of Gaming Law Louisiana Denmark sue@gaminglawmasters. [email protected] 45 208 87210 4 Asian Gaming Lawyer | September 2016 PRESIDENT’S MESSAGE The IMGL Continues Its Educational Mission With Stellar Conferences and Mike A. Zatezalo IMGL Masterclasses Worldwide IMGL President n April, the IMGL held its Annual Spring Conference in The IMGL Masterclasses continue to be a popular and San Francisco which was well received. I would like to sought after presence at gaming conferences throughout thank the co-chairs of the conference committee, John the world. Recently, the National Council of Legislators IMaloney and John Roberts, for their timeless efforts in putting from Gaming States (NCLGS) asked the IMGL to create together a first-class program including an appearance by a regulatory panel at its annual conference in Boston, the former Mayor of San Francisco. Massachusetts. Thanks to Marc Ellinger and Bob Stocker One of the highlights of each year is the IMGL reception for putting together an outstanding panel on short notice. at G2E and the presentation of the “Regulator of the Year As a result, the NCLGS wants the IMGL panel to be part Award” – North America. The award is given in recognition of their conference next year. The following is a list of of the regulator’s overall contribution to gaming. IMGL is Masterclasses scheduled for the rest of this year: proud to announce this year’s Regulator of the Year, Allen Godfrey, Executive Director of the Mississippi Gaming Commission. Allen has been the Executive Director since DATE EVENT 2011 and has been instrumental in guiding the Mississippi gaming industry through continued growth, notwithstanding several natural disasters including Hurricane Katrina. This September 8, 2016 KPMG – eGaming award is given annually based upon not only the recipient’s Summit, Isle of Man contributions to the gaming industry but his overall work as a regulator and a demonstration of service to the community. September 14-15, 2016 European Association for Congratulations Allen. the Studies of Gambling – The IMGL fall conference will be held on October 23- Lisbon, Portugal 25, 2016, in Dublin, Ireland. Co-Chairs of the conference, October 26-28, 2016 East Meets West Joe Kelly and Sean McGuiness, have put together a very Regulators Summit - strong program which will include panels on Sports, AML in Palawan, Philippines Europe, the United States and Asia, Daily Fantasy Sports in the United States and Europe and the Brexit and how it October 30- International Association will impact the gambling industry. November 3, 2016 of Gaming Regulators – Sydney, Australia November 7-8, 2016 Malta iGaming Seminar (MIGS) – Malta One of the highlights November 15, 2016 MGS Macao Gaming Show of each year is the IMGL reception at G2E November 22-23, 2016 Eastern European Gaming Summit – Sofia, and the presentation Bulgaria of the ‘Regulator of the November 29, 2016 OFXG TLV + GO Gaming International Summit - Tel Year Award’ – North Aviv America. The award is Finally, the IMGL has set the dates for its 2017 Spring given in recognition of Conference in Miami, Florida, for May 10-12 at the Turnberry the regulator’s overall Isle Resort. Our co-chairs for the conference are Marc Dunbar and Daniel Wallach. It promises to be another great contribution to gaming. conference in keeping with the IMGL’s educational mission. 5 Asian Gaming Lawyer | September 2016 EDITOR’S LETTER Silver lining to China’s crackdown may be better player behavior Yap Wai Ming Dear Readers Partner e are pleased to introduce Professor Jorge Godinho as co-editor of the Asian Gaming Morgan Lewis Stamford Lawyer. Jorge is no stranger to the gaming scene and his expertise in this area will augur well for this publication. W For this issue, we are discussing recent developments in Vietnam and regulatory updates in Macau, culture clashes in international alliances and proxy betting. As the legislative landscape is changing, we are also seeing interesting proposals for the introduction of internet gambling in Singapore. Singapore adopts a very strict gaming regulation and internet gambling was banned two years ago. However, it was recently reported that two government owned operators of the country’s only sports betting shop and the horse racing association are likely to be granted exemptions under the Remote Gambling Act to be allowed to operate internet gaming. I should caution other internet gaming operators about getting too excited about this development in Singapore as the exemption is only applicable to Singapore owned non-profit Jorge Godinho organisations only. So this practically shuts the doors to all other commercially operated internet Visiting Professor gaming operators. University of Macau As internet gaming is largely unregulated in Asia, most countries rely on pretty archaic legislations that were founded at a time when the internet did not exist. Anti-gambling laws that were enacted based on physical gambling sites are ill-suited to police the internet gambling space. Singapore adopts a combination of measures to ban internet gambling which are also adopted from the US Unlawful Internet Gambling Enforcement Act. This includes criminalising payment systems and choking off the lifeline of internet gaming. It will be interesting to see if other Asian countries will be following the Singapore lead on this ban. 6 INTERNATIONAL MASTERS OF GAMINGAsian Gaming Lawyer |LAW September 2016 EVENT SPONSORS IMGL would like to recognize the following sponsors for their generous contributions to the IMGL Autumn Conference, being held at the Shelbourne Dublin, October 23-25, 2016. GOLD SPONSORS BREAK SPONSOR BRONZE SPONSORS SILVER SPONSOR RECEPTION SPONSOR The list of sponsors is current as of August 9, 2016. Interested in becoming a sponsor for IMGL’s next event? Visit the IMGL.org for full details, or contact Morten Ronde, IMGL Director of Development and Education, at [email protected] 7 Asian Gaming Lawyer | September 2016 International Masters of Gaming Law Regulator of the Year, North America 2016 Each autumn, International Masters of Gaming Law (IMGL) recognizes outstanding regulators based on stringent standards, including preeminence in the regulatory field and their noteworthy contributions to the overall body of regulatory work. Sue McNabb* he regulators are selected from various jurisdictions the Mississippi Gaming Commission. Director Godfrey joins internationally based on a rigorous nomination and