Wire SOUTH AMERICA
‘Tis is an illegal operation of gaming casinos that is developing its activity within the national territory, even when it is a web platform.’
CHILE ONLINE GAMING Monticello Files Complaint Against Betsson
Peru - Online sports betting expansion Peru’s Ministry of Foreign Trade and Tourism Ministry (MINCETUR) is drafting a bill that would further regulate online sports betting. Minister Roberto Sánchez stated that the bill’s objective was to fully regulate the offshore betting sector as it generates around 4,500 million soles per year.
The Minister said that urgent measures were necessary so that offshore operators paid taxes and complied with local regulations. New laws would mean better player protection measures as witnessed in Colombia, Mexico, Argentina, and much of the US and Europe, he said.
Under new rules MINCETUR would be the new regulatory body for the sector. Licensed operators will have to have a legal representative in Peru and a web domain ending .pe to avoid capital flight and prevent money laundering and other crimes.
The proposal also adds a number of player protection measures and bans non-licensed sites from advertising or signing sponsorship deals with local clubs. Those failing to abide by the rules will be fined, could lose their licence, and could be banned from operating in Peru for 10 years or indefinitely.
"The MINCETUR draft proposes a direct tax of 12 per cent applied to net income. In the same way, it puts in place a selective consumption tax of one per cent on bets paid by the client. As a result, a collection is estimated of around 160 million soles per year, which can not only be invested in the reactivation of tourism, but also in public infrastructure works, especially in the promotion of sports," said Sánchez.
Once enacted, MINCETUR must issue the new regulations within a period not exceeding 90 business days. Companies must then comply within a period of 120 days once the new rules are in place. Under current rules betting shops are permitted via municipal licence and there is no specific authority that regulates them. The private sector has the right to enter the market as long as the company adheres to Peru’s Civil Code and the terms of their licence as granted to them by the municipal government in the locations where they are licensed. There are around 30 sports betting companies that operate in the country in accordance with local gaming laws.
There has been growing impetus to place extra federal control over the industry. Locally based sports betting operators such as Betsson, Te Apuesto and Inkabet have created an organisation called APADELA, which has been lobbying for a code of ethics, stricter rules against money laundering, self- exclusion programmes and more measures aimed to protect the integrity of sports. New regulations are undoubtedly needed as sports betting via offshore sites stands at around US$450m per year.
P6 WIRE / PULSE / INSIGHT / REPORTS
Chile’s Monticello Casino has filed a complaint to the Prosecutor's Office accusing Betsson of breaking the law.
Te Monticello Casino is accusing Betsson of breaking the law in Chile in what is expected to be the first in a series of land-based sector moves against government plans to give online gambling the go-ahead across the country.
Te casino has filed a complaint against ‘all those who are responsible in the course of the investigation, either as the perpetrator, accomplice or accessory, for the crimes provided for in articles 275, 276 and 277 of the Penal Code.’ Combined, these articles define what constitutes illegal gambling in Chile. ‘Te operation and exploitation of the website
www.betsson.com/cl, with the domain also
www.betsson.cl, constitutes the transgression and commission of the aforementioned crimes,’ the motion continued.
“Te complaint that we are presenting, plus the bill promoted by the Executive, makes it clear that this type of platform is outside Chilean law. Te problem is that this illegality - which threatens public trust, consumers, the prevention of money laundering, and the payment of taxes - has consequences in the commercial relations and sponsorships that these platforms have, for example, with sports institutions,” said Enjoy’s attorney Carlos Silva.
According to the company on July 30, 2020,
Monticello (owned by Dreams) learned of the existence of the Betsson Chile website, which offers sports betting, casino, live casino and virtual sports to the general public. Tis website constituted: “A true online casino platform, without the corresponding authorisations from the regulatory entity in this matter, such as the Superintendency of Gaming Casinos (SJC), and therefore the provisions of the law have been violated.”
Te operators of the Monticello casino pointed out in the document that the same web page expressly indicated that it did not have authorisation in Chile to operate as a casino. Instead, the site is licensed and regulated by the Malta Gaming Authority (MGA).
“Tis is an illegal operation of gaming casinos that is developing its activity within the national territory, even when it is a web platform." Te company said that this had been drawn to the attention of the SJC. In mid-June, the SJC indicated that they were already carrying out an investigation and that they had forwarded the information to the Public Ministry.
Monticello also criticised Te Asociación Nacional de Fútbol Profesional (ANFP), which acts as the organisational body for professional competitions in the top two leagues.
Chile Government announces new online gambling bill
Chile’s government has confirmed it is to regulate online sports betting. Undersecretary of Finance, Alejandro Weber, said that tax generated by the newly regulated industry would amount to as much as US$55m per year for government coffers.
According to the Gambling Board (SJC), there are now more than 900 offshore betting sites that offer their services locally with the total handle now standing at US$150m. Lockdown has increased online betting significantly in Chile and younger players are now betting in increasing numbers online.
Te government initiative will allow companies to apply for a five year renewable licence or a
temporary licence for six months. Companies must be incorporated in Chile and report the origin of their funds, detail their shareholders and final beneficiaries, and will be required to comply with AML laws. Online gambling would fall under the supervision of the SJC.
Firms operating online games will pay a special tax of 20 per cent of their gross income. A licence fee of 1,000 tax units (UTMs ) per year will be imposed on five year licence holders while the fee will stand at 100 tax units for those companies granted a shorter term licence. (Te value of one Chilean tax unit stands at around US$68). A small percentage of gross income will be earmarked for sports bodies and the promotion
and development of responsible gaming. Players will also be subject to a tax of 15 per cent of any income obtained via gambling when transfering money from their user account to their personal account.
Sports betting is already highly visible via sponsorship deals between sports betting companies and top teams. In January 2022, the Club Deportivo Universidad de Chile announced that the Betano sportsbook would be the new main sponsor of its teams in an agreement that will last three years. In addition to the brand appearing on the jerseys of both main teams, the online gaming operator Kaizen Gaming will become the Chilean first division club’s main partner.
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