Reports
MARKET REPORT: ROMANIA
and tax liability concerning such operations.
“Few international operators have applied for that and unless the government passes a new similar piece of legislation, the Romanian market is blocked for such operators until the related criminal and tax liabilities will become time-barred.
“In addition the Romanian law requires service providers for the online gambling to hold a Class II online gambling licence. Tis covers software developers and gambling platform suppliers, payment processors, technical auditors and affiliates. Tere are approximately 300 Class II licensed entities and the number is growing constantly.
“Online operators need to place safe and mirror servers in Romania and offer live access to the regulator. Te Romanian law does not require online operators to have a local corporate presence however, but only a key official as a main point of contact with the local authorities.
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Most of the online operators are based in Malta.”
Conditions for applying for an online gambling licence are similar to that for land-based and applicants must also have their entire IT system and gambling software audited by a licensed testing laboratory.
Te gaming server does not have to be located in Romania but there must be mirror and safe servers in the territory so the NGO can monitor activity. In addition the operators are also required to establish a ‘terminal’ which is defined by the legislation as an IT tool at the disposal of the NGO whereby the regulator can access several centralised reports concerning the online operations and the aggregated financial results.
Te blacklist currently contains over 1,020 (as of September 2017) internet domains of those which carried out unlicensed activities or did not pay licensing fees. Such blacklist also comprises the internet domains of those
operators which, even though paid the back tax related to past performances, did not apply for an (interim) licence after September 2015 in order to continue their operations in Romania.
Te duration of a licence is 10 years with authorisation annually and the procedure for new licences can take a few months.
Tere are however some issues relating to the blacklist. Ana-Maria Baciu, partner at Nestor Nestor Diculescu Kingston Petersen Attorneys and Counsellors in Romania and associate Andrei Cosma are experts in this field.
Ana-Maria said: “Te introduction of a blacklist comprising the unlicensed gambling websites may be seen as a positive measure aimed to eradicate the black market and ensure the protection of the players against unregulated gambling platforms. However there are certain pending issues related to the functioning of such a blacklist.
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