The regulation of online gambling regulation in Peru is disseminated
The Peruvian government has released the text of the pre-regulation that has to regulate distance gaming and betting in the South American country. These are 53 articles and various annexes that include the general provisions that for 21 days are available to all actors in the field to, in this way, establish a constructive dialogue between the government and the sector. In July, the Peruvian Parliament approved the text regulating remote gambling.
The regulation of remote gaming and betting in Peru is underway. Operators and actors in the sector now have 21 days to study and comment on the pre-regulation presented a few days ago by the Government. ©Jhonatan Saavedra Perales/Unsplash
In the framework of the planned public consultation , the Ministry of Foreign Trade and Tourism (Mincetur) through the General Directorate of Casino Games and Slots has made public the pre-regulation concerning the regulation of gambling and distance sports betting in Peru.
Recall that the Andean country has only opened up to the regulation of online gambling recently , thus following the path marked by other successful regulations in the continent, such as Colombia or the different Argentine provinces, especially Buenos Aires. A representation of the Peruvian regulatory authority would even have traveled to Colombia to meet with its homonyms of Coljuegos.
One of the main reasons for the regulation has been the use of the tax collection generated by the activity of remote gambling . The tax burden has been set at 12% of profits, which is expected to allow the state to collect about 160 million soles annually, almost 40 million euros.
About the law
Just a few days ago (November 11), the Minister of Foreign Trade and Tourism Roberto Sánchez was in charge of presenting the draft regulations of Law No. 31557 . Now the pre-regulation is available to all actors and operators in the sector so that they can study it and provide their critical considerations within 21 days, until December 2.
According to the text of the pre-regulation to which we have had access, Mincetur will be the authority on which the administrative powers fall of regulation, authorization, revocation, supervision and sanction with respect to the exploitation of games and sports betting at a distance. It will also be the responsibility of Mincetur to authorize the games that may be part of the web pages.
On the other hand, the administrative function related to taxes as contemplated in the law will be the responsibility of SUNAT, the National Superintendency of Customs and Tax Administration.
As for the general provisions, it should be noted that the regulation provides that holders of an authorisation for the exploitation of the remote games will be legal entities incorporated in Peru. This is provided for in Article 5:
1."Legal entities incorporated in Peru, and legal entities incorporated abroad that have branch offices established in Peru in accordance with the provisions of the General Companies Law.”
2."Legal entities from abroad must establish a company in national territory, whose legal representative must register real domicile in the country.”
In this way, there would be no doubt that foreign operators who currently operate with remote technological platforms with the aim of attracting Peruvian customers will have to establish companies with legal entities in the country to obtain an authorization from Mincetur. For example, this this is the case with Betsson. that i recently purchased Inkabet , with which it would now be automatically enabled to operate legally in Peru.
The licensing authorization process requires a series of formalities that begin with the submission of the operation application that will be evaluated regarding compliance with the financial, technical and legal requirements established by law. But once the authorization is obtained, it will have a validity of 6 years . Technology platforms will have to renew their homologation every 2 years.
The transactions will be carried out exclusively in the national currency (Sol, S/) and transactions with cryptocurrencies are expressly prohibited (Article 39.- 2.).
Another important aspect established by the new regulation is that operators must compulsorily include and "in a notorious way” the following warning:
"Excessive remote gaming and sports betting can cause gambling addiction.”
