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June 24, 2021

The bill might also pave the way for sports betting in the Argentinian province

What is the bill legalizing gambling in Buenos Aires proposing?

What is the bill legalizing gambling in Buenos Aires proposing?
Tax Law 2019, which will be discussed as part of the 2019 budget in Buenos Aires, includes 25 articles that seek to enable online betting in the main province of the country. Below, Yogonet provides an in-depth analysis of the Executive's proposal.
Argentina | 11/15/2018

Tax Law 2019, which will be discussed as part of the 2019 budget in Buenos Aires, includes 25 articles that seek to enable online betting in the main province of the country. Below, Yogonet provides an in-depth analysis of the Executive's proposal.

T

he regulation of online gambling establishes in its first article (no 142) the activity will be regulated according to each of its modalities (electronic, computer, telematic and interactive media) at a provincial level, to "guarantee public order, eradicate illegal gambling and safeguard the rights of the players."

The modalities (article 143) included are "casino games - table games and automated electronic gaming machines - sports betting, lotteries and those defined by regulations, where money is to be invested on future and uncertain results, regardless of whether the players' skill level predominates or it is exclusively luck-related ".

In terms of jurisdiction, and since Argentina allows each province to legislate gaming as they see fit, it will be comprised by all those bets that occur in the provincial sphere (and defines the same as long as the connection to the game or the realization of the bets is carried out in the province of Buenos Aires). But it should be clarified that the article incorporates the forecast of future agreements, when the effects include other jurisdictions.

Article 144 defines three different modes for its exploitation: online game; gambling by electronic, computer and telecommunication means; and games through interactive procedures. And who regulates the activity (Article 145) will be the provincial Executive Power, through the Provincial Institute of Lottery and Casinos of the Province of Buenos Aires.

It should be noted that the law states that "any form of gambling that is not authorized by the Enforcement Authority will be considered prohibited", which makes all bets made in the province on sites not specifically authorized by this entity illegal.

Article 147 determines that the organization and exploitation must be carried out by persons or entities "based in the Province of Buenos Aires", which indicates that companies wishing to access a license must operate from provincial territory.

Regarding the requirements for the operation, natural or legal persons must accredit technical, economic and financial solvency, in the terms established by regulations once the Law has been approved, and define a series of prohibitions (Article 147) similar to those that physical gaming operators must abide by.

To operate a license, it will be a condition to have an "enabling title", and this is understood as the licenses and authorizations granted by the Lotteries and Casinos Institute, according to procedures that will be established in the regulations. In this way, the bases and conditions for bidding a license will be determined at the time, but the Law establishes that up to a maximum of seven licenses may be granted.

On the other hand, the creation of the Online Gaming License Registry is determined, which will include those who are operators of the granted licenses. Licensees, once registered, may "develop the gaming activity in the area of the Province of Buenos Aires", must have domicile in the Province of Buenos Aires and meet the requirements not yet established in the regulations.

Operators must pay the Gross Income tax in the specific activity that may correspond, in addition to registering a domain belonging to the special area designated by the Institute, for the development and commercialization of gaming activities through the Internet. In addition, they will be obliged to ensure compliance with current laws and regulations on money laundering (Law 25.246 and its amendments), ensure the integrity and security of games, "guaranteeing participation, transparency of draws and events, calculation and of the payment of prizes and the diligent professional use of the funds, in its broadest sense ".

Homologation

According to the article 151 presented, operators must have the software, equipment, systems, terminals and instruments in general necessary for the development of these activities, and must be "duly approved, in accordance with the provisions of the Application Authority."

The regulation, once the Law is approved, must determine the necessary specifications to standardize the technical systems of the game, as well as those necessary for its function.

The regulations, once the Law has been approved, must determine the specifications necessary to standardize the technical gaming systems, as well as those necessary for their operation. The text of the Law shows that these approvals may be provided by national and international laboratories, since it is determined that the Lottery Institute may "authorize a third party, having to be the same, previously accredited as such".

The technical system for the development of the activity must have sufficient authentication mechanisms to guarantee, among others, the confidentiality and integrity of the communications, the identity of the participants (who must be previously identified to bet), the authenticity of the bets , compliance with the legal limitations of the activity; and must issue reports to control them.

Operators must comply with the registration and control of all operations carried out by the connected users, and if necessary they must be able to reconstruct all the actions or operations carried out through the platform.

Article 154 establishes the logical guarantee on the part of the operators, which will be affected to fulfill the obligations and the payment of the prizes, as well as to the payment of the taxes that correspond for the development of the activity of the game.

The licenses and authorizations will have a validity established for a maximum of 15 years, without their renewal being requested. And as for advertising, the Law establishes that it will be prohibited for any operator or game that is not expressly authorized, and the media must verify that the advertiser has the necessary permission. To do this, the Provincial Lottery and Casinos Institute, through its website, will offer updated information on the authorized operators.

Who can play?

According to article 157, "a person over 18 years of age will be considered as a participant, who, acting on his or her own, will place bets through the means detailed in article 142, being previously registered in the Players Registry that is hereby created." In this way, all players must be previously registered (like what happens in Colombia, for example). Players must register as customers of the license holder, detailing their name, type and number of the document, address and any other information established in the regulations. And the operators will be responsible for checking the information provided by the player, in relation to the registration.

Licensees must establish a gaming account for each player, and bettors may have a single account with each website. It should be noted that the way in which the Law will allow to charge the balance in the account or make the collection of prizes has not yet been defined.

Responsible gaming

It will be implemented, according to art. 161 of the Law, a comprehensive social responsibility policy that considers the game as a complex phenomenon, combining preventive actions aimed at raising awareness and disseminating good gaming practices, as well as the possible effects of inappropriate practices and their effects.

In this sense, operators must enable a function that allows the player to establish deposit limits, and also enable the possibility that the player can request temporary or permanent exclusion, or a time restriction.

Where will the contributions of the online game in the province go?

The gross profits produced by online games (the difference between the total amount paid, discounting the payment of prizes) will be distributed as follows:

a) 8% to General Rents, to attend actions inherent in education, promotion and social assistance, as determined by the Executive Power.

b) The percentage remaining for the operator, after deduction of the fee that is set according to the provisions of article 168.

As for the contributions, operators must pay as mentioned above, the Tax on Gross Income, and also pay the Provincial Institute of Lottery and Casinos a fee that can not be less than two percent (2%) of the gross profits, to be determined in the procedure established by the regulation.

To see the full text of the regulation (spanish content)

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