Online gaming and virtual sports betting law approved in Peru

The Government presented a bill to regulate these activities, to which were added texts of other projects presented by the Legislative.

Finally, two opinions emerged: one from the Economy Commission (which fell on Bills 168 and 1923) and another opinion from the Foreign Trade and Tourism Commission (based on Bill 2070 presented by the Executive, to the which Bill 2206 was added). By consensus, a substitute text was presented based on Bill 2070 presented by the Executive Power.

Mincetur welcomed the consensus reached and indicates that this activity must be regulated because "nobody should generate activity without paying taxes."

The head of the sector, Roberto Sánchez, observed that vulnerable sectors of the population must be protected through access controls for minors and the execution of responsible gaming policies to prevent the development of addictive behaviors. Likewise, he prevents the activity from being used for acts of computer crimes, fraud and other illicit activities.

The text of the law approved in the Congress of the Republic indicates that the Mincetur is the administrative authority at the national level that regulates, authorizes, revokes, supervises and sanctions the exploitation of remote gaming and remote sports betting.

Regarding the control of the technological platforms, this will be carried out by physical and/or logical, face-to-face or remote access. The text also dictates that the participation in remote sports games and bets of minors and people with gambling problems, identified through the Registry of Persons Prohibited from Accessing Casino Games and Slot Machines, is prohibited.

On the other hand, the granting of operating licenses to physical premises, the municipalities may only grant licenses to the owners of remote sports betting game rooms prior authorization by the Mincetur. The law also establishes that the remote sports betting game rooms must not be less than one hundred and fifty meters, following the minimum pedestrian route, from temples or educational centers where regular basic education is imparted.

It should be noted that, at the request of the Mincetur, the Ministry of Transport and Communications is obliged to carry out the necessary actions to execute the blocking of WEB pages, IP addresses, URLs and/or computer applications, through which they are carried out. remote gaming offers and remote sports betting from technological platforms not authorized by the Ministry of Foreign Trade and Tourism.

In the same way, the constitution of guarantees in favor of the State is instituted to cover the payment of fines and prizes, in addition, a direct tax applied to the Net Income (Net Win) of 12% (same percentage as the casino activity and slot machines), among others.

The law will enter into force 60 days after the date of publication in the Official Gazette El Peruano of the Supreme Decree that approves its Regulations. It should be noted that by Supreme Decree the Mincetur will regulate the Law within a period that should not exceed 120 business days from the date of publication in El Peruano. Data

The law prohibits the dissemination of advertising from technological platforms for remote gaming and remote sports betting and remote sports betting game rooms that are not previously authorized by the Mincetur.

The sanctions applicable to authorized certification companies and laboratories that incur in an administrative violation are the following: reprimand, fine from 1 UIT to 200 UIT, cancellation of the administrative authorization, disqualification for up to ten years, or permanent disqualification.

The law determines that of the 100% collected from the Tax on the Games, 40% of the collection will go to the public treasury, 40% for the development of tourism, 20% for the promotion of mental health and 20% to the treasury.