REMOTE GAMBLING FROM GIBRALTAR
All gaming operations in
Gibraltar require licensing under the Gambling Act 2005. Remote
Gambling licences, including for telephone and internet betting,
are issued by the Licensing Authority.
The Gibraltar Regulatory Authority, in turn, is the Gambling Commissioner
under the provisions of the Gambling Act 2005. The Act grants the
Gambling Commissioner powers to ensure that licensees conduct their
operations in accordance with their licenses and in a such a manner
as to maintain the good reputation of Gibraltar.
GENERAL
The Licensing Authority will only consider licensing
blue chip companies with a proven track record in gaming, licensed
in a reputable jurisdiction, of good financial standing and with
a realistic business plan. Licences are generally difficult to obtain.
As at 1st September 2007 there were nineteen licensed operators
as follows:-
| 1 |
Ladbrokes
(Gibraltar) Ltd |
-Fixed-odds |
| -Casino |
| 2 |
Victor
Chandler (International) Ltd |
-Fixed-odds |
| -Casino |
| 3 |
Eurobet (Gibraltar)
Ltd |
-Casino |
| 4 |
Stan
James (Gibraltar) Ltd |
-Fixed-odds |
| -Casino |
| 5 |
Bwin International Ltd
|
-Fixed-odds |
| -Casino |
| |
(Ongame
Network Ltd) |
-Casino |
| 6 |
Carmen
Media Group Ltd |
-Fixed-odds |
| -Casino |
| 7 |
St
Minver Ltd |
-Casino |
| 8 |
32 Red Plc |
-Fixed-odds
-Casino |
| 9 |
Digibet
Ltd |
-Fixed-odds
-Casino |
| 10 |
888.com Plc
[Cassava Enterprises (Gibraltar) Ltd] |
-Casino |
| 11 |
Globet.com
Group Ltd |
-Fixed-odds |
| -Casino |
| 12 |
International
Betting Association Ltd |
-Fixed-odds |
| 13 |
Mansion
(Gibraltar) Ltd |
-Fixed-odds & Betting Exchange |
| -Casino |
| 14 |
Partygaming Plc (PartyBets Ltd) |
-Fixed -odds |
| |
(ElectraWorks
Ltd) |
-Casino |
|
15. |
FuturesBetting.com
Ltd |
-Spread Betting |
| 16. |
Partouche Interactive
(Gibraltar) Ltd |
-Casino |
| 17. |
William Hill
(Gibraltar) Ltd |
-Casino |
| 18. |
Hillside (Gibraltar)
Ltd (Bet365 Group Ltd) |
-Casino |
| 19. |
Petfre (Gibraltar)
Ltd (Betfred) |
-Casino |
Below are some of the principal conditions and licensing requirements
for fixed-odds betting and on line casino operations.
ADVERTISING GUIDELINES
The operator shall ensure that all advertising,
promotion and sponsoring activity of whatever type and through whatever medium (including
the internet) shall be truthful and accurate. It shall be exclusively targeted at adult
players and shall therefore not be designed to appeal in any way to minors. Operators
shall ensure that such internet websites as are used to advertise, promote and/or operate
its gaming activities shall not include links to other sites with violent or immoral
content or which may be designed for access by minors.
The licences are issued on the basis that the
advertising and promotion of betting services can only be directed to citizens of nations
in which it is not illegal for such activities to be undertaken and that the licence will not
provide betting services to any person where the provision of such services by the
operator would be illegal under the applicable law.
PAYOUT OF PRIZE MONIES
The operator will at all times have adequate
financing available to pay all current and reasonably estimated prospective obligations in
respect of prize payouts and to ensure there is adequate working capital to finance on
going operations. The Operator will pay winnings and account balances to registered
players in accordance with clearly established arrangements agreed to with the customer.
CUSTOMER PRIVACY AND DATA PROTECTION
Operators are required to
obtain the following minimum information with regard to all prospective
customers. The basic information on each individual shall include full
name; residential address; and age as
no customer may be registered as a player if under the age of eighteen;
GAMING TAX
For fixed-odds betting operations gaming tax is
currently levied as from 1 April 2005 at 1% of the turnover up to £42,500,000 of annual turnover with the
gaming tax capped at £425,000 per annum, with a minimum annual tax payable
of £85,000. Betting exchanges are currently taxed on the same basis as
Fixed-odds
operations. For internet casinos gaming tax is currently levied at 1% of
the gaming yield (the drop). The maximum and minimum cap is the same as for
fixed-odds betting.
ACCOUNTS AND AUDIT
The bank accounts into which any customers,
funds, stakes, wagers, prizes or other monies are received, held or paid out from shall be
controlled by the Company. The operation of any credit card merchant
account used in the course of the business shall be fully and
effectively controlled by the Company.
No bank account or credit card merchant account,
nor the
receipt, processing, holding and clearance of customer funds and credit card transactions,
shall be maintained by the licence in a
jurisdiction other than Gibraltar, or in a Gibraltar licensed
institution without the prior approval of the Government.
The Operator shall be required to
produce audited accounts and maintain its financial records in accordance
with the applicable law from time to time. The Operator shall also
be required to meet all its accounts and filing requirements as
set out in the Companies Ordinance, the Companies (Accounts) Ordinance
and Companies (Consolidated Accounts) Ordinance and any other applicable
legislation.
EFFECTIVE CONTROL
The Licensee shall at all times be effectively controlled and managed
from Gibraltar. The Licensee shall be required upon request by the
GOG to produce lists of key personnel (with CV's or such other information
as is reasonably appropriate) including shareholders, directors
and executive managers involved in the management and operation
of the Licensee's business in Gibraltar.
The Licensee hereby agrees that the control of the entire business
of the Licensee will be exercised in Gibraltar, so that, inter alia,
but without limitation to the generality of the foregoing, the bank
accounts into which any customers' funds, stakes, wages, prizes
or other monies are received, held or paid out from shall be controlled
by the Licensee. The operation of any credit card merchant account
used in the course of the business shall be fully and effectively
controlled by the Licensee.
The Licensee hereby agrees that no bank account and credit card
merchant account, nor the receipt, processing, holding and clearance
of customer funds and credit card transactions, shall be maintained
by the Licensee, in a jurisdiction other than Gibraltar or in a
Gibraltar licensed institution, without the prior approval of the
GOG.
ANTI MONEY LAUNDERING REQUIREMENTS
The Operator shall comply fully with all
obligations in respect of any transactions which may give rise to any suspicions in
respect of money laundering. The obligations are set out under the Gibraltar Criminal
Justice Ordinance and the Anti Money Laundering Guidelines published from time to time by
the Financial Services Commission of Gibraltar.
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For further
information or queries on licensing
please contact: Mr E. Gomez
Minstry of Finance
Gambling Division
No.6 Convent Place
Gibraltar
T: 00350 20050724
F: 00350 20079901
E-mail:
financeministry@gibtelecom.net |
For further information
or queries on regulatory issues please contact:
Gibraltar Regulatory Authority
Gambling Division
Suite 811
Europort
Gibraltar
T: 00350 20074636
F: 00350 20072166
E-mail: gambling@gra.gi
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| Last
Revised :
14 November 2006 |