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Peru drafts bill to regulate online gambling

3 March 2022

(PRESS RELEASE) -- The Minister of Foreign Trade and Tourism, Roberto Sánchez, affirmed that the draft law prepared by the Mincetur to regulate games and sports betting on the Internet, has as its central objective the efficient regulation of this activity, which generates an approximate movement of S/4,500 million annually.

He pointed out that it is urgent that these operations be controlled in an integral way, paying taxes and complying with adequate conditions, which guarantee the safety of users, as well as transparency and responsible gaming policies, as has happened in Colombia, Mexico, Argentina , and much of the United States and Europe.

In this sense, he explained that the document establishes that the Mincetur is the entity responsible for granting the authorizations for the use of technological platforms in games and sports betting, as well as in physical premises, for which the companies must be registered in the Registry. Single of Taxpayers. In addition, they must have a legal representative in Peru and a web domain with the ending ".pe", thus avoiding capital flight and preventing money laundering, commission of fraud, computer crimes and any other illicit purpose.

The preliminary draft indicates that the control of the technological platforms will be carried out by physical and/or logical, face-to-face or remote access. The proposal also prohibits the participation in games and sports bets remotely by minors and people with gambling problems. In addition, companies that do not have the respective sectoral authorization will be prohibited from signing advertising or sponsorship contracts. Regarding administrative sanctions, these include: reprimand, fine (from 1 to 500 UIT), cancellation of authorization and/or administrative registration, disqualification for up to 10 (ten) years and permanent disqualification.

“The draft of the Mincetur proposes a direct tax of 12% applied to the Net Income (Net Win). Similarly, consider a selective consumption tax of 1% on bets paid by the customer. In this sense, an annual collection of around S/ 160 million is estimated, which can not only be invested in the reactivation of tourism, but also in public infrastructure works, especially to promote sports," said Minister Roberto Sánchez.

It is important to mention that the proposal indicates that after being enacted, the Mincetur must issue the regulation within a period not exceeding 90 business days. It should be noted that, from the date of entry into force of the rule, companies must comply with what is stated in the legal device within a period of one hundred and 120 calendar days.

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