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Besides the general obligation of paying the annual license fee and responsible gambling contribution, licensed affiliates also have the express legal obligation of sending all affiliation contracts concluded with B2C operators to the NOG. Online operators are also obliged to inform a player who opted to self-exclude about the possibility of receiving counseling and treatment against gambling addiction in a treatment centre. The observance of the advertising regime for gambling activities is primarily supervised by NOG. By the end of November , the NOG is legally required to issue instructions regarding the application of the new AML obligations in the gambling sector. Home Gambling Romanian Gaming Law. EUR2, , thus triggering the administrative liability of the player but not criminal liability. Casinos are the specialized locations used for the operation of games of chance characteristics to casinos. Betting activities are allowed by the Romanian law, and the gambling legislation expressly regulates three types of online betting: fixed-odds betting , exchange betting , and mutual betting; Online bingo is allowed, and the online bingo license covers also keno games; Online casino is allowed, and the casino license covers also the online poker and online slot-machine gaming; Online lottery games are restricted since this category falls under the monopoly of the Romanian National Lottery; Fantasy sports are not expressly regulated under the Romanian gambling legislation. The following sectors are allowed, this means that the respective categories of games of chance are allowed subject to obtain the necessary license and authorization. The legislative changes likely to occur in the near future for the land-based gambling sector stem from the following pieces of pending legislation:. Gambling Offenses Failure to observe the legal requirements in the field of gambling could lead to civil, administrative or criminal sanctions. The gambling regulatory framework is focused on protecting minors and preventing their access to gambling, as well as ensuring the integrity and transparency of gambling activities and maintaining a fair game system that is constantly supervised. Administrative liability may be triggered when: the organizer of land-based gambling activities allows individuals to participate in games of chance without having valid identity documents in their possession; the gambling organizer, without distinction between land-based and online activities, does not pay the participants the winnings obtained from gambling in three business days, provided that the conditions imposed on the participant in relation to the proof of winnings are fulfilled; the gambling organizer, without distinction between land-based and online activities, fails to notify the National Gambling Office, within a certain deadline, about any modifications that have occurred to the data on the basis of which the license and the authorization were granted. Any other types of games of chance, namely new games of chance or combinations of games This generic category includes any product that fulfills the cumulative conditions of games of chance and is not expressly defined by the gambling regulation. The categories of B2B suppliers for which the NOG has issued Class 2 licenses are as follows: manufacturers, distributors and other entities performing activities with gaming means or gaming components; software providers; providers of platform management and hosting services; providers of live casino streaming services; certification laboratories, auditors and conformity assessment bodies; payment processors; and marketing affiliates. However, the regulation allows an operator to submit license and authorization applications at the same time, provided that the necessary conditions are fulfilled for each of these. The legal regime of such unregulated products will be established by the local regulator based on the game rules and description presented by the organizer. The applicant is required to have its entire IT system audited by a specialized testing laboratory that holds a Class 2 license, while the gambling software must be certified by a Class 2 licensed certifier, as must the random number generator and return-to-player percentage for each game. Land-based operators must also pay an annual authorization tax, which is calculated by reference to the following criteria:. Regarding online gambling, the legislation specifically provides that the platforms must be designed to enable responsible gambling functions, such as setting daily, weekly or monthly deposit limits, the possibility of players permanently or temporarily self-excluding from gambling, etc. In accordance with the gambling regulation, land-based gambling operations entail a physical presence in Romania. Since when the regulatory framework was reformed, there have been several notable cases where the NOG suspended or revoked both land-based and online licenses, or even canceled two interim online licenses. All premises used for the operation of slot-machine gaming , irrespective of the type of slot-machine, are subject to certain restrictions in relation to the advertising of the premises, as follows:. While authorization must be obtained for each type of activity or machine, as the case may be in land-based gambling, in the case of online gambling, only one authorization is to be obtained for all activities conducted on the same gambling platform which can be connected to one or several internet domain names. Land-based casino games, slot machine games with unlimited stakes and winnings, and land-based bingo that takes place in tourist resorts or on leisure crafts qualify as temporary games of chance and are subject to a special temporary license and authorization, which is valid for a period of three months. Thus, operators holding a land-based license are established as Romanian companies and, as a result, become subject to the general corporate tax provided by the Romanian fiscal legislation. Operating games of chance without license and authorization constitutes a criminal offense and shall be punished with imprisonment from one month to one year, or with a fine. The legislation also imposes certain special taxes for the following categories of land-based gambling:. Failure to observe the legal requirements in the field of gambling could lead to civil, administrative or criminal sanctions. Gambling activities are also regulated by means of instructions, orders or decisions issued by the National Gambling Office in relation to various aspects of gambling activity, such as the certification of online gambling platforms, interconnection protocols and reporting requirements for slot-machines, reporting of the revenues obtained by both land-based and online operators, etc. The surface area and structure of casinos must enable the installation of gaming equipment and other technical devices needed to carry out the specific activity, and they must be located in buildings intended for use as business premises or in hotels with a minimum 3-star rating. At the moment there are 22 operators licensed for online gambling and more than B2B licensed providers. Annual Fees for Online Gambling. The legal framework for gambling was created in Class 1 and Class 2 licenses are readily available, provided that the respective B2C or B2B operators meet the applicable licensing requirements. Obtaining an online license does not necessarily require operation under a Romanian incorporated vehicle. Additional sanctions applicable to the criminal offense of unlicensed gambling are that the gambling operator company would be dissolved and the amounts derived from the unlawful activity would be confiscated. Affiliates wishing to operate on the Romanian market are required to obtain a specific Class 2 license from the National Gambling Office. Financial penalties are generally enforced through the co-operation of the NOG with the fiscal authorities. Operating games of chance without proper license and authorization constitutes a criminal offense. The Class 2 license is also valid for ten years, subject to the payment of the annual license fee within the applicable deadline. Online gambling activities are defined as all games of chance that fulfill the legal conditions applicable for a game of chance and are performed through communication systems of any kind internet, landline or mobile telephone or any other transmission system. In fact, at the time of writing, most operators holding an online license in Romania are incorporated outside Romania, in other EU jurisdictions. However, joint operation entails joint liability for all parties involved. Criminal liability could be triggered when the following gaming products are offered to players:. The authorization can be obtained by an operator that has previously been granted a Class 1 license. In the past year the Romanian gambling market has been affected by the introduction and increase of certain taxes:. While the licensing procedure is not product-specific, the authorization must be obtained for each type of gambling activity intended to be performed. Casinos are subject to minimal legal requirements with regard to the location of the premises, surface and safety equipment. Other particular conditions applicable for an operator applying for a license and authorization to perform online gambling relate mainly to technical and operational requirements. If this activity does not fulfill the mandatory conditions of gambling, then fantasy sports should fall outside of the gambling legal framework; Social gaming is not expressly regulated under the Romanian gambling legislation. The sanctions for infringing the advertising regime for gambling activities start with administrative fines and can theoretically lead up to the suspension or revocation of the license. B2B Licences Suppliers, Software, etc allow the licensed supplier to perform the activities covered by the respective license in Romania. Sanctions are enforced either directly by the NOG in case of the suspension, revocation or cancellation of the license or other regulatory breaches or in co-operation with other public authorities eg, the tax authority, police bodies, etc. The Supervisory Committee is the body within the NOG that approves license applications during its periodical meetings; such meetings are generally organized twice a month. The gambling operator that wants to offer land-based gambling activities must obtain a Class 1 license and one or several authorizations. The regulation sets forth that licenses are nominal and allow operation only for the holder of the license. From a regulatory perspective, the sector-specific instructions that must be enacted by the gambling regulator for the application of the new AML national legislation, which transposes the 4th AML Directive, are likely to have an impact in the near future. In terms of the necessary infrastructure, if the main gaming server is not located in Romania, the operator must establish safe and mirror servers in Romania in order for the NOG to be able to monitor the activity related to the Romanian market and verify any incidents that occur. Betting activities are allowed under Romanian law, and the gambling legislation expressly regulates three types of land-based betting: fixed-odds betting , exchange betting, and mutual betting ; Poker is allowed under Romanian law, and the gambling legislation expressly regulates land-based poker clubs; Bingo is allowed, with the Romanian legislation regulating two types of land-based bingo games: bingo performed in specialized bingo halls, and bingo organized via television networks; The Casino is allowed in Romania, with the gambling legislation regulating in detail the regime of the land-based casino license; Gaming machines are allowed in Romania, with the legislation regulating three categories of slot-machine gaming: slot-machines with unlimited stakes and winnings ; electronic devices awarding winnings with limited risk AWPs ; and video-lottery machines VLT. However, considering that the NOG has the competence to request any additional documents or information deemed necessary, in practice the licensing and authorization procedure generally exceeds the initial day timeframe provided by the law.

After for years from slot machine nuove normative 2020 reformation of the Romanian gambling framework, the local market can be characterized as being relatively mature in all its relevant sectors.

In this generic category are included all products that fulfill the cumulative conditions of games of chance and is not expressly defined by the gambling regulation. Slot machine nuove normative 2020 3 license — this license is granted by the benefit of the law to the Romanian National Lottery, which has a legal monopoly over the organization of land-based and online lottery games.

Furthermore, the gambling regulator also has the competence to apply administrative fines if an operator infringes the licensing and authorization conditions. Online operators are also required to pay a EUR8, fee for the issuance of the license. This generic category includes any product that fulfills the cumulative conditions of games of chance and is not expressly defined by the gambling regulation.

Moreover, certain specific requirements in the field of anti-money laundering and the prevention of terrorism are also applicable to gambling activities and are generally contained in Law. Failure of the gambling organizer to comply with the legal requirements can also lead to the suspension or revocation of the license by the National Gambling Office.

Jurisdictional Overview Online. However, for an online license, the applicant is required to pay an administrative fee of EUR2, for the review of the licensing documentation.

Criminal liability could be triggered when the following gaming products are offered to players: fraudulent games of chance; games of chance through radio channels or through other assimilated transmission means; games of chance based on the results of clandestine competitions such as dog fighting, which is expressly forbidden by the Romanian legislation, illegal car racing, etc ; clandestine games of chance, where the results of the game are influenced by the skill of the person handling the game for the slot machine nuove normative 2020 of obtaining revenues, rather than being random; competition games with winnings of any type through telephone lines or other communication systems, television or radio where the granting waitrose christmas delivery slots 2020 prizes is based slot machine nuove normative 2020 on the accuracy of the answers provided to general questions, which involve a participation fee.

The licensed operators are required to pay an annual license tax in the form of a flat-fee for a specific amount, depending on the type of land-based games operated. The continue reading under which the organization and operation of games of chance here permitted in Romania are outlined in the following normative acts:.

Specific reference is made to ISPs that are required to ban access to the blacklisted websites as well as to those websites promoting unlicensed gambling under the sanction of a fine ranging from RON50, approx.

In accordance with the regulation, licensed operators are required to notify the NOG about any amendments to the initial information on the basis of which the license and authorization were granted. If an operator fails to pay the applicable taxes, the authorities are entitled to enforce the respective guarantee.

A distinct category of temporary games is represented by poker festivals, which are defined by the law as temporary events organized in tourist resorts or other locations, and consist of poker tournaments performed exclusively between the participants.

To obtain the license, the gambling operator must submit an application request along with several corporate and operational documents related to the legal entity itself, as well as its directors and shareholders. Licensing Process for Land-Based Gambling The gambling operator that wants to offer land-based gambling activities must obtain a Class 1 license and one or several authorizations.

The Class 3 license is granted only to the Romanian National Lottery. The conditions for obtaining the authorization vary in accordance with the type of gambling activity sought to be performed, and refer to operational aspects such as the game rules for each game offered to the players and the configuration of the gambling premises or technical requirements such as certification of the gambling equipment or development of the reporting solution to the NOG of the aggregated financial and operational data. The legislation sets forth that internet service providers ISPs and all service suppliers for the gambling industry, including payment processors, are bound to comply with the decisions taken by the regulator in relation to unlicensed websites. The licensing and authorization requirements for land-based gambling also apply to online activities; the observations mentioned above regarding the documentation for directors and shareholders are also applicable in connection with the online license. Depending on the type and severity of the breach, the NOG has the power to suspend, revoke or even cancel gambling licenses. If a breach committed by an operator may represent a criminal offense, the NOG is legally obliged to defer the case to the criminal investigation bodies. Online licensed operators are also required to pay an annual responsible gambling contribution of EUR5, Taxes for Licensed B2B Providers. The Legislative Framework The conditions under which the organization and operation of games of chance are permitted in Romania are outlined in the following normative acts: Government Emergency Ordinance No. Regarding land-based gambling, the most developed areas remain those of slot-machine gaming more than licensed operators and fixed-odds betting 27 licensed operators. For online gambling operations, the fiscal regime may differ depending on the jurisdiction of incorporation. As such, an operator holding an online license in Romania as a foreign company is not subject to corporate tax in Romania, unless the respective operation generates a permanent establishment in Romania. Land-based gambling activities are defined as all games of chance that fulfill the legal conditions related to a game of chance, are performed through gaming means installed in Romania, and are not transmitted or performed through any kind of communication system internet, landline or mobile telephone or any other transmission systems. In brief, while the safe server stores rough replica data of the information from the gaming server, the mirror server must contain centralized reports summarising the daily activity and financial results obtained by the operator. In addition, it must be noted that all licensed operators are required to post a guarantee for securing the risk of non-payment of their tax obligations owed towards the state budget. Betting Agencies are the specialized locations for betting activities in which at least one dependent betting terminal must be operated and that cumulatively meet several specific conditions in terms of minimum surface, mandatory equipment, etc. Annual Fees for Land-Based Gambling. The NOG is a specialized body of the central public administration subordinated to the Romanian Government, which has enforcement prerogatives and is also competent to grant licenses and authorizations. The Romanian platform must encapsulate all players with Romanian IP addresses as well as all Romanian citizens who do not have their fiscal residence established in a foreign jurisdiction.