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As such, by effect of GEO no. As such, despite being incorporated and having their fiscal residence in other jurisdictions, the foreign-licensed online gambling operators active in Romania and carrying out remote gambling activities on the Romanian territory, in virtue of a Class 1 licence and authorisation issued by the National Gambling Office, are obliged to perform the relevant AML reporting in Romania, and appoint a contact to liaise with the local AML authority. The Romanian gambling regulation comprises certain provisions which, depending on the envisaged business model, may be considered restrictive or cumbersome, such as:. Not qualified as a game of chance, since it lacks one of the mandatory elements provided under Romanian regulation — a monetary prize. National Gambling Office. This regulatory requirement may lead to the conclusion that virtual currencies which cannot enable this identification standard are not permitted under the Romanian gambling regulation. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Also, according to a recent interview of the current President of the National Gambling Office, published on the website www. In terms of sector-specific limits, it is worth noting the prohibition from operating a casino within a hotel having a classification of less than three stars, and the prohibition from placing AWP slot machines within gaming halls dedicated to slots with unlimited stakes and winnings. All in all, it can be concluded that the National Gambling Office has a rather high appetite for control and enforcement, with a view to increase the degree of compliance of operators in the gambling field as a direct consequence of identifying and sanctioning illegal acts in this sector further to performing controls. Not specifically regulated under Romanian gambling legislation. In order to lawfully offer the Relevant Products in Romania, a gambling operator must apply for and obtain both i a Class 1 licence to organise games of chance, as well as ii one or several authorisations to operate games of chance. The method of calculation of this tax is established by Order of the President of the National Gambling Office no. Who regulates it in land-based form? Therefore, any game that lacks one or several of the mandatory elements provided by the legal definition should not be qualified as a game of chance and, in principle, should not be permitted in Romania without obtaining the licences and authorisation s imposed by the gambling regulation. As regards the taxation mechanism for the winnings obtained by players from online gambling operations, until 23 March , the online operator was required to only inform the player and the tax authority about the revenues obtained by the player in the previous year, and afterwards the players themselves were required to file a tax statement regarding the revenues obtained, after which the tax authority would calculate the tax due and issue a decision on the tax which the player was required to pay. Lottery gambling is under the monopoly of the Romanian state. The categories of B2B suppliers for which the National Gambling Office has issued Class 2 licences are the following: manufacturers, distributors as well as other entities performing activities with gaming means or gaming components note: this type of Class 2 licence is relevant for the land-based sector ; 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. Also, several measures regarding the suspension of the activity of gambling operators both in the online and land-based sector have been taken during the past year, while Class 2 licences have been terminated due to non-payment of the annual licence fees. Taxes for land-based gambling For land-based gambling, the licence tax is a flat fee of a specific amount depending on the type of land-based games operated, which may range from EUR 5, per year in the case of tombola or poker clubs to EUR 95, per year for land-based casinos. All entities involved in the gambling industry which hold a licence granted by the Romanian regulator both land-based and online operators, as well as licensed B2B providers are required, pursuant to GEO no. After the Class 1 licence has been revoked, a new application can be submitted after at least one year from the date on which the revocation decision became final.

ICLG - Gambling Laws and Regulations - Romania covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, national gambling act 7 of 2020 restrictions, digital media, enforcement and liability — in 39 jurisdictions.

Also, as per art. Thus, in accordance with GEO no. As regards lottery gambling, GEO no. The relevant provision from GEO no.

The regulator may also decide to suspend the Class 1 licence for situations such as the breach by the operator of its terms and conditions or game rules, which generates damage for the player, continue reading for any other reasons, even though not expressly regulated in the legislation, until the situation is clarified.

In addition, certification and auditing bodies for online gambling operators must set up a guarantee fund in the amount of EURin order to cover the risk of non-payment of obligations to the state budget.

In addition, land-based gambling locations are subject to several restrictions in terms of signalling their activity. Not regulated separately, but falling under the general category of betting.

From said inspections, a total number of contraventions were found, sanctioned with fines amounting to a any play slots no deposit bonus uk 2020 topic of RON 4, approx. As regards online operations, the Secondary Legislation sets forth that authorisation is granted for the entire activity conducted on the same gambling platform, which may be connected to one or several Internet domain names.

In addition, online operators are obliged to inform players who have opted to self-exclude of the possibility of receiving counselling and treatment for gambling addiction at a treatment centre.

Also, on July 18, Law no. GEO no. Class 3 licence to offer lottery gambling in Romania. 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 which is constantly supervised.

Some of the most significant may be deemed to be the following:. In addition, for B2B activities, a specific article provides that carrying out any B2B activities in the absence of the necessary Class 2 licence is considered a minor offence and is sanctioned with a fine ranging between RON 50, and RONand the confiscation of the amounts derived from the illicit activity.

In addition, the regulator shall communicate the information about the unlicensed gambling websites to the payment processors, so that any payments to and from these websites can be blocked.

The amount of the guarantee varies according to the type of gambling activity; being set up either per machine slotper gambling table or per premises and activity for example, for land-based betting, the level of the guarantee is EUR 7, for the activity itself and an additional EUR for each agency, but no more than EURfor that operator.

While the Romanian AML Office may still carry out inspections, it is expected to do so only under exceptional circumstances, leaving this attribution mainly to the National Gambling Office.

The following regulatory initiatives, if enacted, may have a rather significant impact on the Romanian gambling market:. However, it is worth noting that, based on a recent quasi-official interpretation of the Romanian AML Office during a public conference, it now seems that the Romanian AML Office is of the opinion that the new AML Law is also applicable to foreign entities, which implicitly generates additional legal obligations to such operators.

In order to protect consumers from unlicensed gambling activities, the National Gambling Office has the responsibility to identify those websites that enable access from the Romanian territory to online gambling operations which are not licensed in accordance with the local regulation.

As a separate payment obligation, organisers of land-based games of chance are required to contribute EUR 1, per year to the social responsibility activity incepted within the National Gambling Office through GEO no. In line with the regulation, B2C operators are required to hold both a Class 1 licence as well as one or several authorisations in order to offer gambling services in Romania.

Nestor Nestor Diculescu Kingston Petersen. One of the general key limits under the Romanian regulation is the prohibition of minors under 18 years old from participating in any kind of gambling activity.

Based on the annual activity report issued by the National Gambling Authority for the yearduringthe inspectors with control attributions performed a total number of 14, inspections, of which 14, were at the operators licensed and authorised in the field of gambling and related activities, and 61 at Class national gambling act 7 of 2020 licensed B2C operators.

Nevertheless, the legislation also provides for the obligation of the applicant to provide any other data or information as requested by the regulator. Another particularity for online gambling is that, pursuant to GEO no.

As mentioned above, in order to obtain a licence, it is not mandatory for the operator to be established as a Romanian legal entity; it is permitted to apply for the licence as long as the applicant is incorporated in an EU or EEA jurisdiction or the Swiss Confederation. For example, in case of land-based slot-machine gambling, authorisation is granted for each gaming machine the regulation also imposes a minimum of 75 machines to be operated by the same organiser, under the penalty of having all authorisations as well as the licence withdrawn ; while for land-based poker clubs or land-based casinos, authorisation is granted for the location where the respective operations are conducted.

At the same time, following the inspections, a number of 14 criminal complaints were filed for a total estimated damage of RON 8, approx.

The categories of B2B suppliers for click at this page the National Gambling Office has issued Class 2 licences are the following:. As a particularity applicable to land-based activities, revenue obtained by players from casino, poker club, ladbrokes casino bonus code and scratch card operations which does not exceed RON 66, approx.

From the perspective of the players, participation in unlicensed online gambling, from the Romanian territory, represents a minor offence sanctioned by a fine ranging between RON 5, and RON 10, At the time of writing, the regulator has included on the blacklist of unlicensed gambling websites more than 1, domain names the full list is available at: Hyperlink and has instructed all ISPs to block access to these websites and redirect all traffic to an National gambling act 7 of 2020 address that is publicly known to belong to the Special Telecommunications Service a central specialised structure which organises and coordinates the activities in the special telecommunications field for the Romanian public authorities, having a military structure and being part of the national defence system.

Under the Romanian regulation, performing gambling activities in the absence of the necessary licence and authorisation s represents a criminal offence sanctioned by imprisonment or criminal fine.

In the case of land-based casinos, poker clubs or bingo gambling as well as for the Class 2 licence application by providers of casino streaming servicesthe regulation sets forth that in order for the licensing documentation to be put forward for the approval of the regulator, a team formed of representatives of the National Gambling Office and Ministry of Internal Affairs shall conduct a prior inspection of the location in order to ensure that it observes the regulatory conditions.

This could theoretically be interpreted as encompassing all gambling-related activities that require such licence or authorisation, including the performance of B2B activities.

Have fines, licence revocations or other sanctions been enforced in your jurisdiction? EUR 15, is not subject to taxation. In accordance with the Romanian Civil Code, only debts arising from duly licensed and authorised gambling operations are enforceable.

In accordance with GEO no. Such providers are required to obtain a Class 2 licence granted by national gambling act 7 of 2020 National Gambling Office. Romania: Gambling ICLG - Gambling Laws and Regulations - Romania covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 39 jurisdictions.

Moreover, pursuant to GEO no. The authorisation tax for land-based activities is also paid on an annual basis and is calculated by reference to the following criteria:. Please include in this answer any material promotion and advertising restrictions.

The Class 1 licensing and authorisation process may be considered generally straightforward. EURand various goods confiscations. While the Romanian gambling legislation does not specifically regulate the use of virtual currencies for gambling operations, GEO no.

Relevant Authorities and Legislation 1. Not qualified as a game of chance, since it lacks one of the mandatory elements provided under the Romanian regulation — a monetary prize.

The Romanian legislation which impacts upon gambling activities comprises the following main normative acts:. The licensing and authorisation regime for land-based gambling varies by reference to the type of activity for which each of these permits is granted.

The new legislative draft also provides that the documents by which the licence and authorisation of a gambling operator are revoked, suspended or cancelled will immediately be sent to the National Trade Registry Office.

In addition, online licensed operators will have to make an annual contribution of EUR 5, to the social responsibility activity in the field of gambling that has been set up alongside the National Gambling Office for the prevention of gambling addiction. The guarantee is established in the amount of EUR , per type of game organised online casino, online betting, online bingo and keno. The following regulatory initiatives, if enacted, may have a rather significant impact on the Romanian gambling market: Legislative proposal for amending and supplementing the Government Emergency Ordinance no. With the exception of land-based casinos, poker clubs and bingo operations, the legislation regulates a closed-box procedure, all regulatory approvals being granted based exclusively on documents submitted for the analysis of the National Gambling Office, without the applicant or its representative s being present in front of the regulator for the hearing when the application is analysed and voted on. In addition, organisers of land-based games of chance must establish a guarantee fund in order to cover the risk of non-payment of the obligations to the state budget. Even if these decisions were not of a regulatory nature per se, based on certain information available on the market, it seemed that, as of 1 January , at least some Romanian-licensed broadcasters have taken the approach of complying with this decision and have ceased transmitting gambling advertisements between and For land-based gambling, the licence tax is a flat fee of a specific amount depending on the type of land-based games operated, which may range from EUR 5, per year in the case of tombola or poker clubs to EUR 95, per year for land-based casinos. As regards online gambling, the Secondary 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 for players to permanently or temporarily self-exclude from gambling, etc. Also, under the new AML Law, it is the National Gambling Office which is the controlling authority with respect to the prevention of money laundering in the gambling field. However, following the amendment of the Romanian Fiscal Code, as of 23 March , the mechanism has changed in the sense that the online operator now has the obligation to withhold the related tax from each withdrawal performed by the player from the account opened on the platform. Romanian legislation contains certain restrictions related to gambling advertising. In this situation, a new licence application can be submitted after a minimum of five years from the date on which the cancellation decision becomes final in the administrative appeal system, or from the date on which the court judgment becomes final and irrevocable. Also, in order to cover the risk of non-payment of the obligations to the state budget, operators of online gambling must establish a guarantee fund, according to the provisions of GEO no. The Romanian gambling legislation does not provide for different legal regimes for the provision of the Relevant Products, depending on the nationality of the operator. Gambling has also been on the agenda of the National Audiovisual Council since the beginning of The audiovisual regulator has recently summoned several TV stations to enter into legality due to the fact that they broadcast commercials for online gambling services licensed in Romania during timeframes considered by the Council as available to the general public, thereby breaching the principle of protection of minors. The administrative taxes for applying for and obtaining a Class 1 online licence are as follows: i EUR 2, for analysis of the file, paid when the documentation for obtaining the licence is submitted to the National Gambling Office; and ii EUR 8, for the issuance of the licence. Also, according to art. The legislation also imposes certain special taxes for the following categories of land-based gambling:.