Romania Remote Gaming License

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Romanian Remote Gaming License

A Supervisory Committee within the ONJN is assessing the applications and granting the particular licenses/authorizations required by the law.

Intro

In Romania, the Authority responsible for regulating the gambling industry is the ONJN (Oficiul Național pentru Jocuri de Noroc). On the 24th of February 2016, Romania’s Government has finalized and adopted detailed technical and operational regulations for the gambling industry regarding both online and land-based companies. A Supervisory Committee within the ONJN is assessing the applications and granting the particular licenses/authorizations required by the law.

Legislation

The Romanian legislation which impacts upon gambling activities comprises the following main normative acts:

  • Government Emergency Ordinance no. 77/2009 on the organisation and operation of games of chance (“GEO no. 77/2009”);
  • Government Decision no. 111/2016 for the approval of the Methodological Norms for implementation of GEO no. 77/2009 (the “Secondary Legislation”);
  • Government Emergency Ordinance no. 20/2013 on the organisation and functioning of the National Gambling Office and for the modification and supplementation of GEO no. 77/2009;
  • Government Decision no. 298/2013 on the organisation and functioning of the National Gambling Office;
  • Law no. 227/2015 regarding the Fiscal Code (“Romanian Fiscal Code”);
  • Law no. 207/2015 on the Fiscal Procedure Code;
  • Order issued by the President of the National Gambling Office no. 47/2016 for the approval of content, reports and access to information transmitted by remote gambling operators to the National Gambling Office;
  • Order issued by the President of the National Gambling Office no. 48/2016 for the approval of the procedure for fulfilling the conditions for connecting land-based slot machines and betting-type games of chance; and
  • Order issued by the President of the National Gambling Office no. 93/2016 for the approval of the mandatory requirements for certification and audit of the remote gambling systems.

As a matter of principle, the Romanian regulation permits the offering of any of the Relevant Products on the Romanian market, both in land-based and digital/online forms, provided that the necessary licences and authorisation(s) are obtained by the operator intending to offer the respective Relevant Product.

The social/skill games are not expressly regulated under the Romanian gambling legislation and should not normally be qualified as games of chance. Thus, in accordance with GEO no. 77/2009, a game of chance is defined as a product which cumulatively meets the following characteristics:

  • the charging of a participation fee;
  • the game being based on the random selection of results;
  • monetary winnings; and
  • public offering of the respective game by the organiser to the participants.

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.

Licensing Process

A license must be obtained from the ONJN by all operators wishing to organize gambling activities in Romania. After the Committee has successfully evaluated the applicant’s file, a license may be granted individually for a period of 10 years. This excludes the temporary games in which case the license is granted for a limited period of 3 months. Additionally, an authorization must be obtained from the ONJN. The fees related both to the licenses and the authorization are listed below.

The requirements imposed by the ONJN include:

  • Residence in Romania. Operators wishing to offer their services to Romanian gamblers must be residents of Romania, EU or EEA and they must obtain the relevant licenses and authorizations from the ONJN. In case the company is a foreign entity, it must appoint a local authorized representative, whose domicile is in Romania, to deal with the competent authorities in the country and have the power to conclude contracts on its behalf
  • Opening of a bank account with one of the banks in Romania where the operator would need to deposit the players’ money. Licensed remote gaming operators will only be allowed to make payments to players through the payment processors that have been approved by the ONJN
  • Requirements regarding the minimum share capital of the company depending on the type of game it offers
  • A monthly declaration giving details regarding income from games of change as well as the fees due will have to be submitted to the ONJN on a standard form
  • Compliance with the principles regarding the protection of minors as well as with the content of the promotional material used and the locations where they can be displayed

Licensing and authorization fees

I. Gambling organizer’s license fees (annual):

A.            For lottery games: EUR 115 000
B.            For mutual betting: EUR 45 000
C.            For fixed-rate betting: EUR 25 000
D.            For counterpart betting: EUR 25 000
E.            For games of chance characteristic of casinos: EUR 95 000
F.            For games of chance characteristic of poker clubs: EUR 15 000
G.            For slot machine-type games: EUR 20 000
H.            For bingo games taking place in gambling halls: EUR 10 000
I.             For bingo games of chance organized via television network systems: EUR 70 000
J.            For remote games of chance, there are three categories of license as follow:
1st Class Licence: This is granted to operators organizing remote games of chance, who have direct contracts with players, and is calculated according to the organizer’s turnover.
2nd Class Licence: for legal persons involved in the field of traditional and remote games of chance, as well as conformity evaluation bodies. This is subject to a fee of EUR 6000/ year.
3rd Class Licence: for the State monopoly remote games provided for in Article 10(1)(h) of the Emergency Ordinance.
K.            For poker festivals EUR 5 000
L.            For temporary casino-type games (valid three months) EUR 23 750
M.            For temporary slot machine-type games (valid three months) EUR 5 000
N.            For temporary bingo-type games in halls (valid three months) EUR 2 500
O.            For tombola type of games – traditional game EUR 5 000
P.            For video lottery game – traditional game EUR 50 000

II. Gambling operator’s authorization fees (annual):

A.            For traditional lottery-type games:     EUR 180 000
B.            For mutual betting – traditional: 16 % of the organizer’s income from games of chance, as defined in Article 11 of this Emergency Ordinance, but not less than:     EUR 90 000
C.            For fixed-rate betting – traditional: 16 % of the organizer’s income from games of chance, as defined in Article 11 of this Emergency Ordinance, but not less than:     EUR 90 000
D.            For counterpart betting – traditional: 16 % of the organizer’s income from games of chance, as defined in Article 11 of this Emergency Ordinance, but not less than:     EUR 90 000
E. For games of chance characteristic of casinos:
for each table, in the city of Bucharest:     EUR 60 000
for each table, in other locations than the city of Bucharest:     EUR 30 000
F.            For poker clubs:
for each premises, in the city of Bucharest:     EUR 70 000
for each premises, in locations other than the city of Bucharest:     EUR 30 000
G.           For each slot machine-type piece of gaming equipment:
Slot machine Class A   EUR 2 600
Electronic devices offering limited-risk winnings, Class B   EUR 1 500
H.            For bingo games taking place in gambling halls:   EUR 7 000
for each hall, as well as 3 % of the nominal value of cards purchased from Imprimeria Naţională SA, the Romanian National Printing Company, which is paid in advance to the State Treasury; a payment order endorsed by the treasury is presented when the cards are collected
I.             For bingo games of chance organized via television network systems: 16 % of the organizer’s income, as defined in Article 11 of this Emergency Ordinance, but not less than EUR 115 000
J.             For 1st Class remote games of chance: 16 % of the organizer’s income from games of chance, as they are defined in Article 11 of this Emergency Ordinance but no less than EUR 100 000
K.            For 3rd Class remote games of chance: 16 % of the organizer’s income from games of chance, as they are defined in Article 11 of this Emergency Ordinance but no less than  EUR 100 000
L.             For poker festivals    EUR 20 000
M.          for temporary casino-type games (valid three months)    EUR 10 000
N.           for temporary Class A slot machine-type games (valid three months)    EUR 650
O.           for temporary bingo-type games in halls (valid three months)    EUR 1 750
for each location, as well as 3 % of the nominal value of cards purchased from Imprimeria Naţională SA, which is paid in advance to the State Treasury; a payment order endorsed by the treasury is presented when the cards are collected.

P.             for tombola type of games – traditional game: 16% of the organizer’s income from games of chance, as they are defined in Article 11 of this Emergency Ordinance.

Special fees:

A. For video lottery (VLT): 3 % applied to the licensed operator’s income from games of chance. The fee will be transferred in full to the State budget by the 25th day (inclusive) of the following month, in respect of the previous month. The collected fee will be allocated annually under the State Budget Law to the Ministry of Youth and Sport for supporting sports activities at the national level, as well as the financing of sports clubs, centers for children and juniors.

B. Access fee – entry ticket:

  • for games of chance characteristic of casinos:                 RON 50
  • for games of chance characteristic of poker clubs:            RON 30

C.  Vice fee for games of chance characteristic of slot-machines provided ad art. 10(1) letter e) point (i) for video lottery (VLT): EUR 400/authorised station/year, to be paid by the organizer together with the license fee.

D. Administration fees for the remote gambling license application:

Documentation analysis fee: EUR 2.500 paid upon submission of the application for a remote gambling license, together with submission of the documents provided for in this Emergency Ordinance;

License fee: EUR 8.500/year/license.

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