Peru Enacts Law Regulating Online Gambling, Imposes Strict Penalties for Violations
As of February 9, 2024, Peru has become the third South American country to officially legislate online gambling, regulating online casinos and betting houses, joining Colombia and Argentina.
The implementation of Law No. 31557 grants Mincetur (Ministry of Foreign Trade and Tourism) the power to control and supervise the activity, as well as grant the necessary permits for companies to operate legally. As of March 15, more than 145 authorization requests had been received, and to date, more than 20 betting sites have been authorized by Mincetur.
Specific Sanctions
Just as the legislation provides the power to grant licenses, it also has a section dedicated to sanctions and infractions committed by the sites. Those who do not respect the law will be punished.
According to Annex II of the law’s regulations, there are 75 different infractions, which are classified according to their severity. Therefore, there are three levels of administrative sanctions.
Very serious infractions are sanctioned with a fine of between 150 and 200 UIT (Tax Unit), cancellation, or disqualification of the platform. Some examples that correspond to this category are: operating remote games or sports betting without official authorization, not registering players’ bets, and failure to deliver bonuses or pay prizes to customers.
Infractions considered serious result in a fine greater than 50 UIT, up to a maximum of 150 UIT. Finally, there are minor offenses, which can lead to a warning or a financial fine of between 1 and 50 UIT. This level includes infractions such as:
- Preventing Mincetur’s inspection.
- Delivering bonuses or prizes outside the established deadlines.
- Submitting the information requested by Mincetur late and exceeding the deadlines.
What Happens with Precautionary Measures?
Mincetur not only has administrative sanctions, but when it finds infractions of the regulations established by law, it can act through corrective and precautionary measures.
These measures are detailed in the legislation, so they cannot take any company operating in the country by surprise. For example, the IP of a site can be blocked, along with all its URLs and even mobile applications, if they exist.
If the case requires it, the platforms can be temporarily closed, or all activities can be suspended for an indefinite period. In more serious situations, the protocol for confiscation of assets and immobilization of the same can even be activated.
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