ANTIGUA
AND BARBUDA
STATUTORY INSTRUMENTS
1997 No. 20 |
Virtual Casino Wagering and Sports Book Wagering
Regulations made by the Minister under section 27 of the
Free Trade and Processing Zone Act 1994 No. 12 of 1994. |
1. (short title) These regulations
may be cited as Virtual Casino Wagering and Sports Book Wagering Regulations
1997.
2. ( Interpretation) In these Regulations -
"Commission" means the Commission established under the Free Trade
and Processing Zone Act 1994.
"Commissioner" means the Commissioner appointed under the Commissioner
appointed under section 10 of the Free Trade and Processing Zone Act 1994.
3. (Cap. 222) No licence shall
issued to any company unless that company is registered under the International
Business Corporation Act and in possession of a certificate of good standing.
4. (Commission to permit operations outside the zone)
(1) Any company issued with a licence to operate a Virtual Casino Wagering
or Sports Book Wagering shall operate his business in the Free Trade and
Processing Zone.
(2) Notwithstanding subparagraph (1) a licence may be permitted temporary
to operate the business of Virtual Casino Wagering or Sports Book Wagering
in a licensed premises outside the Free Trade and Processing Zone.
5. (Licensed premises)
6. (Procedure for work permit application)
(1) A special work permit is required for all non-citizens to work
in the Free Trade Zone or on a licensed premises only. The regular work
permit issued for working in Antigua and Barbuda is not valid for working
in the Free Trade Zone. Completed application forms for the work permit
must be presented to the Free Trade Zone Commissioner for approval before
submission to the Department of Labour for processing.
(2) The company must issue a letter to the Commissioner on behalf of
applicants for work permits indicating that it accepts responsibility for
the said applicants while they remain within its employment.
(3) All application forms must be stamped, numbered and signed by the
Commissioner before they are submitted to the Department of Labour.
7. (Employment of nationals)
(1) A company licensed to operate Virtual Casino or Sports Book Wagering
shall employ at least three (3) persons who are citizens of Antigua and
Barbuda to each expatriate employee, including Management. in the business
operation of the company.
(2) The commission shall keep a register in which all employees who
are:
(a) citizens of Antigua and Barbuda:
(b) non-citizens of Antigua and Barbuda.
(3) All shall be registered including owners and managers must have
Social Security and Medical Benefit numbers.
(4) Owners shall pay the Social Security, Medical Benefit and Education
Levy Contributions for their employees as well as themselves
8. (Authority of the Commission outside of
the Zone)
(1) All Companies licensed by the Free Trade Zone and permitted temporarily
to operate physically outside the Zone are deemed to be operating under
the authority of the Commission and not as a Satellite Zone. Authority
of Commission outside the Zone. Zone.
(2) The Licensee must promptly inform the Commissioner in writing of
any changes of address or of any employee who has been terminated.
9. (Condition for renewal of licence) Application
for the renewal of work permit shall be accompanied by a certificate from
the Social Security Board the Medical Benefit Board and the Board of Education
that all Contributions required to be paid to these Boards have been paid
up to date. Work permit wall not be renewed until these certificates are
produced
10. (Exemptions and procedure for obtaining
customs exemptions)
(1) Warrants for clearing items which are accorded duty and tax exemption
under the Free Trade and Processing Zone Act, 1994. must be presented to
the Commissioner for approval and affixing of the official stamp of the
Commission. Under normal conditions the processing time is three (3) days
maximum.
(2) All invoices and other documentation required by the Customs. which
include the certified value and the declaration regarding the use of the
item by the company doing the importation must be submitted along with
the warrant.
(3) All imports entering Antigua and Barbuda under the authority of
the Free Trade and Processing Zone Commission must be consigned to the
licensee and must be kept at all times on the licensed premises of the
business operations of the Licensee and are subject to periodic inspection
and review by the Commission.
(4) An inventory of such imports must be presented to the Commission
quarterly or upon request and the Commission reserves the rights to check
and certify the information presented in the inventory.
11. (Prompt information to Commissioner)
The Commissioner must be promptly informed in advance in writing on any
changes in address or expansion of the business operations of a Licensee.
12. (Articles excluded from customs exemptions)
(1) Personal belongings and household items are subject to payment
of customs duty service and handling charges.
(2) Duty and Tax Exemptions on imported items required for the operation
of the business in the Free Trade Zone or licensed premises do not include
service and handling charges.
(3) The Minister responsible for Customs shall determine the service
and handling charges in accordance with section 19(4) of the Free Trade
and Processing Zone Act 1994.
13. (Licence)
(1) The licence fees for Virtual Casino Wagering and Sports Book Wagering
are as prescribed in the Schedule.
(2) A licence fee in respect of each licensee shall remain in force
for five years and shall be reviewed at die end of such period.
(3) The Commission reserves the right to limit the number of off-shore
gaming licences for any given period.
(4) All companies licensed under the Free Trade and Processing Zone
Act are required to have a physical presence in Antigua and Barbuda.
(5) All licences are renewable annually upon the production of evidence
that the company:
(a) is licensed under the International Business Corporation Act and
in possession of a certificate of good standing:
(b) has complied with the provisions of paragraph 7 of this Regulation;
and
(c) is not in breach of any of die conditions of the licence.
(6) A licence is not transferable to a third party and sublicensing
is prohibited.
(7) The licence of any company who contravenes subparagraph (6) shall
be cancelled forthwith by the Commission.
14.(Conditions of licence) The Commission
may cancel a licence if any of the following Conditions of conditions are
breached:
( 1) Attempting to illegally sub-licence other operators under the
Licence granted to one specific operator
(2) Misuse or abuse of Tax and Duty Exemptions and other concessions
or benefits granted by virtue of the Licenceissued by the Free Trade and
Processing Zone.
(3) Sale exchange or disposal of items imported into Antigua and Barbuda
by virue of the licence granted by the Free Trade and Processing Zone without
the consent of the Commission.
(4) Permitting the fraudulent or unlawful use of the Licence or any
part thereof or other privileges and entitlements bestowed by virtue of
the Licence.
(5) Falsification or wilful omission of any information required as
a condition for licensing and for continuing review of the Liccnce or supplying
misleading information.
(6) Failure to meet all committments to players or false information
in advertising or in promoting the business activities of the Licensee.
(7) Employment of workers who do not have the appropriate work permit.
(8) Failure to pay Social Security, Medical Benefit and Education Levy
contributions.
(9) Not having an Established Administrative Office and Company Representative
in Antigua and Barbuda.
(10) The unauthorized use of any telecommunications services or
equipment not approved by the Commissioner.
(11) Any changes or additions to the software after it has been approved
by the Commissioner for use of the Licensee.
(12) Operating a business for which the Operator has not obtained a
licence for that business.
SCHEDULE
The following are the prescribed annual licence fees for Virtual Casino
Wagering and Sports Book wagering.
| Type of Licence |
Annual fees |
| Virtual Casino Wagering |
US$100,000 |
| Sports Book Wagering |
US75,000 |
Multiple Licensing for
Virtual Casino Wagering |
| (i) First virtual gaming licence |
US$100,000 |
| (ii) Second virtual gaming licence |
US$75,000 |
| (iii) Third gaming licence |
US$75,000 |
| (iv) Fourth gaming licence |
US$75,000 |
| (v) Fifth gaming licence |
US$75,000 |
| Multiple licence for Sports Book Wagering |
| (i) First Sports Wagering licence |
US$75,000 |
| (ii) Second Sports Wagering licence |
US$50,000 |
| (iii) Third Sports Wagering licence |
US$50,000 |
| (iv) Fourth Sports Wagering licence |
US$50,000 |
| (v) Fifth Sports Wagering Licence |
US$50,000 |
Made this 18th day of August 1997.