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LAW REGULATING THE OPERATION OF REMOTE GAMING AND ONLINE SPORTS BETTING

TITLE I GENERAL PROVISIONS

Article 1. Purpose This law governs the operation of remote gaming and online sports betting,
hereinafter referred to as "the Law." Its purpose is to establish regulations for the operation of
remote gaming and online sports betting, including the creation of the Tax on Remote Gaming
and Online Sports Betting. Additionally, it designates the competent administrative authority,
defines applicable offenses and sanctions, and outlines the exercise of supervisory, control,
audit, and sanctioning powers within the framework of responsible gaming controls. The law
also addresses policies aimed at protecting minors and individuals excluded from participating
in the regulated games.

Article 2. Objectives The objectives of the Law are as follows:

2.1 Ensure that the operation of remote gaming and online sports betting is conducted with
integrity, honesty, transparency, and equal treatment.

2.2 Protect vulnerable sectors of the population through access controls for minors and the
implementation of responsible gaming policies aimed at preventing the development of
addictive behaviors.

2.3 Prevent the use of remote gaming and online sports betting for the commission of crimes
related to money laundering, financing of terrorism, fraud, computer crimes, and any other
illicit purposes.

Article 3. Definitions and Abbreviations For the purposes of the Law, the following terms are
defined:

3.1 Bet: The action of risking a certain sum of money on the occurrence of an uncertain
outcome related to remote gaming or online sports betting.

3.2 Online sports betting: A remote game characterized by its randomness, conducted on
technological platforms, where bets are placed on the outcome of a sports event or any other
fact or circumstance that may occur in said sports event. (*)

(*) Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, whose text
is as follows: "3.2 Online sports betting: Remote game, characterized by its randomness,
conducted on technological platforms where bets are placed on the outcome of a sports event
or any other fact or circumstance that may occur in said sports event."

3.3 Compliance Certificate: Document issued by an authorized entity to issue compliance


certificates related to the technological platforms of remote gaming and online sports betting.
This document attests to compliance with the technical standards approved by MINCETUR
related to the object of the technical evaluation.

3.4 Tax Code: Approved by Legislative Decree No. 816, whose Unified Text of the Tax Code was
approved by Supreme Decree 133-2013-EF.

3.5 Regular Basic Education: The modality of education covering the levels of early childhood,
primary, or secondary education.

3.6 Sports Event: A scheduled public occurrence in which a sports game takes place,
understood as a set of physical-athletic practices and/or activities that individuals perform
following established rules within a specific area, in order to compete with each other in
pursuit of an uncertain outcome.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"3.6 Sports Event: A scheduled public occurrence in which a sports game takes place,
understood as a set of physical-athletic practices and/or activities requiring skill, ability, or
physical strength that individuals perform following established rules within a specific area.
This includes electronic sports (e-sports) and related activities that may be developed, all for
the purpose of competing against each other in pursuit of an uncertain outcome."

3.7 Remote Games: Remote games of chance that involve making bets different from those
referred to in paragraph 3.2. These games take place on technological platforms using
electronic, telematic, computer, or interactive means and are transmitted through open or
restricted communication networks such as television, internet, fixed or mobile telephony.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"3.7 Remote Games: Remote games of chance that may include skill or skill-based components
involving bets different from those referred to in paragraph 3.2. These games take place on
technological platforms using electronic, telematic, computer, or interactive means and are
transmitted through open or restricted communication networks such as television, internet,
fixed or mobile telephony."

3.8 Gambling: A game whose outcome depends not on the will or skill of the player but on
unpredictable factors.

3.9 Responsible Gaming: Gaming carried out for recreational and social integration purposes
that does not alter the individual's behavior in their personal, family, work, and/or social
spheres.

3.10 Player: A natural person of legal age, either a Peruvian national or a foreign resident in the
country, registered on the technological platforms of authorized remote gaming or online
sports betting exploited by MINCETUR. In the case of a foreigner, the natural person must have
the migratory status of residence in the country, in accordance with the provisions of
paragraph 29.2 of Article 29 of Legislative Decree No. 1350, Legislative Decree on Migrations,
or the regulation that replaces it.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"3.10 Player: A natural person of legal age, either a Peruvian national or a foreigner, registered
on the technological platforms of authorized remote gaming or online sports betting exploited
by MINCETUR."

3.11 Authorized Certification Laboratories: Legal entities established in Peru or abroad,


authorized by MINCETUR to issue compliance certificates and technical reports as a result of
technical evaluations of technological platforms. This includes electronic services, gaming
programs, systems, and components that are integral parts of the technological platforms of
remote gaming or online sports betting.

3.12 LPAG: Law No. 27444, General Administrative Procedure Law, whose Unified Text has been
approved by Supreme Decree No. 004-2019-JUS.

3.13 General Law of Companies: Approved by Law No. 26887.

3.14 Pathological Gambling: Progressive alteration of behavior through an uncontrollable need


to gamble without considering the negative consequences of such behavior.

3.15 MINCETUR: Ministry of Foreign Trade and Tourism.

3.16 Technological Platform: A set of databases, applications, and computer communication


means, resources, and/or hardware and software components through which the operation of
remote gaming or online sports betting is carried out.

3.17 Prize: Monetary retribution obtained by the player as a result of the verification of a
winning play.

3.18 Authorization and Registration Procedure: Administrative homologation procedure


through which the technological platform of remote gaming and/or online sports betting, as
well as gaming programs, progressive systems, payment gateways, among other components
and/or computer services that are integral parts of the technological platforms, are authorized
and registered. This is done in accordance with the provisions of the Law, its Regulation, and
mandatory compliance Directives.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"3.18 Authorization and Registration Procedure: Administrative homologation procedure


through which the technological platform of remote gaming and/or online sports betting, as
well as gaming programs, progressive systems, and other components and/or computer
services that are integral parts of the technological platform, are authorized and registered.
This is done in accordance with the provisions of the Law, its Regulation, and mandatory
compliance Directives."

3.19 Linked Service Providers: Those providers of databases, applications, communication


means, resources, and/or hardware and software components that make up the technological
platforms of remote gaming or online sports betting.

3.20 Regulation: Regulation of this Law.

3.21 Remote Sports Betting Rooms: Establishments where technological platforms for remote
sports betting and remote gaming, authorized for exploitation by MINCETUR, are operated.
These rooms are properly equipped and located in accordance with the provisions of this Law
and the Regulation.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"3.21 Remote Sports Betting Rooms: Establishments where, exclusively or as an additional


activity to the sale of other products or services, technological platforms for remote sports
betting authorized for exploitation by MINCETUR are operated, in accordance with the
provisions of this Law and the Regulation."

3.22 Progressive System: Electronic system of remote gaming associated with an authorized
and registered gaming program. This system allows for the possibility of obtaining a prize that
increases based on a percentage of the bets made, according to the modalities, rules, and
conditions specified in the Regulation.

3.23 SPLAFT: Anti-Money Laundering and Combating the Financing of Terrorism System,
regulated by Law No. 27693, which establishes the Financial Intelligence Unit - Peru, along with
its modifying and regulatory norms.

3.24 SUNAT: National Superintendence of Customs and Tax Administration.

3.25 SBS: Superintendence of Banking and Insurance and Private Pension Fund Administrators.

3.27 Betting Terminals: Electronic devices installed in remote sports betting rooms through
which the bets referred to in paragraph 3.2 are placed.

3.28 UIF-PERU: Financial Intelligence Unit of Peru.

Article 4. Scope of Application This Law applies to the holders of one or more authorizations for
the operation of technological platforms for remote gaming or online sports betting, to legal
entities that operate remote sports betting rooms, and to authorized certification laboratories.

TITLE II

CHAPTER I

COMPETENT AUTHORITY

Article 5. Competent Authority MINCETUR is the national administrative authority responsible


for regulating, authorizing, revoking, overseeing, and sanctioning the operation of remote
gaming and online sports betting.

Article 6. Functions of MINCETUR MINCETUR, as the competent national administrative


authority, is empowered to exercise the following functions:

a) Issue and revoke administrative acts derived from the application of this Law and its
Regulation. b) Enforce corrective and precautionary measures. c) Determine the commission of
administrative offenses and establish corresponding sanctions. d) Issue Directives of mandatory
compliance related to the application of the Law and its Regulation. e) Authorize and qualify
games that can be part of the technological platforms referred to in the Law. f) Carry out
supervisory tasks related to SPLAFT. g) Conduct audits of the technological platforms of remote
gaming and online sports betting, as well as their hardware, software, gaming programs,
progressive systems, main components, and/or services. h) Request the blocking of URL
addresses, IPs, websites, computer applications, and/or payment methods from competent
public or private entities. i) Order the destruction of confiscated assets. j) Maintain the records
established in the Regulation. k) Propose the signing of inter-institutional cooperation
agreements with national or foreign organizations or entities to enhance the implementation
of the Law.
CHAPTER II

ADMINISTRATIVE AUTHORIZATIONS

Article 7. Authorizations for the Operation of Technological Platforms

7.1 Legal entities established in Peru in accordance with the provisions of the General Law of
Companies, as well as branches established in Peru by legal entities established abroad, must
request authorization for the operation of technological platforms for remote gaming or online
sports betting.

7.2 Legal entities established abroad must request authorization for the operation in Peru of
technological platforms for remote gaming and/or online sports betting.

7.3 Authorizations for the operation of technological platforms for remote gaming or online
sports betting are granted independently for each activity covered by an operation
authorization and have a validity period of six (06) calendar years, renewable for an equal
period.

7.4 Authorizations for the operation of technological platforms are personal and, therefore,
non-transferable. They are obtained based on legal, technical, economic-financial, and
background reports in accordance with the provisions of the Regulation.

7.5 MINCETUR informs UIF-PERU and SUNAT about granted authorizations for the operation of
technological platforms, as well as the results of economic-financial evaluations conducted on
the legal entity applicant, partners, managers, directors, and representatives with powers
registered in Public Records.

7.6 The operation of the technological platform for remote gaming or online sports betting, as
appropriate, must be carried out using the authorized domain with the extension "bet.pe"
obtained from a public or private entity or organization responsible for granting domains with
the aforementioned extension. This is provided that the technological platforms for remote
gaming or online sports betting have the corresponding authorizations granted by MINCETUR.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "

7.6 The operation of the technological platform for remote gaming or online sports betting, as
appropriate, must be carried out using the domain with the extension '.bet.pe', '.bet', '.com',
'.pe', or '.com.pe', obtained from a public or private entity or organization responsible for
granting domains with the aforementioned extensions. This is provided that the technological
platforms for remote gaming or online sports betting have the corresponding authorizations
granted by MINCETUR."

Article 8. Authorization and Registration (Homologation)

8.1 Technological platforms for remote gaming or online sports betting, gaming programs,
progressive systems, payment gateways, and main components and/or services are subject to
authorization and registration (homologation) according to the requirements and conditions
established in the Regulation.
Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "8.1 Technological platforms for remote gaming or online sports betting, gaming
programs, progressive systems, and main components and/or services are subject to
authorization and registration (homologation) according to the requirements and conditions
established in the Regulation."

8.2 Technological platforms for remote gaming or online sports betting, gaming programs,
progressive systems, payment gateways, and main components and/or services must have a
Compliance Certificate issued by any of the authorized certification laboratories. This certificate
should verify compliance with the technical standards established in the Law, Regulation, and
mandatory compliance Directives.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"8.2 Technological platforms for remote gaming or online sports betting, gaming programs,
progressive systems, and main components and/or services must have a Compliance Certificate
issued by any of the authorized certification laboratories. This certificate should verify
compliance with the technical standards established in the Law, the Regulation, and mandatory
compliance Directives."

8.3 Authorizations and registrations granted to technological platforms for remote gaming or
online sports betting have a validity period of two (02) calendar years, renewable for an equal
period.

8.4 Authorizations and registrations for gaming programs, progressive systems, payment
gateways, and main components and/or services that are integral parts of authorized and
registered technological platforms with MINCETUR have an indefinite validity period.

Paragraph modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"8.4 Authorizations and registrations of game programs, progressive systems, and main
components and/or services that are an integral part of the authorized and registered
technological platforms before MINCETUR have an indefinite term of validity.

8.5 Updates and/or modifications of the granted authorizations and registrations must be
authorized by MINCETUR, in accordance with the deadlines, requirements, and procedures
established in the Regulation. Article

9. Authorizations for the operation of remote sports betting romos

9.1 MINCETUR authorizes the operation of remote sports betting rooms to legal entities
established in accordance with the General Law of Societies, without prejudice if it is the same
legal entity holding the authorization for a technological platform for the operation of remote
gaming or remote sports betting, or another related legal entity.

9.2 The operating authorization is granted for an authorized and registered remote sports
betting platform, provided that it has previously been the subject of an operating authorization
granted by MINCETUR.
9.3 The validity period of the authorization granted for the operation of remote sports betting
rooms is limited to the validity period of the authorization for the operation of the remote
sports betting platform.

9.4 Operation authorizations are granted for one (01) gaming room and one (01) technological
platform.

Article 10. Authorizations to certification laboratories

MINCETUR authorizes certification laboratories for the technical evaluation of remote gaming
platforms, remote sports betting, game programs, applicable return percentages, betting
terminals, progressive systems, main components, and/or services, which are issued in
accordance with the conditions, requirements, and deadlines established in the Regulation."

CHAPTER III

PLAYERS, BETS, PROGRESSIVE SYSTEMS, BONUSES, GAMING METHODS, AND PAYMENT

Article 11. Verification of the player's condition The identity, age, nationality, or migratory
status of the players is verified by the holder of the authorization for the operation of a
technological platform for remote gaming or remote sports betting, on the occasion of the
player's registration on the technological platform, without prejudice to applicable access
controls and if the bet is made through the gaming methods indicated in paragraph 14.1 of
Article 14 of the Law or in the remote sports betting rooms authorized by MINCETUR.(*)

(*) Article modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "Article 11. Registration and verification of the player's condition

11.1 To acquire the player's condition, it is a prerequisite to register as such, and only once, on
the technological platform for remote gaming or remote sports betting and obtain the
respective user code or account.

11.2 The identity, age, and nationality of the players are verified by the holder of the
authorization for the operation of the technological platform for remote gaming or remote
sports betting, on the occasion of the player's registration on said technological platform.

11.3 The verification of the correspondence between the player's identity and the user code or
account assigned to them as a precondition for making a bet is the responsibility of the holder
of the authorization to operate the technological platform when this is done through the
gaming methods indicated in paragraph 14.1 of Article 14 of the Law, or when it is done in the
remote sports betting rooms authorized by MINCETUR.

Article 12. About the bet

12.1 Acceptance

12.1.1 The acceptance of a bet on technological platforms for remote gaming or remote sports
betting implies the existence of an agreement between the player and the holder of the
authorization to operate said technological platform under the terms and conditions previously
established, and it cannot be subject to variation once the bet is accepted.

12.1.2 The terms and conditions established by the aforementioned holder must be
communicated to the player before accepting the bet. Likewise, they must comply with
constitutional, legal, and/or regulatory standards and be easily accessible on the technological
platforms for remote gaming or remote sports betting.

12.1.3 In the case of remote sports betting, the acceptance of the bet can only occur before or
during the development of the sports event subject to the bet, in accordance with the
conditions and terms of the bet.

12.2 Modalities or types of bets

12.2.1 Holders of technological platforms for remote gaming can use the modalities or types of
bets available on said platforms, provided that such modalities or types of bets do not violate
this Law or the Regulations, affect the randomness of the game, and/or the minimum
percentage of return to the public.

12.2.2 Holders of technological platforms for remote sports betting can use the modalities or
types of bets available on said platforms, provided that such modalities or types of bets do not
violate this Law or the Regulations. 12.3 Conditions

12.3.1 In the case of technological platforms for remote gaming, only those games authorized
and registered with MINCETUR can be the subject of a bet. 12.3.2 In the technological
platforms for remote sports betting, only those sports events that are part of an association,
federation, or national or international sports league can be the subject of a bet.(*)

(*) Clause modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "

12.3.2 In the technological platforms for remote sports betting, only those sports events that
are part of associations, federations, or national or international sports leagues can be the
subject of a bet.

Article 13. Progressive Systems

13.1 The use of progressive systems on technological platforms for remote gaming is allowed,
subject to authorization from MINCETUR and provided that such systems are authorized and
registered.(*)

() Clause modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"13.1 The use of progressive systems on technological platforms for remote gaming and
remote sports betting is allowed, subject to authorization from MINCETUR and provided that
such systems are authorized and registered."

13.2 The prizes offered by holders of an authorization for the operation of technological
platforms for remote gaming using progressive systems cannot exceed 60% of the guaranteed
amount required of them.

Article 14. Gaming Methods

14.1 The permitted gaming methods in the operation of technological platforms for remote
gaming and remote sports betting include personal computers, mobile phones, as well as any
other personal electronic device through which interaction with the technological platform of
the holder of the authorization to operate the technological platform is possible, in accordance
with the provisions of the Law's Regulation.
14.2 Betting terminals can only be installed in remote sports betting gaming rooms, requiring
authorization from MINCETUR for their operation, subject to evaluation by authorized
certification laboratories, in accordance with the Regulation of the Law.

14.3 In the rooms of remote sports betting games, cards, tickets, or any other printed or virtual
gaming medium are provided from the computer applications and/or betting terminals used, as
appropriate.

Article 15. Betting or Prize Payment Methods

15.1 Payment of bets is made with circulating money, credit cards, debit cards, or any other
payment method accepted by the holder of the authorization to operate a technological
platform, except for cryptocurrencies.()

(*) Clause modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text:

"15.1 The player makes payment for their bets with circulating money, credit cards, debit cards,
or any other payment method accepted by the holder of the authorization to operate a
technological platform, except for cryptocurrencies."

15.2 The payment method must allow the identification of the player, as well as the concept of
the transaction carried out, and can only be used by the player registered on the technological
platform where the bet was made, in accordance with the conditions and requirements
established in the Regulation.

15.3 Regarding bets made in gaming rooms for remote sports betting authorized by MINCETUR,
payment is made in cash or using any of the payment methods provided in the preceding
clause.

15.4 The payment method accepted by the holder of the authorization to operate a
technological platform must be unique for each player, and the prize payment must be
delivered only to the player who placed the bet and verified the winning move.

15.5 Prizes obtained are credited to the payment method used by the player for the bet or,
failing that, to an account in their name opened in a financial institution under the supervision
of the SBS.

Modified by Article 1 of Law No. 31806, published on June 28, 2023, with the following text:

"15.5 Prizes obtained are claimed through the payment method chosen by the player or, if not,
through an account in their name opened in a financial institution under the supervision of the
SBS."

Article 16. Bonuses

16.1 Holders of authorization for the operation of technological platforms for remote gaming
or remote sports betting, in addition to the corresponding prize, can provide players with
bonuses as a result of verifying a winning move, to be exchanged for money, in whole or in
part, at the exclusive discretion of the player.

16.2 Likewise, they can provide welcome bonuses or similar, provided that their exchange for
money is not allowed.
16.3 Once the bet is placed using the obtained bonuses, said bet constitutes income for the
operator of the technological platform for the corresponding tax purposes.

CHAPTER IV

DATABASES, SERVERS, ACCESS CONTROLS, DATA TRANSMISSION, AND INFORMATION SECURITY

Article 17. Access Controls for Technological Platforms Technological platforms for remote
gaming and remote sports betting have physical and logical access controls, network security,
and risk management necessary in accordance with current standards for information security
and/or compliance with international standards and/or applicable best practices, to comply
with the provisions of the Law and regulatory standards.

Article 18. Information Security Controls Technological platforms for remote gaming and
remote sports betting have measures and controls that adequately protect the security of the
data contained in the technological platforms, using secure storage and communication
protocols and standard encryption algorithms, in accordance with current regulations and best
practices in information security and personal data protection.

Article 19. Transmission of Technical and Economic Data Technological platforms have
computer applications and redundant connections that allow the real-time transmission of
technical and economic data to MINCETUR and SUNAT, in accordance with the provisions of
thRegulation and mandatory Directives.

Article 20. Servers and Their Physical Location

20.1 Servers of technological platforms for remote gaming or remote sports betting may be
located inside or outside Peru.

20.2 Servers referred to in clause 20.1 must be installed in exclusive-use environments with air
conditioning systems, fire protection, grounding, server redundancy, high availability systems,
uninterruptible power supply systems, as well as systems for protection against unauthorized
physical and logical access, to ensure uninterrupted operation and availability of the service,
according to the conditions and specifications established in the Regulation.

Article 20.3. Holders of authorization for the operation of technological platforms for remote
gaming and/or remote sports betting must have certifications issued by authorized certification
laboratories, certifying compliance with the technical requirements and conditions established
in this Law and the Regulation for the installation and operation of the servers on which the
technological platforms for remote gaming and/or remote sports betting are installed.

Article 21. Access to the player's database

21.1 Holders of authorization for the operation of technological platforms for remote gaming
and/or remote sports betting, directly or through service providers linked to the operation and
exploitation of technological platforms for remote gaming and/or remote sports betting,
provide MINCETUR and/or SUNAT, as established by the Regulation, with the necessary
accesses to obtain information about the operations carried out by registered players on the
technological platforms for remote gaming and/or remote sports betting, as applicable and in
accordance with current regulations on personal data.

21.2 The player's database contains at least information about the bets placed, payment
methods used, prizes and bonuses obtained, as well as cancellations made, without prejudice
to additional information related to money transactions that they perform and established by
the Regulation.

21.3 The player's database must be treated in accordance with the provisions of Law No.
29733, Personal Data Protection Law, and its Regulation.

CHAPTER V

GUARANTEES

Article 22. Guarantee of the holder of the exploitation authorization

22.1 Holders of authorization for the operation of technological platforms for remote gaming
or remote sports betting provide a guarantee in favor of MINCETUR, in support of the
obligations and sanctions arising from the application of this Law.

22.2 The guarantee is enforceable for each authorization to operate technological platforms for
remote gaming or remote sports betting and for each remote sports betting game room
subject to authorization.

Modified by Article 1 of Law No. 31806, published on June 28, 2023, with the following text:

"22.2 The guarantee is enforceable for each authorization to operate technological platforms
for remote gaming or remote sports betting."

Article 23. Guarantee of authorized certification laboratories Authorized certification


laboratories comply with providing a guarantee in favor of MINCETUR in support of the
obligations and sanctions arising from the application of this Law.

Article 24. Characteristics, amount, and renewal of the guarantee

24.1 The guarantee is joint, irrevocable, unconditional, and automatically realized. It is not
subject to seizure or other precautionary measures and takes the form of a bank deposit, bank
guarantee letter, or a surety policy issued by a financial institution under the supervision of the
SBS.**

24.2 The term of the guarantee is one (01) calendar year, which must be renewed for the same
period, one (01) month in advance of its expiration date.

24.3 If the guarantee is not renewed once the validity period has expired, MINCETUR
nullifies the authorizations granted derived from the administrative procedures in which the
presentation of the granted guarantee was required.

24.4 The amount of the guarantee granted for the exploitation of the technological
platforms for remote sports betting or games is equivalent to two hundred (200) Tax Tax Units
(UIT), in force on the date of granting and five ( 05) Additional UIT for each remote sports
betting room subject to authorization.(*)

(*) Numeral modified by Article 1 of Law No. 31806, published on June 28, 2023, whose text is
as follows:

"24.4 The amount of the guarantee granted for the authorization for the exploitation of
remote sports betting or games is equivalent to the greater of 3% of the annual net income or
six hundred tax units (600 UIT) ", in force on the date of its granting. For this purpose, the
difference between the annual gross income received in the previous fiscal year and the total
amount of returns and prizes delivered in the same fiscal year is considered."

24.5 The amount of the guarantee that must be presented by the holders of an
authorization for technological platforms for remote sports betting or games will increase in
proportion to the increase in the net income generated annually by the aforementioned
holders, in accordance with the provisions of the rules.

24.6 The amount of the guarantee granted by the authorized certification laboratories is
one hundred (100) Tax Tax Units (UIT), in force on the date of granting.

Article 25. Execution of the guarantee

25.1 Total or partial execution of the guarantee is carried out through a Resolution
issued by MINCETUR.

25.2 The executed guarantee is replaced within a period that does not exceed fifteen
(15) business days from the date of its execution, without prejudice to the holder of the
authorization to operate the technological platforms of remote games or remote sports
betting, incurs in the commission of any sanctionable administrative infraction or may be
subject to the application of precautionary or corrective measures in accordance with the
provisions of the Regulations.

25.3 The holders of the authorization to operate technological platforms for remote
gaming or remote sports betting, as appropriate, temporarily suspend their activities until the
payment of the required debt is met and the guarantee that was subject is not replaced. of
execution.

25.4 Once the period provided for in section 25.2 of this article has expired, without the
executed guarantee having been replaced, MINCETUR revokes the authorizations granted.

CHAPTER VI OBLIGATIONS AND PROHIBITIONS

Article 26. Obligations of holders of an exploitation authorization

Holders of an authorization to operate technological platforms for online games or online


sports betting are obliged to:

26.1 Ensure that the operation of online games or online sports betting complies with the
purposes outlined in Article 2 of the Law.

26.2 Comply with the regulations governing online games or online sports betting outlined in
the Law, the Regulation, and Mandatory Compliance Directives, as well as regulations
governing the SPLAFT.

26.3 Ensure compliance with the characteristics, functionalities, integration of components and
services, high availability connections, access controls, and information security required by
online gaming and online sports betting technological platforms, in accordance with the
provisions of the Law, its Regulation, Mandatory Compliance Directives, and current
regulations on the subject.

26.4 Have the necessary computer software or programs to establish records, classifications,
due diligence protocols, alerts on transactions and suspicious or unusual patterns of play, or
other aspects subject to control and/or verification, to prevent fraudulent acts or transactions
that violate what is established in the Law, the Regulation, consumer protection rules, or those
regulating the control of money laundering and financing of terrorism, as well as any
information required by the National Superintendence of Customs and Tax Administration
(SUNAT) for the proper control of corresponding tax obligations and everything necessary for
the proper control of such obligations.

26.5 Maintain backup copies and backup and continuity controls that allow the immediate
recovery of the database and transactions generated on the authorized technological
platforms, in accordance with current regulations on personal data and information security.

26.6 Comply with the payment of prizes to players and, if necessary, with the refund of the
entire amount of canceled bets, observing the conditions and deadlines established in the
Regulation, regardless of the betting modality used, gaming methods, payment methods,
and/or terms and conditions established for the offer and acceptance of bets.

26.7 Provide the necessary facilities to the personnel of the Ministry of Foreign Trade and
Tourism (MINCETUR), the National Institute for the Defense of Competition and the Protection
of Intellectual Property (INDECOPI), SUNAT, as well as the personnel of any other administrative
entity that, within their competencies, needs to carry out inspection tasks resulting from the
application of the Law and its Regulation, as well as the Tax Code and regulations governing
taxes.

26.8 Provide SUNAT with usernames and access keys to servers and databases that allow
obtaining information on operations carried out by players registered on the technological
platforms of online games and online sports betting, in accordance with what is established by
the Regulation.

26.9 Promote responsible gaming guidelines and establish voluntary exclusion procedures on
technological platforms for online games or online sports betting, in accordance with what is
stipulated in the Regulation and/or Mandatory Compliance Directives.

26.10 Ensure that, on technological platforms for online games or online sports betting, bets,
prizes, and bonuses are recorded online in the corresponding player's account.

26.11 Redirect the funds deposited by the player on an unauthorized technological platform for
operation in the country to a technological platform that has the required authorization, in
cases where both technological platforms belong to the same holder.

26.12 Maintain an account with a financial or banking institution supervised by the


Superintendence of Banking, Insurance, and Private Pension Fund Administrators (SBS),
exclusively for deposits related to bets made by players. Ensure the deposits remain intact until
the results of the bets are known. The costs for opening and maintaining the financial or
banking account, as well as the payment of taxes on deposit transactions, are the responsibility
of the authorization holder of the technological platform.

26.13 Verify the use of a single payment method per registered user on the technological
platform for online games or online sports betting, ensuring that the ownership of said
payment method corresponds to the identity of the player making the bet.
26.14 Incorporate, in a visible and easily accessible manner on the technological platforms for
online games or online sports betting, the authorization registration code granted by
MINCETUR, the Unique Taxpayer Registry (RUC), and the following warning: "Excessive
participation in online games and sports betting can lead to gambling addiction."

26.15 Maintain the conditions and requirements under which the exploitation authorization
was granted.

26.16 Ensure that, in the rooms of online sports betting, players are properly registered, and
the bets made are recorded online on the technological platforms of online sports betting, in
the corresponding player's account.

26.17 Operate the technological platforms for online games or online sports betting through a
domain with the extension: ".bet.pe". (*)

(*) Numeral modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "26.17 Operate the technological platforms for online games or online sports
betting through a domain with the extension: ".bet.pe", ".bet", ".com", ".pe", or ".com.pe"."

26.18 Verify the identity, age, nationality, or migratory status of players upon their registration
on the platforms for online games or online sports betting. (*)

(*) Numeral modified by Article 1 of Law No. 31806, published on June 28, 2023, with the
following text: "26.18 Verify the identity, age, and nationality of players upon their registration
on the platforms for online games or online sports betting." 26.19 Ensure that service providers
of authorized and registered technological platforms provide MINCETUR and/or SUNAT with
the necessary information and access during the inspection procedures for platforms for online
games or online sports betting.

26.20 Comply with any other obligation established in the Regulation.

Article 27. Prohibitions for holders of an exploitation authorization:

27.1 Exploit unauthorized or expressly prohibited games of chance on technological platforms.

27.2 Exploit online sports betting rooms without the exploitation authorization granted by
MINCETUR.

27.3 Have as a partner, director, manager, or legal representative with registered powers in
Public Registries, individuals who, according to evaluations by MINCETUR, do not meet the
legal, economic-financial, and/or background requirements established in the Law, its
Regulation, and/or mandatory compliance Directives.

27.4 Include in technological platforms betting games on events or occurrences of any nature
that are not related to authorized games or bets for exploitation.

27.5 Include in the advertising of technological platforms for online games or online sports
betting, as well as in online sports betting rooms, minors, including girls, boys, and adolescents.
Prohibit messages directed to this population through real or virtual representations of the
same.
27.6 Establish conditions for making bets in online games or online sports betting that allow
the money obtained as a prize or bonus to be used for new bets that are not part of the taxable
base of the Gaming Tax, as appropriate.

27.7 Make reversals, cancellations, or any other operation, regardless of the name assigned to
it, intended to void the bet made, except in cases provided for in the Regulation.

27.8 Transfer, in whole or in part, the exploitation authorization of technological platforms for
online games or online sports betting granted by MINCETUR.

27.9 Accept bets made by players who are not previously registered on technological platforms
for online games or online sports betting. 27.10 Contravene other prohibitions established in
the Regulation.

Article 28. Prohibition on participating in online games and/or online sports betting:

28.1 Prohibit the participation of minors, including girls, boys, and adolescents, in online games
and/or online sports betting.

28.2 Prohibit the participation of individuals who have influence or impact on the outcome of
the sporting event or any other circumstance that may occur in said sporting event, including
athletes, referees, judges, coaches, and any other participant as established by the Regulation.

28.3 Prohibit the participation of officials and workers of MINCETUR who carry out the tasks of
authorization, inspection, and sanction of service providers.

28.4 Prohibit the participation of partners, directors, managers, representatives, individuals


with executive functions or decision-making powers, and staff of the holder of the exploitation
authorization of technological platforms for online games or online sports betting.

28.5 Prohibit the participation of individuals registered in the Registry of Persons Prohibited
from Accessing Establishments for the Exploitation of Casinos and Slot Machines, managed by
the General Directorate of Casino Games and Slot Machines, or its equivalent, under
MINCETUR.

28.6 Prohibit the participation of other natural persons as determined by the Regulation.

Principio del formulario

Article 29. Minimum distance required for online sports betting rooms:

29.1 Online sports betting rooms must be located no less than one hundred fifty (150) meters,
following the minimum pedestrian route, from temples or education centers where regular
basic education is provided.

29.2 In the case of an online sports betting room installed in a casino game room and/or slot
machine game authorized by MINCETUR, when verifying compliance with the minimum
distance referred to in the preceding paragraph, the minimum distance determined in the
authorization procedure for the operation of the casino game room and/or slot machines
under Law No. 27153 and its amendments must be taken into account.

29.3 The determination of the minimum distance provided for in this article is made following
the rules and conditions established in the Regulation and in mandatory compliance Directives.
"29.4 After the respective exploitation authorization has expired, game rooms can request the
renewal of this authorization without being opposed to the subsequent installation of the
aforementioned temples or education centers within the distance indicated in paragraph
29.1."(*)

(*) Paragraph incorporated by Article 1 of Law No. 31806, published on June 28, 2023.

CHAPTER VII DISSEMINATION OF ADVERTISING AND/OR SPONSORSHIP

Article 30. Prohibition of advertising dissemination:

The dissemination of advertising for technological platforms for online games and online sports
betting, and online sports betting rooms that have not been previously authorized by
MINCETUR, is prohibited.

Article 31. Sponsorship:

Technological platforms authorized by MINCETUR can sponsor companies, natural persons,


events, or activities of any kind, to the extent that sponsorship does not violate existing
legislation.(*)

(*) Article modified by Article 1 of Law No. 31806, published on June 28, 2023, whose text is as
follows: "Article 31. Sponsorship Only the holder of the authorization for the operation of a
technological platform authorized by MINCETUR can sponsor companies, natural persons,
events, or activities of any kind, to the extent that sponsorship does not violate existing
legislation. For this purpose, those who receive such sponsorship verify the authorized status
of the advertiser."

Article 32. Offenses and competent authority:

The non-compliance with the provisions of this chapter constitutes an offense against the
Principle of Legality provided for in Legislative Decree No. 1044, Legislative Decree approving
the Unfair Competition Repression Law, the determination of which falls within the
competence of the National Institute for the Defense of Competition and Protection of
Intellectual Property - INDECOPI.

Article 33. Regulatory rules:

The regulation of the Law establishes the exhibition schedules, as well as the additional
warnings and restrictions that are established, depending on the means of communication
used, for the fulfillment of the purposes set forth in this Law.

CHAPTER VIII OVERSIGHT OF ONLINE GAMING AND ONLINE SPORTS BETTING

Article 34. Oversight actions

34.1 Oversight activities of technological platforms are carried out through physical and/or
logical, in-person, or remote accesses.

34.2 The holder of the authorization to operate an online gaming or online sports betting
technological platform provides MINCETUR with users and/or access keys to servers and
databases, in accordance with the regulations. Additionally, every two (02) calendar years from
the authorization and registration (homologation) or modifications to said authorization and
registration, as applicable, a audit report prepared by one of the Certification Laboratories
authorized by MINCETUR is submitted, in accordance with the terms, deadlines, and conditions
established in the regulations.

34.3 Notwithstanding the above, MINCETUR directly conducts planned or unannounced audits
that are necessary for online gaming or online sports betting technological platforms, or
delegates this task to the Certification Laboratories authorized by MINCETUR.

34.4 MINCETUR may verify the information obtained from oversight actions through service
providers linked to the operation and exploitation of technological platforms for online gaming
and/or online sports betting, as established in the regulations.

CHAPTER IX INFRACTION AND SANCTION REGIME

Article 35. Infractions

35.1 Non-compliance with the provisions of the Law and its Regulation constitutes an
administrative infraction, which may be minor, serious, or very serious.

35.2 The funds collected from the imposition of administrative fines resulting from the
application of the Law and the Regulation are allocated in accordance with current legal
regulations on the matter.

Article 36. Sanctions, corrective, and precautionary measures

36.1 The administrative sanctions applicable to natural or legal persons covered by Article 4 of
the Law who incur administrative infractions are as follows:

a) Warning

b) Fine of 1 to 200 UIT

c) Cancellation of administrative authorization

d) Disqualification for up to 10 (ten) years

e) Permanent disqualification.

36.2 Without prejudice to the aforementioned administrative sanctions, one or more of the
following corrective measures are imposed:

a) Temporary closure of the establishment

b) Temporary suspension of activities

c) Closure of the establishment

d) Seizure of assets

e) Immobilization of assets

f) Blocking of IP addresses, URLs, websites, and/or computer applications.

The corrective measure of temporary suspension of activities also applies when infractions
regulated in the Tax Code are detected, as established by the regulations.
36.3 Furthermore, to ensure the effectiveness of the final resolution to be issued within the
sanctioning procedure, MINCETUR is authorized to impose, temporarily and individually or
collectively, any of the following provisional or precautionary measures as established by
Article 256 of the Single Consolidated Text of the Administrative Procedure Law (TUO de la
LPAG):

a) Temporary closure of the establishment

b) Temporary suspension of activities

c) Asset forfeiture

d) Asset immobilization e) Blocking of IP, URL, websites, and/or computer applications.

Article 37. Procedure for determining infractions and applying sanctions

37.1 The graduation and application of administrative sanctions and measures, as well as the
procedure for determining infractions and applying sanctions, are regulated in the Regulation
of the Law.

37.2 Confiscated and abandoned assets may be donated or destroyed under the conditions
and cases established in the Regulation.

Article 38. Sanctionable Infractions

a) Operating technological platforms for online gaming or online sports betting without prior
administrative authorization.

b) Exploiting gaming programs for online gaming technological platforms without prior
authorization and registration (homologation). c) Operating online gaming or online sports
betting platforms through domains that do not have the extension "bet.pe."

d) Operating online sports betting game rooms without the exploitation authorization granted
by MINCETUR.

e) Exploiting progressive systems for online gaming or online sports betting platforms without
exploitation authorization or corresponding authorization and registration.

f) Exploiting a quantity or type of gaming programs different from what is authorized for online
gaming technological platforms.

g) Preventing, obstructing, or not facilitating the actions established in the Law or Regulation
for the exercise of control and oversight by the competent authority.

h) Modifying the modalities, types, or conditions of the bet once made by the player and
accepted by the exploitation authorization holder of online gaming or online sports betting.

i) Failing to deliver bonuses or payment of prizes won by players, under the established
conditions and deadlines.

j) Not submitting the information required by the competent authority within the established
deadlines.

k) Allowing the placing of bets by individuals not previously registered on online gaming or
online sports betting platforms.
l) Not registering online the bets made in the player's account on online gaming or online
sports betting platforms.

m) Using or allowing the use of fraudulent, irregular, or illegal procedures in the exploitation of
online gaming or online sports betting.

n) Allowing or permitting acts in online gaming or online sports betting platforms, as well as in
online sports betting game rooms, that endanger public health and safety.

o) Allowing access to online gaming or online sports betting platforms by individuals prohibited
from accessing them.

p) Contravening the rules established in the Law or Regulation related to databases, servers,
data transmission, and information security.

q) Failing to comply with the obligations or prohibitions of the holders of administrative records
resulting from the application of this Law that are not related to the authorization of the
exploitation of online gaming or online sports betting.

r) Not maintaining the requirements or conditions provided in the Law or Regulation in online
sports betting game rooms.

s) Not maintaining the conditions under which the authorization to operate online gaming or
online sports betting or the registration in the administrative records resulting from the
application of the Law or Regulation was granted.

t) Entrusting, delegating, or subcontracting with third parties, under any modality or


circumstance, the total or partial performance of tests, trials, consultations, and/or reports by
authorized certification laboratories, regarding compliance with technical standards applicable
to online gaming and online sports betting platforms.

u) Issuing certifications regarding technological platforms, gaming programs, progressive


systems, and components by authorized certification laboratories that do not meet the
technical requirements established in the Law or Regulation.

v) Not providing authorized certification laboratories with facilities for the accredited personnel
of MINCETUR to exercise oversight functions.

w) Not complying with the operating conditions established for online sports betting game
rooms.

x) Contravening other obligations and prohibitions established in the Law and the Regulation.
y) Operating unauthorized and unregistered betting terminals by MINCETUR.

CHAPTER X

TAX ON DISTANCE GAMBLING AND SPORTS BETTING

Article 39. Creation of the Tax on Distance Gambling and Sports Betting

39.1 The Tax on Distance Gambling and Sports Betting is established, which taxes the operation
of distance games and sports betting on technological platforms authorized by MINCETUR.

39.2 The tax is levied on a monthly basis.

Article 40. Taxpayer


Taxpayers are legal entities established in Peru and branches of legal entities established
abroad that operate distance games and/or sports betting on technological platforms.

Amendment: Article 40 was amended by Law No. 31806, published on June 28, 2023. The
amended text states that taxpayers are legal entities referred to in sections 7.1 and 7.2 of
article 7 that operate distance games and/or sports betting on technological platforms.

Article 41. Taxable Base

41.1 The taxable base is determined by considering:

a) Monthly gross income: the sum of bets received in the month, including money or bonuses
applied to the game and other amounts paid by players.

b) Monthly net income: the difference between monthly gross income and the total amount of
refunds and prizes awarded in the same month.

c) If prizes and refunds exceed gross income, the outstanding balance is deducted in the
following months.

d) The taxable base is monthly net income less maintenance expenses of the technological
platform, equivalent to 2% of monthly net income.

41.2 The taxable base is determined independently for each technological platform.

Article 42. Tax Rate

The tax rate is 12% of the taxable base.

Article 43. Tax Administration

SUNAT is the public entity responsible for administering the tax.

Article 44. Allocation of Revenues Generated by the Tax

After the allocation to SUNAT and the Fiscal Tribunal, revenues are distributed as follows:

a) 20% to the Public Treasury.

b) 20% to the Ministry of Health for the mental health program.

c) 40% as Directly Collected Resources of MINCETUR, allocating 25% to control and inspection
tasks and 75% to tourism promotion and development.

d) 20% to the Peruvian Sports Institute (IPD) for nationwide sports promotion and
popularization.

Article 45. Declaration and Payment of the Tax

45.1 Taxpayers must submit the sworn statement and make the monthly payment of the tax
according to the deadlines set in the Tax Code.

45.2 SUNAT will establish, through a superintendence resolution, the form, term, and
conditions for the declaration and payment of the tax.

Article 46. Deductible Expense


The tax paid by taxpayers domiciled in the country is deductible for the determination of
Income Tax, as provided in the Income Tax Law.

Article 47. Tax Offenses and Penalties

Tax offenses and penalties are governed by the provisions of the Tax Code.

Article 48. Financing

The implementation of the law is financed from the institutional budget of the involved
entities, without requiring additional resources from the Public Treasury.

Principio del formulario

FINAL ADDITIONAL PROVISIONS

FIRST. Effectiveness

This law comes into effect sixty (60) days after the publication in the official newspaper "El
Peruano" of the Supreme Decree approving its Regulation.

Amended provision: Amended by Article 1 of Law No. 31806, published on June 28, 2023. The
amended text states that the law comes into effect one hundred and twenty (120) days after
the publication in the official newspaper "El Peruano" of the Supreme Decree approving its
Regulation.

SECOND. Regulation

Through a Supreme Decree, MINCETUR will regulate the law within a period not exceeding one
hundred and twenty (120) business days from the date of publication of the law in the official
newspaper "El Peruano."

THIRD. Actions to Block WEB Pages, IP Addresses, URLs, and Payment Methods

At the request of MINCETUR, the Ministry of Transport and Communications is obliged to take
necessary actions to execute the blocking of WEB pages, IP addresses, URLs, and/or software
applications through which unauthorized technological platforms offer distance games and
sports betting.

FOURTH. Operating Licenses

Under the administrative responsibility of competent officials, municipalities can only grant
operating licenses to holders of authorizations for the operation of technological platforms for
distance games and/or sports betting or to holders of distance sports betting parlors granted by
MINCETUR. MINCETUR will publish the granted operating authorizations for technological
platforms on the institutional website.

FIFTH. Expressly Prohibited Distance Games or Sports Betting

Any distance game or sports betting referred to in the law, regulations, and mandatory
compliance directives conducted without the corresponding authorization qualifies as
expressly prohibited distance gaming or sports betting.

SIXTH. Bets on Horse Racing and Similar Events


Bets on horse racing and similar events conducted at racetracks, teletracks, or establishments
prepared for this purpose are governed by the relevant rules, provided that such bets are made
regarding live horse racing events taking place in Peru, regardless of the means used for their
offering and acceptance.

SEVENTH. Qualification of Administrative Procedures and Payments for Processing Fees

Administrative procedures for the authorization of technological platforms for distance gaming
and sports betting, as well as authorizations resulting from authorization and registration
procedures, qualify as prior evaluation procedures with the application of negative
administrative silence.

Amended provision: The second paragraph was amended by Article 1 of Law No. 31806,
published on June 28, 2023. The amended text states that other administrative procedures
provided for or derived from the application of this law and its regulation qualify as automatic
approval procedures.

Except for administrative sanctioning procedures, procedures provided for or derived from the
application of the law require payment for processing fees as an admissibility requirement. The
implementation and enforceability of this final additional provision must comply with the rules
established in the Administrative Procedure General Law (LPAG).

EIGHTH. Effectiveness of Amendments to Supreme Decree No. 055-99-EF, Single Consolidated


Text of the General Sales Tax and Selective Consumption Tax Law

The modifying additional provisions come into effect on the first calendar day of the month
following the law's effectiveness.

NINTH. Effectiveness of the Tax on Distance Gambling and Sports Betting

The Tax on Distance Gambling and Sports Betting comes into effect on the first calendar day of
the month following the law's effectiveness.

TENTH. Adaptation to the Law

Distance sports betting parlors that, at the law's effective date, are in operation without explicit
exploitation authorization granted by MINCETUR are exempt from the prohibition established
in numeral 29.1 of Article 29. However, they are subject to other requirements established in
the law and regulation for obtaining the corresponding exploitation authorization.

ADDITIONAL MODIFYING PROVISION

SOLE. Modification of Article 55(a) and the Title of Chapter IV, and Incorporation of the Third
Paragraph of Article 52, Article 53(e), Article 56(a)(4), Article 59 (Third Paragraph), and Article
63 (Third Paragraph) of the General Sales Tax and Selective Consumption Tax Law

The following modifications are made to the Supreme Decree No. 055-99-EF, Single
Consolidated Text of the General Sales Tax and Selective Consumption Tax Law:

Article 52 - BIRTH OF TAX OBLIGATION

[...]
In the case of distance gaming and sports betting, the tax obligation arises at the moment the
bet is received, understanding this as the moment it is applied in distance gaming or sports
betting.

Article 53 - TAX SUBJECTS

[...]

e) Holders of authorization for the operation of technological platforms for distance gaming or
sports betting granted by the competent authority.

Article 55 - TAX APPLICATION SYSTEMS

[...]

a) At Value, for goods contained in Literal A of Appendix IV and games of chance and bets,
excluding casino games and slot machines; as well as authorized distance gaming and sports
betting in accordance with the relevant legislation.

[...]

Article 56 - CONCEPTS INCLUDED IN THE TAX BASE

[...]

a) [...]

The value of each bet, in the case of distance gaming and sports betting. For this purpose, a bet
is understood as any money or money-valued bonus applied in distance gaming or sports
betting.

[...]

Article 59 - VALUE SYSTEM AND VALUE SYSTEM ACCORDING TO THE PUBLIC SALE PRICE -
DETERMINATION OF TAX

[...]

In the case of distance gaming and sports betting, the tax is determined for each bet, applying
the established rate in Literal A of Appendix IV on the tax base.

Principio del formulario

CHAPTER IV

CONTROL MECHANISMS AND PAYMENT

Article 63 - DECLARATION AND PAYMENT

[...]

For the subjects referred to in Article 53(e) who are not considered domiciled in the country,
according to Income Tax regulations, the following additional provisions apply:

a) The declaration can be made in the national currency or in United States dollars, in
accordance with the provisions of the corresponding regulatory norm.
b) In case there is an obligation to keep the Special Electronic Registry referred to in Article 63-
A, the declaration must be made in the same currency used in said registry.

c) The time zone considered to determine the birth date of the tax obligation, the filing of
declarations, and payment shall be the Peruvian continental time, which corresponds to
Coordinated Universal Time - GMT, for its initials in English, decreased by 5 hours (GMT-5).

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