REPUBLIC OF ALBANIA THE ASSEMBLY LAW No. 8701, dated December 1, 2000 On Games on chance, casinos and hippodromes In reliance on articles 78 and 83, point 1of the Constitution, on the proposal of the Council of the Ministers THE ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED: Article 1 Purpose The purpose of this law is to define regulations on the manner of developing the games on chance, casino games and betting sets on games (races) developed in hippodromes, as well as licensing of the organisers. Article 2 Games on chance Definition 1. Games on chance are defined such games, in which the participants pay a certain sum and the fortune factor influences directly both in winning and loss of the participants in any such game. 2. There shall not be defined games on chance: - Competitions developed on the basis of knowledge of participants, whereby the winner is awarded a certain prize set for such purpose. - Payments made by life insurance institutions or other types of insurance through draws held for tickets issued for such purpose. Article 3 Games on chance Categories For the purpose of this law, games on chance are classified in categories as follows: 1 1. Arithmetical Games are such games in which gamblers (participants), out of a matrix of numbers included in the tickets, selects on his choice, a quantity of defined numbers. Participants in such games win in case the numbers selected by such participants match to the numbers of public draw held on such games. Such category shall include the following games: - Abrogated Abrogated - Bingo: A gambling game, where by random drawing come out as many numbers as are needed to have a winning ticket. The gamblers buy tickets, which include a group of numbers, composing part of defined group of numbers. - Abrogated - Abrogated: 2. Lottery on sports games are defined such games, the results of which depend on the accurate prediction of the scores of such competition or any such sports events. Gamblers prediction is included in the tickets (cards) spread out for that purpose by the organiser of such game. The following games are classified in such category: Competition on sports events prediction (forecasting) of football matches or other sports events, by which the participants in the game should exactly predict the scores of such matches included in a ticket issued for such purpose. - Bets by which the score of any kind of game is predicted, collectively or individually, as well as sports events, the nature of which, makes betting possible. Scores of such bets are determined or they are variable. Fixed scores are such that the organiser of such games determines at prior decision and announces such scores to the gamblers prior betting commencement. Variables are such scores depending on the amount collected on various alternatives of one or more games or sports events on the basis of such, predicting is developed and determined after the expiry deadline of handing the cards (tickets) on the concerned predicting. For the purpose of this law, reciprocal forecast on horse race games described or not under article 21 of this law, sports games categories are exempted, and such sports games are developed under the provisions of article 23 of this law. 3. Lotteries are such probability games, by means of such the organiser offers the ticket purchaser the chance to win a certain described amount, if his ticket corresponds to the winning number or a combination of numbers or symbols of the ticket issued by the organiser for that purpose. Lotteries are classified as follow: - 2 Lottery for which numbers are drawn. Such games whereby the participants try to become the winners of a certain amount, if the public draw for this purpose proclaims the selected ticket the winner, instant lottery games. These are described such games where the ticket purchaser is offered the possibility of scratching – off and uncovering the ticket number, within deadline describing the validity of tickets issued. 4. Instant electronic games are such games which are developed by means of electronic computers or electronic machines, located by the organiser at certain places, and through such, the gambler, by paying a specified amount becomes the winner of a certain amount, which he takes either directly from the machine or in a manner priory defined. Article 4 For reviewing the requests on licensing and supervising of the games of chance, under the authority of the Minister of Finance, is established the Committee on games of chance. Responsibilities, organisation, manner and legal form of such a Committee are stipulated by the decision of Council of Ministers. Article 5 Personnel nomination Nomination of personnel of the Committee on games on chance is under the authority of the Minister of Finance, who also approves the number of employees. Article 6 Licence and the organiser 1. On the proposal of the Committee on games on chance, the Minister of Finance issues licences on the establishment of games on chance. Such licence is valid for a 10 years period. In order to receive a licence on establishing games on chance, under the provisions of this law, the organiser shall pay a sum of 10 millions Leks, for any of such games on chance, as follows: - Arithmetical lottery - Lotteries - Sports games - Electronic games Criteria on issuing licence on games on chance are defined by the Decision of Council Ministers. 2. The organiser supplied with licence, in accordance with the provisions provided by this law, exercises the activity on games on chance in all the territory of the Republic of Albania. 3. The permission for exercising activities on games on chance may also be issued by Local Governments, upon prior approval by the Minister of Finance, for juridical persons, with the purpose of financing charitable and humanitarian activities. Such licenses are solely issued for lottery establishment that should be developed at a certain place and at a limited time, and should be connected with specified situations or events. The distribution of income on 3 lotteries provided for under the provisions of this paragraph, are defined by decision of the Council of Ministers. 4. The organiser’s licence shall explicitly define that such organiser is liable to overall expenses necessary for establishment, supervision and functioning of games on chance that such organiser exercises. 5. The Committee on Games on chance proposes tickets standards used by the organiser, and such standards are approved by a special act of the Minister of the Finance. 6. Ministry of Finance shall take measures on emitting tickets in accordance to a proper scheme, as well as distribution and supervision of such tickets in use. Article 7 Obligations of the organiser Licence for establishment and functioning of games on chance is issued solely to any commercial company provided that it meets the following conditions: - It is an anonymous company, with domestic, foreign or joint capital having a P.E on the territory of Republic of Albania. - It declares the founders of such company. - It declares its manager(s) and its chief personnel. - It has a prior agreement with one of the banks with a P.E on the territory of the Republic of Albania for encashment, depositing and payment transfers. - It is supplied with proper technology for functioning of the support system of games on chance, under the meteorological characteristics defined in the law. - It has trained personnel with proper qualification and experience for developing games on chance. - It guarantees sum payments to the winners of games on chance. The manner, form and warranty sums are defined in the licence issued to the organisers, in accordance with the provisions of this law. - It accepts to submit any documentation or data for auditing and supervision purposes, requested by the Committee on Games on Chance. Article 8 Licence revoking The licence issued to the organiser of games on chance, in accordance with the requirements provided for in this law, may be revoked by the Minister of Finance, mainly or on proposal of the Committee on Games on Chance, in case such organiser fails to meet the provisions of this law, as well as other legal acts (regulations), dealing with (concerning) such activity. Licence is revoked, especially in such cases where the organiser fails to fulfil regularly, and within deadlines described, the liabilities to State Budget, to Committee on Games on Chance, to winners and to auditing and supervision bodies, as well as fails to make official announcement on drawings held, which ought to 4 be carried out in the presence of commissions, and a representative of Committee on Games on Chance. Article 9 Tax on the organiser Profits arising from the activities exercised by the organiser of games on chance are taxable under the legal provisions in effect. Article 10 Tax liabilities 1. Profit tax of the company (organizer)is assessed and payable in accordance with the provisions of the law no. 8438, dated 25/12/1998 “On Income Tax”, amended. 2. Income earned by players (winners) that participate in the games of chance and casinos are exempted from income tax. 3. Activities exercised in games of chance that are taxed under the provisions of this are VAT exempt. 4. Tax liabilities are: a) For arithmetical game: “i) The organizer of a bingo game that is exercised for participants in a hall shall pay a tax at a fixed quota, per hall, on monthly basis, respectively 500.000 lek for first category districts, 400.000 leks for second category districts and 300.00 leks for third category” districts” “ii) Organizer of a bingo game that is exercised for participants in a hall is subject to 20% tax on turnover realised on the basis of encashment from tickets sales. Organizer, on any game, is requested to provide the participants with not less than 50 % of the amount collected in the form of profit. b) for sports games; “i. Organizer of competitions on sports events prediction (forecasting) is subject to 20% tax on turnover realised on the basis of encashment from tickets sales. Organizer, on any game, is requested to provide the participants with not less than 50 % of the amount collected in the form of profit. “ii. The organizer of sports bets shall pay a tax at a fixed quota as follows: - 1.000.000 for the company on monthly basis; - 40.000 lek per bet sales point for first category districts; - 30.000 leks per bet sales point for second category districts; - 20.000 leks per bet sales point for third category districts; Organizer, on any game, is requested to distribute to the participants not less than 50 % of the amount collected in the form of profit. c) on electronic games of instant winning organizer of electronic games on instant winning is subject tax on games on chance at a fixed quota, on monthly basis, as follows: 5 - 1.000.000 for the company on monthly basis; - 30.000 lek per computer, as well as 40.000 on any position of electronic machine on any game for first category districts, on monthly basis - 20.000 leks per computer as well 30.000 leks on any position of electronic machine on any game for second category districts, on monthly basis - 14.000 leks per computer, as well as 20.000 lek on any position of electronic machine on any game for third category districts, on monthly basis. Organizer, on any game, is requested to distribute to the participants not less than 50 % of the amount collected in the form of profit ç) On games on chance-lottery game category Organizer of instant lottery game for which a draw is held is subject to 20 % tax of turnover realized on the basis of encashment from tickets sales. Organizer, on any game, is requested to distribute to the participants not less than 50 % of the amount collected in the form of profit. In the cases when the amounts at the disposal of the players of such game is not distributed to winners, then such amount is requested to be distributed in the forthcoming lottery game. 5. For the purpose of provisions of letters “a”, “b”, “c” and “ç” of this article, first category districts include Tirana and Durres, second category include Shkodra, Korca, Vlora, Saranda, Gjirokastra, Elbasani, Fieri, Lushnja, Pogradeci, Berati, Lezha and Kavaja and third category districts include all the remaining districts. 6. Tax liabilities on games on chance, as a percentage or in fixed amounts, shall be payable no later than the 10-th date of each month on the activity exercised in the previous month at the Local Tax Offices where the company (organizer) is registered. Article 11 Licence renewal 1. On the proposal of Committee on Games on Chance, Minister of Finance, renews licence, for a 5-year period, under the same conditions. Payment on licence renewal, under this paragraph, is half of the sum described by article 6 of this law. 2. Organiser of games on chance shall file a request to the Committee on Games on Chance for licence renewal, at least six months before the expiry date of the existing licence. Article 12 The Committee on Games on Chance also exercises the function of requests examination on licensing by the Minister of Finance and Minister of Public Order, on exercising activities on Casino and Hippodrome games. Article 13 6 Casino games 1. Licence on exercising activities on Casino games is issued to the organiser, in accordance with the provision of this law, for a 15-years period. 2. The Council of Ministers, on a special decision, defines the zones where casino games may be established. Minister of Finance and Minister of Public Order, on the proposal of Committee on Games on chance, determine the number of casinos that may operate in such defined zones prescribed by this article. In any case, the licensed organiser, shall not establish more than one casino, in any such zones, under the provision of this law. 3. Organiser liabilities and the conditions to be met for exercising the activity are stipulated in the licence issued for such purpose. 4. All the expenses for casino establishment and functioning shall be borne by the organiser. 5. Organiser may place instant electronic games in casino premises. Establishment conditions and the quantity are defined in the licence issued. Liabilities on such games are the same with such defined for other organisers to such games, the purpose of which is exercising activities on instant electronic games. 6. Regulations on casino functioning, with regard to the conditions being fulfilled by gamblers in the game, casino time-table, the games exercised in it, as well as overall casino organisation, are approved by the Minister of Finance, upon licence issue. Article 14 Casino personnel 1. Casino personnel, shall be at last above 21 years of age, with complete juridical capacity to act, should not be a penal convicted person. 2. The organiser in co-operation with the Committee on Games on Chance and the Ministry of Public Order stipulate casino security manner and control on gamblers in the game upon gamblers entering casino hall. 3. Organiser, himself or in co-operation with public order body where such casino is operating, takes preliminary measures for not permitting under 18 years old persons enter casino premises. 4. Organiser shall submit to Committee on Games on Chance and other authorised persons by the Minister of Finance and to technical control body, any documentation or data requested by the latter, to exercise control and supervise the activity. Article 15 Casino Organiser 1. License on exercising casino activities, is issued to a commercial company, meeting the following conditions: - It has the status of an anonymous company, of domestic capital, foreign-capital, or joint capital, having a P.E in the territory of the Republic of Albania. - Its object of the activity is organising of Casino games. - It has in management body qualified persons possessing professional knowledge on casino functioning. 7 - The stock capital of the company shall not be less than 30 million leks, and not more than one tenth value of such stock capital shall be fixed capital. - It ensures at any moment any sum payment to the gamblers in casino games. - It declares company founders. - It declares company managers and its chief personnel. 2. The manner, form, and specific criteria on organisers selection, as well as the warranty amount and criteria, described in point one (1), paragraph 5 of this article, are stipulated by the decision of the Council of Ministers. Article 16 Licence revocation Ministry of Finance, mainly or on proposal of Committee on Games on Chance, may revoke the licence issued on casino if observing violations to the provisions of this law, to the conditions defined in the license, as well as to other legal acts, dealing with the activity of the taxpayers, and especially if tax liabilities and fees described are not paid, to the State Budget, to the Committee on Games on Chance and to the winners within the deadlines. Article 17 1. In case games on chance, developed in casino, violate or run contrary to common interest, Ministry of Finance, mainly or on proposal of, Committee on Games on Chance, cancels (revokes) the licence on developing such or interrupts the activity without prior notification of the procedures on issuing the licence. 2. Cases, where common interest is violated, under the provisions of paragraph one of this article, are: Public fraud, Money laundering, Violation of public order and promotion of criminality. Article 18 The licence to develop casino games is issued to the organiser, only if, in addition to the requirements under the provisions of article 14 of this law, meets the following conditions: Games shall be developed in halls prior defined for such purpose. Equipment of up-to-date standards shall be in use, in accordance with the technical characteristics described by law for all types of games. Proper personnel, possessing professional skills on such field shall be employed. Premises security, inside and outside the hall where such games are developed, shall have the approval of Minister of Public Order. Article 19 The organiser shall be issued the licence for developing casino games, only upon payment of 30 million leks for any such casino, a sum which is paid only once, upon licence issue. 8 Article 20 The organiser shall not be allowed to establish (set up) a branch, or subsidiary of the company, in the country or abroad, without prior approval of the request by the Minister of Finance. To have the approval, he shall prior submit a request to the Committee on Games on Chance, which is considered by such Committee and is submitted for approval to the Minister of Finance. Article 21 Regulations on Casino games 1. Organiser drafts regulation on each casino game. Such draft is made known to the gamblers participating in any such game. 2. Game regulations shall mainly include: Regulations on the participation manner in the game and determining the maximum and the minimum sum, which is paid on any such game. Requirements for allowing persons entering the casino building. Working hours (Time-table) of casino. 3. Minister of Finance approves the regulation, on the proposal of the Committee on Games on Chance, upon draft reviewing submitted by the organiser. Article 22 Tax liability on casinos 1. Profit tax of the company (organizer) is assessed and payable in accordance with the provisions of the law no. 8438, dated 25/12/1998 “On Income Tax”, amended. 2. Income earned by players (winners) that participate in the games of chance and casinos are exempted from income tax. 3. Activities exercised in games of chance that are taxed under the provisions of this are VAT exempt. 4. Taxpayers exercising their activities in games on chance in casino are subject to the following liabilities: a) on any table of game of chance, roulette, an amount of 800.000 leks on monthly basis; b) on any table of games of playing cards and an amount of 800.000 leks on monthly basis; c) on electronic games and slot machines on instant winning established in the premises of a casino an amount 60.000 leks per month on any electronic computer. For electronic machine supplied with more than one positions, an amount of 80.000 leks on any position, on monthly basis. ç) on electronic machine supplied with more than one positions 20.000 per position on monthly basis; d) to the municipality where casino exercises the activity is transferred an amount of 2% of the amounts collected under the provisions of letters “a”, “b”, “c”, “ç” and “d” of item 4 of this article Article 23 9 Hippodrome 1. To the organiser, filing a request to exercise an activity regarding sports games developed in hippodrome, the licence is issued for a 15-years period by the bodies, defined under the provision of article 11 of this law. 2. The organiser, receiving a licence on horse-race betting, or other races developed in hippodrome, herein after referred to as “race”, shall pay to state a sum amounting to 20 millions leks, which is paid only once, upon licence issue. 3. Organiser provided with a licence on games on chance, established for the reason of the races developed in hippodromes, shall be given the right of constructing a stadium for the races. The concerning permissions for stadium construction have to be ensured by the organiser in accordance with legal provisions in effect. In case of failure to get the permission for hippodrome construction, within a one-year period upon licence issued on developing the games, the organiser is invalidated the licence issued for such purpose, as well as is given the right to be paid back the sum, under the provisions of paragraph 2 of this article, provided that permission is refused for reason not depending on the organiser. 4. The specific conditions of hippodrome functioning, requirements of gamblers participation, time-table of developing races for every week, types of bets, as well as of betting for every game, are stipulated by the game regulation, which is approved by the Minister of Finance upon licence issue. 5. Entering the hippodrome is also permitted to under 18 years-old people, provided they are accompanied by their parents or legal protector. 6. The organiser is allowed to establish instant profit electronic games in hippodrome premises. Establishment requirements and their numbers is stipulated in the licence issued. Liability on the income realised on such games is the same, defined for other organisers on instant profit electronic games. The licence permits the organiser to establish games on chance on predicting the results of the races developed in hippodromes, as well as ticket selling desks, outside hippodrome. 7. Organiser shall inform participants in the game, by means of direct transmitting the races, through information electronic media, as well as to publicise the score (results) of such races (games) in such electronic media, by means of newspapers in circulation in all the territory of Republic of Albania, in all ticket selling desks (shops) or other places, serving the purpose of informing the gamblers in the game. Article 24 1. Licence, on exercising activities for betting on races (games) developed in hippodromes, is issued to a commercial company meeting the following conditions: To be an anonymous company, with domestic, foreign or joint capital, and to have a P.E in the territory of Republic of Albania, as well. 10 The object of the activity shall be the functioning and support of bettings on races developed in hippodrome. Its management bodies shall have qualified persons on horseracing activities. Stock capital of the company shall not be less than 30 mill.leks, and capital in kind shall not exceed 1/10 of such amount. To guarantee (warrant) in any times award sum payments to the gamblers in bets on races developed in hippodrome. To declare its company founders. To declare company managers and its chief personnel. 2. The manner, form and criteria for the selection of the organiser, as well as warranty amount and conditions, described under paragraph 1 and 5 of this article, are stipulated by decision of the Council of Ministers. Article 25 Tax liabilities on hippodromes 1 Profit tax of the company (organizer) is assessed and payable in accordance with the provisions of the law no. 8438, dated 25/12/1998 “On Income Tax”, amended. 2 Income earned by players or winners that participate in the games of chance and casinos are exempted from income tax. 3 Activities exercised in hippodromes that are taxed under the provisions of this law are VAT exempt. 4 Taxpayers that exercise their activities in the field of of organizing games of chance in hippodromes pay their tax liabilities as follows: a) A tax on games of chance at a fixed amount, on monthly basis of 2.000.000 leks for the company; b) A tax on games of chance at a fixed amount, on monthly basis of 40.000 leks for any point of bet sales; c) on electronic games and slot machines on instant winning established in the premises of a casino an amount 40.000 leks per month on any electronic computer or for electronic machine supplied with more than one positions. ç) ) to the municipality where casino exercises the activity is transferred an amount of 2% of the amounts collected under the provisions of letters “a”, “b”, “c”, “ç” and “d” of item 4 of this article Article 26 Licence revocation Ministry of Finance, mainly or on proposal of Committee on Games on Chance, may revoke the licence issued on casino if observing violations to the provisions of this law, to the conditions defined in the license, as well as to other legal acts, dealing with activity of the taxpayers, and especially if tax liabilities and fees are not paid within the deadlines described, to the State Budget, to the Committee on Games on Chance and to the winners. 11 Article 27 Sanctions Exercising of activities, described under the provisions of law, without licence, is fined as follows: on arithmetical lotteries 40 mill. Leks on lottery games 40 mill. Leks lotteries on sports games on chance 40 mill. Leks on electronic machine games 500.000 leks (per machine) on casino games 40 mill. Leks on betting on races in hippodrome 60 mill. Leks 2. Violations of the provisions of this law, by the organiser of games on chance, casino games and games of hippodrome, if not constituting criminal offences, are considered administrative violations and are fined up to 1 million Leks. 3. The procedures for appeal for sanctions to such persons, under this law, is done in accordance with the legal provisions in effect. Article 27/1 Sanctions with regard to taxes 1. Failure to declare and pay an amount of tax liability, in case it does not constitute a penal act, is regarded as an administrative violation and is fined at 50 % of due tax amount. 2. Failure to pay in defined time of tax dues on games of chance, casinos and hippodromes is regarded as administrative violation and is fined at 10 % of the amount paid not on time. 3. In addition to the above sanctions, for failure to pay on time tax dues taxpayer is also liable to interest late payment, in accordance with provisions of the law no.8560, dated 22/12/1999 “On tax Procedures in the Republic of Albania, amended. Article 28 1. Random draw on any game is transmitted directly by the organiser by means of electronic information media covering the whole territory of Republic of Albania, for such games on chance, provided in for by this law, where by persons participating in the game by purchasing ticket, and provided that the game is not developed for participants within the halls or for such, whereby profit (award) is not on instant games. 2. Organiser shall inform the participants in the game its conclusion, such game shall declare the winners of any such game category by means of media, with full coverage and circulation all over the territory of the Republic of Albania. 3. Incurred expenses on publicising, under the specification of paragraphs 1 and 2 of this law, are borne by such organiser. Article 29 12 Final provisions The Council of Ministers is charged with issuing regulations for implementation of articles 4, 10, 13, 15, 22, 24 and 25 of this law. Article 30 Annual renewal on existing licences, upon entry into effect of this law, is made in accordance with criteria provided under this law. Article 31 Law no. 7871 dated no. 9, 1994 “On games on chance and casinos” as well as any other provisions that run contrary with provisions of this law, are repealed. Article 32 This law becomes effective 15 days after publication in Official Newspaper. Note: This law is updated including the amendments and changes made by law no.9459, dated 21/12/2005 13
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