SIS Chile

Chile lays new groundwork on gambling criminality 

Chile has advanced the prospects of launching a regulated online gambling and sports betting marketplace as stakeholders have been informed that new articles will be published to strengthen Bill 035/2022.

Authorised in March, the Chilean government has instructed individual departments to work on the legislation and policy provisions of Bill 035/2022. The aim is to launch a regulated and taxed online gambling marketplace by the end of 2023.

This week, the Economic Committee of the Chamber of Deputies informed stakeholders that they will publish 15 new articles related to the pending Bill’s legislative framework.

As explained by Undersecretary Heidi Berner, the new articles will provide the legal context for the government and associated agencies to prosecute criminal activity related to online gambling.

Stakeholders were informed that “for the first time, there will be criminal penalties for those who violate regulations related to online betting platforms in Chile, thereby safeguarding transparency and safety in virtual betting activities.”

The proposal of Article 40 is of particular significance; it will establish the legal context for Chilean authorities to prosecute unlicensed gambling activities.

Further articles will outline charges and penalties for online gambling criminality related to fraud, corruption, and cybercrimes.

As outlined in Article 19 and reported by SBC Noticias: “Thus, anyone who alters or changes a betting event, affecting a market outcome, will face a medium-degree minor imprisonment and a fine of 15 to 20 monthly tax units.”

The publication of new articles sees Chile continue to make steady progress towards launching its desired online gambling marketplace. The Economic Committee is expected to publish its market recommendations on licensing fees and tax proposals for licensed activities.

Further regulatory developments saw Congress establish a special committee to resolve the long-standing dispute between the National Association of Professional Football (ANFP) and the Ministry of Justice over betting partnerships.

The ANFP has opposed the Ministry of Justice’s orders to ban betting partnerships with betting/gambling firms. They argue that Chilean law has no legal precedent to obstruct sponsorships and that the Ministry should focus on updating laws.

The government maintains that by 2023 it will sanction a new gambling framework. This will see Chile transition from its current gambling monopoly structure, limited to three businesses: Loteria Concepción, Polla Chilena (football pools), and Teletrak Chile (pari-mutuel horse racing).

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