Macau - A Regulatory Overview

Laurie Korpi, 01/05/2008
GamblingCompliance Ltd.

To gain a true understanding of Macau’s present and emerging regulatory framework, operators need to understand how a small island which was the first jurisdiction to legalise casino gambling in 1847, has created an environment that generates revenues surpassing even the Las Vegas Strip. With news of a freeze in new casino developments and licenses, along with visa restrictions, this updated report, provides the latest statistics and developments in addition to an in-depth analysis of the principal law, 16/2001.
Asia hosts an array of emerging and potentially emerging markets for the gaming industry. The projected future growth of this region is expected to outstrip that of any other region.

Macau through a long history of legislative and administrative measures, finds itself at the center of this booming region, with a casino industry that has exponentially expanded in recent years due, in part, to its proximity to mainland China where gambling in casinos is prohibited.

This report provides a comprehensive breakdown of the development of the gaming industry in Macau and reveals how a small island which was the first jurisdiction to legalise casino gambling in 1847, has created an environment that generates revenues surpassing even the Las Vegas Strip.

The reader is taken through the historical development of Macau’s laws, cumulating with an analysis of the current legal and regulatory framework. The report includes an in-depth analysis of the principal piece of legislation (Law 16 of 2001), as well as the casino concession contracts which expand upon legislative provisions, as well as, outlining the terms, taxes and fees that concessionaires must abide by in Macau.

The key provisions of Macau’s Anti Money Laundering regime are analysed, as are an exploration of recent and future developments which have or may affect the industry.

To understand the legal and regulatory changes which have shaped the gaming industry in Macau, to place oneself in a position to understand the forces which will drive the future growth in this jurisdiction; and to be able to offer informed opinion on the industry in Macau, one needs to understand the issues examined in this report.

This report is an up to date, accurate and indispensible addition to the commentary on this jurisdiction.

Ask the team at Gambling Compliance about premium options on bundling this report with:
• News and analysis from this jurisdiction written by Gambling Compliance’s inhouse team of journalists,
• Access to any update on the report within a 12 month period,
• Email access to the author of the report to clarify issues raised in the report.

CONTENTS

Background
(including current statistical information)

Part 1
The Evolution of Macau’s Gambling Laws

1.1 The Emergence of Legalised Gambling
1.2 The Emergence of Monopolised Gambling
1.3 Regulatory Developments under STDM’s Concession 1962 – 2002
1.4 The Emergence of VIP Rooms under STDM’s Concession
1.5 Macau’s Gambling Regulations Post Return to China: From Monopoly to Oligopoly: Concessions and Sub-Concessions
1.6 The Influence of Overseas Regulatory Compliance on further transforming Macau Gambling Laws

Part 2
A Closer Look at Some of Macau’s Gambling Laws

2.1 Law 16 of 2001
2.2 Administrative Regulation 6/2002
2.3 Law 5/2004

Part 3
An Analysis of the Casino Concession Contracts - Terms, Taxes and Fees

3.1 The Types of Concessions Generally
3.2.1 Concession Objectives
3.2.2 Concession Term
3.2.3 Capital and Shares of the Concessionaire Company
3.2.4 Financial Capacity and Financing
3.2.5 Investment Plan
3.2.6 Premium Fees
3.2.7 Contribution Fees
3.2.8 Taxes
3.2.9 Guarantee
3.2.10 Supervision
3.2.11 Change of License / Sub-Concession
3.2.12 Gambling Property Ownership Reverting back to Macau SAR

Part 4 Macau’s Anti Money Laundering Regime

4.1 Legislative History
4.2 Administrative Structure
4.3 Law 2/2006
4.4 Administrative Regulation No. 7/2006
4.5 DICJ Instruction No. 2/2006.

Part 5 Future Developments

5.1 Decline in VIP Room Sector Growth
5.2 Internet Casino Gaming Possibilities
5.3 Sports Lottery Possibilities
5.4 Problem Gambling

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