The Gambling Law Review: Malta

Overview

i Definitions

Maltese law permits both online and land-based gambling, and the following forms of gambling are catered for: amusement games, casino gaming, commercial tombola games, commercial communication games, gaming devices, remote gaming, sports betting, the National Lottery and other lotteries, and non-profit games.

Gaming

Maltese law uses the term 'gaming' to cover all gambling activities. The Gaming Definitions Regulations 2018 define 'gaming' as any activity consisting of participating in a game of chance or a game of skill, offering a gaming service or making a gaming supply.

An operator provides a 'gaming service' when it makes a game available for participation by players (whether directly or indirectly, and whether alone or jointly with others) as an economic activity.

On the other hand, a 'gaming supply' is defined as a supply, directly or indirectly, of goods or services, in relation to a gaming service, which is either a material gaming supply or ancillary gaming supply, but which does not include the provision of a key function, as outlined in Section III.

'Authorisation' is defined as a licence, approval, certificate, recognition notice or similar instrument issued by the Malta Gaming Authority (MGA), authorising a person to provide a gaming service, gaming supply or a key function.

'Licence' is defined as a gaming service licence or a critical gaming supply licence.

A 'game of chance' means an activity the outcome of which is determined by chance alone or predominantly by chance and includes activities the outcome of which is determined depending on the occurrence or outcome of one or more future events.

Skill games

A 'game of skill' or 'skill game' is defined as an activity the outcome of which is determined by the use of skill alone or predominantly by the use of skill, but excludes a sport event, unless otherwise established by Maltese law. The MGA has the sole discretion to determine whether an activity is classified as a game of chance, a game of chance and skill or otherwise, and specific rulings may be obtained from the MGA upon submission of a request outlining the proposed game in detail.

Games of skill do not generally require a licence, unless they involve a stake to enable participation or offer the possibility of winning a prize of money or money's worth, in which case they would constitute a 'controlled skill game' and require a licence.

The burden of proving that an activity is a skill game (and therefore not licensable) rests on the party operating or promoting the activity.2

Fantasy sports

The only controlled skills game ruling3 issued by the MGA so far addresses fantasy sports, classifying them as controlled skills games, and therefore licensable. The MGA ruling defined fantasy sports as:

[A] contest offered by means of distance communications, wherein players commit a consideration of monetary value, whether in the form of a stake, periodic subscription or the purchase of in-game items which provide an advantage to the player, to compete against other players for the possibility to win a prize of money or money's worth.

A fantasy sport contest is one where the outcome is determined by the accumulation of the statistical results of the performance of a number of individuals competing in actual sporting events.

The ruling excludes from the definition of fantasy sports the forecasting of the score of sporting events, point spread, or the result of any other future occurrence of one or multiple events. Essentially, the winning outcome must be predominantly determined through the skill or knowledge of the player. The onus of proving the existence of all these factors rests entirely with the applicant.

Lotteries

The National Lottery is Malta's main lottery. The licence for the operation of all National Lottery games is exclusive and was last awarded to National Lottery plc in November 2021 for 10 years.4 The provision of online lotteries is also allowed under Maltese law, and in this respect a remote gaming licence would need to be obtained.

Free prize draws

These types of games draws are exempt from requiring a licence in Malta, based on the principle that games of chance that do not require a stake to enable participation or do not envisage the possibility of a prize are classified as exempt.5 A gaming service or a critical gaming supply that is provided in relation to an exempt game does not require a licence or other authorisation.6

In the case of doubt, the MGA has the sole discretion to conclusively determine whether a game should be classified as exempt.7

De minimis games

Directive 3 of 2019 came into force on 1 February 2019. This Directive was issued in order to establish which games classify as a de minimis exempt game in terms of the Second Schedule to the Gaming Authorisations Regulations. Pursuant to Article 5 of Directive 3 of 2019, a de minimis game shall be a game that satisfies all of the following criteria cumulatively:

  1. a lottery or raffle-type game;
  2. the value of the stake to participate in the game is not more than €1;
  3. the value of the prize is not more than €100; and
  4. the result of the game is not based on the outcome of another game.

The Directive provides that each person or organisation cannot organise more than 10 de minimis games in any calendar year, and that no more than two de minimis games may be organised in any calendar month.

ii Gambling policy

Since the early 2000s, Malta has secured its position as a leading, serious, and well-regulated European remote gaming jurisdiction and is estimated to host around 10 per cent of the world's online gaming companies by trading volume. The Maltese government recognises the importance of the proper regulation of this industry, and its relevance for Malta's economy. In keeping with this recognition, Malta has continued its drive to innovate the legal framework to keep up with industry and technological developments, and in August 2018, a new legal framework was implemented to address market and technological developments and consumer trends, providing a modern, sophisticated, and solid framework for the regulation of remote gaming operators based in Malta or seeking to target the Maltese market. In addition, the MGA continually strives to clarify legal issues as they arise and provides much needed legal certainty by regularly issuing rules and guidance documents.

iii State control and private enterprise

Gambling operations are not owned or operated by the state. However, the National Lottery may only be conducted under ministerial authority, or by any person in whose favour a concession is granted. Where government policy requires that certain gaming services may only be provided when in possession of a government concession, the MGA shall not issue a licence for the carrying out of such a gaming service unless the applicant is in possession of a relevant and valid government concession.

iv Territorial issues

Gambling is regulated and licensed nationally.

v Offshore gambling

The Gaming Act provides that where this Act or any other regulatory instrument prescribe an activity of whatever nature, requires an authorisation to be performed, it shall be an offence to perform such an activity or to promote, aid, abet or otherwise facilitate such an activity unless it is duly authorised.8

If an operator is targeting Maltese players, offering gambling from Malta, or through a Maltese entity, and is not licenced by the authority but is authorised or licensed to operate under any European Union or European Economic Area Member State or by any jurisdiction or territory approved by the MGA, the operator may apply for a recognition notice issued by the MGA. The approval of non-EU or EEA territories by the MGA may be granted where the MGA is of the opinion that such jurisdictions offer equivalent safeguards and levels of player protection as those available under Maltese legislation.

Following Brexit, entities operating in or from Malta on the strength of an authorisation issued to them by the competent authorities in the United Kingdom are still eligible to apply for a recognition with the MGA. This is pursuant to the UK being a state that is deemed by the Maltese Authority to offer safeguards largely equivalent to those offered by Maltese law.9

Since it is not in the MGA's regulatory scope to issue an exhaustive list of approved jurisdictions that may be targeted by Malta operators, it is ultimately the responsibility of the operator intending to target a foreign jurisdiction to ensure that the jurisdiction is reputable and offers equivalent safeguards to the Maltese regulatory regime.

In the case of B2C operators, each operator is expected to ensure that the targeting of any games to players based in any jurisdiction outside of Malta is so targeted in full compliance with the laws of that foreign jurisdiction. The MGA also requires the terms and conditions of each licensee to state that it is the player's responsibility to establish whether their gaming activity is legal according to the laws of the country where the player is based.

In the case of B2B operators, the MGA will only allow the cross-border provision of these B2B services to B2Cs licenced the EU or EEA, or in a well-regulated jurisdiction.

Legal and regulatory framework

i Legislation and jurisprudence

As of March 2021, the legislative framework governing gaming in Malta consists of the Gaming Act, Chapter 583 of the Laws of Malta and subsidiary legislation 583.03–583.12.

The MGA has also issued a number of directives and guidance notes between 2018 and 2021, which are binding on licensees and provide additional guidance to operators in adopting and implementing the laws and regulations.

ii The regulator

The MGA is the primary regulatory body responsible for the governance of all gaming activities in Malta, and this includes both land-based and remote gaming sectors. Its main functions include the issuance of licences, approvals, certificates, recognition notices and the monitoring of the conduct of operators in the field. Furthermore, the MGA is responsible for preventing, detecting, and combatting criminal activity in the gaming sector, as well as ensuring that games are operated and advertised fairly and responsibly.

iii Remote and land-based gambling

While both remote and land-based gambling are permitted in Malta, there are some differences in the regulations that apply to each. By way of example, applicants for a land-based gaming licence are required to seek and obtain approval not only for the gaming devices used, but also the premises from which the licensed gaming devices are operated. The Gaming Authorisations Regulations10 provide that operators in both sectors require a licence, unless exempt.

iv Land-based gambling

Casinos

Casinos are licensed by the MGA; however, obtaining such a licence is dependent on the applicant holding a specific concession from the government to operate the casino. There are currently four licensed casinos operating in Malta.

Betting shops and arcade centres

Controlled gaming premises11 such as betting shops and arcade centres must be licensed, and any person renting out or allowing another person to use the premises as a gaming premises must ensure that the lessee is in possession of a valid approval or licence. Controlled gaming premises differ from gaming premises (casinos) since the latter requires a government concession, whereas controlled gaming premises only need a licence from the Authority.

Bingo halls

Also known in Malta as tombola, these facilities offer the Spanish game of bingo. The numbers range from one to 90, and participants can win cash for the line, house or progressive jackpot. There are currently four approved bingo halls on the island.

Lottery ticket and sale venues

A valid permit is required in order to sell tickets for the National Lottery. An application for this permit is to be made to the MGA by the proposed seller.12

v Remote gambling

Any person providing or carrying out a gaming service13 or providing a critical gaming supply14 from Malta or to any person in Malta, or through a Maltese legal entity, must possess a valid licence or be explicitly exempt from the requirement of a licence15 under the Act or any other regulatory instrument.

The MGA may issue a gaming service licence (B2C) or a critical gaming supply licence (B2B), where both licences are issued with one or more of the below game types:

  1. Type 1 gaming services: games of chance played against the house, the outcome of which is determined by a random number generator, and which includes casino type games, including roulette, blackjack, baccarat, poker played against the house, lotteries, secondary lotteries and virtual sports games.
  2. Type 2 gaming services: games of chance played against house, the outcome of which is not generated randomly, but is determined by the result of an event or competition extraneous to a game of chance, and whereby the operator manages his or her own risk by managing the odds offered to the player.
  3. Type 3 gaming services: games of chance not played against the house and wherein the operator is not exposed to gaming risk, but generates revenue by taking a commission or other charge based on the stakes or the prize, and shall include player versus player games such as poker, bingo, betting exchange and other commission-based games.
  4. Type 4 gaming services: controlled skill games.16

In instances where a game displays element that may be categorised under one or more of the game types, the MGA has complete discretion to categorise the game as the type it believes closest reflects the nature of the game.17

Corporate group licences

Where more than one company within a corporate group would like to obtain a licence, an application for a B2B or B2C corporate group licence may be submitted to the MGA. A B2C corporate group licence may cover entities within the structure that provide critical gaming supplies solely to other entities within the same group. In such instances, an additional B2B licence is not required. However, should entities within the B2C corporate group licence provide critical gaming supplies in or from Malta to entities outside of the group, a separate B2B licence would be required. Corporate entities that are to be covered by the corporate group licence must:

  1. be established in Malta or another EU/EEA jurisdiction. For UK entities, these must have an establishment18 set up within the EU/EEA;
  2. be at least 90 per cent owned by the same shareholder or UBO;19 and
  3. provide a service related to gaming to the group (whether critical, material or non-material).

Recognition notice

Any persons offering licensable games in or from Malta, or through a Maltese-registered entity without an authorisation issued in terms of these Maltese regulations, but under an authorisation issued by another Member State of the EU or EEA or a state deemed by the MGA to offer equivalent safeguards to those offered by Maltese law, may apply to the MGA to have that authorisation recognised in Malta through the issuing of a recognition notice. Once obtained, a recognition notice grants its holder the same benefits as an authorisation issued by the MGA for the purposes of providing a gaming service, gaming supply, key function or any other authorisation in or from Malta.20

vi Ancillary matters

Junkets

Authorised persons holding a licence from the MGA or a concession from the government of Malta seeking to hold a junket event21 are required to apply to the MGA for prior approval.

Amusement machines

Despite their exempt status, amusement machines cannot be placed on the market or made available for sale or distribution or use in any manner in any gaming premises unless the machine has been registered with the MGA, and any applicable administrative fees paid.

Low-risk games

Certain low-risk games, such as non-profit games where the value of the stake does not exceed €5 per player, merely require a low-risk games permit from the MGA. This permit is valid only for the singular event or events for which it is granted and expires once the event or events are concluded. Furthermore, it cannot be renewed or transferred without the MGA's prior approval.

Cruise casinos

Cruise casino operators require a cruise casino permit from the MGA. However, this permit is only valid for a term not exceeding the time during which the cruise ship is moored at or within Maltese territory, and only in relation to registered passengers of the cruise ship. Cruise casino permits are non-transferable and limited to all cruise ships22 with the exception of vessels or aircraft flying or entitled to fly the flag of Malta, or registered in Malta, while the vessel or aircraft is navigating or flying outside and beyond the territorial waters of Malta.

vii Financial payment mechanisms

There are no legislative restrictions in relation to the type of payment mechanisms that licensed operators may implement for the processing of payments from players. The payments sector has become highly specialised, with various payment solutions providers offering innovative approaches to facilitate the acceptance of payments from players. Many of these innovative payment solutions are available to licensees and present in Malta.

With regard to the acceptance of cryptocurrencies, on 1 January 2019, the MGA launched the first of two phases of its Sandbox Regulatory Framework, which included accepting virtual financial assets (VFAs) as valid consideration for the participation in licensed games and the use of distributed ledger technology (DLT) within the gaming industry. During September 2019, the MGA launched the second phase of the Sandbox Regulatory Framework for applicants using innovative technology arrangements (ITAs), such as 'smart contracts' (contemplated by the Innovative Technology Arrangements and Services Act23 (the ITAS Act)), and DLT platforms. In June 2020, the MGA introduced further amendments to the Sandbox Regulatory Framework, including that the authorised person shall be required to submit a legal opinion signed by a registered VFA agent regarding the licensability or otherwise of the services in terms of the Virtual Financial Assets Act (Chapter 590 of the Laws of Malta) (the VFA Act), that shall be undertaken by the authorised person or any service provider engaged by the authorised person within the sandbox environment, or both. Furthermore, authorised persons and outsourcing service providers that are carrying out a licensable activity in terms of the Virtual Financial Assets Act require a licence from the MFSA.

In March 2021, the framework was once again extended to 31 December 2022, and included additional clarifications concerning VFA acceptance criteria, as well as guidelines in determining the applicability of the framework to operators that incorporate DLT assets.

Entities may apply to the MGA for its approval to participate in the Sandbox Regulatory Framework, conditional on the applicant holding the relevant licence issued by the MGA, and subject to their fulfilment of any other regulatory requirements stemming from other applicable legislation, including but not limited to, the VFA Act and the regulations issued thereunder.

The licensing process

i Application and renewal

The application process

It takes a minimum of four months to obtain an MGA licence, and the efficiency thereof depends on the quality of documentation submitted and complexity of the application.

Fit and proper

Through this stage the MGA conducts a fit and proper exercise by assessing all individuals who are involved in the financing and management of the proposed operation. These would typically include all shareholders having a direct or indirect interest of at least 10 per cent, directors and individuals performing key functions.

The MGA undertakes this exercise to ensure that all individuals concerned are competent to perform the functions allocated and also to provide the necessary assurances in the context of the prevention of money laundering and terrorist financing. All relevant persons must be able to satisfy a number of criteria, mainly honesty, integrity, reputation, competence, capability and good financial repute. The degree of review of the aforementioned criteria may vary according to the type of operation and activities proposed by the promoters of the prospective licensee and also the specific position that each individual will occupy. The Authority also conducts probity investigations with other national and international regulatory bodies and law enforcement agencies.

Key functions

Key functions consist of important functions, roles or tasks carried in connection with a gaming service or a gaming supply, and the roles that are considered to be key functions for both B2B and B2C operators are outlined in the Gaming Authorisations and Compliance Directive.

A person may be granted a certificate of approval to perform more than one key function, and the same key function may be provided by more than one person provided that no person may exercise key functions that are, in line with the Key Function Eligibility Criteria Policy,24 deemed to be in conflict with each other. An application for a key function certificate is subject to a fee of €50 per person, per role and is valid for a period of three years, which may be renewed upon application to the MGA.

Business planning

The MGA conducts an in-depth analysis of the applicant's business plan, which must consist of both a detailed narrative outlining the proposed business activities to be undertaken by the company and also a three-year detailed financial forecasts of the proposed operations. The business plan is expected to include a detailed forecast of the operation, together with details pertaining to marketing and distribution strategies, resource and HR planning and growth targets.

Operational and statutory requirements

The MGA's analysis includes examining the company's incorporation documents, the games, company policies and procedures, the application and system architecture and network infrastructure of the gaming and control systems.

On 28 May 2021, the Authority published an amendment to Article 22 of the Player Protection Directive (Directive 2 of 2018), lowering the return to player (RTP) percentage applicable to MGA licensees from 92 per cent to 85 per cent.

Systems review

Once the business plan and company policies and procedures have been reviewed, the MGA will invite the applicant to implement the operation on to a technical environment in preparation for going live. Within the 60-day period, a system audit is carried out and operators may engage any approved audit service provider25 of their choice. Here, the live environment will be examined against the proposed application.

A company providing audit services may apply to the Authority to be added to the list of approved service providers. On 14 October 2021, the MGA launched a consultation paper to communicate and refine its proposal in relation to Revised Audit Service Provider Guidelines, wherein the industry was encouraged to participate until 17 December 2021. The final version of the guidelines are to be published by the Authority during the second quarter of 2022.

Upon successful completion of the certification process, the MGA issues a 10-year licence to the licensee for the approved gaming operation.

Compliance review

The MGA mandates that, after going live, a licensee must undergo a number of compliance audits of its operations performed by an approved service provider appointed by the licensee. These audits need to be completed by the service provider within 90 days of the MGA's notice. The frequency of these audits is determined by the MGA on a risk-based approach.

Failing a compliance audit could lead to the suspension or termination of a licence.

ii Sanctions for non-compliance

The MGA may take the below enforcement measures:

  1. an order directing the operator to do, refrain from, or correct conduct or operation, or both;
  2. a warning directing the operator to do or refrain from doing something in the future;
  3. a condition to any authorisation;
  4. an administrative penalty in terms of Article 25(3) of the Gaming Act for breaches that are not an offence against the Gaming Act.26 These penalties must not exceed €25,000 per breach or non-compliance, and not exceed €500 for each day the breach persists;
  5. an executive police report for breaches against the Gaming Act, and without the possibility of offering a regulatory settlement in lieu of criminal proceedings in line with Article 25(1) of the Gaming Act. These acts may result in fines of over €10,000 but not exceeding €500,000, or imprisonment of up to five years, or both; and
  6. suspension or cancellation of authorisation.

The Third Schedule to the Gaming Act outlines a list of criminal offences that include, inter alia, the provision of a service or supply without the necessary authorisation, aiding, abetting or otherwise such a provision, or failing to effect payments to the Authority when lawfully due. Any person found guilty of a breach stipulated in the Third Schedule is liable to a fine of between €10,000 and €500,000 or imprisonment for up to five years, or both.27

In May 2021, the FIAU published an enforcement factsheet, containing findings and conclusion outlined through analysing enforcement actions undertaken by FIAU during 2019 and 2020.28

Wrongdoing

i Match fixing

The MGA strives to act proactively in managing sports betting integrity and addresses threats posed by match-fixing and malicious sports betting. On 1 October 2021, the Authority shared updates to sports betting integrity, wherein from this date both B2C and B2B operators are to notify the Authority of any instances relating to suspicious betting.

The Authority has also introduced an alerting process, where licensees are being alerted on any suspicious betting activities. This process is beneficial to licensees since it ensures operators are aware of suspicious betting activities on MGA's radar, allows operators to review and enhance their own monitoring systems and increases awareness of risks being faced across the sector.29

ii Money laundering and the funding of terrorism

The Financial Intelligence Analysis Unit (FIAU) is the Maltese enforcement body tasked with the responsibility of preventing of money laundering and countering terrorist finance. The Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR),30 introduced in 2018, subjects gaming operators to the obligation of conducting higher levels of customer due diligence based on risk analysis and imposes steep penalties in the case of non-compliance.

The FIAU has published two separate sets of implementing procedures in terms of the PMLFTR applicable to both land-based casinos and the remote gaming sector.31 These implementing procedures focus on specific areas of the PMLTFR and their application at an industry-specific level, in order to highlight the aspects of relevance, and to ensure they are understood and interpreted consistently by licensees.

In April 2021, the FIAU in collaboration with MGA and MFSA published a document entitled 'The Business Risk Assessment', providing high-level key findings about business risk assessments carried out by subject persons in line with their obligations under the PMLFTR and FIAU Implementing Procedures.32

Taxation

All B2C operators are subject to a gaming tax calculated at the rate of 5 per cent on the gross gaming revenue generated from the said gaming services generated by Maltese players during the relevant tax period. This tax is levied on the gaming revenue, as defined, generated by operators from end customers located in Malta.

There is also a gaming levy imposed on gaming devices, calculated on the aggregate gaming revenue generated during the relevant tax period. The rates of this gaming levy depend on the type of gaming service offered. Gaming devices levies range between 12.5 per cent and 30 per cent.

It should also be noted that operators are obliged to pay a compliance contribution as well as other applicable licence fees to the MGA. The compliance contribution is determined by the gaming revenue generated by the licensee under its MGA licence, and is calculated in accordance with the Gaming Licence Fees Regulation based on the type of gaming service or critical gaming supply offered.33

Maltese residents and domiciled companies are subject to tax on their worldwide income, at the standard corporate tax rate of 35 per cent. However, based on Malta's full-imputation system, upon receipt of a dividend, shareholders of a Maltese company may claim a refund of all or part of the tax paid in Malta at the level of the company, depending on the type and source of the income from which the dividend was paid. Specific tax advice should be obtained in each case.

Value added tax (VAT) is applied at the standard rate of 18 per cent on every taxable supply of goods, services or importation, with lower rates applicable to certain sectors. Two sets of guidelines34 have been published by the Maltese government in relation to the previous gambling VAT exemption. These guidelines became effective on 1 January 2018, and provide a specific list of exemptions applicable to particular gaming activities, wherein these VAT exemptions are exemptions without credit.35

Advertising and marketing

Authorised gaming operators are permitted to advertise and market their products and services subject to various restrictions aimed at protecting minors and vulnerable persons.36 The same restrictions apply to persons providing any service to, or acting in collaboration with, licensed and authorised persons offering a licensable game.

In the event that the MGA determines that there has been a breach of advertising or marketing rules, it is empowered to order the modification, retraction or termination of the respective advert or marketing instrument. The MGA may also take any administrative action it deems necessary, including the issuing of administrative sanctions such as fines.

The year in review

Although 2018 was the year of most significant development in the Maltese gaming legislative framework, 2020 posed its own challenges with the pandemic. The MGA issued communications to its licensees on their social responsibility towards their players. In its communication, the MGA makes it clear that gaming licensees should not encourage, whether directly or indirectly, antisocial behaviour suggesting that gaming can be a solution to the many problems a player may be facing due to the pandemic. Furthermore, no licensee should portray gaming as an alternative to employment or as a future investment, thus presenting it as a solution to financial problems. In addition to this, by virtue of Legal Notice 76 of 2020, multiple lotto booths were closed for a period of time as a safety measure. Games previously transmitted from TVs inside the lotto booths/points of sale were also not permitted.

During November 2021, updates were published by the Authority in relation to licensees' financial reporting obligations and the agreed-upon procedures issued in collaboration with the Malta Institute of Accountants. Through this notice, financial statements are to be audited in accordance with International Standards on Auditing, and prepared in accordance with International Financial Reporting Standards as adopted by the EU. The Malta Institute of Accountants Gaming Committee in collaboration with the MGA issued Technical Releases laying down the professional requirements for the carrying out of such engagements.37

From 3 May 2022, all licence applications are to follow an updated system documentation checklist published by MGA, which includes tweaks to certain policies and procedures, the introduction of sports betting integrity measures and updates to the ongoing Sandbox Regulatory Framework.

Outlook

In view of the current intensifying state of affairs between Russia and Ukraine, the MGA issued a notice on 3 March 2022, reminding licensees of sanctions and monitoring obligations38 and guidance as issued by the Sanctions Monitoring Board (SMB). Through this notice, operators are also reminded to carry out sanctions screening prior to on-boarding a business relationship and thereafter, on a risk-based approach.

Licensees are also being reminded to ensure that systems used for monitoring sanctions are being run effectively and efficiently, to calibrate their systems according to developments of the Russia–Ukraine situation and to react promptly to ensure that customer databases are subject to updated sanctions lists. Finally, geographical risks must be factored in any AML/CFT obligations of the business and economic activity, and sources of wealth and funds of customers.

Footnotes

1 Andrew J Zammit is the managing partner, Jackie Mallia is a senior associate, Ilona Vella is a legal trainee and James Bartolo is a regulatory executive at GVZH Advocates.

2 Gaming Authorisations Regulations 2018, Article 7.

3 Ruling issued in terms of Regulation 8 of the Gaming Authorisations Regulations, issued on 1 August 2018.

4 National Lottery (Continuation of Concession and Licence Terms) Ruling, Directive 1 of 2019.

5 Gaming Authorisations Regulations 2018, Second Schedule Section 1(c).

6 Gaming Authorisations Regulations 2018, Article 5(1).

7 Gaming Authorisations Regulations 2018, Article 5(2).

8 Gaming Act, Chapter 583 of the laws of Malta, Article 13.

9 Gaming Authorisations Regulations, Article 22.

10 Subsidiary legislation 538.05 of the Laws of Malta.

11 Gaming Definitions Regulations, Subsidiary Legislation 583.04 of the Laws of Malta.

12 Directive 1 of 2019 (MGA), Article 7.

13 That is, making a game available for participation by players, whether directly or indirectly, and whether alone or with others, as an economic activity (Article 2, Gaming Definitions Regulations, Subsidiary Legislation 583.04 of the Laws of Malta).

14 That is, a material supply that is (a) indispensable in determining the outcome of game or games forming part of the gaming service; and/or (b) an indispensable component in the processing and, or management of essential regulatory data (Article 2, Gaming Definitions Regulations, Subsidiary Legislation 583.04 of the Laws of Malta).

15 The following games are each deemed to be exempt: a game of skill that does not require a stake to enable participation or does not envisage the possibility of a prize; a game of skill that requires a stake to enable participation and offers the possibility of a prize, unless the MGA issues a ruling determining that such a game of skill is a controlled skill game; a game of chance that does not require a stake to enable participation, and, or does not envisage the possibility of a prize, unless otherwise determined by the MGA in a binding instrument; a de minimis game; a licensable game on board any vessel flying or entitled to fly the flag of Malta or registered in Malta while said vessel is navigating outside the territorial waters of Malta; and Second Schedule to the Gaming Authorisations Regulations, Subsidiary Legislation 583.05 of the Laws of Malta.

16 That is, a skill game that requires a stake to enable participation and or offers the possibility of a winning a prize of money or money's worth and which shall be a licensable game, Gaming Definitions Regulations, Subsidiary legislation 583.04 of the Laws of Malta.

17 First Schedule, Gaming Authorisations Regulations, Subsidiary Legislation 583.05 of the Laws of Malta.

18 The setting up or the acquisition of a legal person, including through capital participation, or the creation of a branch or representative office in the territory of a party, with a view to creating or maintaining lasting economic links, Trade Deal to Article 10 of subsidiary legislation 583.05.

19 Corporate Group Definition, Gaming Definitions Regulations, subsidiary legislation 583.04.

20 Article 22, Gaming Authorisations Regulations, Subsidiary Legislation 583.05 of the Laws of Malta.

21 Type 3 gaming service event, with specific start and end dates, which, in view of its nature, profile and prestige is able to induce high quality players to such gaming premises to compete in said event, and which has been specifically approved as such by the Authority.

22 These cruise ships must be passenger ships used for pleasure voyages with a minimum of three ports of call in three different jurisdictions, which may or may not include Malta, having amenities that include lodging, facilities for all passengers and a minimum capacity of 150 passengers. Article 30, Gaming Authorisations Regulations, Subsidiary Legislation 583.05.

23 Chapter 592 of the Laws of Malta.

26 Third Schedule, Gaming Act CAP 583.

27 Chapter 583 of the Laws of Malta, Gaming Act, Article 23(1).

28 Enforcement Factsheet, May 2021.

29 Updated Measures for Sports Betting Integrity, October 2021.

30 Subsidiary Legislation 373.01of the Laws of Malta.

31 Implementing Procedures may be accessed via the following link: https://fiaumalta.org/consultation-publications/#implementing-procedures.

32 The Business Risk Assessment, April 2021.

33 Gaming Licence Fees Regulations, Subsidiary Legislation 583.03 of the Laws of Malta.

34 Entitled: (1) 'Guidelines on Item 9 of Part Two of the Fifth Schedule to the VAT Act' and (2) 'Guidelines for the determination of the taxable value of gambling and betting services'. These guidelines may be accessed via the following link: https://cfr.gov.mt/en/vat/guidelines_to_certain_VAT_Procedures/Documents/19.%20Guidelines%20on%20Gambling%20and%20Betting%20Actiivities.pdf.

35 Fifth Schedule, VAT Act, Chapter 406 of the Laws of Malta.

36 Advertising and Marketing is governed by (1) The Gaming Commercial Communications Regulations, Subsidiary Legislation 583.09, and (2) Requirements as to Advertisements, Methods of Advertising and Directions Applicable to Gambling Advertisements, Subsidiary Legislation 350.25.

37 Technical Release Audit 02/21 – Gaming Tax Payable and Levy on Gaming Devices, November 2021; Technical Release Audit 02/21 – Player Funds and Jackpot Funds.

38 Article 17(6) of the National Interest (Enabling Powers) Act, CAP 365.

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