The Treasurythrough the Directorate of Casinos and Games of Chance, issued the resolution 172-2022 which prohibits the sale of raffles terminals for pools and other games of chance through mobile devices such as: verifone, tablets, cell phones, laptop or any technological device that is not a computer that is permanently installed in the lottery bank, point of sale or agency.
In addition, the decision of the state body grants a period of 15 days to the owners of lottery banks to proceed to remove from their premises any mobile device used for the sale of raffles.
After this period, the banks will not be able to sell numbers through this modality. Failure to comply with the provisions of said resolution will be sanctioned with the following measures:
· Owners of lottery banks or electronic lottery consortiums and concessionaires: The bank, point of sale or agency will be closed, and the permit for its operations or franchises will be definitively revoked.
· Owners or vendors engaged in the sale of street sweepstakes: they will be submitted to the action of justice for the application of the sanctions established in article 410 of the Dominican Penal Code; Law No. 11-92 that establishes the Tax Code of the Dominican Republic; Law No. 155-17 against money laundering and the financing of terrorism; and any other legal provision that is applicable.
· Natural or legal person developer or provider of software service, maintenance, hosting, operation, sale or marketing of the draw that supports said illegal operations: The provisions of Law No. 53-07 on High Technology Crimes and Offenses and any other applicable legal provision will apply.
The rivers speak
The Treasury resolution dated April 5, 2022 found in front of the Association of Riferos in Pro of Legalization (Asodrepol)who called the decision a “setback.”
The president of Asodrepol, Bishop Carvajaldeplored that the new resolution forces the sector to use desktop computers “which are discontinued.”
He pointed out that in 2019 the Treasury made the mistake of issuing resolution 183-2019, which forced the sector to “use archaic computers that arrive used from abroad and also require the use of investors, a sign of the State’s ignorance of the reality of the sector ” .
He said that in that same year several meetings were held against that resolution, achieving the rectification of the error by the Treasury with resolution 192-2020 that clarifies that “We are free to use any terminal that operates within our banks.” However, he said that history is repeating itself with the new management at the head of the Treasury.
He pointed out that the new decision that he describes as “absurd” forces the rifers to make a millionaire investment in the next 15 days “and be worse off than they started, going back to using inverters and other used equipment, without being able to sell offline ”.
“We are saddened that the Minister of Finance, José Manuel Vicente, has authorized said resolution in ignorance of the Dominican reality and our entity disqualifies that 2019 resolution, which is a setback that affects us all,” he said.
In one of its recitals, the Treasury justified that the decision was taken in response to the complaint of an important part of the owners of lottery banks, electronic lottery dealers and other gambling establishments, who warned about the sale of raffles through of mobile devices operated by the staff of said establishments without the knowledge and authorization of the owner. This action has affected the commercial operation of the sector “becoming an unfair practice for those who operate an establishment, attached to current legal regulations,” the document states.
