WWin-Williams for all games

07.11.2012. OFFICIAL PAPER of REPUBLIKA SRPSKA - No. 111/12

GAMES OF CHANCE LAW

IX – Internet games of chance

Article 89.

(1) Licence for organizing internet games of chance from article 7, paragraph 5 of this Act can be given to a legal entity who, along with general conditions from article 16, paragraph 1 item f) and article 17, paragraph 1, item e) of this Act fulfills also the special conditions prescribed by this act and sublegal deeds passed on the basis of it.

(2) Along with the application for licence to organize internet games of chance, the following is submitted:
a) Information about the business name and the head office of the legal entity
b) Decision on registration
c) proof of payment of fee from article 17 item e) of this Act
d) general rules of the games
e) Proof by the Tax Administration of the Republic of paid taxes
f) Proof of ownership or right to use the space in which the head office of the organizer of the internet games of chance is located
g) proof of open bank account through which the transactions will be performed when organizing internet games of chance and the number of account
h) serial number of server through which internet games of chance are organized and proof of the place where server is located
i) certified statement of manufacturer of software that there is no hidden functions which could influence the correctness of data
j) proof of ownership or right to use equipment through which internet games of chance are organized
k) statement of the organizer that he was not cancelled the approval before in the country or abroad and that it has not been convicted of a crime of tax and contributions evasion

(3) In order to ensure payout of winnings to players and settlement of the fee for organizing game of chance and other obligations, the organizer is obligated, on an annual basis, not later than 31st January during the period of licence, to deliver the bank guarantee from the Bank, in the amount of 25% of total planned annual costs on the basis of the fee for organizing game of chance in accordance with this Act.

(4) The Administration will activate bank guarantee from the paragraph 3 of this Article in case on non-payment of liabilities from this Act, not later than expiry of five days since the date when the organizer of internet games of chance was obligated to pay monthly amount of fee for organizing game of chance.

Article 90.

(1) The organizer of the Internet games of chance must have technical and functional equipment in the territory of the Republic ie. “hardware” and “software” through which players participate in games of chance via the global Internet network (GIN).

(2) Software from paragraph 1 of this Act is made by legal entity which is registered in accordance with the Act which defines the domain of making and putting into use of software and certified by certified laboratory for certification.

(3) Software from paragraph 1 of this Act can be owned by organizer or the organizer possesses the right to use software for the purpose of organization of internet games of chance.

(4) Hardware from paragraph 1 of this article is owned by the organizer of internet games of chance.

Article 91.

(1) The organizer of internet games of chance is obligated to provide functional IT equipment that enables connecting to information system of Administration for supervision and control of financial transactions.

(2) The organizer of internet games of chance submits to the Administration five different digits (English: username, password) and enables connecting information equipment of the organizer with information system of the Administration for supervision and control of financial transactions.

(3) All the data that relate to the internet games of chance are located in the Republic and are online available to the Administration.

(4) The organizer of internet games of chance provides Administration with continuous access to the following data:
a) user name of registered players with virtual account of players
b) number of virtual account of players (special players account through which he participates in internet games of chance)
c) condition of virtual account of players and
d) current account of total available funds of the players on virtual account.

(5) Organizer of internet games of chance is obligated to provide the copy of original source or backup of data.

Article 92.

1) The organizer of Internet games of chance must have a skilled and specialized staff for organization of the internet games of chance and Director of the organizer and chief accountant must be full time employed and have residence in the Republic.

Article 93.

(1) Financial operations, transactions, payments and payouts of winnings of internet games of chance must be carried out exclusively through the banks with the head office in the Republic.

(2) The amount of funds on the account from paragraph 1 of this article continually, in the period of duration of licence from article 89 of this Act, must correspond at least to total amount of funds on virtual account of players.

(3) Business is conducted in Bosnian marks BAM or in foreign currency.

(4) If the business is conducted in foreign currency, organizer must have earmarked account for payment for each currency.

(5) The organizer of internet games of chance must enable the certified clerks of the Administration, for the purpose of supervision, the access to bank accounts from paragraphs 1 and 4 of this Article in every moment.

Article 94.

Organizer of the Internet games of chance must have website, which shows the following information:
a) business name of the business entity - organizer of internet games of chance
b) head office of the organizer
c) Number of licence for organization of internet games of chance and date of issue
d) the warning that games of chance cause addiction, stress, influence health, as well as possibility of loss of significant funds
e) Links to web sites of organizations which are specialized for assistance to players that have problems of addiction
f) Links to legal texts and procedures for internet games of chance
g) links to the balance sheet and business operations for the last year
h) rules of the game

Article 95.

(1) Every player participates in internet games of chance through any device that has the possibility to enter the internet network.

(2) Players in internet games of chance are obligated to register for the games through internet page of the organizer from article 94 of this Act by filling in the application for registration.

(3) On the occasion of registration, the organizer awards to the player a single number of the account which is unchangeable and through which all transactions are carried out within the system of internet games of chance as well as records of transactions of every player individually.

(4) Application for registration shall contain the following information:
a) Identity of the player, ie.name, surname, address of residence and date of birth of the player
b) desired user name of the player
c) valid e-mail address of the player
d) desired password
e) selection of secret personal question with the answer for confirmation of authenticity of the player during every payout
f) certificate that the player is informed about rules before sending the request for registration

(5) Organizer of the Internet games of chance is obligated to prohibit participation in the game to particular player if not regularly registered for participation in the game.

(6) Organizer of the Internet games of chance must ensure safe and anonymous online list of all participants in the game

(7) Each player can register only with one account at organizer of internet games of chance ie. address of electronic game of chance may be valid only once.

(8) The organizer is obligated to keep all data obtained about players as a business secret and to enable access to those data only in cases prescribed by Law.

(9) The organizer is obligated to enable every player entire insight into movements on its account in every moment.

(10) The organizer is obligated to provide internet domain through which he will access to internet games of chance.

Article 96.

(1) Registered player makes payment for participation in internet games of chance by electronic way so that they are visible immediately after payment, in cash in accordance with paragraph 3 of this article, non-cash, via non-cash operations, its bank account or cards for non-cash payment (credit or debit cards), via electronic transfer or special accounts open in the bank, as well as on another legally prescribed manner that enables electronic operations.

(2) Payments to the account of the players as well as payouts to the players can be carried out only if the player is registered and possesses virtual account at the organizer.

(3) Payments to the account of players and payouts can be carried out in cash in spaces where games of chance are organized for which there is a licence in accordance with this Act, exclusively by electronic way so that any payment is immediately visible to players and Administration.

(4) The organizer of internet games of chance is forbidden to accept payment or effect payout at the cash desk of the organizer if it is not visible at that moment to the player, organizer and Administration or payment effected in other way except the way prescribed in paragraph 1 of this Article.

(5) The organizer of internet games of chance in every payment or payout is obligated to check and confirm registration of the player, to check the game of the player, to check the security and internal procedures relating to account of the player and to ensure that rules relating to game are applied in accordance with the Law.

Article 97.

(1) Organizer of the Internet games of chance must submit to the Administration the rules and procedures relating to Internet games of chance which he organizes and the amount of fee charged to the players for participating in the game.

(2) The organizer may confer promotional bonuses to players for the purpose of promotion of internet games of chance, and the total amount of promotional bonuses at annual level cannot be larger than 30 % of monthly payments.

(3) The amount of conferred promotional bonus to the player is considered to be payment in the game and is deducted from the amount of winning if the winning is accomplished using that bonus.

(4) Minister, upon proposal of the director of Administration, makes the Rulebook by which he prescribes technical conditions, contents of rules and procedure and manner of organizing internet games of chance.

Article 98.

(1) For organization of internet games of chance, the organizer pays a fee in the amount of 5% to the base consisted of the value of total payments decreased by value of total payouts in internet games of chance.

(2) For organization of casino internet games, the organizer pays additional fee of 5% to the base made from accomplished profit in that games.

(3) For organization of internet games of chance on cards, the organizer pays additional fee of 5% to accomplished profit from fee from tables for these kinds of the games of chance.

(4) The fee referred to in paragraphs 1, 2 and 3 of this Article, the organizer is obligated to report to the Administration and pay until 15th day in the month for previous month.

Game of chance law

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