MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés, Lektou
defines the phases and deadlines for application, evaluation, and awarding. Gaming Promoters There is no set timeline for gaming promoter licenc- es. The time required for approval depends on how quickly applicants meet all specified requirements, as each application undergoes a detailed review to ensure compliance with regulatory standards. Gaming Equipment Manufacturers and Distributors There is no set timeline for the authorisation to be granted. As with gaming promoters, the time required for approval depends on how quickly applicants meet all specified requirements, as each application under- goes a detailed review to ensure compliance with regulatory standards. 4.8 Application Fees Macau’s casino concession tender process establish- es clear guidelines to ensure that applicants meet the highest standards for operating gaming activities. The tender programme specifies minimum requirements for applicant eligibility, including financial capacity, suitability, and the ability to contribute positively to Macau SAR. Applicants must also offer terms that align with the proper and advantageous operation of casino games in Macau. To participate, applicants must provide a guarantee deposit, the amount of which is set by an order from the Chief Executive. 4.9 Ongoing Annual Fees Casino concessionaires in Macau are obligated to pay an annual premium, consisting of a fixed and a vari- able portion, for the right to operate games of chance. The fixed portion is currently set at MOP30 million, as determined by the Chief Executive’s Dispatch No 215/2001. The variable portion is based on the spe- cific gaming activities conducted, with costs assigned per type of gaming table and machine: VIP tables incur MOP300,000 each, non-VIP tables MOP150,000 each, and gaming machines MOP1,000 each. Con- tracts also establish a minimum guaranteed amount for this variable premium portion, regardless of the number of tables operated.
A special premium applies when gaming tables or machines fail to meet an annual minimum gross revenue, as set in Dispatch No 162/2022. This spe- cial premium is MOP7 million per gaming table and MOP300,000 per gaming machine and compensates for the difference between actual and minimum rev- enue. Additionally, concessionaires must make special con- tributions during the concession term. These include a 2% contribution of the GGR to a public fund for cultural, social, and educational initiatives, and a 3% contribution to support urban development, tourism promotion, and social security. The Chief Executive may reduce or waive these contributions under spe- cific conditions, such as efforts to expand customer markets or the occurrence of extraordinary, unfore- seen events that negatively impact Macau’s economy and casino operations. Regarding gaming promoters, under Dispatch No 232/2022, there are specific fees for gaming promot- ers and collaborators, as follows. • Gaming Promoter Licence – issuance and renewal fees are set at MOP3,000, with a MOP500 fee for a replacement copy. • Collaborator Authorisation – issuance and renewal fees are MOP1,500, and a replacement copy incurs a fee of MOP200. 4.10 Personal Licensing Macau’s gaming legislation does not create individual “personal licences” but requires that certain persons involved in the supervision, management, and opera- tion of casino gaming be suitable to perform their functions. Persons subject to suitability verification include: • the directors of concessionaires, gaming promot- ers, management companies, and gaming-machine manufacturers; • key employees occupying senior positions in operations, finance, administration, compliance, human resources, legal affairs, and IT; and • collaborators engaged by gaming promoters to assist in gaming-promotion activities.
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