MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés, Lektou
financing. If customer due diligence alerts a patron to the investigation, it is permissible to delay actions as long as the transaction is still reported as suspicious. Internal AML Programme Requirements Casinos must also maintain an internal AML pro- gramme that includes continuous staff training and assessments of their control systems to ensure AML/ CFT measures are effective. The Chief Executive sets specific AML programme standards, considering Financial Action Task Force (FATF) recommendations and evaluation reports, to enhance the effectiveness of these preventative measures. The primary regulatory bodies overseeing advertis- ing in Macau include the Economic and Technological Development Bureau (DSEDT), which monitors com- pliance with advertising standards, and the Gaming Inspection and Coordination Bureau, which specifi- cally regulates advertising within the gaming industry. 9.2 Definition of Advertising There is no specific definition of advertisement of gaming in Macau. Nonetheless, under Law No 7/89 (Macau’s Advertising Law, which is currently under review – see 1.1 Current Outlook and Recent Chang- es ) an advertisement is broadly defined as any public communication intended to promote products, servic- es, or activities, regardless of the medium used. This definition includes all promotional materials aimed at influencing consumer behaviour or raising awareness of a specific activity or service. 9.3 Key Legal, Regulatory and Licensing Provisions Promotional activities within casinos require the DICJ’s approval. 9.4 Restrictions on Advertising Law No 7/89/M regulates advertising content and methods, with specific restrictions on games of chance. Advertising that directly promotes games of chance is prohibited, although information related to gaming can be shared in limited contexts like clas- 9. Advertising 9.1 Regulatory/Supervisory Agency
sified listings or yearbooks. The law aims to control public exposure to gaming advertisements, restricting promotional activities outside approved venues and minimising the impact on the general public. This restrictive stance was formalised in June 2015 with guidelines clarifying what qualifies as illegal advertising of games of chance, limiting these rules strictly to gaming-related promotions. In July 2019, the DICJ extended these rules to non- gaming commercial activities within casinos. Con- cessionaires and promoters must now obtain prior approval for any promotional activities within casino premises, covering verbal announcements, media displays, and physical promotional materials, fur- ther underscoring Macau’s commitment to regulating gaming advertisement. Despite the aforesaid restrictions, under Macau’s gaming law and concession contracts, casino gaming concessionaires are required to promote their devel- opments both locally and internationally, positioning Macau as a top destination for tourism and entertain- ment. These advertising efforts align with the govern- ment’s goal of economic diversification, extending Macau’s appeal beyond gaming. Concessionaires must also work closely with the Macau government on global promotional initiatives, supporting campaigns that showcase Macau’s unique offerings. 9.5 Sanctions/Penalties Violations of gaming advertising regulations incur administrative fines of MOP2,000 to MOP12,000 for individuals and MOP5,000 to MOP28,000 for com- panies.
10. Acquisitions and Changes of Control 10.1 Disclosure Requirements Disclosure Requirements
The disclosure requirements for Macau casino con- cessionaires and shareholders, particularly those holding 5% or more of the share capital, are outlined
282 CHAMBERS.COM
Powered by FlippingBook