MEXICO Law and Practice Contributed by: Carlos Fernando Portilla Robertson and Ricardo Valdivia González, Portilla Ruy-Diaz y Aguilar
9.3 Key Legal, Regulatory and Licensing Provisions Relevant products may only be offered to persons of legal age. People under the influence of alcohol or drugs will not be allowed into the facilities. Bets will be made in the national currency, Mexican pesos (cryp- tocurrency is excluded). Permit holders cannot offer credit to the participants. 9.4 Restrictions on Advertising Any advertising and/or marketing of gaming activi- ties must be performed under the following terms and conditions: • it cannot explicitly promote games that feature betting; • it must be expressed clearly and precisely to avoid inducing error, deception or confusion among the public; • it must indicate the relevant licence number; • it must include warning messages indicating that games that feature betting are prohibited for minors; and • it must include messages inviting people to play responsibly, and with the main purpose of enter- The sanctions or penalties that can be imposed for infringing advertising regulations include fines and, in cases where the breach is considered serious or significant, closure of the establishment. The severity of the punishment will depend on the criteria of the authority and the implications of the offence commit- ted by the permit holder or operator. tainment, fun and recreation. 9.5 Sanctions/Penalties These sanctions may be imposed by the regulatory authority or, in a few cases, the Federal Consumer Protection Agency. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements Permit holders have an obligation under the Gaming Regulations to inform the Bureau of any change of control of permit holders and their authorised opera-
• the general rules referred to in the AML Law. 8.2 AML Requirements No recent changes have been made regarding AML legislation, and no forthcoming changes are expected.
9. Advertising 9.1 Regulatory/Supervisory Agency
The relevant regulatory/supervisory agencies are the Ministry of Finance and Public Credit ( Secretaría de Hacienda y Crédito Público ), the Financial Intelligence Unit ( Unidad de Inteligencia Financiera ) and the Dep- uty General Directorate of Legal Processes ( Dirección General Adjunta de Procesos Legales ). 9.2 Definition of Advertising For regulatory purposes, the advertising and market- ing of games involving betting and raffles – if they have been duly authorised under the Gaming Law and the Gaming Regulations – are expressly governed by Article 9 of the Gaming Regulations. This provision establishes that any form of publicity or promotion, whether inside or outside the establishments where the activities take place, must comply with the require- ments and limitations set forth in the applicable law. For regulatory purposes, the advertising and market- ing of games involving betting and raffles – if they have been duly authorised under the Gaming Law and the Gaming Regulations – are expressly governed by Article 9 of the Gaming Regulations. This provision establishes that any form of publicity or promotion, whether inside or outside the establishments where the activities take place, must comply with the require- ments and limitations set forth in the applicable law In practice, “advertising” is understood broadly to include any communication intended to promote participation in authorised gaming activities, regard- less of the medium used (eg, print, broadcast, online platforms or physical signage at establishments). The definition therefore captures not only commer- cial campaigns but also promotional activities directly linked to the gaming venue or operator, ensuring that marketing remains subject to the same level of regula- tory oversight as the underlying gaming activity itself.
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