MONTENEGRO Law and Practice Contributed by: Luka Popović and Milana Savović, BDK Advokati
may be a practical obstacle for operators intending to include cryptocurrencies in their business model.
their club is competing. Betting licences are valid for eight years. The operator may apply for a new licence between 120 and 60 days prior to the expiration of the current licence. Operators hold a single licence for betting activities. However, they are required to obtain separate approvals for each individual betting shop they intend to operate. Each approval for indi- vidual shops is valid until the expiry of the operator’s eight-year licence, irrespective of when the approval for a particular shop was obtained. All betting shops must be connected over the internet to the regulator’s system. Poker Montenegrin law does not regulate poker as a sepa- rate type of game of chance, but rather considers it to be a type of casino game; thus, it can be played only in casinos. Bingo The new legislation does not regulate bingo as a sepa- rate type of game of chance. Casinos Casinos are permitted in Montenegro. Operating a casino requires a licence, which is issued by the government of Montenegro. The licence is granted for fifteen years. The operator may apply for the new casino licence between six and three months prior to the expiration of the current licence. A casino licence includes the right to offer gaming machines. Gaming Machines It is permitted to offer games of chance on gaming machines, subject to a licence issued by the Games of Chance Administration. However, a separate licence for gaming machines is not required when they are offered in casinos, because the casino licence covers gaming machines as well. The licence is granted for eight years, and a separate approval must be obtained for each slot machine hall. The individual approvals are valid until the expiry of the licence term. Lotteries The offering of lottery games is permitted; howev- er, under the new legislation, the exclusive right to organise lottery games is granted to a company whol- ly owned by the state of Montenegro. The organiser
2. Jurisdictional Overview 2.1 Online Gambling
Montenegrin legislation permits online gaming; that is, the provision of games of chance via the internet or via other means of telecommunication. This right is subject to a licence for online gaming. However, this licence can only be issued to an operator that already holds a licence in Montenegro for any type of land-based game of chance. As a result, the online licence serves more as an extension of an existing licence rather than a standalone licence. Furthermore, online gaming providers are allowed to operate only one website. An online gaming licence allows holders to organise any type of game of chance, irrespective of the under- lying type of land-based licence. Therefore, a licence for online gaming issued to a holder of any kind of licence for land-based games entitles its holder to offer betting, virtual casinos and online slot games via the internet. The fixed part of the fee for organis- ing online games of chance, which is paid monthly, amounts to EUR10,000 for online betting games, and EUR10,000 for virtual slots and casinos, plus a month- ly variable fee of 15% of the gross gaming revenue. Social Gaming Social games are not regulated, as such, and may be freely organised. However, if a social game qualifies as a game of chance (ie, if players pay to participate in the social game, if the outcome of the game depends on chance, and if there is a prize in the form of money, goods or services), that social game would require a licence for online games of chance. 2.2 Land-Based Gambling Betting Betting is permitted in Montenegro, with a few restric- tions. Namely, it is not permitted to organise betting on the results of political elections, and owners or share- holders of sports clubs cannot simultaneously be pro- viders of sports betting on the results of the sport their club is playing or on results in the league in which
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