MONTENEGRO Law and Practice Contributed by: Luka Popović and Milana Savović, BDK Advokati
4.4 Availability of Licences The availability of licences depends on the type of licence sought. In this sense, licences for casino games of chance, betting, gaming machines, TV tom- bola and tombola are available on request. The licence for online gambling is also available on request but can only be granted to holders of a licence for land- based special games of chance. Licences for organis- ing casino games of chance are issued by the govern- ment of Montenegro, while licences for other games of chance are issued by the Games of Chance Adminis- tration. On the other hand, the right to organise lottery games is granted to a company wholly owned by the state of Montenegro. 4.5 Duration of Licences Every type of game of chance licence is granted for a fixed time period. The duration of individual licences is as follows: • TV tombola and tombola – eight years;
• when the supervision process reveals that an operator, previously fined for a violation related to ensuring supervision and compliance with the pre- scribed technical, IT and other requirements, has repeated the same violation. If a casino operator holds multiple licences, revocation of one licence results in the revocation of all licences for casino games held by that operator.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The primary regulatory authority for the gambling industry in Montenegro is the Games of Chance Administration, which is under the supervision of the Ministry of Finance. Additionally, the government of Montenegro is the body that issues licences for casino games. 4.2 Regulatory Approach The new legal framework is expected to improve the regulation of the gambling sector in Montenegro by enhancing control over operations, strengthening anti-money laundering measures, providing improved protection for minors, and establishing a stable insti- tutional framework. 4.3 Types of Licences The current legislation provides for the following types of licences applicable to the provision of games of chance: • a licence for TV tombola and tombola; • a licence for casino games; • a licence for gaming machines; • a licence for betting; and • a licence for online gambling. It is important to point out that a licence for online gam- bling can only be issued to an entity that already holds a licence for land-based special games of chance, and cannot be granted as a standalone licence.
• casino games – fifteen years; • gaming machines – eight years; • betting – eight years; and
• online gambling – under the Games of Chance Act, no provision is given regarding the duration of the
term for online gambling licences. 4.6 Application Requirements
A general condition for any operator is that it be incor- porated in Montenegro in the form of either a limited liability company or a joint stock company. Additional specific requirements – such as the documents that must be provided with the application, the minimum share capital, the amount of the mandatory bank guar- antee for the payment of duties and winnings, and staffing requirements – are prescribed separately for each licence type. Documents/Information Required Licences for TV tombola and tombola Applications for licences for TV tombola and tombola must be submitted to the Games of Chance Adminis- tration along with the following documents: • proof of registration of the company;
• memorandum of association; • a three-year business plan;
329 CHAMBERS.COM
Powered by FlippingBook