RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 1, 2019 No. 139

About measures for implementation of the Presidential decree of the Republic of Belarus of August 7, 2018 No. 305

Based on part two of Item 3 of the Regulations on implementation of activities in the field of the gaming approved by the Presidential decree of the Republic of Belarus of January 10, 2005 No. 9, of paragraph two of Item 1 of the Presidential decree of the Republic of Belarus of August 7, 2018 No. 305 "About enhancement of legal regulation of gaming" Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that the organizers of gamblings performing activities for content of bookmaker office and (or) totalizator with use of the global computer Internet based on the license granted till April 1, 2019 without the constituting work and the service "content of virtual gambling institution" till April 1, 2021 provide observance of the licensed requirements and conditions shown in case of content of bookmaker office and (or) totalizator before entering of corresponding changes into the license.

2. Determine that:

the size of money which availability shall be provided on the special account opened in bank or the non-bank credit and financial organization of the Republic of Belarus for the legal entities organizing and (or) holding gamblings by means of virtual gambling institution constitutes ninety thousand basic sizes;

under the organization and (or) carrying out by the legal entity by means of virtual gambling institution only of bookmaker online games and (or) online games of totalizator provided that the result of event on which the bet consists depends on partial or complete coincidence of the forecast to the come, documentary confirmed facts, the size of the money specified in the paragraph the second this Item constitutes twenty thousand basic sizes.

3. Approve:

The regulations on activities procedure in the field of gaming on content of virtual gambling institution (are applied);

The regulations on requirements to virtual gambling institutions and procedure for conducting examination of virtual gambling institution on compliance to such requirements (are applied).

4. Bring in the resolution of Council of Ministers of the Republic of Belarus of February 18, 2011 No. 211 "About some measures for implementation of the Presidential decree of the Republic of Belarus of November 19, 2010 No. 599" the following changes:

4.1. state Item 1 in the following edition:

"1. Approve:

The regulations on activities procedure in the field of gaming on content of casino (are applied);

The regulations on activities procedure in the field of gaming on content of the slot machine hall (are applied);

The regulations on activities procedure in the field of gaming on content of totalizator (are applied);

The regulations on activities procedure in the field of gaming on content of bookmaker office (are applied).";

4.2. in Regulations on the procedure for content of casino approved by this resolution:

to state the name of this Provision in the following edition:

"Regulations on activities procedure in the field of gaming on content of casino";

state Items 1 and 2 in the following edition:

"1. This Provision developed based on the paragraph of the fifth of part one and part two of Item 3 of the Regulations on implementation of activities in the field of the gaming approved by the Presidential decree of the Republic of Belarus of January 10, 2005 No. 9, establishes activities procedure in the field of gaming on content of casino.

2. In this Provision terms are used in the values established:

Bank code of the Republic of Belarus;

Regulations on implementation of activities in the field of gaming;

Regulations on procedure for functioning of the special computer cash system providing control of turnovers in the field of gaming, and the monitoring center in the field of gaming for its servicing, with the approved resolution of Council of Ministers of the Republic of Belarus of December 29, 2011 to No. 1762;

Rules of implementation of transactions with the electronic money approved by the resolution of Board of National Bank of the Republic of Belarus of November 26, 2003 No. 201.

In this Provision also following terms and their determinations are used:

the document confirming payment - the document created in casino using the special computer cash system providing control of turnovers in the field of gaming (further - SKKS);

the payment document - the document created in casino using SKKS, confirmatory acceptance of cash and (or) implementation of calculations with use of bank payment cards, receipt of electronic money for participation in gamblings.";

state Items 5 and 6 in the following edition:

"5. The procedure legal entities of the Republic of Belarus of activities in the field of gaming (further - organizers of gamblings) is determined by content of casino by this Provision, and also:

The regulations on activities procedure in the field of gaming on content of the slot machine hall approved by the resolution which approved this Provision - when carrying out gamblings with use of gaming machines;

The regulations on activities procedure in the field of gaming on content of bookmaker office approved by the resolution which approved this Provision - when holding bookmaker games;

The regulations on activities procedure in the field of gaming on content of totalizator approved by the resolution which approved this Provision - when holding games of totalizator.

6. Organizers of gamblings use the game tables staying on the registry in SKKS and belonging to them on the property right (economic maintaining).

Since September 1, 2019 organizers of gamblings provide check at visitors of casino of identity documents, by means of use of the equipment for the scanning transferring in the automatic mode data of the checked documents in SKKS. The list of such equipment and procedure for its interaction with SKKS are determined by the monitoring center.";

in Item part two 7, 9, parts one and the second Item 10, Item 11, Item parts one 14, Item 16, Item parts one 17, Item parts one 18, Item 181, Item parts three 23, paragraphs first and third Item 28, Item 29 of the word "legal entity" shall be replaced with words Item parts one "the organizer of gamblings" in the corresponding case and number;

from part one of Item 12 of the word", and also the workers of object of public catering who received such counters (chips) from visitors of gambling institution for the goods (the rendered services) implemented by object of public catering, according to the procedure, established in Item 18 of this provision" to exclude;

state Item 15 in the following edition:

"15. The copy of the license ratified the head of the organizer of gamblings, information on the place of acquaintance with the original of the license, the statement from Regulations on implementation of activities in the field of gaming including the requirements containing in Items 19, of 21 these Provisions and also the rules of visit of casino established by the organizer of gamblings are placed in the place, available to visitors.";

to add Item 16 after the words "Organization and" with the word "(or)";

the fourth Item 23, part the second Item 26 after words "the organizations and" to add part with the word "(or)";

the second Item 19 to state part in the following edition:

"In case of receipt of money by the organizer of gamblings via bank transfer and (or) electronic money for participation in gamblings the worker of the organizer of gamblings shall register them by means of use of SKKS during three banking days after obtaining. Issue of the payment document (payment documents), counters (chips) is made to the participant of gambling in case of visit of casino by it.";

in Item 24:

in part one:

after words "the organizations and" to add part with the word "(or)";

words of "legal entity" shall be replaced with words "the organizer of gamblings";

the second after words "the organizations and" to add part with the word "(or)";

add Item 27 with part of the following content:

"The organizer of gamblings has the right to perform exchange of counters (chips) for equivalent quantity of units of the credit of the gaming machine, and also certain quantity of units of the credit of the gaming machine for equivalent quantity of counters (chips) only on condition of accounting of information on such exchange in SKKS.";

state Item 30 in the following edition:

"30. The organizer of gamblings pays (lists, translates, transfers) prize (returns not played rates) to the participant of gambling money, electronic money, other property.";

add the Provision with Items 30-1-30-4 of the following content:

"30-1. Payment of prize (return of not played rates) in cash in casino is performed at the time of the appeal of the participant of gambling to cash desk of casino behind receipt of prize (return of not played rates), except as specified, when such payment of prize (return of not played rates) stops or blocked.

Payment of cash in casino is made in case of presentation by the participant of gambling of the document proving his identity.

In case of absence in cash desk of casino of necessary cash amount of money for payment of prize (return of not played rates) the employee of casino:

approves with the participant of gambling method and time of payment of prize (return of not played rates) which is performed no later than the banking day following behind day of the request of the participant of gambling for receipt of prize (return of not played rates);

issues to the participant of gambling the obligation created by means of use by SKKS about payment of prize (return of not played rates).

In the obligation about payment of prize (return of not played rates) are specified:

name of the organizer of gamblings, its accounting number of the payer and number of contact telephone numbers;

location address of gambling institution;

sequence number of the obligation about payment of prize (return of not played rates);

date of registration (printing) of the obligation about payment of prize (return of not played rates);

surname, own name, middle name (if that is available), the signature of the worker who issued the obligation about payment of prize (return of not played rates);

surname, own name, middle name (if that is available) the participant of gambling, data of the document proving his identity (the name of the document, series (in the presence), number, date of issue, the name of the state body which issued the document (if the document is issued by state body of the Republic of Belarus), identification number (if that is available), the official name of foreign state in which the document is issued);

prize payment method (return of not played rates) (cash, in the presence of the corresponding statement - via bank transfer or electronic money).

30-2. Transfer to the participant of gambling of prize (return of not played rates) is via bank transfer performed on the current (settlement) or other bank account from which the participant of gambling listed the money necessary for participation in gambling, except for the case established in part two of this Item.

In the presence of the circumstances which arose for the reasons which are not depending on the organizer of gamblings and (or) the participant of gambling (liquidation of bank, expiration of bank payment card and other), the prize (return of not played rates) can be paid (to be listed, be translated) in other procedure according to the decision of the organizer of gamblings approved with the participant of gambling.

In the decision of the organizer of gamblings on payment (transfer, transfer) of prize (return of not played rates) in other procedure the reason which formed the basis for adoption of such decision is specified.

The organizer of gambling without delay notifies the participant of gambling on impossibility of transfer of prize (return of not played rates) to the current (settlement) or other bank account from which the participant of gambling listed the money necessary for participation in gambling by any of available methods of communication (the telefax, e-mail or other method) with obligatory assurance of receipt of the notification.

After the notification of the participant of gambling on impossibility of transfer of prize (return of not played rates) to the current (settlement) or other bank account from which the participant of gambling listed the money necessary for participation in gambling payment (transfer, transfer) prize (return of not played rates) is made:

in cash according to the procedure and the terms provided in Item 30-1 of this provision;

on the bank account of the participant of gambling specified in its statement, according to the procedure and the terms provided in parts of the sixth or eighth of this Item;

in e-wallet of the participant of gambling according to the procedure and the terms provided in parts one, the second, eighth and ninth Item 303 this provision.

Transfer to the participant of gambling of prize (return of not played rates) is via bank transfer performed no later than the banking day following behind day of the address of the participant of gambling with the statement to the organizer of gamblings for transfer of prize (return of not played rates), except as specified, when transfer of prize (return of not played rates) stops or blocked.

Are specified in the statement of the participant of gambling:

name of the legal entity;

surname, own name, middle name (if that is available) the participant of gambling;

data of the document proving his identity (the name of the document, series (in the presence), number, date of issue, the name of the state body which issued the document (if the document is issued by state body of the Republic of Belarus), identification number (if that is available), the official name of foreign state in which the document is issued);

the prize amount (return of not played rates);

date of filing of application;

account number in bank (if necessary);

other information necessary for implementation of transfer of prize (return of not played rates) via bank transfer.

In case of filing of application the participant of gambling shows the document proving his identity.

30-3. Acceptance of rates and transfer of prizes (return of not played rates) electronic money are performed by the organizer of gamblings according to legal acts, and also Rules of implementation of transactions with electronic money and taking into account requirements of this provision.

Transfer to the participant of gambling of prize (return of not played rates) is made by electronic money on condition of carrying out identification of the owner of e-wallet and after the address of the participant of gambling with the statement to the organizer of gamblings for transfer of prize (return of not played rates).

Transfer to the participant of gambling of prize (return of not played rates) is made by electronic money in e-wallet from which this participant transferred electronic money, except as specified, provided in part four of this Item.

In the presence of the circumstances which arose for the reasons (liquidation of emitting bank, failure in operation of the program and technical device containing electronic money and (or) providing to them access, and other) which are not depending on the organizer of gamblings and (or) the participant of gamblings, the prize (return of not played rates) can be paid (to be listed, be translated) in other procedure according to the decision of the organizer of gamblings approved with the participant of gambling.

In the decision of the organizer of gamblings on payment (transfer, transfer) of prize (return of not played rates) in other procedure the reason which formed the basis for adoption of such decision is specified.

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