Following the promulgation of Law No. 31557 of August 13, 2022, and Law No. 31806 of June 28, 2023, the regulation of sports betting and online games in Peru occurred. With the law, the General Framework of Requirements and Operations for the activity has been defined, as well as the intervention of the different global operators and agents in Peru has been regulated, through the definition of a clear policy, both for fixed establishments and residents, as for online systems.
The new norm, maintaining the coherence and legislative development coming from the Peruvian casino and slot machine law (Law No. 27153 of 1999 and Law No. 27796 of 2002), has largely transposed the legal structure under which the sports betting activity in fixed establishments within the country.
The legislative development has not been surprising, since in the internal debate the standards of social surveillance, tax structure, health and protection of the population have been maintained, based on the different self-regulations imposed by the sector.
In terms of foreign online gaming operators, the full and guaranteed openness that Peru maintains to international investment has remained within the constitutional framework, the same one that enshrines equal treatment for foreign investment and the financial schemes that make it possible, such as the floating exchange rate, market supply, as well as the freedom of remittances abroad.
International operators will find with this new regulation in Peru the legal instrument that will allow them, not only to participate in a regulated market, but in a market in which they will enter on equal terms for free competition of the different products they offer.
In legislative matters, the definition of the regulations of the law is expected, as well as the single text of administrative procedures of the Ministry of Foreign Trade and Tourism, both norms that will now constitute the legislative body regulating the activity. Unlike the law, which is a norm produced by the Legislative Branch (Congress of the Republic), the regulations of the law, as well as the single text of administrative procedures, are regulatory norms produced by the Executive Branch and published by means of a Supreme Decree of the Ministry of Foreign Trade and Tourism.
In Peru, the regulations are executive in nature and expressly determine the detail and development of the basic principles of the law of the sector, therefore it is not expected that the regulation imposes or contains greater restrictions than those already declared in the law (this would not be possible).
The deadline for the issuance of the Supreme Decree that publishes the regulations has already been met, and therefore its validity and complete regulation for the sports betting and online gaming sector are imminent.
Finally, it is important to highlight that with the issuance of Laws No. 31557 and No. 31806, not only is the political will of the Peruvian state expressed to consider sports betting and online games as activities permitted in the legal system, but also as economic activities subject to regulation, supervision and control, with respect and openness to foreign investment, and with full participation of the different operators and investors in the world market.
