Casino Control (Casino Marketing Arrangements) Regulations 2013

No. S 65

Casino Control Act

(CHAPTER 33A)

Casino Control
(Casino Marketing Arrangements)
Regulations 2013

In exercise of the powers conferred by sections 110B and 200 of the Casino Control Act, the Casino Regulatory Authority of Singapore, with the approval of the Minister for Home Affairs, hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Casino Control (Casino Marketing Arrangements) Regulations 2013 and shall come into operation on 31st January 2013.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“application” means an application for an international market agent licence or an international market agent representative licence, and “applicant” shall be construed accordingly;

“endorsement”, in relation to an international market agent, means an endorsement by a casino operator of the international market agent, in accordance with the requirements in regulation 7(1)(d);

“international market agreement” means a contract or other arrangement between a casino operator and a licensed international market agent that relates to the conduct of a casino marketing arrangement by that international market agent;

“international player” means a person who games in a casino as a result of his participation in a casino marketing arrangement;

“international market licensee” means the holder of an international market agent licence or international market agent representative licence;

“net win” has the same meaning as in section 146(6) of the Act;

“relevant financial interest”, in relation to a business, means —

(a)	any share in the capital of the business;
(b)	any entitlement to receive any income derived from the business; or
(c)	any contribution to the capital of the business, whether by a loan or otherwise;

“relevant position”, in relation to a business, means the position of director or manager, or other executive position, however that position is designated;

“relevant power” means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others —

(a)	to participate in any directorial, managerial or executive decision; or
(b)	to elect or appoint any person to any relevant position.

(2) In these Regulations, a person is an “associate” of a licensed international market agent or an applicant for an international market agent licence if the person is, in the opinion of the Authority, able or will be able to exercise a significant influence over or with respect to the management or operation of the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence.

(3) In determining whether a person is able or will be able to exercise the significant influence referred to in paragraph (2), the Authority may consider all or any of the following:

(a)	whether the person holds or will hold any relevant financial interest in the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence;
(b)	whether the person is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence;
(c)	whether the person holds or will hold any relevant position (whether in right of the person or on behalf of any other person) in the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence;
(d)	the degree of direct or indirect influence that the person has in the management or operation of the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence;
(e)	any other matter that the Authority considers relevant.

Prescribed form of payment or rebate for casino marketing arrangements

3. Any form of payment or rebate, monetary or otherwise, referred to in paragraph (c) of the definition of “casino marketing arrangement” in section 2(1) of the Act, shall be that as is specified in the First Schedule.

Persons required to hold international market agent licence or international market agent representative licence

4.—(1) For the purposes of section 110A(1) of the Act ––

(a)

no body corporate shall organise, promote or conduct a casino marketing arrangement in or with respect to any casino unless it holds an international market agent licence from the Authority authorising it to do so in or with respect to that casino; and

(b)

no individual shall organise, promote or conduct a casino marketing arrangement in or with respect to any casino unless he holds ––

(i)	an international market agent representative licence from the Authority authorising him to do so in or with respect to that casino, if he is employed by a licensed international market agent as its international market agent representative; or
(ii)	an international market agent licence from the Authority authorising him to do so in or with respect to that casino, if he is acting on his own behalf or if he employs any international market agent representative to do so.

(2) Paragraph (1) shall not apply to ––

(a)

any licensed special employee who organises or promotes a casino marketing arrangement in the performance of his duties;

(b)

any person who receives a commission or other payment from a casino operator, or the person in charge of a casino, based solely on the price of the transportation or lodging arranged for by the first-mentioned person; or

(c)

any person whose commission or other payment from a casino operator, or the person in charge of a casino, is a fixed amount or a fixed rate that is ––

(i)	not based on the net win of the casino operator attributable to the players introduced by the first-mentioned person; and
(ii)	not otherwise calculated by reference to such net win,

provided that the aggregate value of such commission or other payment received in relation to a single casino does not exceed $100,000 in a calendar year or any part thereof during which the first-mentioned person does not hold an international market agent licence.

Casino operator to provide information relating to unlicensed persons being paid commission

5. A casino operator must prepare and submit to the Authority, on such date as may be specified by the Authority, a monthly report of the commission or other payment paid by the casino operator, or the person in charge of the casino, to any unlicensed person referred to in regulation 4(2)(b) or (c).

Duty of casino operator in relation to unlicensed persons

6. A casino operator shall not allow a person —

(a)	who is not a licensed international market agent endorsed by it or a licensed international market agent representative employed by a licensed international market agent endorsed by it;
(b)	who is not a person referred to in regulation 4(2); or
(c)	who is suspended under section 110C of the Act, or regulation 39 or 42,

to perform any function in relation to organising, promoting or conducting a casino marketing arrangement within its casino premises.

Made this 30th day of January 2013.

RICHARD MAGNUS

Chairman,
Casino Regulatory Authority of Singapore.

[CRA 206.02.00040; AG/LLRD/SL/33A/2010/22 Vol. 1]

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