Regulatory Framework for Remote Play Poker
PAGCOR
Internet Gaming -Licensing and Regulation Group Offshore Gaming Licensing Department
REGULATORY FRAMEWORK
FOR REMOTE PLAY POKER
Rev. No: 0 Effectivity:
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IMPORTANT C
No part of this document shall be reproduced, in any form or means,without written permission from the Philippine Amusement&Gaming Corporation("PAGCOR)
This document is officially transmitted to specific recipient(s only Intended Recipient(s)"). Any other person to whom this document has not been officially transmitted shall be deemed to be a Non-Intended Recipient.
purposes only. The publication of this document or its contents on PAGCOR's website this document to any Non-Intended Recipient. by publishing them on its website or by any other means for general information PAGCOR may make this document or its contents available to Non-intended Recipients or by any other means does not constitute official transmission thereof to any person Non-Intended Recipients may not rely on unofficial copies of this document.PAGCOR makes no warranty or representation whatsoever with regard to the unofficial copies of
commercial activities upon reliance on any information on unofficial copies of this PAGCOR assumes no responsibility or liability for any consequences (financial or otherwise) suffered directly or indirectly by Non-Intended Recipients who enter into any document.
framework. development and evolution of online poker in the Philippines. PAGCOR reserves the right to change its policies and to amend,modify,or supplement any information in this This framework is subject to change from time to time to adapt to the continual
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EXECUTIVE SUMMARY
catering exclusively to foreign players located outside Philippine territory. This type of This Regulatory Framework shall regulate the operations of online poker games
game offering shall be known as Remote Play Poker.
funded via third-party payment solutions through which the same account content may the distribution of pocket cards or player cards to players after which they interact in bad beat jackpot) where players may play player-to-player poker games.It utilizes a live dealer to cause real time by proceeding with necessary actions in the game.Player accounts may be be withdrawn. It shall cover all types of online poker such as Texas Hold'em, Omaha and Seven Card Stud and other poker game variations (cash games, tournaments. Remote Play Poker is defined as the game of poker or playing poker in a virtual venue
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TABLE OF CONTENTS
Regulation 1 Citation, Interpretation, Definitions
Regulation 2 Requirement of a License 5
Regulation 3 License Eligibility 6
Regulation 4 The License
Regulation 5 Licensing Procedure 12
Regulation 6 Remote Play Poker Platform Reguirements and Standards--16
Regulation 7 Financial Requirements, Reporting, Remittance - -19
Regulation 8 Anti-Money Laundering and Terrorist Financing -- - 26
Regulation 9 Responsible Gaming - - 27
Regulation 10 Miscellaneous Provisions - 28
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REGULATION 1.CITATION,INTERPRETATION,DEFINITIONS
Remote Play Poker. Section 1. This framework shall be referred to as the Regulatory Framework for
Section 2. In these regulations and subsequent issuances for Remote Play Poker, unless the context otherwise requires:
"Authorized Player refers to players of the licensee who can access its games through the latter's website with the following criteria:
a. Any individual who is physically in a country other than the Philippines; this b.Age of at least twenty-one21 years old; excludes Filipino citizens,even if abroad, and individuals in territories where online gaming is prohibited;
c. Must be registered and must have established a player account.
"Entry Fee"also called administrative fee or registration fee,refers to the amount of
tournament and does not go to the prize pool. money entered by a participant into the tournament to pay the house for running the
"Gaming Laboratory" refers to the entities responsible for the testing of gaming standards for gaming jurisdictions worldwide. systems, hardware, and software, using industry's accepted and established
"Jackpot Administrative Fee"refers to the amount of money that the licensee deducts from the jackpot rake collected from eligible poker games pots to fund a licensee based on guidelines set by PAGCOR. progressive jackpot promotion. The fee is subjected to a ceiling determined by the
compliance with PAGCOR's regulations. "PAGCOR Monitoring Team (PMT) refers to a group of PAGCOR CMED-IG personnel whose task is to monitor and enforce the Remote Play Poker Operator's
"Rake" means taking a percentage of the pot by the house as its means of making money on the game.
"Remote Play Poker" refers to poker games operations conducted within the casino or authorized location by PAGCOR through remote gaming platforms, catering exclusively to foreign players located outside Philippine territory.
"Remote Play Poker Game Platform"is the virtual venue where players may play player-to-player poker games. It may be web-based or accessed via a mobile application.
"Remote Play Poker Licensee" is the entity duly licensed and authorized by PAGCOR to conduct Remote Play Poker.
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REGULATION 2.REQUIREMENT OF A LICENSE
license under these regulations. Section 1.No person shall provide or carry out Remote Play Poker operations in the Philippines or through a Philippine legal entity, except when in possession of a valid
in Regulation 4 of this framework. Section 2.The terms and conditions of the Remote Play Poker License are set forth
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REGULATION 3. LICENSE ELIGIBILITY
Section 1.Qualifications of a licensee
a. Must be of good repute, considering character, honesty, and integrity; b. C. Must not be associated with any person who is not of good repute or has undesirable or unsatisfactory financial resources; Must be duly registered with the Securities and Exchange Commission (SEC); d. Must have good financial standing and satisfactory corporate structure; and e. Must not be among those excluded from engaging in gaming under these
regulations or any other law, ordinance,or issuance.
Section 2.Requirements
A. Documentary
N Letter of intent addressed to the Chairman and Chief Executive Officer of
4. Latest General Information Sheet(GIS)*with beneficial ownership declaration 3. Securities and Exchange Commission (SEC)* registration 2. Duly accomplished and notarized application form; PAGCOR;
5. Articles of incorporation and by-laws duly stamped and received by the SEC; I page; The articles of incorporation and by-laws must show that casino gaming is Authorized capital stock of at least one hundred million pesos (Php one of the primary purposes of business; if secondary, a copy of the board resolution ratifying the same should be submitted.
Iii. Compliance with Executive Order No. 65, otherwise known as pesos(Php25,000,000.00 100,000,000.00) with a paid-up capital stock of at least twenty-five million
6.Company overview and profile; 7 Organizational chart indicating the names of persons occupying the positions; gambling (Republic Act No.7042 as amended by Republic Act No.8179) "Promulgating the Eleventh Regular Foreign Investment Negative List' requires that foreign equity shall be limited only to 40% for all forms of except those covered by investment agreements with PAGCOR (Presidential Decree No.1869,as amended by Republic Act No.9478
8. Business profile detailing the company's business model, plans, and
9. 11.Duly accomplished and notarized Personal Disclosure Sheet (PDS of all 10.Money Laundering and Terrorist Financing Prevention Plan(MTPP); BoardResolutionofSecretary Representative officers of the corporation with the following attachments: projections; CertificateappointingAuthorized
12.Result of evaluation issued by an accredited probity checker of the OGLD ii.For foreign nationals -copy of valid passport i.For Filipino citizens - copy of government-issued ID
15.Proof of payment of the application fee 13.BIR Certificate of Registration 14.Mayor's Permit/Business Permit*;and
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B.Locational/Business 1. The number of remote play poker tables in an operating site shall only be,at *original or certified true copy
maximum, 25% of the allowed number of tables/machines for land-based casino operations,subject to the maximum area/space allotment for gaming operations: 2. Remote Play Poker operations manual of the corporation; 3. Operating site may only be within a PAGCOR-approved Poker Clubs,
4: Lease contract or certificate of ownership of operating site, indicating floor area; PAGCOR-operated casinos or licensed casinos with a junket agreement or Integrated Resorts; provided,that the host casino or Integrated Resort must give its consent to the proposed remote play operations.
and 5. In the absence of a city or municipal ordinance stating otherwise, original or
certified true copy of Letter of No Objection (LONO or Resolution of No Objection (RONO) issued by the local government unit where the licensee's operations will be located.
C.Pre-operational
1. Posting of the performance bond in the amount eguivalent to six (6) months 2. Submission of the website where Remote Play Poker will be conducted Minimum Guaranteed Fee or equivalent to six (6months fees for the existing tables,whichever is higher;
3. Certification from a PAGCOR-accredited independent testing laboratory of the
ii. Certification attesting to the Internet Protocol (IP) blocking of all Philippine IP i.GLI 19-chapter 2:Platform/System Requirements"and "Chapter 4:Game following standards and reguirements: Requirements" of GLI-19: Standards for Interactive Gaming Systems, Version 3.0 (Revision Date: July 17,2020
4. Onsite access for the purpose of viewing and extraction of essential data from the back office.The access should have a download or export function to allow addresses excluding an IP address designated by PAGCOR
6. Manpower list; 5 8. Permit to Possess AMLC Certificate of Registration Responsible gaming program; efficient data gathering and analysis;
9. Pre-operational inspection and walkthrough by the OGLD and other relevant 10.Notice to Commence Operations issued by the OGLD departments; and
Section 3.Prohibited Acts
a. Allowing access to games through the registered website to the following persons:
1. Filipino citizens,wherever located and foreign nationals while within the territorial
2. Players below twenty-one (21) years of age jurisdiction of the Philippines.
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3. Eligible players who have not registered and established a gaming account on the website.
b. Allowing the registered website to be accessed within Philippine territory or in territories where online gaming is prohibited.
players based in any jurisdiction is so targeted in full compliance with the laws of that jurisdiction. It is the responsibility of the licensee to ensure that the targeting of any games to
It shall be required for the licensee's registered website's terms and conditions to state that it is the player's responsibility to establish whether their gaming activity is legal according to the laws of the country where the player is based.
c. Allowing the conduct of indecent and immoral activities which are contrary to public morals and interest.
d.Being involved in any activity which jeopardizes the integrity of PAGCOR
e.Allowing other companies/ groups to use or operate under its license by entering into agreements;
f. Conducting activities other than gaming inside the operating sites;
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REGULATION 4.THE LICENSE
Section 1.Nature of the License
The Remote Play Poker License is a business-to-consumer(B2C) license to offer or
outside Philippine territory. carry out remote play poker operations catering exclusively to foreign players located
Section 2.Remote Play Poker License
a. The license shall be evidenced by a certificate issued by the OGLD
b. The validity of the license for the initial issuance shall be for three (3) years and shall be renewable for another three(3)years.
c. The certificate shall bear the following information:
2.Complete name of the company; 3.Complete address of the company 4. Date of issue; and 5. Period of validity 1. License number
d. The certificate must be signed by the Chairman and Chief Executive Officer of the PAGCOR and must contain the PAGCOR seal.
e.The certificate is site-specific and is not valid outside the exact address indicated therein.
f. The reproduction of the certificate by any means shall be considered a violation of
these regulations.In case a duplicate is needed, the licensee shall request for a evaluation and approval of the OGLD. certified true copy citing compelling reasons for the duplication, subject to the
g. The certificate shall be released after the licensee has successfully passed the pre-operational requirements, posted the performance bond, and settled other applicable fees.
h. Upon expiration of the license, the certificate must be returned to the OGLD within five (5)working days.If the licensee has successfully applied for its renewal,the return of the old certificate is a requisite for the release of the new certificate.
i. The licensee shall be responsible for ensuring that upon expiration of its license, all
its operations related to gaming are immediately ceased. Continued operations enforcement agencies for appropriate action. shall be tantamount to illegal gambling and shall be immediately reported to law
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j. The license is non-assignable and non-transferrable,unless approved by the Board and such assignment or transfer shall be subject to fees deemed reasonable by the Board.
k. The license is a permit and a mere privilege and is not a contract between PAGCOR laws,ordinances, and issuances. and the licensee. Thus, it may be amended, supplemented, and cancelled in accordance with the provisions of these rules and regulations and other pertinent
I. The license is not a property of the licensee,nor does it create any vested right or interest.
m.The suspension or cancellation of the license must be approved, confirmed, or noted by the Board.
Section 3.Renewal of license
a. The licensee shall signify its intent to renew its existing license prior to its expiration
b. Renewal application and requirements:
1. The licensee shall submit a letter of intent to renew its license together with the
2. The licensee must have no outstanding financial obligations; 3.Payment of renewal fees complete documentary requirements at least one (1) month prior to the expiration of its license;
4.A licensee who is renewing its license for a third consecutive time since it submitted requirements for a new application shall be deemed as a new applicant for purposes of submission of documentary reguirements;and 5. The licensee who incurs 151 demerit points at the end of its license validity shall
not be eligible for renewal.
c. Documentary requirements:
2.Latest General Information Sheet (GIS* with beneficial ownership declaration 1. Letter of intent to renew license addressed to the Chairman and Chief Executive Officer of PAGCOR;
7.Latest Income Tax Return 3.Duly accomplished and notarized Personal Disclosure Sheet PDS of 5. If there are material changes in the corporate structure: 6. Result of evaluation by an accredited probity checker; 8. AMLC Certificate of Registration; and 4. Duly accomplished and notarized application form for renewal; i. New organizational chart indicating names of the persons occupying the ii. Board Resolution or Secretary's Certificate appointing new authorized ili. Specimen signature. page; Authorized Representative and key officers of the corporation representative; and positions;
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9.Proof of payment of the renewal fee *original or certified true copy
d.Any license renewal shall in all cases be subject to the continued compliance by
the licensee, during the preceding original or renewed term of the license, with Iaws. these regulations, all applicable regulatory instruments,and all other applicable
e. No renewal of license shall take place if such renewal is contrary to public interest
or public policy in place at the time of renewal or is reasonably anticipated to come into place during the proposed renewal term of a license
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REGULATION 5.LICENSING PROCEDURE
Section 1.The Application Kit
a. Upon receipt of an application, OGLD shall perform an initial evaluation of the applicant's business model;
b. After the initial evaluation, OGLD shall issue a Deposit Notice and Payment Form for the payment of the application fee;
c. The OGLD shall then issue a pre-numbered application kit together with the list of
requirements and notice of the assigned probity checker to the applicant after submission of the proof of payment of the application fee;
d.The forms contained in the application kit must be duly accomplished, with
months from the date of issuance. complete documentary requirements, and must be submitted within three (3
e.The application kit shall be returned to the applicant if it has
2. Exceeded the prescribed period for submission. In such case, the application 1.Incomplete documents;and/or shall be deemed withdrawn and all fees paid are forfeited in favor of PAGCOR.
f. Submission of the application kit and payment of application fee is not a guarantee of the approval of the application.
g. Additional documentary requirements may be required for submission as may be deemed necessary.
h. Any misrepresentation or false information in the submitted requirements shall result in the denial of the application and a one (1)-year ban from re-application. In is later discovered, the license shall be immediately cancelled and a ten (10)-year ban from holding a license under these regulations shall be imposed. case the license has been granted and the misrepresentation or false information
Section 2. Submission of the Application Kit
The applicant shall submit the application kit with complete documentary requirements and other pertinent documents to:
Room 625,6F,PAGCOR Executive Office Malate, Manila Offshore Gaming Licensing Department 1588 M.H.Del Pilar St.corner Pedro Gil Street
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Section 3.Payment of Applicable Fees
a. Payment of the applicable fees shall be made only upon issuance of a Deposit Notice and Payment Form by the OGLD.
b.Application fees are not refundable.Payment of this fee is NOT a guarantee of the
approval of the application.
c. Posting of performance bond shall be made within thirty (30) days upon approval
to Commence Operations. Failure to pay within the prescribed period may incur of the application by the Board and shall be a requisite for the issuance of the Notice
corresponding demerits and possible administrative penalties.
Section 4.Evaluation of Application
The PAGCOR,acting in line with the agency's regulatory objectives,shall refuse to grant a license in any of the following circumstances:
a. If the application is not submitted in accordance with the established form or in
accordance with applicable procedure.
b.If the applicable fees have not been paid.
c.If PAGCOR,in its reasonable discretion,is not satisfied that the applicant and all relevant persons, including but not limited to all persons having qualified interest in the applicant, are fit and proper.
d.If it transpires that any information or submission made to the PAGCOR is false,
misleading, inaccurate,or incomplete in a material respect.
e.If the PAGCOR, in its reasonable discretion,is not satisfied that
ii. The applicant has the necessary competence, technical know-how and i. The applicant is capable of sustainably financing its operations;or
iii. The applicant has a business model to carry out the operations in a viable way that is compliant with the applicable regulations. resources to carry out the remote play poker operations;or
Section 5. Evaluation of Declared Operating Sites
Pre-operational inspection and systems walkthrough shall be done not later than three (3)months from the date of Board approval of the application;
Applicant will be advised by the OGLD of the date of inspection, walkthrough, and regulatory inspections,which may be conducted at any time and as may be deemed necessary.
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Section 6.Notice to Commence Operations (NCO)
a. Upon approval of the Board of Directors of the application for a license, a Notice of Approval shall be issued by the OGLD.
b.A Notice to Commence Operations shall only be issued by the OGLD to the licensee upon:
I Settlement of all financial reguirements and the posting of the performance
ii. Submission of Pre-operational documentary requirements; and iv. Conduct of Site Inspection and Systems Walkthrough. I Submission of a Notice of Intent to Commence Operations; bond;
c.The licensee is given three (3 months from Board-approval of its application for
license to commence its operations.Failure to operate within the prescribed period shall warrant the imposition of the Minimum Guaranteed Fee (MGF) and incur possible administrative penalties.
d.For cases when the licensee cannot commence its operations within the prescribed period of three (3) months, a Letter of Appeal must be filed, together with the settlement of an Appeal Fee amounting to $50,000.00 for the consideration and approval of the Board. Extension of the period to commence operations shall be limited to two (2) Letters of Appeal.
e. The licensee shall not commence its operations without the reguired Notice to
Commence Operations.Operating without the reguisite Notice to Commence Operations shall result in the automatic suspension of license.
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Process Flow for License Application
APPLICANT (1 day) Submission of letter of intent addressed to the PAGCOR Chairman and CEO
(1 day) OGLD Acknowledgement of letter of intent and initial evaluation of applications 2
(1 day) OGLD Issuance of Deposit Notice and Payment Form for payment of application and processing fee R
APPLICANT (With in 30 days) attached to the Payment Remittance Form and secure clearance from OGLD Upon payment, Applicant MUST submit copy of proof of payment of the application and processing fees *Advance copy of the proof of payment may be sent through email through ogld@pagcor.ph 25
(1 day) OGLD Upon receipt of the proof of payment, OGLD will issue a pre-numbered application kit and table of checklist of documentary requirements
2 7 APPLICANT (3 months) Submission of complete documentary requirements (MUST be accomplished within 3 months from issuance of a pre-numbered application kit)
(1 day) OGLD Final review, recommendation, and endorsement of applications to the AVP,OGLD 2
DIRECTORS BOARD OF Board Approval 2
(1 day) OGLD Notice of Approval to the applicant
APPLICANT (Within 3 months) Compliance with pre-operational requirements 8 1
(3 days) OGLD Issuance of Certificate and Notice to Commence Operation
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REGULATION 6. REMOTE PLAY POKER PLATFORM REQUIREMENTS AND STANDARDS
Section 1. The applicant's gaming protocols must comply with the minimum requirements and standards set forth hereunder.
Section 2.The Remote Play Poker Platform shall have documentations/manuals,i.e website and/or desktop and/or mobile application documents indicating, among other salient details. others, the main functions, web design, and contents, accounting documents, and
Philippine territory and shall not be accessible in any way whatsoever inside the Section 3.The Remote Play Poker Platform shall not accept bets coming from within Philippines or by Filipinos abroad.
Section 4. The proposed Remote Play Poker Platform must comply with the following standards:
A. Player Registration
The Remote Play Poker Platform's player registration or Know-Your-Customer (KYC) process must have the following minimum capabilities and/or functionalities:
i. Requires the prospective Player to submit his/her a.Full Name b. Date and place of Birth.
c. Contact Number, d.Current Address e. Permanent Address
g. Proof of identification or identification number e.Nationality
h.Nature of work,Name of employer, Nature of self-employment/business f.Source of funds
ii.Only persons twenty-one 21 years of age and above shall be allowed to
register.
iii. Requires the prospective Player to submit a recent photo of himself/herself.
iv.Requires the prospective Player to submit a copy of the bio page of his/her valid passport.
v. Requires the prospective Player to declare the following information a. That he/she is at least twenty-one (21) years of age; and b. That he/she is not among any of those persons disqualified under the law to engage in gambling.
vi.A screenshot of a mandatory real-time photo ID to verify player eligibility and identity.
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vii. Prior to account confirmation,each player must read and accept the Terms of implementation in the Remote Play Poker Platform. A Player's violation of any provisions of the Terms of Use shall be a ground for cancellation of his/her Play Poker Terms of Use and must be approved by the OGLD prior to Use of the Remote Play Poker Platform.The Licensee shall submit its Remote
account.
viii. Failure to provide all reguirements during registration shall result to incomplete
registration which will prevent a prospective player from playing.
ix.The Player Registration System,as herein mentioned,may be performed by a government-regulated payment systems/channels/solutions or money transfer service.
B.Membership Verification and Monitoring
1.The Remote Play Poker Platform shall have the capability to ensure that only the functionalities for membership verification shall be mandatorily implemented in the platform: registered player is using his/her account to bet. Hence, either of the following
a.Biometrics verification ili. Iris scanning. ii. Fingerprint scanning; i. Facial verification;
Or
b.OTP Verification where the system sends a randomly generated one-time-PIN
player to allow access to the platform. (OTP) to the registered number of the player which must be inputted by the
2. Face to Face Registration- the prospective player may also physically register the operations area and witnessed by CMED-IG personnel. his/her account in the office/registration area of the Licensee which must be within
C.Responsible Gaming
The Remote Play Poker Platform must show infographics or short video clips to the player upon log-in which shows the responsible gaming reminders of PAGCOR
D. Game Play Requirements
a. The Remote Play Poker Platform must clearly provide notice that connivance may be sanctioned accordingly. between players is not permitted and is considered cheating,and such player/s
b. Systems must be capable of recovering from failures that cause interruptions
to gaming, including where appropriate, the capability to void the games (with or without manual intervention), the capability to suspend the games, and takes
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to their pre-failure state. Players' fund shall be returned for any voided games all reasonable steps to retain sufficient information to be able to restore events
E. Conduct of Gaming
Manual and Implementing Rules and Guidelines which are to be submitted to the The conduct of Remote Play Poker shall be subject to the licensee's own Operations
submission of gaming lay-out, surveillance plan, rake collection, minimum buy-in, bad OGLD for evaluation and approval. This shall include the following but not limited to
beat jackpot,cash game tournament mechanics and marketing programs
Bad Beat Jackpots and Poker Tournaments offering are optional and their implementation requires PAGCOR's prior approval.
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REMITTANCE REGULATION 7.FINANCIAL REQUIREMENTS REPORTING,
Section 1.Application Fee
of payments using the Remittance Form within thirty (30) calendar days from payment with validation from the bank to the OGLD the requirements and are requisite to processing of applications and recommendation for board approval. It is the duty of the applicant to make sure to surrender the proofs Deposit Notice and Payment Form. Proofs of payment for application fee form part of The application fee shall be paid upon the advice of OGLD through the issuance of a
Renewal per three (3) years First issuance -- valid for three (3) years Type of Application Application Fee $100,000.00 $100,000.00
Section 2. Regulatory Fee
whichever is highest among the following: The licensee shall be imposed of a monthly regulatory fee computed based on
a.$15,000.00 for the first twenty 20 tables and $1,500.00 per table in excess thereof;
b.20%of the PAGCOR Share
The PAGCOR Share is the total collection of gross rake contribution from cash games, tournament entry fees, jackpot rake, administrative fees; and
c.Minimum Guaranteed Fee (MGFamounting to $15,000.00
Section 3.Performance Bond
license. A performance bond is a monetary requirement which shall guarantee completion and fulfillment of contract and obligations with PAGCOR.The performance Licensees are subject to the posting of a performance bond prior to the release of
bond is refundable upon expiration/cancellation of the license, subject to the settlement of any outstanding obligation.
Guaranteed Fee or equivalent to six (6) months fees for the existing tables, whichever is higher. The performance bond shall be in the amount eguivalent to six (6) months Minimum
A.Guidelines on Performance Bond
i. The performance bond is non-transferrable,unless otherwise approved by the The performance bond shall be used to cover for any unpaid financial liabilities Board.
of the licensee/authorized entity/accredited entity.
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iv. The licensee shall replenish its performance bond within thirty(30) calendar days iii. If the performance bond is less than the licensee's accounts payable to PAGCOR,the remaining amount after forfeiture of the performance bond is still due and demandable to the licensee.
incidental to its operations. in the event of usage to cover for unsettled accountabilities with PAGCOR
B.Processing of Refund
1.The licensee entity shall submit to the OGLD a letter-reguest for the refund of the performance bond,surrender the certificate of license,including the following documentary reguirements: b.General Information Sheet c. Notarized Board Resolution and/or Secretary's Certificate authorizing the a.Official Receipt of the performance bond performance bond shall be refunded,if issued abroad, the same must be person to claim and receive the refund or bank details where the
4. Board-approved requests for refund shall be forwarded to the Accounting 2. Only a licensee/authorized entity/accredited entity who is clear of all financial 3.All requests for refund shall be subject to the approval of the Board. 5.The refund of the performance bond is subiect to completion of documents which Department for their appropriate action. obligations with PAGCOR is entitled to a refund. d.Certificate of Tax Clearance from the BIR. apostilled;and
may be prescribed by PAGCOR.
C.Forfeiture of Performance Bond
a.Upon cancellation of a license, the performance bond of the licensee shall be forfeited in favor of PAGCOR, and the former adhere to the following guidelines License, unless approved to be extended for meritorious reasons: within thirty (30 days from the receipt of the Notice/Order of Cancellation of
1. The licensee shall remove all physical signages, logos, symbols, emblems,
2. All regulated gaming equipment and paraphernalia shall be accounted for and internet. stickers, and other advertising and promotional collaterals within its premises. advertising and other virtual expression or presence in social media and the The licensee shall do the same for its website, mobile applications, web
3. The licensee should file a formal reguest for disposal of above regulated store in a secure location while awaiting approval for disposal.
assets. Physical disposal shall be applied according to any of the following means:
4. Once duly approved and advised by PAGCOR,the licensee shall promptly iv.Donation to PAGCOR iii.Transfer/Sale to another licensee ji.Destruction i. Return/Ship out to original supplier carry out all undertakings required to implement disposal within the prescribed
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5. Storage media of computer servers,surveillance services,audio/video records timeframe, including processing permits/approvals by concerned government the like.All expenses incurred to properly dispose regulated gaming items offices,coordination with authorities,engagement of third-party providers and according to these guidelines shall be for the account of the licensee
6. In case the licensee fails to dispose regulated gaming assets within the present of the assigned PAGCOR Monitoring Team, who shall witness, and all other digital and analog recording or forage shall in the same principle be purge, erased, and/or destroyed within the prescribed timeframe in the document, and certify the activity. prescribed timeframe,the same shall be impounded or confiscated in favor of PAGCOR.
b.In the event of cancellation of a license, the OGLD shall
1. Advise/coordinate with concerned corporate departments on the request for
2. Inspect the licensee premises for full compliance to the proper disposal of disposal of regulated gaming assets by the licensee.
3. Advise Accounting Department to implement the final forfeiture upon approval regulated gaming equipment and paraphernalia and certify the same. by the Board.
Section 4. Additional Site/Transfer of Site Fee
Application for additional site or transfer of operating site to a building other than that of the existing operating site shall be $20,000.00 inclusive of inspection fee and printing of one certificate.
Section 5.License Reprinting/Certified True Copy of Certificate
a.Request for Certified True Copy (CTC) of certificate shall be $100.00 per
document.
b.PAGCOR shall impose a fee of $3,000.00 for requests for certificate reprinting.
Section 6.Shipment Clearance Fee
A shipment processing fee of One Thousand Pesos (Php 1,000.00)shall be charged to the applicant for each Shipment Clearance Request to cover for the administrative costs during evaluation and preparation of all documentary requirements.
Section 7.Permit to Possess Gaming Paraphernalia (PTP)
paraphernalia shall apply for a PTP.This certificate is coterminous with the license A licensee who intends to possess gaming tables gaming equipment and gaming
and may be renewed thereafter. The PTP is site-specific and is issued for the
paraphernalia are located. operating site where the gaming tables, gaming equipment and/or gaming
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In cases when the gaming tables are transferred to another operating site,the PTPl
Accordingly,the licensee shall apply for a new PTP bearing the correct operating site address, subject to the rules on change of address or operating site. issued for the previous operating site will thus be considered null and void
a.The application fee for the PTP is $100,000.00 valid for three 3 years and is
coterminous with the license.
b. For other kinds of applications for PTP, the following shall apply:
1.For the additional site of PTP, the rates for additional site fee shall apply 2. For the transfer of site of PTP,the rates for transfer of site fee shall apply
c. Once the license is expired or cancelled, the licensee may request for a grace disposing of the gaming tables,equipment and/or paraphernalia. period or an extension of the PTP only for the purpose of decommissioning and/or
Section 8.Billing and Collection of Regulatory Fee
The following procedure shall apply in the billing and collection of licensees'regulatory fee:
a. The billing shall be submitted until every 5th of the month to the AD, copy b. AD is given until every 10th of the month to reconcile the submitted billing report d. For protests on the billed regulatory fee, the following shall apply: c. The Licensees are given until every 15th of the month to settle their billing furnished the OGLD. and send to the licensees their respective billing statements.
1. The Licensee must first settle the billed amount prior to the filing of protest with
AD
3.Protests filed fifteen (15) days after the deadline of payment shall no longer be 2. AD shall process the filed protest according to its existing policies, rules,and procedures pertinent to the same considered.
e.For cases when the licensee fails to settle its regulatory fee for two2 months,the following shall apply:
1.For Accounting Department (AD)
i. Upon due evaluation by the AD,a Notice of Delinquency shall be issued to the concerned licensee.This notice shall be different and separate from the
ji. If the licensee still fails to settle its financial obligations on the given deadline, iii.AD shall inform the licensee of the application of the bond as well as the AD shall effect the forfeiture of the posted performance bond,subject to the latter's internal rules and procedures. forfeiture. monthly billing statements sent by the AD to all licensees requirement to replenish the same in full within thirty (30)calendar days from
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iv. AD shall likewise inform the OGLD of the forfeiture for the latter's monitoring.
2.For OGLD
i.OGLD shall monitor compliance of the licensee with the requirement to
replenish the performance bond in full within thirty (30) calendar days from its forfeiture.
I. iv. ii. Pending replenishment of the performance bond, all transactions of the Failure to replenish the performance bond in full shall warrant the Upon bond replenishment, OGLD shall notify the AD for the latter's reference suspension of license. concerned licensee with this office shall be held in abeyance.
and future action.
c. Collection of the corresponding cash penalty for demerits imposed:
M Upon issuance of a Notice of Demerit, the licensee is given fifteen (15) working
2. Reguests for reconsideration of the Notice of Demerit shall be allowed within days from receipt thereof to settle the equivalent cash penalty.
fifteen (15 working days from receipt of the Notice, subject to the following reguisites:
Letter of reconsideration specifying date of receipt and citing reasons for the reguest:
3. In case no reguest for reconsideration is made and no reconsideration fee has iii.A non-refundable/non-transferrable reconsideration fee of $500.00 Ii Supporting documents; and
been paid within the allowable period,the Notice of Demerit shall become final 4. Once it has become final,OGLD shall notify the licensee of the forfeiture of the
5. The licensee whose bond has beer equivalent cash penalty from the performance bond, copy furnished AD en forfeited shall be required to replenish the
6. same within three (3) banking days from the date of forfeiture. Pending replenishment,all transactions of the licensee shall be deferred. Continued non-compliance for thirty (30 calendar days from the issuance of
the additional demerit points shall result in the suspension of license.
d. Procedures in the processing of reguests for reconsideration 1 All letters of reconsideration must be filed within fifteen 15 working days
2. The OGLD shall resolve the request for reconsideration within fifteen (15 from receipt of the Notice of Demerit.
3. The licensee shall be furnished a copy of the resolution to lift the demerits or working days from receipt thereof and payment of the reconsideration fee
4 deny the request. Once denied,no further reconsideration shall be entertained. The licensee
the same shall be forfeited from the performance bond pursuant to these shall be given seven (7) working days to settle the cash penalty, otherwise.
regulations.
Section 9. Issuance of Deposit Notice and Payment Form
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a.FOCAS-OGLD is the unit solely tasked with the issuance of deposit notices.The
proceed with the payment for application/s filed with the OGLD.The Deposit Notice and Payment Form or OG Form 13 shall contain Deposit Notice and Payment Form or OG Form 13 authorizes the applicant to 7. Validity period of the Deposit Notice and Payment Form 3. Particulars of Payment: 5.Reference Number 1. Name of licensee/ applicant; 2.Type of Application 4.Amount to be paid; 6.Authorized OGLD Signatory on the Form/Signature/Position/Date;and
b.All deposit notices are valid only for thirty(30) days upon date of issuance, unless otherwise provided.
c. All proofs of payment together with the deposit notice issued must be surrendered to the OGLD for proper accounting within thirty (30) days after payment.
d. Failure to submit proof of payment within one(1year shall result in the forfeiture of the amount deposited in favor of the PAGCOR.
Section 10.Proof of Payment
Proof of payment must be surrendered to the OGLD within thirty (30) days from payment, together with a copy of the deposit notice issued to the applicant. This forms part of the requirement for applications for license.
a.Original copy of proof of payment must be attached to the Payment Remittance Form containing the following pertinent information is acceptable:
2. Amount Paid; 3.Bank's Validation; 4.Name of Payee; and 1.Date of Payment;
5. Reference Number/Description/Particulars of the payment.
b. Submitted Proof of Payment is subject to verification with the Land Bank of the
Philippines.
c. All fees indicated in this regulation are non-refundable except for the performance bond.
d.For Bank Wire Money transfer, acknowledgement of the receiving bank is
accepted. necessary. Mere order/proof of transfer or application for payment will not be
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FINANCING REGULATION 8. ANTI-MONEYLAUNDERING AND TERRORIST
Guidelines for Designated Non-Financial Business and Persons, and other regulatory All licensees shall comply with the provisions set forth in the Anti-Money Laundering Act (AMLA),as amended,the Terrorism Financing Prevention and Suppression Act issuances of the Anti-Money Laundering Council (AMLC). (TFPSA)their Implementing Rules and Regulations IRRs, the 2021 AML/CTF
overall money laundering and terrorism financing (ML/TF) risk management and Laundering Council, and its equivalent regulating unit in PAGCOR, covering the control framework of the licensees. Accordingly,they shall comply with documentary requirements, compliance checking requirements, and other submissions as may be required by the Anti-Money
OGLD shall be copy furnished in all submissions
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REGULATION 9.ENFORCEMENT MEASURES
Section 1. The enforcement measures which the OGLD may take are the following:
a. An Order, howsoever named, directing the licensee to do, or to refrain from doing something or to otherwise correct its conduct and,or operations;and/or
b. A Warning, howsoever named, directing the licensee to do, or refrain from doing. something in the future, and/or
C. Adding, removing, or amending conditions attached to the license held by the relevant licensee;and/or
d A Demerit based on Section 2,Regulation 5 of these Regulations;and/or
e In the case of a breach which is not a violation enumerated by the regulations, imposing the administrative penalty of Fines; and/or
Suspension of license/authorization; and/or
g. Cancellation of license/authorization.
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Section 2.Table of violations,demerit points
A. Table of Violations
VIOLATION DEMERIT POINTS COMMISSION 1s ENFORCEMENT MEASURES COMMISSION 2 CONTINUED NON- COMPLIANCE
2 of Managerial level The Licensee's Owner/s,Director/s an offense in gambling laws of the Philippines and/or employee/s is/are convicted of violation of anti- The Licensee's Forfeiture of performance bond in favor of the -Cancellation of the license/authorization. Upon commission of such violations, the following shall be imposed: PAGCOR;and
3. O Ithe license by a Owner/s, Director/s, of Managerial level Licensee obtains misleading Falsification of the and/or employee/s is/are convicted of any serious offense under any other law materially false or representation
Licensee of documents/
submitted to PAGCOR requirements
5 Fraud,
misrepresentation, cause or any other form of deceit in the conduct of its business of the Failure to operate by the Licensee three (3) months from the issuance of its license without justifiable Licensee within a period of 20 Upon commission of this offense,a Warning and issuance of the Notice of Demerit shall warrant non-operation of fifteen(15 days following the Notice of Demerit shall be issued. Continued the cancellation of the license/authorization, unless otherwise approved by the Board.
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9 10.Preventing the 7 Of a building, and Failure by a or misdeclaration of actual operations Preventing the gates or entrances other openings inspection team of an operating site Failure by a Licensee to declarel PAGCOR Monitoring Team from entering the operating address starting from the from accessing all areas, rooms,and taking of pictures or video by the Licensee to declare 20 20 20 20 Show Cause Show Cause appropriate $20,000.00 $20,000.00 Order with Order with Warning. Warning Notice of Notice of apply for Demerit Demerit Order to license fine of fine of Cancellation license and forfeiture Suspension of Suspension of forfeiture of the performance Cancellation of license and license license of the performance bond bond Cancellation of Cancellation of license license
11.E 12.Licensee is found to machines, and document the Being found in their employees for the premises, equipment to conduct of possession of the inspection travel documents of no valid reason have employed undocumented and/or improperly 20 20 Show Cause Show Cause $20,000.00 $20,000.00 Order with Order with fine of fine of Cancellation license and forfeiture Suspension of license of the performance bond Cancellation of license
13. Failure by a national/s and/or available documented foreign licensee to declare a gaming website, 10 Warning. Notice of Demerit Suspension of license Cancellation of license
games in operation for auditing of the
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17. [Failure to notify 15. [Failure to cooperate 18.Violation by the 19.Failure of the 14. 16. personnel of independent testing Failure of the issuances of OGLD platform. Licensee is found to prohibited age checker, third-party audit platform. with an order from players explain the causes thereof;or attempts in any way to abscond from its obligations to its players OGLD regarding new or additional, third-party audit have employed with a PAGCOR- accredited probity licensee to comply PAGCOR and to address/reply to complaints of PAGCORwhen the operation for one (1) week and cannot licensee of policies rules, regulations, and subsequent licensee to notify the aboratory, and/or icensee ceases 10 10 10 10 10 10 Warning/ Notice of Warning/ Notice of Warning/ Notice of Warning/ Warning/ Notice of Notice of Demerit Warning Demerit Demerit Demerit Demerit Suspension of Suspension of Suspension of Suspension of Suspension of Notice of Demerit license license license license license Cancellation of Cancellation of Cancellation of Cancellation of Cancellation of Cancellation of Suspension of license, license license license license license license
implementation gaming tables at prior to reduction, or movement of east three(3) days
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20.Failure of the 21.Failure of the 22. disposal of gaming Tampering of sealed licensee to submit by PAGCOR licensee to notify the OGLD regardingl table or equipment at least three (3) days prior to implementation documents, or other requirements as may be prescribed certificates 10 10 5 Warning/ Notice of Warning Warning Demerit Suspension of Notice of Notice of Demerit Demerit license Cancellation of Cancellation of Suspension of Suspension of Cancellation of license, license, license license license
B.Assessment of Demerits
1.The licensee shall have three hundred(300merit points for the validity of its license
whether upon first application or renewal.Demerits incurred throughout the license validity will be recorded and deducted from the total merit points.
2.Based on the nature of the offense,each offense will correspond to demerits with
equivalent monetary penalties.Each demerit point is equivalent to $1,000.00.
3. Corresponding monetary penalty will be collected from the licensee. Non-payment the amount from the performance bond. of the monetary penalty within the prescribed period shall result in the forfeiture of
4.OGLD may issue additional list of offenses with corresponding penalties,as it may deem necessary.
5.Notwithstanding the imposition of penalties and payment of fines, demerit points will be taken into consideration in the renewal of license. At the expiration of the license,those which incur a total number of 151 demerit points will not be eligible to renew their license.
6.For licensees who are eligible to apply for the renewal of their license,application include cash penalty for demerits. is subject to the payment of arrears and settlement of financial obligations, to
Section 3.Grounds for Suspension and Cancellation of the License
A. The Board shall have the power to motu proprio suspend a license in the following instances:
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2. The licensee has failed to comply with an order issued by PAGCOR; 1. The PAGCOR is satisfied that the licensee, or a person holding a direct or 4.The licensee has failed to discharge financial commitments for its operations or 6.Circumstances arise which,had they been present and known to the PAGCOR 3. The licensee has failed to comply with one or more applicable obligations in 5. The licensee is in breach of laws or regulations at any time in force for the the PAGCOR has reason to believe that such failure is imminent; indirect interest in the licensee,or a person holding a key function in the licensee is not,or has ceased to be, in the opinion of the Board,fit and proper to hold such license; terms of any regulations or any other applicable law of the Philippines; prevention of money laundering and financing of terrorism;
7. The licensee has failed to pay in a timely manner any and all amounts due to the 8. The Board, in its discretion, has determined that there is material and sufficient such license; PAGCOR; at the time of issuance of the license,would have led the PAGCOR not to issue
reason for suspension of the license.
B. The Board shall have the power to motu proprio cancel a license in the following instances:
1.One of the grounds under Section 3(Aof this Regulation arises and the Board in its discretion, determines that cancellation of the license is the most
appropriate measure;
2.The Board has suspended the license in terms of Section 3 A of this Regulation and, in the circumstances of the case, it becomes satisfied that the matter which led to the suspension cannot be rectified.
C. The suspension or cancellation of the license shall not affect any liability of the licensee for anything done or omitted to be done,or for any amounts due which
may have already accrued before the date of suspension or cancellation.
D. Without prejudice to any applicable law, the liability of the licensee to pay any applicable compliance contribution, gaming devices levy and,or gaming tax shall
stop accruing during any period in which the license is suspended
Provided that the licensee shall have no right to recover any applicable dues paid in advance.
Section 4.Cancellation of License
shall apply: For cases when the Board cancels a license and orders the closure of an operating site and cessation of internet gaming operations under these regulations,the following
1. The licensee shall be banned from re-applying with OGLD for a period of one the date of license cancellation. (1 year or a longer period as may be determined by the Board reckoned from
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2. The original certificate/s to the licensee shall be surrendered immediately upon 3. The Performance Bond shall be forfeited in favor of PAGCOR subject to the license cancellation
4. Payment of outstanding financial obligations due to PAGCOR guidelines under the Internet Gaming Licensing Regulations
Section 5. Request for Reconsideration
1. For cases when the concerned licensee files a Request for Reconsideration on the
cancellation of the previously granted license, its operations shall remain suspended pending decision of the Board.
2.In meritorious cases when the Board grants the Request for Reconsideration,the
to Resume Operations. licensee shall resume its operations only upon issuance by the OGLD of a Notice
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REGULATION 1O.RESPONSIBLE GAMING
The licensee shall institute a Responsible Gaming PAGCOR's Responsible Gaming Code of Practice Program in accordance with
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REGULATION 11.MISCELLANEOUS PROVISIONS
Section 1. Separability Clause
If, for any reason, any provision of these rules is declared unconstitutional or contrary to law, the other parts, or provisions hereof which are not affected thereby shal continue to be in full force and effect.
Section 2. Effectivity
These rules shall become effective upon approval by the PAGCOR Board of Directors. Upon becoming effective, these rules shall be applied to all applicants for license and all licensees to the extent that they are applicable.
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