Gaming Law 2023 Comparisons

The cornerstone of the Mexican gambling regulatory framework is the Federal Gaming and Raffles Law (the “Gaming Law”), which was published in 1947 with only 17 articles. Its paucity of content shows that the historical reality in 1947 was very different from the present day, with the internet and social networking.

For 57 years, the Gaming Law was the only legal framework for gambling in Mexico. Due to the ensuing uncertainty, and the precarious and limited nature of gaming regulation, as well as the continuous opening of land-based establishments, protected through constitutional court proceedings, on 17 September 2004 the Mexican government published the Regulations of the Federal Gaming and Raffles Law of 1947 (the “Gaming Regulations”), in order to improve and complete the federal law.

The Gaming Regulations were then reformed in 2012 and 2013. However, given the technological evolution and development of the gaming industry, further adaptations are required. Obviously, the technology used in 2004 is completely different to that used today. As an example, there are only three articles in the Gaming Regulations related to the placing of bets via the internet, telephone or electronically, even though the online gaming industry is growing exponentially in Mexico, not only in terms of operators and service providers, but also the number of participants.

Finally, at the moment of publication (November 2023), a controversial reform has been proposed by the National Commission for Regulatory Improvement, which has been publicly supported and promoted by the Ministry of Interior, intending to prohibit the “drawing of numbers or symbols through machines” (ie, slot machines), which are solely regulated under the Gaming Regulations.

Although legality of said reform is, at least, questionable, the support of the political party currently in power is likely to be enough to pass it, anticipating a waterfall of constitutional procedures from the whole gambling sector.

As mentioned in 1. Introduction, the Gaming Regulations in Mexico do not contain a clear reference to online gaming activities. The Mexican regulations contain only three articles related to the placing of bets electronically or on the internet.

As an example, according to Article 91 paragraph VII of the Gaming Regulations, raffles may be conducted by mass media, among other forms.

On the other hand, Article 85, relating to sports books, establishes that all authorised casinos will be able to capture bets via the internet, telephone or electronically. To do so, they must have an internal control system for transactions and describe the procedures and rules that ensure inviolability and prevent the manipulation of betting systems, among other requirements.

Finally, according to Article 104, participants attracted or registered through the internet or a telephone network must be identified through a number of registrations. For this reason, and as stated previously, there is a legal gap that has created a need to reform the law in order to create a special chapter to clearly and expressly regulate online gambling.

According to Mexican law, all games in which betting is involved must have authorisation and will be controlled and supervised by the Ministry of the Interior (Secretaría de Gobernación or SEGOB). The games that are expressly accepted are those described in Article 2 of the Gaming Law, as follows: chess, draughts and other similar games; dominoes; dice; blackjack; bowling; billiards; football; and, in all their variations and denominations, races involving people, cars and animals; as well as, in general, all kinds of sports.

Land-based casinos and online gaming are permitted. In Mexico, there are 36 land-based permit holders that are, or could be, allowed to operate online gaming.

A land-based casino normally covers bingo, raffles and slot machines but not online gaming or live gaming (poker and roulette). Permit holders must request special authorisation from SEGOB for those activities.

Notwithstanding that some games – such as live gaming, poker or roulette – are not expressly described in law, the Mexican government has authorised some permit holders to offer them in Mexico.

With regard to social gaming activities, the Gaming Regulations exclude the following from the need for authorisation: games involving betting that are played without profit, in a private home for the sole purpose of fun or as an occasional pastime, and that are not performed regularly, involving only people who are related, owners or residents of the place where they are carried out and who are admitted by them.

In Mexico, any gambling or gaming matters are governed by:

• the Federal Gaming and Raffles Law (the “Gaming Law”); and
• the Regulations of the Federal Gaming and Raffles Law (the “Gaming Regulations”).

The Gaming Law and the Gaming Regulations are federal legislation and therefore apply all over Mexico.

According to Article 1 of the Gaming Law, gambling is forbidden in Mexico and the only games and raffles that will be authorised by the Gambling and Raffles Bureau (Dirección General de Juegos y Sorteos, or the “Bureau”), which is the only authority empowered to grant gambling and raffle permits, are those games or raffles described in 2. Jurisdictional Overview.

According to Article 7 of the Gaming Regulations, games involving betting and raffles may only be carried out, operated or organised with prior written permission issued by the regulator.

The Gaming Regulations have expanded the Gaming Law’s restrictive vision and regulate gaming, betting and lotteries; however, the provisions are still insufficient and not properly actualised. As an example, “online gaming activities” do not have a complete description and requirements, and most of the related regulation and decisions rest on the Bureau’s criteria.

On the other hand, even though gaming activities are exclusively under federal jurisdiction, local governments and legislation are relevant to casino gaming, through property law, and local authorisation is required in order to open casino establishments. In some cases, local governments (eg, Baja California Sur) prevent the opening of new land-based casinos, with local constitutional zone retractions for such purposes. The states of Baja California Sur, Coahuila, Guanajuato, Nuevo Leon and Tlaxcala have established such (non-retroactive) restrictions or prohibitions within their legislation regarding the opening of such establishments.

Gambling is defined as any game in which there is a bet, as provided in the Gaming Law and the Gaming Regulations, subject to authorisation by the Bureau.

Land-based gambling is defined as any open or closed place in which games involving betting or raffles are carried out with the permission of the Bureau in terms of the Gaming Law and the Gaming Regulations.

As mentioned in 2.2 Land-Based, the Gaming Regulations do not refer specifically to online gaming; therefore, the law does not have a formal definition.

According to Article 151 of the Gaming Regulations, the following, among others, are classified as serious offences:

• when the permit holder fails to comply with any term or condition established in the permit or in law;
• when the information or documentation provided to the Bureau to obtain the permit is false;
• when the permit holder or any of its shareholders or beneficiaries are convicted of fraudulent crimes of a patrimonial, fiscal nature or related to organised crime or operations with resources of illicit origin;
• when the permit holder or any of its shareholders or beneficiaries are declared bankrupt;
• when the operation or services provided to the public are interrupted for a second time in a 12-month period, totally or partially, without any just cause; and
• when the permit holder modifies or substantially alters the nature or the conditions of games involving, eg, betting or authorised draws.

In accordance with Article 147 of the Gaming Regulations, any infringement of the law, or the permits issued by the Bureau, will be sanctioned with:

• a fine;
• arrest;
• the suspension of activities; and/or
• revocation of the permit and closure of the establishment(s).

If a person is caught carrying out games of chance involving betting without having a permit issued by the regulatory authority, this is regarded as an illegal activity and is punished with imprisonment.

According to Article 12 of the Gaming Law, a prison term of between three months and three years and a fine of between MXN500 and MXN10,000 will be imposed on the owners, organisers, managers, administrators and players involved when forbidden gambling and betting take place, as well as others who participate in any way.

At the moment of publication of this article (November 2023), a controversial reform has been proposed by the National Commission for Regulatory Improvement, which has been publicly supported and promoted by the Ministry of Interior, intending to prohibit the “drawing of numbers or symbols through machines” (ie, slot machines), which are solely regulated under the Gaming Regulations.

In terms of Article 3 of the Gaming Law, SEGOB, through the Bureau, is the federal executive power responsible for the regulation, authorisation, supervision and enforcement of gambling and raffle activities, including betting.

This authority is responsible for gambling in Mexico, with the exception of the National Lottery for Public Assistance (Lotería Nacional para la Asistencia Pública or LOTENAL), which has its own law and is owned and operated by the government.

The Gaming Regulations effectively provide for the organisation of games of chance in Mexico and, with their promulgation, they ended several disputes and conflicts arising from the deficiencies of the federal law. The jurisdiction’s approach in terms of regulation is therefore based on acquired rights.

No recent or forthcoming changes have been made, or are expected to be made, regarding the licensing and regulatory framework in Mexico.

The Gaming Law establishes four types of licences:

• licences for opening and operating horse and greyhound race tracks, jai alai fronton arenas, remote betting centres (sports books) and betting centres or rooms for drawing numbers (land-based casinos, under which live gaming, slot machines and online gaming activities are classified) – these are granted only to Mexican commercial companies duly constituted under Mexican laws;
• a licence for opening and operating facilities for gambling at national fairs (eg, the Feria Nacional de San Marcos);
• a licence for the opening and operation of horse race tracks in temporary scenarios and cockfighting betting; and
• a licence for draws.

The operation of sports books and land-based casinos requires the specific approval of the local municipality, stating its consent to the installation and operation of such establishment. There is no standard procedure for obtaining this authorisation, nor a standard document that local authorities use for this purpose, so the documents and wording differ from one administration to another.

As mentioned, any person or business entity who/that wishes to operate a gambling activity must obtain a licence before starting business. Only Mexican legal entities – commercial companies duly formed and registered under the Business Entities Act – can apply for sportsbooks and land-based casino licences.

The Bureau will assess a variety of factors; specifically, for sportsbooks and land-based casino licences, it will scrutinise the integrity and probity of the applicant’s shareholders and key personnel, the applicant’s experience in the operation of the relevant product, and the incorporation of the principles of good corporate governance in the applicant’s by-laws. The application must include disclosure of the ultimate beneficial owner.

However, the reality that prevails in Mexico is that the regulatory authority rarely grants new permits for land-based casinos. Therefore, any organisation interested in establishing a land-based casino or carrying out online gambling must be associated with one of the 36 authorised licensees.

For this purpose, permit holders must request, in terms of Article 30 of the Gaming Regulations, an authorisation from SEGOB to exploit their permit jointly with an operator (non-licensed entity) through some kind of association such as a joint venture, a service provider agreement or an agreement of any other nature. These third-party entities must be Mexican, with or without foreign stock capital. In addition, there are restrictions or prohibitions on the operator related to:

• acquiring corporate or administrative control;
• becoming a beneficiary of the permit holder; or
• assigning the operation of the betting centre to third parties.

The Gaming Regulations establish that land-based casino licences will have a minimum duration of a year and a maximum of 25 years and may be extended for 15-year periods. The specific duration of the licence within such minimum and maximum periods is entirely at the discretion of the gambling authority.

Licences for opening and operating fairs, as well as for opening and operating temporary off-site horse races and cockfighting betting, are granted for a maximum validity of 28 days or the authorised period, as applicable.

It is important to note that Mexican gambling legislation does not expressly mention the term “online gaming”.

Mexican law only states that establishments may take bets through mobile telephones, the internet or electronic devices. In the same way, Mexican regulations indicate that participants in raffles may take part through the internet or by telephone.

In other words, and based on the permits that Mexican law accepts, operators of land-based casinos may request authorisation to carry out online gambling, and national or foreign entities may enter into an agreement with one of the authorised permit holders to operate these activities.

Applications with the associated information and documentation are filed with the Bureau at its central offices in Mexico City. All documents must be original and in Spanish, while public documents from other jurisdictions must be apostilled and officially translated. In general terms, and among other things, the following information and documentation are required:

• name, nationality and address;
• property and financial statements;
• curriculum vitae;
• professional or patrimonial links with other licence holders, shareholders, advisers, beneficiaries or staff members;
• an affidavit stating they have no criminal record or history of bankruptcy; and
• a credit report from a credit information company.

Legal entities must additionally file:

• a copy of the incorporation deed, as well as all modifications; and
• balance sheets and statements of income.

No specific timing is provided in the Gaming Law or Gaming Regulations, nonetheless, according to Article 17 of the Federal Law of Administrative Procedure, unless a general legal or administrative provision establishes a specific term, the general term for the regulator to resolve any given filling shall not exceed a period of three months. After such term has elapsed, and no resolution has been issued by the authority, it shall be understood to been issued in a negative sense to the interests of the petitioner; such a rejection can be challenged trough a judicial procedure.

However, considering that the regulator has the power to request any additional documents or information deemed necessary, in practice, this kind of authorisation and its procedure generally exceeds the initial three-month timeframe provided by law.

The Gaming Regulations do not impose any fees for an application for a land-based licence and/or special authorisation for online gaming.       

According to Article 5 of the Gaming Law, licence holders, regardless of other taxes that the corresponding tax laws determine for this purpose, have to pay annual fees, denominated as “participation”, in a range of 1–2% of the net gaming revenue.

Applications and associated information and documentation must be filed with the Bureau at its central offices in Mexico City. See 4.7 Application Requirements for more details.

See 1.1 Current Outlook and Recent Changes and 4.3 Recent or Forthcoming Legislative Changes.

According to Article 76 of the Gaming Regulations, permit holders may be authorised by SEGOB to accept bets via the internet, by telephone or via electronic communications as well as handle bets for different events, such as sports competitions and games allowed by the Gaming Regulations.

For this purpose, permit holders or operators authorised in terms of Article 30 of the Gaming Regulations that are interested in obtaining a permit for online activities also need to comply with some other requirements. These relate mainly to technological and operational matters, which are mentioned in Article 85 of the Gaming Regulation and consist, among other things, of:

• a description of the control system for transactions carried out online, such as the measures needed to avoid the participation of minors and ensure responsible gaming; and
• a description of the procedures to be used to ensure the inviolability and prevent the manipulation of betting systems.

The aforementioned control system must have at least:

• the bettor’s account number and identity; and
• the date, time, transaction number, stake amount and requested selection.

Last but not least, the mechanism for attracting bets must be approved by the Bureau.

Mexican gambling legislation does not specifically regulate the use, registration or certification of software and/or suppliers. However, the government does intend to create an official standard to be observed or complied with by software providers and/or machine manufacturers. To date, this has not been discussed or approved.

Mexican gambling legislation does not specifically regulate affiliates.

Article 30 of the Gaming Regulations states that the permit holder can exploit its permit in conjunction with a third party, through some type of joint venture, the provision of services, or an agreement of any other nature.

For this purpose, the permit holder must request and obtain authorisation from the regulatory authority, and submit its petition accompanied by all the information contained in Article 22 of the Gaming Regulations relating to an application for a land-based permit. Also, the permit holder must have the following:

• a signed copy of the agreement entered into with the operator;
• the information and documentation regarding the operator referred to in Sections I, II, III and IV of Article 22 of the Gaming Regulations; and
• a declaration by the operator which shows that it is complying with the provisions of the Gaming Law and the Gaming Regulations, as well as:
1. not assigning the rights of the agreement or contract to third parties;
2. not changing its shareholding composition in the first and subsequent levels up to the last holder or beneficiary, unless it informs the Bureau under the terms of Section VII of Article 29 of the Gaming Regulations; and
3. avoiding entering into any agreement that allows a third party to operate the establishment (the Bureau will not authorise the agreement or instrument referred to in this article when, by virtue of it, the operator assumes corporate or administrative control of the permitting company or becomes the ultimate beneficiary of it).

See 3.7 Recent or Forthcoming Legislative Changes.

The primary tool to prevent unlicensed gambling activities is the prohibition on promoting unlicensed gambling websites. Moreover, it is prohibited for unlicensed gambling websites to undertake marketing or publicity in Mexico.

Internet service providers, broadcasters, radio stations and some suppliers for the gambling industry, including payment processors, are prevented from hiring, and providing services to, unlicensed websites. In fact, those companies normally do not enter into agreements with those websites.

The gambling regulatory framework is focused on protecting minors and preventing their access to gambling, as well as ensuring the integrity and transparency of gambling activities and maintaining a fair game system that is constantly supervised. All entities that are involved in the gambling industry and hold a licence granted by the Bureau (both land-based and online operators) must have internal controls or measures to help prevent gambling addiction.

No recent or forthcoming changes have been made, or are expected to be made, regarding responsible gambling (also known as safer gambling) in the Bureau’s policies and criteria.

Regarding online gambling, almost all the permits granted by the Bureau have specifically established that all authorised casinos must have an internal control system in order to prevent minors from placing bets and the manipulation of betting systems, among other requirements.

Furthermore, the authority stipulates that platforms must be designed to enable responsible gambling functions, such as the right of participants to self-exclude from gambling. In addition, operators are obliged to have warning messages on their platforms to help prevent gambling addiction as well as messages detailing the possibility of receiving counselling and treatment.

Moreover, some permit holders make substantial contributions to different NGOs related to responsible gaming.

In accordance with the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (the “Anti-money Laundering Law”), gambling activities are considered “vulnerable activities”. Permit holders and operators are therefore obliged to comply with the provisions of the following laws, among others:

• the Anti-money Laundering Law;
• the regulations of the Anti-money Laundering Law; and
• the general rules referred to in the Anti-money Laundering Law.

No recent changes have been made regarding Anti-money Laundering (AML) legislation, and no forthcoming changes are expected.

Licence holders have certain obligations under the Anti-money Laundering Law, the most significant of which are:

• to register as “performers” of the vulnerable activity;
• to identify their clients, players or buyers, verifying their identity based on credentials or official documentation and gathering copies of the documentation supporting such identification;
• to request from their clients information on whether they have knowledge of the existence of the owner or beneficiary and, in any case, to request them to exhibit the corresponding official documentation that allows them to identify them, should such information be in their possession; and
• to give notice to the applicable authority when any of the gambling activities exceeds approximately USD2,500.

The relevant regulatory/supervisory agencies are the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público), through the Financial Intelligence Unit (Unidad de Inteligencia Financiera) and the Deputy General Directorate of Legal Processes (Dirección General Adjunta de Procesos Legales).

In terms of Article 9 of the Gaming Regulations, the advertising and marketing of games involving betting and raffles, authorised in accordance with the Gaming Law and the Gaming Regulations, as well as that conducted in the establishments in which they are carried out, will be performed in accordance with the terms of the applicable provisions.

Relevant products may only be offered to persons of legal age. People under the influence of alcohol or drugs will not be allowed into the facilities. Bets will be made in the national currency, Mexican pesos (cryptocurrency is excluded). Permit holders cannot offer credit to the participants.

Any advertising and/or marketing of gaming activities must be performed under the following terms and conditions:

• it cannot explicitly promote games that feature betting;
• it must be expressed clearly and precisely to avoid inducing error, deception or confusion among the public;
• it must indicate the relevant licence number;
• it must include warning messages indicating that games that feature betting are prohibited for minors; and
• it must include messages inviting people to play responsibly and with the main purpose of entertainment, fun and recreation.

The sanctions or penalties that can be imposed for infringing advertising regulations include fines or, in cases where the breach is considered serious or significant, the closure of the establishment. The severity of the punishment will depend on the criteria of the authority and the implications of the offence committed by the permit holder or operator.

These sanctions may be imposed by the regulatory authority or, in a few cases, by the Federal Consumer Protection Agency.

No recent changes have been made, or are expected to be made, regarding the Advertising Bureau’s policies and criteria.

Permit holders have an obligation under the Gaming Regulations to inform SEGOB of any change of control of permit holders and their authorised operators. Although there is no definition of “control” within the gaming legal framework, permit holders are obliged to notify the authority of any change of shareholders up to the ultimate beneficiary owner in their corporate structure, as well as any modification to their authorised operators.

A notice obligation is triggered whenever:

• a share purchase (or partnership interest) agreement is executed; or
• any modification is made to the percentage of participation of its partners or shareholders.

Such provision is applicable to any change in the shareholding composition of the permit holder or of the shareholders or partners thereof, whether it is carried out through capitalisations, reduction of capital, spin-offs, mergers or other corporate practices in which other companies mediate between the permit holder, shareholders, partners and the ultimate beneficiary owner. The only exception is operations carried out through the stock exchange, in which the transaction does not imply a change of control in the permit holder and/or authorised operator.

The Gaming Regulations do not provide any special rules in relation to passive investors in acquisitions or changes of control; the general rule mentioned in 10.2 Change of Corporate Control Triggers is also applicable in this scenario.

In cases where the regulatory authority considers that the violations committed by permit holders and/or operators are serious, it proceeds to revoke the permits granted and/or close down the establishments operated under said permit. In less serious cases, fines will be imposed.

This process is carried out through corresponding administrative sanctioning procedures and with the right of defence of the interested parties.

In the case of serious violations of the law or illegal gambling, the regulatory authority gives the right of intervention to the criminal authorities.

The authority carries out the execution of its resolutions, such as the closure of establishments, using public force such as the national guard and, in serious cases, the army. The establishments are sealed to prevent further activities.

Regarding fines, these are collected through collaboration agreements with the different authorities.

Financial penalties are enforced through the collection procedures established in the law, in which goods or cheque accounts can be seized if the permit holder or operator refuses to pay the fine. No recent changes have been made, or are expected to be made, regarding the Enforcement Bureau’s policies and criteria.

Although infractions of the Gaming Law and/or the Gaming Regulations do not constitute crimes or felonies, such provisions do contemplate administrative detention as a sanction. However, in practice, this is not something that has been enforced by the authorities.

The following federal taxes apply to gambling:

• permit contributions – contributions payable by the permit holder to SEGOB that are set out in the permit (1 or 2%);
• the special tax on products and services (Impuesto Especial de Productos y Servicios or IEPS) – for remote betting and gaming; and
• federal player withholding tax – a tax to be withheld by the operator or the permit holder, in accordance with Mexican federal law, on the revenue of the prizes obtained by players from their use of the website.

The following local taxes may or may not apply to gambling depending on the particular local regulation:

• state operator tax – a tax to be paid by the permit holder or the operator in accordance with Mexican state law; and
• state player withholding tax – a tax to be withheld by the operator or the permit holder, in accordance with Mexican state laws, on the revenue of the prizes obtained by players from their use of the website.

On 16 November 2023, a Decree that amends, adds to, and repeals several provisions of the Gaming Law was published in the Federal Official Gazette (the “Decree”), by means of which several Provisions were added to the Gaming Regulations, while others were reformed or eliminated. The Decree entered into force on 17 November 2023. The main modifications are summarised below.

Regarding sub-licensors, the Decree removed from the regulations the sub-licensor concept, therefore excluding the possibility of any future joint-exploitation of any licence. Provided that current authorisations are being exploited (ie, land-based casinos, sportsbooks and/or online gambling are in operation), such sub-licences shall not be affected for the next 15 years, after this non-extendable term, authorisations will lapse. On the other-hand, if sub-licence activities were not in operation on the date the Decree entered into force, the authorisation shall be deemed revoked.

Regarding slot machines, the Decree eliminated all regulations related to the drawing of numbers or symbols through machine (ie, slot machines), de facto removing any possibility for new authorisations for this drawing modality. Transitory provisions provide that all previous authorisations shall be unaffected, provided that such authorisations are for less than 15 years, otherwise they will expire after such term.

The gaming and gambling sector in Mexico has rallied and will individually and collectively file constitutional procedures to protect their pre-acquired rights trough an amparo trial.