In Chile, betting on games of chance – where luck or chance is the predominating factor determining the outcome – is prohibited unless specifically authorised by law. Additionally, only licensed brick-and-mortar casinos are permitted to operate casino games, making onshore remote casino games illegal.

In recent rulings, the Chilean Supreme Court and the Court of Appeals of Santiago have ruled that any gambling activity in Chile, including online gambling platforms, is illegal unless offered by authorised local operators – such as licensed brick-and-mortar casinos, licensed cruise-based casinos, authorised lottery operators, horse racetracks, and sports betting operated by the state-owned Polla Chilena de Beneficiencia S.A. (“Polla”).

While judicial rulings do not constitute binding precedent in the Chilean civil law system, they significantly influence lower courts. Therefore, the current prevailing judicial interpretation of Chilean gambling law is that any online gambling or betting activity offered or carried out within Chilean territory by anyone other than the authorised operators mentioned above, is prohibited.

A bill seeking to regulate online gambling and sports betting is currently under discussion in the Chilean Congress (see 3.7 Recent or Forthcoming Legislative Changes).

Online gambling activities are not expressly regulated in Chile. In this regard, a bill seeking to establish a licensing system for online gambling operators is currently under discussion in the Chilean Senate (see 3.7 Recent or Forthcoming Legislative Changes). However, the current prevailing judicial interpretation deems online gambling activities offered within Chilean territory by unlicensed operators to be illegal.

Casino Games

Only brick-and-mortar casinos licensed by the Chilean Casinos Authority (Superintendencia de Casinos de Juego, the “Casino Authority”) are authorised to offer casino games in Chile. This category of games includes:

• roulette (French roulette, American roulette, and Big Six);
• Card games (blackjack, baccarat, various types of poker, and war);,
• dice games (craps, crown and anchor, and chuck-a-luck);
• bing; and
• slot machines.

Lotteries

Specific laws and regulations have approved the offering and exploitation of lottery activities by the privately owned Lotería de Concepción and the state-owned corporation Polla.

Horse Race Betting

Law No 4,566 of 1929 (the “Horse Racing Law”) regulates horse race betting by stipulating that only horse racetracks specifically authorised by a presidential decree are permitted to offer bets on horse races.

Charitable Draws, Bingos and Lotteries

Certain charitable institutions and fire departments can obtain a special license to conduct raffles and prize draws to obtain revenues, as contemplated by Law No 10,262 of 1952 and Decree No 955 of 1974. In addition, non-profit entities and certain informal associations are authorised by law to carry out bingos, raffles, lotteries, and other similar draws on a non-regular basis and only for limited purposes. The latter activities only require advance notice to the relevant governmental authority, not a special licence.

The regulatory framework for gambling in Chile is dispersed across several laws. Relevant provisions are found in the Chilean Civil and Criminal Codes, Law No 19,995 of 2005 (the “Casino Law”), and the Horse Racing Law. Additionally, two specific laws govern the charters of two licensed lottery operators: the state-owned Polla and the privately owned Lotería de Concepción. Decree Law No 1,298 of 1975 further grants Polla special authorisation to offer and manage sports betting activities, including football/soccer, official Olympic sports, and car racing.

Chilean law does not explicitly define “gambling”. Instead, it differentiates between “games of chance” and “games of intellectual or physical skill”. Games of chance are those where luck or chance predominantly determines the outcome (eg, bingos, lotteries, scratch cards). In contrast, games of skill rely primarily on intellectual or physical abilities (eg, sports betting, horse racing). Additionally, the Casino Law introduces a third category: casino games (see 2.2 Land-Based).

See 3.2 Definition of Gambling.

Chilean laws do not provide a definition for online gambling. See 3.7 Recent or Forthcoming Legislative Changes.

From a criminal law perspective, unless specifically authorised by a special law or regulation (eg, the Casino Law, the Horse Racing Law, etc), individuals participating as “lenders, owners, managers, or agents” in a gambling business are subject to:

• fines ranging from 11 to 20 Chilean monthly tax indexation units (Unidades Tributarias Mensuales, UTMs) (approximately USD750 to USD1,400);
• if the prize is real estate, fines ranging from 21 UTMs to 30 UTMs (approximately USD1,460 to USD2,100); and
• imprisonment ranging from 61 days to, in cases of recidivism, 540 days.

Anyone attending unauthorised gambling facilities or illegal casinos with the intent of gambling, may be subject to:

• fines ranging from 11 UTMs to 20 UTMs (approximately USD750 to USD1,400); or
• imprisonment ranging from 61 to 540 days.

Additionally, the gambled funds or assets and the instruments, objects and equipment used for the illegal gambling may be confiscated.

Under the current Law on Economic Crimes, legal entities may be criminally liable for offences associated with illegal gambling activities. Depending on the severity of the violation, legal entities may face penalties such as debarment, loss of governmental benefits, fines, confiscation of assets, and, in the most serious cases, dissolution. The fines are based on a per-day system and can range from approximately USD680 up to USD204 million, depending on the convicted entity’s daily net income and the number of days the crime was committed.

See 3.5 Key Offences.

On 7 March 2022, a bill was submitted to the Chilean Congress which, if approved, will legalise and regulate online gambling and sports betting operations by allowing locally incorporated entities to apply for online gambling licenses, subject to certain requirements (the “Online Gambling Bill”). Some of the main requirements and features of the Online Gambling Bill, per its current draft, include:

• shareholder and gaming group solvency;
• transparency and lawful conduct;
• minimum capital of licensee and lawful origin of funds;
• five-year renewable licenses;
• only independently certified systems and games allowed;
• Casino Authority registration, regulation and oversight;
• user and account rules and protections, including data privacy;
• special taxation system;
• responsible/safe gambling rules and policies, including prevention of underage gambling;
• regulation of illegal gambling conduct and enforcement measures;
• a cooling-off period for licence applications from online operators doing business in Chile prior to the enactment of the Online Gambling Bill; and
• prevention of money laundering and financing of terrorism, etc.

The Online Gambling Bill is currently under discussion in the Chilean Senate and may still undergo substantial amendments, including changes to the features and requirements described above. The likelihood and timing of its eventual approval, as well as its final text, remain unpredictable due to conflicting political views, business interests, and legislative priorities. Despite this, the government is pressing for its prompt approval by Congress. However, it is unclear when this bill will be approved, as past estimated timetables set by the government have not been met.

The primary gambling regulatory agency in Chile is the Casino Authority, an autonomous governmental entity with oversight limited to licensed brick-and-mortar casinos. The Casino Authority’s functions include granting, denying, renewing, and revoking operating permits for these casinos, in accordance with the Casino Law. It also ensures that all licensed casinos comply with applicable laws and regulations, including its own instructions and orders.

The regulatory approach of Chilean gambling laws is prescriptive. Only licensed operators who meet specific legal requirements are permitted to offer gambling activities, and only those activities explicitly authorised by law are allowed.

See 3.7 Recent or Forthcoming Legislative Changes.

Gambling licenses in Chile are currently available only for brick-and-mortar casinos, which must be obtained through a public bidding process. Additionally, a special casino licence for cruise passengers can be obtained by cruise ships travelling through Chilean territorial waters, but not while docked at a Chilean port. There is no licensing system for lottery operations or online gambling. Only horse racetracks specifically authorised by law are permitted to offer bets on horse races. Finally, sports betting is not specifically regulated – except as per Decree Law No 1,298 of 1975, which authorises Polla as a gambling operator – and there is no licensing regime in place.

Gambling licenses in Chile are available only for the operation of 24 brick-and-mortar casinos and cruise-based casinos. There is no licensing system for lottery operations, horse race betting, online gambling or sports betting (online or offline).

Brick-and-mortar casino licenses in Chile have a duration of 15 years. Cruise-based casino licenses are valid for five years and can be renewed for the same period.

Gambling licences are exclusively available for brick-and-mortar casinos and must be obtained through a public bidding process. The Casino Law limits the number of licenses to 24 and prohibits the establishment of casinos in the Metropolitan Region of Santiago. Only locally incorporated closed stock corporations with a minimum share capital of 10,000 UTMs may apply for casino licenses. Each bidding process specifies the technical requirements that operators must meet to qualify for a license. The Casino Authority reviews and evaluates each submitted offer to ensure it meets the required technical standards, and then issues a final resolution to grant, deny, or renew the relevant license.

Chilean law does not provide for any rights, mechanisms or systems of homologation, validity or recognition of foreign gambling licences or permits for offline or online gambling issued by any foreign authority.

The timeframe of brick-and-mortar casino licence applications will vary depending on the specific terms of each bidding process, the number of applicants, the scale of the projects, among other factors.

There are no statutory application fees or costs established by the Casino Law. Specific fees or costs will vary depending on the terms of the bidding process, the specific casino project offered by the applicant, etc.       

During each bidding process, the entity applying for a casino licence or its renewal must submit an economic offer expressed in UTMs. Once the licence is granted, such amount must be paid annually to the municipality where the casino is physically located.

Land-based casinos may only operate in the establishments specified in the licence granted by the Casino Authority.

See 3.7 Recent or Forthcoming Legislative Changes.

Online gambling licences are currently not available in Chile. A bill that seeks to regulate this matter is currently being discussed by the Chilean Congress (see 3.7 Recent or Forthcoming Legislative Changes).

See 6.1 B2C Licences.

See 6.1 B2C Licences.

See 6.1 B2C Licences.

See 6.1 B2C Licences.

See 3.7 Recent or Forthcoming Legislative Changes.

Licensed brick-and-mortar casino operators are required to implement strict age verification measures at entry points to prevent underage gambling. Additionally, casino operators must adopt measures to ban the following individuals from entering or remaining in their facilities:

• individuals subject to an anti-dissipation judicial order;
• individuals in a manifest state of alcohol intoxication or under the influence of drugs;
• civilians carrying weapons;
• individuals causing disturbances or otherwise disrupting the games; and
• individuals who cannot verify their identity with the corresponding official document upon request.

Operators must also provide clear and accessible information regarding responsible gaming, including resources to seek help for gambling addiction and related issues.

See 7.1 RG Requirements.

See 3.7 Recent or Forthcoming Legislative Changes.

Anti-money laundering (AML) obligations are primarily regulated under Law No 19,913, which establishes the Financial Analysis Unit (Unidad de Análisis Financiero, UAF), the authority responsible for preventing and combating money laundering and terrorist financing. Moreover, Law No 20,393, which sets the framework for the criminal liability of legal entities, and administrative regulations issued by the UAF and the Commission for the Financial Market, also govern AML obligations.

Brick-and-mortar and cruise-based casinos must comply with AML and combating the financing of terrorism (CTF) obligations as determined by the UAF. These obligations include:

• registering with the UAF;
• appointing a compliance officer;
• preparing suspect transaction reports;
• performing Know Your Customer (KYC) due diligence and completing customer data sheets;
• adopting and implementing an AML and CTF manual;
• conducting AML and CTF training sessions for all employees;
• registering and analysing the activity of clients from “non-co-operative” or “tax haven” jurisdictions; and
• maintaining records of cash transactions, politically exposed persons, and electronic fund transfers.

See 3.7 Recent or Forthcoming Legislative Changes.

The primary authority in Chile responsible for overseeing the protection and rights of consumers in relation to advertisements is the National Consumer Protection Agency (Servicio Nacional del Consumidor, SERNAC). Additionally, the Chilean TV Council (Consejo Nacional de Televisión) has the authority to audit the content of TV advertisements.

Law No 19,496 (the “Consumer Protection Law”) defines “advertising” as a communication directed by a provider to the public through any suitable means to inform and motivate them to acquire or contract a good or service. Objective conditions contained in the relevant advertisement are considered incorporated into the contract entered into with the consumer until its execution.

The general rules for advertising products and services in Chile are governed by the Consumer Protection Law and TV broadcasting regulations, including Law No 18,838, which creates the Chilean TV Council.

The advertisement of gambling products or services is not explicitly permitted or regulated, except for a specific prohibition on advertising unlicensed betting on horse racing, as outlined in the Horse Racing Law.

Although the advertising of gambling products is not expressly regulated, the Casino Authority has interpreted the Casino Law’s prohibition on the exploitation of casino games by unlicensed operators to also extend to the advertisement of unauthorised gambling activities. Moreover, in April 2024, the Santiago Court of Appeals upheld a fine imposed by the Chilean TV Council against a national TV network for broadcasting advertisements for offshore sports betting platforms during hours designated as protected for minors (6:00 am to 10:00 pm). Following this ruling, any TV advertising of sports betting during these protected hours is considered a breach of Chilean TV broadcasting laws and subject to fines. Additionally, in 2023 the Ministry of Justice ordered the National Association of Professional Football to cancel its sponsorship and advertising contract with an international online gambling operator. This order was upheld by the superior courts of Chile on procedural grounds and the parties involved in the case complied with the order.

Pursuant to the Consumer Protection Law, the broadcasting of false or misleading advertisements is subject to a fine ranging from 1,500 to 2,250 UTMs. Additionally, airing TV advertisements featuring sports betting products during hours designated as protected for minors (6:00 am to 10:00 pm) is punishable by a fine ranging from 20 to 200 UTMs.

Currently, three bills are under discussion in Congress to regulate the advertisement of online gambling activities in Chile. The first bill seeks to prohibit online gambling advertising during sports events and at sports clubs; the second bill aims to ban sponsorship agreements between professional football/soccer players and online gambling operators; and the third bill proposes regulating the broadcasting hours of advertisements related to online gambling platforms. It remains uncertain if or when these bills may be approved and how they will relate to the bill currently under discussion in the Senate that seeks to regulate online gambling activities generally (see 3.7 Recent or Forthcoming Legislative Changes).

The transfer of shares in a corporation licensed to operate a brick-and-mortar casino in Chile must be expressly authorised by the Casino Authority, in accordance with the Casino Law. Additionally, corporations licensed to operate brick-and-mortar casinos are limited to a maximum of ten shareholders.

Chilean gambling laws do not establish specific triggers for changes in corporate control.

The shareholders of a corporation licensed to operate a brick-and-mortar casino must justify the origin of the funds being invested in the company before the Casino Authority. Shareholders who are natural persons must not have been convicted of a felony.

See 3.7 Recent or Forthcoming Legislative Changes.

As mentioned in 4.1 Regulatory Authority, the Casino Authority is responsible for ensuring that operators comply with the legal, regulatory, and technical provisions for the establishment, administration, and operation of casinos in Chile. It is entitled to inspect casino operations and has the authority to impose fines and revoke casino licenses as set forth under the Casino Law.

In addition to the sanctions described in 3.5 Key Offences, breaches of the Casino Law are generally punishable by fines ranging from 5 to 150 UTMs.

Financial penalties are calculated based on the Chilean monthly tax indexation unit (Unidad Tributaria Mensual) in force on the date the penalty is enforced. Fines for offences established under the Casino Law are enforced by the Casino Authority.

See 3.7 Recent or Forthcoming Legislative Changes.

Generally, corporations in Chile are subject to a corporate tax of 35% and a VAT of 19%. Brick-and-mortar casinos are additionally subject to a special monthly tax of 20%, calculated based on the gross revenue obtained by the operating company. Moreover, casino operators must charge a fiscal fee of 0.07 indexed monetary units (Unidades de Fomento, UFs) to players entering the casino.

See 3.7 Recent or Forthcoming Legislative Changes.

No personal licences are available in Chile. See 4.4 Types of Licences.

No personal licences are available in Chile. See 4.4 Types of Licences.

No personal licences are available in Chile. See 4.4 Types of Licences.

No personal licences are available in Chile. See 4.4 Types of Licences.

No personal licences are available in Chile. See 4.4 Types of Licences.

There are no recent or forthcoming regulatory changes regarding this matter.