Requirements, conditions and obligations to be met and observed by those involved in the organization, administration or exploitation of gambling in the various mass media. Implementing authority.
Bs. As., 20/5/98
VISTO, Issue No. 371,642/98 of the STATE NATIONAL LOTERIA registry, and
In view of the factual situation currently being raised, which consists of the organization of various modes of gambling in the various mass media, it is essential to establish the regulatory rules aimed at regulating this activity and to guide part of the production of it to meet community requirements.
It is up to the State, exercising an indescribable and irrenunciable power, making use of the police power in the matter, preventing the exploitation of gambling from becoming an indiscriminate source of profit for individuals and, at the same time, ensuring transparency in the manner and practice of such games.
It is in compliance with this exercise to establish the requirements, conditions and obligations that must be met and observed by persons who in any way interfere with the organization, administration or exploitation of such games.
That the exploitation of gambling has been historically justified as it is available that part of the benefits of gambling for the purpose of social assistance, it is not acceptable to exploit them without the proper guardianship of the State.
It is hereby intended to adapt the marketing framework of this type of chance, preserving the security of the community, avoiding that such activity is constituted as a source of resources without rules, that promotes a harmful competition, without the necessary state controls in the field of play.
That NATIONAL LOTERIA SOCIEDAD THE STATE is the competent agency, in national jurisdiction, to exercise the countering of gambling, as set out in Article 6 of Title II, Annex I to Decree No. 598/90.
That, in accordance with the competence agreed to by the State Society, it is appropriate to establish it in the Authority for the Application of this measure, empowering it also for the dictation of the relevant complementary and clarification standards.
That the Directorate-General for Legal Affairs of the SECRETARIAT for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE has taken the intervention of its competence.
That the present measure is in use of the powers and powers conferred by article 99, paragraph 1 of the NATIONAL CONSTITUTION,
THE PRESIDENT OF THE ARGENTINA NATION
Article 1- Any contest, draw or competition involving direct or indirect onerous or promotional participation v that entails a random choice to determine the winner, which is made through the use of a medium of mass communication, whether graphic, radial or television, must have the prior authorization of the STATE NATIONAL LOTERIA.
Art. 2°-These contests, draws or competitions are currently reached:
(a) They require the use of a telephone line, which allows participation by the fact that the communication is established.
(b) They require the sending of correspondence to participate.
(c) They require the use of manual, mechanical and/or electronic means to select the winner.
(d) Award prizes based on answers to general questions.
(e) They award prizes based on prognosis made by the participants and whose result is subject to future and uncertain events.
Art. 3°-The authorization referred to in Article 1 may be granted only to those natural or legal persons who meet conditions of suitability, moral and patriotic solvency and in compliance with all the requirements and conditions established by the Authority of Implementation.
Art. 4°-Together with the request for authorization, the respective awards programme and the fruitful accreditation should be accompanied to ensure the feasibility of the payment of such awards.
Art. 5°-Of the sums from the collection obtained from the contests, draws or competitions directly or indirectly onerous referred to in Article 1 shall be allocated at least one TREINTA and CINCO per SCIENTO (35%) for the awards, empowering the STATE NATIONAL LOTERIA to establish the other distribution percentages corresponding to the purpose of social assistance.
When it comes to contests, draws or competitions of a promotional character NATIONAL LOTERIA STATE SOCIEDAD will set a percentage for the above-mentioned purposes.
Art. 6°-LOTERIA NATIONAL SOCIEDAD DEL ESTADO will be the authority for the implementation of this Decree, entrusting to it that within the period of SESENTA (60) days after its validity, approve the corresponding supplementary rules and determine the deadline for the physical or legal persons currently carrying out the activities referred to in Articles 1 and 2 to comply with the requirements, conditions and obligations imposed, or that are imposed.
Art. 7° - NATIONAL LOTERIA The State Party shall, where appropriate, control the performance of the tax on the prizes of sports draws and contests established by Law No. 20,630 and its amendments, without prejudice to the powers assigned to the FEDERAL ADMINISTRATION OF PUBLIC INCOME.
Art. 8°-The natural and/or legal persons who organize and/or exploit the events mentioned in Article 1 without the relevant authorization of the enforcement authority shall be liable to the penalties set out in the rules of repression for the exercise of unauthorized games.
Art. 9°-Please note the validity of the present from its publication in the Official Gazette.
Art. 10.-Contact, post, give to the National Directorate of the Official Register and archvese.-MENEM.-Carlos V. Corach.