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Resolution Of 16 November 2011, The General Direction Of Management Of The Game, By Which, In Accordance With The Provisions Of Article 17 Of The Royal Decree 1614 / 2011, Of 14 November, Which Develops The Law 13/2011, 27 Of...

Original Language Title: Resolución de 16 de noviembre de 2011, de la Dirección General de Ordenación del Juego, por la que, de conformidad con lo dispuesto en el artículo 17 del Real Decreto 1614/2011, de 14 de noviembre, por el que se desarrolla la Ley 13/2011, de 27 de...

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TEXT

Law 13/2011, of 27 May, of regulation of the game establishes the regulatory framework of the activity of play, in its various modalities, that it is developed with state scope in order to guarantee the protection of the order public, fight against fraud, prevent addictive behaviour, protect the rights of minors and safeguard the rights of participants in games.

The exercise of the gaming activities regulated by this law is subject to prior obtaining of the corresponding enabling title, in particular, general and singular licenses.

In accordance with the provisions of Article 17.1, second paragraph of Royal Decree 1614/2011 of 14 November, implementing Law 13/2011 of 27 May, regulating the game, as regards licences, "The National Gaming Commission shall establish the procedure for the application and grant of the unique licenses."

Any time the National Gaming Commission has not been effectively constituted and in application of the first transitional provision of Law 13/2011, of 27 May, of regulation of the game, it corresponds to this Directorate General of Management of the Ministry of Economy and Finance the approval of the corresponding procedure.

In short, with this Resolution, it is necessary to comply with the provisions of the aforementioned article 17.1, proceeding to the approval of the procedure of application and the granting of the singular licenses for the development and exploitation of the different types of gambling activities.

In its virtue, and prior to the favorable report of the State Department of Finance and Budget of the Ministry of Economy and Finance, it agrees:

First.

Approve the procedure for the application and grant of the unique licenses for the development and exploitation of the different types of gaming activities that are attached as Annex I to this Resolution.

Second.

Approve the unique and declaration license application models listed as Annexes II, III, and IV to this Resolution.

Third.

Approve the technical system project requirements listed as Annex V to this Resolution.

Fourth.

This Resolution shall enter into force on the day of its publication in the Official Gazette of the State.

Madrid, November 16, 2011. -Director General of the Game Management, Immaculate Vela Sastre.

ANNEX I

Request procedure and grant of unique licenses for the development and exploitation of the different types of gaming activities

Index

Chapter I. Subject matter and legal status.

First. Object.

Second. Enabling title.

Third. Legal regime.

Chapter II. Procedure.

Section first. Submission of requests.

Fourth. Requirements.

Fifth. Request.

Sixth. Documents in the request.

Section 2. Procedure.

Seventh. Procedure.

Eighth. Resolution.

Ninth. Notification of the resolution.

10th. Resources.

CHAPTER I

Object and legal status

First. Object.

1. The purpose of this procedure is to lay down the conditions and conditions governing the application and the granting of the special licences for the development and exploitation of the types of gambling activities covered by the various Ministerial orders approving their basic regulation of the games linked to the corresponding forms of play referred to in points (c), (d), (e) and (f) of Article 3 of Law 13/2011 of 27 May 2001 on the regulation of the game.

2. The procedure describes the requirements that the data subject must meet in order to request a singular license.

Second. Enabling title.

1. The holders of a general licence interested in the development of a certain type of gambling activity must obtain a special licence for each of the types of game which, in the field of the game mode subject to the licence general, intend to exploit.

2. Interested parties who fulfil the conditions and requirements laid down in the sectoral rules of the game and in this proceeding shall be entitled to the relevant individual licence, in the terms and conditions to be laid down in the grant resolution.

Third. Legal regime.

The basic legal regime of the singular licenses for the development and exploitation of gambling activities is constituted by Law 13/2011, of 27 May, of regulation of the game, the Royal Decree 1614/2011, of November 14, on the development of Law 13/2011, of 27 May, of regulation of the game, regarding licenses, authorizations and registrations of the game, the Royal Decree 1613/2011, of 14 November, for which the Law 13/2011 is developed, of 27 May, Regulation of the game, as regards the technical requirements of the activities of the game, the different Ministerial orders approving the Basic Regulation of the gambling activities and the implementing regulations that the National Gaming Commission will dictate.

CHAPTER II

Procedure

Section first. Submitting requests

Fourth. Requirements.

You may apply for a special license to the holders of the general license in force that enable them for the development and exploitation of the game mode to which the type of game that is the object of the application corresponds, according to the established in the Ministerial Order approving the basic regulation of the game.

Fifth. Request.

1. The individual licences or their modifications may be requested by the holder of the general licence at any time. In cases where the call for the granting of general licences is established, the application for a single licence may be made at the same time as the application for the general licence, with the application to the grant of the general license.

2. Requests for a singular license will be directed to the General Management of the Game and will be presented in the General Register of the Ministry of Economy and Finance in Madrid, Calle Alcala, 9, or Paseo de la Castellana, 162 or in the Register of The Directorate-General for the Management of the Game, Street Captain Haya, 53, 6. th floor, or in any of the forms provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Procedure Common administrative procedure, it is essential that the date of receipt appears in the application corresponding public body.

When applications are sent by mail they must be directed to any of the addresses indicated in the previous paragraph, and must justify the date and time of the delivery at the Post Office.

In the case of electronic filing, once the application has been completed and the digitized copies of the required documentation are attached, the registration process will be completed in the electronic headquarters of the General Management of Game Management through the electronic record of the game.

3. The interested parties shall submit the application for the individual licence signed by a duly authorised representative, subject to the model set out in Annex II to the Resolution approving this procedure and which shall also be available at the electronic headquarters of the Directorate-General for the Management of the Game (https//sede.cnjuego.gob.es) for electronic submission.

A single application shall be submitted for each of the types of game in whose development and exploitation the applicant is interested.

Sixth. Documents in the request.

The request will be accompanied by the following documentation:

The documentation will be presented in three closed envelopes with the following content:

About 1:

a) Documents that credit the representation. Those who appear or sign the applications on behalf of the companies concerned must present a sufficient amount of power to the effect, duly registered in the Trade Register or, where appropriate, in the corresponding Register and photocopy of their document national identity or, in the case of foreign nationals, an official copy of the equivalent document.

Also, if the applicant is a legal person with a registered office in another Member State of the European Economic Area, his representative must also provide the document that accredits his address in Spain. In this case, the address of the representative shall be understood to coincide with the address for the purposes of notifications of the represented company.

(b) Administrative certificates issued by the competent bodies or documents which replace them attesting that the applicant is aware of the compliance with his tax and security obligations Social or, if applicable, express authorization to the General Management of the Game to request the aforementioned certifications to the competent Spanish administration.

(c) Identification of the procedure in which the operator concerned was granted the general licence of which he is a holder. In the case of simultaneous application of general and singular license, identification of the application for the corresponding general license.

(d) Justicizers for the payment of the fees referred to in points (b) and (d) of the second paragraph of Article 49 of Law 13/2011, of 27 May, for the regulation of the game.

e) Declaration by which the applicant submits to the jurisdiction of the Spanish Courts and Courts for any act arising from the singular license granted, with the waiver, if any, of the foreign jurisdiction that could correspond to you.

About 2:

(a) Statement indicating the structure of technical personnel, whether or not integrated into the entity, of which the entity has the capacity to develop the gaming activity subject to the singular license if it is different from the statement performed for the general license.

(b) Statement indicating the technical systems of which you will be available for the development of the gaming activities subject to the singular license,

c) Description of the facilities or technical units, of their location, of the measures employed to ensure quality and safety if they are different from those described for the granting of the general licence.

About 3:

(a) Amendments which, where appropriate, and as a result of the development of the gambling activities covered by the special licence applied for, would have suffered the operational plan referred to in Article 10.2 of Law 13/2011, May 27, game regulation, submitted next to the request for the corresponding general license.

b) Technical project with the content set out in Annex III of the Resolution approving this procedure.

(c) Preliminary reports issued by one or more entities designated for these purposes on the basis of the provisions of Article 8.4 of Royal Decree 1613/2011 of 14 November 2009 implementing the Law 13/2011, of May 27, of regulation of the game, regarding the technical requirements of the activities of the game.

d) Particular rules of the game or games object of the requested singular license.

e) Relation of the domains under ". is" registered by the interested party or who are to be employed by him for the development and exploitation of gambling activities subject to the requested singular license.

f) Changes to the game contract model, if they exist.

g) Full copy of the contracts concluded with all the suppliers participating or going to participate in the development and exploitation of the gaming activities subject to the singular license requested if they are different from those provided with the general licence and which affect the essential elements of the activity subject to a special licence and have an impact on the fulfilment of the requirements laid down in the rules applicable to the licence. If the contracts have not been formalised, the applicant shall identify the supplier (s) with whom it is negotiating the contracts, provide the pre-contracts reached and demonstrate the commitment to provide a full copy of the contracts. the same before the end of the deadline to apply for the general licenses. Contract models shall be provided with companies providing membership services for the game to be applied for.

(h) the list of countries of the European Economic Area in which the person concerned has obtained an enabling title for the development and marketing of the type of game for which the individual licence is sought and copies of the certifications and approvals obtained by the software used.

2. In the case of an electronic certificate of legal person issued in the name of the legal representative of the company concerned, the electronic filing may be made through the corresponding form available at the registered office. (e) the General Directorate for the Management of the Game, accompanying the application with the digitised copies of the documentation detailed in this paragraph.

Documents which are not available in electronic form and which, by their nature, are not liable to contribute using a digitised copy of the document, may be incorporated through the channels provided for in Article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, within ten days of the submission of the corresponding electronic form. Failure to comply with this time limit for the provision of supplementary documentation may give rise to its requirement as provided for in Article 71 of that Law.

In the case of electronic filing of the application, the General Management of the Game Management may require at any time of the procedure, the originals from which the electronic files were generated incorporated in the application, in order to test their validity and agreement.

3. Copies of the application as well as all the documents accompanying it shall be provided on paper and on the optical medium.

Public documents issued by authorities in other States shall be duly supported.

The General Management of Game Management may require the official translation of those documents that are relevant to their nature.

In the event that the applicant provides documents containing data or information which he/she understands as confidential, the applicant may request the confidentiality of such information to the General Directorate of Game Management. To this end, the reasoned request for confidentiality and the confidential and non-confidential versions of each document concerned shall be provided.

It will not be necessary to submit documents that have already been submitted by the applicant himself to the General Management of the Game, in these cases it is sufficient to identify the procedure or file in which they are accompanied.

Section 2. Procedure

Seventh. Procedure.

1. The singular licensing procedure shall be initiated with the entry in the General Register of the Ministry of Economy and Finance of the application for a singular license.

2. Each application for a single licence shall give rise to the opening of the relevant procedure which, without prejudice to any extension or time-limit, shall, by means of a resolution, conclude within a period of six months from the date of entry of the corresponding request.

3. In the light of the application for a special licence, the Directorate-General for the Management of the Game will examine the documentation provided by the applicant, the technical project submitted, the preliminary certification reports and the compliance of the requirements required by the rules of the game.

The General Management of the Game Management may require the person concerned to, within ten days of notification of the request, address the defects of the application or provide documentation and additional information is deemed necessary for evaluation. The time limit for the procedure shall be interrupted for the time between the notification to the person concerned and the fulfilment of the requirements. If the applicant fails to comply with the requirement within the prescribed period, the applicant shall be given a withdrawal from his application and the procedure shall be resolved accordingly.

4. The acts of remedy and any affecting the interests of the persons concerned shall be the subject of individual notification.

Without prejudice to the foregoing, the Directorate-General for the Management of the Game may forward to interested parties communications concerning the actions carried out by e-mail addressed to the electronic mail accounts. which are contained in the applications, without prejudice to their notification in form.

5. The Directorate-General for the Management of the Game shall forward to the Autonomous Communities any licence applications which may affect its territory for the purpose of issuing the relevant information referred to in Article 9 of the Law 13/2011, of 27 May, of regulation of the game, within the period prescribed in article 83.2 of Law 30/1992, of November 26, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

Eighth. Resolution.

1. Within the period of six months from the entry of the application in the General Register of the Ministry of Economy and Finance, complying with the requirements laid down in the rules of play and after favourable assessment of the reports (a) preliminary information provided in accordance with the provisions of Article 17 of Royal Decree 1614/2011 of 14 November 2009, for the development of Law 13/2011 of 27 May, on the regulation of the game, as regards licences, authorisations and records of the game, the Director General of the Game Management will dictate resolution granting provisionally or (i) by refusing to give reasons for the request or by agreeing to your amendment and to agree to your registration in the relevant section of the General Register of Gaming Licenses.

The provisional grant of the special licence shall be conditional upon obtaining, within the period of six months from the notification of the person concerned, the final approval of the final approval referred to in the Article 11 of Royal Decree 1613/2011, dated November 14, for the development of Law 13/2011, of regulation of the game, regarding the technical requirements of the activities of the game.

The provisional license shall be extinguished in any case after the period referred to in the preceding paragraph without the need for express delivery by the General Management of the Game.

In cases where the possibility of simultaneous application of a general and singular license is contemplated, the provisional grant of the singular license may only be agreed upon prior to the granting of the corresponding general license.

2. Issued in time of the final favourable report of certification of the technical systems of the game, the operator will transfer it to the General Management of the Game for its assessment.

The final certification report of the technical game systems referred to in the preceding paragraph shall be made by the entity or entities that issued the preliminary report on the technical project to which it is refers to the previous paragraph, except that it was not possible, for reasons justified and duly accredited by the operator.

If the assessment of the report is positive, the General Management Directorate of the Game shall grant the approval and modify the provisional registration of the singular license, which shall become final.

If the assessment of the report is not positive, the Directorate-General for the Management of the Game will order the cessation of the operator's activity, taking the necessary measures to avoid any harm to the participants and to the public interest.

Ninth. Notification of the resolution.

Both the provisional grant resolution of the singular license, and the termination of the singular license grant procedure, will be notified to the requesting operator within ten days of the time being agree and be published on the website of the General Management of Game Management.

In addition, the General Directorate of the Management of the Game shall notify the competent autonomic bodies of the granting of the singular license which affects its territory within the period referred to in the preceding paragraph.

10th. Resources.

Against the decision of the Director General of the Management of the Game to terminate the proceedings, in accordance with Articles 114 and 115 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure may, within a period of one month from the day following that of their notification, bring proceedings before the Secretary of State for Finance and Budgets.

ANNEX II

Unique license request form1

Don/dona ..................................................................................................., with a national identity document (or reference to the document from abroad) number ................................................., in the name and representation of the society ....................................................................................., according to the power granted by ................................................................... on date ............................................., and with address in Spain for the purpose of notifications on ................................................................................................................................

EXPONE

First.

That the society .......................................................................................................... is the holder of a general license for the development and exploitation of the modality of the game .................................... and meets all the requirements required to be the holder of a singular license for the development and exploitation of the game of ...............................................

Second.

Which brings together with this document how much documentation is required in the Application Procedure and the granting of unique licenses for the development and exploitation of the different types of gambling activities approved by Resolution of the General Direction of Management of the Game of 16 November 2011 and undertakes to contribute as much as is required by the Directorate General of the Management of the Game in the framework of the procedure of granting the license singular.

Accordingly,

REQUEST

The granting of a singular license for the development and exploitation of the game ............................................................................................................................

In ..................................., to .......... of ................................ of 2011.

Fdo .........................................

1 Model for general license holders.

Unique license request form2

Don/Dona ............................................................................................. with a national identity document (or reference to the document from abroad) number ................., in the name and representation of the company ........................................, according to the power granted by ................................................. on date ................................., and with address in Spain for the purpose of notifications on ................................................................................................................................

EXPONE

First.

That the society .......................................................................................................... has requested on date ........................................................... a general license for the development and exploitation of the game mode ............................................ and meets all the requirements required to be the holder of a singular license for the development and exploitation of the game .............................................................

Second.

Which brings together with this document how much documentation is required in the Application Procedure and the granting of unique licenses for the development and exploitation of the different types of gambling activities approved by Resolution of the General Direction of Management of the Game of 16 November 2011 and undertakes to contribute as much as is required by the Directorate General of the Management of the Game in the framework of the procedure of granting the license singular.

Accordingly,

REQUEST

The granting of a singular license for the development and exploitation of the game ....................................................................................................

In ..................................., to .......... of ................................ of 2011.

Fdo .........................................

2 Model for general license applicants. Use the concurrent request for general and singular license scenarios.

An image appears in the original. See the official and authentic PDF document.

ANNEX III

Commitment to take on the obligations of the license holders

Don/Dona ................................................................................................................, with a national identity document (or reference to the document from abroad) number ................................................., in the name and representation of the society .................................................................................., according to the power granted by ................................................. On date ............................................., it has stated that the aforementioned society assumes the fulfilment of the obligations foreseen for the holders of singular license in the Law 13/2011, of 27 May, of regulation of the game, in its regulations of development and in this base specification.

In ..................................., to .......... of ................................ of 2011.

Fdo .........................................

ANNEX IV

Statement of submission to Spanish courts and tribunals

Don/Dona .................................................................................................................. with a national identity document (or reference to the document from abroad) number ........................................................., in the name and representation of the society ............................................................., according to the power granted by .............................................................. On date ................................., it stated that the aforementioned company, by this act, expressly submits to the jurisdiction of the Spanish Courts and Courts in relation to any acts derived from the singular license granted, by giving up the foreign jurisdiction which, where appropriate, may correspond to him.

In ..................................., to .......... of ................................ of 2011.

Fdo .........................................

ANNEX V

Operator's technical system project requirements

The technical project referred to in paragraph 6 of the procedure for the application and granting of the unique licenses for the development and exploitation of the different types of gambling activities approved by Resolution of the General Manager of the game dated November 16, 2011, will present the following structure and content:

a) Description of the architecture of the gaming system and, where applicable, the random number generator.

• High-level functional description of the game software architecture and, where applicable, the random number generator.

• High-level diagram of the game software architecture, if any, of the random number generator.

• Detailed functional description of the components, indicating which components implement the logic of the game.

• Description of the integration between the different components of the gaming system and, where applicable, the random number generator.

• Description of the integration with the platform.

• Description of the physical location of the components and data processing centers (CPD) used, indicating where appropriate, the data of the CPD provider.

• Description of the game system replica.

• Description of the game software and, if applicable, the random number generator, indicating name and version. In the case of using game software or gaming service providers, product description or service provided, indicating in your case name, version.

• Description of the timing of the game system clocks and, if applicable, the random number generator. Synchronization with the platform clocks.

b) Game. Rate of return, prize tables, claims, suspension/deferral/cancellation, minimum unit of participation.

• Boat utilization forecast, if any.

• Player feedback and description, if any, of the method of calculation.

• Awards tables, if any.

• Forecast for suspension, cancellation, or deferral assumptions.

• Operator policy regarding service interruptions and how you can be affected in the development of the games.

• Operator policy in relation to software or hardware malfunction.

• Behavior to an incomplete game.

• Minimum participation unit.

• Description of the degree of compliance with the technical aspects and requirements of the corresponding Ministerial Order.

c) Game. Technical aspects

• Description of the controls associated with the game.

• Description of the play history and functionality for the "replay" from the player's point of view.

• Description of using one or more instances of the random number generator and explanation of whether instances are shared with other games.

• Description of the random number generator application in the game.

• Description of the records, logs, and traceability of the data that the system maintains with respect to the game.

• Description of the records that allow the "replay" of the items at the request of the competent authority or agency, as well as the measures arranged to guarantee and audit that these data cannot be altered.

d) Gaming System User Terminals

• Description of the different terminals and user applications that can be used to participate in the game. It will be indicated whether or not they require installation on the user's terminal.

• Description of the functionalities available in each terminal and application. A description of the measures taken by the operator to mitigate the risks of some terminals or applications that do not have full functionality.

• Description of the communication channel used by the terminal or application (phone, sms, or others). It shall be indicated if the communication channel includes additional charging services, a full copy of the contract will be provided with the service provider.

e) Security of the game system information systems

• Relationship of critical components of the gaming system.

• Managing security risks.

• Security Policy.

• Communications and operations management.

• Development and maintenance of the game system.

• Change management procedure.

• Service availability management plan, with indication of the maximum monthly cumulative unavailability time, as well as the maximum recovery time for each service, if it was specific to the type of game.

f) Monitoring. Internal control system.

• In case the capture or the data warehouse of game operations is different from the one requested with the general license, this end must be indicated and a modification of the technical project of the license is requested. general. In any case the integration of the capture with the gaming system should be described.

h) Operator personnel who will act as technical contact.

In the event that any of the required documentation has been provided by the operator interested in a request for a general or singular license, it is sufficient to make a reference to the procedure or file in which figure.

In cases where the provision of gambling activities is to be carried out in full or in part jointly with another licence applicant operator or in an alleged co-organisation of the game derived from the The management of gaming platforms should be specified in relation to each of the sections of the content of the technical project, which of the applicants assumes responsibility for compliance with the project.

In cases where there are two operators acting jointly or in the case of co-organisation, both operators will be responsible for the fulfilment of the requirements of the technical project. In the case of co-organization, the responsibility of the manager of the co-organizer platform will be reduced to the aspects directly related to the game on which the management of the Platform of play to which the one has adhered the operator.