Gibraltar is an island located off the southern tip of Spain and is the most
southernmost location in Europe with a land link across an isthmus to the
Spanish mainland. Gibraltar is a British protectorate and as such has autonomy
from the UK so it may create and enforce its own laws and regulations however
the UK is responsible for foreign policy and representation and for the military
protection of the island. In this respect, Gibraltar is free to set its own
levels of taxation and regulatory regime in respect of businesses and gaming
operators seeking to establish themselves in the jurisdiction. The Gibraltar
Regulatory Authority was established under the Gambling Ordnance 2005.
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Gibraltar commenced licensing operators in 1998 for online gaming and
gambling web sites and currently provides licensing for nineteen operators with
sites dealing in sports books, online casinos and betting exchanges. Gibraltar
is fairly strict on licensing only those operators with a demonstrable history
in running online gaming and gambling sites and it is mandatory for compliance
and software testing to ensure management and games are providing services which
are honest and fair.
Currently the Gibraltar Regulatory Authority, Gambling Division
charges nothing for making a license application but does charge a mixed set of
fees and commissions on an annual basis. There is a base annual fee of GBP 2,000
with a tax rate applied to fixed odds and betting exchanges of 1% of turnover up
to a cap of GBP 42.5 million. For online casinos this gaming tax is set at 1% of
the gross product and is subject to the same maximum cap as stated earlier.
Gibraltar forms part of the European Economic Area (EEA) which places
Gibraltar on the UK White List which does have repercussions for operators based
there. The UK Gambling Commission's White List allows operators based in
jurisdictions which are on it (the EEA, Alderney, Isle of Man, Antigua and
Tasmania with others pending) to advertise their operation and websites in the
United Kingdom. This clearly has a major attraction for operators who are based
there or are looking at establishing operations from Gibraltar as they may
benefit from a more relaxed regulatory regime, lower tax base and still enjoy
the UK market.
The Gibraltar Regulatory Authority is a mature organisation with a
professional staff who are experienced in online gaming world as well as the
compliance issues involved. The GA provides a series of support services for
operators to use and the authorities in Gibraltar do view the gaming industry
based there as a partnership between responsible operators, cooperative
government which wishes to encourage the growth of the domestic economy and the
customer who is looking for an honest and fair game.
The GRA is particularly experienced in the development of website content
that is compliant not only with the GRA rules but also across multiple European
Union (EU) jurisdictions. Being an autonomous entity, Gibraltar's law makers and
regulators have also taken the view that the free market shall dictate the
development of the gaming industry and as such operators based in Gibraltar are
allowed to accept players from the United States whose government has imposed a
unilateral ban on online gaming and gambling.