June 8, 2020
DECRETO 808

On June 4, the National Government issued Decree 808 of 2020, which contains a set of measures that seek: first, to establish measures for the operation of gambling during the Covid-19 pandemic, and, to increase resources for health.
 
Among the measures adopted by the National Government are the following:

  • Operating entities and concessionary operators of permanent bets may market and offer the public incentives of immediate prizes in money and/or in-kind, which may be operated through the Internet (complying with the conditions established by Coljuegos and Article 38 of Law 643 of 2001, modified by Article 93 of Law 1753 of 2015) and which must return at least 58% of the gross income to the public. 

These incentives will not be taxed with the foreign lottery tax and on lottery permits, nor with VAT.
 
The operating entities and concessionary operators of permanent bets will have to pay, as exploitation rights, 12% of the gross income. From these Exploitation Rights, the administration expenses corresponding to 2.5% will be calculated, which will be distributed among the granting entities, the National Gaming Council (Consejo Nacional de Juegos de Suerte y Azar) and the National Federation of Departments (Federación Nacional de Departamentos).

  • During the years 2020 and 2021, the companies operating the traditional lottery or ticket game, the temporary unions, associations, and other societies that are operating or will operate extraordinary draws, may carry out two extraordinary draws annually in different months of the year.
  • Traditional lottery and ticket companies may enter into one-time payment agreements with each lottery distributor, to include the obligations that have been set up in their favor in February, March, and April 2020. These agreements may have maximum terms of 6 monthly installments, and their obligations will not generate interest, although they must incorporate an acceleration clause.
  • The operators of gambling located in bingo may operate with the remote presence of the players. The physical game cards may be sold by delivery, in points of sale, and authorized gaming rooms.
  • The entities managing the rental monopoly of gambling may close promotional games during the year 2020. In case that the operators of promotional games do not present their written statement in which they certify the realization of the game and the delivery of the prizes, the administrative entities may order the payment of the value of the prize plan in favor of health.

Decree 808 of 2020

 

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