- Is there a Gambling Act (or equivalent) in place?
- Is online gambling a regulated activity?
- Who are the regulators?
- Do laws set out a clear licensing framework for gambling (including licensing process, criteria, submission requirements, licensing conditions and ongoing compliance requirements)
- Is gambling regulation specific to:
- Are there Data Protection laws in place?
- Is there a Data Protection Regulator?
- Are there any exchange controls restricting the transfer of cash out of and into the country?
- Are there any tax implications of transferring cash in/out of the country?
- Are there any tax implications of offering trading activities remotely into the country?
jurisdiction
This chapter was kindly submitted by CGA – Couto, Graça & Associados a member of CMS.
1. Is there a Gambling Act (or equivalent) in place?
In Mozambique, gambling is governed by Law no. 1/2010, of 10 February (“Gambling Law”) and the corresponding Regulation approved by Decree no. 64/2010, of 31 December, as amended by Decree no. 4/2017, of 1 March, and Decree no. 65/2022, of 30 November (“Gambling Regulation”), that applies to which applies to casinos and specially authorized machine rooms.
Mozambique has also a legal framework for social and amusement games, which include bingo, lotteries, totobola, totoloto, lotto, raffles, mutual betting, contests and virtual games, billiards, table football, prize displays and amusement machines. These are governed by Law 9/2012 of 8 February ("Social Games and Amusement Law") and the corresponding Regulations approved by Decree 17/2012 of 5 July ("Social Games and Amusement Regulations").
2. Is online gambling a regulated activity?
There are no specific regulations for online gambling, but it may be practiced under the general regime.
3. Who are the regulators?
The General Gaming Inspection assists the Minister of Finance in the control, inspection and supervision of all activities related to the operation of games of chance and social and amusement games.
The Minister of Tourism, in coordination with the National Gaming Commission, organises and directs the process of preparing, launching, evaluating proposals and determining the winning bidder in public tenders for the award of contracts for the development and operation of casinos and their respective activities, and is also responsible for licensing casinos and games of chance, once the concession is awarded.
The operation of social and amusement games is authorized by the Minister of Finance and licensing is conducted by the General Gaming Inspection.
4. Do laws set out a clear licensing framework for gambling (including licensing process, criteria, submission requirements, licensing conditions and ongoing compliance requirements)
Yes.
5. Is gambling regulation specific to:
5.1 Betting?
No.
5.2 Sports?
No.
5.3 Skill games?
No.
5.4 Card games?
No.
5.5 Casinos?
Yes. The Gambling Law governs, in general terms, games of chance explored and practiced in casinos or specially-authorized machine rooms, stipulating the modalities that can subject to exploration in said casinos and authorized machine rooms.
5.6 Lotteries?
No.
5.7 Arcades?
No.
6. Are there Data Protection laws in place?
Mozambique does not have a specific Personal Data Protection Law. Nevertheless, by Resolution No. 5/2019 of 20 June 2019, Mozambique ratified the African Union Convention on Cybersecurity and Personal Data Protection, adopted by the Summit of Heads of State and Government of the African Union on 27 June 2014. There are also some isolated provisions aimed at protecting personal data in other legislation, with some relevant provisions in the Constitution of the Republic of Mozambique and in the Electronic Transactions Law (Law no. 3/2017, of 9 January).
6.1 If yes, do they apply extra territorially?
The aforementioned Convention is binding for the African member states that have ratified it.
7. Is there a Data Protection Regulator?
There is no specific regulator for data protection.
8. Are there any exchange controls restricting the transfer of cash out of and into the country?
Yes. Payment or receipt from Mozambique to or from abroad shall be subject to the Exchange Control Legislation, that applies to acts, transactions and operations of any nature, by residents and non-residents, resulting in payments to or receipts from abroad. Subject to specific requirements and the nature of the transaction, a prior authorization or only registration with the Central Bank of Mozambique may be required.
9. Are there any tax implications of transferring cash in/out of the country?
Yes, depending on the circumstances.
10. Are there any tax implications of offering trading activities remotely into the country?
Under certain conditions and situations, there may be tax implications.
