New Jersey regulator discusses criteria for licensing

In an advisory bulletin earlier this week New Jersey Division of Gaming Enforcement director David Rebuck outlined the regulator’s policy regarding the acceptability of licence applications.

In summary, he drew a distinction between applicants who have knowingly and deliberately operated in environments they knew to be clearly illegal (i.e. “black markets”) and those where the legality situation is/was not entirely clear (grey markets), observing:

“These cross-border Internet gaming operations have caused uncertainty with gaming regulators regarding the legality of Internet gaming operations of their licensees in foreign jurisdictions and how those activities should be considered when evaluating suitability for licensure.

“The uncertainty in the minds of casino regulators is the result of a variety of factors: legislative bodies that failed to enact laws specific to online gaming, confusion regarding the applicability of existing land-based gaming laws to Internet gaming operators, in-personam jurisdiction issues inevitably created by the borderless nature of the Internet, and the lack of affirmative, concrete actions by the foreign government indicating whether it opposes Internet gaming by its citizens.”

Rebuck goes on to explain the difference between “black” operators and “grey” operators, saying that black market operators are those who wilfully do business illegally in contravention of national or state laws and enforcement efforts, and therefore have minimal chances of securing a licence in New Jersey.

However, Rebuck flags possible exceptions in cases where nations have prohibited online gambling activity in violation of international trade agreements, where the regulator may be prepared to consider an application as part of its ‘grey market’ policy, in which licensing decisions can be made on a case by case basis.

The director points specifically to the European Union and the difficulties that have been encountered in getting member nations to give up national authority in order to comply with Union principles on fair and open competition

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