Singapore legislation

Section 10

of Remote Gambling Act 2014

Section 10

Prohibition against overseas remote gambling service with Singapore‑customer link

(1)

A person who provides outside Singapore a remote gambling service with a Singapore‑customer link shall be guilty of an offence and shall be liable on conviction to a fine of not less than $20,000 and not more than $500,000 or to imprisonment for a term not exceeding 7 years or to both.

(2)

Where a person is charged with an offence under subsection (1) of providing a remote gambling service with a Singapore‑customer link, it is a defence for the person charged to prove that the person did not know, and could not with reasonable diligence have ascertained, that the service had a Singapore‑customer link.

(3)

For the purposes of subsection (2), a person could not, with reasonable diligence, have ascertained that a remote gambling service provided by the person had a Singapore‑customer link, if the person had —

(a)

informed prospective customers that Singapore law prohibits the provision of the service to customers who are physically present in Singapore;

(b)

required customers to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Singapore;

(c)

required customers to provide personal details and those details suggested that the customer was not physically present in Singapore;

(d)

obtained data that indicates that customers were physically present outside Singapore when the relevant customer accounts were opened, and throughout the period when the service was provided to the customers; and

(e)

taken such other measures as far as reasonably practicable to ensure that the service did not, or could not reasonably have, a Singapore‑customer link.

(4)

In determining whether any measure taken by a person under subsection (3)(e) is reasonably practicable, it is for that person to prove that —

(a)

it was not reasonably practicable to do more than what was in fact done; and

(b)

there was no better practicable means than was in fact used.

(5)

An offence under subsection (1) is an arrestable offence.