PART II APPLICATION FOR INTERNATIONAL
MARKET AGENT LICENCE OR INTERNATIONAL
MARKET AGENT REPRESENTATIVE LICENCE |
| Application for international market agent licence |
7.—(1) An application for an international market agent licence shall be made to the Authority in such form and manner as the Authority may provide and shall be accompanied by —| (a) | the appropriate application fee specified in the Second Schedule, which fee is not refundable; | | (b) | the disclosure of corporate or individual information in the form provided by the Authority for the applicant for the international market agent licence and such associates of that applicant as the Authority may specify; | | (c) | documentary evidence from any casino operator or applicant for a casino licence that it intends to enter into an international market agreement with the applicant for the international market agent licence; | | (d) | an endorsement of the applicant for the international market agent licence in such form as the Authority may require, by each casino operator (or applicant for a casino licence) with which the applicant for the international market agent licence intends to enter into an international market agreement —| (i) | stating that, having regard to the suitability of the applicant for the international market agent licence, the casino operator (or applicant for a casino licence) is satisfied that entering into an international market agreement with the applicant for the international market agent licence will not affect the credibility, integrity and stability of its casino operations; and | | (ii) | accompanied by a due diligence report on the applicant for the international market agent licence by the casino operator (or applicant for a casino licence); and |
| | (e) | such other documents as the Authority may require to determine the application. |
(2) The Authority may refuse to consider an application under paragraph (1) if ––| (a) | the application is incomplete; or | | (b) | the application fee or the estimated costs of investigation required under regulation 12 are not paid. |
|
| (3) Where any application for an international market agent licence, received and considered by the Authority before the date of publication of the notice referred to in regulation 13(3)(a), is refused on the ground stated in regulation 13(2), the Authority shall refund the costs of investigation paid in respect of the application under paragraph (1), and any application made under regulation 8(1), without interest to the applicant. |
|
| Application for international market agent representative licence |
8.—(1) An application for an international market agent representative licence shall be made to the Authority by a licensed international market agent (or an applicant for an international market agent licence) on behalf of any person he or it intends to employ to organise, promote or conduct a casino marketing arrangement on his or its behalf.(2) Every application under paragraph (1) shall be submitted using the relevant application form issued by the Authority and shall be accompanied by —| (a) | the appropriate application fee specified in the Second Schedule, which fee is not refundable; | | (b) | the disclosure of the individual information of the applicant for the international market agent representative licence in the form provided by the Authority; and | | (c) | such other documents as the Authority may require to determine the application. |
|
(3) The Authority may refuse to consider an application under paragraph (1) if ––| (a) | the application is incomplete; or | | (b) | the application fee or the estimated costs of investigation required under regulation 12 are not paid. |
|
|
| Eligibility to apply for or to hold international market agent licence or international market agent representative licence |
9.—(1) A person shall not be eligible to apply for or to hold an international market agent licence or international market agent representative licence, if —| (a) | in the case of an individual ––| (i) | he is below the age of 21 years; | | (ii) | he is subject to an exclusion order under section 121 or 122 of the Act; [S 644/2022 wef 01/08/2022] | | (iii) | he is excluded from entering or remaining, or taking part in any gaming, on any casino premises, because he is —| (A) | subject to a family exclusion order or provisional family exclusion order; | | (B) | subject to an exclusion order under Part 10 of the Act; or | | (C) | an excluded person because of section 165A(1)(c) of the Act; or |
[S 644/2022 wef 01/08/2022] | | (iv) | he is an undischarged bankrupt, whether in Singapore or elsewhere; and |
| | (b) | in the case of a body corporate ––| (i) | it has been declared insolvent by a court, whether in Singapore or elsewhere; or | | (ii) | winding up proceedings against it have commenced or it has gone into liquidation or receivership, whether in Singapore or elsewhere. |
|
| (2) Where a licensed international market agent or licensed international market agent representative becomes ineligible to hold the licence under paragraph (1), the licence shall lapse. |
| (3) Where a licence lapses under paragraph (2), the person who held the licence shall, within 14 days after the date on which the licence lapses, notify the Authority in writing of the lapsing of the licence and shall return the licence to the Authority. |
| (4) Any person who, without reasonable excuse, fails to comply with paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
| Investigation of application |
10.—(1) On receiving an application for an international market agent licence or international market agent representative licence, the Authority shall cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.(2) In particular, the Authority or an authorised person may —| (a) | investigate all or any of the following persons:| (i) | the applicant, in relation to the person’s suitability to be a licensed international market agent or licensed international market agent representative, as the case may be; | | (ii) | any person who may be an associate of the applicant, in relation to the person’s suitability to be associated with a licensed international market agent or licensed international market agent representative; | | (iii) | any person who has a business association with the applicant or is an associate of the applicant, which is, in the opinion of the Authority, relevant to the application; | | (iv) | any other person who is associated or connected with the ownership, administration or management of the operations or business of the applicant; |
| | (b) | require the applicant or any person referred to in sub‑paragraph (a) ––| (i) | to provide such information or produce such records relevant to the investigation of the application as may be specified by a notice in writing issued by the Authority, and permit the Authority or an authorised person to examine the records, take extracts from them and make copies of them; and | | (ii) | to furnish such authorisations or consents as the Authority or authorised person may direct for the purpose of enabling the Authority or authorised person to obtain information (including financial and other confidential information) concerning the applicant or person and his or its associates from other persons; |
| | (c) | require the applicant or any person referred to in sub‑paragraph (a) to consent to having his photograph, fingerprints and palm prints taken; and | | (d) | send a copy of the application and of any such photograph, fingerprints and palm prints taken under sub-paragraph (c) and any supporting documentation to the Commissioner of Police. |
|
| (3) The Commissioner of Police or any police officer authorised by the Commissioner shall inquire into and report to the Authority on such matters concerning the application as the Authority requests. |
(4) The Authority may refuse to consider an application for a licence if ––| (a) | the applicant or any other person refuses to allow the investigation or fails to comply with any requirement of the Authority under this regulation in respect of that application; or | | (b) | the applicant or any other person from whom the Authority requires a photograph, fingerprints or palm prints under this regulation refuses to allow his photograph, fingerprints or palm prints to be taken. |
|
|
| Change of particulars of application |
11.—(1) If a change occurs in the information provided in or in connection with an application for an international market agent licence or international market agent representative licence (including in any document lodged with the application) before the application is granted or refused, the applicant must without delay give the Authority written particulars of the change.| (2) If the Authority or an authorised person requires information under regulation 10 from a person whose association with the applicant is in the opinion of the Authority relevant to the application, and a change occurs in that information before the application is granted or refused, that person must without delay give the Authority written particulars of the change. |
| (3) Any person who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
| (4) When particulars of the change are given, those particulars shall be considered to have formed part of the original application for the purposes of the application of paragraph (1) or (2) to any further change in the information provided. |
|
| Costs of investigation of applications to be borne by international market agent |
12.—(1) The costs of investigation in relation to each application for, or renewal of ––| (a) | an international market agent licence; or | | (b) | an international market agent representative licence, |
| shall be borne by the international market agent making the application, whether the application is made on his or its own behalf or on behalf of an international market agent representative he or it intends to employ. |
| (2) The Authority may, from time to time, give a written notice to the international market agent making the application of the estimated costs of investigation and require the international market agent to pay such estimated costs to the Authority within such period as may be specified in the notice. |
(3) At the conclusion of the investigation into the application or if the application is withdrawn, the Authority shall certify the actual costs of the investigation, and shall ––| (a) | where the actual costs of investigation are lower than the amount paid under paragraph (2), refund the excess without interest to the international market agent; or | | (b) | where the actual costs of investigation are higher than the amount paid under paragraph (2), by a written notice, require the international market agent to reimburse the Authority the excess within such period as may be specified in the notice. |
|
| (4) The certificate of the Authority stating the actual costs of the investigation under paragraph (3) shall be conclusive evidence of such amount. |
|
| Matters to be considered in determining applications for international market agent |
13.—(1) The Authority shall consider whether to grant an application for an international market agent licence, having regard to the information before it, including the following matters:| (a) | whether there is any information that the applicant or any associate of the applicant is not of good repute, having regard to character, honesty and integrity; | | (b) | whether there is any information that the applicant or any associate of the applicant is not financially sound and stable; | | (c) | in the case of an applicant that is not a natural person, whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; | | (d) | whether the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the proposed international market agent, and whether the applicant has sufficient experience in the management and operation of a casino marketing arrangement or is able to obtain the services of persons who have sufficient experience in the management and operation of a casino marketing arrangement; | | (e) | whether the applicant or any associate of the applicant has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; | | (f) | whether there is any information that any director, partner, trustee, executive officer or any other officer or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant is not a suitable person to act in that capacity; | | (g) | whether the applicant or any associate of the applicant has any undesirable or unsatisfactory financial resources; | | (h) | whether the applicant or any associate of the applicant has any record of non-compliance with legal and regulatory requirements applicable to him or it, whether in relation to casino gaming or otherwise and whether in Singapore or elsewhere. |
| (2) For the purposes of section 110B(2) of the Act, the Authority shall not grant an international market agent licence to an applicant with respect to a casino unless the Authority is satisfied that the grant of such a licence does not result in the total number of international market agent licences in force exceeding such maximum number of international market agent licences as the Authority has, in the public interest, determined for that casino. |
(3) If the Authority determines that the maximum number of international market agent licences with respect to any casino is attained, the Authority shall —| (a) | publish a notice on the official website of the Authority at https://www.gra.gov.sg to that effect, which notice shall remain on the website until it is cancelled; and [S 644/2022 wef 01/08/2022] | | (b) | notify the affected casino operator of its determination. |
|
| (4) The Authority shall determine the application by either issuing an international market agent licence to the applicant or refusing the application, and shall notify the applicant in writing accordingly. |
| (5) The Authority is not required to give reasons for its decision but may give reasons if it thinks fit. |
|
| Matters to be considered in determining applications for international market agent representative |
14.—(1) The Authority shall consider whether to grant an application for an international market agent representative licence, having regard to the information before it, including the following matters:| (a) | the integrity, responsibility, personal background and financial stability of the applicant; | | (b) | the general reputation of the applicant having regard to character, honesty and integrity; | | (c) | whether the applicant has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; | | (d) | whether the applicant has any record of non-compliance with legal and regulatory requirements applicable to him, whether in relation to casino gaming or otherwise and whether in Singapore or elsewhere. |
| (2) The Authority shall determine the application by either issuing an international market agent representative licence to the applicant or refusing the application, and shall notify the applicant in writing accordingly. |
| (3) The Authority is not required to give reasons for its decision but may give reasons if it thinks fit. |
|
| Grant of licence may be subject to conditions |
15.—(1) An international market agent licence or international market agent representative licence may be granted subject to such conditions as the Authority may impose from time to time.| (2) An international market agent licence or international market agent representative licence granted under paragraph (1) shall only be valid in and with respect to any casino of which the casino operator has given its endorsement of the international market agent, or the international market agent employing the international market agent representative, as the case may be. |
| (3) A condition of a licence may be amended or revoked by the Authority, whether on its own motion or on the application of the licensed international market agent or licensed international market agent representative. |
| (4) The Authority shall allow the licensed international market agent or licensed international market agent representative such period as it may specify to make submissions to the Authority concerning any proposed addition or amendment of a condition (whether proposed by the Authority or the international market licensee) and must consider any submission so made. |
| (5) The Authority shall notify the international market licensee concerned of any addition, amendment or revocation of a condition of the international market agent licence or international market agent representative licence, as the case may be. |
|
| 16. Every international market agent licence and international market agent representative licence shall not be transferable. |
| Validity period of international market agent licence |
17.—(1) An international market agent licence shall be valid for such period as the Authority may specify in the licence (not being longer than 3 years), unless before that date —| (a) | the licence lapses under regulation 9(2); | | (b) | the licence lapses under regulation 19(2)(a) or, after it lapses with respect to a casino under regulation 19(2)(b), there is no other casino in respect of which the licence is valid; or | | (c) | the licence is cancelled under section 110C of the Act or regulation 42. |
| (2) Where an international market agent licence lapses under paragraph (1)(b), the international market agent shall, within 14 days after the date on which the licence lapses, return the licence to the Authority. |
| (3) Any person who, without reasonable excuse, fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
| Validity period of international market agent representative licence |
18.—(1) An international market agent representative licence shall be valid for such period as the Authority may specify in the licence (not being longer than 3 years), unless before that date the licence lapses under regulation 9(2) or paragraph (2) or is cancelled under section 110C of the Act or regulation 42.(2) An international market agent representative licence lapses when ––| (a) | the licensed international market agent representative ceases to be employed by the licensed international market agent to which he is licensed; or | | (b) | the licence of the international market agent by which the licensed international market agent representative is employed expires, lapses under regulation 17(1)(b) or is cancelled. |
|
| (3) Where an international market agent representative licence lapses under paragraph (2), the international market agent representative shall, within 14 days after the date on which the licence lapses, return the licence to the Authority. |
| (4) Any person who, without reasonable excuse, fails to comply with paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
|
| Withdrawal of endorsement by casino operator |
19.—(1) A casino operator —| (a) | shall monitor the suitability of every international market agent endorsed by it and shall withdraw its endorsement of any international market agent if the casino operator is no longer satisfied that being a party to an international market agreement with that international market agent will not affect the credibility, integrity and stability of its casino operations; and | | (b) | may withdraw its endorsement of any international market agent if, for any other reason, the casino operator no longer wishes to enter into or be a party to an international market agreement with the international market agent. |
(2) Where a casino operator withdraws its endorsement of an international market agent —| (a) | under paragraph (1)(a), the licence of that international market agent, and every international market agent representative employed by that international market agent, shall lapse with respect to the casino of the casino operator withdrawing its endorsement and any other casino in respect of which the international market agent licence has been granted; and | | (b) | under paragraph (1)(b), the licence of that international market agent, and every international market agent representative employed by that international market agent, shall lapse with respect to the casino of the casino operator withdrawing its endorsement. |
|
(3) A withdrawal of endorsement by a casino operator under paragraph (1) shall —| (a) | by a notice in writing (referred to in this regulation as a notice of withdrawal), be given to the international market agent, not less than 24 hours before the effective date of the withdrawal; | | (b) | state the effective date of the withdrawal; and | | (c) | contain the grounds for the withdrawal and such other information as the Authority may require. |
|
| (4) A casino operator shall, at the time the notice of withdrawal is given to the international market agent or immediately thereafter, send a copy of the notice of withdrawal to the Authority. |
| (5) The Authority may, by notice in writing, request the casino operator to provide such information or produce such records relevant to its endorsement or withdrawal of endorsement of any international market agent as the Authority may consider necessary, and the casino operator shall comply with such request. |
|
20.—(1) Regulations 7 to 14 shall apply, with the necessary modifications and subject to this regulation, to an application for renewal of an international market agent licence or international market agent representative licence.(2) An application for renewal of an international market agent licence or international market agent representative licence must be —| (a) | submitted to the Authority not later than 6 months before the date of expiry of the licence; and | | (b) | accompanied by the relevant renewal fee specified in the Second Schedule. |
|
| (3) If an application to renew an international market agent licence or international market agent representative licence is submitted to the Authority less than 6 months before the date of expiry of the licence, the application must, in addition to the renewal fee, be accompanied by the relevant late application fee specified in the Second Schedule. |
| (4) Notwithstanding paragraph (3), if any requirement under this regulation is not complied with, the Authority may refuse to consider any application to renew an international market agent licence or international market agent representative licence. |
|
| Loss, etc., of international market agent licence or international market agent representative licence |
| 21. If the Authority is satisfied that an international market agent licence or international market agent representative licence has been lost, destroyed or damaged, the Authority may, on payment of the replacement fee specified in the Second Schedule, issue a replacement licence. |
22.—(1) Subject to paragraph (2), an international market licensee may surrender his or its international market agent licence or international market agent representative licence, as the case may be, by giving notice in writing to the Authority and returning the licence.| (2) An international market licensee against whom disciplinary proceedings are instituted under regulation 42 shall not, without the permission of the Authority, surrender his or its international market agent licence or international market agent representative licence, as the case may be, during the interval before the disciplinary proceedings are concluded. |
|
|