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Small yet interesting, San Marino is a jurisdiction surrounded by Italy that has a special case for gambling due to less than 50,000 residents. Most countries try to regulate their gambling industry with the iron fist of the law, but San Marino recognises its position as a small country and allows its people to gamble through international operators. This pragmatic method allows the government and the operators to stay away from unnecessary headaches, thus serving as a blueprint that other European states may want to emulate, especially those whose legislations are too draconian or convolutedly complex.
This article was written on October 6, 2024, and is based on information available on that date. Because regulations by nature are subject to change, one should consult with local experts for the most current information available pertaining to gambling laws in San Marino.
Licensing
Up to now, San Marino has expressed scant interest in implementing an online gambling licensing regime of its own. Given the size, there is little interest in attracting operators or software companies without adopting a model that resembles Malta or the Isle of Man with low tax rates and encouraging global operations. Not having that model, there has been little if any real movement towards setting up a licensing authority. Some even believe that San Marino may go this route someday, but as of now, players can access international sites with no issue.
Player protections
Lacking both a domestic infrastructure to support online gambling and any form of licensing system, San Marino does not provide direct player protections. Due to the fact that there are no laws in place that make it illegal for players to take part in foreign-based online gambling sites, there is no chance of any legal ramifications against players for accessing international operators. The governmental position is lenient, and players are permitted to use the services of international websites, but only if they take responsibility by choosing reliable and serious sites. In such a way, a part of the online gambling risks can be reduced despite lacking local protection.
Legal gambling in San Marino
The legislation basis of the country about gambling is concentrated in two significant legal acts, Law No. 67/2000 and Law No. 143/2006, which permit almost all types of gambling. These laws set the general basis for regulation, control, and tax policy in gaming under the Ente di Stato dei Giochi, normally known as ESG and considered to be the main regulating authority in the country. The ESG was established in 2007. It operates in close cooperation with the Grand and General Council and the State Congress. The main duty of the ESG is the regulation of gambling activities and license regulation across the state.
San Marino has a rich gambling history, first legalising it in 1880 in order to pay off its national debt. However, casinos were banned in 1949, with that ban finally lifted in 2007 with the creation of the state-controlled agency Giochi del Titano S.P.A. That latter company, operating today simply as Giochi del Titano, operates the nation’s only casino, located in Rovereto. This casino draws in both locals and tourists from all over the world. Since its opening, it is estimated that 164,000 people entered this casino in 2015. It raked in revenue of €16.45 million in the same year, 2015.
Online gambling in San Marino
Various gambling games are enjoyed by the citizens of this tiny republic. The most played games include slots, poker, roulette, and blackjack. There are no software providers based in this nation, but famous international games are offered on international websites. The most famous titles include Book of Ra, Sizzling Hot, and Cleopatra, provided by leading developers like Greentube, Aristocrat, and IGT accordingly. The lack of domestic online casinos hasn’t stopped players from playing a great number of games from international operators, many of which offer Italian platforms.
Gambling legislation and regulation
The legal framework of San Marino allows for clear directions within gambling operations. Law No. 67/2000 provides a detailed explanation of the rules related to the industry, from supervision to taxation. Meanwhile, Law No. 143/2006 creates an ESG that assumes the role of regulator. All forms of gambling are placed under the observation of this agency, including those based on skill and lottery draws, and must be carried out in full accord with local laws. All gambling activities in the country fall under a 12% tax, while operators must also adhere to strict rules in offering services.
Future of San Marino online gambling
While land-based gambling in San Marino is doing well today, its online counterpart is severely underdeveloped. The authorities have not issued any licenses to online operators so far, and it remains bound for locals to wager on foreign digital platforms only. From some indications, however, the governments may soon review this stand and probably create ways toward a fully regulated online gambling market. If this is the case, then San Marino would join an elite group of companies with Malta, which is great for operators since they are wonderful to have around to operate and funnel money into the government.
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Final thoughts
The San Marino approach to gambling is one of tradition versus practicality. In focussing on foreign operators with online gambling and maintaining just one single, state-regulated casino, in one sense the country has found a way to keep its gambling industry active without overburdening its small population. Players enjoy the freedom of access to international gambling platforms for a wide scope of entertainment, while the clear legal framework assures that any further development of regulations will be approached circumspectly toward change.
