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Fix flawed Gambling Bill or lose out to rivals, Advocata tells government
Daily Mirror
- Proposed Gambling Regulatory Authority Bill is fundamentally flawed, granting the Finance Minister excessive, unchecked power and creating a politically vulnerable “proxy” regulator instead of an independent body
- Sri Lanka’s edge as a regional gaming hub challenged by the UAE and Thailand; a credible, independent regulatory framework is an urgent economic need
- Draft bill overlooks key industry segments, exempting state-run Lotteries board from oversight and insufficient regulation for fast-growing online gambling
The Advocata Institute, a Colombo-based independent think tank, is urging the Sri Lankan government to withdraw and redraft the proposed Gambling Regulatory Authority Bill, warning that its current form grants “excessive and unchecked powers” to the Minister of Finance, creating a “proxy” regulator instead of an independent body essential for the industry’s integrity and growth.
The call for a complete overhaul comes at a critical time for Sri Lanka’s gaming industry. A comprehensive 2024 report by Advocata highlighted the nation’s unique position as one of only two South Asian countries with legal inland casinos, giving it a significant advantage in attracting patrons from India, China, and the Middle East. However, the report also issued a stark warning that this window of opportunity is closing fast due to increasing competition.
The United Arab Emirates (UAE) and Thailand, both of which have historically opposed gaming, are now rapidly moving to develop their own gaming industries. The UAE has already established a Commercial Gaming Regulatory Authority and greenlit plans for an integrated resort by US-based Wynn Resorts, a move that could substantially impact demand from Sri Lanka’s key patrons.
“If the government of Sri Lanka fails to act quickly, there is a real possibility that other countries will take Sri Lanka’s place in the regional gaming market,” the report stated.
“The independence of a regulatory body is non-negotiable,” said Sudaraka Ariyaratne, a research consultant at Advocata.
“Without it, we risk creating a framework that lacks credibility, is vulnerable to political interference, and cannot deliver on its mandate.”
Advocata argues that the bill is fundamentally flawed, citing several critical deficiencies that extend beyond the lack of independence.
The draft bill overlooks key industry segments by exempting state-run Lotteries Board from oversight and failing to sufficiently regulate the burgeoning online gambling sector. The exemption for the National and Development Lotteries Boards is particularly concerning from an equity standpoint. Advocata’s research points out that the government’s current fiscal policy is regressive, relying heavily on lotteries
A form of gambling patronized disproportionately by lower-income households while the progressive potential of taxing the casino industry, which caters to wealthier clientele, remains untapped.
Other major weaknesses identified include lack of tourism sector input, as the bill fails to include any ex-officio representation from the Sri Lanka Tourism Development Authority (SLTDA), despite the strong link between gaming and tourism.
Further, the proposed authority lacks a mechanism to trace operator revenues, leaving significant room for underreporting and tax revenue leakage in the cash-based industry.
Fines for violations are as low as Rs. 100,000 for most offenses, a penalty considered “grossly inadequate” for a billion-rupee industry and an ineffective deterrent against wrongdoing.
In its call for a redrafted bill, Advocata emphasizes the need to incorporate international best practices and a clear strategic vision for the industry’s growth. The institute stresses that the primary economic benefits lie in promoting the IRs, which combine casinos with hotels, MICE (Meetings, Incentives, Conferences, and Exhibitions) facilities, shopping, and entertainment, have a proven multiplier effect on tourism and foreign exchange earnings. The upcoming City of Dreams project by JKH is cited as the type of investment that the regulatory framework should be designed to attract.
To ensure integrity and proper revenue collection, the reports suggest specific, practical solutions missing from the current bill, including that the authority should be empowered to license key casino employees, such as dealers and managers, following criminal and financial background checks to prevent corruption.
It also recommends that until a foolproof system for tracing gross gaming revenue is in place, Advocata recommends taxing operators based on their gaming capacity, such as a fixed fee per table and slot machine, to ensure a stable and fair revenue stream for the state.
