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What is the UIGEA?
The Unlawful Internet Gambling Enforcement
Act of 2006 (UIGEA) is an American law passed in the United
States Congress on September 30, 2006 and signed by President
George W. Bush on October 13, 2006. The law (surreptitiously passed
with the Safe Port Act) is intended to eradicate online gambling
by prohibiting US banks and credit card companies from
transferring funds between Internet-based casino web site
operators located offshore and their American-based gambling
enthusiasts
This additional legislation, the Unlawful Internet Gambling
Enforcement Act (UIGEA), specifies a punishment of up to 5 years
imprisonment, and/or fines, for any "person engaged in the
business of betting or wagering" who knowingly accepts a
financial instrument for the purpose of "unlawful Internet
gambling". Sneakily attached to the Safe Port Act, and
passed by members of Congress, most of who knew little or
nothing about the UIGEA, this legislation became law -
coincidentally on Friday the 13th - when Bush put pen to paper.
Although the Act was signed into law on Oct 13, 2006, a
provision in the act gives the Treasury Department and the
Federal reserve 270 days to present a set of guidelines that
banks and financial instructions could use to be in compliance
with the provisions of this act. This time period runs out on
about July 20, 2007.
What has been the effect of the new law?
Although the deadline for banks to
actually start enforcing the provisions of the law has not been
reached, in the first it's first six months the law has already
had a significant effect on Americans who enjoyed the
entertainment value of gambling on the Internet.
The most obvious development was the almost immediate exit from
the American market of several of the largest both
publicly traded and private companies in the business. These
included Party Poker. the largest online poker room in the
world, and Pinacle Sportsbook arguably the most popular
sportsbook in the world.
Although several companies have decided to continue their
operations in the US, the majority of them have withdrawn. The
next most important development has been the exit of the major
payment processors that handled the speedy transfer of funds
between these online companies and their clients. Neteller the
largest of these entities left the US market after the US
Department of Justice brought criminal indictments against its
founders.
So, in many ways, the new law, even though the enforcement
guidelines are not yet in place has a a significant impact on
the Online gambling business as a whole. American citizens have
seen dramatic decreases in the number of providers competing for
their business, and have a much more difficult time transferring
funds between themselves and the offshore operators.
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