91天堂原創

Full POGO Ban Raises Questions On Domestic Industry, Enforcement

July 23, 2024
Back
Philippine President Ferdinand Marcos Jr鈥檚 landmark decision to ban foreign-facing online gambling operations (POGOs) has attracted near-unanimous political support, but leaves questions hanging on enforcement and the fate of the domestic online industry.

Philippine President Ferdinand Marcos Jr鈥檚 landmark decision to ban foreign-facing online gambling operations (POGOs) has attracted near-unanimous political support, but leaves questions hanging on enforcement and the fate of the domestic online industry.

The shock announcement of a POGO ban at the end of Marcos鈥 State of the Nation Address on Monday (July 22) continued to ricochet through the Philippine political establishment on Tuesday, with praise from delighted political friends and foes offset slightly by job loss concerns and cascading sector impacts.

Marcos told Congress in his speech鈥檚 climax: 鈥淓ffective today, all POGOs are banned鈥, bringing much of the chamber to its feet in a noisy standing ovation accompanied by chants of the President鈥檚 informal initials, 鈥淏BM鈥 鈥 Bongbong Marcos.

The President said he had had enough of the criminality of the POGO sector and refused to distinguish between regulated and illegal operations; therefore, ordering gambling regulator PAGCOR to 鈥渨ind down and cease the operations of POGOs by the end of the year鈥.

In the end, a combination of raids on POGO-linked crime precincts in and outside Manila, political hostility towards the sector and bilateral difficulties with China had placed the sector in peril.

In particular, the debacle involving Alice Guo, an ethnic Chinese mayor and de facto POGO investor, now accused by senators of espionage and faking her Philippine nationality, overwhelmed the government with mounting law enforcement nightmares and endless bad press.

PAGCOR chairman and CEO Alejandro Tengco was briefly shown on television, laughing and clapping in his seat in the chamber as his boss delivered the announcement.

After years of intensifying hostility to POGO operations, Tengco had become the last and most passionate high-level advocate of POGO regulation, arguing frequently and publicly that it was better to regulate than proscribe, for the latter would only drive problematic businesses underground and out of reach.

Prohibition will now shift the resources burden from regulators to police, the Presidential Anti-Organized Crime Commission and other enforcement agencies, which are grappling with hundreds of illegal foreign-facing online gambling operations of all sizes around the country.

Marcos鈥 decision therefore comes as a blow to Tengco and his PAGCOR colleagues, who must now dismantle the regulated sector they spent difficult years building and repairing, and instead find alternative revenue sources for PAGCOR鈥檚 substantial tax and welfare obligations.

When asked by 91天堂原創 GamblingCompliance on Tuesday if the ban will encourage the regulator to explore expansion of the smaller domestic online gambling segment, PAGCOR board member Gilbert Remulla said: 鈥淧AGCOR鈥檚 leadership is exploring all avenues to make up for the revenue shortfall that will result from the eventual ban of POGOs.鈥

Jade Entertainment & Gaming Technologies CEO Joe Pisano, whose company holds a licence for domestic online operations, including a sportsbook, told 91天堂原創 that eradicating the POGO segment will be a highly complex task and will require the 鈥渟upport of industry鈥.

This involves targeting 鈥渆nablers of illegal activities, which include payment gateways, platform providers, ISPs, social media and electronic and print media鈥, he said.

Pisano said the domestic online gambling segment might have an opportunity to fill some of the market vacuum left by POGOs if the government is supportive.

The domestic industry has been 鈥渟et up with the correct set of regulations, they have know-your-customer [processes], anti-money laundering [protocols], geo-blocking, proper monitoring鈥.

Domestic online gambling licences 鈥渁re an extension of land-based licences, and if called upon they could step up and service offshore customers from countries where gaming is legal and geo-block countries where gaming is illegal, such as China鈥, he said.

It remains unclear if Marcos鈥 announcement applies to legacy POGO-style operations in Cagayan Province, whose one-time, laissez-faire regulatory structure under the control of a private regulator spawned the foreign-facing online industry before PAGCOR took control of the bulk of regulation.

Marcos did not mention Cagayan in his address, and the fate of the Cagayan Economic Zone Authority鈥檚 online gambling interests will now depend on the fine print of Marcos鈥 as-yet unissued orders.

Meanwhile, Michael Ricafort, chief economist at RCBC bank, is predicting initial negative impacts from the POGO ban, although not without balancing elements.

鈥淕lobal investors patronise countries that comply with ESG [environmental, social, governance] standards 鈥 compliance on ESG signals good business for the country,鈥 Ricafort told Malaya Business Insight.

鈥淚 do not have precise estimates but compliance on ESG standards would encourage more foreign and local investments,鈥 he said.

However, Ricafort added: 鈥淪upplies or any other businesses/industries in the supply chain of POGOs could be adversely affected, such as rental/lease income, employment agencies, and other related/allied products and services needed by POGOs from the locals.

鈥淭ransport and logistics servicing POGOs could also be adversely affected in terms of reduced/lost business,鈥 he said.

The wider political problem for the government is the loss of around 50,000 jobs for Filipinos in the sector, an issue Marcos anticipated in his address when ordering the Department of Labor and Employment to help retrain and employ those affected.

Overall, however, the response to Marcos鈥 bombshell was strongly positive.

Finance secretary Ralph Recto, long a critic of POGO tax avoidance, was delighted that Marcos had followed his advice.

鈥淚n truth, we incur more losses from POGOs than what we earn from them, since they do pay taxes, but we spend a lot, for example, [on policing] because of the crimes,鈥 Recto told Philippine television after the address, in comments translated by Rappler.

鈥淪o when you sum it all up in my recommendation to the President to ban POGOs, we also showed the cost-benefit analysis of it. In my opinion, the President鈥檚 decision is correct.鈥

Opposition senator Risa Hontiveros, a leading opponent of POGOs whose Senate committee has uncovered industry criminal networks, praised Marcos.

鈥淎s the chairperson of the Senate Committee on Women who led the investigation into crimes linked to POGOs, I cannot express my joy and relief at the banning of POGOs in our nation,鈥 she wrote on Facebook on Monday.

鈥淧OGOs have brought innumerable and unspeakable social ills into the country. I commend the President for his resolute pronouncement.

鈥淥ur Senate hearings will continue to demand accountability. We will also continue to ensure that we strengthen policies that would prevent industries like POGOs from ever emerging again.

鈥淎nd to all POGOs聽鈥 legal or illegal聽鈥 goodbye.鈥

Other senators such as Joel Villanueva remain committed to shutting down online gambling in its entirety and have bills in place to this end, although it is unclear if the POGO ban will deflate or fuel momentum against the domestic sector.

"We agree with the president's statement that 鈥榚vil triumphs when good men do nothing鈥,鈥 Villanueva said, citing Marcos鈥 reference to John Stuart Mill.

鈥淭hus, we continue to call for the prohibition not only of POGOs but all forms of online gambling in the country.鈥


聽 聽 聽 聽 聽

Our premium content is available to users of our services.

To view articles, please Log-in to your account, or sign up today for full access:

Opt in to hear about webinars, events, industry and product news

Still can鈥檛 find what you鈥檙e looking for? Get in touch to speak to a member of our team, and we鈥檒l do our best to answer.
No items found.