A Circular Letter Cannot Amend or Clarify a Technical Standard Approved by Supreme Decree

The General Directorate of Casino Games and Slot Machines (DGJCMT) of MINCETUR has issued Circular Letter No. 011-2026-MINCETUR/VMT/DGJCMT, stating that certain “Reporting Formats” published on its website are mandatory for all technological platform operators and that testing laboratories must verify compliance with such formats before issuing the corresponding Certificate of Compliance.

This raises a legal issue that we have already pointed out: a Circular Letter cannot create, develop, or modify technical obligations when the Regulations themselves expressly establish the regulatory instrument through which this must be done.

Article 42 of the Regulations of Law No. 31557 provides that MINCETUR may develop and clarify the requirements contained in the Technical Standards “through mandatory Directives.” The Second Final Complementary Provision further confirms that the DGJCMT may develop or clarify such requirements through mandatory Directives.

One example demonstrates that this is not merely a reproduction of the Technical Standards. Section 3.7.2 of Technical Standards I, concerning the Game Performance Report, requires, among other data, the theoretical return percentage, current theoretical return percentage, number of games played, and credits remaining in interrupted games. However, the new Reporting Format establishes a different structure and introduces concepts such as “actual return %” and “Total Returns,” without accurately reproducing several concepts established in the Technical Standard. Therefore, this is no longer merely a tool for organizing information; it amounts to a modification of the technical requirements that technological platforms must comply with.

If MINCETUR considers it necessary to clarify or supplement these requirements, it may do so, but it must use the appropriate legal instrument: a Supreme Decree for an amendment or a Directive for a clarification.

Furthermore, if the intention is to establish technical regulations of general application to operators and testing laboratories, the applicable rulemaking requirements must be observed, including publication and, where applicable, prior publication of the draft regulation so that interested parties may submit comments before its approval, rather than imposing new requirements as mandatory. This is also a matter of legality and regulatory quality, particularly where the new requirements may entail technological modifications, additional costs, and new certifications.

In conclusion, in Administrative Law, form also matters, particularly when the certification, supervision, and potential sanctioning of operators may depend on it. Previously published in: https://www.linkedin.com/feed/update/urn:li:activity:7501629829155586048/