The Nevada Gaming Control Board released updated guidance addressing how Nevada gaming licensees should manage online gambling activities outside the state. The policy notice responds to rapid growth in internet gambling and the expanding number of ways Nevada-linked entities distribute gaming products globally.
The guidance applies to both current licensees and applicants. It also extends to affiliated and subsidiary companies operating online gaming products in other jurisdictions. The Board stated that its objective is to limit adverse consequences for companies under Nevada’s foreign gaming requirements and relevant state statutes and regulations.
Scope Extends to Different Commercial Models
The document identifies a broad range of commercial arrangements used in online gambling markets. These include business-to-consumer operators that offer online gaming directly to players, business-to-business suppliers that provide platforms or game content to third-party brands, and content aggregators that distribute games across multiple platforms. The Board noted that without clear written guidance, companies, regulators, and industry specialists had reached inconsistent conclusions about what constitutes legal activity in a given jurisdiction when different distribution models are involved.
The guidance outlines that companies are expected to evaluate the suitability of entering a foreign jurisdiction regardless of how their content is ultimately commercialized. The Board stated that the same expectations apply whether the offering originates inside or outside the jurisdiction where players access the content.
Licensees are expected to conduct comprehensive due diligence before entering any foreign market. The Board defined due diligence broadly, citing internal compliance reviews, consultation with legal counsel, existing corporate policies, and review by compliance committees as examples. The guidance also noted that licensees may consult with the Board’s Investigations Division during the evaluation process.
Notice 2026-04 Notice of Industry Guidance for Online Gaming Products (pdf) highlighted that enforcement inactivity in a jurisdiction does not signal approval. It stated that “The absence of any enforcement action against any gaming company in a specific Jurisdiction, does not in itself mean that Online Gaming Products may be legally offered in that Jurisdiction,” adding that companies are responsible for independently determining legality based on applicable laws before engaging in commercial activity.
Companies using business-to-business or aggregator distribution arrangements may rely on their partners’ due diligence under certain contractual conditions. These conditions include written assurances of legal compliance, the ability to terminate contracts upon regulatory concerns, and ongoing collaboration to ensure products do not appear in prohibited jurisdictions. The Board added that licensees remain responsible for conducting their own due diligence for jurisdictions considered presumptively prohibited.
Identification of Presumptively Prohibited Jurisdictions
The notice defined criteria for determining when jurisdictions are considered presumptively prohibited. A jurisdiction falls under this category if its laws expressly prohibit online gaming or if it has taken enforcement action against players or companies offering online gaming products. Examples of enforcement include legal actions, DNS blocking, deep packet inspection, cease and desist orders, banking restrictions, and payment blocking.
Examples listed in the guidance included Australia, China, Cuba, India, Indonesia, Iran, Russia, Saudi Arabia, Syria, and Thailand. The document noted that the list is not exhaustive and may change as new information becomes available. Licensees seeking to enter a jurisdiction on the presumptive list must compile supporting due diligence and submit it to the Board before commencing or continuing commercial operations there.
Beyond jurisdictional analysis, licensees must maintain a register that records determinations regarding the legality of each jurisdiction. The register must include supporting analysis and be produced to the Board upon request. Companies already operating online gaming products overseas must submit a complete list of jurisdictions where their products are available within 60 days of the guidance being posted. Thereafter, quarterly updates are required for new jurisdictions deemed suitable for online gaming product offerings.
The Board expects licensees to monitor where their online gaming products are accessed and to take prompt action to remove products from prohibited jurisdictions unless the presumption can be rebutted through thorough due diligence. Licensees are also expected to reassess the legality of all jurisdictions at least once every two years due to changing laws and enforcement conditions.
