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Is Gambling Legal in Tonga?

Prohibited
Gambling is generally prohibited under Tonga's law, with no regulatory framework for licensing or oversight.
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    Key Information Highlights Legislation Timeline Requirements Sources

    Key Information

    Last Update 2025
    License Cost Varies

    Regulation by Activity Type

    Casinos Prohibited
    Online Casinos Prohibited
    Betting Prohibited
    Online Betting Prohibited
    Lotteries Regulated
    Poker Prohibited

    Highlights

    • Gambling in Tonga is largely prohibited under the Criminal Offences Act, which outlaws gaming houses and games of chance for money.
    • There is no formal licensing regime for land-based or online gambling operators in Tonga.
    • Participation in illegal gambling can result in fines or imprisonment of up to 3 months.
    • The sale of Lotto products to individuals under 18 is set to be banned, with penalties for non-compliant retailers.
    • Attempts to license casinos have faced legal and social opposition, with no operational casinos as of 2025.
    • Online gambling is not regulated, and there are no provisions for local or foreign online operators.
    • Religious and community groups strongly influence policy, contributing to strict gambling restrictions.
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      Legislation

      Primary Legislation

      The main legal framework governing gambling in Tonga is established by the Criminal Offences Act. This Act, originally enacted in 1924 and most recently amended in 2016, contains explicit provisions regarding gambling activities. Specifically, Sections 82 and 83 of the Criminal Offences Act address "gaming houses" and "games of chance." The Act defines a gaming house as any place used for gaming, and "gaming" is described as the playing of any game of mere chance for money or other stakes. Under these provisions, participation in or operation of gaming houses and games of chance is unlawful and subject to penalties, including fines and potential imprisonment. There are no other comprehensive statutes or regulatory acts specifically dedicated to the regulation or legalisation of gambling in Tonga.

      Regulatory Authority

      Tonga does not have a dedicated gambling regulatory authority or commission. Oversight and enforcement of gambling prohibitions fall under the general jurisdiction of the national law enforcement agencies, which are responsible for upholding the provisions of the Criminal Offences Act. There is no specialized governmental body established to regulate, license, or monitor gambling activities within the country.
      • Enforcement of gambling prohibitions is carried out by national law enforcement authorities.
      • No specific regulatory agency or commission exists for gambling oversight.

      License Types

      Types of Gambling Licenses Available in Tonga

      Currently, Tonga does not have an established or comprehensive gambling licensing system. Gambling activities, including both land-based and online casinos, are generally prohibited under the country's Criminal Offences Act, which defines and outlaws "gaming houses" and "games of chance." There is no clear framework for the regular issuance of gambling licenses for casinos, betting, lotteries, or online gambling.
      • No formal categories of gambling licenses are available for commercial operators.
      • The only exception on record is a single, exceptional approval for a casino project, which was subject to special government backing and required changes to existing regulations before any license could be formally granted. This was not part of a standard licensing regime.

      Application Process for Gambling Licenses

      There is no standardized or published application process for obtaining gambling licenses in Tonga, as the activity is generally prohibited. The only known case involved direct negotiations with government officials and required ministerial support and regulatory changes for any license to be considered.
      • No official application forms, procedures, or regulatory body for processing gambling license applications currently exist.
      • Any potential licensing would require high-level government approval and regulatory amendment on a case-by-case basis.

      License Duration, Renewal, and Eligibility

      Due to the absence of a formal licensing system, there are no established rules regarding the duration, renewal conditions, or eligibility criteria for gambling licenses in Tonga.
      • No public information exists on renewal procedures or eligibility requirements.

      Licensing Costs, Fees, and Financial Requirements

      There are no published fee schedules, application costs, or ongoing financial requirements for gambling licenses in Tonga. In the single known case of a proposed casino, the project cost was estimated at approximately US$450 million, but this figure relates to the investment in the facility, not to licensing fees or regulatory costs.
      • No standard licensing or regulatory fees are in place for gambling operators.
      • Any financial requirements would be determined on an ad hoc basis if and when the government decides to approve a specific project.

      Key Requirements for Obtaining and Maintaining a License

      There are no codified requirements for obtaining or maintaining a gambling license in Tonga. The only known attempt to license a casino required direct government involvement and was contingent on changes to the country’s laws.
      • No published standards regarding responsible gambling, anti-money laundering, or operational controls for licensees.
      • Any requirements would be subject to negotiation and regulatory development if the government chooses to permit gambling activities in the future.

      Summary Table: Gambling Licensing in Tonga

      Aspect Status in Tonga
      Types of Licenses No formal categories; gambling generally prohibited
      Application Process No standardized process; case-by-case government negotiation required
      Duration & Renewal No established rules or procedures
      Costs & Fees No published fees or financial requirements
      Key Requirements No codified requirements; subject to future regulatory development
       

      Gambling Tax

      Tax Rates for Gambling Operators in Tonga

      Currently, Tonga does not have a regulated gambling market and there are no specific tax rates established for gambling operators. The country’s legal framework, as outlined in the Criminal Offences Act, prohibits most forms of gambling, and there is no official system for licensing or taxing gambling businesses. There have been isolated reports of proposals for casino operations, but these have not resulted in the creation of a formal tax regime for gambling activities.

      Basis for Taxation

      Since there is no regulatory framework for legal gambling operations in Tonga, there is no defined basis for taxation such as Gross Gaming Revenue (GGR), turnover, or other metrics. No official guidelines exist regarding how gambling revenues would be assessed or taxed.

      Tax Reporting and Payment Requirements

      • There are no tax reporting or payment requirements for gambling operators, as gambling activities are not recognized or regulated by the government.
      • No procedures exist for submitting tax returns or making tax payments related to gambling operations.

      Tax Incentives, Exemptions, and Special Provisions

      • No tax incentives, exemptions, or special provisions are available for gambling operators, as gambling is not formally permitted or taxed in Tonga.

      Prohibited Individuals

      Age Restrictions

       

      Identification Requirements

      • Retailers must verify the age of customers before selling Lotto tickets to ensure compliance with the under-18 sales ban.
      • There are no formal identification requirements for other gambling activities, as these activities are largely prohibited.

      Prohibited Activities and Game Restrictions

      • All forms of gambling, including land-based casinos, gaming houses, and games of mere chance for money or other stakes, are prohibited under Tonga’s Criminal Offences Act.
      • Operating or participating in unlicensed gaming houses is unlawful and subject to fines or imprisonment.
      • Online gambling is not regulated and is effectively prohibited; there is no legal framework for online casinos or betting.
      • Casino gaming is specifically opposed by both government and major religious organizations, and attempts to license casinos have faced legal and social resistance.

      Advertising and Marketing Limitations

      • Advertising of illegal gambling activities is strictly prohibited.
      • Marketing of Lotto products must not target or appeal to individuals under the age of 18, in line with the upcoming sales ban for minors.
      • There are no provisions for advertising or promoting other gambling products, as these are not legally permitted.

      Responsible Gambling Requirements and Player Protection Measures

      • The government is developing strategies to prevent and minimize gambling harm, including public health campaigns and intervention services focused on problem gambling.
      • Retailers are required to comply with age verification and responsible sale practices for Lotto products.
      • There are no formal responsible gambling requirements for other gambling sectors due to their prohibited status.

      Geographic or Location Restrictions

      • There are no legal gambling venues permitted in Tonga; all gaming houses and casinos are prohibited.
      • Lottery products are sold through authorized retailers, but sales to minors are restricted nationwide.
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        Timeline

        Year/Date Event
        Pre-2017 Gambling, including casino gaming, is explicitly prohibited under Tongan law. Government and church authorities publicly oppose legalization efforts.
        January 2017 The Tongan Prime Minister’s Office reaffirms that gambling is illegal in the country and states that any applications for casino licenses would be futile under existing law.
        April 2017 The Tongan government approves its first casino license, granting Tavake Tamafua Ltd. exclusive rights to establish and operate a casino, signaling a potential shift in policy pending regulatory changes.
        2025 (expected) The government announces plans to ban the sale of Lotto tickets to individuals under 18 years old, introducing new fines for retailers who violate this rule.

        Requirements

        Software Certification and Technical Standards Requirements

        • There are currently no published or enforceable technical standards or software certification requirements specific to gambling operators in Tonga. The regulatory environment does not specify requirements for independent software testing, RNG (Random Number Generator) certification, or platform integrity controls.
        • No formal requirements are in place regarding the certification of gaming systems, platforms, or game fairness by accredited laboratories.

        Data Protection, Privacy Measures, and Server Location Requirements

        • Tonga does not have explicit data protection or privacy regulations tailored to gambling operators. There are no published requirements for the storage, processing, or transfer of player data specific to the gambling sector.
        • There are no mandates regarding the physical or logical location of gambling servers, nor are there requirements for data localization or security standards such as encryption, backup, or disaster recovery specific to gambling operations.

        Anti-Money Laundering (AML) and Know Your Customer (KYC) Procedures

        • There are no detailed AML or KYC technical requirements issued for gambling operators in Tonga. There is no requirement for automated identity verification, transaction monitoring systems, or suspicious activity reporting procedures specific to the gambling industry.
        • No technical guidelines exist for customer due diligence, record verification, or ongoing monitoring of player transactions within gambling operations.

        Financial Reporting, Auditing Standards, and Record-Keeping Requirements

        • There are no defined financial reporting or auditing standards for gambling operators in Tonga. The regulatory framework does not prescribe the use of specific accounting systems, audit trails, or third-party financial audits for gambling businesses.
        • No requirements exist for the retention period of gambling transaction records, financial documentation, or the format in which such records must be stored.

        Technical Implementation Requirements for Responsible Gambling Tools

        • Tonga does not impose technical requirements for the implementation of responsible gambling tools such as self-exclusion, deposit limits, or reality checks within gambling platforms.
        • No technical standards or operational mandates exist for the integration of player protection features or harm minimization technologies.

        Sources

        Primary Regulatory Authorities

        Legislation Resources

        Contact Information

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          Important Information Notice

          Gambling regulations are subject to change. The information provided on this page was accurate at the time of publication, but may not reflect the current regulatory landscape. Always consult official sources for the most up-to-date information before making any gambling-related decisions.

          Last updated: 21 April 2025