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Games with the possibility of winning (standing trade) - Apply for a clearance certificate at the Federal Criminal Police Office

If you wish to organise games with the possibility of winning on a commercial basis in a standing business, you need a clearance certificate from the Federal Criminal Police Office (BKA).
You must apply for this.

The BKA issues the clearance certificate to the following persons:

the manufacturer of a game if it is a mass-produced gaming device.
He or she will then receive a copy of the clearance certificate for each replica of the gaming device.
in all other cases: the organiser of the game

The clearance certificate shall contain the following information:

Designation of the game
The company name and registered office of the manufacturer or the name, date of birth, place of birth and place of residence of the game's organiser
Description of the game and the course of the game, if applicable with illustrations and general drawings
Rules of the game and prize schedule
List of places where you are permitted to organise the game
Period of validity of the clearance certificate
any ancillary provisions

Note: Clearance certificates can also be issued for a limited period or subject to conditions.

Details

Prerequisite

The game to be tested is a game of skill. Games of skill are games in which the person playing the game determines the outcome of the game with a high degree of probability according to the game set-up and rules. To do so, he or she uses his or her skill or knowledge.
In the case of mass-produced replicas of the game equipment, these must correspond to the sample submitted for testing and declared harmless by the BKA.

The clearance certificate is refused if

there is a danger that the person playing will suffer unreasonably high losses in a short period of time, or
the game can be organised as unauthorised gambling within the meaning of Section 284 of the Criminal Code (StGB) by changing the conditions of the game or by changing the gaming equipment by simple means.
This is the case if
- the game is a card, dice or ball game derived from a game of chance within the meaning of § 284 StGB, or
- the game cannot be operated economically according to the conditions submitted for examination.

Procedure

You must submit the application for a clearance certificate in writing to the competent office. It must be signed by hand.

The BKA decides on the application together with

the Physikalisch-Technische Bundesanstalt and
a committee of four criminal investigators of the Länder who are experienced in the field of gambling.

Required documents

Game description
Rules of the game
if required by the type of game: calculation of the payout and hit expectation
further documents may be required, for example
- a ready-to-use device, if it is a gaming device
- Sample of the gaming facility or individual parts

Costs

Fees according to processing time and graduated hourly rates: EUR 47.00 - 67.00,
maximum EUR 2,500
Fee for issuing the clearance certificate: maximum EUR 250.00
in the case of exceptional expenditure for the examination: increased fee, maximum double the amount
Reimbursement of expenses (e.g. expenses for additional copies, transcripts and extracts)
Transcription of a clearance certificate (change of venue):
EUR 40.00
per copy of a clearance certificate: EUR 25.00

Attention: If you withdraw your application after the start and before the end of the examination, you will have to pay fees for the examination of the application.

Processing time

depending on the type of game and the scope of testing

Miscellaneous

The BKA may withdraw or revoke the clearance certificate if

reasons subsequently become known that would have precluded its issue,
You alter the characteristics of approved gaming facilities, or
You organise a game that has been declared harmless under unauthorised conditions.