How to Verify a Philippine Offshore Gaming Operator (POGO) License with PAGCOR

This practical legal article explains how to confirm whether a counterparty is a duly licensed Philippine Offshore Gaming Operator (POGO) or an accredited service provider of the Philippine Amusement and Gaming Corporation (PAGCOR). It’s written for landlords, banks and PSPs, BPOs, recruitment firms, compliance officers, external counsel, and law-enforcement partners in the Philippines.

1) The legal and regulatory frame—why verification matters

What a “POGO” is (in PAGCOR terms). PAGCOR historically uses the umbrella term Offshore Gaming Licensee (OGL) to refer to operators authorized to offer online gaming to non-Philippine customers from servers and facilities located in the Philippines. In common parlance, these OGLs are called POGOs. PAGCOR also accredits service providers (e.g., gaming software/platform, live studio, customer support/CRM, content providers, labs, data centers) that support a licensed OGL.
Key legal limits. Offshore gaming must not offer wagers to persons located in the Philippines. The business is aimed at foreign markets; local access is prohibited except for authorized staff operations and testing.
Principal legal hooks.
- PAGCOR charter and regulatory issuances (licensing and accreditation).
- Republic Act No. 11590 (2021): taxation of offshore gaming licensees and their service providers; employer/employee tax compliance and registration duties.
- AMLA framework (RA 9160, as amended): casinos and certain gaming businesses are “covered persons” subject to KYC, record-keeping, and reporting obligations; offshore gaming commonly triggers EDD for counterparties and payments.
- Data Privacy Act (RA 10173) for customer/staff data handling.
- Labor & immigration (DOLE AEPs, Bureau of Immigration work visas), BIR registration (Form 2303), local business permits, and SEC registration for Philippine entities.
Enforcement risks. Doing business with unlicensed operators or non-accredited providers risks contract voidness, AML exposure, tax penalties, and possible criminal liability for facilitating illegal gambling or related offenses.

2) What “good standing” looks like

A legitimately authorized offshore gaming operation in the Philippines typically has:

PAGCOR Offshore Gaming License (OGL) issued to the operator (entity name must match corporate registration).
PAGCOR Accreditation for each service provider engaged (with scope aligning to the services rendered).
Current status: “active” (not suspended, revoked, or expired).
Matching particulars: registered name, trade name (if any), principal business address/site, and approved sites (e.g., live studio) consistent across all documents.
Tax and corporate compliance: SEC registration, BIR COR (Form 2303), mayor’s/business permits, and (where applicable) PEZA/BOI or special zone permits.
Labor/immigration compliance: AEPs and visas for foreign staff; standard labor compliance for local employees.
Technical and responsible gaming controls: approved games, RNG/lab certifications (where applicable), geoblocking of the Philippines, age/identity controls for foreign customers, audit trails, and incident reporting protocols.

3) The verification workflow (step-by-step)

Goal: Independently confirm that (a) your counterparty is a PAGCOR-licensed OGL (POGO) or a PAGCOR-accredited service provider; (b) the license/accreditation is active; and (c) the specific activities and locations you will touch are covered.

A. Prepare a counterparty information pack

Ask your counterparty to provide clear, legible copies (and allow you to sight originals if reasonable):

PAGCOR OGL Certificate (for operators) or PAGCOR Accreditation Certificate (for service providers).
Latest PAGCOR status notice/letter if any (e.g., renewal, lifting of suspension).
SEC documents (Articles, GIS, latest AOI amendments, list of directors/officers).
BIR Certificate of Registration (Form 2303) and relevant tax filings/receipts.
Mayor’s/Business Permit (current year), building occupancy permits for sites.
Lease contracts for premises used as offices, hubs, or live studios.
Data center/hosting contracts and addresses of production and backup servers.
Labor & immigration evidence (AEPs/visas for foreign staff assigned to your account).
Compliance manuals: AML program (if applicable), incident reporting SOP, game testing/lab certs, geo-blocking policy, RG (responsible gaming) policy.
For service providers: a scope matrix showing services (e.g., platform, CRM, studio) mapped to the exact accreditation category.

B. Confirm identity and scope

Name match: The name on the OGL/accreditation must match the legal entity you will contract with. If they propose a different affiliate/SPV, require the accreditation or a PAGCOR approval that covers that entity and role.
Scope match: The games, channels (RNG, live dealer, sportsbook), markets, premises (e.g., live studio location), and infrastructure in your deal must be within what PAGCOR approved.
Territory controls: Confirm geoblocking of the Philippines and other restricted jurisdictions; check their customer location controls, sanctions screening, and PEP handling.

C. Check current status with PAGCOR

Cross-check against the official PAGCOR lists of:
1. Offshore Gaming Licensees (operators), and
2. Accredited Service Providers (by category).
Verify “active” vs “suspended/revoked/expired.” Where status is unclear, request a PAGCOR status confirmation or no-objection letter issued to the counterparty within the last 30–60 days.
Match addresses and sites listed by PAGCOR to those in your transaction (office, studio, data center).
If anything doesn’t match, pause the transaction and obtain clarification or an updated PAGCOR document.

Tip: Many counterfeit “certificates” use old templates or wrong seals, or they reference superseded categories. Compare formatting, signatories, and dates across multiple authentic samples you trust.

D. Perform risk checks beyond licensing

Tax: Validate BIR COR, TINs, and recent payments/returns. RA 11590 imposes special taxes/withholding—ask how they comply.
AML: If you are a covered person (e.g., bank/PSP), conduct EDD on gaming entities and beneficial owners; require source-of-funds/wealth where risk indicators appear.
Data privacy: Ensure DPA compliance and cross-border transfer safeguards for foreign customer data.
Sanctions/export controls: Screen counterparties, directors, and major customers/markets.
Labor & immigration: Spot-check AEPs/visas for named key foreign staff and headcount consistency with payroll.

4) Reading the license & common categories

Operator (OGL / “POGO”)

Holder: Corporate entity (not a person).
Coverage: Game verticals, approved premises (including live studios if operated in-house), systems and control requirements, reporting, and audit obligations.
Validity: Typically a fixed term with renewal conditions; subject to suspension/revocation for violations.

Accredited Service Providers (examples)

Gaming Software/Platform Provider
Live Dealer Studio Provider
Customer Relations/CRM/Call-Center Provider
Content Provider/Aggregator
Gaming Laboratory/Testing/Certification
Data Center/Network/Hosting Provider

Important: A service provider’s accreditation does not substitute for an operator’s OGL. If you are contracting with an “operator,” you need to see the OGL itself; if you are contracting with a “provider,” ensure their accreditation category covers the exact services you will receive.

5) Red flags and how to escalate

“Pending renewal” with no documentary proof or with lapsed validity dates.
Entity name mismatch between certificate and the contracting party.
Use of apartments or unapproved sites for live operations.
Conflicting status reports across different documents.
Request to process payments for Philippine customers (prohibited).
Reluctance to share BIR/SEC/permit files or to allow site visits.
High-risk markets with weak KYC or sanctions exposure and no compensating controls.

Action on red flags: Freeze onboarding, request a PAGCOR written status confirmation, require remedial actions (e.g., add-on accreditation, site approval), or decline the deal. Consider STR/CTR obligations if you’re a covered person and risk indicators rise to the statutory threshold.

6) Contracting safeguards (what to put in your agreements)

Condition precedent: Delivery of valid OGL/accreditation and evidence of “active” status directly verifiable with PAGCOR.
Ongoing warranty: The counterparty remains duly licensed/accredited; immediate notice of any suspension, investigation, material breach, site change, or scope change.
Audit & access: Right to audit compliance (including geoblocking, lab certs, logs) and to conduct site inspections on reasonable notice.
Termination for cause: Automatic termination on suspension/revocation/expiry or illegality in the Philippines or the target markets.
AML & sanctions clause: Representations, covenants, cooperation on EDD, and immediate reporting of suspicious activity.
Data privacy & security: Technical/organizational measures, breach notifications, and DPAs for cross-border processing.
Change management: Prior PAGCOR approval for additional games/sites/service scopes as needed.

7) Landlords, banks/PSPs, recruiters: tailored checklists

Landlords

Verify OGL/accreditation and that the leased premises (office/studio) are approved or approvable.
Include use restrictions (no local customer wagering; compliance with PAGCOR, BIR, LGU permits).
Reserve inspection rights and early termination for regulatory events.

Banks / Payment Service Providers

Confirm offshore-only wagering and market geoblocking; obtain game flow and funds flow diagrams.
Require beneficial ownership details and ongoing reporting on markets and volumes.
Build transaction monitoring rules tailored to gaming flows; define cease-services triggers (e.g., suspension).

Recruiters / EOR / Staffing

Validate accreditation class if you are providing customer support or live studio staff.
Check AEPs/visas; ensure labor standards and housing (if provided) meet law and contract.

8) How to handle uncertainty with PAGCOR status

If the public list/check yields unclear or conflicting data:

Request a fresh status letter from PAGCOR addressed to the counterparty (or to you with the counterparty’s consent).
Ask for proof of renewal filing and fee payment if renewal is claimed.
Time-box the onboarding: no go-live or funding until written confirmation is received.
If risk is material, obtain counsel’s opinion on enforceability and risk allocation.

9) Practical FAQs

Q: Is a PAGCOR “application in process” enough to start? A: No. Do not treat an application, LOI, or intent to accredit as authority to operate.

Q: We’re dealing with an affiliate/brand under a group with one OGL. Is that okay? A: Only if the license and PAGCOR authorization expressly cover the affiliate/brand and the exact activities/sites you’ll touch.

Q: Can service provider accreditation be used to accept bets? A: No. Only OGL holders can conduct the operator function. Providers support; they don’t take wagers.

Q: Do we need to verify every year? A: Yes. Calendar a periodic re-verification (e.g., every 6–12 months) and on any material change (new games, new sites, market changes, corporate actions).

10) Model documents (copy/paste)

A. PAGCOR Status Confirmation Request (external)

Subject: Status Verification Request – [Entity Name], [OGL/Accreditation No.] We are conducting counterparty due diligence on the above entity and respectfully request written confirmation of: (1) current status (active/suspended/revoked/expired), (2) authorized scope (games/services), (3) approved sites/premises, and (4) validity/renewal dates. Kindly reply or advise the proper channel for third-party verification. Thank you.

B. Counterparty Warranty Clause (agreement insert)

The Counterparty represents and warrants that it (i) holds a valid and subsisting PAGCOR [Offshore Gaming License/Accreditation] authorizing the Activities, (ii) will maintain such authorization in good standing throughout the Term, and (iii) will immediately notify [Your Company] of any suspension, revocation, expiry, investigation, site change, or scope modification. Failure to maintain such authorization shall constitute a material, incurable breach.

C. Due Diligence Checklist (short form)

OGL/Accreditation (copy + status)
SEC papers (AOI/GIS)
BIR COR + latest returns
Mayor’s/Business Permit
Site approvals (office/studio/DC)
Contracts (lease, DC/hosting)
AML/Privacy policies
AEPs/visas (sample set)
Lab/RNG approvals (if applicable)
Geoblocking & market list
Incident/complaints log (last 12 months)

11) Key takeaways

Verify with PAGCOR directly or against official lists—do not rely solely on marketing materials or group-level licenses.
Match scope and sites, not just names and dates.
Bake compliance into contracts (conditions precedent, audit, termination triggers).
Re-verify periodically and on any material change.
When in doubt, hold off onboarding until you obtain written confirmation.

This article is for general guidance in the Philippine context and is not a substitute for tailored legal advice on your specific facts.