Curacao is set to introduce innovative legislation for the regulation of games of chance in the second quarter of 2024. The central component of this reform is the National Ordinance on Games of Chance (LOK), which has already been presented to the country’s Council of Advice and is currently making its way to parliament. The LOK gaming license is poised to replace the existing master and sub-license system, where only four master license holders have the authority to grant sub-licenses to operators. To ensure a seamless and secure regulatory environment, the LOK encompasses the establishment of the Curacao Gaming Authority (CGA), an independent administrative body that will succeed the current Gaming Control Board (GCB).
This change will involve the introduction of a government license system that will be closely supervised and categorized into B2C (operator) and B2B (supplier). B2B activities will include game providers, platform providers, and payment services providers.
Furthermore, a National Decree for Online Gaming, based on the National Ordinance, will be introduced. This decree will outline the regulatory framework for online gaming, covering aspects such as license applications, operational requirements, and reporting. It will also specify the relevant fees for applications, compliance, and other related matters.
Under the new legislation, the CGA will have the authority to develop additional policies and guidelines on specific subjects, such as technical compliance, anti-money laundering, and responsible gaming. These guidelines are expected to be issued alongside the new legislation.
For existing companies in Curacao that currently operate under a sublicense from a master license holder, the transition process will require them to seek assistance from the master license holder and their corporate services provider in Curacao.
Minister Silvania has reassured existing operators that they can continue their business without interruption during the transition period. To facilitate this, the Gambling Control Board (GCB) will launch a dedicated portal on November 1st to streamline the license application process. Starting on November 15th, the GCB will begin accepting applications. Additionally, Curacao master license holders will be granted a license extension of up to one year until the new gambling law is fully enforced.
Upon the enactment of the LOK, master license holders will automatically transition to the new regulatory regime as long as they adhere to the specified policies and regulations. Sub-licensees who wish to continue their operations under the new framework will have a three-month transition period to apply for a license under the LOK. During the application and processing period, sub-licensees can maintain their operations as usual for up to nine months after the LOK comes into effect. However, operators who do not make the transition to the new licensing regime must cease their operations once their relevant master license expires.
In anticipation of the implementation of the Lok, the Minister of Finance of Curaçao has decided to resume issuing licenses under the current law, the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, P.B. 1993, no. 63) (NOOGH). This decision aims to establish a transition framework that will facilitate a seamless shift from the existing law to the new one.
With this in mind, this portal which can be found here serves two main purposes:
- It serves as a platform for operators who wish to apply for an online gaming license under the provisions of the NOOGH directly from the Curaçao Gaming Control Board (GCB).
- It allows for the registration of operators who are currently offering online gaming services in Curaçao based on a contractual agreement with an existing license holder and who aspire to obtain a Curaçao online gaming license under the current or future Curaçao law.
Once an application is submitted, the CGA is required to decide within three (3) months from the receipt of the compliance license application. Additionally, the CGA is obligated to communicate the completeness of the submitted application within two (2) weeks.
It’s essential to note that the license is non-transferrable and cannot be sub-licensed to third parties. The decision of the CGA will result in the issuance of either:
(i) a ‘normal’ license, which will be valid for a duration of five (5) years and indicates that all requirements have been met, or
(ii) a ‘provisional’ license, which will be granted for a period of six (6) months, with the possibility of a six-month extension. Provisional licenses are granted to applicants who have minor or easily achievable requirements that have not yet been met.
Upon successful processing of the application, the GCB will issue a Letter of Intent, a legally recognized license indicating that your entity falls under the authority’s jurisdiction. This license is valid for six months, during which your company must align with the new legislation and make any necessary adjustments to ensure compliance with the law. After meeting the requisite compliance standards, you may request an audit from the authority. Successful completion of the audit will lead to the issuance of the full license.
The new licensing system will also impose higher barriers to entry, and will introduce more stringent requirements for license holders, including the necessity to maintain a higher share capital. There is a transition period in place until 2025.
| EXISTING LICENSEE VS NEW ONE |
| Existing Licensee | New One |
| It is important to mention that Sub Licensees can continue their business without interruption during the transition period | Commencing from November 15, 2023, aspiring operators have the opportunity to seek licenses in accordance with the existing NOOGH regulation. The process of evaluating and granting these licenses will be conducted by the GCB and will be facilitated through the online portal. |
| During this period from November 1, 2023, until the LOK takes effect, current sub-licensee operators must make a choice regarding the following options: (1) maintain their status as a sub-licensee under their current master license agreement; (2) request an individual license directly from the new Curacao Gaming Control Board Portal starting from November 15, 2023; (3) opt to leave Curacao entirely and transfer to an alternative jurisdiction that offers a lighter regulatory framework. | Registration on the online portal. These registrations will not be treated as applications or requests for any form of privilege, license, or authorization. Each account is specific to its operator and shouldn’t be used for multiple applications or registrations |
| Sub-licensees need to register on the online portal. These registrations will not be treated as applications or requests for any form of privilege, license, or authorization. The registration portal is scheduled to go live on November 1, 2023, and there are no registration fees. Each account is specific to its operator and shouldn’t be used for multiple applications or registrations. Only legal entities that are in compliance with Curacao’s regulations and possess a local director and a registered office within Curacao, are eligible to register. | Submit an application through the online portal for the GCB. Applications can only be submitted by legal entities registered in accordance with Curacao legislation and having a local director and a registered office in Curacao |
| (1) maintain their status as a sub-licensee under their current master license agreement Sub-licensees who decided to keep operating under the Master licensee are required to apply for a new license once the LOK is enacted. They will be granted a transition period of three months to seek a license under the LOK. Throughout the application and review period, these sub-licensees can maintain their activities without disruption for up to nine months after the LOK is put into effect. Nevertheless, operators who opt not to transition to the updated licensing system must discontinue their operations once their respective master license expires. | New applicants must ensure that they complete the required documentation. The application process mandates the fulfillment of the following: · Online Gaming Application Form · Business and Corporate Information Form · Personal History Disclosure Form The “Personal History Disclosure Form” is mandatory for: · Stakeholders owning more than 10% · Board members and Managing Directors Essential personnel like the CEO or Compliance Officer |
| (2) request an individual license directly from the new Curacao Gaming Control Board Portal starting from November 15, 2023 Submit an application through the online portal for the GCB. Applications can only be submitted by legal entities registered in accordance with Curacao legislation and having a local director and a registered office in Curacao | Provide the necessary registration requirements in accordance with existing legislation |
| New applicants must ensure that they complete the required documentation. The application process mandates the fulfillment of the following: · Online Gaming Application Form · Business and Corporate Information Form · Personal History Disclosure Form The “Personal History Disclosure Form” is mandatory for: · Stakeholders owning more than 10% · Board members and Managing Directors · Essential personnel like the CEO or Compliance Officer | Once the application is submitted and the necessary conditions are met, the CGA is required to decide within three (3) months from the receipt of the compliance license application. The CGA is also obligated to communicate the completeness of the submitted application within two (2) weeks |
| Provide the necessary registration requirements in accordance with existing legislation | Once your application is successfully processed, the GCB will issue a Letter of Intent, a legally recognized license indicating that your entity falls under the authority’s jurisdiction. This license is valid for six months, during which your company must align with the new legislation and make any necessary adjustments to ensure compliance with the law |
| Once the application is submitted and the necessary conditions are met, the CGA is required to decide within three (3) months from the receipt of the compliance license application. The CGA is also obligated to communicate the completeness of the submitted application within two (2) weeks | Once you meet the necessary compliance standards, you can request an audit from the authority. If the audit is successful, the authority will give you the full license which will automatically be transferred to the new regime once in force |
| Once your application is successfully processed, the GCB will issue a Letter of Intent, a legally recognized license indicating that your entity falls under the authority’s jurisdiction. This license is valid for six months, during which your company must align with the new legislation and make any necessary adjustments to ensure compliance with the law | |
| Once you meet the necessary compliance standards, you can request an audit from the authority. If the audit is successful, the authority will give you the full license which will automatically be transferred to the new regime once in force | |
| Once the CGA makes a decision on the operator’s license application, the operator can either continue its activities with the issued license or must stop its activities immediately if the license is denied | |
