CONDITIONS TO CURACAO ONLINE GAMING LICENSE [1]

 

Article 1              Definitions

The following definitions apply:

a.      applications software: the collection of all software, including but not limited to databases, that are used to process and store player data, financial transactions, game transactions, game content and other content, such as website content, related  the gaming operation;

b.      gambling interface: the whole of electronic communication with which the licensee offers the licensed games of chance;

c.      game equipment: all active equipment that is used in the operation to process and store critical data, including but not limited to player data, financial transactions and game transactions;

d.      games of chance by means of distance communication: a game of chance that is organized remotely on the basis of the license; a game of chance will include all forms of event wagering;

e.      GCB: Stichting Gaming Control Board;

f.       key person: a person responsible the indirect or direct control of, or significant influence on an applicant’s management or assets, or management of the games or the approval or implementation of any applicant’s operational policies required as part of the licensing process by the GCB including any person who is or acts as CEO, CFO, CTO or CCO of the license holder;

g.      NOOGH: the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, PB 1993, no. 63);

h.      licensee: the holder of a license grated pursuant to the NOOGH;

i.       NOIS: the National Ordinance Identification for Services (Landsverordening identificatie bij dienstverlening, PB 2017, no. 92, GT);

j.       NORUT: the National Ordinance Reporting Unusual Transactions (Landsverordening melding ongebruikelijke transacties, PB 2017, no. 99, GT);

k.      player: the person who is registered as a player with the licensee;

l.       player account: the account held by the licensee in the name of a player with the playing balance of that player, which is used exclusively for the purpose of participating in the licensed games of chance and which can be traced back to the player;

m.    player interface: the part of the gambling interface accessible to the player after registration;

n.      SNO: the Sanctions National Ordinance (Sanctielandsverordening, PB 2014, no. 55, GT);

o.      qualifying interest: a direct or indirect interest of at least ten percent of the issued share capital or a comparable interest, or the ability to directly or indirectly exercise at least ten percent of the voting rights or comparable control;

p.      ultimate beneficial owner: a natural person who ultimately owns or controls the licensee, by directly or indirectly holding at least ten percent of the shares, voting rights or ownership interest in the licensee;

q.      winnings: prizes in the form of money or monetary value obtained with participation in a licensed game of chance.

 

 

Article 2              The License

1.      A license to operate games of chance by means of distance communication as referred to in Article 1 of the NOOGH is granted to a company established under the laws of Curacao and has its registered office in Curacao, under the conditions set out in the following articles.

2.      The license is granted for the domains to be stipulated by the GCB, for a term of one year, subject to earlier revocation or suspension.  This license, including its status, content or duration, is subject to future change in legislation or regulations promulgated by the GCB from time to time as specified in Article 2(4) below.

3.      The licensee must not offer any goods or services other than those related to the licensed games of chance.

4.      The licensee complies with all policies, procedures, regulations, guidelines and directives that may be set by the GCB with regard to the licensed games of chance, and the way in which these should be organized, including policies, procedures, regulations, guidelines and directives pursuant to the NORUT and NOIS.

 

Article 3              Non-transferability of license and outsourcing

1.      It is prohibited to transfer the license or to conclude any agreement or suffer any arrangement whereby the license is used by any person other than the licensee.

2.      In carrying out the organization of the licensed games of chance, the licensee shall ensure the regulations laid down by or pursuant to the NOOGH, the NORUT, the NOIS and the SNO are strictly adhered to at all times.

3.      In case where the licensee outsources activities to third parties, the licensee shall take all appropriate measures to ensure that the regulations referred to in the second paragraph are fully complied with.

 

Article 4              General prohibitions

1.      The licensee is prohibited from admitting persons from participating in games of chance if they are:

a.      residents of Curaçao or any other territory as determined by the GCB from time to time;

b.      under the age of 18;

c.      an employee/officer or any key person of the licensee or any person who is a UBO or any employee/officer of any entity which has a qualifying interest;

d.      players who have excluded themselves from participation as long as the self-exclusion period is in place.

2.      The licensee is prohibited from granting credit to players directly or indirectly, whether or not via intermediary.

3.      The licensee  cannot allow a negative balance on the player’s player account.

4.      The licensee cannot allow a player to participate in a game of chance if the balance on the player account is insufficient to cover the wager. The licensee may deviate from this requirement only with  the prior approval of the GCB.

5.      Any intended change or addition of UBO’s, holders of a qualifying interest, directors or key persons of the license holder, are not allowed without prior approval of the GCB. Changes or additions of new domains must be reported promptly to the GCB.

 

 

 

 

Article 5              License fee

1.    The license fee owed by the licensee amounts to ANG 120.000,- per year for licenses with up to 40 registered domain names, subject to future adjustments, including, but not limited to, the possibility to charge a fee for the approval of future changes or additions, such as of domains or UBO’s.

2.    The payment of the license fee will be as follows:

a.    ANG 36.000,- on granting of the license, as further stipulated by the GCB;

b.    ANG 7.000,- per month, as of the first month, as further stipulated by the GCB.

3.    For each additional domain name added to the license, an annual licensing fee of ANG 500,- per domain name is applicable.

 

Article 6              Safe and secure environment

 

1.      The licensee shall ensure that the players at all times are playing in a safe and secure environment.

2.      The games offered shall be available to players at all times in a safe and secure manner without an interruption of service.

3.      The licensee shall ensure that all players’ personal data and transactions are processed and stored in a safe and secure manner in accordance with all applicable laws and regulations, including the Personal Data Protection Ordinance.

4.      The licensee shall ensure that its entire operation is conducted by persons of impeccable conduct.

5.      The licensee shall ensure that it always has sufficient funds to pay out the prize money with appropriate ring-fencing and segregation measures.

 

Article 7              Equipment and application software

1.      The licensee must have game equipment and applications software that can be demonstrated to adhere to international standards or are tested for information security and integrity by an independent qualified entity approved by the GCB.

2.      The licensee is responsible for a regular maintenance of the game equipment, gambling interfaces,  and application software and replaces or expands it as necessary to ascertain the integrity of the operation.

3.      The licensee has an up-to-date inventory of the game equipment, gambling interfaces whether this is physical or virtual, the application software and the games offered in the operation. The GCB may request the licensee to provide an updated inventory from time to  time.

4.      The licensee maintains a detailed manual of the application software used  in the operation.

 

Article 8              Player registration

 

1.      A player must register for a player account and must log into the account before playing remote games of chance for money or money’s worth.

2.      In case the licensee uses payment intermediaries for player transactions, the intermediaries must be registered, verified and all transactions must be recorded in an identifiable account. The GCB may ask for full disclosure of  the agreement between the licensee and its intermediaries. 

3.      Players must be given the opportunity for self-exclusion for a minimum of six months and to indicate the limits of their gambling behavior in terms of:

a.      the maximum amount of time per day, week or month a player can be allowed access to the player interface;

b.      the maximum daily, weekly or monthly amounts of money to be deposited into the player account; and

c.      the maximum daily, weekly or monthly amounts of money to spend through the player account.

Licensees must allow players to be able to set gross or net maximum amounts and must indicate how  bonuses and free bets will be treated in calculating that sum.

Article 9              Payment transactions

1.      All payment transactions between the licensee and the player must be carried out exclusively through the player account.

2.      The licensee must hold a segregated account for player deposits and winnings.

3.      Where the licensee uses intermediaries for player transactions, the transactions must be recorded in the intermediaries’ account.

4.      Bets and or wagers may be made in the currencies determined by the licensee from time to time.

5.      Real currencies accepted as wagers/deposits by the licensee must be tradeable on international markets.

6.      Virtual currencies accepted as wagers/deposits by the licensee must be tradeable on internationally licensed virtual currency exchanges.

7.      A licensee cannot exchange currencies in a player’s account. This does not prevent the issuance  /purchase of in-game tokens.

8.      The prize money must be payable in the same currency (virtual or real) that was used to play the game.

9.      The licensee  must provide the player at all times with access to the necessary information relating to the player account and the changes to the player account. This information shall in any case include:

a.    the current balance of the player account;

b.    the opening balance of the player account at the most recent login;

c.    the total stake since the most recent login;

d.    the total profits and the total losses since the most recent login;

e.    an overview of all transactions on the player account for a period of at least the last 90 days;

f.     within how much time after the end of the game the prize money will be available; and

g.    for how long the prize money remains available for withdrawal, provided that such period is not less than 30 months from the date it was awarded.

 

Article 10            Games

1.      All  remote games of chance owned  by the licensee must be certified for soundness and integrity by an independent testing laboratory.

2.      The licensee must ensure that any  remote  games of chance offered by it  to players which are supplied by third party providers are certified by an independent testing laboratory.

3.      Proof of certification as referred to in the first and second paragraph must be submitted to the GCB within 6 months of granting of the license in accordance with instructions of the GCB, save where the GCB seeks earlier submission, and thereafter upon the request of the GCB.

 

Article 11            General terms and conditions

1.      The licensee must make available at all times its general terms and conditions of use to the player.

2.      The terms and conditions shall be unambiguous and written in a clear and understandable manner in the languages in which the games are available.

3.      The general terms and conditions in any case must contain provisions that pertain to:

a.      the amendment of the general terms and conditions;

b.      name, business address and Chamber of Commerce number of the licensee;

c.      the obligations of the player before he can open a player account;

d.      the conditions under which a player account is closed or access to it is suspended;

e.      the conditions under which the distribution of player deposits and winnings may be suspended voided or cancelled. ;

f.       rules on the currency to be used for the bet and the prize money;

g.      the retention of all communications related to participation in games for a period specified in the terms and conditions;

h.      the ability to set playing and deposit limits;

i.       the possibility of self-exclusion;

j.        the processes for player withdrawal requests and the handling of dormant accounts and balances;

k.      the applicability of the law of Curaçao and the jurisdiction of the Curaçao court with regard to disputes between the licensee and the player; and

l.       a complaints procedure and any ADR (see Article 12 below)  made available

4.      Players must be given the opportunity to review changes to the terms and conditions in a sufficiently clear manner in order to determine whether they wish to continue to participate in the offered remote games of chance. It must be possible to consult these at all times the remote games of chance are available   via the publicly accessible part of the licensee's game website. The player must be able to access this information from any page of the game website.

 

Article 12            Complaints handling

1.    The licensee must  provide a transparent, simple and free procedure for handling complaints from players that can be reached at least electronically.

2.    The procedure, referred to in the first paragraph, in any case provides that:

a.      it is clearly indicated where and how the player can make a complaint;

b.      the submission of the complaint is straightforward for the player;

c.      receipt of the complaint must  be  promptly  acknowledged by the licensee;

d.      the complainant is informed in writing with duly substantiated reasons for the findings together with supporting documents;

e.      the complaint is dealt with as soon as possible but no later than within eight weeks;

f.       the complainant is informed in a clear and articulate manner the findings under d. above; and

g.      all communications in the complaints process must always offer the player an option to use English together with the language in which he/she/they participated in the games. All findings and reasons for the findings and all supporting documents must be provided in the language that the player has elected to adopt.

3.    The licensee will indicate on the part of the remote games of chance interface that is accessible to everyone and on the player interface how complaints about the licensed games of chance will be handled.

4.    The GCB may set rules with regard to complaints that escalate to a dispute, including, but not limited to, the obligation for the operator to offer, at its expense, the possibility of alternative dispute resolution (“ADR”)  with a specialized provider of such services approved by GCB.

 

 

Article 13            Administrative obligations

1.      The licensee must keep separate records with regard to the licensed games of chance.

2.      The licensee must  keep the records referred to in the first paragraph in such a way that its rights and obligations and the rights of the player are clear at all times and that it can comply within a reasonable period with requests from the GCB with regards to the necessary data for the purpose of supervising compliance with the provisions of and pursuant to the LBH.

3.      At any time, the records must show, among other things:

a.      the  remote games of chance played;

b.      the number of times each game has been played;

c.      the players who participated in each game;

d.      the transactions of all players, including the bets made and the winnings paid out

4.      Its  fiscal year must be the same as the calendar year. Deviation from this is only possible with permission from the GCB.

5.      The licensee is obliged to submit its audited annual accounts to the GCB no later than June 30 of the following calendar year. Notwithstanding the previous sentence, the GCB may develop a policy on the basis of which it is possible to deviate from the inspection obligation.

6.      The GCB may in its discretion determine that , the licensee  should also provide the GCB with interim financial and management reports.

7.      The GCB may set further rules with regard to the administration. These may relate, among other things, to the data to be covered and the periods during which that data must be kept.

8.      The licensee ensures that all data as referred to in paragraph three and data underlying the reports in the fifth paragraph are retained for a minimum of ten years and are readily available for inspection by the GCB upon request, in a readable format. All other data must be securely stored for at least six years.

 

Article 14            Publicly accessible information

1.    The licensee must provide access to correct and up-to-date information on the player user interface that is publicly accessible to everyone, which will in any case include:

a.      the name and trade name under which the licensee is registered with the Chamber of Commerce;

b.      the registration number at the Chamber of Commerce;

c.      the date on which the license was issued to the operator and its duration;

d.      the player’s geographical address, contact details and customer service contact details;

e.      a statement that the GCB is the licensing authority and supervisor;

f.     a reference to the general terms and conditions used by the player;

g.    the prohibition of participation by minors;

h.    the remote games of chance offered by licensee, including the rules of the game, the odds of winning, the method of determining the odds and, insofar as possible, the payout percentage;

i.     the total costs associated with participation in the remote game of chance;

j.     any specific costs for using the technology of remote games of chance;

k. information about gambling addiction and where players can go if they have or think they have an addiction;

l       the complaints and disputes procedures;

m.   the period within which the prize money is made available after the end of the game;

n.    the currency in which the prize money is payable;

o.    the way in which players can limit their stakes or participation; and

p.    the way in which a player can exclude himself from participation, registration and receipt of marketing material.

2.    The licensee shall provide the information referred to in the first paragraph in the English language and in a manner that is appropriate, comprehensible and accessible to the player. If the player has elected a language, the licensee shall provide the information referred to in the first paragraph in both English and in the language chosen by the player.

3.    The licensee will inform the player in a timely manner about changes to the data referred to in the first paragraph to draw the player’s attention to the changes on log in.

4.    The licensee will pursue a policy to prevent minors and actual and potential problem gamblers from participating in the exploitation and take visible measures to this end by, among other things, clearly indicating where players can go if they have or think they have an addiction.

5.    The licensee must ensure that marketing and advertising activities:

1. are not misleading;
2. do not make the chance of winning seem greater than it actually is;
3. are not aimed at young people under the age of 18 or problem gamblers;
4. do not give the impression that participating in games of chance offers a solution to financial or other personal problems; and
5. do not suggest that gambling can be an alternative to work, a way to build financial security or be a financial investment.

6.    The licensee will at all times display the digital seal of the GCB as shown in annex A, in accordance with applicable terms

 

Article 15           Reports

1.      The licensee shall submit all information and reports to the GCB which, according to the GCB, are necessary for the supervision of compliance with the provisions of or pursuant to the LBH.

2.      The reports consist in any case of a change report and an incident report.

3.      In the change report the licensee reports on all critical changes over the past month, including changes in relations to the games offered, game equipment, gambling interface, applications software the general terms and conditions, and policies and procedures. The change report must be submitted to the GCB no later than the tenth of each month.

4.      In the incident report, the licensee must report  the following topics:

a.      breach of the security of the offer of games of chance as a result of which personal information of players or game data has (possibly) been jeopardized, as well as the measures taken as a result;

b.      failure, loss or damage to part or all of the equipment or software as a result of which the offer for remote games of chance has (possibly) been lost in whole or in part, as well as the measures taken as a result;

c.      (attempted) fraud or other forms of criminal behavior of participants related to games of chance, as well as the measures taken in response thereto;

d.      it suspects or knows it is in breach of a license condition or it is a matter that could have impacted on license grant had it been known at the time, including (i) a deviation from the business plan or any data provided on license application; and (ii) there having been a disproportionate number of customer disputes by reference to comparable periods of trading under a sublicense and/or any one dispute is for a material amount;

e.      it has materially deviated from following its own policies and procedures;

f.       where it or any of its key persons, UBO’s or entities with a qualifying interest is/are at serious risk of facing criminal charges regulatory censure/loss of license in any jurisdiction;

g.      the license holder is unable to pay its debts as they fall due;

h.      there is a high likelihood that the license holder will not be using its GCB license to accept wagers in a live environment within six months of license grant; and

i.       any other matter which the GCB notifies the licensee which would in its discretion amount to an incident.

5.      The incident report must be submitted to the GCB as soon as practicable and no later than within 48 hours of an incident.

 

 

Article 16           Policies and procedures

1.    The licensee shall at all times have policies and procedures in place regarding:

a.      customer identification and verification;

b.      player account and fund management;

c.      responsible gaming;

d.      information security;

e.      AML/ CFT/ CPF; and

f.       player account suspension and closure;

or any other policies and procedures the GCB may demand in the interest of a safe, responsible, transparent, verifiable, and reliable offering of remote games of chance.

2.    The GCB may at any time demand submission of the policies and procedures as referred to in the first paragraph. The licensee must in any event within six months of granting of the license submit to the GCB the policies and procedures as referred to in the first paragraph in accordance with regulations or guidelines as stipulated by the GCB.

 

Article 17            Suspension and termination of license

1.      The GCB can suspend the license on the basis of serious suspicions that there are grounds for revoking the license.

2.      The GCB can terminate the license if:

a.      the licensee violates or has violated one or more of the provisions of the LBH;

2. a condition or restriction attached to the license has been violated;
3. the GCB suspects or has serious reason(s) to suspect that the licensee or any key person is suspected of a violation of a rule applicable by or pursuant to the LBH, or an offense made punishable, including but not limited to money laundering, fraud, terrorism or any other game of chance related crime;
4. the licensee does not meet its financial obligations towards one or more players;
5. the gambling licensee does not inform the GCB in time and truthfully of changes that may affect the status of the license;
6. the games of chance licensee uses or has used credit balances of participants, including the winnings earned by participants, improperly;
7. circumstances arise or facts become known on the basis of which, if they had occurred or had been known before the time at which the gambling license was granted, the license would have been refused;
8. the requirements laid down by or pursuant to the NORUT, the NOIS, or the SNO have been violated;
9. the licensee so requests;
10. the licensee cannot sufficiently demonstrate that he has sufficient cash or security to be able to pay the prizes, which can reasonably be expected, directly to the participants;
11. the licensee has been declared bankrupt, has obtained a suspension of payments, or is otherwise insolvent;
12. the objectives of the relevant company of the licensee are no longer being pursued;
13. the licensee deliberately provides reports and other data and documents to the GCB that are untrue or misleading; or
14. the license holder has not commenced the permitted activities within six months.

3.      If the GCB believes that there are grounds for suspension or termination it will give the licensee the opportunity to be heard before deciding on suspension or termination, unless the GCB has concerns that players or other interested parties risk serious harm in the licensee continuing to operate or it is otherwise in the public interest.

4.      The license will be revoked by operation of law should the licensee be wound up.

5.      If the license is revoked, the licensee is obliged to immediately cease its activities under the license in accordance with instructions of the GCB.

 

Article 18   Additional conditions

 

The GCB can add such additional conditions as it deems appropriate which may be time specific for compliance or ongoing.

 

 

Article 19            Supervision

1.    Supervisors designated by the GCB are responsible for supervising compliance with the provisions laid down by or pursuant to the LBH.

2.    The supervisors referred to in the first paragraph shall, solely insofar it is reasonably necessary for the fulfillment of their task, have the authority:

a.    to request all information;

b.    to demand access to business data, documents and other information carriers, to make copies thereof or to take them along for that purpose for a short period against written proof to be provided by them;

c.    to examine objects, including carriers of digital data, to subject them to inspection, to take samples thereof or to take them for that purpose for a short period against written proof to be provided by them;

d.    to enter any place, with the equipment required for supervision, with the exception of a private residence without the permission of the resident, accompanied by persons designated by them

e.    to examine vessels, stationary vehicles and their cargo.

3.    Everyone shall be obliged to cooperate fully with a supervisor, who may  reasonably demand this in the exercise of his powers, within such reasonable time limit as he may specify.