Getting a Gaming License

All applications for a license to offer remote gaming in or from Curaçao (online gaming license), as well as applications from suppliers seeking licenses to provide gambling-related critical services and goods, including games, in or from Curaçao (supplier license), must be submitted to the CGA through this portal in accordance with the National Ordinance on Games of Chance (Landsverordening op de kansspelen, PB 2024, no. 157, “LOK”).

General licensing framework under the LOK

Pursuant to the LOK, it is prohibited to offer online gaming in or from Curaçao without obtaining an online gaming license. This prohibition also extends to entities that directly or indirectly control player databases and player transactions in or from Curaçao.

Regarding the supplier license, such a license is required for suppliers of gaming-related critical services and goods, including game suppliers (online slots), sportsbook software suppliers (bet capture & settlement), peer-to-peer software suppliers (e.g., poker), and live studio game suppliers, that are established in Curaçao. However, it should be noted that this requirement will not take effect immediately but will come into force two years after the LOK takes effect.

Only legal entities established under Curaçao law, with their statutory seat in Curaçao, are eligible to apply for either an online gaming license or a supplier license under the LOK. Additionally, the entity must be managed by at least one natural person who is a resident of Curaçao or a corporate entity established under Curaçao law with at least one resident director.

The processing of license applications will always be conducted with due regard to the main objectives of the LOK, which include:

• Preventing fraud, money laundering and other illegal activities related to games of chance;
• Protecting players, including minors, and ensuring the payment of winnings;
• Preventing Gambling Addiction.

To achieve these objectives, the LOK provides that the supply of games of chance in or from Curaçao must always be safe, responsible, transparent, verifiable and reliable. While there may be some overlap in definitions, these terms are understood as follows:

1. Safe – Ensuring the security of offered games, gaming equipment, and gaming systems, with adequate protection against risks such as theft, malware, and cybercrime.
2. Responsible – Promoting fair and transparent treatment of players, implementing safeguards against gambling addiction, and protecting vulnerable individuals, including minors.
3. Transparent and verifiable – Ensuring that gaming operations are transparent to players and the CGA and accessible and verifiable, enabling proper administrative oversight by the CGA.
4. Reliable – Guaranteeing the integrity, (financial) stability, and continuity of gaming providers and the games they offer.

Key Requirements for License Applicants

The LOK provides that the CGA can grant a license to an applicant if the operation ensures a safe, responsible, transparent, and reliable offering of games of chance. However, the CGA must deny a license in the following circumstances:

• The identity and involvement of all ultimate beneficial owners, qualified shareholders, and those determining or co-determining the policy of the game operation are not sufficiently established.

• Any ultimate beneficial owner with a shareholding greater than 25%, or any person who determines or co-determines the policy, has been convicted of a crime in the past eight years related to obtaining unlawful gain, including theft, extortion, fraud, money laundering, or terrorism financing.

• The source of funds or capital used to finance the operation cannot be sufficiently traced or is directly or indirectly linked to criminal activity.

• Any financial obligations related to the application, such as fees or taxes, have not been fully paid.

• The applicant has outstanding tax or social security debts or an unresolved payment arrangement with the tax authority or Social Insurance Bank.

• The applicant or any person involved in policy decisions is linked to an operation whose gaming license has been suspended or revoked.

• The applicant cannot prove sufficient liquidity to pay player winnings as expected.

• The applicant does not have a responsible gaming policy in place.

• The applicant does not have a CGA-approved alternative dispute resolution system, as required by the ordinance.

• A key individual involved in the operation is deemed vulnerable.

• The applicant is not registered with the goAML system, as mandated by the relevant laws.

The grounds listed in points above are not exhaustive but represent key circumstances where the CGA must refuse a license. The CGA may always deny a license if the operation fails to meet the broader principles of safe, responsible, transparent, verifiable and reliable offering of games of chance.

Licensing Process

The license will be processed through a two-phase application process:

First Phase: The CGA assesses the integrity of the applicant and relevant involved parties and evaluates their financial stability.

Second Phase: The focus shifts to additional regulatory requirements and compliance with the LOK for obtaining a full license.

For each phase, once all required documents are submitted, the CGA aims to process the application within eight weeks. If additional time is needed, the process may be extended by up to four weeks in each phase.

If an applicant fails to meet one or more critical requirements, the application will be rejected. However, if the applicant does not fully meet all other requirements, the CGA may issue a provisional license depending on the nature and severity of the requirements that still need to be met.

This provisional license is valid for six months and may be extended for an additional six months, depending on the applicant’s progress in fulfilling the necessary conditions for a full license.

Required Forms and Documentation

The applicant must complete the required forms provided by the CGA and submit all necessary documentation as stipulated by the CGA. For more details, please click here.

Fees associated with the application for a license

There are fees associated with applying for both an online gaming license and a supplier license. For more details on these fees, please click here.

Objection and Appeal

If the application is rejected, the applicant can file an objection with the CGA or appeal to the Court of First Instance of Curaçao. Both actions must generally be taken within six weeks from the date the decision was issued. For more information on objection and appeal, please click here (https://gamingcontrol.spin-cdn.com/media/online_gaming/20240603_240527_objections_and_appeal.pdf). In all cases, it is advised to seek legal advice.

Validity Period for License

Once all requirements have been met to the satisfaction of the CGA, the applicant will be granted a definitive gaming license. This definitive license will be issued for an indefinite duration, subject to the possibility of revocation or suspension under specific circumstances as stipulated by the law.

Applicants for a gaming license who do not yet fully meet all requirements may be granted a provisional license depending on the nature and severity of the requirements that still need to be met. This provisional license is valid for a period of up to six months and can be extended for an additional term of up to six months, depending on the extent to which the applicant meets the necessary conditions for a full license.

License Conditions

Conditions will be attached to the license that apply to all license holders. Conditions that apply to all online gaming licenses can be found here, while conditions that apply to all supplier licenses can be found here. Specific license conditions may apply to individual license holders due to particular circumstances. These will be outlined in action points, which can be accessed through the checklist in the license holder’s online gaming portal account, and will form part of the license.

Disclaimer

In the event of any discrepancy between the information provided here and the provisions set out by or pursuant to the law, the latter shall always prevail.