Getting a Gaming License

Pursuant to the National Ordinance on Offshore Games of Hazard (PB 1993, no. 63) (NOOGH)), the Governor of Curaçao is authorized to grant a license to operate online games of chance on the international market.By national decree of December 23, 2019, no. 19/2434, the Minister of Finance of Curaçao has been mandated, on behalf of the Governor, the responsiblity for policy-making and implementation with regard to the LBH.

By ministerial order of March 24, 2020, No. 2020/00449623, the Minister of Finance has mandated the powers granted to him with regard to offshore games of hazard to the Curaçao Gaming Control Board (“GCB”). On behalf of the Minister of Finance, the GCB is thus charged with granting licenses for and supervising the online gaming sector.

Licensing Objectives

The licensing and supervision on the basis of the NOOGH shall takes place in light of the following (internationally accepted) objectives:

1. the prevention of fraud and other illegal activities related to games of chance;
2. the protection of players, including the protection of minors and guaranteeing payment of player winnings;
3. the prevention of gambling addiction.

In order for these objectives to be met, a safe, responsible, reliable and a transparent supply of games of chance in or from Curaçao must be guaranteed, where, notwithstanding overlap that may exist between the definitions:

1. 'safe' refers to the safety of the games offered, the game equipment and the game system and their sufficient resistance to risks such as theft, malware and internet crime;
2. 'responsible' refers to matters such as open and fair treatment of players, safeguards against gambling addiction and the protection of vulnerable persons, including minors
3. 'reliable' refers to the integrity and the stability and continuity of the provider of the games of chance and the game it offers. The reliability of the games of chance provider must also be beyond doubt in connection with the prevention of money laundering and the financing of terrorism;
4. transparent” means that the operations of the provider must be accessible, transparent and testable and that it is also properly administered.

Based on the above, the GCB can:

• Grant an online gaming license if the operation guarantees a safe, responsible, transparent and reliable offer of games of chance in or from Curaçao;Suspend or revoke a license if it has grounds to believe that the operation jeopardizes a safe, responsible, transparent and reliable offer of games of chance in or from Curaçao;
• Attach tothe license conditions and restrictions that can reasonably contribute to a safe, responsible, transparent and reliable offer of games of chance in or from Curaçao.

Requirements for applying for a permit on the basis of the LBH

The applicant for the license must be a legal entity that has been incorporated under the laws of Curaçao and has its registered office in Curaçao. Only applicants that do the following critical activities are eligible for a license:

• Player management: registration and verification of players,and
• funds management: engaging in financial transactions, manage players' funds (deposit and withdrawals), and create bonuses and other incentive.

The applicant should fill out and submit an Online Gaming License Application Form, a Business and Corporate Disclosure Form and a Personal History Disclosure Form for every qualifying person.

Within the handling of the license application, the GCB will focus on:

1. the integrity of the applicant, its ultimate beneficial owners , its holders of a qualifying interest , its statutory directors, its managing directors and its compliance officers;
2. the financial integrity of the applicants organization;
3. delivery channels and their accessibility from the players’ standpoint.Critical policies and procedures must be submitted with the GCB within 6 months of granting of the license, audited in accordance with instructions of the GCB, and thereafter upon the request of the GCB.

Method of submission of the application

The application forms and other required documents for the application can be found here.

Decision term

The GCB decides within two months of receipt of the application that has been submitted in accordance with all applicable requirements.

Validity period license

The validity period of the license is a maximum of one year, subject to earlier revocation or (transitional) provisions applicable under future Curacao laws.

License conditions

Conditions will be attached to the license that apply to all holders of a license. Conditions that apply to licenses granted by the GCB directly to operators that offer games of chance by means of distance communication on the international market can be found here. Specific conditions that apply to individual license holders due to specific circumstances may be attached to the license.

Fees

Licensees must pay a fee set by national decree as referred to in the NOOGH.