Comprehensive Roadmap for Obtaining an Online Gaming License in Curaçao

 Comprehensive Roadmap for Obtaining an Online Gaming License in Curaçao

This roadmap outlines the requirements and obligations for acquiring and maintaining an online gaming license from the Curaçao Gaming Control Board (GCB) as per the Curaçao Gaming Control Board's "Conditions to Curaçao Online Gaming License".  Click here to jump to "how to appeal" or "Required Documents"

1. Company Establishment

  • Legal Entity: Must establish a company under the laws of Curaçao with its registered office located in Curaçao.

2. Licensing Scope and Duration

  • License Specifics:
    • Granted for specified domains approved by the GCB.
    • Valid for a term of one year, subject to renewal, suspension, or revocation.
    • Non-transferable and cannot be used by any person other than the licensee.

3. Exclusive Business Operations

  • Business Activities: Must exclusively offer services related to the licensed games of chance. Offering other goods or services is prohibited.

4. Compliance with Regulations

  • Adherence:
    • Must comply with all policies, procedures, regulations, guidelines, and directives set by the GCB.
    • Strict compliance with the following ordinances:

5. Financial Obligations

  • License Fees:
    • Annual Fee: ANG 120,000 for up to 40 registered domain names.
      • Payment Schedule:
        • ANG 36,000 upon license grant.
        • ANG 7,000 per month starting from the first month.
    • Additional Domains: ANG 500 per additional domain name annually.
    • Future Adjustments: Be prepared for possible fee adjustments or additional charges for approvals of future changes.

6. Operational Requirements

6.1. Safe and Secure Environment

  • Player Safety: Ensure players play in a safe and secure environment at all times.
  • Continuous Service: Games must be available without interruption.
  • Data Protection: Secure processing and storage of personal data and transactions in compliance with the Personal Data Protection Ordinance.
  • Staff Conduct: Operations must be conducted by individuals of impeccable conduct.
  • Financial Integrity: Maintain sufficient funds to pay out prizes, with appropriate ring-fencing and segregation measures.

6.2. Equipment and Software

  • Certification:
    • Game equipment and application software must adhere to international standards or be tested by an independent qualified entity approved by the GCB.
  • Maintenance:
    • Regular maintenance and updates to ensure integrity.
    • Maintain an up-to-date inventory of all equipment and software.
  • Documentation:
    • Keep detailed manuals of application software used.
    • Be prepared to provide inventories and manuals to the GCB upon request.

6.3. Game Certification

  • Independent Testing:
    • All games owned or offered must be certified for soundness and integrity by an independent testing laboratory.
  • Submission to GCB:
    • Submit proof of certification within 6 months of license grant or earlier if requested.
    • Provide certifications upon GCB's request thereafter.

7. Player Registration and Protection

7.1. Registration Process

  • Mandatory Registration:
    • Players must register for a player account and log in before participating in games.
  • Verification:
    • If using payment intermediaries, ensure they are registered, verified, and transactions are recorded.

7.2. Self-Exclusion and Limits

  • Self-Exclusion:
    • Provide players the option to self-exclude for a minimum of six months.
  • Setting Limits:
    • Allow players to set limits on:
      • Time: Maximum access time per day, week, or month.
      • Deposits: Maximum amounts of money to deposit daily, weekly, or monthly.
      • Spending: Maximum amounts to spend through the player account.
    • Transparency: Clearly indicate how bonuses and free bets are treated in calculating limits.

8. Financial Transactions

8.1. Payment Handling

  • Player Accounts:
    • All transactions must be conducted through the player's account.
  • Segregated Accounts:
    • Maintain separate accounts for player deposits and winnings.
  • Intermediaries:
    • Transactions via intermediaries must be recorded in identifiable accounts.
    • Be prepared to disclose agreements with intermediaries to the GCB.

8.2. Currency Management

  • Accepted Currencies:
    • Real currencies must be internationally tradeable.
    • Virtual currencies must be tradeable on internationally licensed exchanges.
  • Currency Consistency:
    • Winnings must be paid in the same currency used for wagering.
  • Currency Exchange:
    • Cannot exchange currencies within player accounts (excluding in-game tokens).

8.3. Account Transparency

  • Accessible Information:
    • Provide players with real-time access to:
      • Current and opening balances.
      • Total stakes, profits, and losses since last login.
      • Transaction history for at least the last 90 days.
      • Timeframes for prize availability and withdrawal periods (minimum 30 months).

9. General Terms and Conditions

  • Availability:
    • Must be accessible at all times from any page of the game website.
  • Clarity:
    • Written in clear, understandable language(s) used in the games.
  • Content Requirements:
    • Amendments to terms.
    • Company details (name, address, Chamber of Commerce number).
    • Player obligations for account opening.
    • Conditions for account closure or suspension.
    • Conditions for suspending, voiding, or cancelling deposits and winnings.
    • Currency rules for bets and prizes.
    • Data retention periods.
    • Options for setting play and deposit limits.
    • Self-exclusion processes.
    • Withdrawal requests and handling dormant accounts.
    • Legal jurisdiction (Curaçao law and courts).
    • Complaints procedure and Alternative Dispute Resolution (ADR) options.
  • Notification of Changes:
    • Inform players of any changes in a clear manner, allowing them to decide on continued participation.

10. Complaints and Dispute Resolution

10.1. Complaints Procedure

  • Accessibility:
    • Provide a transparent, simple, and free procedure, accessible electronically.
  • Process Requirements:
    • Clear instructions on how and where to file complaints.
    • Prompt acknowledgment of receipt.
    • Resolution within eight weeks.
    • Written, substantiated responses with supporting documents.
    • Option for communications in English and the player's chosen language.

10.2. Alternative Dispute Resolution (ADR)

  • Obligations:
    • May be required to offer ADR services approved by the GCB at the operator's expense.
  • Information Provision:
    • Display complaints and disputes procedures on the public and player interfaces.

11. Advertising and Marketing Standards

  • Compliance:
    • Marketing activities must:
      • Not be misleading.
      • Accurately represent chances of winning.
      • Not target minors (under 18) or problem gamblers.
      • Avoid suggesting gambling as a financial solution or investment.
  • Responsible Messaging:
    • Provide information on gambling addiction support.
  • Digital Seal:
    • Display the GCB's digital seal as per guidelines.

12. Data Protection and Retention

  • Record-Keeping:
    • Maintain separate and comprehensive records of gaming operations.
  • Data Availability:
    • Ensure data is readily available for GCB inspection.
  • Retention Periods:
    • Critical data (e.g., game records, transactions) retained for at least 10 years.
    • Other data securely stored for at least 6 years.

13. Reporting Obligations

13.1. Regular Reports

  • Change Reports:
    • Monthly reports detailing critical changes (e.g., games offered, equipment, software, policies).
    • Due by the 10th of each month.
  • Financial Reports:
    • Submit audited annual accounts by June 30 each year.
    • Fiscal year must align with the calendar year unless otherwise permitted.
  • Interim Reports:
    • May be required to submit additional financial and management reports as requested.

13.2. Incident Reports

  • Reporting Incidents:
    • Notify the GCB within 48 hours of incidents such as:
      • Security breaches.
      • Equipment or software failures.
      • Fraud attempts or criminal behavior.
      • Breaches of license conditions or policies.
      • Financial insolvency risks.
      • Any other incidents as defined by the GCB.

14. Policies and Procedures

  • Mandatory Policies:
    • Customer identification and verification.
    • Player account and fund management.
    • Responsible gaming measures.
    • Information security protocols.
    • Anti-Money Laundering (AML), Combating the Financing of Terrorism (CFT), and Countering Proliferation Financing (CPF).
    • Procedures for account suspension and closure.
  • Submission to GCB:
    • Must submit these policies within 6 months of license grant or upon GCB's request.
    • Be prepared to update and submit policies as required.

15. Player Interface and Public Information

  • Required Information on Website:
    • Company details (name, trade name, Chamber of Commerce number).
    • License issuance date and duration.
    • Contact details and customer service information.
    • Statement of GCB licensing and supervision.
    • Access to general terms and conditions.
    • Prohibition of participation by minors.
    • Detailed information on games offered (rules, odds, payout percentages).
    • Costs associated with participation.
    • Information on gambling addiction support.
    • Complaints and disputes procedures.
    • Prize availability timelines and currency information.
    • Methods for players to set limits and self-exclude.
  • Language Requirements:
    • Information must be in English and the player's chosen language.
  • Updates:
    • Inform players promptly about any changes to the provided information upon login.

16. Prohibited Practices

  • Player Restrictions:
    • Cannot accept players who are:
      • Residents of Curaçao or other restricted territories as determined by the GCB.
      • Under 18 years old.
      • Employees, officers, key persons, or stakeholders with a qualifying interest in the licensee.
      • Self-excluded individuals during their exclusion period.
  • Credit and Negative Balances:
    • Prohibited from granting credit to players.
    • Players cannot have negative balances.
  • Sufficient Funds Requirement:
    • Players must have sufficient funds in their account before participating.

17. Changes and Approvals

  • Prior Approval Needed:
    • For any intended changes to:
      • Ultimate Beneficial Owners (UBOs).
      • Holders of a qualifying interest.
      • Directors or key persons.
    • Must report additions of new domains promptly to the GCB.

18. Supervision and Cooperation

  • GCB Authority:
    • Supervisors have the authority to:
      • Request information and access records.
      • Examine equipment and data carriers.
      • Enter premises (excluding private residences without permission).
  • Licensee Obligations:
    • Must fully cooperate with GCB supervisors.
    • Provide requested information within specified time limits.

19. Suspension and Termination

  • Grounds for Suspension or Termination:
    • Violation of license conditions or applicable laws.
    • Financial insolvency or inability to pay debts.
    • Providing false or misleading information to the GCB.
    • Failure to commence operations within six months of license grant.
  • Process:
    • GCB will provide an opportunity to be heard unless immediate action is required.
    • Upon revocation, must immediately cease licensed activities per GCB instructions.

20. Additional Conditions

  • GCB Discretion:
    • The GCB may impose additional conditions deemed appropriate.
    • Conditions may be time-specific or ongoing.
Appeal: If you disagree with the decision of the Gaming Control Board (GCB), you have the right to file an objection with the GCB on the basis of Article 55 of the National Ordinance on Administrative Proceedings (NOAP) by following these steps. 

Overview of Required Documents for Gaming License Application

Below is an overview of the required documents for the gaming license application: 

1. Personal History Disclosure Form V011123

  • Purpose: To provide information of all Key Persons.  
  • Enclosures:
    1. Original or Certified True Copy of Birth Certificate
    2. Original or Certified True Copy of Passport or another state-issued identification document
    3. Original or Certified True Copy of a recent police conduct or conviction sheet (for all jurisdictions where the applicant resided for more than six months within the last two years)
    4. Certified True Copies of any gaming licenses issued to the applicant in a personal capacity (e.g., UK Personal Management License)
    5. Original or Certified True Copy of a bank reference or recent bank statement (issued within six months of the application date)
    6. Original or Certified True Copy of a utility bill or bank statement showing the current residential address
    7. Letter of Appointment/Engagement Agreement as a Key Person
    8. Declaration and evidence of Source of Funds/Wealth (optional for UBO or new person)
  • Certification of Documents: Certifications must be made by embassy officials, legal/accountancy professionals, relevant financial entities, or authorized persons within the applicant's jurisdiction.

2. Business and Corporate Information V011123 Form

  • Purpose: To provide information on the company applying for a license, is to be completed by an official representative of the applicant, or as directed by the GCB.
  • Required Documents:
    1. Articles of Incorporation
    2. Company Structure
    3. Latest Audited Financial Statements
    4. Shareholder's Register
    5. Chamber of Commerce Excerpt
    6. Tax ID (CRIB)

3. Online Gaming Application Form V011123

  • Purpose: To provide information on the operations of the applicant.
  • Requested Documents:
    1. Player Identification and Verification Policies
    2. Player Account Suspension and Closure Policies
    3. Certification of Games by Testing Laboratory
    4. Player Account and Fund Management Policies
    5. Security Policy and Procedures
    6. Complaint Procedure
    7. Responsible gaming measures
    8. Anti-Money Laundering (AML), Combating the Financing of Terrorism (CFT), and Countering Proliferation Financing (CPF).
    9. Self-Exclusion Policies

4. Domain(s)

  • Required for registering the domains under the gaming license.

5. Appointment of MLRO (Money Laundering Reporting Officer)

  • The license applicant must appoint an MLRO, responsible for ensuring compliance with anti-money laundering regulations.

6. Local Representation

  • The applicant must designate a local representative to facilitate the application and ensure compliance with local laws.

7. Extra Documentation (If Requested by GCB)

  • Any additional documentation requested by the Gaming Control Board as part of the application process.


Important Notes:

  • Document Format: All documents must be uploaded in PDF format.
  • The Personal History Disclosure Form and Business and Corporate Information Form require certified true copies of supporting documents, certified by authorized professionals.
  • This roadmap is based on the translated "Conditions to Curaçao Online Gaming License." In case of discrepancies, the original Dutch version takes precedence.
  • Important: License applicants and holders should regularly consult with legal professionals and the GCB to ensure full compliance with all current regulations and requirements. 

  • Reference:  https://portal.gamingcontrolcuracao.org/page/license-conditions



Comments

Post a Comment

Popular posts from this blog

Curaçao Gaming Control Board Application and Submission Guidelines

Application Submission Guidelines Application Submission   Corporate Disclosure Form   Business Plan   Online Licensing Application Form   Domains  Start-Ups  Sublicensee Additional Disclosure  Game Certification   Personal History Disclosure Form   Who Needs to Submit a Personal History Disclosure  Critical Documents Uploaded   Communications   Application Submitted   Changes to the Application   Domain Changes  Key Events   Decision Period   1. Application Submission The Gaming Control Board (the “GCB”) has noticed a range of quality in the applications submitted. Some do not meet the required standards, resulting in processing delays due to the need for additional information, amendments, or corrections. It is important that applicants ensure their submissions are complete and of satisfactory quality from the outset. Applicants must fully complete three core forms and upload all required enclosures. ...
Read more

Online Gambling ban in Cyprus imminent?

The home of many online gambling firms plans to ban internet gambling The confused status of online gambling in Cyprus could be clarified soon, with the government completing a draft law seeking to ban the pastime. Following government approval, the bill will now go forward for European Commission and domestic parliamentary debate. The irony of a nation that is the registered home of hundreds of online gambling companies banning internet casino gambling has not been lost on many industry observers; nor has the millions of dollars that the pastime attracts to the Mediterranean island. Announcing the completion of drafting on the bill, which bans internet casino games like roulette, poker, and fruit machines, the Minister of Finance, Charilaos Stavrakis, told the Cyprus Mail: “These [online] casinos have been created on every corner of Cyprus and anyone, young or old can basically gamble in the same way it is done in casinos abroad.” I...
Read more

Change of ownership for Golden Casino

Image
US pull-out follows sale to an undisclosed buyer Communications to marketing affiliates of  Golden Casino .com have thrown further light on yesterday's reports that the operation is to refuse new US members effective December 1st . The communication advises that the change in business model has been motivated by a change of ownership - the buyer is not disclosed - and notifies affiliates that "...in light of recent events one of our clients, Golden Casino, is in the process of being sold, and under the new ownership, Golden Casino will no longer be accepting new players as of December 1, 2009. "Please note, however, this decision does not affect existing Golden Casino players and you’ll continue to be paid on their losses as long as the casino remains in operation. "This client’s decision does not affect the other 3 brands we represent ( Online Vegas ,  GOCasino  and Crazy  Slots ). The operators of these properties have reaffirmed their committment to cont...
Read more