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Curacao Gaming License

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Curacao gaming license – general overview

Curacao, part of the Kingdom of the Netherlands, follows a civil law system strongly influenced by Dutch norms and regulations. It has a long-standing reputation as a licensing jurisdiction for the gambling industry. The Curacao gaming license has been a popular option for startups due to its affordability and straightforward regulatory process.

Prospective licensee should, however, keep abreast of planned reviews by the Curacao government to standardize regulations with global best practices and nip any trace of illegal gambling activities in the bud in the jurisdiction. This includes establishing an independent regulator, the Curacao Gaming Authority, and reforming Curacao's current online casino license system. These modifications could take effect during the next few years.

Curacao gambling license – history, current state, and anticipated changes

Curacao gambling license – how was it historically?

Prior to the commencement of the regulatory changes, the licensing framework In Curacao was designed as follows.

Curacao gambling license comeы in two forms: the master license and the sub-license. Holders of the master license claimed to have the authority to both offer a broad range of gambling services and bestow sub-licenses to other private companies. The license issuance is governed by the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, P.B. 1993, no. 63) (NOOGH). The sub-license granted from a master license holder permitted its holder to offer a wide range of gambling options, including sports betting, slots, and table games. Under the general rule, a sub-license is valid for the duration of the associated master license.

Historically, there were four master license holders who, since 1996, have decided to grant licenses to other companies as sub-licenses:

All Curacao sublicenses were equal, the business implications were consistent regardless of master license holder you choose. At the same time, each of these master licensing entities maintained distinct policies, specific regulations, Anti-Money Laundering (AML) norms, and Know Your Customer (KYC) procedures during application assessments.

One master license holder might necessitate additional paperwork and a virtual interview, while another could grant approval with just the conventional set of documents.

In addition, the price of license obtaining can vary significantly between different master licensors.

Curacao gaming license cost

Acquiring a gambling license in Curacao was often seen as a cost-effective option when compared to some other jurisdictions. However, it is not so attractive after the recent changes.

Сuracao gaming license cost in case of GCB gaming license bears an annual fee of ANG 120,000 (approximately EUR 61,700). This annual license fee may be paid in installments, with an initial payment of ANG 36,000 (approximately EUR 18,500) upon granting of the license and monthly payments of ANG 7,000 (approximately EUR 3,600) starting from the first month. The license fee is payable directly to the GCB.

When LOK will be enacted the license fees for Curacao gambling license is expected to be decreased to around EUR 50K.

However, you need also to consider costs for assistance with license obtaining and company incorporation and its further maintenance.

If you want to receive a fee quote tailored to your particular case, please contact us and we will schedule a call to discuss your needs and prepare a detailed offer!

The current state of Curacao casino license

It should be stressed that Curacao's casino license regulation is in the process of changing now.

The Curaçao government is actively working towards a comprehensive overhaul and update of its (online) gambling regulations, with a forthcoming law titled the National Gambling Ordinance (LOK). The Curaçao Minister of Finance has decided to keep issuing licenses under the current National Ordinance on Offshore Games of Hazard while the new legislation is pending. This creates a transitional period to smooth the shift between the old and new systems. Nobody knows how long this provisional period will last.

However, one significant change in comparison to the previous framework is that the Curacao casino license under the existing framework can be issued directly by the Curacao Gambling Control Board (GCB) and not by four master licenses as it was before. Starting November 15, 2023, operators can apply for an online gaming license directly through the GCB. This opens up a new avenue for accessing Curacao's gaming license registration process.

As of November 15, 2023, the GCB is accepting and processing online gaming license applications from operators that wish to acquire an online gaming license directly from GCB. It means operators can now access the Curacao casino license through the GCB. It was a short interruption in accepting applications for licenses by GSB after 30 April 2024, before which applications with a “grandfathering” option were accepted. Grandfathering means that once the new licensing regime under LOK comes into effect, operators who applied for licenses directly from GCB before 30 April 2024 will be automatically transitioned to the new license.

The Gaming Portal renewed its work on 15th July 2024 and now is fully functional for new submissions.

The existing sublicenses of operators operating under master licenses were announced to expire at the end of their master license, which was 18 August 2024 or 01 October 2024 or another date depending on the master license holder.

Thus, current operators who did not apply for the grandfathering option need to complete the registration process with the GCB to keep their businesses licensed.

Contact Inteliumlaw in order to receive the most up-to-date information on this matter and check available options.

Future of Curacao gaming license register

The important element of the regulatory changes is the National Gambling Ordinance, known as LOK. This has been presented to the country's Advisory Council and is now progressing to Parliament for review and readings. The aim of the LOK Gaming License is to change the previous structure of master licenses and sub-licenses.

The government will primarily focus on internet gaming, even if the LOK oversees restrictions for all forms of gambling in Curacao. The LOK mandates the creation of the independent Curacao Gaming Authority (CGA) in order to provide a stable and uniform regulatory framework for access to Curacao gaming license register. Beyond simple deterrence, the CGA's responsibilities include addressing and minimizing unlawful or unwanted gambling-related activity.

Advantages of Curacao online gambling license

Please be aware that the perks listed below are dependent on the current licensing requirements.

Shortfalls of Curacao igaming license

The Curacao gaming license is typically a bookmaker’s favorite because of its smooth license approval steps. However, there are a few notable hiccups:

Establishing a New Gambling Business in Curacao: A Step-by-Step Guide

When you plan to move on with obtaining the license with GCB, the process in general, includes the following steps.

1. Initial pre-check of the project applying for the license

At this stage, our company will perform an initial pre-check of the information about future online gambling projects and their owners. We must ensure that the client has a good reputation, was not involved in illegal activity and possesses a transparent source of funds and wealth in order to run a gambling business.

Timeline: up to 1 week.

2. Incorporation of a company in Curacao

For those eyeing a Curacao igaming license, the further step is to establish a legal entity within this jurisdiction. The optimal type of legal entity for such a license hinges on several criteria, including operational scale, governance framework, protection against liability, tax implications, and regulatory mandates.

Some important requirements about Curacao company that need to be considered:

Timeline: up to 2 weeks.

3. License obtaining

Once you have registered Curacao company, a license application can be submitted. The process can take up to 3 months, assuming you've presented a comprehensive application with all necessary documents. The applicants should strictly follow responsible gaming rules.

Please note the law might change from time to time and be complicated for understanding. Thus, engagement of professional team is highly recommended for the support with license obtaining. Contact us for the assistance with the process.

Timeline: up to 6 weeks

4. A Cypriot subsidiary formation

Cyprus company might be added to the Curacao licensed structure initially or at the future stages.

This solution will help you to diversify risks between parent and subsidiary by shifting transactional risks to Cypriot company. Also, several payment processing providers might ask you to have an EU connection and will not onboard an offshore parent company, relationships with which could fall over their risk appetite. Thus, having Cypriot subsidiary will open you access to wider range of payment institutions and methods.

The agent will serve as a “wallet company” for the Curacao parent facilitating payment processing on its behalf. It is recommended to establish this company in a European country (ideally Cyprus – as the most common option). The agents usually have low tax burden subject to proper structure arrangement. Contact Inteliumlaw to have more information and to receive assistance with establishment of the structure.

Timeline: up to 3 weeks (the process can be started after incorporation of the Curacao company).

5. Accounts in electronic money institutions

Upon obtaining of the license in Curacao and establishment of the Cyprus payment agent, you can apply for opening accounts with banks or electronic money institutions.

Timeline: up to 3 weeks for each account.

What reasons can lead to the rejection of the license application of a Curacao gaming license?

Several factors can affect the results of an application for a remote gaming license Curacao and lead to its rejection. These include:

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FAQ

Is it possible to operate an online gambling business at all?

Operating an online gambling business without a proper gambling license is illegal in most jurisdictions. Doing so can lead to severe legal consequences, including criminal charges, fines, and the seizure of assets. Additionally, operating without a license undermines the credibility and trustworthiness of the business, making it difficult to establish partnerships with software providers, payment processors, and advertisers.

Players are also unlikely to trust an unlicensed platform, leading to low patronage.

Moreover, unlicensed operations can face difficulties in banking and financial transactions. Many banks and financial institutions do not process transactions for unlicensed gambling activities due to regulatory and compliance risks.

It's important to obtain the necessary licenses from the relevant authorities before starting an online gambling business. Licensing not only ensures legal compliance but also establishes the legitimacy of the business, promoting trust among players and stakeholders.

What is a Curacao gaming license?

A Curacao online gambling license is a permit issued by the Government of Curacao that allows businesses to legally operate online gambling platforms. It's one of the most popular licenses due to its cost-effectiveness and relatively straightforward application process.

Why is Curacao a popular jurisdiction for online gambling licenses?

Curacao is popular due to its favorable tax laws, political stability, and established reputation in the online gaming industry. The licensing process is also faster and less rigorous compared to other jurisdictions.

Is it possible to receive Curacao gambling license without a local Curacao company?

No, it is not possible to receive a Curacao online gambling license without having a local Curacao company. One of the fundamental requirements for obtaining a Curacao gambling license is the incorporation of a company within Curacao. This means that applicants must establish a legal entity in Curacao as part of the licensing process.

The requirement to have a local company is in place to ensure that the licensed operations are subject to Curacao's legal and regulatory framework. This local presence also facilitates regulatory oversight, tax compliance, and adherence to anti-money laundering (AML) and other relevant laws. Therefore, any entity seeking to obtain an online gambling license from Curacao must first meet the requirement of incorporating a company in Curacao.

What types of online gambling activities are covered by the Curacao license?

The online casino license Curacao offers a wide range of online gambling activities including online casinos, sports betting, lottery, bingo, and eSports.

How exactly does the Curacao gambling license function?

Curacao online gambling license functions as an offshore license – with it, you will be able to operate worldwide, except for the markets restricted by the Curacao license itself and markets which are regulated on the local level.

Is the licensing process time-consuming?

To some extent – yes. It is realistic to complete the whole process within 2 months, however, the process might be delayed due to different factors (such as lack of human resources with GCB, quality of the project and application, number of shareholders, etc.). Of course, you should not believe service providers who promise to have the license ready within just a few weeks.

Is it possible to secure a license without having a bank account?

You can receive a Curacao gambling license without having a bank account; however, you will need this for your further operations as a gambling operator.

Are there any restrictions on where a Curacao licensed operator can offer their services?

While a Curacao license allows for global operation, license holders are not permitted to offer services to countries that (i) directly prohibited by Curacao license conditions (such as USA, Netherlands, France, United Kingdom, Australia, Spain, Dutch West Indies, Aruba, Bonaire, Saba, Statia, Dutch St Martin and Curacao) or (ii) have strict regulations against online gambling or have their own licensing regimes. Please contact us to receive more detailes and updated information on this matter.

What amount of initial share capital is required for a company to be eligible for a gambling license in Curacao?

There is no stipulated minimum capital requirement in Curacao for companies applying for a gambling license. Nonetheless, possessing adequate financial resources to effectively manage the proposed gambling activities is crucial for fulfilling the licensing conditions

What is the typical duration of a gambling license in Curacao?

In general, Curacao online gambling license has a duration of 1 year. Upon expiration of this term, the license is subject to annual renewal.

Can individuals who are not residents of Curacao own gambling companies in the region?

Yes, anyone can own a Curacao gambling company, except for sanctioned individuals or individual with questionable personal background/origin

What tax obligations does a Curacao company with a gambling license have?

Some time ago, Curacao has shifted from the territorial system of taxation where only local income is taxed. Under this system, a part of Curacao company's profit to be taxed at 22% tax rate shall be calculated based on the ratio between local direct cost and foreign cost. Considering that most probably Curacao online gambling operators will have a little of local cost (like annual license fees) and only foreign income – the effective tax rate will be as low as possible.

What is the cost of obtaining and maintaining a Curacao gambling license?

You will need at least EUR 61,000 to pay an official license fees to Curacao Government. Please consider add costs for assistance with license obtaining and company setup. 

 

Please contact us in order to receive a detailed offer.

What is the annual license fee for a gambling company in Curacao?

GCB online gaming license annual fee is of ANG 120,000 (approximately EUR 61,700). After LOK it is expected to have a price of up to EUR 50,000 annually. Of course, asides the Curacao gaming license cost, you need to consider other expenses.

Can online gambling operator with a Curacao gaming license receive bets in crypto?

Yes, an online gambling operator with a Curacao online gambling license can receive bets in cryptocurrency. Curacao is known for its progressive stance on digital currencies, and its licensing framework allows for the use of cryptocurrencies such as Bitcoin in online gambling operations. However, operators are expected to adhere to all applicable laws, including anti-money laundering (AML) and know your customer (KYC) regulations.

Why does licensed Curacao online gambling business need Cyprus payment agent company in the structure?

The use of a Cyprus payment agent company in the structure of a licensed Curacao online gambling business is not a mandatory requirement. However, many online gambling operators choose to include such entities in their business structure for several strategic reasons such as access to the payment processing infrastructure, establishing normal relationships with banks and tax optimization.

Can a Curacao-licensed gambling site be considered safe and fair?

While Curacao-licensed sites are required to meet certain standards, the level of regulatory oversight is generally considered less stringent than in some other jurisdictions. Players should conduct due diligence and read reviews before engaging with any online gambling site.

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