The Curacao Gaming Control Board (GCB) is set to re-open its portal on July 15th, 2024, at 00:01 Curacao time. This move will allow applications to be submitted and processed under the existing National Ordinance on Offshore Games of Hazard (NOOGH) legislation. The re-opening is a significant event for B2C, B2B2C, and B2B operators seeking updated licenses. This article provides an overview of the re-opening, the implications for current and prospective license holders, and the ongoing regulatory developments in Curacao.
Background and Context
The GCB's application window was formerly closed on April 30th, 2024, following an extended deadline from March 31st to resolve application issues. During this period, operators were required to apply for updated licenses. The GCB has emphasized that applications submitted before the April 30th deadline will be given priority. New applications will only be processed once the current backlog is cleared.
Since September 2023, the GCB has been working on a new regulatory framework known as the National Ordinance for Games of Chance (LOK). This framework aims to replace the existing NOOGH legislation and is expected to be implemented later this year. Once the LOK is in place, the Curacao Gaming Authority (CGA) will take over regulatory responsibilities, including the issuance of licenses.
A critical aspect of this regulatory transition is that master licenses, set to expire in January 2025, will not be renewed. They will automatically expire on the day the new regulation comes into effect. This underscores the importance for operators to submit their applications in a timely manner under the current framework.
In March 2024, the GCB released a nine-page document outlining the application guidelines. Ahead of the new application window, only nominal modifications have been made, such as the removal of the requirement for an authorization letter for portal users. Here are the key steps in the application process:
- An account is opened on the portal by an Official Representative of the Curacao entity, who becomes the “Portal Administrator.” This individual has the authority to assign roles such as “Portal User” or “Licensee Account,” each with specific approvals. The Official Representative must be listed in the Curacao Chamber of Commerce excerpt of the company.
- The registration process for "Qualifying Persons" has been updated, requiring additional information for the issuance of a Personal Account Number (PAN).
- The portal features real-time checklists to clarify outstanding documentation or data required by the GCB. Operators are encouraged to regularly check the portal and upload necessary documents directly to expedite the process.
Master License Expiry and Temporary Certification
The GCB has reiterated that no master licenses will be renewed after their end dates. The first set of expirations is scheduled for August 2024, with the last in January 2025. If the LOK is enacted before these dates, the master licenses will automatically end on the enactment date.
For sublicensees with applications in progress but without a granted direct license at the time of their associated master license's expiration, the GCB will present a "Certificate of Operation." This temporary action is intended to enable the continuation of operations. However, this approval will not be supplied to current sublicensees whose master license expires without a fully finished application registered on the portal.
The User Manual on the GCB portal supplies clear instructions on how to manage domains, including adding, removing, and transferring them. Domains must be registered with proof of ownership from a registry and any relevant sale or transfer documentation. Once a field is added, it undergoes a manual validation process by the GCB, after which a Digital Seal may be added to the domain.
Domains associated with an application company but not under the governance of the master licenses listed on the application may still be added to that application. These domains will receive an Orange Digital Seal instead of the Green Digital Seal, which will only be issued once a direct license has been granted.
The re-opening of the GCB portal is a pivotal development in Curacao's gaming industry. This new application window under the current NOOGH legislation allows operators to update their licenses in preparation for the forthcoming LOK framework. With detailed guidelines and proactive measures like the Certificate of Operation and domain management protocols, the GCB aims to ensure a smooth transition for all stakeholders involved. This re-opening represents a significant opportunity for operators to align with Curacao's evolving regulatory landscape.
Source:
REOPENING OF THE GCB ONLINE PORTAL FOR APPLICATIONS (pdf), Curacao Gaming Control Board, July 11, 2024.
