In a groundbreaking development, Curacao’s Minister of Finance, Javier Silvania, has officially submitted the eagerly anticipated National Ordinance for Games of Chance, known as LOK, to the parliament. This move comes hot on the heels of unveiling a revamped pricing structure for the overhauled licensing framework, marking a pivotal moment in the island’s efforts to modernize its gambling regulations. This article explores the significance of these developments, the driving forces behind the changes, and the newfound clarity regarding the costs involved.
The Minister’s Statement
In a statement, Minister Silvania stated: ” We are very happy to reach this final stage. The submission the LOK to Parliament is not just a procedural step, but a leap towards transformative progress.” The Minister also pointed out that the newly proposed regulations result from consultations and collaboration with the online gambling industry and that he believes the new framework is well-rounded and workable.
Context and Pressure for Change
Curacao has faced increasing pressure to modernize its gambling regulations, aligning them with contemporary compliance standards and anti-money laundering requirements. The changes have been in the making for some time, prompting a period of uncertainty that led many Curacao-licensed eGaming firms to explore alternative jurisdictions like Anjouan, Kahnawake, or the Isle of Man. The submission of the LOK and the clarity on the pricing structure signal a crucial step toward restoring regulatory stability to the jurisdiction.
Curacao’s former iGaming licensing structure operated under a Master License and Sub-License model, allowing Master Licensors to oversee and grant sub-licenses to operators. This system provided flexibility but faced criticism for lacking centralized control, leading to concerns about compliance and regulatory standards. The introduction of the National Ordinance for Games of Chance (LOK) signals a departure from the Master/Sub-License structure. The government is taking a more direct role in licensing with the establishment of the Curacao Gaming Authority. Under the revamped framework, all licenses, whether for B2B or B2C operations, will be issued directly by the government. This move aims to enhance regulatory oversight, align with international standards, and bolster the island’s reputation as a responsible and compliant jurisdiction in the global iGaming industry.
Transition from NOOGH to LOK
Curacao is in the process of transitioning from its existing National Ordinance on Offshore Games of Hazard (NOOGH) legislation to the new National Ordinance for Games of Chance (LOK). Under the old NOOGH rules, operators were not required to specify whether they operated as B2B or B2C. However, the new rules now necessitate this information, introducing distinct requirements for each category.
New Licensing Costs
The confirmation of costs under the incoming framework allows businesses to plan ahead and make informed decisions. The fees under the current NOOGH legislation and the planned fees under the LOK rules are as follows:
NOOGH Legislation Fees:
- Application Fee: ANG 0 (Approx. EUR 0)
- Annual Fee: ANG 36,000 (Approx. EUR 18,500)
- GPT Tax/Revenue Share: 0%
- Monthly Fee: ANG 7,000 (Approx. EUR 3,600)
- Domains: Up to 40 included, with a fee of ANG 500 for any additional domain above 40
LOK Rules Fees (B2C):
- Application Fee: ANG 9,000 + Due Diligence fees (Approx. EUR 4,600 + Due Diligence fees)
- Annual Fee: ANG 48,000 (Approx. EUR 24,600)
- Monthly Fee: ANG 4,000 (Approx. EUR 2,050)
- GPT Tax/Revenue Share: 0%
- Domains: ANG 500 per annum per domain, unlimited (Approx. EUR 250 per annum per domain, unlimited)
LOK Rules Fees (B2B):
- Application Fee: ANG 9,000 + Due Diligence fees (Approx. EUR 4,600 + Due Diligence fees)
- Annual Fee: ANG 48,000 (Approx. EUR 24,600)
- Monthly Fee: 0
- GPT Tax/Revenue Share: 0%
- Domains: Not applicable
The guidance emphasizes that companies transitioning from NOOGH to LOK do not have to pay the ANG 48,000 annual fee on enactment. This amount becomes due for the first time on the anniversary of the license, with the monthly fee dropping from ANG 7,000 to ANG 4,000 at that point.
Remaining Uncertainty and Considerations
While the confirmation of costs brings much-needed clarity, some uncertainty lingers. The fees remain subject to parliamentary approval, introducing a cautious note as the industry awaits the final word. Additionally, the new fees are notably higher than the old ones, reflecting the enhanced compliance requirements under the new regime. The article emphasizes the importance of considering these additional costs as operators navigate the evolving landscape.
Conclusion
Curacao’s submission of the LOK to Parliament and the unveiling of the new pricing structure signify a crucial step toward regulatory stability and modernization. Now armed with clearer information on costs, the industry can strategically plan its future in the jurisdiction. As Curacao positions itself as a competitive player in the online gambling landscape, the industry will closely watch for further developments and the official approval of the proposed framework.