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How to apply for a Curacao gaming license

23 September 2024

By Ron Mendelson
Curacao has long been one of the most popular jurisdictions for obtaining an online gaming license due to its affordable costs, tax advantages, and relatively straightforward regulatory requirements. Historically, the process was known for its efficiency and quick turnaround, making it a preferred option for new gaming operators and startups. However, recent regulatory changes in Curacao have brought new procedures and enhanced oversight as part of the government's commitment to improving the licensing regime.

Background: The New Curacao Regulatory Regime
Until recently, Curacao’s gaming licenses were issued by four private master license holders. Operators could obtain a sublicense under one of these master licenses, which simplified the process and led to regulatory shortcomings, such as limited oversight and an absence of direct government control.

To address these issues, Curacao restructured its regulatory framework as of 2024. Under the new system, the Curacao Gaming Authority (CGA) now acts as the sole regulator, directly overseeing the licensing process and enforcing stricter rules on compliance, anti-money laundering (AML), and responsible gaming. These changes are designed to enhance the jurisdiction's international credibility while maintaining the benefits that have made it attractive to gaming companies.

Step 1: Understand the License Types
Before starting the application process, it's essential to understand the types of licenses available under Curacao’s new regulatory regime. Under the updated system, Curacao now offers two main types of licenses:

1. B2C License (Business-to-Consumer): This license is for operators directly providing gaming services to players. It allows companies to offer online casinos, sports betting, lotteries, and other gambling activities.

2. B2B License (Business-to-Business): This license is for software providers, platform developers, and other businesses that supply gaming products and services to B2C operators.

Each license type comes with its own set of requirements, fees, and compliance obligations, so it’s essential to determine which license best fits your business model.

Step 2: Prepare the Necessary Documentation
To apply for a Curacao gaming license, operators must submit detailed documentation to the Curacao Gaming Authority. This documentation demonstrates the applicant's ability to operate a legitimate, compliant, and financially stable gaming business. The main documents required include:

- Business Plan: A comprehensive business plan outlining your company’s structure, goals, target market, and revenue projections. It should include details on the games and services you intend to offer and your marketing strategies and growth plans.
- Corporate Documents: Proof of your company’s registration in Curacao, including a certificate of incorporation, articles of association, and a shareholder registry. The company must be registered in Curacao to apply for the gaming license.
Identity Verification involves background information and identification documents for the company's directors, shareholders, and ultimate beneficial owners (UBOs). This typically includes passports, proof of address, and other KYC (Know Your Customer) documents.
- Financial Statements: Applicants must provide financial statements demonstrating their financial capacity to run a gaming operation. If the company is new, bank statements or other proof of financial resources may be required.
- AML and KYC Policies: Curacao’s new regulatory regime places a strong emphasis on anti-money laundering (AML) and Know Your Customer (KYC) compliance. You must submit detailed policies outlining how you plan to comply with these regulations, including procedures for verifying player identities, monitoring transactions, and reporting suspicious activities.
- Responsible Gaming Measures: As part of the new regulatory framework, Curacao mandates that operators implement responsible gaming practices. You will need to outline how your platform will prevent problem gambling, protect vulnerable players, and promote responsible gaming behavior. This could include features such as self-exclusion options, deposit limits, and access to support services for players with gambling problems.

Step 3: Incorporate Your Company in Curacao
To be eligible for a Curacao gaming license, your gaming company must be incorporated within Curacao. The incorporation process involves registering your business with the Curacao Chamber of Commerce. You will need to appoint at least one local director and submit the necessary corporate documents.

The incorporation process typically includes:

- Choosing a company name and submitting it for approval.
- Drafting the company’s articles of association.
- Submitting an application for incorporation along with relevant documents, including identification and background checks for company directors and shareholders.

Once the incorporation is complete, you will receive a certificate of incorporation, which will be one of the required documents for your gaming license application.

Step 4: Submit the License Application to the Curacao Gaming Authority
After preparing the required documents and incorporating your company, the next step is to submit your license application to the Curacao Gaming Authority. The application must include all the documentation outlined above and any additional information requested by the CGA.

The Curacao Gaming Authority will conduct thorough due diligence, which may involve background checks and verification to ensure that no parties have a criminal record or a history of involvement in illegal activities.

The CGA will also review the company's business plan, financial stability, and compliance policies to ensure the operator meets Curacao's regulatory standards. Depending on the complexity of the application and the completeness of the documentation provided, this step may take several weeks to complete.

Step 5: Pay the Application and License Fees
As part of the application process, operators are required to pay both an application fee and an annual licensing fee. The fees for Curacao gaming licenses have been revised under the new regulatory regime. While previously Curacao was known for its relatively low fees, the new system has introduced updated fee structures to reflect the enhanced regulatory framework.

The exact fees will depend on the type of license (B2C or B2B) and the size of the operation, but operators can generally expect the following:

- Application fee: This one-time fee covers the cost of processing the application and conducting the necessary due diligence.
- Annual license fee: This fee must be paid each year to maintain the gaming license.

It’s important to note that failure to pay the annual fee on time can result in penalties or license suspension.

Step 6: Compliance and Ongoing Reporting
Once your application is approved and the license is granted, your company can legally offer gaming services under Curacao's jurisdiction. However, obtaining the license is just the first step. Under the new regulatory regime, Curacao has implemented stricter compliance requirements, including regular reporting and audits. Failure to comply with Curacao's regulations can result in fines, license suspension, or revocation. Therefore, it’s essential for operators to stay current with their compliance obligations and maintain a proactive approach to regulatory changes.

Step 7: Renewal of the License
Curacao gaming licenses must be renewed annually. As part of the renewal process, operators will need to demonstrate ongoing compliance with the regulatory requirements, pay the renewal fee, and submit updated financial and operational reports. Timely renewal is crucial to avoid disruptions to your gaming operations. Failure to renew your license on time can lead to penalties or the temporary suspension of your services until the renewal is completed.

Conclusion
The process of obtaining a Curacao gaming license has evolved significantly since the introduction of the new regulatory regime. While the process may now involve more rigorous compliance requirements and higher fees, it also increases credibility and international recognition. By following this step-by-step guide, operators can navigate the application process smoothly and take advantage of Curacao's benefits as a reputable iGaming jurisdiction. To find out more about starting the process, or for general information, please contact Fast Offshore.
How to apply for a Curacao gaming license is republished from iGamingNews.com.
 

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Ron Mendelson
Ron Mendelson is the Director of Costa-Rica based business and financial consultancy firm, Fast Offshore. With over two decades of experience in corporate services, iGaming, international business, finance, licensing and legal matters, he advises a number of international clients on their business needs in the Americas, Europe, and beyond.

Ron Mendelson
Ron Mendelson is the Director of Costa-Rica based business and financial consultancy firm, Fast Offshore. With over two decades of experience in corporate services, iGaming, international business, finance, licensing and legal matters, he advises a number of international clients on their business needs in the Americas, Europe, and beyond.