Local opposition politician Luigi Faneyte has raised concerns about the legality of gambling licenses in Curaçao, alleging that they have been issued without proper legal justification, leading to financial repercussions. On November 25, Faneyte lodged a formal complaint with the attorney general’s office.
Earlier in July 2022, a newly proposed regulatory framework known as the National Ordinance for Games of Chance (LOK) was announced, targeting a comprehensive overhaul of the gambling licensing procedure. However, by July of this year, Cedric Pietersz, the managing director of the Gaming Control Board (GCB), disclosed ongoing challenges due to an overwhelming number of license applications. From September 2023, every licensed operator is required to re-submit under the updated guidelines.
In a recent statement issued on November 29, the GCB has addressed Faneyte’s allegations, which include accusations against Curaçao’s finance minister Javier Silvania of manipulating the licensing process.
### GCB: Sole Authority on Licensing
Contrary to allegations, the GCB clarifies that it is the sole authority responsible for the entire licensing process, supported by a team of advisors. Since December 2019, the finance ministry has empowered the GCB to manage, revise, pause, revoke, or refuse licenses, along with imposing terms and conditions. They affirm that any suggestions of lacking legal authority are untrue.
The GCB has emphasized that its licensing protocol involves comprehensive screenings and due diligence, including sanctions checks, business plan reviews, and initial assessments of website proposals.
Furthermore, the GCB has denied any claims regarding money laundering via the licensing process, noting that all fees from operators are deposited directly into a government account, eliminating mismanagement risks. The organization assures that once payments are verified, licenses are issued accordingly.
### Initiatives for Dispute Resolution
Reacting to recent media attention following the bankruptcy ruling of Curaçao-licensed BC Game, which was issued by the Court of First Instance in November after complaints from the Foundation for the Representation of Victims of Online Gaming (SBGOK), the GCB stated that operators are accountable for resolving player complaints. Nonetheless, under the new LOK framework, the GCB plans to establish mandatory Alternative Dispute Resolution (ADR) mechanisms for impartial assessments. ADR aims to resolve disputes through mediation, arbitration, and negotiation outside the courtroom.
The GCB disclosed that input from player complaints and future ADR reports will be incorporated into its risk-based supervision strategies. The board did not delve into specifics regarding the BC Game case but clarified that its bankruptcy is procedural and not due to insolvency. A trustee is appointed to ensure appropriate settlement with players, and the GCB is actively collaborating with concerned entities to decide on suitable regulatory interventions.
Recently, various Curaçao-licensed operators have faced penalties in Europe for operating without local licenses. One such incident involves BG Game, which was fined €840,000 in the Netherlands in October for unauthorized operations.
The GCB stated that it cannot intervene in breaches of non-domestic regulations, relying instead on decisions by competent foreign regulators, with its enforcement actions depending on the gravity of violations identified.