Compliance Updates
Critial Milestones Curacao License
The National Ordinance for Games of Chance (LOK) has been officially submitted to Parliament and the Minister of Finance has initiated a sequence of procedures to facilitate a seamless transition from the existing framework to the new system upon the law’s enactment.
Licenses under the new framework (issued by NOOGH and the LOK)
All licenses and license holders will be granted under the same rights and conditions. There is flexibility as to the corporate and license structure entities can set up with regard to their individual operations.
- Any account can have one or more licenses.
- Any UBO(s) can have one or more accounts.
- Any license can have unlimited domains.
Prospective renewal of Current Gaming Licenses (Master Licensees)
From this point forward, there will be no new extensions or renewals of Master Licenses. Master Licensors will only be able to continue to operate and permit sublicensees to do so until current renewals expire, or LOK come into force, whichever happens first. On the passing of LOK or when there are no less 12 weeks of the current renewal remaining, again which ever happens first, the Master Licensor must promptly notify the GCB which sublicences remain contracted to it. After this time Master Licensors should they wish to continue operations in their own right will need to wait until LOK is implemented and apply for a license then.
1st January
- All license holders under the NOOGH will be allowed to use a new Digital Seal on domains of their websites. This Digital Seal will be issued by the GCB.
- In addition, the GCB has the discretion to permit operators in contractual arrangements with license holders (the sublicensees) with license applicants in progress, that have satisfied the due diligence required by the GCB to offer the same Digital Seal.
A Digital Seal Policy will shortly be issued by the GCB and will require operators to include the “token” associated with each domain registered on the GCB portal to be inserted into the websites’ DNS.
License holders will be responsible for actively monitoring their sub-licenses to ensure they do not employ a variant of the official Digital Seal without enforcement. The GCB will take enforcement measures against license holders found to be in violation of this policy.
31st March 2024
Registration of sublicense on the GCB portal and the subsequent application for direct licenses of those sublicense operators will no longer be possible after the 31st March 2024.
The following are the scenarios based on sublicense registration and NOOGH license applications from this date.
Sublicense and domains | Sublicense and domains not | |
registered on GCB portal | registered on GCB portal | |
Application in progress on the | Operations continue | N/A |
GCB portal or license issued by | uninterrupted under | |
the GCB under NOOGH | sublicense agreement until | |
direct license is issued. | ||
Direct license if held at the | ||
time of the LOK coming into | ||
force will be grandfathered | ||
into the new framework as a | ||
provisional license without any | ||
interruption of business | ||
operations. | ||
Applications in progress will | ||
continue under the LOK | ||
framework and sublicense | ||
operations can continue | ||
uninterrupted. | ||
No application in progress on | Continue operations under | Immediately cease operations |
the GCB portal and/or license | current agreement with | under any sublicense |
issued by the GCB under | Master License holder until | contractual agreement from |
NOOGH | expiry ceases or LOK comes | this date. |
into force, whichever is first. | ||
Any application to be made | ||
Any subsequent application to | will be a new application and | |
be made will be treated as a | not “grandfathered” at | |
new application and not | changeover from NOOGH to | |
“grandfathered” at changeover | LOK giving rise to a rsk of | |
from NOOGH to LOK giving rise | temporary interruption to | |
to a risk of temporary | operations in-between | |
interruption to operations in- | licenses. | |
between licenses. |
- Any license application from a brand new entity/applicant (i.e. not under any existing license or sublicense) under NOOGH will be processed under NOOGH, and if not yet completed at the point the LOK comes into force will have the same status as sublicensees.
- Current “sublicense” holders who receive a new direct license under the NOOGH will have their business operations transferred immediately to the GCB regulatory system and be subject to the license conditions. Any existing contractual arrangement with the master license holder is the responsibility of the two parties to that agreement without interference by the GCB.
Definitions
GCB – Curacao’s Gaming Control Board
GCB Portal – https://portal.gamingcontrolcuracao.org/
LOK – Incoming legislation: National Ordinance for Games of Chance
NOOGH – Current legislation: National Ordinance on Offshore Games of Hazard
Compliance Updates
Department of Trust set to meet challenges of new affordability checks
Department of Trust (dotrust.co.uk), the award-winning provider of financial risk assessments for safer gambling is poised to meet the challenges of the newly announced regulations on frictionless financial checks by the UK Gambling Commission and Betting and Gaming Council.
Under the new rules published by the Gambling Commission, operators have until August 30th to implement frictionless checks on all customers making £500 net deposits in any rolling 30-day period. These frictionless checks form part of a new regime designed to protect players at risk of financial harm and replace the current ad hoc approach to affordability checks.
Department of Trust also welcomes the interim voluntary code published today by the Betting and Gaming Council (BGC), the standards body representing over 90% of UK-regulated market operators. This code focuses on how responsible operators should support customers spending above the lower threshold set out by the Gambling Commission.
The supplier’s DoTrust Complete solution offers an integrated suite of frictionless and enhanced financial risk checks with a high level of automation capability -the only such tool built solely for safer gambling – and is perfectly positioned to help businesses navigate the newly regulated waters.
Charles Cohen, CEO of Department of Trust, said: “These important announcements flag the end of gambling’s ‘sus law’ where players faced seemingly arbitrary requests for personal information, operators were placed under a significant burden, and no one won
“We now know that in 120 days, every operator will need to perform frictionless checks on all players with net deposits in a 30-day rolling period of £500. A few months later this will fall to a much lower level.
“If operators want to protect their business, keep their customers and reduce costs, smart automation is the only answer.
“Department of Trust has spent over two years building the leading plug-and-play solution specifically for the gambling industry. Complete already automates over 90% of the processes required in both the new LCCP and BGC code. Now we know what the requirement will be, we are today committing to the goal of 100%. We want every operator and player to have instant assessments and sensible decisions cost-effectively. No one needs to lose sleep over this.”.
Asia
Uzbekistan Legalises Online Betting and Lotteries
President of Uzbekistan Shavkat Mirziyoyev has signed a decree on April 19 titled “On Measures to Improve the Regulation of the Organization and Conduct of Lotteries and Risk-Based Games in the Republic of Uzbekistan”. The document abolishes the ban starting from January 1, 2025, and introduces a legal framework for the organisation of risk-based games online and betting activities.
The issue of legalising betting activities has been a long-standing topic in Uzbekistan. In December 2019, the president signed a decree to legalise bookmakers, but this decision was revised in April 2022. In April 2023, the head of state instructed the development of a regulatory framework for betting activities.
The National Agency for Advanced Projects (NAAP), the authorised state body for regulating and licensing activities in this sector, provided insights on the necessity of introducing state regulation in the gambling sector in Uzbekistan. The agency emphasised the need to prevent illegal gambling businesses, protect players’ rights and generate additional income for the state budget.
The president’s decree aims to introduce advanced foreign experience and modern technologies in regulating the organisation of risk-based games and lotteries to increase investment attractiveness, tourist potential and attract additional funds to the country.
The measures outlined in the decree include the creation of legal foundations for the legalisation of activities related to risk-based games online, betting activities, and lotteries, implementation of mechanisms to protect citizens’ rights and interests, prevention of gambling addiction and the generation of additional state budget revenue.
Starting from January 1, 2025, a taxation system will be introduced for license holders, where organisers of online games, betting activities and lotteries will pay a turnover tax. This system aims to prevent the concealment of taxable revenue and is expected to generate additional tax revenues for the state budget.
Overall, the implementation of the decree is intended to establish a reliable foundation for the legal regulation of activities related to organising risk-based games online, betting activities and lotteries in Uzbekistan, protect citizens’ interests, combat gambling addiction and provide additional sources of income for the state budget.
Compliance Updates
IAGR & IMGL Open Ticket Sales for 2024 Conference in Rome
The International Association of Gaming Regulators (IAGR) has opened registrations for its annual conference, taking place in Rome, Italy, from October 21 to 24.
With the theme Navigating the Future of Gaming Regulation in a Transforming World, this year’s event is a partnership with the International Masters of Gaming Law (IMGL).
“IAGR and IMGL’s Rome conference is a four-day event that brings together regulators, industry thought leaders and experts to share ideas and shape the future of gaming regulation across the world,” the President for the IAGR, Ben Haden, said.
The conference follows last year’s event in Gaborone, Botswana, which brought together the largest number of attendees in IAGR’s history.
“This year, participants can look forward to diving into themes that are at the forefront of the gaming regulation landscape including advancements in technology, the evolving regulatory challenges and strategies for future-proofing the global gaming industry,” Haden said. “In an era where technology is rewriting the rules of our industry, the question isn’t whether to adapt, but how swiftly we can. IAGR 2024 is about coming together as a global community to not only keep pace with change but to drive it.”
Confirmed speakers will be announced from May.
Conference highlights:
- Expert-led sessions and panel discussions on the latest in gaming regulation
- Joint conference sessions and events with IMGL, providing further networking and knowledge-sharing opportunities
- Networking events set in the heart of Rome including an opening reception and gala dinner featuring the International Regulatory Awards ceremony
Early-bird pricing is available until July 31 with super-early bird prices available until May 31. Head to the IAGR website for more details and ticket sales.
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