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Brace Yourselves: Curacao’s New Gambling Law Is at the Door

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Curacao is approaching the finishing line of its online gambling reform with the new law being sent to the parliament earlier this week. Markus Bjork at Slotsoo has been in touch with both the Ministry of Finance and several Curacao operators to find out how they feel about this big change. Do European license providers have a reason to feel threatened by Curacao casinos 2.0?

LOK Now Just Waiting for Parliament Approval

On December 19, Curacao’s Ministry of Finance informed that the new law has been officially submitted to the parliament. The National Ordinance for Games of Chance, commonly referred to as LOK (Landsverordening op de kansspelen), is expected to come into effect in the first half of 2024.

Finance Minister Javier Silvania, the front figure of the reform, shares his excitement about this historical moment: “We are very happy to reach this final stage. The submission of the LOK to Parliament is not just a procedural step but a leap towards transformative progress.”

No More Master Licenses or Middle Men

The current setup of the Curacao casino licenses is very unique, with four master license holders being in charge of giving licenses to individual casino operators and ensuring their compliance to the regulations.

This has resulted in big quality differences and if you were to ask ten European Union players how they feel about Curacao casinos you would get very varied replies. Another critique with the current system is that most of the financial gain goes to the four master license holders while the island of Curacao is left with light pockets.

LOK will put an end to master licenses and middle men and require all licenses to be applied directly from Curacao’s Gaming Control Board. This means more uniformed quality and better control. The new law will also require gambling companies to have physical presence on the island, creating new job opportunities for the locals.

The Curaçao casinos we interviewed all welcome the new setup. Spinwise (Tsars Casino) sees some hurdles but says it will be worth it in the long run: “The prohibition of sub-licensing by master licensees introduces a new financial dynamic for individual companies, albeit with associated fees. While adaptation to the new framework may pose short-term challenges, the long-term benefits are expected to outweigh these initial obstacles.”

The Curacao License Will Remain Tax Free

Curacao has been a popular license choice for casino entrepreneurs ever since its conception. Alpha Affiliates’ Chief Legal Officer Alexandra Shepelevich lists the three main benefits of the Curacao license as:

  • No tax on winnings
  • No restrictions on player nationality
  • Strong regulatory framework

Curacao will not try to change this recipe with the new law. The gross profit tax will stay at 0% for all license holders no matter how big or small the revenue is. This is a stark contrast to most licenses in Europe.

A common concern among Curacao operators is that the new system will cause a high barrier for entry, which some see as a positive thing. The new fees for a Curacao casino will be approximately €50,000 a year (annual license fee of €24,600 plus twelve monthly fees of €2,050 and yearly domain fees of €250 each with these numbers based on current ANG/EUR exchange rates).

Another strategy to keep unserious casinos away is the introduction of a digital seal, which will be made available on January 1, 2024. The digital seal is issued by Curacao’s Gaming Control Board and will help players confirm that the website has an active license.

Keeping the Balance Is Crucial for Success

Finance Minister Javier Silvania shares that they had a very inclusive approach when drafting the new law. They consulted all the stakeholders to make sure LOK will consider different perspectives and not just serve one group. The country of Curacao, its citizens, the gambling industry and the players should all benefit from the reform.

Many license jurisdictions that go through a re-regulation fall into the trap of legislating too much, without the government listening to the industry or the players enough. This leads to fewer license holders and lower channelization rates as both the operators and the players search for more attractive solutions from other countries.

All the casinos that we spoke to agree that a good balance between regulations and operational freedom needs to remain. Mark Wellington, Rollino Casino’s Chief Compliance Officer, elaborates this point in his interview with Slotsoo: “One current challenge is maintaining a balance between fostering innovation and ensuring strict compliance with regulatory standards. Striking this balance is crucial to support a dynamic and competitive industry while safeguarding player interests.”

We wish Curacao good luck with its new start in 2024.

Compliance Updates

Department of Trust set to meet challenges of new affordability checks

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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.
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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.”.

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Uzbekistan Legalises Online Betting and Lotteries

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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.

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Compliance Updates

IAGR & IMGL Open Ticket Sales for 2024 Conference in Rome

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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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