Events

The approval of Curacao’s new online gambling law, known as the Landsverordening op de Kansspelen (LOK), marks a turning point for the island’s gaming industry.
Enacted with 13 votes in favor and six against in Parliament, the LOK aims to establish a more transparent and regulated framework for online gaming.

Finance Minister Javier Silvania championed the law, emphasizing its potential to generate at least ANG40 million ($22.2 million) annually in licensing fees. However, the legislation has faced significant criticism, particularly from whistleblower Luigi Faneyte, who has called it a potential “money laundering law” with far-reaching risks for Curacao and its position within the Kingdom of the Netherlands.

Minister Silvania presented the LOK as a necessary step to address the challenges of Curacao’s online gambling sector. According to him, the new law will eliminate the previous system’s vulnerabilities, including inadequate oversight and the potential exploitation of licensing by criminal organizations. Under the LOK, licenses will now require a minimum fee of ANG120,000 ($66,600), and applicants must meet stricter criteria to obtain permits. Silvania argued that these measures would ensure only reputable operators remain in the market.

With 200 licenses already issued and another 1,000 applications pending, the law’s anticipated revenue has been earmarked for social initiatives, such as increasing pensions and supporting sports programs.

While Silvania remains optimistic, Faneyte’s scathing critique underscores the complexities and potential pitfalls of the legislation. He argues that the law, in its current form, lacks the safeguards needed to prevent abuse. Faneyte has raised concerns over vague promises of jobs and revenue, emphasizing that no detailed plan exists to ensure the local population benefits from the new system. Additionally, he warned that the high costs associated with implementing the LOK could create a financial burden rather than the projected profits.

Curacao GCB
One of the most contentious issues is the transition of the Gaming Control Board (GCB) into the newly established Curacao Gaming Authority (CGA). Faneyte described this process as chaotic and expensive, pointing out that the GCB is already struggling to manage the growing number of licenses. With inadequate staffing and unclear regulations, the GCB’s inability to effectively oversee the industry has led to a surge in complaints from both players and operators. Players have reported financial losses and illegal practices, while operators criticize the lack of clear guidelines and responsiveness.

Curacao AGBrief egaming news Asia Gaming Brief Frank Schuengel
Faneyte’s criticism extends to the acceptance of cryptocurrency payments by the GCB, which he claims is occurring without a solid legal framework. Both the Central Bank of Curacao and Sint Maarten and the Dutch Central Bank have warned against such practices, citing the lack of oversight and the potential for misuse. Faneyte fears this could turn Curacao into a hub for organized crime, attracting bad actors seeking to exploit the gaps in regulation. He also warned that these issues could have broader implications for the Kingdom of the Netherlands, potentially damaging its reputation in the global financial system.

The financial risks are significant. Faneyte cautioned that Curacao could face blacklisting by the Financial Action Task Force (FATF) if the law’s implementation is deemed inadequate. Such a designation would make the island an undesirable partner for international financial institutions, with severe economic consequences. The FATF blacklist is reserved for jurisdictions with insufficient legislation and poor cooperation, and being included would further isolate Curacao economically and politically.

Despite these warnings, the LOK’s proponents argue that the law is a step forward in professionalizing Curacao’s gambling industry. Minister Silvania insists that the measures outlined in the LOK will bring much-needed structure and revenue to the sector, addressing longstanding criticisms of the island’s regulatory framework. Funds generated from the new licensing system are expected to support social programs and improve the quality of life for disadvantaged citizens.

Faneyte, however, remains unconvinced. He has vowed to continue advocating for those harmed by the LOK, including players and operators who may suffer under the new system. He predicts that the current implementation of the law will lead to chaos and financial instability, with the worst consequences yet to come. According to him, the LOK represents a missed opportunity to enact meaningful reform and safeguard the nation’s integrity.

The passage of the LOK has left Curacao at a crossroads. While the law’s supporters envision a more regulated and prosperous gaming sector, critics warn of potential disasters stemming from inadequate preparation and oversight.

Many operators who have been leaving the jurisdiction due to the lengthy period of uncertainty will now be looking at the Caribbean island again, but with other jurisdictions having filled the temporary gap left by Curacao, only time will tell if the island nation can indeed use the new regulations to lift itself up and above smaller jurisdictions to compete with Tier 1 licensing regimes such as Malta and the Isle of Man.

SIGMA, the biggest gaming fair, will be held in Malta next week between 11 and 14 November and some 27,000 delegates are expected to attend this event. The organisers have spoken with TVMnews about arrangements being made with the authorities to reduce the impact on traffic during the days of the SIGMA event which is an attraction for many.

Meet us at our booth (ST 66, 70) during the three days of SIGMA. You can also send us an email at [email protected] should you like to schedule a meeting with one of our consultants.

DD Consultus shall be attending the ICE expo between the 5th Feb – 7th Feb 2019, should you wish to set up a meeting with our gaming consultants.