WILLEMSTAD – The Curaçao Gaming Authority (CGA) has launched a consultation process on the establishment requirements contained in the new National Ordinance on Games of Chance (LOK). The consultation focuses on Article 5.12 of the legislation, which outlines how licensed gambling operators must establish a tangible presence on the island.
CGA consultant Aideen Shortt announced the consultation this week, stressing that stakeholders will have the opportunity to share their views before the rules are finalized. The new law is designed to ensure that gambling companies licensed in Curaçao are not just registered on paper but also contribute to the local economy.
Under the draft rules, companies obtaining new licenses will be required during the first four years to employ at least one Key Person in addition to the local managing director. This person must work full-time, be registered in Curaçao’s population registry, and be based on the island. From the fifth year onward, license holders will need to have three Key Persons in place. In addition, operators must own real estate in Curaçao that includes an office used exclusively for gambling-related activities. The office must be properly equipped and physically separated from other businesses.
The law does allow for some flexibility. A Key Person does not have to be a direct employee of the gambling company but may also be contracted through a third party, provided that safeguards are in place to prevent conflicts of interest. At the same time, not all license holders will immediately be obliged to establish themselves locally. The legislation makes exemptions for companies that are newly established, have no Ultimate Beneficial Owner (UBO) with a recent history in another gambling company, or generate less than 20 million guilders in gross gaming revenue both before and in the first three years after licensing. To ensure compliance, license holders claiming exemptions must file audited financial statements with the CGA every six months.
Alongside the consultation on establishment requirements, the CGA has also issued clarification on the role of Alternative Dispute Resolution (ADR) providers. All license holders will be required to cooperate with an ADR organization to handle unresolved player complaints. The rules state that players must always be informed which ADR body they can approach, and in cases where multiple ADRs are available, players should be able to choose. Only ADRs certified by the CGA will be authorized to operate, and they must employ at least one lawyer or former attorney while demonstrating a clear understanding of Curaçao’s gambling laws and systems. Independence is a key principle, with ADRs forbidden from having any other business relationship with operators. Their decisions will be binding, and to avoid conflicts of interest, ADRs cannot be paid per case, preventing any incentive to favor gambling companies in order to attract more work.
These measures mark a significant step in Curaçao’s efforts to reform its gambling sector. For years, the island’s licensing regime has been criticized for lax oversight, but the new framework is intended to strengthen regulation, ensure that gambling companies contribute to the local economy, and offer stronger protections for players.
Stakeholders now have several weeks to provide input during the consultation process, after which the final requirements will be implemented.
