Today, it will become clear in the States whether international organized crime has control over not only the Pisas government but also the Curaçao parliament. Indeed, Finance Minister Drs. Javier Silvania (MFK) is not legally authorized to grant online casino licenses on behalf of the Governor, forgive their profit taxes, create the new National Ordinance on Online Gambling (LOK), or bypass the Governor’s government screening of casino and sports betting operators by the Security Service (VDC).
This is evident from, among other things:
The refusal by Governor Lucille George-Wout and Minister of General Affairs Gilmar Pisas to take a lawful decision on a LOB-ECHR request from January 25, 2024 (LOB/ECHR request here and the unlawful and unauthorized Silvania decision here).
The refusal by the authorized representative of the Government of Curaçao, the Minister of Justice, the Minister of Finance, and the Gaming Control Board (GCB) on April 16, 2024, to provide information to the Court, as well as the failure to submit relevant laws and regulations, a series of stacked mandates, and other National Decrees, which should have demonstrated that Silvania, on behalf of the Governor, would be authorized to take a LOB/ECHR decision (here).
The refusal by the Governor and the Minister of General Affairs during a hearing on December 4, 2024, at the Court to justify the legal grounds on which Silvania would be legally authorized to make decisions on behalf of the Governor, as the key LBH laws, regulations, and mandates have either not been published, are incorrect, or misleading, and thus lack legal force (here).
The issue involves the following (deficient) laws and regulations regarding the National Ordinance on Offshore Gambling:
The National Ordinance on Offshore Gambling (P.B. 1993, no. 63) and its government publications on (among others) https://repository.officiele-overheidspublicaties.nl/cvdr/1855/1/html/1855_1.html and http://decentrale.regelgeving.overheid.nl/cvdr/xhtmloutput/historie and https://lokaleregelgeving.overheid.nl/143860
The Official Gazette (P.B. 1993, no. 63) of the National Ordinance on Offshore Gambling and its government publications (including) from November 28, 2024, on https://www.facebook.com/javier.silvania/posts/pfbid0RSurWiYLCn9J1NmSEM81SGJh2RCAM9CdUXXXxv3qHjrMyc7BGYtkxfLTe2fB8J6hl
A (alleged) decision to amend the criminalization of Article 5 in the (Dutch government) publications by the Dutch government of the National Ordinance on Offshore Gambling (P.B. 1993, no. 63) on https://repository.officiele-overheidspublicaties.nl/cvdr/1855/1/html/1855_1.html and http://decentrale.regelgeving.overheid.nl/cvdr/xhtmloutput/historie and https://lokaleregelgeving.overheid.nl/143860 to deviate from its Official Gazette on https://gamingcontrol.spin-cdn.com/media/online_gaming/20240808_1993_pb_1993_no_63_landsverordening_buitengaatse_hazardspelen.pdf
The Council of Ministers decision of July 18, 1996, regarding government security screening of individuals involved in the respective N.V.’s on behalf of the Governor by the Security Service of the Netherlands Antilles (see also National Decree 4813’95-JAZ and rulings ECLI:NL:HR:2002:AE3350 and ECLI:NL:PHR:2006:AU8328);
An (alleged) mandate decision after 1998 under which the execution of supervision, enforcement, and policy responsibilities of Articles 2, 3, Section 2, and 5 LBH would fall under the Minister of Justice on behalf of the Governor;
An (alleged) mandate decision before January 30, 2007, under which the Minister of Justice would have the authority to grant and revoke licenses under Articles 1, Section 1, and 4 LBH on behalf of the Governor;
The National Decree of July 9, 2008, no. 12 (2008-2911 RNA) under which the Minister of Justice is authorized to create a committee responsible for carrying out supervision, enforcement, and policy responsibilities of Articles 2 and 3, Section 2 LBH on behalf of the Governor;
The WJZ advice of January 28, 2018 (WJZ 2018/0539) of the National Decree of July 16, 2019, no. 19/1376 regarding mandate decision 2018/024135 from Justice to Finance
A (alleged) decision before January 28, 2018, under which the Council of Ministers decision of July 18, 1996, regarding the security screening of individuals involved in the respective N.V.’s by the Security Service of Curaçao is no longer carried out by the Governor;
The National Decree of July 16, 2019, no. 19/1376 (2018/024135) under which the Minister of Finance would be ministerially responsible for carrying out the licensing (and revocation), supervision, enforcement, and policy responsibilities concerning Articles 1, Section 1, 2, 3, Section 2, and 4 LBH on behalf of the Governor and the Prime Minister, including the annex from Article 1, Section 3, and the WJZ advice of January 28, 2018 (WJZ 2018/0539) under the ninth (9th) bullet point;
The National Decree of December 23, 2019, no. 19/2434 (2019-39110) under which the Minister of Finance would be ministerially responsible for the execution of licensing (and revocation), supervision, enforcement, and policy responsibilities of Articles 1, Section 1, 2, 3, Section 2, and 4 LBH on behalf of the Governor. Including a) the advice from Legislation and Legal Affairs of January 28, 2018 (WJZ 2018/0539) in the consideration under the seventh (7th) bullet point and b) the three-page annex about the establishment of the Online Gaming Commission (OGC), which explains what and why zero measurements, economic impact analyses, policy formulation, and drafting draft legislation belong to the work and responsibility of the OGC (here);
An (alleged) mandate decision after the National Decree of December 23, 2019, no. 19/2434 (2019-39110) under which the establishment and powers of the Online Gaming Commission (OGC) regarding zero measurements, economic impact analyses, policy formulation, and drafting draft legislation, which belong to the work and responsibility of this commission, would fall under the Minister of Finance;
The ministerial decree of March 24, 2020 (2020/004496), based on the National Decree of December 23, 2019, no. 19/2434 (2019-39110), for a sub-mandate from the Minister of Finance to the Gaming Control Board concerning the powers of Articles 1, 2, 3, Section 2, and 4 LBH on behalf of the Governor;
The WJZ advice of March 13, 2023 (unknown number), stating that both the GCB and the Minister of Finance are authorized to issue (and revoke) licenses under Articles 1 and 4 of the LBH;
The ministerial decision of November 23, 2023 (2023/043792), based on the National Decree of December 23, 2019, no. 19/2434 (2019-39110) for a sub-mandate from the Minister of Finance to the Gaming Control Board concerning the powers of Articles 1, 2, 3, Section 2, and 4 LBH on behalf of the Governor;
An (alleged) decision after 1996 under which license holders, based on agreements with the Country and the Executive Council prior to licensing, have between 12 and 13% profit tax (gambling tax) waived (literally: "The system mentioned in the debrief, the net-win, is a proven concept and is used in the United States to tax casinos. Net-win refers to the difference between game winnings and game losses before deductions for costs and expenses. The 2% rate is comparable to about 10% profit tax. This means that the company, despite the offshore or tax-holiday status, effectively pays between 12 and 13% profit tax in total.").
The sub-mandates of the ministerial decree of March 24, 2020, and the ministerial decision of November 23, 2023, have not been published in an official government gazette, making it impossible to verify the legal validity, continuity, and authenticity of the LBH legislation. As a result, these laws cannot be authenticated, and thus lack legal force. Additionally, these documents have not been found in the National Archives, CBRA (Central Bureau for Registration and Archiving), or in the Curaçao Courant, Official Gazettes, or National Gazettes from 1996 to the present.
In summary: The core issue is mandate National Decrees and gambling license National Decrees, along with defective Legislation and Legal Affairs (WJZ) advice, which have been issued by successive Governors in violation of the LBH law, and subsequently never published in an official gazette according to the Disclosure Ordinance under the leadership of Secretary-General Dr. Stella van Rijn by successive Ministers of General Affairs. This is an example of defective governance in which key elements (government security screening, tax revenues, supervision and law enforcement, and acting in accordance with principles of good governance in legislation) have been deliberately and expertly filtered out from the mandate stacking mentioned above.
The ultimate result?
The purpose of the draft National Ordinance on Gambling (LOK) was designed by international organized crime, represented by a dubious Dutch lawyer who had been appointed as the personal legal advisor to his predecessor, Kenneth Gijsbertha (MAN). This 'consigliere' now calls himself not only a lawyer, tax expert, and advisor but also a 'legislative jurist.' He continues to represent international organized crime (anonymous illegal online casino operators in shell companies, their trust management boards, and former license holders) and also advises the opposition party PAR, party leader Quincy Girigorie, and PAR politician Luigi Faneyte. He was also involved in drafting advice for the Director of Legislation and Legal Affairs (WJZ), the Social Economic Council (SER), and the Advisory Council (RvA) for the draft legislation.
The result: A schizophrenic online gambling law whose nature and purpose are almost entirely opposed to each other (here).
Explanation: As outlined in the Explanatory Memorandum, the purpose of the LOK is to regulate offshore online gambling to prevent and combat criminal activities, protect gambling participants, prevent and tackle gambling addiction, protect vulnerable persons, and safeguard the international reputation of Curaçao. However, the nature of the LOK is focused on avoiding anti-money laundering controls and government regulation by legalizing loopholes for money laundering structures, ultimately allowing those involved and money flows to remain hidden, creating a major risk of evasion of responsibility (passing on liability). It also creates an additional difficulty regarding the government's responsibility, as the span of control for the government becomes even wider than the current illegal master-sub-license structure, making effective government oversight practically impossible.
Moreover, the draft law excels in its almost complete lack of player protection, minimal tax revenues, and licensing rights for the Curaçao treasury. Last but not least, it poses unacceptable risks to the international reputation of both Curaçao and the Netherlands.
In short, following the National Ordinance on Offshore Gambling, the National Ordinance on Online Gambling also promotes an overly favorable establishment and supervision climate for international organized crime, trust offices, banks, and payment providers at the expense of players and the country.
Additionally, the draft LOK is in violation of the Statute, the Constitution, international guidelines for preventing money laundering and terrorist financing, the Kingdom laws, and interests, which are the responsibility and safeguard of the Kingdom. In other words, following the defective LBH, the LOK is even worse for democracy, the rule of law, press freedom, the treasury, and the reputation of Curaçao within the Kingdom and internationally.
Not so good at all. Of course, this is only the opinion of your Kingdom Interests blogger. We will all see it unfold during today's vote in the Parliament on the draft legislation proposed by the legally unauthorized minister Javier Silvania. He will attempt to push the draft LOK, designed and modified by international organized crime, through the Parliament.
Members of Parliament, citizens, and our loyal readers are thus warned.
If this impressive example of defective governance is confirmed as LOK during today's session and vote, the question remains whether Governor Lucille George-Wout will approve the National Ordinance or, in accordance with Article 21 of the Governor's Regulation, present it for annulment to the King.
Your Kingdom blogger can already tell you that she will soon be caught between multiple fires: the Dutch government, Curaçao politics, the Dutch and Curaçao financial sectors, and international organized crime.
Stay tuned for more.
Nardy Cramm is the editor-in-chief of Knipselkrant Curaçao, a blogger, and the author of the blog series "KKC blog | Machtsstrijd Curaçao ontbrandt" and "VDC blog | De lotgevallen van Veiligheidsdienst Curaçao (VDC)." The Kingdom Interests blogs are her latest series.
