The ongoing changes to the licensing framework in Curacao have been in the works for some time, and the continued uncertainty surrounding the new eGaming rules and costs have made many operators nervous, often to the advantage of rival jurisdictions like the Isle of Man or Malta.
Now, Curacao has finally confirmed the costs involved with the incoming framework, allowing businesses to plan ahead and make informed decisions on which jurisdiction to choose.
The Caribbean island is in the process of switching from its existing National Ordinance on Offshore Games of Hazard (NOOGH) legislation to the new National Ordinance for Games of Chance (LOK). Where under the old NOOGH rules, operators didn’t have to stipulate if they are B2B or B2C, the new rules do now ask for this information.
For example, a B2C license will be required for companies that interact directly with players and control player funds or manage player data, as well as companies that ‘meaningfully facilitate the B2C operations vis-à -vis player funds and player data (B2B2C)’, according to new guidance issued by the island’s minister of finance. A B2B will only be mandatory under the new rules where a company establishes itself in Curacao.
The fees under the current NOOGH legislation are as follows:
| ANG | (Approx. EUR equivalent) | |
| Application Fee | 0 | 0 |
| Annual fee (payable on license issuance) | 36,000 | 18,500 |
| GPT tax / revenue share | 0% | 0% |
| Monthly fee | 7,000 | 3,600 |
| Domains | Up to 40 included in the license, with a fee of 500 ANG for any additional domain above 40 (without upper limit) | Up to 40 included in the license, with a fee of EUR 250 for any additional domain above 40 (without upper limit) |
- TOTAL annual license fee: ANG 120,000 + ANG 500 per domain per license above 40
- Approx. EUR equivalent: EUR 61,700 + 250 per domain per license above 40
Fees for a B2C business under the new LOK rules are planned to be as follows and remain subject to government approval:
| ANG | *EUR equivalent | |
| Application Fee | 9,000 + one-off Due Diligence fees between 250 and 500 ANG per person (depending on role) | 4,600 + one-off Due Diligence fees between 125 and 250 EUR per person (depending on role) |
| Annual fee (payable on license issuance) | 48,000 | 24,600 |
| Monthly fee | 4,000 | 2,050 |
| GPT tax / revenue share | 0% | 0% |
| Domains | 500 ANG per annum per domain – unlimited number | 250 EUR per annum per domain – unlimited number |
- TOTAL annual license fee in ANG: ANG 96,000 + ANG 500 per domain
- TOTAL annual license fee in EUR: EUR 49,200 + EUR 250 per domain
The guidance issued by the government points out that companies grandfathered in from direct license under the old NOOGH to the new LOK rules do not have to pay the ANG 48,000 on enactment. This amount instead becomes due for the first time on the anniversary of the company’s license, and the monthly fee will drop from ANG 7,000 to ANG 4,000 and the per-domain fee will also come into force at that point for every domain.
Costs for a B2B license under the new rules are now given as follows:
| ANG | *EUR equivalent | |
| Application Fee | 9,000 + one-off Due Diligence fees between 250 and 500 ANG per person (depending on role) | 4,600 + one-off Due Diligence fees between 125 and 250 EUR per person (depending on role) |
| Annual fee (payable on license issuance) | 48,000 | 24,600 |
| GPT tax / revenue share | 0% | 0% |
| Monthly fee | 0 | 0 |
| Domains | Not applicable | Not applicable |
While receiving some more clarity form the Curacao government is undoubtedly a good thing, the fact fees appear to remain subject to parliamentary approval leaves a remaining trace of uncertainty in the air. The new fees are also significantly higher than the old ones, which should not come as a surprise. What also isn’t fully known are the additional costs that come with enhanced compliance under the new regime.
