Curacao GCB issues details about authorisation rights
In response to the “New Curacao Legislative Framework C Critical Milestones” announcement by the Minister of Finance on December 20, 2023, the Curacao Gaming Control Board (GCB) has released crucial information about authorisation rights pertaining to the access and use of the GCB Portal.
In their statement the CGB confirmed existing issues relating to some misconceptions relating to the rights of access to and responsibility for the account relating to the application only, as distinct from the requirement of the GCB that they are notified about all current licensing arrangements and operational domains being used by Curacao operators (the so called Census) via a separate account.
I. Licensee Account Guidelines:
- A. Establishment of Licensee Account:
A Licensee Account serves as a portal-based account for Curacao incorporated entities applying for a license under the National Ordinance on Offshore Games of Chance (NOOGH).
Initiation of a Licensee Account occurs upon submission of a Letter of Authorisation to the GCB.
Licensee Applicants can include current operators under contractual arrangements with the Master Licensor and new applicants operating under the new transitional regime.
- B. Authorised Representative and Portal Administrator:
The Authorised Representative, designated through the Letter of Authorisation, acts as both the portal administrator and the person responsible for the license application.
The Authorised Representative has the authority to create other user accounts as authorised by the Lawful Representative.
- C. Master Licensors and Census Accounts:
Master Licensors obliged to participate in the Census may open a Census Account and have portal administration rights.
Transfer of domains from the Census Account to the Licensee Account is possible with notice to the Master Licensor, provided it’s done in good faith.
- D. Access Rights for Master Licensors:
Master Licensors must be given access by the Authorised Representative to Licensee Accounts for accurate Census information.
II. Mandatory Sublicensee Registration under NOOGH:
- A. Master Licensors’ Responsibilities:
Master Licensors are obligated to register Sublicensees and associated domains on the GCB portal under the Census requirements.
The Census Representative, appointed by the Master Licensor, oversees the Census Account and provides a digital signature on the Census Letter of Authority.
- B. Census Cooperation and Deadline:
Full cooperation for the Census is mandatory, and failure to comply may lead to Sublicensees ceasing operations under their Master License by March 31, 2024.
The Master Licensor can continue support if satisfied that a Sublicensee has made a valid application to the GCB.
- C. Prior Census and License Account Precedence: Licensee Accounts take precedence over Census Accounts where there is no Prior Census for specific Sublicensee and related domains.
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