OFFERING ON-LINE GAMING AND GAMBLING SERVICES FROM THE NETHERLANDS ANTILLES
Curaçao is one of the world’s most attractive islands for establishing a gaming company
The Netherlands Antilles offers gaming (gambling, betting) licenses to both land based casinos as well as interactive or online gaming operations. To operate online gaming activities in Curaçao at present, the government of the Netherlands Antilles requires either a ‘license offshore hazard games’ (based on the ‘State Ordinance containing the regulation concerning the exploitation of hazard games on the international market by means of service lines’; P.B. 1993 no. 63), a so-called government issued gaming license (a.k.a. ‘Master License’), or a sublicense under a master gaming license, known as an IP-Agreement.
In the case of a master license application the decision is taken at the sole discretion of the Minister of Justice, based on the documentation submitted by the Netherlands Antilles counsel; including full disclosure and representation of the UBO’s (‘Ultimate Beneficial Owners’) and a detailed description of the games.
Regarding the sub-licenses being granted by holders of a master license there is no uniform process. In case of a sub-license basically the same procedure will be followed, with the difference that the decision will be taken at the discretion of the master licensor, who will be responsible towards the Netherlands Antilles authorities for any performance of the sub-licensee. In both situations emphasis will be on the standing of the UBO’s.
A gaming license can only be issued to companies established in the Netherlands Antilles. Netherlands Antilles law requires that the company is registered in the Netherlands Antilles with a local managing director. However, it is possible to hire a management services company as the managing director. The Netherlands Antilles has strong anti-money laundering legislation in force.
Curacao, the main Island of the Netherlands Antilles, accommodates several so-called Economic Zones (’E-Zones’) that provide a suitable location to set up international trade, services or e-commerce businesses. E-Zone companies benefit a very favorable tax regime in the Netherlands Antilles with respect to corporate income tax (the rate is 2%), custom duties, turnover tax and expatriate tax facilities as long as they are actual located an officially admitted in an E-zone.
Curaçao is one of the world’s most attractive islands for establishing a gaming company both in terms of taxation and infrastructure. As far as your gaming ventures are concerned, don’t gamble, choose for Curaçao!
Karel Frielink
Attorney (Lawyer) / Partner
Filed under: legal by Karel.Frielink
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