Netherland Antilles Jurisdiction
The Netherlands Antilles were previously called the Netherlands West Indies, the islands are a part of the Lesser Antilles just off the coast of Venezuela to the South-East of the Virgin Islands. The Netherlands Antilles constitute an autonomous part of the Kingdom of the Netherlands, and cover an area of 800 sq km. Willemstad is the capital of the Netherlands Antilles. Dutch, English and Papiamento are its official languages. Spanish is not an official language, but it widely used within the territory of the Netherlands Antilles.
The head of the Netherlands Antilles is the ruling monarch of the Netherlands, who appoints a governor to represent him within the jurisdiction. Executive power belongs to a Prime Minister who forms the government; the governor assigned by the monarch has a representative power, the Netherlands is responsible for defense and international relations of the Netherlands Antilles. Legislative power belongs to delegates of the islands who actively cooperate within the government, and local governors of every island who deal with everyday affairs at a local level. The Netherland Antilles are not a part of the EU.
Economy of the islands mostly depends on tourism, financial industry, international trade and shipping. The US, Venezuela and Mexico are main countries from which food products and other goods are imported to the Netherlands Antilles. Dutch government provides a significant aid to the development of the jurisdiction. Main problem to ensure a constant agricultural development of the Netherlands Antilles is the lack of rain and poor soils.
Netherland Antilles Online Gambling Licensing
Internet gaming became a central industry for the island of Curacao in 2002 when the regulation of online gambling was decentralized from the Curacao Gaming Control Board.
The Governor of the Netherlands Antilles may award interactive gaming licenses pursuant to the National Ordinance Offshore Games of Hazard.
On-line gaming is a legitimate business activity in the Netherlands Antilles, especially Curacao, provided the e-gaming company has obtained the proper license. The Netherlands Antilles (master) gaming licenses are based on the National Ordinance on Offshore Hazard Games.
There are two formats to be licensed:
a) master license
b) sub-license.
A master license licenses the (e-)gaming company itself, and in addition opens the possibility to sub-license third parties subject to the responsibility and covenants under the master license. A sub-license - under a master license - offers equal possibilities to performing e-gaming business legitimately, however without the possibility to further sub-license.
Basic requirements for applying for a (sub-)license are compliance with due diligence and KYC policies, full identification of Ultimate Beneficial Owners (UBOs), satisfactory reference on UBOs as well as detailed and transparent description of the games to be offered. 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.
Applicants must first register with the Netherlands Antilles Chamber of Commerce as a locally formed legal entity, either onshore or offshore, and must state the island territories from which they wish to operate. Once an application is completed, the Department of Justice will conduct an investigation. If at the end of six weeks the investigation has been completed and yielded no objections then the applicant can receive a provisional license, which will be subject to a number of conditions, including a 60,000 (ANG) guarantee deposit.
Online gaming operators may also obtain sub-licenses to run Internet gambling operations from the Netherlands Antilles. Host businesses may sub-divide their existing gambling licenses for use by partner companies, provided the arrangement complies with applicable fees ranging from USD $2,000 to USD $4,000.
License holders pay 10,000 (ANG) per month in license fees during the first two years. A new license fee can be determined after the first two years.
The island territory on which a license holder is located is entitled to demand a contribution of up to 2% of the license holder's net gains from interactive gaming.
Legal Law Practice Contacts
1. CyberLuck Inc.
Pletterijweg Oost
Suite A-4
Website: www.cyberluck.com
Email: licensing@cyberluck.com
Phone: 599 9 465 1134
Fax: 599 9-465-1136
2. Curacaolaw – Attorneys in Curacao, Netherlands Antilles
Willemstad, Netherlands Antilles Civil, Administrative and IP Law, Litigation and Business Support
Kas di Alma Blou, De Rouvilleweg nr. 67
PO BOX 6058
Curacao
Netherlands Antilles
Tel: +599 4625379
Fax: +599 9 4629640
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