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ACMA Calls on Curaçao to Crack Down on iGaming Sites Targeting Aussie Players
By Jeff Osienya Mar 30, 2024 LegalityThe ACMA has urged Curaçao’s gambling watchdog to put a tighter leash on Curaçao-licensed operators illegally targeting Aussie players. The move is part of Australia’s recent effort to fight offshore gambling and promote safer gambling within its borders.The Australian Communications and Media Authority (ACMA) has made multiple requests to Curaçao to take action against online gambling sites operating from its jurisdiction that are targeting Australian players. Australia’s media watchdog has asked the regulator to crack down on all iGaming operators illegally providing their services to Aussie players via numerous gaming sites. This move is part of ACMA’s ongoing efforts to combat illegal online gambling activities in its jurisdiction.
In total, ACMA has identified over 1,000 online gaming sites, which it has since blacklisted with the help of Australian internet service providers. Most of these sites are said to have held Curaçao gaming licenses and were accessible to residents despite violating several Australian gambling laws.
Initial Contact With Curaçao Seemed Promising
According to ACMA, the intention to block the liable sites has been communicated in writing and through one-on-one meetings with the government of Curaçao. One such meeting was held in June 2023 with the aim of ‘establishing contact’ with the regulator. This preliminary meeting was necessitated by a complaint sent to Curaçao Finance Minister Javier Sylvania. The complaint accused at least 90 online casino sites of trying to engage Aussie consumers well after receiving warnings and being alerted of their illegal activities.
The meeting ended on a good note as the Curaçao government committed to stopping sites that were breaking jurisdictional gaming laws. At the time, after alerting the finance minister to the main issues, ACMA indicated in the letter that no action had been taken, and the websites continued to operate, breaking Australian gaming regulations. In the letter, Australia’s media watchdog called out the inaction despite contacting the authority and the concerned master licensees. ACMA’s letter said in part:
Quote“We are continuing to explore further regulatory collaboration with overseas gambling regulators and would welcome any opportunity to engage with the Curaçao Gaming Authority once established, to share information or coordinate action against the provision of online gambling services in breach of Australian laws.”
Since then, the Australian media regulatory body has disclosed that it conducted investigations, unmasking at least six occasions when Curaçao licensees violated the country’s online gaming laws (e.g., the Interactive Gaming Act). Some of the sites still in operation have been observed to continue advertising to Australians, luring potential clients by declaring themselves ‘the best Australian online casino website’ and offering generous welcome bonus packages. A spokesperson told The Guardian:
Quote“ACMA engages with overseas regulatory bodies for the purposes of assisting with our enforcement and disruption efforts against illegal services… In relation to Curaçao, we have written to them about individual services licensed in their jurisdiction and about updates on the Curaçao regulatory framework.”
Curaçao to Control Influx of Offshore iGaming Sites
The Dutch Caribbean Island has been awarding gaming licenses for about three decades now. It is known for hosting a significant number of online gambling operators due to its favorable regulatory environment, which has been made possible by more tolerant rules. These include the fact that operators don’t have to apply for multiple licenses, the approval process is much quicker than with other regulatory bodies, and once registered, no subsequent oversight is required.
The island is also famous for having friendly tax laws that make setting up as an operator easy. A deeper look into the Curaçao operational licensing model provides insight into why thousands of online gaming platforms boast legit licenses from the authority. At the moment, there are two types of permits operators can apply for from the island, namely master and sub-license. A master license, currently only held by four master licensees, allows the holder to conduct online gambling services.
The master licensee can also issue sub-licenses to an unlimited number of other operators who wish to open iGaming sites targeting different jurisdictions. Sub-licensees can only operate with a single license without the right to transfer it to any third-party gaming companies. With endless possibilities for gambling start-ups, it is no wonder that the island has become a destination for several investors looking to get started on the international iGaming scene.
However, starting March 31, 2024, things will take a turn in favor of jurisdictions with online gaming restrictions. The government of the Dutch Caribbean Island has decided that it will be taking an active role in overseeing its licensees. For instance, the Curaçao Gaming Control Board’s (CGCB) legal framework has been undergoing a revamp in the past months.
According to an update released by the board, operators will bear some responsibility for protecting vulnerable players and ensuring compliance with laws in their target jurisdictions. The new rules prohibit sub-licensees and will require all under such contracts to directly apply for an operator license before midnight on March 31. The CGCB reported in a 9-page update:
Quote“The Curaçao Gaming Control Board is committed to keeping the remote gaming industry free from crime and ensuring that license holders act in a fair and transparent manner and protect the vulnerable players, including minors.”
New Curaçao Framework to Benefit the Masses
ACMA’s request to Curaçao authorities brings into focus the global nature of the online gambling industry and how international cooperation is needed to implement set regulations effectively. The positive response from the government of Curaçao is ground-breaking and will solve a series of regulatory challenges faced by several other jurisdictions over the years. This commitment to combat illegal online gambling and promote responsible gambling across the board is a noble one and a definite win for safe gambling advocates.
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