of the Central Bank and the public prosecutor were not (re)appointed and Curaçao’s first government fired the two other members, at the time of writing GCB’s board only consists of two recently-appointed government candidates.1255 One of the two board members, the chair, served some time as director as well.1256 GCB’s second board member has family ties with both the minister that appointed him and with a major player in the gaming industry who is a formal suspect in a criminal case involving money laundering and tax fraud.1257 Advice provided on the appointment of an interim director for GCB also raise some critical points and contain ‘serious objections’ to GCB’s recruitment procedure.1258 On the positive side, at the end of April the public prosecutor did recommend a candidate for the board, which was supported by the minister of finance and did not result in serious objections of the corporate governance advisor.1259 According to the records of the Chamber of Commerce, this candidate has not yet been added to the board. In addition, and in line with the above, the casino sector appears to have undue influence over government policy and supervisory activities. Thus, for example, from May 2011 onwards, the minister of finance signed a ‘Memorandum of Understanding’ with the sector.1260 This memorandum, which has not yet been implemented into legislation, includes several presumably favourable financial agreements1261 and also allows the sector to propose draft Minimum Internal Control Standards (MICS), with a final say not for government or GCB, but for an ‘independent international recognised party’. Parties also agreed that, whereas the casino ordinance is now only valid for at most three years,1262 it is to be valid for ten years. Moreover, according to some, government also interfered explicitly with GCB’s work, instructing GCB to withdraw audit teams and the tax authority not to cooperate with GCB to collect monies due.1263 What the sector actually pays is undetermined.1264 As for MOT, in practice, CFATF reports that MOT’s head has always been managing its database and the minister of finance has never interfered in the operational activities of MOT. 1265 The Guidance Committee, for its part, does not meet on a regular basis, and it is reported that when they met, these meetings were used to discuss annual reports, relevant legislative issues and personnel matters.1266 At the moment, Transparency International was informed, in view of the findings of the CFATF, the Guidance Committee is not operative at all and has been non-existent for some time.
1255
Judgment of 6 June 2011, Court of First Instance Curacao, LJN BR6145. See, for example, SBTNO, Advies inzake benoeming interim directeur Stichting Gaming Control Board, 4 March 2013. 1257 The advice of the (previous) corporate governance advisor on these appointments could not be found on its website. 1258 SBTNO, Advice concerning recruitment and selection procedure and function profile director Gaming Control Board (Advies inzake wervings- en selectieprocedure en profielschets directeur Gaming Control Board), 14 November 2012; SBTNO, Advice concerning appointment interim director Foundation Gaming Control Board (Advies inzake benoeming interim directeur Stichting Gaming Control Board), 4 March 2013. 1259 On 15 May 2013 the corporate governance advisor advised on this. See Advice wrt Advice concerning intention appointment mw. C.H. Hato-Willems as board member Foundation Gaming Control Board (Advies inzake voornemen benoeming mw. C.H. Hato-Willems als Bestuurslid Stichting Gaming Control Board (art. 9. AB 2009 no.92)), 15 May 2013. 1260 Memorandum of Understanding between Curaçao and the Members of the Casino Association, Appendix to Country decree of 12 May 2011, No.11/0928. 1261 Also refer to, for example, Antilliaans Dagblad of 16 October 2012, ‘Wrong gamble’ (Verkeerd gegokt), Antilliaans Dagblad, 16 October 2012. 1262 Country ordinance Casino sector, Article 3. 1263 Also refer to the Judgment of 6 June 201 of the Court of First Instance Curaçao, mentioned in the above. 1264 ARC, October 2012b: 35. ARC mentions that the quarterly reports do not give a definite answer as to the sector’s actual payments. 1265 CFATF, June 2012: 8 and 81. 1266 Ibid., 81. 1256
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