Test Services Providers
This section provides detailed information for test service providers wishing to apply for a licence. It covers Licence applicants, who should apply for a licence, what we expect from licence applicants, how applications are assessed, how to apply, and our expectations of licensees.
No individual is allowed to supply gaming test services to the Republic of Cyprus Integrated Casino Resort (ICR) operator, and the operator is not allowed to be supplied with such gaming test services unless the supplier of gaming test services holds a valid gaming supplier licence.
No individual is allowed to supply gaming machines to the casino and the casino operator is not permitted to be supplied with such gaming machines unless the supplier of such gaming machines holds a valid gaming supplier licence.
The Commission may, in specified circumstances, waive some of the information and documentation required in support of an application. ALL of the following criteria MUST be met before the Commission will consider applying a waiver and accepting a simplified application. However, please note that, even if all criteria are met, the Commission may require a full application to be made (including supporting documents) should it have any concerns. Should the Commission accept a simplified application it may call for further information at any time as it sees fit.
To be eligible for the waiver. ALL criteria must apply:
- the gaming machine test service provider is approved and/or licenced by a government authority in another member state of the European Union or state, belongs to the European Free Trade Zone which has signed the Agreement for the Single European Area or is in a state with which the European Union has signed an agreement for a customs union and mutual recognition for compliance evaluation of products
- sufficient evidence is presented to satisfy the Commission regarding the existence of such approval and/or licence in the particular jurisdiction
- the standards and procedures of the particular jurisdiction where they are approved and/or licensed do not deviate substantially and are not substantially less protective than those applied by the Commission in relation to the due diligence and suitability investigation.
If you consider that you can meet ALL of the above criteria, then please contact the Commission: email firstname.lastname@example.org or telephone 0035725573810.
Who should apply for a licence?
You must apply for a Supplier licence (Test Services Provider) if you intend to provide gaming test services for the ICR.
What we expect from licence applicants
Entities which apply for a Supplier licence (Test Services Provider) licence must:
- be able to demonstrate that they can meet the Commission’s suitability assessment
- ensure that the activities they plan to carry out will be conducted in a manner which minimises the risks to the licensing objectives
- work with the Commission in an open and cooperative way, and
- work with the Commission in an open and cooperative way, and
- disclose to the Commission anything which the Commission would reasonably expect to know.
How the application is assessed
The Commission needs to be satisfied that licensees are suitable to hold a licence and undertake the activities for which they are licensed. In assessing suitability, the Commission will look at the suitability of the applicant and those persons relevant to the application. Relevant persons include, officers of the company, senior management, shareholders and any other person who may influence or benefit from the activities or services provided under the licence.
The Commission will take a number of factors into consideration whilst processing your application and determining suitability including:
- identity and ownership – The identity of the applicant and any individual(s) relevant to the application will be established and verified using appropriate official documentation. The ownership of a corporate applicant will be investigated, and all major shareholders identified. The Commission will check company and director records to ensure that the correct entity is being licensed and check any related companies or directors. The Commission will also wish to establish who benefits from the gambling services and facilities provided. We therefore require that any shareholder with a 3% or more share is listed within the application and those with over a 10% share may be subject to further checks. If the beneficiary of any business is a Trust, we will require details of the beneficiaries of that Trust. If the applicant is a company based overseas, or part of the company structure is based overseas, we require a full description of the company structure, and may carry out checks with overseas regulators.
- integrity – The reputation, honesty and trustworthiness of the applicant and/or individual(s) relevant to the applicant and/or associated companies will be assessed using a variety of means. The Commission will consider whether the information it collects raises any concerns about integrity. This includes an assessment of an applicant’s criminal record, and any past involvement in civil or regulatory investigations or proceedings. We will also consider the manner by which the applicant has conducted their business with specific regard to the provision of gambling services in other jurisdictions. In addition, the Commission will also consider the evidence and findings of any complaints about the applicant and/or investigations by other regulators, and we will investigate any history of business failure.
- finances – The financial condition, stability and strength of the applicant as well as its financial resources and the integrity of any source of funds will be considered to ensure that the licensing objectives are not put at risk. The past and present financial circumstances of the applicant and any individual(s) relevant to the application will be investigated to ensure that sufficient resources are in place to carry out the licensed activities. Additionally, the Commission will ask for accounts from existing businesses and associated companies. Our focus is on assessing the source of funding and the resources likely to be available to enable a licensee to conduct the licensed activities.
- competence – Whether the Applicant has the technical capability to test and inspect gaming machines in accordance with the technical standards and for the purposes for which the licence may be granted will be taken into consideration. This includes the applicant’s track record of compliance with the legal and regulatory requirements of any jurisdiction where it may hold a gaming licence/permit or approval. The Commission may also take up references and may review the CVs of relevant persons to assess their work experience and the training they have received which demonstrates their competence to carry out the role required of them.
- criminality – Criminal record of the applicant and/or individual(s) relevant to the application will be considered. Any prior offences committed by the applicant and any individual(s) relevant to the application will be taken into account when assessing an application for a gaming supplier licence. Any previous offences do not mean that the application will automatically be refused. Each case will be considered on its individual merits, and consideration will be given to the seriousness, relevance and date of the conviction. In evaluating the seriousness and relevance of an offence, the Commission’s assessment will focus on whether the conviction has a potential bearing on suitability to hold a licence and will have regard to safeguarding the licensing objectives and the public interest.
In assessing suitability, the Commission will use both the information and supporting documentation provided by the applicant as part of the application and information available from other sources (for example, open source, government departments, overseas regulators).
An applicant seeking authorisation to provide test services must, in addition to meeting suitability requirements, be able to demonstrate to the Commission that it has the skills, capabilities and capacity to comply fully with the Commission’s technical standards. In particular, the applicant must have accreditation obtained by UKAS or an equivalent international organisation for BS EN ISO/IEC 17025 (General requirements for the competence of testing and calibration laboratories).
Finally, the Commission wants to be assured of the applicant’s independence from the operator and what policies it has in place to ensure that independence is maintained.
For every application, the Commission may:
- grant a licence
- limit the scope of licensed activities that can be accrued out in accordance with a licence
- refuse a licence where there are reasons to do so.
How to apply
If you wish to apply for a Gaming Supplier licence (Test Services Providers) you must:
- familiarise yourself with our guidance notes
- complete the Gaming Supplier Licence Application Form OR, if applicable, the Simplified Gaming Supplier Licence Application Form
- complete, if applicable, Annex B - Personal Declaration
- ensure that your application and investigation fees (as required) have been paid
- deliver the completed application form and the supporting documentation to the Commission (either by post or by hand).
Gaming Suppliers (Test Services Providers) should familiarise themselves with the Casino Operations and Control (General) Regulations of 2016, Part VII, section 27. Moreover, licensees shall ensure compliance with the Law and Regulations, including but not limited to continuing suitability under Regulation 27(4) and continuing to perform its duties in Regulation 27(6).
Suitability under Regulation 27(4) includes:
- their reputation, having regard to their character, honesty and integrity
- their financial condition, stability and strength as well as the suitability of their financial resources
- whether licensees have the technical capability test and inspect gaming machines in accordance with the technical standards and for the purposes for which the licence is granted
- whether licensees have an association with any person who does not satisfy the Commission requirements with respect to reputation, having regard to its character, honesty and integrity
- whether each director, partner, executive officer or direct or indirect owner of the business is a suitable person, and
- licensing in other jurisdictions and whether they have a consistent track record of compliance with the legal and regulatory requirements applicable to them.
Duties of the Licensees under Regulation 27(6) include:
- providing to the Commission such information or records as the Commission considers necessary from time to time
- appearing before the Commission or an inspector in relation to any matter relevant to their gaming supplier licence or other matters and to answer questions relating to such matters
- ensuring that gaming testing services provided by them comply with the technical standards notices issued by the Commission, and
- permitting the Commission or its agents to inspect any premises in the Republic of Cyprus where a gaming supplier licensee carries on business for the purposes of an inspection or investigation.
Moreover, licensees must notify the Commission immediately, should there be any material changes in their financial condition, stability, and source of financial resources as well as any change of ownership greater than 3%.
What the Commission expects from licensees:
The Commission expects licensees to conduct their activities in a way that does not put the licensing objectives at risk. It expects those holding a gaming supplier licence to:
- conduct their business with integrity
- act with due care, skill and diligence
- maintain adequate financial resources
- work with the Commission in an open and co-operative way
- disclose to the Commission at any time anything which we would reasonably expect to know
- provide to the Commission such information or records as the Commission considers necessary from time to time
- ensure that gaming testing services provided by them comply with the technical standards requirements in the standards notices issued by the Commission, and
- ensure that gaming machines tested are gaming machines approved by the Commission.