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Foto: Edu Andrade/Ascom/MF/Flickr

The Ministry of Finance, through the Secretariat of Prizes and Bets (SPA), published Ordinance No. 561, establishing the Regulatory Policy of the aforementioned authority and the Regulatory Agenda for the current year.

Based on relevant legislation, such as Law No. 13,756 of 2018 and MF Normative Ordinance No. 1,330 of 2023, the measure seeks to structure the regulation of fixed-odd bets, providing legal certainty and efficiency to the regulatory process, in addition to promoting a regulatory environment transparent and attractive for sustainable investments.

This initiative aims to improve the online betting and gaming scenario in the country, establishing priorities and phases for regulations, as detailed in the Regulatory Agenda attached to the ordinance.

Full text of Ordinance No. 561, from the Prizes and Betting Secretariat:

“The Substitute Secretary of Prizes and Bets of the Ministry of Finance, in the use of the powers conferred on her by article 55, item I, item “d”, of Annex I of Decree No. 11,907, of January 30, 2024, and In view of the provisions of Law No. 13,756, of December 12, 2018, Law No. 14,790, of December 29, 2023, and MF Normative Ordinance No. 1,330, of October 26, 2023, resolves:

Art. 1 The Regulatory Policy of the Prizes and Betting Secretariat of the Ministry of Finance is hereby established, aimed at structuring the regulation of fixed-odd bets referred to in Law No. 13,756, of December 12, 2018, Law No. 14,790, of December 29, 2023, and MF Normative Ordinance No. 1,330, of October 26, 2023.

Art. 2 The Regulatory Policy of the Prizes and Betting Secretariat has the following objectives:

I – establish regulatory actions considered priorities;

II – provide legal certainty, predictability and efficiency to the process of regulating fixed odds betting; It is

III – provide a stable, current, transparent and attractive regulatory environment for sustainable investment.

Art. 3 The Regulatory Agenda of the Prizes and Betting Secretariat of the Ministry of Finance – SPA/MF is hereby established, in the form of the Annex to this Ordinance, without prejudice to the publication of specific or complementary regulations considered necessary by the competent technical areas, and the published regulations by other federal public bodies regarding matters within their legal and institutional competences.

Art. 4 The initiatives of the Regulatory Agenda of the Prizes and Bets Secretariat of the Ministry of Finance are classified into phases, in order of prioritization:

I – Phase I: until April 2024;

II – Phase II: until May 2024;

III – Phase III: until June 2024; It is

III – Phase IV: until July 2024.

Art. 5 The Prizes and Bets Secretariat of the Ministry of Finance must consider the themes included in the Regulatory Agenda for the 2024 financial year as priorities when planning and executing the duties conferred by arts. 55 to 58 of Annex I of Decree No. 11,907, of 2024.

Art. 6 This Ordinance comes into force on the date of its publication.” (SIMONE VICENTINI)

REGULATORY AGENDA OF THE PRIZES AND BETS SECRETARIAT – 2024

ItemInitiativeDescriptionPrioritization
1Ordinance Qualification of certification laboratories (Ordinance MF-SPA nº 300, of February 26, 2014)Requirements and procedures relating to the recognition of the operational capacity of entities certifying betting systems used by fixed-odd betting lottery operators, and of live gaming studios and online games that may be made available to bettorsPhase 1
2Payment Methods OrdinanceGeneral rules to be observed in payment transactions carried out by agents authorized to operate the fixed-odd lottery betting modality in the national territoryPhase 1
3Betting Systems OrdinanceTechnical and security requirements for betting systems used by operating agents to operate the fixed-odd lottery betting modalityPhase 1
4Authorization OrdinanceRules, conditions and opening of the procedure for requesting authorization to operate fixed odds betting throughout the national territoryPhase 1
5Ordinance Money laundering and other crimesPolicy, procedures and controls aimed at preventing and combating Money Laundering, the Financing of Terrorism, the Proliferation of weapons of mass destruction and other frauds related to the commercial exploitation of fixed-odd bettingPhase 2
6Rights and Obligations OrdinanceSet of rules to be observed by authorized operators to comply with legal provisions and guarantee the rights of bettorsPhase 2
7Ordinance Online gameTechnical and security requirements for online games that may be made available to bettors by authorized operating agentsPhase 3
8Inspection OrdinanceRules and procedures for monitoring and supervising the commercial exploitation of the fixed-odd lottery betting modalityPhase 3
9Sanctioning Action OrdinanceProcedure for applying administrative sanctions in the commercial exploitation of the fixed-odd lottery betting modalityPhase 3
10Responsible Gaming OrdinanceRegulation of actions aimed at promoting responsible gambling, regarding the measures, guidelines and practices to be adopted to prevent pathological gambling disorder in the context of fixed-odd betting, rules for monitoring and preventing bettor debt and complementing advertising rules responsiblePhase 4
11Social Destinations OrdinanceProcedures for carrying out transfers to legal recipients set out in §1-A of art. 30 of Law No. 13,756, of 2018.Phase 4