The Secretary of Prizes and Betting, Regis Dudena, signed an ordinance that prohibits the operation of sports betting sites and online games without authorization from the Ministry of Finance from October 1st.uthorization from the Ministry of Finance from October 1st.
The regulations were published in the Official Gazette of the Union this Tuesday morning (17).
According to the measure, “only active legal entities that have submitted the authorization request to the Ministry of Finance by the date of publication of this Ordinance are considered to be in the adjustment period, from October 1, 2024 onwards”.
“Only brands and their respective internet domains that are nominated to the Prizes and Betting Secretariat under the terms of the caput will be able to explore fixed-odd betting nationwide during the adaptation period”, states the ordinance.
Furthermore, the ordinance indicates that bettors on unauthorized platforms will be able to redeem the deposits they are entitled to until October 10th of this year.
From October 11th, websites and applications that do not request accreditation will be banned and will be taken offline. The supervision and adoption of measures necessary to comply with the regulations will be the responsibility of the Prizes and Betting Secretariat.
By December, the Treasury must complete the process of analyzing the first requests received and, from January 1, 2025, when the regulated betting market will begin in Brazil, only duly licensed companies will be able to operate.
Before that, later this year, approved companies will have to pay the grant of R$30 million to start operating and, from January onwards, they will need to comply with all the rules to combat fraud, money laundering and abusive advertising, among others.
Check out the new Treasury ordinance that will prohibit unaccredited betting houses from October 1st
“SPA/MF ORDINANCE No. 1,475, OF SEPTEMBER 16, 2024
Provides for the conditions and adaptation deadlines for legal entities that operate the lottery modality of fixed-odd betting provided for in art. 9th, sole paragraph, of Law No. 14,790, of December 29, 2023 and in art. 24 of SPA/MF Ordinance No. 827, of May 21, 2024, until the deadline of December 31, 2024.
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF FINANCE, in the use of the powers conferred on him by art. 55, item I, 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, and Law No. 14,790, of December 29, 2023 , solves:
Art. 1 This Ordinance provides for the conditions and adaptation deadlines for legal entities that operate the lottery modality of fixed-odd betting provided for in art. 9th, sole paragraph, of Law No. 14,790, of December 29, 2023, and in art. 24 of SPA/MF Ordinance No. 827, of May 21, 2024, until the deadline of December 31, 2024.
Art. 2 For the purposes of the provisions of art. 9th, sole paragraph, of Law No. 14,790, of December 29, 2023, and application of the provisions of art. 24 of Ordinance SPA/MF nº 827, of May 21, 2024, only legal entities in activity that have submitted the authorization request to the Ministry of Treasury by the date of publication of this Ordinance.
§ 1 From October 1, 2024, the exploitation of the lottery modality of fixed-odd betting nationwide by a legal entity without authorization from the Prizes and Betting Secretariat of the Ministry of Finance and which does not fall within the terms of the caput is prohibited.
§ 2 Without prejudice to the rights of bettors to redeem the deposits to which they are entitled, a deadline of October 10, 2024 is established for the withdrawal of deposits to be made on the internet domain of the legal entity where they were made.
§ 3º Identified electronic site that explores the lottery modality of fixed-odd betting on a national level, without authorization from the Secretariat of Prizes and Bets of the Ministry of Treasury and that does not fall within the terms of the caput, the necessary notifications will be made to proceed, the from October 11, 2024, the blocking and deletion of applications that offer the service in violation of current legislation and regulations.
§ 4 The legal entity that maintains a bettor’s deposit is obliged to keep and preserve the amounts deposited as well as to return them when the depositor requires it, also guaranteeing means so that such requirement can be formalized, regardless of the period referred to in the §2º.
§ 5 Legal entities interested in exploring the lottery modality of fixed-odd betting on a national level that do not fall within the caput may only provide such service upon prior authorization to be issued by the Prizes and Betting Secretariat of the Ministry of Treasury, under the terms of the Law and specific regulations, in particular Ordinance SPA/MF No. 827, of May 21, 2024.
Art. 3 Legal entities interested in exploring the lottery modality of fixed-odd betting that have submitted a request for authorization to the Ministry of Treasury within the period set out in art. 2nd, they must indicate, by September 30, 2024, to the Prizes and Betting Secretariat, their active brands and the respective internet domains where they will provide the service during the adaptation period, in the form of the annex.
§ 1 Only brands and their respective internet domains that are nominated to the Prizes and Betting Secretariat under the terms of the caput will be able to explore fixed-odd betting nationwide during the adjustment period.
§ 2 From January 1, 2025, only authorized betting agents will be able to explore the activity in the country, which will take place exclusively on the Brazilian internet domain, with the extension “bet.br”.
§ 3 The Secretariat of Prizes and Bets will forward communication to the States and the Federal District that explore the lottery modality of fixed-odd betting, within the scope of their territories, in accordance with art. 35-A, of Law No. 13,756, of December 12, 2018, requesting the indication of authorized brands in activity and their respective internet domains.
Art. 4 During the adjustment period referred to in this Ordinance, all duties and respective penalties provided for as a result of non-compliance with current legislation remain applicable, notably:
I – in Law No. 8,069, of July 13, 1990;
II – in Law No. 8,078, of September 11, 1990 – Consumer Protection Code;
III – in Law No. 7,492, of June 16, 1986; and
IV – in Law No. 9,613, of March 3, 1998.
Art. 5 The commission of illegal acts will be considered in the analysis of the request for authorization for the commercial exploitation of the lottery modality of fixed-odd betting, taking into account the national interest and the protection of the interests of the community, in accordance with art. 5th of Law No. 14,790, of December 29, 2023.
Art. 6 The supervisory authorities may request from legal entities that operate the lottery modality of fixed-odd betting, at any time, documents that prove the regularity for operating the activity.
Art. 7 The Prizes and Bets Secretariat of the Ministry of Treasury will be responsible for monitoring and adopting the measures necessary to comply with this Ordinance, in coordination with other authorities responsible for prosecuting committed infractions.
Art. 8 The provisions of this Ordinance apply to all betting types provided for in Law No. 14,790, of December 29, 2023.
Art. 9 This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
ANNEX
REQUEST FOR APPOINTMENT OF LEGAL ENTITIES IN ACTIVITY TO ACT IN THE ADEQUACY PERIOD
1. IDENTIFICATION OF THE REQUESTING LEGAL ENTITY:
Corporate name:
CNPJ:
Headquarters Address: address, complement, zip code, neighborhood, municipality, UF
2. INFORMATION RELATING TO THE CLAIM
2.1. Details of the trademarks currently exploited: inform the quantity, trade name and respective internet domain of the trademarks that are exploited by the applicant legal entity during the adaptation period referred to in art. 9th, sole paragraph, of Law No. 14,790, of December 29, 2023, and art. 24 of SPA/MF Ordinance No. 827, of May 21, 2024.
2.2. Object of fixed-odd bets: for each commercial brand to be explored, inform the object of fixed-odd bets offered, in accordance with art. 3rd of Law No. 14,790, of 2023.
2.2.1) Trademark 1: trade name
Site:
2.2.2) Trademark 2: trade name
Site:
2.2.3) Trademark 3: trade name
Site:
2.3. Modalities currently offered: for each commercial brand currently operated, inform whether it is offered in virtual or physical modalities, alone or jointly, in accordance with art. 14 of Law No. 14,790, of 2023.
2.3.1) Trademark 1: trade name
a) virtual only: ( )
b) land-based: ( )
c) virtual and land-based: ( )
2.3.2) Trademark 2: trade name
a) virtual only: ( )
b) land-based: ( )
c) virtual and land-based: ( )
2.3.3) Trademark 3: trade name
a) virtual only: ( )
b) land-based: ( )
c) virtual and land-based: ( )
3. DECLARATION:
The legal entity qualified above expressly declares that it is fully aware that brands and internet domains not indicated in this procedure will not be able to explore activities related to the fixed-odd betting lottery modality during the legally foreseen adjustment period, and that the Secretariat of Prizes and Bets of the Ministry of Treasury has the power to conduct special steps to seek any clarifications necessary to clarify the information contained therein, and under the penalties of applicable legislation, further declares that the information and statements presented are reliable and true. further declares to be aware that the commission of illegal acts by the brands and in the indicated internet domains will be considered in the analysis of the request for authorization for commercial exploitation of the lottery modality of fixed-odd betting.
Place and date:
Name, CPF and position of signatories
Notes:
– the application must be digitally signed by the applicant who signed the authorization request; and
– the application must be sent to the email address [email protected], with the title REQUEST FOR NOMINATION OF LEGAL ENTITIES IN ACTIVITY TO ACT IN THE ADEQUACY PERIOD followed by the name of the requesting company by 11 pm, 59 minutes and 59 seconds of September 30, 2024.”
