The Secretary of Awards and Betting, linked to the Ministry of Finance, published in the Official Gazette of the Union this Tuesday (17) an ordinance that prohibits the operation of betting sites from October 1st without authorization or that have not applied for the request with the federal government. Thus, bets can only operate with prior authorization to be issued by the agency itself.
The fixed quota betting companies that have not yet requested authorization to operate will have their activities suspended from the next day, October 1st, the Ministry of Finance reported this Tuesday (17).
According to the Ordinance published in the Official Gazette of the Union (DOU), from next month and until the end of December, only betting companies that are already operating and that have requested authorization to explore the lottery modality of fixed quota bets until last Monday (16).
From October, companies that have not requested authorization will be classified as illegal until they have their operation released by the Treasury. Betting sites that operate in Brazil without authorization will be subject to the penalties provided by law, which provides for fines of up to R$ 2 billion per infraction.
Those who requested the authorization, but were not yet operating, will have to wait to start operations in January — if they manage to get the release by the ministry and meet all the requirements.
The expectation is that the Treasury will complete the analysis process of the first applications received and that from January 1, 2025, when the regulated betting market in Brazil will begin, only companies that comply with the law and the regulatory ordinances of the department will continue operating.
According to the ministry, the approved companies will have to pay the grant of R$ 30 million this year to start operating and, from January, they will also need to comply with all the rules against fraud, money laundering, and abusive advertising, among others.
The authorized betting houses that pay these R$ 30 million will be able to explore up to three brands for five years. Until the end of August, five companies had made an extra request and, if approved, they will be able to explore up to six brands each.
In an official statement, the secretary of awards and betting of the Ministry of Finance, Regis Dudena, stated that the department will maintain the adaptation period until the end of December only for those who have already shown that "want to act according to the law".
"Many police operations involving companies that operate in the betting market in a criminal way have come to light. This was the way we found not to wait until January to start separating the wheat from the chaff," said Dudena.
"We want to protect the mental, financial, and physical health of the bettor, curbing the activities of companies that use sports betting and online games as a means to commit fraud and money laundering,” he added.
The secretary also reinforced that the adaptation period "cannot be used to violate existing laws", such as the Money Laundering Laws, Financial Crimes, or the Consumer Defense Code, for example. "In the analysis of authorization requests, we are taking into consideration the commission of illicit acts,” he said.
Adaptation period
According to the Treasury, companies in activity that have already requested authorization from the department have until September 30 to inform which of their commercial brands are in activity and which sites they use during this adaptation period.
"From January, all authorized companies will use the Brazilian internet domain, with the extension 'bet.br'", said the ministry in an official note.
According to the department, companies that have not requested authorization can no longer offer fixed quota bets, but must keep their sites available until October 10, in order to allow bettors to withdraw their resources.
"From October 11, these sites and their respective applications will be prohibited and will be taken down", said the Treasury, reiterating that, for this, the department will intensify dialogue with the Ministry of Justice and Public Security (MJSP), the Central Bank, and the National Telecommunications Agency.
ORDINANCE SPA/MF No. 1.475, OF SEPTEMBER 16, 2024
Provides for the conditions and deadlines for adaptation for legal entities that explore the lottery modality of fixed quota bets provided for in art. 9º, single paragraph, of Law No. 14.790, of December 29, 2023, and in art. 24 of Ordinance SPA/MF No. 827, of May 21, 2024, until the deadline of December 31, 2024.
THE SECRETARY OF AWARDS AND BETTING OF THE MINISTRY OF FINANCE, in the exercise 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, resolves:
Art. 1º This Ordinance provides for the conditions and deadlines for adaptation for legal entities that explore the lottery modality of fixed quota bets provided for in art. 9º, single paragraph, of Law No. 14.790, of December 29, 2023, and in art. 24 of Ordinance SPA/MF No. 827, of May 21, 2024, until the deadline of December 31, 2024.
Art. 2º For the purposes of the provisions of art. 9º, single 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, are considered in the adaptation period, from October 1, 2024, only legal entities in activity that have submitted the authorization request to the Ministry of Finance by the date of publication of this Ordinance.
§ 1º It is prohibited from October 1, 2024, the exploration of the lottery modality of fixed quota bets nationwide by a legal entity without authorization from the Secretary of Awards and Betting of the Ministry of Finance and that does not meet the terms of the caput.
§ 2º Without prejudice to the rights of bettors to redeem the deposits to which they are entitled, the deadline is set until October 10, 2024, for the withdrawal of deposits to be made on the internet domain of the legal entity in which they were made.
§ 3º Identified electronic site that explores the lottery modality of fixed quota bets nationwide, without authorization from the Secretary of Awards and Betting of the Ministry of Finance and that does not meet the terms of the caput, the due notifications will be made to proceed, from October 11, 2024, to the blocking and exclusion of the applications that offer the service in disagreement with the legislation and with the current regulation.
§ 4º The legal entity that maintains a bettor's deposit is obliged to keep and preserve the values deposited as well as to return them when demanded by the depositor, also ensuring means for such demand to be formalized, regardless of the deadline referred to in §2.
§ 5º Legal entities interested in exploring the lottery modality of fixed quota bets nationwide that do not meet the terms of the caput may only provide such service with prior authorization to be issued by the Secretary of Awards and Betting of the Ministry of Finance, under the terms of the Law and specific regulation, especially of Ordinance SPA/MF No. 827, of May 21, 2024.
Art. 3º Legal entities interested in exploring the lottery modality of fixed quota bets that have submitted the authorization request to the Ministry of Finance within the deadline provided for in art. 2º must indicate, until September 30, 2024, to the Secretary of Awards and Betting, their brands in activity and the respective internet domains where they will provide the service during the adaptation period, in the form of the annex.
§ 1º Only the brands and their respective internet domains that are indicated to the Secretary of Awards and Betting under the terms of the caput may explore nationwide fixed quota bets during the adaptation period.
§ 2º From January 1, 2025, only authorized betting operators will be able to explore the activity in the country, which will take place exclusively in the Brazilian internet domain, with the extension “bet.br”.
§ 3º The Secretary of Awards and Betting will send communication to the States and the Federal District that explore the lottery modality of fixed quota bets, within their territories, under the terms of art. 35-A, of Law No. 13.756, of December 12, 2018, requesting the indication of the authorized brands in activity and their respective internet domains.
Art. 4º During the adaptation period referred to in this Ordinance, all duties and the respective penalties provided for as a result of non-compliance with the legislation in force continue to apply, notably:
I – in Law No. 8.069, of July 13, 1990;
II – in Law No. 8.078, of September 11, 1990 – Consumer Defense Code;
III – in Law No. 7.492, of June 16, 1986; and
IV – in Law No. 9.613, of March 3, 1998.
Art. 5º The commission of illicit acts will be considered in the analysis of the request for authorization for commercial exploration of the lottery modality of fixed quota bets, in view of the national interest and the protection of the interests of the community, under the terms of art. 5º of Law No. 14.790, of December 29, 2023.
Art. 6º The supervisory authorities may request from legal entities that explore the lottery modality of fixed quota bets, at any time, the documents that prove the regularity for the exploration of the activity.
Art. 7º The Secretary of Awards and Betting of the Ministry of Finance will be responsible for the supervision and adoption of the necessary measures to comply with this Ordinance, in coordination with other authorities with jurisdiction to prosecute the infractions committed.
Art. 8º The provisions of this Ordinance apply to all betting modalities provided for in Law No. 14.790, of December 29, 2023.
Art. 9º This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
***
ANNEX
APPLICATION FOR INDICATION OF LEGAL ENTITIES IN ACTIVITY FOR OPERATION DURING THE ADAPTATION PERIOD
IDENTIFICATION OF THE LEGAL ENTITY APPLICANT:
Corporate name:
CNPJ:
Headquarters Address: address, complement, zip code, neighborhood, municipality, UF
- INFORMATION RELATING TO THE PLEA
2.1. Detailing of the commercial brands currently explored: inform the quantity, the trade name and the respective internet domain of the commercial brands that are explored by the legal entity applicant during the adaptation period referred to in art. 9º, single paragraph, of Law No. 14.790, of December 29, 2023, and art. 24 of Ordinance SPA/MF No. 827, of May 21, 2024.
2.2. Object of the fixed quota bets: for each commercial brand to be explored, inform the object of the fixed quota bets offered, under the terms of art. 3º of Law No. 14.790, of 2023.
2.2.1) Commercial Brand 1: trade name
Site:
2.2.2) Commercial Brand 2: trade name
Site:
2.2.3) Commercial Brand 3: trade name
Site:
2.3. Modalities currently offered: for each commercial brand currently explored, inform whether it is offered in virtual or physical modes, alone or together, under the terms of art. 14 of Law No. 14.790, of 2023.
2.3.1) Commercial Brand 1: trade name
a) only virtual: ( )
b) only physical: ( )
c) virtual and physical together: ( )
2.3.2) Commercial Brand 2: trade name
- a) only virtual: ( )
- b) only physical: ( )
- c) virtual and physical together: ( )
2.3.3) Commercial Brand 3: trade name
- a) only virtual: ( )
- b) only physical: ( )
- c) virtual and physical together: ( )
3. DECLARATION
The legal entity above qualified expressly declares that it is fully aware that the brands and internet domains not indicated in this procedure will not be able to explore activities related to the lottery modality of fixed quota bets during the legally provided adaptation period, and that the Secretary of Awards and Betting of the Ministry of Finance has the faculty to conduct special diligences to seek any clarifications necessary to elucidate the information contained therein, and under the penalties of the applicable legislation, also declares that the information and statements presented are faithful and true. also declares to be aware that the commission of illicit acts by the brands and in the internet domains indicated will be considered in the analysis of the request for authorization for commercial exploration of the lottery modality of fixed quota bets.
Place and date:
Name, CPF and position of the signatories
Observations:
– the application must be digitally signed by the applicant who signed the authorization request;
e
– the application must be sent to the email address adequacao.spa@fazenda.gov.br, with the title APPLICATION FOR INDICATION OF LEGAL ENTITIES IN ACTIVITY FOR OPERATION DURING THE ADAPTATION PERIOD followed by the name of the applicant company until 11:59:59 PM on September 30, 2024.
Source: GMB
