On September 17, 2024, Ordinance SPA/MF 1,475/2024 came into effect, outlining the conditions and deadlines for compliance adjustment, until December 31, 2024, for legal entities engaged in the fixed-odds betting lottery format, commonly known as BETs.
This Ordinance establishes the rule that, starting October 1, 2024, only active BETs that have submitted their authorization request to the Ministry of Finance by the publication date of the Ordinance (September 17, 2024) will be considered in the adjustment period and may operate prior to authorization by the SPA/MF. This adjustment period ends on December 31, 2024, according to SPA/MF Ordinance 827/2024.
A question arises as to the validity of the new time limit for operating BETs. This is because the BETs Law (Law 14,790/2013) stipulates that the Ministry of Finance will establish "conditions and deadlines, not less than six months, for the compliance of legal entities that are in operation with the provisions of this Law and the regulations it establishes" (Article 9, sole paragraph). Since Ordinance 827/2024, which regulates the authorization procedure, including the adjustment period, set the deadline until December 31, 2024, it was expected that there would be at least the minimum six months for BETs to adapt.
However, the new Ordinance reduced the operating deadline for BETs that had not submitted requests prior to the publication of Ordinance 1,475/2024. From December 31, 2024, it was cut short to September 30, 2024.
Here are some effects of the new ordinance:
BETs That Have Not Requested Authorization by the Publication of Ordinance 1,475/2024:
- Starting October 1, 2024, the operation of BETs in Brazil by any legal entity without authorization from SPA or by legal entities that have not submitted an authorization request by September 16, 2024, shall be prohibited.
- Notifications for the blocking and removal of applications offering the service will begin on October 11.
- Bettors have until October 10, 2024 to withdraw their entitled deposits from BET sites. They have the right to receive their deposited amounts upon request.
BETs That Have Submitted Authorization Requests Before the Publication of Ordinance 1,475/2024:
- They have until September 30, 2024, to inform SPA of the active brands and Internet domains where they will provide services during the adjustment period. The Ordinance includes an Annex for this purpose. Only these brands and sites will be allowed to operate until December 31, 2024.
- Starting January 1, 2025, only BETs with a Brazilian Internet domain, with the extension ".bet.br," will be permitted to operate in Brazil, which shall be exclusive for duly authorized BETs.
During the adjustment period (until December 31, 2024), all duties and penalties outlined for violations of current legislation will remain in effect, such as:
- Statute of the Child and Adolescent (ECA) - Law 8,069/1990;
- Consumer Protection Code (CDC) - Law 8,078/1990;
- Law on Crimes Against the National Financial System - Law 7,492/1986; and
- Law on Money Laundering - Law 9,613/1998.
At any time, surveillance authorities may request documents from operating BETs to verify compliance. According to a statement from the Ministry of Finance, BETs that are not currently operating—such as through websites or apps—cannot initiate operations during the compliance period and must wait for authorization to operate upon grant of authorization by SPA.
There is nothing preventing Brazilian companies interested in operating in this market from continuing to submit their requests in accordance with SPA/MF Ordinance 827/2024. In such case, they will enter the SPAs review queue and wait for authorization to operate their BETs. They will only be allowed to start operating after the grant of authorization.