The transfers to entities of the National Sports System must be made, corresponding to the 36% allocated to the sports area, in the following manner:
I - by means of distribution of resources proportional to the revenue from the fixed-odds betting lottery obtained in each sports competition; and
II - in accordance with the competition regulations or similar instrument that governs the division of resources provided for in art. 30, § 1º-A, item III, item "a", of Law No. 13,756, of 2018.
The Ordinance establishes that the consideration for the use or assignment of image rights and other intangible rights of athletes for the promotion and execution of the fixed-odds betting lottery will be agreed upon in a civil contractual agreement.
When the participants of the sporting event are not part of an entity of the National Sports System and when the organization of the competition is not carried out by a Brazilian entity, the transfers will be fully reverted to the national organization administering the sport in question.
In the event that a national practice entity takes part in an international competition not organized by a Brazilian entity, the transfers must be made per match or game, individually, and will be divided equally between the national organization administering the sport and the national practice entities.
In the case of foreign competitions with the participation of Brazilian athletes or clubs, the rules of the international competition for the international betting market will apply.
In cases where there are no competition regulations, it will be up to the betting agent to seek out the competition organizers to verify the possibility of establishing specific regulations on the subject, under penalty of the impossibility of constituting the event as the object of fixed-odds betting.
The betting agents may establish a non-profit private law association to organize, systematize and rationalize the operationalization of the transfers referred to in the Ordinance. The association established based on this article will act exclusively in the distribution and operationalization of the transfers to the legal beneficiaries.
The betting agents may establish more than one association for the purposes provided for in the Ordinance, and simultaneous membership in more than one association is prohibited.
With the act of membership, the association becomes the agent of the betting agent for the purposes of making the transfers of the allocation of resources regulated in the Ordinance, as well as for the rendering of accounts to the Public Authorities and the legal beneficiaries, without prejudice to the liability of the betting agents.
The associations created are responsible for receiving the expected financial contributions, transferring the amounts to the legal beneficiaries on a monthly basis, indicating the volume of bets collected in each competition subject to bets, and sending the data received from operators and those related to calculations and payments to the Secretariat of Prizes and Betting on a monthly basis.
They must also report annually on the transfers made to the Government and to the legal beneficiaries, adopting the best practices of integrity and corporate governance in the management of resources.
Source: GMB
