The Ordinance establishes procedures for complying with the provisions of Article 21 of Law No. 14,790, of December 29, 2023, setting conditions, deadlines, and information submission flows resulting from the prohibition imposed on payment arrangement institutions, as well as financial and payment institutions, from allowing or processing transactions intended for fixed-odds betting with legal entities that have not been authorized to operate in this activity.
With the issuance of the Ordinance, financial institutions and payment institutions are prohibited from opening and maintaining transactional accounts, as regulated by Ordinance SPA/MF No. 615, of April 16, 2024, for individuals and legal entities engaged in fixed-odds lottery betting without proper authorization.
To identify whether the account holder company is authorized by the SPA to operate sports betting and online games, payment institutions must consult the Secretariat's list and, if they detect that they do not have authorization, they must immediately report it to the SPA.
For the purposes of the Ordinance, a transactional account is defined as any deposit or payment account held at a financial or payment institution, used as the destination for financial deposits made by bettors, for maintaining balances related to open bets, or for holding received prizes.
Financial institutions, payment institutions, and payment arrangement institutions must implement procedures and controls to identify indications of individuals and legal entities engaging in iGaming operations without authorization.
In cases where accounts of companies not licensed by the Secretariat for Prizes and Betting (SPA) are detected, companies must report them to SPA through the Electronic Information System (SEI), available at: https://www.gov.br/servicoscompartilhados/pt-br/assuntos/gestaodocumental/sistema-eletronico-de-informacoes-sei.
The information to be provided to SPA includes:
I - Identifying details of suspicious payment transactions;
II - Reasons leading to suspicion regarding the account holder or transaction;
III - Measures taken to prevent such transactions, in compliance with Article 21 of Law No. 14,790, of December 29, 2023, including account closure or blocking actions;
IV - Financial institutions and payment institutions must submit the following details related to the transactional account held by the suspected unauthorized operator or any third party acting on their behalf:
a) Branch number (if applicable) and the account number suspected of direct or indirect use by an unauthorized operator;
b) CPF or CNPJ of the account holder;
c) Date of account opening; and
d) Linked Pix key (if available);
V - Payment arrangement institutions must provide the following details related to a suspected end user:
a) Name and code of the Brazilian Payment System Indicator (ISPB) of the institution issuing the credit, debit, or payment card;
b) Branch number (if applicable) and the account number suspected of use by an unauthorized operator; and
c) CPF or CNPJ of the account holder.
Reports submitted by payment companies will not result in civil or administrative liability for them.
If the SPA identifies that financial and payment institutions are processing transactions intended for betting with unauthorized legal entities, it will notify the institution to provide details of the transactional account and terminate the relationship with the client operating illegally.
Source: GMB
