Brazil鈥檚 Secretariat of Prizes and Bets has published an ordinance governing payments for online betting, a move that suggests it is sticking to a new timeline to introduce a regulated market.
The secretariat released a regulatory schedule earlier this month detailing when specific ordinances would be published, but given Brazil鈥檚 track record with hitting deadlines for gambling regulation, industry observers would be forgiven for anticipating further delays.
However, the published on Thursday (April 18) is an indication that the newly-formed Prizes and Bets Secretariat, despite the Brazilian government still not having officially appointed a secretary to lead the agency, is very much in motion.聽
It has been widely reported that Regis Dudena, a seasoned government lawyer, will be stepping up to the plate. Dudena could even be formally nominated to the role of Brazil鈥檚 chief gambling regulatory official as soon as early next week.
Thursday's ordinance expressly bans payments for online betting and gaming made via 鈥渧irtual assets or other types of crypto-assets鈥, as well as through 鈥渃redit cards or any other postpaid payment instruments鈥, while authorising deposits made with instant payment system Pix and debit cards.聽
Pix is a popular electronic payment method launched in 2020. Similar to Venmo in the US and Monzo transfers in the UK, but offered ubiquitously and on a centralised basis, Pix is an instant payment system (SPI) established with the Central Bank of Brazil.聽
Among other things, the ordinance also obliges future licensees in Brazil to provide a minimum R$5m (US$1m) reserve to cover prizes. Prizes and withdrawals must be paid out within two hours of a request by the player.
The new regulation also repeats language included in December鈥檚 Law 14.790 to expressly prohibit operators offering 鈥渁n advance, bonus or prior advantage鈥 to players, although the overall issue of whether bonuses will be banned in their entirety in Brazil鈥檚 regulated market is not necessarily resolved.聽
Lawyers interviewed by 91天堂原創 GamblingCompliance have stressed that the legislative intent is not to prohibit all bonus offers, and industry groups are understood to be advocating for free bets and other retention bonuses to be allowed under the guise of loyalty programmes offered to players.
Other regulatory ordinances that are due to be released in April will address the technical and security requirements for betting systems and establishing rules for licensing. The latter of those is also expected to trigger the start of a licensing process for operators.
Thursday鈥檚 ordinance clarifies Article 21 of December鈥檚 law by confirming that a prohibition on the processing of financial transactions for unlicensed operators will not become effective until six months after licences become available.
In May, further ordinances governing anti-money laundering controls and player rights and operator responsibilities are scheduled. Technical standards for online gaming are among further ordinances planned for June and July.