Resolution No. 5, of July 2, 1999 - Revoked

Published on 17/09/2020 01:39 Modified on 16/12/2020 15:35

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Provides for the procedures to be observed by legal entities that operate bingo and/or similar games

The President of the Financial Activities Control Council - COAF, using the authority granted by item IV of Article 9 of the Statute approved by Decree No. 2,799, of October 8, 1998, makes it public that the Plenary of the Council, in a session held on June 30, 1999, based on Articles 9, Sole Paragraph, item VI, and 14 of Law No. 9,613, of March 3, 1998, resolved:

Section I
Preliminary Provisions

Article 1. With the objective of preventing and combating the crimes of "money laundering" or concealment of assets, rights, and values, as established in Law No. 9,613, of March 3, 1998, regulated by Decree No. 2,799, of October 8, 1998, legal entities that operate bingo and/or similar games shall observe the provisions contained in this Resolution.

Sole Paragraph. Legal entities that perform the activities related to the caput of this article on a permanent or occasional basis, as a main or ancillary activity, cumulatively or not, in their various modalities, fall under the provisions of this Resolution.

Section II
Identification of Winners and Maintenance of Records

Article 2. The entities mentioned in Article 1 must identify all prize winners and maintain a record of any delivery and/or payment of a prize with a value equal to or greater than R$ 2,000.00 (two thousand reais).

Article 3. The record must include the type of prize, the description of the asset, the value, the date of delivery and/or payment, and, at a minimum, the following information about the prize winner:

I - name;

II - identification document number, name of the issuing authority, and date of issuance, or passport or civil registry data, if foreign;

III - registration number in the Individual Taxpayer Registry - CPF;

IV - complete residential and commercial addresses; and

V - declaration that the winner is not affiliated with the sports entity, the bingo administrator, or the operator.

Section III
Registration of Commercial Administrative Companies

Article 4. Sports entities, in addition to observing the requirements provided in Article 91 of Decree No. 2,574, of April 29, 1998, must keep the following information in a file, updated, regarding the qualification of owners, controllers, and representatives of bingo administrators and operators:

I - name, sex, date of birth, parentage, place of birth, marital status, and name of spouse or partner;

II - identification document number, name of the issuing authority, and date of issuance, or passport or civil registry data, if foreign;

III - registration number in the Individual Taxpayer Registry - CPF;

IV - complete residential and commercial addresses (street, complement, neighborhood, city, state, ZIP code), phone; and

V - main activity developed, current and previous.

Section IV
Suspicious Transactions

Article 5. Legal entities that operate bingo and/or similar games shall pay special attention to prizes or distributions that, according to the Annex to this Resolution, may constitute serious indications of the crimes provided for in Law No. 9,613, of 1998, or be related to them.

Section V
Communications to COAF

Article 6. Legal entities that operate bingo and/or similar games must communicate to COAF, within twenty-four hours, refraining from informing the winners of such act, any delivery and/or payment of prizes, assets, and values that may constitute the scenarios provided for in Article 5 of this Resolution.

Article 7. Communications to COAF, made in good faith, as provided for in § 2 of Article 11 of Law No. 9,613, of 1998, shall not entail civil or administrative liability.

Article 8. The information mentioned in Article 6 may be sent via electronic process.

Section VI
General and Final Provisions

Article 9. Legal entities that operate bingo and/or similar games must:

I - keep the records provided for in this Resolution for a minimum period of five years, from the delivery and/or payment of the prize;

II - indicate to COAF, by July 30, 1999, the name and qualification of the person responsible for fulfilling the obligations established herein; and

III - comply, at any time, with information requests made by COAF.

Article 10. COAF may enter into an agreement with the National Institute for Sports Development - INDESP, an agency of the Ministry of Sports and Tourism, with the purpose of promoting information exchange, within the scope of Law No. 9,613, of 1998.

Article 11. Non-compliance with the obligations of this Resolution will result in the application by COAF of the sanctions provided for in Article 12 of Law No. 9,613, of 1998, as provided in Decree No. 2,799, of 1998, and in the Ordinance of the Minister of State for Finance No. 330, of December 18, 1998.

Article 12. COAF will make an electronic address on the Internet available for receiving communications.

Article 13. The Presidency of the Council is authorized to issue complementary instructions for this Resolution, especially regarding the provisions contained in Section V - Communications to COAF.

Article 14. This Resolution enters into force on the date of its publication, producing effects from August 2, 1999.

Brasília, July 2, 1999.

Adrienne Giannetti Nelson de Senna

Annex
List of suspicious transactions

1. Player whose volume of wagered resources is disproportionate to the expected prize.

2. Monthly accumulated prize for the same winner, in more than one draw, exceeding R$ 5,000.00 (five thousand reais).

3. Quarterly accumulated prize for the same winner, in more than one draw, exceeding R$ 10,000.00 (ten thousand reais).

4. Annual accumulated prize for the same winner, in more than one draw, exceeding R$ 30,000.00 (thirty thousand reais).

5. Payment of prize in value greater than the revenue collected.

6. Situations where the winner is, at the same time, affiliated with the sports entity and the administrator and/or operator.

7. Other transactions that, due to their characteristics, regarding involved parties, values, method of execution, instruments used, or lack of economic or legal basis, may constitute scenarios of crimes provided for in Law No. 9,613, of March 3, 1998, or be related to them.