Joint Instruction No. 3 — Amends Instruction BCB No. 296 of August 22, 2022, regarding credit operation registration with the Public Sector (Cadip)

The Head of the Department of Financial System Monitoring (Desig), in exercise of the authority conferred by Article 23, item I, clause "a", of the Internal Regulations of the Central Bank of Brazil, annexed to BCB Resolution No. 340 of September 21, 2023, based on Article 85, item IV, of said Regulations, and considering the provisions of CMN Resolutions Nos. 4,995 of March 24, 2022, and 5,115 of January 25, 2024, and BCB Resolution No. 196 of March 9, 2022,

RESOLVES:

Art. 1º Article 6 of BCB Instruction No. 296 of August 22, 2022, shall be effective with the following wording:

"Art. 6º......................................................................................................................

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V – UG modality – operations referred to in Article 8, § 1º of CMN Resolution No. 4,995 of 2022 – With Union guarantee, carried out with Empresa Brasileira de Participações em Energia Nuclear e Binacional S/A – ENBPar;

VI – US modality – operations referred to in Article 8, § 1º of CMN Resolution No. 4,995 of 2022 – Without Union guarantee, carried out with Eletrobras Termonuclear S/A – Eletronuclear;

VII – PG modality – operations referred to in Article 8, § 1º of CMN Resolution No. 4,995 of 2022 – With Union guarantee, included within the scope of the New PAC;

VIII – NP modality – operations referred to in Article 8, § 1º of CMN Resolution No. 4,995 of 2022 – Without Union guarantee, included within the scope of the New PAC; or

IX – 3P modality – operations referred to in Article 8, § 1º of CMN Resolution No. 4,995 of 2022 – With Union guarantee, relating to contracting within the scope of Public-Private Partnerships (PPPs)." (NR)

Art. 2º This BCB Instruction enters into force on April 1, 2024.

André Maurício Trindade da Rocha

NOTE

The Credit Operations Registration System with the Public Sector (Cadip), regulated by BCB Resolution No. 196 of March 9, 2022, is an instrument for capturing registration information and recording delinquency, with the objective of allowing the monitoring of the annual global limits of credit operations carried out by financial institutions and other institutions authorized to operate by the Central Bank of Brazil with the public sector, whereby BCB Instruction (IN BCB) No. 296 of August 22, 2022, presents, in a synthetic manner, the procedures necessary for the registration of these operations in Cadip.

2. With the objective of adapting IN BCB No. 296 of 2022 and Cadip, from the normative and operational points of view, respectively, to the changes made in CMN Resolution No. 4,995 of March 24, 2022, by CMN Resolution No. 5,115 of January 25, 2024, this BCB IN promotes the following adjustments:

i) wording alteration in the UG (Article 6, item V) and US (Article 6, item VI) modalities;

ii) inclusion of the PG (Article 6, item VII) and NP (Article 6, item VIII) modalities, to register operations included within the scope of the New PAC, with and without Union guarantee, respectively;

iii) inclusion of the 3P modality (Article 6, item IX), to register operations relating to contracting within the scope of Public-Private Partnerships (PPPs), with Union guarantee.

3. Decree No. 10,411 of June 30, 2020, regulates the carrying out of regulatory impact analysis (RIA) as a prerequisite for the issuance of normative acts. However, in its Article 4º, it establishes the hypotheses for exemption from carrying out RIA. This Instruction Normative falls under the hypotheses of items II and III, namely: II - normative act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives; and III - normative act considered to be of low impact.

4. The classification of this IN under item II of Article 4º of Decree No. 10,411 of 2020 is justified given that the proposed changes aim to adapt the Cadip System to the creation of new limits resulting from the issuance of CMN Resolution No. 5,115 of 2024. Furthermore, as the Cadip System is the system used to monitor the credit limit with the public sector, it is understood that the creation of new modalities in the Cadip system is the most adequate way to receive information on operations related to the new limits, as it is the simplest and lowest cost to implement, both for institutions and for this Central Bank, which also justifies its classification under item III of Article 4º of said Decree.

5. Thus, based on the provisions of paragraphs 3 and 4, I understand that the issuance of this Instruction Normative is exempt from the carrying out of regulatory impact analysis.

André Maurício Trindade da Rocha

Head of the Department of Monitoring of the Financial System (Desig)