2026-05-04 | Instrução Normativa BCB 732The Central Bank of Brazil issued Instruction Normative No. 732 to implement a Supreme Federal Court ruling prohibiting cash withdrawals from funds derived from parliamentary amendments. The regulation amends Circular Letter No. 4,001 by adding the attempt to provision or withdraw such funds as a suspicious activity indicator for anti-money laundering reporting. This measure ensures authorized institutions align their monitoring procedures with the court's decision to prevent the concealment of assets.
Resolution No. 222
INSTRUCTION NORMATIVE BCB No. 732, OF MAY 4, 2026
Amends Circular Letter No. 4,001, of January 29, 2020, which publishes a list of operations and situations that may constitute indications of the occurrence of the crimes of "money laundering" or concealment of assets, rights, and values, as governed by Law No. 9,613, of March 3, 1998, and of terrorism financing, provided for in Law No. 13,260, of March 16, 2016, subject to communication to the Financial Activities Control Council (Coaf), and publishes a decision of the Supreme Federal Court (STF) regarding cash withdrawals of values derived from parliamentary amendments.
The Heads of the Financial System Regulation Department (Denor) and the Conduct Supervision Department (Decon) of the Central Bank of Brazil, in the exercise of the authority conferred upon them by art. 23, item I, letter "a", of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023,
R E S O L V E:
Art. 1º The Circular Letter No. 4,001, of January 29, 2020, shall enter into force with the following alterations:
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o) attempt to provision or withdraw cash of values originating from parliamentary amendments from accounts destined for the receipt of these resources;
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Art. 2º By virtue of a decision rendered by the Minister of the Supreme Federal Court (STF) rapporteur of the Argument of Non-compliance with a Fundamental Precept (ADPF) No. 854/DF in its proceedings on March 3, 2026, it is prohibited, in accordance with that decision, “the making of cash withdrawals of values originating from parliamentary amendments, including those transferred to accounts of final beneficiary companies of the resources, subject to the appropriate segregation.”
Art. 3º This Instruction Normative enters into force on the date of its publication.
MARDILSON FERNANDES QUEIROZ GUSTAVO MARTINS DOS SANTOS Head of Denor Head of Decon
NOTE 388/2026-BCB/DENOR, OF MAY 4, 2026
Proposes the issuance of an instruction normative to amend Circular Letter No. 4,001, of January 29 , 2020, which publishes a list of operations and situations that may constitute indications of the occurrence of the crimes of "money laundering" or concealment of assets, rights, and values, and of terrorism financing, subject to communication to the Financial Activities Control Council (Coaf), and publishes a decision of the Supreme Federal Court (STF) regarding cash withdrawals of values derived from parliamentary amendments.
Gentlemen Heads of Denor and Decon,
In the context of the Argument of Non-compliance with a Fundamental Precept (ADPF) No. 854/DF, the
Rapporteur Minister of the Supreme Federal Court (STF) prohibited “the making of cash withdrawals of values originating from parliamentary amendments, including those transferred to accounts of final beneficiary companies of the resources, subject to the appropriate segregation.”
In order to
orient the institutions authorized to operate by this autarchy regarding this decision, we deem it appropriate to issue an instruction normative to publish the terms of the aforementioned prohibition.
In
complement, we assess it to be adequate to promote a targeted adjustment in Circular Letter No. 4,001, of January 29, 2020, which publishes a list of operations and situations that may constitute indications of the occurrence of the crimes of “money laundering” or concealment of assets, rights, and values, as governed by Law No. 9,613, of March 3 , 1998, and of terrorism financing, provided for in Law No. 13,260, of March 16, 2016, subject to communication to the Financial Activities Control Council (Coaf).
In this
sense, we propose incorporating into the list of operations or situations that exemplify the occurrence of suspicion indicators for the purposes of the procedures of monitoring and selection provided for in the aforementioned Circular Letter No. 4,001, of 2020, the situation of attempt to provision or withdraw cash of values originating from parliamentary amendments from accounts destined for the receipt of these resources.
This adjustment
will assist not only in the effectiveness of the monitoring of these specific situations by authorized institutions, but also in the conduct supervision regarding the controls adopted by these institutions for their proper treatment, which will reinforce compliance with the STF decision.
It is worth
highlighting that, by virtue of art. 5 of Law No. 13,874, of September 20 , 2019, proposals for the issuance and amendment of normative acts of general interest to economic agents or users of the services provided, issued by an agency or entity of the federal public administration, including autarchies and public foundations, shall be preceded by the realization of a regulatory impact analysis (AIR), which shall contain information and data on the possible effects of the normative act to verify the reasonableness of its economic impact.
In turn, Decree No. 10,411, of June 30, 2020, which regulates this Law, in its art. 4, items II, establishes that the AIR may be waived, provided there is a reasoned decision by the competent agency or entity, in the cases of
normative act intended to discipline rights or obligations defined in a norm of hierarchically superior status that does not allow, technically or legally, different regulatory alternatives.
In this
sense, considering that the present proposal for instruction normative stems from a decision of the Supreme Federal Court, we understand that the realization of AIR is waived.
For your consideration.
Renato Kiyotaka Uema Deputy Head
Agreed.
MARDILSON FERNANDES QUEIROZ GUSTAVO MARTINS DOS SANTOS Head of the Regulation Department Head of the Financial System