BCB Instruction No. 382 of May 16, 2023 — Amends BCB Instruction No. 243 Regarding Direct Participation in the Instant Payment System (SPI) and Account Opening Procedures

BCB INSTRUCTION NO. 382, OF MAY 16, 2023

Amends BCB Instruction No. 243, of March 16, 2022, which disseminates procedures to be observed for direct participation in the Instant Payment System (SPI), for opening the Instant Payments Account (Conta PI), and defines the maximum time limits for validation and settlement of instant payment orders, as provided for in the Regulation attached to BCB Resolution No. 195, of March 3, 2022.

The Head of the Department of Banking Operations and Payment Systems (Deban), using the powers conferred by Art. 23, item I, letter “a”, and by Art. 111, item V, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, and taking into account the provisions of the Regulation attached to BCB Resolution No. 195, of March 3, 2022,

RESOLVES:

Art. 1º BCB Instruction No. 243, of March 16, 2022, shall enter into force with the following alterations:

“Art. 15. ...........……………..................................................................................

§ 1º The applicant must, by the business day preceding the date scheduled for the start of operations in the SPI production environment:

I - send the digital certificates, according to the specifications contained in the “SFN Network Manual”, “Communication Interfaces Manual”, “SFN Security Manual” and “Pix Security Manual”, available on the Central Bank of Brazil website; and

II - test connectivity (send a PIBR.001 message and successfully receive the PIBR.002 from the SPI).

§ 2º Failure to comply with the deadline set forth in § 1º implies cancellation of the procedure for the start of operations in the SPI production environment and the need to inform new dates and times scheduled for the start of operations.” (NR)

“Section IV
Procedures for altering the SPI participation mode from indirect to direct

Art. 17-A. The process for altering the applicant’s SPI participation mode from indirect to direct is equivalent to the process for requesting direct participation in the SPI and opening a Conta PI.

§ 1º The request to alter the mode must be formalized with Decem, according to procedures established by that department.

§ 2º The applicant must observe the other procedures established in Chapter I, Sections I to III, of this Instruction.

Art. 17-B. In the process of altering the applicant to become a direct participant in the SPI, the disassociation of the SPI liquidator from the indirect participant will be carried out by Deban, without sending the REDA.031 message by the liquidator.” (NR)

“Section V
Procedures for altering the SPI participation mode from direct to indirect

Art. 17-C. The process for altering the SPI participation mode from direct to indirect is equivalent to a process for closing the Conta PI at the holder's request, with maintenance of participation in the Pix arrangement.

Art. 17-D. The applicant must request the closure of the Conta PI to Deban through correspondence signed by a legally authorized representative, at least 10 (ten) business days in advance of the closure date.

Sole Paragraph. In the correspondence referred to in the caput, the applicant must inform the desired date and time for the closure of the Conta PI, as well as the desired date and time for the alteration as an indirect participant in the SPI, observing that the date for the alteration must be, at minimum, 1 (one) business day after the closure of the Conta PI.

Art. 17-E. The registration of the indirect participant in the SPI will be carried out by sending the REDA.014 message by the liquidator after the conclusion of the alteration procedure set forth in the sole paragraph of Art. 17-D.” (NR)

Art. 2º This Instruction enters into force on June 1, 2023.

Rogério Antônio Lucca

NOTE

The SPI Regulation, attached to BCB Resolution No. 195, of March 3, 2022, provides, in its Art. 14, regarding the possible participation modes in the SPI. The choice of the type of mode is formalized by the applicant during the start of the adherence process to the Pix arrangement, being their free choice, observing the restrictions contained in §§ 1º to 3º of said article.

Over time and consolidation of operations, some participants have requested the alteration of the type of mode initially chosen.

Thus, this Instruction aims to clarify the procedures for altering the SPI participation mode, whether from indirect to direct or from direct to indirect, upon request of the applicant, observing the principles of the Regulation attached to BCB Resolution No. 195, of 2022.

At this opportunity, clarification is being included regarding the deadline for sending digital certificates and connectivity tests by applicants for direct participation in the SPI, a security requirement indispensable for the issuance of credit orders by direct participants under Art. 34 of the Regulation attached to BCB Resolution No. 195, of 2022.

Since it is a normative act that disciplines rights or obligations defined in a hierarchically superior norm and which only guides the execution of rights and clarifies procedures without causing an express increase in costs for economic agents or users of the services provided, the preparation of a regulatory impact analysis (AIR) is dispensed with, as provided in Art. 4º, items II and III, combined with Art. 2º, item II, of Decree No. 10.411, of June 30, 2020.

Rogério Antônio Lucca

Head of the Department of Banking Operations and Payment Systems