BCB Normative Instruction No. 247 — Establishes the content and format for information reporting by payment arrangement sponsors and payment service providers in the Brazilian Payments System

BCB NORMATIVE INSTRUCTION NO. 247, OF MARCH 24, 2022

Establishes the content and format for information reporting by sponsors of payment arrangements integrated into the Brazilian Payments System authorized by the Central Bank of Brazil, as well as by payment institutions, financial institutions, and other institutions authorized to operate by the Central Bank of Brazil that provide payment services within the scope of these arrangements.

The Head of the Department of Competition and Financial Market Structure (Decem), using the powers conferred by Art. 97-A, item IX, 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 § 1º, item I, and § 2º of Art. 24 of the Regulation annexed to Resolution BCB No. 150, of October 6, 2021,

RESOLVES:

Art. 1º The content and format for periodic information reporting to the Department of Competition and Financial Market Structure (Decem) are established, by sponsors of payment arrangements integrated into the Brazilian Payments System (SPB), authorized by the Central Bank of Brazil, and by payment institutions, financial institutions, and other institutions authorized to operate by the Central Bank of Brazil that provide payment services within the scope of these arrangements.

Sole Paragraph. Payment institutions, financial institutions, and other institutions authorized to operate by the Central Bank of Brazil that do not participate in payment arrangements integrated into the SPB as issuers or acquirers are exempt from the obligation to report information, provided they request exemption and have the consent of the Central Bank of Brazil.

Art. 2º The institutions referred to in the caput of Art. 1º must send information to Decem regarding their relationships and operations according to models and instructions available on the Central Bank of Brazil's website at https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

§ 1º The information sent must be consolidated by calendar quarter and sent by the last business day of the month following the end of the reference quarter.

§ 2º The institutions referred to in the sole paragraph of Art. 1º must observe the instructions for requesting exemption available on the Central Bank of Brazil's website at https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Art. 3º Circular Letter No. 3,922 and Circular Letter No. 3,923, of December 21, 2018, are revoked.

Art. 4º This Normative Instruction enters into force on April 1, 2022, producing effects for data relating to the first quarter of 2022 and subsequent quarters.

Angelo José Mont Alverne Duarte

NOTE

This Note justifies the issuance of a Normative Instruction under the competence of the Department of Competition and Financial Market Structure (Decem), using the power conferred by Art. 97-A, items V and IX, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015.

2. Document 6333, instituted by Circular Letter 3,923, of December 21, 2018, and documents 6308 and 6334, instituted by Circular Letter No. 3,922, of December 21, 2018, regulate, respectively, the collection of information regarding activities carried out by sponsors of payment arrangements integrated into the SPB authorized by the Central Bank of Brazil, as well as by payment institutions, financial institutions, and other institutions authorized to operate by the Central Bank of Brazil that provide payment services within the scope of these arrangements.

3. Upon the creation of the Department of Competition and Financial Market Structure (Decem), the custody of the information contained in documents 6308, 6333, and 6334 was transferred to this department, previously the responsibility of the Department of Banking Operations and Payment Systems (Deban).

4. With the publication of Decree No. 10,139, of November 28, 2019, it was established the obligation for bodies and entities of the direct, autarchic, and foundational federal public administration to review and consolidate normative acts issued within the scope of their respective competencies. This measure aims to review, update, simplify, and consolidate normative acts, in order to rationalize the regulatory stock.

5. Aiming to align the regulatory framework with the provisions of Decree No. 10,139, of 2019, we proceeded to consolidate and update Circular Letters No. 3,922 and No. 3,923, both of 2018, into a single BCB Normative Instruction, preserving the submission of information necessary for the activities performed by the Central Bank of Brazil.

6. Decree No. 10,411, of June 30, 2020, regulates the conduct of regulatory impact analysis (RIA) as a prerequisite for the issuance of normative acts. It should be noted that in its Art. 3º, it determines that the issuance of normative acts of general interest for economic agents formulated by bodies and entities of the direct, autarchic, and foundational federal public administration must be preceded by a regulatory impact analysis (RIA). However, as provided in items III and IV of Art. 4º, by reasoned decision, the RIA may be waived in the event that the normative act is considered to have low impact or is issued to update norms considered obsolete, without alteration of merit.

7. Considering that the Normative Instruction is intended to clarify the manner of compliance with obligations defined in a hierarchically superior norm (Resolution of the Central Bank of Brazil), and that, at this time, it maintains the relationship of information requested in the current regulation, now consolidated, our understanding is that the normative act meets the necessary aspects for the waiver of RIA.

Ângelo José Mont’Alverne Duarte

Head of the Department of Competition and Financial Market Structure