BCB Normative Instruction No. 399 — Consolidates procedures for submitting information on liquidity risk exposure control and the Short-Term Liquidity Indicator (LCR)

BCB NORMATIVE INSTRUCTION NO. 399,
OF JUNE 29, 2023

Consolidates the procedures for submitting information on the control of exposure to liquidity risk and on the Short-Term Liquidity Indicator (LCR), as provided for in BCB Resolution No. 207, of March 22, 2022, through document 2160 – Liquidity Risk Statement (DRL).

The Head of the Department of Financial System Monitoring (Desig), in exercise of the powers conferred by Articles 23, item I, letter “a”, and 77, items III and IV, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, and having regard to the provisions of BCB Resolutions No. 207, of March 22, 2022, and No. 327, of June 14, 2023,

R E S O L V E:

Art. 1º This Normative Instruction establishes the procedures for submitting information on the control of exposure to liquidity risk and on the Short-Term Liquidity Indicator (LCR), as provided for in BCB Resolution No. 207, of March 22, 2022.

§ 1º The provisions of this Normative Instruction apply:

I - to financial institutions and other institutions authorized to operate by the Central Bank of Brazil classified in Segment 1 (S1), Segment 2 (S2), Segment 3 (S3), or Segment 4 (S4);

II - to all credit cooperatives that are part of an organized system of three or two levels, regardless of which segment they belong to; and

III - to all prudential conglomerates classified in S1, S2, S3, or S4, as established in CMN Resolution No. 4.553, of January 30, 2017, and BCB Resolution No. 436, of November 28, 2024. (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

§ 2º The provisions of this Normative Instruction do not apply:

I - to development agencies;

II - to payment institutions that are not part of a prudential conglomerate; and

III - to institutions that are part of a Type 2 prudential conglomerate.

Art. 2º The information referred to in Art. 1º must be sent via document code 2160 - Liquidity Risk Statement (DRL), observing the instructions contained in the Annex to this Normative Instruction.

Sole Paragraph. The layout, filling instructions, and other necessary information for the preparation and submission of the document indicated in the caput are available on the Central Bank of Brazil’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Art. 3º As provided in BCB Resolution No. 207, of 2022, the information referred to in Art. 1º comprises:

I - exposure to liquidity risk; and

II - the Short-Term Liquidity (LCR) indicator.

Art. 4º The information corresponding to exposure to liquidity risk, referred to in item I of Art. 3º, must be prepared:

I - by financial institutions and other institutions authorized to operate by the Central Bank of Brazil classified in S1, S2, S3, or S4;

II - by all credit cooperatives that are part of an organized system of three or two levels, regardless of which segment they belong to; and

III - by the leader of the prudential conglomerate, for institutions that are part of a prudential conglomerate: (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

a) on a consolidated basis, in accordance with the consolidation adopted for the calculation of Reference Equity, for institutions classified in segments S1, S2, S3, and S4; and (Added by BCB Normative Instruction No. 755, of July 1, 2026.)

b) on a sub-consolidated basis, within the scope of the prudential sub-conglomerate, defined in Art. 13-A of CMN Resolution No. 4.950, of 2021, for institutions classified in S1. (Added by BCB Normative Instruction No. 755, of July 1, 2026.)

Art. 5º The information corresponding to the Short-Term Liquidity (LCR) indicator, referred to in item II of Art. 3º, must be prepared by financial institutions and other institutions authorized to operate by the Central Bank of Brazil classified in S1.

Sole Paragraph. For institutions that are part of a prudential conglomerate, the information referred to in the caput must be prepared: (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

I - on a consolidated basis, in accordance with the consolidation adopted for the calculation of Reference Equity; and (Added by BCB Normative Instruction No. 755, of July 1, 2026.)

II - on a sub-consolidated basis, within the scope of the prudential sub-conglomerate, defined in Art. 13-A of CMN Resolution No. 4.950, of 2021. (Added by BCB Normative Instruction No. 755, of July 1, 2026.)

Art. 6º The Document referred to in Art. 2º must be submitted monthly by the tenth business day of the month following the corresponding reference date.

§ 1º As provided in Art. 4º of BCB Resolution No. 207, of 2022, the submission referred to in the caput must be made:

I - by the leading institution of each prudential conglomerate, on a consolidated basis, regarding the information of institutions that are part of the same conglomerate; (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

II - by cooperative banks, by confederations constituted by central credit cooperatives, or by central credit cooperatives, regarding the information of all cooperatives that are part of organized systems of three or two levels, on an individual basis; (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

III - by financial institutions and other institutions authorized to operate by the Central Bank of Brazil that are not part of a prudential conglomerate and by cooperatives that are not part of an organized system of three or two levels; and (Amended by BCB Normative Instruction No. 755, of July 1, 2026.)

IV - by the leading institution of each prudential conglomerate, on a sub-consolidated basis, regarding the information of institutions that are part of the sub-conglomerate, for institutions classified in S1. (Added by BCB Normative Instruction No. 755, of July 1, 2026.)

§ 2º Payment institutions that are the leaders of a Type 3 prudential conglomerate are included in item I of § 1º of this Article.

Art. 7º The DRL referred to in Art. 2º is available in two models:

I - Model I: to be submitted by financial institutions and other institutions authorized to operate by the Central Bank of Brazil referred to in Art. 6º, classified in S1; and

II - Model II: to be submitted by financial institutions and other institutions authorized to operate by the Central Bank of Brazil referred to in Art. 6º, except for institutions classified in S1.

Art. 8º The information referred to in Art. 1º must be calculated:

I - in Model I:

a) every business day, for accounts 1 to 4 and sub-accounts, in view of the provisions of Circular No. 3.749, of March 5, 2015; and

b) on the last business day of each month for accounts 5 and sub-accounts.

II - in Model II: on the last business day of each month.

Art. 9º The institutions referred to in Art. 5º must calculate daily the balances of accounts 1 to 4 and sub-accounts of Model I of the DRL, except as provided in Art. 45-A of Circular No. 3.749, of March 5, 2015, and must submit the information calculated for all banking business days, in accordance with CMN Resolution No. 4.880, of December 23, 2020.

Art. 10. For the calculation referred to in Art. 9º, the following must be observed:

I - accounts that do not meet the criteria established in Art. 45-A of Circular No. 3.749, of 2015, and therefore must have their parameters and amounts calculated daily;

II - accounts that may have their parameters and amounts estimated on non-daily bases, respecting the criteria and deadlines established in Art. 45-A of Circular No. 3.749, of 2015; and

III - accounts that must have their amounts calculated daily, but whose calculation parameters may be estimated on non-daily bases, respecting the criteria and deadlines established in Art. 45-A of Circular No. 3.749, of 2015.

§1º The accounts referred to in items I, II, and III of the caput are defined in the Filling Instructions, as provided in the Sole Paragraph of Art. 2º of this Normative Instruction.

§2º The dates of parameterization and closing of amounts estimated on non-daily bases must be reported, respecting the criteria and deadlines established in Art. 45-A of Circular No. 3.749, of 2015.

§3º The most recent available information regarding parameters and amounts estimated on non-daily bases must be used.

§4º Information regarding parameters and amounts estimated on non-daily bases must have a maximum lag of 60 days relative to the LCR reference date.

Art. 11. The institutions mentioned in Art. 6º must indicate an employee qualified to answer any questions regarding the information provided in accordance with this Normative Instruction.

Art. 12. The indications referred to in Art. 6º of BCB Resolution No. 207, of 2022, and in Art. 11 of this Normative Instruction must be registered and kept updated in the Information System on Entities of Interest of the Central Bank (Unicad), as provided in BCB Resolution No. 209, of March 22, 2022.

Art. 13. The following are repealed:

I - Circular Letter No. 3.756, of February 22, 2016;

II - Circular Letter No. 3.768, of May 27, 2016;

III - Circular Letter No. 3.775, of July 14, 2016;

IV - Circular Letter No. 3.812, of March 31, 2017;

V - Circular Letter No. 3.834, of August 4, 2017;

VI - Circular Letter No. 3.859, of December 28, 2017; and

VII - Circular Letter No. 4.012, of March 10, 2020.

Art. 14. This Normative Instruction enters into force on July 1, 2023.

Gilneu Francisco Astolfi Vivan

Annex to BCB Normative Instruction No. 399, of June 29, 2023

DRL Coding and Other Characteristics:

Document Code: 2160.

Document Name: Liquidity Risk Statement (DRL).

Submission Frequency: Monthly.

Submission Deadline: Tenth business day of the month following the corresponding reference date.

Reference Date for Calculation:

a) Model I:

1-every business day, for accounts 1 to 4 and sub-accounts; and

2-the last business day of each month for accounts 5 and sub-accounts.

b) Model II: last business day of each month.

Responsible Unit for Curation: Department of Financial System Monitoring (Desig).

Submission Method: Electronic means.

Submission System: File Transfer System (STA), available on the Central Bank of Brazil’s website at the address https://sta.bcb.gov.br/sta/.

Submission Format: XML (eXtensible Markup Language).

Submission Validation: Anticipated.

Validation Schema for Submission: XSD (XML Schema Definition).

Additional Elements for Submission: Layout, Filling Instructions, and other information available on the Central Bank of Brazil’s website at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Director Responsible for Submission: Director resp. risk management–CRO – Res.4557 art44.

Responsible Director Registration: In the “Links – Inclusion – Director Responsible for Area of Activity” module of Unicad.

Registration of Employee Indicated to Answer Questions: In the “Links – Inclusion – Resp. for Liquidity Risk Statement Information – DRL” module.

Electronic Address for Resolving Questions Regarding Document Submission: drl-envio@bcb.gov.br

Electronic Address for Resolving Questions Regarding Document Filling: drl-preenchimento@bcb.gov.br

Institutions Obligated to Submit:

Model I: to be submitted by financial institutions and other institutions authorized to operate by the Central Bank of Brazil referred to in Art. 6º, classified in S1; and

Model II: to be submitted by financial institutions and other institutions authorized to operate by the Central Bank of Brazil referred to in Art. 6º, except for institutions classified in S1.

NOTE

The Liquidity Risk Statement (DRL), code 2160, regulated by BCB Resolution No. 207, of March 22, 2022, aims to collect monthly information regarding exposures to liquidity risk to which institutions classified in Segment 1 (S1), Segment 2 (S2), Segment 3 (S3), or Segment 4 (S4) are subject, and the Short-Term Liquidity (LCR) indicator, strictly for institutions belonging to Segment 1 (S1).

2. Decree No. 10.139, of November 28, 2019, establishes the obligation for federal direct, autarchic, and foundational public administration bodies and entities 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. Based on the cited decree, we proceeded to consolidate and update, in a single BCB Normative Instruction (IN BCB), the circular letters dealing with the DRL.

3. In this context, the alterations proposed within the scope of this consolidation aim to:

i) adapt the DRL to the new normative provisions established by BCB Resolution No. 207, of March 22, 2022, expanding the scope of institutions obliged to prepare and submit information, and providing that the submission of information from cooperatives belonging to organized systems of three or two levels be done centrally by the cooperative systems;

ii) adapt the DRL to the new normative provisions established by BCB Resolution No. 327, of June 14, 2023, including the Type 3 conglomerate in the list of institutions that must submit the DRL and clarifying that the information referred to in BCB Resolution No. 207, of 2022, must be prepared and submitted from the first reference date on which the institution authorized to operate by the Central Bank of Brazil is in effective operation; and

iii) promote wording adjustments to facilitate understanding of the established procedures.

4. Decree No. 10.139, of 2019, establishes as a rule that the entry into force of normative acts shall always occur on the first day of the month or on its first business day, with a minimum interval of one week after publication for effects to be produced. In view of the fact that BCB Resolution No. 327, of 2023, will enter into force on July 1, 2023, impacting the list of submitters of the information referred to in this IN BCB, it is necessary to define July 1, 2023, as the entry into force date of this IN BCB, based on the prerogative established in the sole paragraph of Art. 4º of the aforementioned decree.

5. Decree No. 10.411, of June 30, 2020, regulated the conduct of regulatory impact analysis (RIA) as a prerequisite for the issuance of a normative act. However, in its Art. 3º, § 2º, VI, the aforementioned decree establishes the cases in which the preparation of an RIA does not apply. This Normative Instruction falls under item VI of § 2º of the aforementioned article, as it consolidates in a single normative act the norms on specific matters.

6. Additionally, Decree No. 10.411, of 2020, in its Article 4º, establishes the hypotheses for dispensing with the conduct of an RIA. This Normative Instruction falls under three of these hypotheses, namely: items 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; III - normative act considered low impact; and VI - normative act intended to maintain convergence to international standards. Thus, based on items II, III, and VI of Art. 4º of Decree No. 10.411, of 2020, I understand that the issuance of this Normative Instruction dispenses with the conduct of an RIA.

Gilneu Francisco Astolfi Vivan
Head of the Department of Financial System Monitoring (Desig)