INSTRUÇÃO NORMATIVA BCB Nº 408, DE 25 DE AGOSTO DE 2023

Amends the Layout and the Complementary Instructions regarding information on credit operations aimed at emergency programs of document 3040 - Credit Risk Data, of the Credit Information System (SCR), as governed by Circular No. 3,870, of December 19, 2017, and Circular Letter No. 3,869, of March 19, 2018.

The Head of the Department of Monitoring of the Financial System (Desig), in the exercise of the authority conferred upon him by Article 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, based on Article 77, item III of said Regulations, having regard to the provisions of Provisional Measure No. 1,176, of June 5, 2023, Resolution CMN No. 5,037, of September 29, 2022, Circular No. 3,870, of December 19, 2017, and Circular Letter No. 3,869, of March 19, 2018,

RESOLVES:

Art. 1º The new versions of the Layout and the Complementary Instructions regarding information on credit operations aimed at emergency programs of document 3040 - Credit Risk Data, available on the Central Bank of Brazil’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/scrdoc3040, enter into force, starting from the September 2023 data base.

Art. 2º The following modifications were made to document 3040:

I - in the Layout:

a) in Annex 37: Regulatory Use Type, inclusion of the domains:

1. 06, with the description “Operations contracted within the scope of the Desenrola Brasil Program (Provisional Measure No. 1,176/2023) - Tier 1”;

2. 07, with the description “Operations contracted within the scope of the Desenrola Brasil Program (Provisional Measure No. 1,176/2023) - Tier 2”;

II - alteration of the document name from “Specific Covid-19 Instructions” to “Complementary Instructions regarding information on credit operations aimed at emergency programs”.

III - in the Complementary Instructions regarding information on credit operations aimed at emergency programs, inclusion of the items:

1. 11, with the description “Renegotiated operations within the scope of the Desenrola Brasil Program - Tier 1 (PMV 1.176/2023)”

2. 12, with the description “Renegotiated operations within the scope of the Desenrola Brasil Program - Tier 2 (PMV 1.176/2023)”.

Art. 3º This Normative Instruction enters into force on September 1, 2023.

Gilneu Francisco Astolfi Vivan

NOTE

The Credit Information System (SCR) is a system in which the credit operations of clients whose direct risk at the financial institution (sum of credit operations, interbank transfers, co-obligations, limits, and credits to be disbursed) is equal to or greater than R$ 200.00 (two hundred reais) are registered. The SCR is managed by the Central Bank and fed monthly by financial institutions, being continuously updated in order to fulfill the functions provided for in Article 2 of Resolution CMN No. 5,037, of September 29, 2022, and in the terms of Circular No. 3,870, of 2017. Credit information must be forwarded through the code 3040 document - Credit Risk Data.

2. On June 5, 2023, Provisional Measure (PMV) No. 1,176 was published, which institutes the Emergency Program for Renegotiation of Debts of Defaulting Individuals – Desenrola Brasil, with the objective of encouraging the renegotiation of private nature debts of individuals registered in defaulters’ lists to reduce their indebtedness and facilitate the return to access the credit market. On June 27, 2023, Normative Ordinance MF No. 634 was published, which establishes requirements, conditions, and procedures for adherence to Desenrola Brasil, based on said PMV.

3. The aforementioned Ordinance established rules for the two qualification tiers of participants:

• tier 1, for debts registered with a value up to R$ 5 thousand;

• tier 2, for debtors with monthly income equal to or less than R$ 20 thousand.

4. On July 13, 2023, Normative Ordinance MF No. 733 was published, which enabled financial institutions created by own law or authorized to operate by the Central Bank of Brazil, that hold authorization to perform credit operations, to offer debt renegotiation within the scope of the Desenrola Brasil Program – Tier 2, starting from July 17, 2023.

5. To enable control in the SCR of operations renegotiated based on the Desenrola Brasil program, 2 pieces of information (domains) are being created to allow the identification of these renegotiations relative to each tier. Furthermore, the document “Complementary Instructions regarding information on credit operations aimed at emergency programs” was also altered aiming to contain information relative to the program.

6. The collection of information on renegotiated operations will allow the Central Bank to control these operations, fulfilling the provisions of the aforementioned PMV, as well as supplying the Ministry of Finance with information regarding the program.

7. Decree No. 10,411, of June 30, 2020, regulates the conduct of regulatory impact analysis (RIA) as a prerequisite to the issuance of normative acts. However, in its Article 4th, said decree establishes the hypotheses for dispensation of conducting an RIA. The changes implemented here aim to facilitate control by the Central Bank and by financial institutions participating in the program of the renegotiated operations, and present a very low cost for their implementation. Therefore, this BCB Normative Instruction falls under the hypothesis provided for in item III, namely, a normative act considered of low impact. In view of the foregoing and based on item III of Article 4 of Decree No. 10,411, of 2020, I understand that the issuance of this BCB NI is dispensed from the conduct of an RIA.

Gilneu Francisco Astolfi Vivan

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