BCB Normative Instruction No. 758 — Amends MCR - Document 1 to adjust deadlines for record changes and guide financial institutions on procedures for reversing disqualifications in the Rural Credit Operations System

The Head of the Department of Regulation, Supervision and Control of Rural Credit and Proagro Operations (Derop), in the exercise of the powers conferred upon him by art. 23, item I, subparagraph "a", of the Internal Regulations of the Central Bank of Brazil, disclosed by means of BCB Resolution No. 340, of September 21, 2023, and in view of the provisions of item 4 of Section 6 (Accounting and Control) of Chapter 3 (Operations) and subparagraph "m" of item 1 of Section 1 (General Provisions) of Chapter 12 of the Rural Credit Manual (MCR), R E S O L V E S: Article 1 Item 18 of MCR - Document 1 (Requirements and Filling Instructions for the Rural Credit and Proagro Operations System - Sicor) of the Rural Credit Manual (MCR) shall now be in force with the following amendment: “18 - ................................................................... a) in undertakings with Proagro adherence, the following fields may be altered within 40 (forty) days after the date of issuance of the credit instrument: I - 7 (Due Date), except in cases of extension or renegotiation, in which case subsequent alteration is possible by filling in the legal basis; II - 9 (Total Operation Value), 10 (Resource Release), 20 (Program or Credit Line), 28 (Undertaking Code), 31 (Credit Installment Value), 40 (Own Resources Installment Value), 41 (Minimum Income Guarantee Installment Value in Costing Operations Supported by Proagro Mais), 42 (Insurance Modality) 43 (Proagro Rate), 46 (Production Forecast), 48 (Expected Gross Revenue Value of Undertaking - RBE), 49 (Expected Planting/Sowing Period), 52 (Identification in the Rural Environmental Registry) and 59 (Original Operation Reimbursement Schedule); b) ...................................................................... I - Field 7 (Due Date) may be altered within 60 days after the date of issuance of the credit instrument, except in cases of extension or renegotiation, in which case subsequent alteration is possible by filling in the legal basis; II - when the area referring to the new Rural Environmental Registry - CAR number does not have territorial overlap with the area referring to the CAR presented at the time of contracting, field 52 (Identification in the Rural Environmental Registry) may be altered within 40 (forty) days after the date of issuance of the credit instrument; III - the following fields may be altered within 60 (sixty) days after the date of issuance of the credit instrument: 9 (Total Operation Value), 10 (Resource Release), 24 (Municipality Code), 28 (Undertaking Code), 31 (Credit Installment Value), 40 (Own Resources Installment Value), 46 (Production Forecast), 48 (Expected Gross Revenue Value of Undertaking - RBE) and 59 (Original Operation Reimbursement Schedule); IV - the following fields may be altered within 180 (one hundred and eighty) days after the date of issuance of the credit instrument: 20 (Program or Credit Line), 21 (Sub-Program) and 49 (Expected Planting/Sowing Period); V - provided that the area referring to the new CAR number has any territorial overlap with the area referring to the CAR presented at the time of contracting, field 52 (Identification in the Rural Environmental Registry) may be altered until the operation's due date; c) in all undertakings, regardless of Proagro adherence, the following fields may be altered within 40 (forty) days from the issuance of the credit instrument: 56 (Bacen Rural Investment Ref), 57 (CNPJ FI Lending Rural Investment) and 58 (Rural Investment Installment Value); d) in all undertakings, regardless of Proagro adherence, Field 25 (Undertaking/Plot Location) may be altered within 30 (thirty) days after the planting end date, as informed in Field 49 (Expected Planting/Sowing Period), except when Field 49 (Expected Planting/Sowing Period) is not applicable to the undertaking, in which case the deadlines will be as follows: I - up to 90 (ninety) days after the date of issuance of the credit instrument, in undertakings without Proagro adherence; II - up to 40 (forty) days after the date of issuance of the credit instrument, in undertakings with Proagro adherence; e) in all undertakings, regardless of Proagro adherence, if the CAR presented at the time of contracting has been canceled, the alteration of Field 52 (Identification in the Rural Environmental Registry) must observe the deadlines set forth in subparagraph "d"; f) Fields 3 (Bacen Ref), 4 (Institution/Agency CNPJ), 6 (Issuance Date), 12 (Beneficiary CNPJ/CPF), 13 (Cooperative/Integrated Beneficiary CNPJ/CPF) and 23 (DAP) cannot be altered; g) the other static fields not mentioned in subparagraphs "a" to "f" may be altered as long as the undertaking remains registered in Sicor.” (NR) Article 2 The Content and Guidance of Static Fields 1 to 70 of MCR - Document 1 of the MCR shall now be in force with the following amendment: “Field 49 - Expected Planting/Sowing Period: inform the expected start and end dates for the planting/sowing of the undertaking, which must be the same as those expressed in the budget, plan or project. The field is expressed in DD/MM/YYYY. Notes: a) for example, forecast for soybean sowing between 01/10/2015 and 10/11/2015. b) the deadlines for planting/sowing established by Zarc must be observed when the undertaking is subject to this requirement.”(NR) “Field 52 - ............................................................. Note: Field 52 must be updated within the validity period of the credit instrument whenever an alteration in the CAR number of the undertaking's property is identified, observing the following conditions: a) updates are subject to the deadlines and conditions referred to in item 18; b) if the financial institution identifies an irregularity in the CAR alteration, it must adopt the measures provided for in MCR 2-8 and, when applicable, in MCR 2-7-21; c) the undertaking's area must be included in the area referring to the new CAR number;” (NR) “Field 60-B -............................................................ Note: The reversal of disqualification may be carried out by the financial institution, observing the following procedures and conditions: a) alteration of statuses SOR08 (Totally Disqualified) or SOR13 (Partially Disqualified) must be carried out through web corrections, in the SCR Management Panel, or as indicated by the managing area of that system, for correction of Doc 3040; b) disqualifications made as a result of BC supervision actions cannot be reversed, unless expressly authorized by the BC; c) the procedures for reversal of disqualification will be carried out in Sicor-web by the director responsible for the rural credit area, who must record, for each operation, the supporting documentation for the justifications for the reversal; d) Sicor will identify the operation whose disqualification has been reversed, excluding the data from the respective fields of the Partial/Total Disqualification Group(s); e) the documentation supporting the reversal of disqualification must be kept available to the BC for the period provided for in the legal and regulatory norms applicable to the production and management of documents related to operations and transactions carried out by financial institutions.”(NR) Article 3 MCR - Document 1 of the MCR is available on the Central Bank of Brazil's website, on the MCR consultation page, available at www3.bcb.gov.br/mcr. Article 4 This BCB Normative Instruction comes into force on the date of its publication. Claudio Filgueiras Pacheco Moreira Head of the Department of Regulation, Supervision and Control of Rural Credit and Proagro Operations NOTE The Rural Credit and Proagro Operations System (Sicor), created by the Central Bank of Brazil (BCB) to administer rural credit, is the platform through which rural credit operations are registered. Sicor requires financial agents to transfer resources to rural credit beneficiaries only after the completion of the registration, which is processed in real time. In the processing of operation information, database cross-referencing and consultations with other systems external to the BCB are carried out, which allow for the validation of records and the confirmation of the veracity of information, preventing operations that do not comply with regulations from being formalized as rural credit. 2. This Normative Instruction of the Central Bank of Brazil (BCB NI) promotes adjustments to MCR Document 1 (Requirements and Filling Instructions for Sicor). The objectives of the adjustments are: (i) to prevent undue alterations in Sicor fields relevant for the compliance control of rural credit operations; and (ii) to adapt the said system to registration adjustments in the treatment of operations subject to inspection and supervision actions. 3. It should be noted that, by virtue of art. 24 of Decree No. 10,411, of June 30, 2020, the issuance of normative acts by organs and entities of the direct, autonomous and foundational federal public administration, from October 14, 2021, must be preceded by a Regulatory Impact Analysis (AIR). However, in its article 4, the said decree establishes the hypotheses for exemption from carrying out an AIR. In view of the objectives mentioned in the previous paragraph, the present BCB NI falls under the hypothesis provided for in subparagraph "b" of item V of art. 4 of Decree No. 10,411, of 2020, as it is a normative act that aims to preserve the liquidity, solvency or soundness of financial markets. Claudio Filgueiras Pacheco Moreira Head of the Department of Regulation, Supervision and Control of Rural Credit and Proagro Operations