BCB Resolution No. 125 — Amends and Consolidates the Regulation of the Committee for Decision on Sanctioning Administrative Processes (Copas)

BCB RESOLUTION NO. 125, OF AUGUST 5, 2021

Amends and consolidates the Regulation of the Committee for Decision on Sanctioning Administrative Processes (Copas), annexed to Portaria No. 103,364, of June 17, 2019.

The Collegiate Board of the Central Bank of Brazil, in a session held on August 5, 2021, using the competence contained in art. 11, item XXVIII, clause “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Portaria No. 84,287, of February 27, 2015,

RESOLVES:

Art. 1 The Committee for Decision on Sanctioning Administrative Processes (Copas), provided for in art. 132-A, item II, of the Internal Regulations of the Central Bank of Brazil, annexed to Portaria No. 84,287, of February 27, 2015, shall observe the provisions of the annexed Regulation.

Art. 2 Portaria No. 103,364, of June 17, 2019, is hereby revoked.

Art. 3 This Resolution enters into force on the date of its publication.

Paulo Sérgio Neves de Souza
Director of Supervision

João Manoel Pinho de Mello
Director of Organization of the Financial System and Resolution

REGULATION
ANNEXED TO BCB RESOLUTION NO. 125, OF AUGUST 5, 2021

Provides for the Committee for Decision on Sanctioning Administrative Processes (Copas).

CHAPTER I
OF THE COMPOSITION OF THE COMMITTEE FOR DECISION ON SANCTIONING ADMINISTRATIVE PROCESSES (COPAS)

Art. 1 The Committee for Decision on Sanctioning Administrative Processes (Copas) has the objective of issuing a first-instance decision in sanctioning administrative processes and deciding on requests for the attribution of suspensive effect to appeals filed against its decisions involving the persons mentioned in art. 2 of Law No. 13,506, of November 13, 2017.

Art. 2 Copas shall have as members the holders of the following positions:

I - Director of Supervision (Difis);

II - Head of the Department of Financial System Organization (Deorf); and

III - Head of the Department of Resolution and Sanctioning Action (Derad).

§ 1 The members of Copas shall be replaced in the holding of the Committee, in their impediments and absences, by the substitutes for their respective positions.

§ 2 A representative of the General Prosecutor's Office of the Central Bank (PGBC) shall integrate the Committee, without voting rights, with the following duties:

I - to provide legal advice to the members of Copas, when requested; and

II - to opine, whenever deemed necessary, on matters within the competence of Copas.

Art. 3 The presidency of Copas shall be exercised by the Difis.

Art. 4 The reporting of the processes shall be exercised by the Head of the Derad.

Sole paragraph. The Rapporteur shall make the process reports available to the members of Copas and to the representative of the PGBC at least five days in advance of the meeting, with the reading thereof at said meeting being dispensed with.

CHAPTER II
OF THE DECISION ON THE SANCTIONING ADMINISTRATIVE PROCESS

Art. 5 Meetings for the decision on administrative processes shall be convened by the President of Copas at least eight days in advance.

§ 1 The agenda of the meeting shall be published on the website of the Central Bank of Brazil, indicating the date, location, start time of the meeting, and the list of administrative processes to be reviewed and the natural and legal persons involved.

§ 2 The members of Copas and the representative of the PGBC may request the removal of a process from the agenda and the postponement of decisions on processes whose analysis is underway.

§ 3 It is incumbent upon the President of Copas to decide on the removal of a process from the agenda and on the postponement of decisions on processes whose analysis is underway.

Art. 6 For justified reasons, the President of Copas, ex officio or upon request by any member or member of the Committee, may suspend the meeting for the decision on an administrative process, designating, immediately, a new date and time for its continuation.

Sole paragraph. There shall be no need for a new publication of the agenda of the meeting whose realization has been suspended in accordance with the caput.

Art. 7 The meetings shall occur with the presence of all members of Copas, with each member having one vote.

§ 1 The votes, including dissenting ones, shall integrate the decision.

§ 2 The manifestation of the representative of the PGBC issued during the meeting may appear in the decision, if so requested by its drafter or by a member of Copas.

Art. 8 Oral argument shall not be admitted.

Art. 9 The member of Copas who issues a dissenting vote shall attach it to the records within five days counted from the date of the meeting.

Art. 10 Decisions on administrative processes shall be published on the website of the Central Bank of Brazil within fifteen business days after the meeting, observing the provisions of art. 28 of Law No. 13,506, of 2017, and its regulation.

CHAPTER III
OF THE REQUEST FOR SUSPENSIVE EFFECT

Art. 11 In the event of a request for suspensive effect to an appeal against a decision that applies the penalties of prohibition to carry out certain activities or modalities of operation, disqualification, or cancellation of authorization for operation, the President of Copas may:

I - convene a specific meeting for decision, with at least five days in advance, the provisions of the sole paragraph of art. 4 not being applicable; or

II - include the review of the request for suspensive effect on the agenda of the meeting convened for the decision on administrative processes.

§ 1 Meetings for decision on requests for suspensive effect may be held in person or electronically.

§ 2 The provisions of arts. 6 to 10 apply, insofar as applicable, to meetings for decision on requests for suspensive effect.

CHAPTER IV
FINAL PROVISIONS

Art. 12 The members of Copas shall have full access, at any time, to electronic processes with activity codes related to a sanctioning administrative process and to a request for suspensive effect.

Art. 13 The Derad shall execute the secretariat services of Copas.

Art. 14 It is incumbent upon the President of Copas to decide on situations not provided for in this Regulation.