BCB Resolution No. 126 — Amends and Consolidates the Regulation of the Administrative Agreement Committee in Supervisory Proceedings (Coaps)

BCB RESOLUTION NO. 126, OF AUGUST 5, 2021

Amends and consolidates the Regulation of the Administrative Agreement Committee in Supervisory Proceedings (Coaps).

The Collegiate Board of the
Central Bank of Brazil, in a session held on August 5, 2021, considering the provisions of art. 11, item XXVIII, letter “b”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015,

R E S O L V E S:

Art. 1. The Administrative Agreement Committee in Supervisory Proceedings (Coaps), provided for in art.
132-A, item III, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84.287, of February 27, 2015, shall observe the provisions of the annexed Regulation.

Art. 2. Ordinance No. 103.362, of June 17, 2019, is hereby revoked.

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

João
Manoel Pinho de Mello Carolina de Assis Barros Director of System Organization Director of Administration Finance and Resolution

Fernanda
Magalhães Rumenos Guardado Mauricio costa de Moura Director of International Affairs and of Director of Relationship, Citizenship Corporate Risk Management and Conduct Supervision

ANNEXED REGULATION to BCB Resolution No. 126, OF AUGUST 5, 2021

Provides for the Administrative Agreement Committee in Supervisory Proceedings (Coaps).

Art. 1. The Administrative Agreement Committee in Supervisory Proceedings (Coaps) has as its objective to analyze proposals and, if applicable, to conclude an Administrative Agreement in Supervisory Proceedings (APS) with natural or legal persons who confess to the practice of infractions to legal or regulatory norms whose compliance falls under the supervision of the Central Bank of Brazil.

Art. 2. Coaps shall have as members:

I - the Head of the Corporate Risks and Operational References Department (Deris);

II - the Head of the Institutional Relations Department (Deati); and

III - the Head of the Accounting, Budget and Financial Execution Department (Deafi).

§ 1. The members of
Coaps shall be replaced in the titular position of the Committee, in their impediments and absences, by the substitutes of their respective functions.

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

I - to provide legal advisory services to the members of Coaps, when requested; and

II - to opine, whenever considered necessary, on matters within the competence of Coaps.

Art. 3. The presidency of Coaps shall be exercised by the Head of Deris.

Art. 4. It is the responsibility of the
President of Coaps:

I - to convene the meetings, decide on the respective agendas and designate the rapporteur;

II - to carry out the communication provided for in § 2 of art. 31 of Law No. 13.506, of November 13, 2017;

III - to arrange for the return to the proponent or the disposal of the documents and information contained in the APS proposal, in cases where the agreement is not reached, in accordance with the applicable regulations; and

IV - to forward the process that has resulted in the conclusion of the APS to the Resolution and Sanction Action Department (Derad), for monitoring and adoption of the appropriate measures, and to the competent unit to supervise the institution regarding the subject matter of the APS.

Art. 5. The meetings shall be convened with a minimum advance notice of five days, with the agenda and the APS proposals made available to the members and to the PGBC representative.

§ 1. In case of justified urgency, the meetings may be convened with a period shorter than that stated in the main text.

§ 2. The meetings may be held in person or electronically.

§ 3. The meetings shall not be public.

Art. 6. In the analysis of administrative agreement proposals, the members of Coaps must consult, at least, the following systems:

I - Process Automation System for Supervision (SisAPS);

II - Management and Control System for Sanctioning Administrative Processes (Gepad);

III - Supervision Memory System (SMF);

IV - Electronic Processes System (e-BC); and

V - Document Information System (Sidoc).

§ 1. The members of
Coaps shall have full access, at any time, to the mentioned systems, to the records of the Committees responsible for the analysis of proposals for Sanctioning Administrative Processes and to other systems or processes used for the conduct of administrative procedures intended to ascertain the reported or under-investigation infraction, for the purpose of verifying compliance with legal and regulatory requirements.

§ 2. The access of the members of Coaps to the systems mentioned in the main text of this article cannot be subject to disclosure to the servers of the areas responsible for supervision and surveillance activities.

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

§ 1. The deliberations of
Coaps shall be recorded in minutes, which shall indicate, in a reasoned manner, the decisions taken by the Committee, in accordance with the applicable regulations, and shall contain the votes of each member.

§
2. The statement of the
PGBC representative issued during the meeting shall be included in the meeting minutes, if so requested by its drafter or by a member of Coaps.

Art. 8. Before the signature, access to APS proposals and the information contained therein is prohibited to any unit or server of the Central Bank of Brazil not involved in its conduct, except to servers of the PGBC, the Internal Audit of the Central Bank of Brazil (Audit) and the General Inspectorate of the Central Bank of Brazil (Coger), according to their respective regulatory competencies.

Art. 9. Deris shall execute the secretariat services of Coaps.

§ 1. Deris, in coordination with the competent units, shall provide a physical and digital environment for the reception of APS proposals and for the holding of Coaps meetings, in a manner compatible with the preservation of the confidentiality of APS proposals and the information contained therein.

§ 2. The members of
Coaps referred to in items II and III of art. 2 may designate a server from their department to assist in the Committee’s work.

Art. 10. The members of
Coaps, the servers indicated by their members, and the servers of Deris involved in the secretariat activities of the Committee shall maintain confidentiality regarding the received APS proposals and regarding the information to which they had access in the systems referred to in art. 6, except as provided for in item II of art. 4.

Sole paragraph. The provisions of this article apply to the servers of the PGBC, Audit and Coger who come to have access to the received APS proposals and to the data and information relating to the negotiation conducted with the proponent of the agreement.

Art. 11. It is the responsibility of the
President of Coaps to decide on situations not foreseen in this Regulation.