BCB Resolution No. 140 — Establishes Section 9 (Social, Environmental and Climatic Impediments) in Chapter 2 (Basic Conditions) of the Rural Credit Manual (MCR)

The current text of the MCR is available at the following electronic address: www3.bcb.gov.br/mcr.

BCB RESOLUTION NO. 140,
OF SEPTEMBER 15, 2021

Establishes Section 9 (Social, Environmental and Climatic Impediments) in Chapter 2 (Basic Conditions) of the Rural Credit Manual (MCR).

The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on September 8, 2021, based on art. 9 of Law No. 4.595, of December 31, 1964, and considering art. 68 of the Transitory Constitutional Provisions Act, arts. 4 and 6 of Law No. 4.829, of November 5, 1965, art. 3 of Law No. 8.171, of January 17, 1991, art. 78-A of Law No. 12.651, of May 25, 2012, Law No. 9.985, of July 18, 2000, art. 18 of Law No. 6.001, of December 19, 1973, art. 5 of Decree No. 1.775, of January 8, 1996, art. 17 of Decree No. 4.887, of November 20, 2003, Decree No. 4.340, of August 22, 2002, and art. 1, item II, of CMN Resolution No. 4.883, of December 23, 2020,

R E S O L V E S:

Art. 1. Section 9 (Social, Environmental and Climatic Impediments) of Chapter 2 (Basic Conditions) of the Rural Credit Manual is instituted, as per the annex.

Art. 2. This Resolution enters into force on October 1, 2021.

Otávio Ribeiro Damaso
Director of Regulation

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TITLE : RURAL CREDIT

CHAPTER : Basic Conditions - 2

SECTION : Social, Environmental and Climatic Impediments - 9 (*)

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1 - This Section provides for the characterization of enterprises with restricted access to rural credit due to legal or infralegal provisions related to social, environmental, and climatic issues.

2 - For the purpose of compliance with the provisions of art. 78-A of Law No. 12.651, of May 25, 2012, rural credit shall not be granted to a producer who is not registered or whose registration has been cancelled in the Rural Environmental Registry (CAR), respecting the conditions and exceptions provided for in items MCR 2-1-12 to 15.

3 - For the purpose of compliance with the provisions of Law No. 9.985, of July 18, 2000, rural credit shall not be granted to an enterprise located, in whole or in part, in a Conservation Unit, unless the economic activity is in conformity with the Management Plan of the Conservation Unit, respecting the provisions of art. 28 of the aforementioned Law and the specific provisions applicable to the traditional population beneficiary or resident, as per Decree No. 4.340, of August 22, 2002.

4 - In the case of a Conservation Unit under exclusively public domain, the impediment referred to in item 3 applies only to an enterprise located, in whole or in part, in a property whose land regularization process has been concluded, in accordance with the applicable regulations.

5 - For the purpose of compliance with the provisions of § 2 of art. 231 of the Federal Constitution and § 1 of art. 18 of Law No. 6.001, of December 19, 1973, rural credit shall not be granted to an enterprise whose area is located, in whole or in part, on indigenous land, observing that:

a) lands traditionally occupied by Indians are those already homologated in the manner of art. 5 of Decree No. 1.775, of January 8, 1996;

b) the provisions of the caput do not apply to cases where the applicant belongs to the tribal groups or indigenous communities occupying or inhabiting the indigenous land on which the enterprise's area is located.

6 - For the purpose of compliance with the provisions of art. 68 of the Transitory Constitutional Provisions Act and Decree No. 4.887, of November 20, 2003, rural credit shall not be granted to an enterprise whose area is located, in whole or in part, on lands occupied and titled by descendants of quilombo communities.

7 - Item 6 does not apply to cases where the applicant belongs to the descendant group of the quilombo community on which the enterprise's area is located.

8 - For the purpose of compliance with the provisions of MCR 2-1-11-“c”, rural credit shall not be granted to an enterprise located in the Amazon Biome:

a) located in a property where there is a valid embargo resulting from the economic use of areas illegally deforested in the property, as published by the Brazilian Institute of Environment and Renewable Natural Resources (Ibama);

b) in a financing operation supported by the National Agrarian Reform Program (PNRA), for a rural credit applicant who has a valid restriction due to the practice of illegal deforestation, according to records made available by the National Institute for Colonization and Agrarian Reform (Incra).

9 - For the purpose of compliance with the provisions of MCR 1-2-10, rural credit shall not be granted to a physical or legal person registered in the registry of employers who maintained workers in conditions analogous to slavery, established by the Ministry responsible for said registry, due to a final administrative decision regarding the infraction notice.