BCB Resolution No. 160 — Amends and Consolidates the Regulation of the Committee for Instituting Administrative Sanction Proceedings of the Supervision Area (Copad-Difis)

BCB RESOLUTION NO. 160, OF NOVEMBER 3, 2021

Amends and consolidates the Regulation of the Committee for Instituting Administrative Sanction Proceedings of the Supervision Area (Copad-Difis), annexed to Portaria No. 104.202, of August 7, 2019.

The Collegiate Board of Directors of the Central Bank of Brazil, in a session held on November 3, 2021, using the competence contained in art. 11, item IV, letter "r", 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 Instituting Administrative Sanction Proceedings of the Supervision Area (Copad-Difis) shall observe the provisions of the annexed Regulation.

Art. 2 Portaria No. 104.202, of August 7, 2019, is revoked.

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

Paulo Sérgio Neves de Souza
Director of Supervision

REGULATION
OF THE COMMITTEE FOR INSTITUTING ADMINISTRATIVE SANCTION PROCEEDINGS OF THE SUPERVISION AREA (COPAD-DIFIS), ANNEXED TO BCB RESOLUTION NO. 160, OF NOVEMBER 3, 2021

Provides for the Committee for Instituting Administrative Sanction Proceedings of the Supervision Area (Copad-Difis).

CHAPTER I
TYPE OF
ACTIVITY, OBJECTIVE AND VALIDITY

Art. 1 The Committee for Instituting Administrative Sanction Proceedings of the Supervision Area (Copad-Difis) is a deliberative committee aimed at achieving excellence and uniformity in the institution of administrative sanction proceedings in the areas of operation of the Strategic Management and Specialized Supervision Department (Degef), the Supervision of Cooperatives and Non-Bank Institutions Department (Desuc) and the Banking Supervision Department (Desup), with an indefinite term of validity.

CHAPTER II
COMPETENCE

Art. 2 It is the competence of Copad-Difis to decide on the proposals for the institution of administrative sanction proceedings, submitted by Degef, by Desuc or by Desup, against natural and legal persons subject to the sanctioning action of the Central Bank of Brazil.

CHAPTER III
COMPOSITION AND
MANDATE

Art. 3 The members of Copad-Difis are the holders of the following positions:

I - Head of
Degef;

II - Head of
Desuc;

III - Head of Desup;

IV - Deputy Head or Consultant of Degef, with the exception of the Deputy Head responsible for conducting the activity related to the commitment term;

V - Deputy
Head or Consultant of Desuc;

VI - Deputy
Head or Consultant of Desup; and

VII - Deputy
Head or Consultant of the Financial System Monitoring Department (Desig).

§ 1 The representation provided for in items IV, V, VI and VII of the main text shall be carried out with the participation of one of the Deputy Heads or Consultants, designated by the Head of the respective Unit.

§ 2 The members of Copad-Difis provided for in items I, II and III of the main text may be replaced, in the titularity of the Committee, by the occasional substitutes of the respective positions.

Art. 4 May participate in the meetings, without the right to vote:

I - Deputy
Head of the Resolution and Sanctioning Action Department (Derad) or representative indicated by him;

II - other employees of the Central Bank of Brazil who may contribute to the better understanding of the proposals submitted to the Committee, at the invitation of the President.

CHAPTER IV
PRESIDENCY AND
SECRETARIAT

Art. 5 The presidency of Copad-Difis shall be exercised, in rotation, for periods of six months, by the Head of Degef, by the Head of Desuc and by the Head of Desup, in that order.

Sole paragraph. The presidency of the meetings may be exercised by the Deputy Head or Consultant of the Unit that is exercising the presidency of the Committee, in accordance with the main text.

Art. 6 It is the competence of the President of Copad-Difis:

I - decide on the agenda of the meetings;

II - suspend the ongoing session, establishing a new date for its continuation;

III - alter the meeting date set or cancel it.

Art. 7 The secretariat work of Copad-Difis shall be carried out by Degef, with the following competencies:

I - issue the acts of summoning the meetings;

II - prepare the agendas and the minutes of the meetings;

III - schedule the meetings;

IV - forward in advance to the members the documents necessary for participation; and

V - execute other tasks assigned to it by the President.

CHAPTER V
OPERATION

Art. 8 The meeting of Copad-Difis shall be held to deliberate on the proposals submitted for decision by the Committee.

§ 1 Prior to forwarding to Copad-Difis, the proposals shall be submitted for approval by the Head of the proposing Unit.

§ 2 The meeting may be held in person or by electronic means.

§ 3 The meeting shall only be held with the presence of at least four members, including that one who is exercising his presidency.

Art. 9 Each member of Copad-Difis has one vote.

§ 1 The proposal that obtains the simple majority of votes is considered approved.

§ 2 In case of a tie, the member in exercise of the presidency of the meeting shall have the casting vote.

Art. 10. A minutes shall be drawn up for each meeting, signed by the members and by the employee responsible for its preparation, in which the decisions adopted shall be recorded and the names of those present shall be registered.

Art. 11. To the records of the proposal shall be attached a dispatch from the President, communicating and forwarding the decision adopted to the Proposing Unit.

CHAPTER VI
PERIODICITY
OF MEETINGS

Art. 12. The
Copad-Difis shall meet on dates to be published by the secretariat of the Committee.

Art. 13. The secretariat of Copad-Difis shall inform of the date, location and agenda of the meetings, making available the proposals for institution of administrative sanction proceedings, with a minimum advance notice of ten business days, to the members of the Committee and to the other participants mentioned in art. 4.

CHAPTER VII
ACCOUNTABILITY

Art. 14. The accountability of Copad-Difis shall be prepared by its secretariat and published through the Report on Prudential and Conduct Supervision Activities.

CHAPTER VIII
FINAL
PROVISION

Art. 15. Situations not provided for in this Regulation shall be decided by the President of Copad-Difis.