2022-12-01 | Resolução BCB 270Added
This resolution amends Annex I of BCB Resolution No. 177 (Pix Penalties Manual) by updating Article 5 and Article 9 to define specific infractions subject to penalties. The amendments establish that participants may be penalized for failing to comply with Central Bank information requests, repeatedly failing to reject transactions involving sanctioned users, failing to implement mitigating measures against fraud or money laundering, or outsourcing activities prohibited by Article 90-A of the Pix Regulation. Additionally, penalties apply for non-compliance with the Pix Regulation that causes serious harm to the system's operation or final users. The resolution enters into force on March 1, 2023.
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BCB RESOLUTION NO. 270, OF DECEMBER 1, 2022
Amends Annex I to BCB Resolution No. 177, of December 22, 2021 (Pix Penalties Manual), which establishes the conditions and procedure for applying penalties within the scope of Pix, to adjust provisions regarding infractions subject to penalties.
The Collegiate Board of the Central Bank of Brazil, in a session held on November 30, 2022, based on Art. 10, item IV, of Law No. 4.595, of December 31, 1964, Art. 10 of Law No. 10.214, of March 27, 2001, Arts. 6, 7, 9, 10, 14, and 15 of Law No. 12.865, of October 9, 2013, Resolution No. 4.282, of November 4, 2013, Communication No. 32.927, of December 21, 2018, and Communication No. 34.085, of August 28, 2019,
RESOLVES:
Art. 1. Annex I to BCB Resolution No. 177, of December 22, 2021 (Pix Penalties Manual), shall enter into force with the following amendments:
“Art. 5.
I -
d) fail to comply with determinations by the Central Bank of Brazil in providing information for the purpose of monitoring and oversight of Pix, or, in the case of periodic provision of information, in the frequency and manner established by the Central Bank of Brazil;
III -
c) as a transactional account provider participant of the payer user, fail to repeatedly reject transactions involving the movement of resources originating from or destined for final users sanctioned by United Nations Security Council resolutions, as provided in Law No. 13.810, of March 8, 2019;
d) having knowledge of an increase in the number of occurrences of fraud or infractions related to the prevention of money laundering and terrorist financing, fail to implement effective mitigating measures to address the problem; and
e) attribute to a third party not a participant in Pix the performance of the activities referred to in Art. 90-A of the Pix Regulation.
…” (NEW)
“Art. 9.
II - fail to comply, in whole or in part, with provisions of the Pix Regulation or other documents comprising this Regulation, in a manner that causes serious harm to the regular functioning of Pix or serious injury to final Pix users;
…” (NEW)
Art. 3. This Resolution enters into force on March 1, 2023.
Paulo Sérgio Neves de Souza
Director of Organization of the Financial System and Resolution Substitute
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This document amends: BCB Resolution No. 177 — Approves the Pix Penalties Manual
Source: Banco Central do Brasil — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works