BCB Resolution No. 30 — Amends BCB Resolution No. 19 and the Regulation annexed to BCB Resolution No. 1, which govern the Pix payment arrangement

BCB RESOLUTION NO. 30, OF OCTOBER 29, 2020

Amends
BCB Resolution No. 19, of October 1, 2020, and the Regulation annexed to BCB Resolution No. 1, of August 12, 2020, which governs the operation of the Pix payment arrangement.

The Collegiate Board of the Central Bank of Brazil, in a session held on October 29, 2020, based on art. 10, item IV, of Law No. 4.595, of December 31, 1964, on art. 10 of Law No. 10.214, of March 27, 2001, on arts. 6, 7, 9, 10, 14 and 15 of Law No. 12.865, of October 9, 2013, and having in view the provisions of Resolution No. 4.282, of November 4, 2013, in Communication No. 32.927, of December 21, 2018, and in Communication No. 34.085, of August 28, 2019,

RESOLVES:

Art. 1º BCB Resolution No. 19, of October 1, 2020, shall enter into force with the following amendment:

“Art. 7º-A For the purposes of the provisions of arts. 3 and 4, the Pix Regulation may govern the circumstances in which transactions carried out under the arrangement are considered to have the purpose of transfer or purchase.” (NR)

Art. 1º (Revoked, from 11/01/2021, by BCB Resolution No. 136, of 9/2/2021.)

Art. 2º The Regulation annexed to BCB Resolution No.
1, of August 12, 2020, shall enter into force with the following amendments:

“Art. 3º ............................................................................................................

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XXIII - Pix API: standardized application programming interface (application programming interface) established by the Central Bank of Brazil to enable the end user to automate interaction with the Pix participant providing payment services.” (NR)

“Art. 5º ............................................................................................................

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§ 1º For the purposes of initiating Pix, by any of the procedures provided for in the main text, the following information regarding the receiving user is required, at a minimum:

I - registration number in the Individual Taxpayer Registry (CPF), in the case of an individual, or in the National Registry of Legal Entities (CNPJ), in the case of a legal entity;

II - Identifier Code in the Brazilian Payments System (ISPB) of the Pix participant in which the receiving user holds a transactional account;

III - identification of the branch number where the receiving user holds a transactional account, if applicable;

IV - identification of the type of transactional account held by the receiving user; and

V - transactional account number.

§ 2º In transactions initiated in the manner of item I of the main text, when the Pix participant providing payment services to the receiving user is a singular credit cooperative affiliated with a central credit cooperative, the ISPB informed must be that of the entity in the organized cooperative system of two or three levels that is its clearing participant in the SPI.

§ 3º In the situation referred to in § 2º, the singular credit cooperative must be identified by means of the branch number.” (NR)

“Art. 6º ............................................................................................................

Sole paragraph. The participants referred to in the main text must offer:

I - the initiation of a Pix in the manner provided for in item II of the main text of art. 5º to paying users;

II - the generation of static QR Codes to receiving users who are individuals.” (NR)

“Section IID
Products

Subsection I
Scheduled Pix

Art. 8º ....................................................................................................” (NR)

“Subsection II
Pix Billing

Art. 11-A. Pix Billing consists of the possibility for the receiving user to manage and receive, in an facilitated manner, charges related to:

I - immediate payments, which are those related to business models in which payment must be made at the time of issuing the charge, such as physical point-of-sale and e-commerce; and

II - payments with due dates, which are those related to business models in which payment can be made on a future date, including the possibility of handling interest, fines, other surcharges, discounts, and other deductions.

Sole paragraph. The functionalities of Pix Billing will be provided for in the Manual of Standards for Pix Initiation.

Art. 11-B. Once the Pix Billing payment is initiated, the normal Pix flow must be observed, as provided for in Chapters VIII, IX and X of this Regulation.

Art. 11-C. The offering of Pix Billing by Pix participants is optional, except for the obligation referred to in item II of the sole paragraph of art. 6º.

Sole paragraph. The operational aspects necessary for the implementation of Pix Billing for payments with due dates will be contained in a specific document published by the Central Bank of Brazil.” (NR)

“Subsection III
Pix API

Art. 15-A. The Pix API is the component of Pix aimed at enabling the end user to automate interaction with the Pix participant providing payment services.

Sole paragraph. The functionalities contemplated by the Pix API and its details are provided for in the Manual of Standards for Pix Initiation.

Art. 15-B. Pix participants that make functionalities available to end users related to the API must do so through the Pix API.

Sole paragraph. Participants are permitted to offer, in their own APIs, accessory or complementary functionalities to those made available in the Pix API.” (NR)

“Art. 23. ..........................................................................................................

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§ 3º .................................................................................................................

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III - offers a deposit account or a prepaid payment account, but does not fall under the criterion of mandatory participation in Pix, as provided for in art. 3 of the Resolution that publishes this Regulation.” (NR)

“Art. 26. ..........................................................................................................

Sole paragraph. The responsible participant must possess robust mechanisms and technical and operational capacity to carry out activities related to risk management and to the prevention of money laundering and terrorist financing, both for itself and for contracting participants.” (NR)

“Art. 31-A. A participant excluded from Pix as a result of the application of a penalty may, after 12 (twelve) months of its exclusion, submit a new application for adherence, provided it proves the cessation of the practice or situation that led to its exclusion, in addition to meeting the regular requirements of the adherence process.” (NR)

“Art. 37. Pix participants may only establish value limits for transactions based on criteria for mitigating fraud risks and infringement of regulations for the prevention of money laundering and terrorist financing, using as a parameter the limits established for payment instruments with characteristics similar to those of Pix, considering the characteristics and profile of the paying user.

Sole paragraph. The Central Bank of Brazil will publish a specific document with guidelines on the use of payment instruments as a parameter for setting the value limits referred to in the main text.” (NR)

“Art. 38. ..........................................................................................................

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Sole paragraph. For the purposes of preventing money laundering and terrorist financing, all operations, including rejected ones, must be monitored and treated in accordance with Circular No. 3.978, of January 23, 2020.” (NR)

“Art. 39-A. A transaction within the scope of Pix may be rejected by the payment service provider of the receiving user when there is an inconsistency between the transaction and the parameters assigned to the charge that originated it, when it concerns the Pix Billing product.” (NR)

“Art. 54. ..........................................................................................................

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VIII - notification of infraction: allows for the notification of an infraction, due to suspicion of fraud.” (NR)

“Art. 79. Registration, exclusion, alteration, portability, claim of ownership, inquiry, and notification of infraction are available 24 (twenty-four) hours a day, every day of the year.” (NR)

“Art. 80. Registration, exclusion, alteration, portability, claim of ownership, and notification of infraction must be available to end users from 8 a.m. to 8 p.m., Brasília time, every day of the year.

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(NR)

“Art.
87-A. The purpose of transfer is presumed for a given transaction:

I - when the receiving user is an individual, when:

a) the paying user, an individual, initiates the transaction by manually entering transactional account data, a Pix key, or a static QR Code, limited to 30 (thirty) transactions per month; or

b) the paying user, a legal entity, initiates the transaction by manually entering transactional account data or a Pix key;

II - when the receiving user is a legal entity, when the paying user, a legal entity, initiates the transaction by manually entering transactional account data or a Pix key.

Sole paragraph. The provisions of the main text do not apply in the event that the account of the receiving individual user held at the Pix participant is used exclusively for commercial purposes, provided this is defined in the contract between the parties.” (NR)

“Art. 87-B. A transaction is considered to have the purpose of purchase:

I - when the receiving user is an individual, when:

a) the paying user, an individual, initiates the transaction via dynamic QR Code or another form of initiation associated with Pix Billing;

b) the paying user, an individual, initiates the transaction by manually entering transactional account data, a Pix key, or a static QR Code, from the 31st (thirty-first) transaction in the month; or

c) the paying user, a legal entity, initiates the transaction via static QR Code, dynamic QR Code, or another form of initiation associated with Pix Billing;

II - when the receiving user is a legal entity, when:

a) the paying user is an individual; or

b) the paying user, a legal entity, initiates the transaction via static QR Code, dynamic QR Code, or another form of initiation associated with Pix Billing.” (NR)

“Art. 87-C. Fees related to transactions carried out with the purpose of transfer may be charged by Pix participants that are providers of transactional accounts only to paying users, observing the prohibitions defined in specific regulation.” (NR)

“Art. 87-D. Fees related to transactions carried out with the purpose of purchase may be charged by Pix participants that are providers of transactional accounts only to receiving users, observing the prohibitions defined in specific regulation.” (NR)

“Art. 92. ..........................................................................................................

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VII - the lack of diligence by the responsible participant in fulfilling its duties regarding the performance of the contracting participant; and

VIII - the adoption of any other conduct capable of compromising the credibility or negatively impacting the image or integrity of Pix.” (NR)

“CHAPTER XIX-A

OF CAUTIOUS SUSPENSION

Art. 95-A. The Central Bank of Brazil may cautiously suspend, at any time, the participation in Pix of a participant whose conduct is putting the regular operation of the payment arrangement at risk.

§ 1º The cautious suspension referred to in the main text shall have immediate effect and a maximum duration of 60 (sixty) days, counted from the date of communication of the measure to the participant, subject to the provisions of § 3º.

§ 2º Once the cautious suspension is determined, the Central Bank of Brazil shall, within 10 (ten) days, counted from the date of communication of the measure, initiate a procedure for the application of penalties, as provided for in art. 94, in which the participant shall be guaranteed the right to due process and full defense.

§ 3º Provided that the procedure for the application of penalties is initiated within the period provided for in § 2º, the cautious suspension shall retain its effect until the final decision within the scope of this procedure begins to produce effects, and the measure may be reviewed, ex officio or at the request of the participant, if the circumstances that determined it cease.” (NR)

Art. 2º The following provisions of the Regulation annexed to BCB Resolution No. 1, of 2020, are hereby revoked:

I - the sole paragraph of art. 5º;

II - item III of art. 38; and

III - item IX of art. 92.

Art. 3º This Resolution enters into force on November 3, 2020.

João Manoel Pinho de Mello

Director of Organization of the Financial System and Resolution