BCB Resolution No. 344 — Amends Circular No. 3,978 of January 23, 2020

BCB RESOLUTION NO. 344, OF OCTOBER 4, 2023

Amends Circular No. 3,978, of January 23, 2020, which provides on the policy, internal procedures and controls to be adopted by institutions authorized to operate by the Central Bank of Brazil with a view to preventing the use of the financial system for the practice of the crimes of "money laundering" or concealment of assets, rights and values, as provided for in Law No. 9,613, of March 3, 1998, and terrorism financing, provided for in Law No. 13,260, of March 16, 2016.

The
Collective Board of Directors of the Central Bank of Brazil, in a session held on October 4, 2023, based on arts. 9 of Law No. 4,595, of December 31, 1964, 10, 11 and 11-A of Law No. 9,613, of March 3, 1998, 6 and 7, item III, of Law No. 11,795, of October 8, 2008, and 15 of Law No. 12,865, of October 9, 2013, and having in view the provisions of Law No. 13,260, of March 16, 2016, in the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, promulgated by Decree No. 154, of June 26, 1991, in the United Nations Convention against Transnational Organized Crime, promulgated by Decree No. 5,015, of March 12, 2004, in the Inter-American Convention against Terrorism, promulgated by Decree No. 5,639, of December 26, 2005, in the International Convention for the Suppression of the Financing of Terrorism, promulgated by Decree No. 5,640, of December 26, 2005, and in the Convention of the United Nations against Corruption, promulgated by Decree No. 5,687, of January 31, 2006,

R E S O L V E :

Art. 1º Circular No.
3,978, of January 23, 2020, shall enter into force with the following changes:

“Art. 23-A. The institutions referred to in art. 1 are exempt from carrying out the procedures for qualification and classification of customers when contracting credit operations supported by a program established by the federal public power aimed at the renegotiation of debts of individuals registered in delinquency records, provided that, cumulatively:

I - the renegotiated operations are delinquent on the date of establishment of the respective program;

II - the resources released in the operation referred to in the caput are transferred directly to the creditor of the renegotiated debt, without any interference from the debtor; and

III - they refer to delinquent debts with non-financial legal entities or institutions authorized to operate by the Central Bank of Brazil that are responsible for registering the debtor in delinquency records.

Sole paragraph. The provisions of the caput do not apply to the contracting of other products and services by the customer benefiting from the renegotiation.” (NR)

Art. 2º This Resolution enters into force on the date of its publication.

OTÁVIO RIBEIRO DAMASO
Director of Regulation