BCB Resolution No. 44 — Establishes Procedures for the Execution by Authorized Institutions of Measures Determined by Law No. 13,810 of March 8, 2019

Resolution No. 44

RESOLUTION
BCB NO. 44, OF NOVEMBER 24, 2020

Establishes procedures for the execution by institutions authorized to operate by the Central Bank of Brazil of the measures determined by Law No. 13,810, of March 8, 2019, which provides for compliance with sanctions imposed by resolutions of the United Nations Security Council, including the unavailability of assets of natural and legal persons and entities, and the national designation of persons investigated or accused of terrorism, its financing, or acts correlated to it.

The Collegiate Board of the Central Bank of Brazil, in a session held on November 24, 2020, based on arts. 9 of Law No. 4,595, of December 31, 1964, 9 of Law No. 9,613, of March 3, 1998, 7 of Law No. 11,795, of October 8, 2008, 9 and 15 of Law No. 12,865, of October 9, 2013, 25 of Law No. 13,810, of March 8 2019, and 21, sole paragraph, of Decree No. 9,825, of June 5 2019,

RESOLVES:

Art. 1. The institutions authorized to operate by the Central Bank of Brazil must comply immediately with the measures established in the resolutions of the Security Council of the United Nations and the designations of its sanctions committees that determine the unavailability of assets owned, directly or indirectly, by natural persons, by legal persons or by entities, in accordance with Law No. 13,810, of March 8, 2019.

§ 1. The provisions of the caput must be observed without prejudice to the duty to comply with judicial determinations of unavailability provided for in said Law.

§ 2. The unavailability referred to in the caput refers to the prohibition of transferring, converting, moving, making available assets or disposing of them, directly or indirectly, as provided in art. 2, item II, its administration, custody or custody must follow the provisions of art. 31, § 2, all of Law No. 13,810, of 2019.

Art. 2. The institutions mentioned in art. 1 must monitor the unavailability determinations referred to in art. 1, as well as any information to be observed for its compliance, aiming for immediate compliance, regardless of communication from the Central Bank of Brazil mentioned in art. 10, item I, of Law No. 13,810, of 2019.

Art. 3. The communication from the Central Bank of Brazil referred to in art. 2 will be carried out through the BC Correio system.

Sole paragraph. Upon receipt of the communication from the Central Bank of Brazil referred to in the caput, it will be the responsibility of the institutions referred to in art. 1 to verify if the corresponding measures have already been adopted immediately and adopt them, if necessary.

Art. 4. The institutions referred to in art. 1 must immediately communicate the unavailability of assets and any attempts to transfer them related to natural persons, legal persons or entities sanctioned by a resolution of the Security Council of the United Nations or by designations of its sanctions committees, in accordance with art. 11 of Law No. 13,810, of 2019, to:

I - Central Bank of
Brazil, through the BC Correio system;

II - Ministry of
Justice and Public Security; and

III - Financial Activities Control Council (Coaf), in the manner used to effectuate the communications provided for in art. 11, item II, of Law No. 9,613, of March 3, 1998.

Art. 5. The institutions referred to in art. 1 must communicate to the Ministry of Justice and Public Security, without delay, cases where they fail to give immediate compliance to the measures established in the resolutions of the Security Council of the United Nations and in the designations of its sanctions committees, in accordance with arts. 6 to 11 of Law No. 13,810, of 2019, informing the reasons for such.

Art. 6. The institutions mentioned in art. 1 must adapt their internal control systems with the objective of ensuring compliance with the provisions of Law No. 13,810, of 2019, and this Resolution.

Art. 7. The provisions of this Resolution apply to business relationships maintained by the institutions referred to in art. 1 and to those that may be initiated subsequently with any clients covered by the unavailability determinations.

Art. 8. Circular No. 3,942, of May 21, 2019, is hereby revoked.

Art. 9. This Resolution enters into force on January 4 2021.

Otávio Ribeiro Damaso
Regulation Director