Circular Letter CVM/SNC GNA 02/13

CIRCULAR LETTER/CVM/SNC/GNA/No. 02/2013
Rio de Janeiro, December 23, 2013.
Subject: Communications regarding Articles 7 and 7-A of CVM Instruction No. 301/99.

Dear Sirs,

With a view to the faithful compliance with CVM Instruction No. 301/99, in particular, the provisions of Articles 7 and 7-A, we reiterate that in the event that no communication (“communication”) referred to in the caput of said Article 7 of the aforementioned instruction has been made to the Financial Activities Control Council – COAF, in the period from 01/01/2013 to 31/12/2013, the independent auditor must communicate by 31/01/2014, the non-occurrence in the previous calendar year of transactions or proposals for transactions subject to communication, in accordance with Article 7-A (“negative declaration”).

2. In this context, to facilitate the preparation of “negative declarations”, these may also be forwarded to COAF, specifically through the Siscoaf system, already available for the communication mentioned in the previous paragraph and not to CVM, as provided for in ICVM No. 301/99.

3. For this purpose, we reinforce the importance that all independent auditors registered with this CVM are effectively enabled in Siscoaf to comply with the obligations provided for in Articles 7 and 7-A of the cited norm.

4. At this time, general guidelines follow to support the enabling and respective access to Siscoaf by independent auditors, in case the procedure has not yet been carried out:

4.1 To obtain general guidelines on the use of Siscoaf:
Access the COAF portal at URL: http://coaf.fazenda.gov.br Option: OBLIGATED PERSONS -> Frequently Asked Questions.

4.2 For enabling in the Siscoaf system, the communicator must access the COAF portal at http://www.coaf.fazenda.gov.br and use the option OBLIGATED PERSONS > Access to Siscoaf. The initial screen of Siscoaf will be displayed. Click on the option “new communicator”. The screen with the list of activities/segments will be visible. Confirm the reading and inform the CNPJ if Independent Auditor – Legal Entity, or the CPF if Independent Auditor – Natural Person. The system will lead to the filling out of the basic data of the obligated person and the definition of the respective responsible user. Before the completion of the enabling, the system will allow the definition/choice of the responsible user's password for access to Siscoaf.

CIRCULAR LETTER/CVM/SNC/GNA/No. 02/2013, page 02 of 02.

4.3 Access profiles – Siscoaf will make two access profiles available to the communicator. One of the profiles refers to the responsible user who is enabled at the time of the communicator's enabling. The responsible user, once enabled, may include new users in the user profile.

4.4 To carry out communications regarding Article 7 of ICVM 301/99 to COAF, the communicator must access Siscoaf – Financial Activities Control System and select the segment “CVM – Securities Market”. The aforementioned system has functionalities to administer users, send/query communications, send communications in batches, as well as access via webservice.

4.5 To carry out communications regarding Article 7-A of ICVM 301/99 to COAF, the communicator must access Siscoaf – Financial Activities Control System and select the segment “CVM – Securities Market”. In addition to the functionalities above, the aforementioned system also has the option of sending the “negative declaration”.

4.6 To access all system functionalities, the responsible user must use a digital certificate of type E-CPF. If access with digital certification is not used, the system will only allow the sending of communications, user registration (for the person in charge of the institution), and query of the protocol of sent communications.

4.7 To access the Siscoaf Test and Training environment:
Access the URL: http://treina.siscoaf.serpro.gov.br

5. It is also worth highlighting that the module for sending the “negative declaration” regarding compliance with Article 7-A of CVM Instruction No. 301/99 will only be effective in Siscoaf from 01/01/2014, and it must be sent by 31/01/2014.

6. Finally, but no less importantly, we inform you that for the purpose of updating the registration of the audit firm with this Commission, the inclusion of the PERSON RESPONSIBLE FOR THE INFORMATION REQUIRED IN CVM INSTRUCTION NO. 301/99 will be done automatically, with the indication of the active partner representative. If it is not in the interest of the audit firm (Independent Auditor – Legal Entity) to maintain the aforementioned professional with such responsibility, a new designation must be made. We emphasize, however, that the designated professional must, obligatorily, be an active partner of the firm. The designation of the person responsible for compliance with the information required in CVM Instruction No. 301/99 does not apply to Independent Auditors – Natural Persons, since the responsibility for communications is personal.

Sincerely,

Signed Original by
MADSON DE GUSMÃO VASCONCELOS
Audit Standards Manager

Signed Original by
JOSÉ CARLOS BEZERRA DA SILVA
Superintendent of Accounting and Audit Standards