Circular Letter No. 3151 - Discloses Instructions for Communications Provided for in Art. 4 of Circular 2,852 of December 3, 1998, and Circular Letter 3,098 of June 11, 2003

CIRCULAR LETTER NO. 003151

Discloses instructions for the communications provided for in Art. 4 of Circular 2,852 of December 3, 1998, and Circular Letter 3,098 of June 11, 2003.

Based on the provisions of Art. 4 of Circular 2,852/98, we inform you that the communications and records provided for in the aforementioned normative and in Circular Letter 3,098/03 must be made through the PCAF500 transaction of the Central Bank Information System - Sisbacen, observing the instructions now disclosed, or by transmitting files via the Internet using the PSTAW10 application, as provided for in Circular Letter 2,847/99, available on the Central Bank's Internet page.

2. The inclusion of records in the PCAF500 transaction must be carried out through option 11, in the case of information regarding suspicious operations as provided for in Circular 2,852/98, and option 21, if the information results from the determinations of Circular Letter 3,098/03.

3. With a view to the record determined by Circular Letter 3,098/03, the issuance of an administrative check, of an Available Electronic Transfer - TED or of any other instrument of fund transfer against cash payment, of a value equal to or greater than R$ 100,000.00 (one hundred thousand reais), must be registered in option 21 under classification 94.

4. If the institution has not carried out, during the closed calendar month, records of the situations provided for in Circular 2,852/98, the institution must declare the fact by the 10th day of the following month in option 12 of the PCAF500 transaction. In the case of not having carried out the communication provided for in Circular Letter 3,098/03 during the closed calendar month, the declaration must be made on the first business day of the following month through option 22 of the PCAF500 transaction.

5. Until the fifth business day following the inclusion of the record, the institution may alter or cancel the communications by using options 13 or 23 of the PCAF500 transaction, depending on whether they refer to occurrences related to Circular 2,852/98 or to Circular Letter 3,098/03, respectively, and must declare the reason for the event in the justification field. After the fifth day, the institution must request the alteration or cancellation from the Central Bank of Brazil, through the Division of Financial Activities Control - Dicaf of its Department of Combating Currency and Financial Illicit Activities - Decif, by electronic mail to the address dicaf.decif@bcb.gov.br, indicating the justification for modification/cancellation of the record. In the case of "Monthly Declaration of Absence" (option 12) or "Classification 93" (option 22), the cancellation must always be requested to the Central Bank, regardless of the elapsed time.

6. The digits indicating the year of inclusion of the occurrence, formed by the first four positions of the "Occurrence No." field (filled by the system), will be represented by the last two digits of the year, with the rest of the sequential numbering to be composed of seven digits. The existing occurrences will be renumbered according to this standard (Example: occurrence 200312345 will be converted to 030012345).

7. For sending information through the PSTAW10 application, the layouts available on this Central Bank's Internet page must be used, observing the respective instructions.

8. The processing responses of the sent files will be received by the same application.

9. Communications by the leading institution of the conglomerate and by the cooperative central offices on behalf and in the name of the other institutions of the conglomerate and the single cooperatives associated with the common area for preventing money laundering are admitted, provided that the institution that detected the occurrence is duly identified in the "ID-Bacen" field.

10. The responsibility for the communications in question lies with the director indicated in the manner provided for in Art. 7 of Circular 2,852 of 1998.

11. This circular letter enters into force on the date of its publication and will produce effects from 6.12.2004, when Circular Letter 3,101/03, Communication 11,754/04 and the annex to Circular Letter 3,098/03, to be replaced by Annex II to this normative, will be revoked.

Brasília, December 01, 2004

Department of Combating Currency and Financial Illicit Activities Ricardo Lião Chief

Department of Information Technology
Fernando de Abreu Faria
Chief

ANNEX I - Circular Letter No. 3,151, of December 01, 2004

Instructions for occurrence registration - Circular 2,852/98 - option 11 of the PCAF500 transaction

1. "organization" field: Unicad identification code (ID-Bacen) of the institution that will register the occurrence (filled by the system).

2. "ID-Bacen of the institution" field: Unicad identification code (ID-Bacen) of the institution in which the occurrence was verified. The code provided by the system must be altered by cooperative central offices and leading institutions of conglomerates to inform occurrences of the institutions linked to them.

3. "branch" field: inform the CNPJ suffix of the branch, if the institution is a bank, or of the branch, in the case of other institutions.

4. "city" field: field filled by the system.

5. "deposit account" field: if presented for filling, inform the number of the checking account, savings account or investment account, with check digit, without using symbols such as dots or hyphens. Mandatory filling in the case of being a customer of the institution.

6. "opening date" field: if presented for filling, inform the account opening date in the ddmmyyyy format. Mandatory filling if the "deposit account" field is filled.

7. "last registration update" field: if presented for filling, inform the date of the last registration update in the ddmmyyyy format. Mandatory filling if the "deposit account" field is filled.

8. "date of the fact" field: inform the last date of the period in which the occurrence was characterized. If the period exceeds the calendar month, specify in the "detailing and eventual measures taken" field the other months or periods of the occurrence and the values related to each one.

9. "value" field: inform the value in reais involved in the situation or operation, or its equivalent in reais, if in another currency (without dots, commas and cents).

10. "classification" field: inform the code(s) of the situation(s) in which the occurrence falls. To access the occurrence table, press F1 with the cursor positioned in the field, mark with "x" the desired type(s) and press F4 to return.

11. "CPF/CNPJ" field: inform the registration number(s) in the CPF or CNPJ of the person(s) involved in the occurrence, whether holder(s) of deposit accounts or not.

12. "No CPF" field: mark with "x" if the CPF registration number is unknown.

13. "full name of holders" field: the system will fill the field with the name registered in the CPF or CNPJ for the number informed. In the case of filling the field 12 ("No CPF"), inform the full name(s) of the person(s) involved in the occurrence, avoiding the use of abbreviations, or any additional data.

14. After filling the "full name of holders" field, press "enter" to go to the screens of the "detailing and eventual measures taken" field, if the holder(s) is/are natural person(s), or to the "identification of operators" field screen, if the holder of the account informed in the "deposit account" field is a legal entity.

15. "detailing and eventual measures taken" field: composed of three screens, the field is mandatory and is intended for the registration of any additional information necessary to understand the communicated fact, with mention of eventual measures taken by the institution. The field is defined as critical and must contain the detailing of what was considered suspicious or unusual, including, if possible, the following information: the origin and destination of the moved resources, the depositor(s) and beneficiary(ies), the registration of eventual attempts to cover up the operation or bypass the money laundering control and prevention systems and other information considered important.

16. If the deposit account held by a natural person is operated by third parties, activate PF10 to register the person(s) responsible for the operation. If there is no other information to be included after filling the "detailing and eventual measures taken" field, press F8 and, after returning to the initial identification screen, press F8 again to confirm the inclusion of the occurrence. If the occurrence is linked to other(s) already informed, proceed according to item 19 below.

17. "identification of operators" and "type" fields: inform the CPF registration number(s) of the natural person(s) responsible for the operation of the account. The system will fill the name corresponding to the informed registration number. To indicate the type of operator, press F1 with the cursor positioned in the field, mark with "x" the appropriate type and press "enter".

18. After filling the operator(s) and type(s), press F8 to go to the screens of the "detailing and eventual measures taken" field, in the case of a legal entity account, or to the initial screen, if the account is of a natural person.

19. "linked occurrences" field: if the occurrence is linked to other(s) already informed, press F6 to inform the number(s) of the respective record(s), up to twenty, and press F8 to confirm.

ANNEX II - Circular Letter No. 3,151, of December 01, 2004

Instructions for occurrence registration - Circular Letter 3,098/98 - option 21 of the PCAF500 transaction

1. "organization" field: Unicad identification code (ID-Bacen) of the institution that will register the occurrence (filled by the system).

2. "ID-Bacen of the institution" field: Unicad identification code (ID-Bacen) of the institution in which the communicated operation was carried out. The code provided by the system may be altered by cooperative central offices and leading institutions of conglomerates to inform occurrences of the institutions linked to them.

3. "branch" field: inform the CNPJ suffix of the branch that will carry out the operation, if the institution is a bank, or of the branch, in the case of other institutions.

4. "city" field: field filled by the system.

5. "deposit account" field:

I - cash deposit: inform the number of the checking account or savings account to which the values are destined, if held in the same institution where the operation was carried out. In the case of occurrence registered under classification 94, the compensation codes of the institution and the destination branch of the transfer and the number of the depositary account, if applicable, must be informed in the "detailing and eventual measures taken" field; II - cash withdrawals and requests for provisioning for withdrawal: inform the number of the checking account or savings account from which the value will be withdrawn; III - do not use symbols, such as dots or hyphens.

6. "opening date" field: inform the account opening date in the ddmmyyyy format, if held in the same institution where the operation was carried out.

7. "last registration update" field: inform the date of the last registration update in the ddmmyyyy format, in the case of an account held in the same institution where the operation was carried out.

8. "date of the fact" and "time of the fact" fields: inform the date and time of the deposit, withdrawal, provisioning request or operation registered under classification 94.

9. "value" field: inform the value of the deposit, withdrawal, provisioning request or operation registered under classification 94 (without dots, commas and cents).

10. "classification" field:

I - cash deposit: inform code 90;
II - cash withdrawal: inform code 91;
III - provisioning request for withdrawal: inform code 92; IV - operation registered under classification 94: inform code 94.

11. "CPF / CNPJ" field: inform the CPF or CNPJ registration numbers of the holder(s) of the deposit account informed in the "deposit account" field or, in the case of occurrence registered under classification 94, of the beneficiary(ies) of the order.

12. "No CPF" field: mark with "x" if, in the case of occurrence registered under classification 94, the number informed by the depositor for identification of the beneficiary in CPF/CNPJ is not recognized by the system. This fact must be explicit in the "detailing and eventual measures taken" field.

13. "full name of holders" field: the system will fill the field with the name registered in the CPF or CNPJ for the number informed. In the case of filling field 12 ("No CPF"), inform the full name(s) of the beneficiary(ies) indicated, avoiding the use of abbreviations, or any additional data. After including the holder(s), press "enter" to go to the screen destined for the identification of operators.

14. "identification of operators" and "type" fields: observing the classification below, inform the CPF registration number(s) of the natural person(s) involved in the operation. The system will fill the name corresponding to the informed registration number. To indicate the type of operator, press F1 with the cursor positioned in the field, mark with "X" the appropriate type and press "enter":

I - cash deposits: identify the owner of the money and the person making the deposit, classifying them, respectively, as "responsible" and as "depositor" in the "type" field; II - cash withdrawals and provisioning requests for withdrawal: identify the recipient of the money and the person making the withdrawal, classifying them, respectively, as "responsible" and as "withdrawer" in the "type" field; III - occurrence registered under classification 94: identify the owner of the money, classifying him as "responsible", and the acquirer, or sender as the case may be, classifying him as "depositor" in the "type" field; IV - except in the case of operation carried out through a cash-in-transit company, the types "depositor" and "withdrawer" must be natural persons.

15. After filling the "identification of operators" and "type" field, press F3 to fill the "detailing and eventual measures taken" field.

16. "detailing and eventual measures taken" field: composed of three screens, the field is mandatory and is intended for the registration of any additional information necessary to understand the communicated fact, with mention of eventual measures taken by the institution. The field is defined as critical and must contain the detailing of what was considered suspicious or unusual in the case of occurrence communicated based on item 1-II of Circular Letter 3,098/03, including, if applicable, the registration of conclusions regarding the attempt to cover up the operation or bypass the money laundering control and prevention systems. In the case of acceptance of cash resources destined for transfer to an account held in another financial institution, the compensation codes of the depositary bank and branch and the number of the destination account of the resources must be informed in this field. In this case, if the "No CPF" field has been filled, the CPF/CNPJ number informed by the depositor for identification of the beneficiary of the order must be indicated.

17. If there is no other information to be included after filling the "detailing and eventual measures taken" field, press F8 and, after returning to the initial identification screen, press F8 again to confirm the inclusion of the occurrence.

18. "linked occurrences" field: if the occurrence is linked to other(s) already informed, press F6 to inform the number(s) of the respective record(s), up to twenty, and press F8 to confirm.