Circular Letter No. CC/2020/00000010 - PERTO Electronic Platform for Registration and Transmission of Official Documents

Circular Letter No. CC/2020/00000010 Sent to: Credit Institutions; Investment Companies and Financial Companies. Mod. 40000375/T – 01/14 Subject: PERTO - Electronic Platform for Registration and Transmission of Official Documents

The Bank of Portugal receives, from courts, judicial authorities, and other issuing entities, information requests specifically addressed to it, particularly aiming to access databases managed by it, ensuring its response in accordance with legal admissibility, notably considering the legal duty of confidentiality.

Furthermore, at the request of individuals, it promotes the dissemination through the financial system of information regarding lost and recovered documents.

On the other hand, in compliance with the duty of collaboration with courts and judicial authorities provided for in Article 417 of the Civil Procedure Code and Article 9, paragraph 2, of the Criminal Procedure Code, as well as in compliance with specific legal duties of collaboration with other entities, the Bank of Portugal promotes the dissemination of official documents through the financial system, aiming at their response, in observance of the applicable legal framework, by the recipient entities.

In this context, in order to ensure the increasingly efficient and effective compliance with these legal duties, the Bank of Portugal will make available for the aforementioned purposes – to the issuing entities of the requests and their respective recipient entities – starting from March 16, 2020, a Platform designated as “PERTO – Electronic Platform for Registration and Transmission of Official Documents”.

1. Object 1.1. The Platform's object is the reception of information requests addressed to the Bank of Portugal, as well as the reception and subsequent dissemination of official documents through the financial system, through a new communication system, which is equipped with security measures aimed at safeguarding the integrity and confidentiality of the respective information.

The official documents are made available on the Platform by the issuing entities, which select the recipient entities to which they direct their respective request; these official documents, in the case of dissemination through the financial system, are subsequently transmitted to the selected recipient entities from the universe of entities supervised by the Bank of Portugal. The Platform also ensures, at the request of individuals, the dissemination through the financial system of information regarding lost and recovered documents.

1.2. The Platform enables recipient entities to receive and download official documents, although it is not possible, in the first phase of implementation of this solution, to send a response through the same channel, except in cases where only the transmission of the non-existence of information to be provided (negative information) is involved.

Regarding the requests addressed specifically to the Bank of Portugal, the Platform allows issuing entities to direct their requests, also receiving the response through the Platform.

Mod. 40000375/T – 01/14 2. Concepts For the purposes of the Platform, the following are considered: 2.1. Issuing entities: all entities that, according to applicable legislation, may direct and, consequently, register requests for dissemination of official documents through the financial system or send information requests directly to the Bank of Portugal, namely: Courts, Public Prosecutor's Office, Public Security Police, Judicial Police, National Republican Guard, Tax and Customs Authority, Social Security (including the Financial Management Institute of Social Security), Notaries, Insolvency Administrators, Execution Agents, and Fiscal Execution Body of Municipalities.

2.2. Recipient entities: all entities supervised by the Bank of Portugal capable of possessing relevant information for the purposes of responding to information requests addressed by the issuing entities, as well as those that should be recipients of the dissemination of information regarding lost and recovered documents.

3. Characterization of information to be communicated 3.1. Issuing entities and recipient entities must observe the parameters made available on the Platform to communicate and access information, complying with the technical and operational requirements inherent to the compliance with the Platform's guidelines for the transmission and access to this information.

4. Communication and access to information 4.1. By issuing entities 4.1.1. Access to API services (Application Programming Interface) For the purposes of accessing the Platform, issuing entities may use the API services, which allow for system integration and will be framed through Protocols, of an inter-institutional scope, aiming to safeguard the terms and conditions of operational access to it.

4.1.2. Access through the Bank of Portugal's website For the purposes of accessing the Platform, issuing entities that cannot use the API services may access through the Bank of Portugal's website. For this purpose, since the authentication mechanism of the Tax and Customs Authority is made available, these issuing entities must, through the user or sub-user created for this purpose, fill in the collective person identification number (NIPC) of the entity they represent, as well as the respective access password, adhering to the technical terms and conditions presented for this purpose.

4.2. By recipient entities 4.2.1. Use of the BPnet system For the purposes of receiving the disseminated information, recipient entities must use the electronic communication system BPnet – Issuance and Treasury (https://www.bportugal.net/), regulated by Instruction No. 5/2016, published in the Official Bulletin No. 4, of April 15, 2016, using credentials assigned for this purpose. It is recommended to configure users by institution, since the BPnet interlocutor (“master user”) will have access to the Platform without the need for subscription.

5. Consultation of information 5.1. Recipient entities have the right to access information specifically addressed to them, contained in the Platform, and to request, when they verify that certain information is not available, its resending or updating with the issuing entity responsible for the communication.

5.2. Issuing entities only receive, through the Platform, the responses to requests addressed to the Bank of Portugal, viewable in the detail of the document of the respective request. Issuing entities may also receive, through the Platform, a report on the non-existence of information to be provided (negative information).

Mod. 40000375/T – 01/14 5.3. Recipient entities use, for the purposes of positive response, the usual means of communication with issuing entities.

6. Retention period and resending of official documents 6.1. The information sent to recipient entities is retained for a period of 30 (thirty) days after its registration on the Platform, after which it will be deleted. The deletion of information implies the removal of all structured data, as well as the document (official document) issued.

6.2. During a time interval of 90 (ninety) days, counted from the date of registration of the official document on the Platform, any recipient entity may request the resending of a removed official document that it did not access in a timely manner.

6.3. Recipient entities are prohibited from incorporating the received information into their computer systems, as well as from giving it another purpose.

7. Responsibility for information 7.1. The information contained in the Platform is the exclusive responsibility of the issuing entities, and the Bank of Portugal cannot be held responsible for the inaccuracy or incorrectness thereof, except with regard to information concerning the responses to requests specifically addressed to the Bank of Portugal itself.

8. Entry into operation 8.1. The Platform will be available from March 16, 2020, alerting to the discontinuation of the current service, used until that date, namely the dissemination of official documents with sending and receiving them by email through the address provided by each recipient entity upon the signing of terms of adherence with the Bank of Portugal. The aforementioned terms of adherence will thus expire from the date of availability of the Platform.

9. Additional clarifications Any clarifications regarding the Platform, as well as the User Manuals made available, must be requested from the Bank of Portugal, through the email address perto@bportugal.pt. The User Manuals will be accessible: a) for issuing entities, on the Platform (on the homepage); b) for recipient entities, on BPnet. The provision of the Manuals aims to ensure a full understanding of the functioning of the Platform, as well as the available functionalities, by all issuing and recipient entities.