Circular No. 2123 — Amendment of the Deadline for Delivery of Goods Acquired Through Consortia and Establishment of Procedures to Be Observed by Administrators of Consortia Referenced in Movable Goods

CIRCULAR Nº 002123

TO MOVABLE GOODS CONSORTIUM ADMINISTRATORS

AMENDS THE DEADLINE FOR DELIVERY OF GOODS ACQUIRED THROUGH CONSORTIA AND ESTABLISHES PROCEDURES THAT MUST BE OBSERVED BY ADMINISTRATORS OF CONSORTIA REFERENCED IN MOVABLE GOODS.

WE COMMUNICATE THAT THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BRAZIL, IN A SESSION HELD ON 24.01.92, BASED ON LAW NO. 8.177, OF 01.03.91, DECIDED:

ART. 1º. UPON ADHERENCE TO A CONSORTIUM GROUP, THE PARTICIPANT MUST PROVIDE PROOF OF ECONOMIC-FINANCIAL SITUATION COMPATIBLE WITH THEIR PARTICIPATION IN THE PLAN, WITHOUT PREJUDICE TO THE SUBMISSION OF DOCUMENTS REQUIRED BY THE ADMINISTRATOR WHEN AWARDED.

ART. 2º. THE ADMINISTRATOR MUST NOTIFY THE AWARDED PARTICIPANT ABSENT FROM THE GENERAL ASSEMBLY OF THEIR AWARD, VIA LETTER WITH ACKNOWLEDGMENT OF RECEIPT (AR), OR NOTIFICATION TELEGRAM, THE DISPATCH OF WHICH MUST BE MADE BY THE 5TH (FIFTH) BUSINESS DAY AFTER THE HOLDING OF THE AWARD ASSEMBLY.

SINGLE PARAGRAPH. THE PARTICIPANT WILL BE CONSIDERED AWARE OF THE AWARD ON THE DATE OF THE ASSEMBLY, IF THEY ARE PRESENT THEREAT OR REPRESENTED BY A PROXY WHO IS NOT THE ADMINISTRATOR ITSELF, OR ON THE DATE OF RECEIPT OF THE LETTER WITH ACKNOWLEDGMENT OF RECEIPT (AR) OR THE NOTIFICATION TELEGRAM.

ART. 3º. THE AWARDED PARTICIPANT MUST, WITHIN A MAXIMUM PERIOD OF 10 (TEN) BUSINESS DAYS COUNTED FROM THE DATE OF AWARENESS OF THE AWARD, DELIVER TO THE ADMINISTRATOR ALL DOCUMENTS THAT PROVE THEIR FINANCIAL CAPACITY TO ASSUME THE DEBT WITH THE GROUP, AS WELL AS THOSE RELATING TO THE OFFERING OF GUARANTEES REQUIRED FOR RECEIVING THE GOOD.

PARAGRAPH 1º. BEFORE THE DEADLINE FOR DELIVERY OF THE DOCUMENTATION COVERED BY THIS ARTICLE EXPIRES, THE AWARDED PARTICIPANT MAY CHOOSE ANOTHER GOOD OF THE SAME SPECIES, NEW, OF NATIONAL OR FOREIGN MANUFACTURE.

PARAGRAPH 2º. IF THE CHOSEN GOOD IS OF HIGHER VALUE THAN ORIGINALLY PLANNED, THE AWARDED PARTICIPANT WILL BE RESPONSIBLE FOR THE PRICE DIFFERENCE THAT EXISTS.

PARAGRAPH 3º. THE OPTION FOR A NEW AUTOMOBILE, OF NATIONAL MANUFACTURE, MAY ONLY BE EXERCISED BY A PARTICIPANT OF A GROUP DESTINED FOR THE ACQUISITION OF A NEW AUTOMOBILE, OF NATIONAL MANUFACTURE.

ART. 4º. THE ADMINISTRATOR MUST DELIVER TO THE SUPPLIER, WITHIN A MAXIMUM PERIOD OF 5 (FIVE) BUSINESS DAYS COUNTED FROM THE DATE OF RECEIPT OF THE DOCUMENTATION COVERED BY THE PREVIOUS ARTICLE, THE ORDER FOR SUPPLY OF THE GOOD TO BE ACQUIRED BY THE AWARDED PARTICIPANT.

ART. 5º. AMEND THE "CAPUT" AND ALINEA "B" OF INCISO II OF ITEM 45 OF PORTARIA NO. 190, OF 27.10.89, WHICH SHALL COME INTO FORCE WITH THE FOLLOWING WORDING:

"45. THE ADMINISTRATOR MUST EFFECT THE DELIVERY OF THE GOOD WITHIN A MAXIMUM PERIOD OF 30 (THIRTY) DAYS COUNTED FROM THE DATE OF RECEIPT OF THE DOCUMENTATION RELATING TO THE GUARANTEES PROVIDED FOR RECEIVING THE GOOD, UNLESS:

I) ......;

II) ......;

A) ......;

B) FAIL TO PRESENT THE GUARANTEES FOR RECEIVING THE GOOD WITHIN A MAXIMUM PERIOD OF 10 (TEN) BUSINESS DAYS COUNTED FROM THE DATE OF AWARENESS OF THE AWARD; AND

C) ......"

ART. 6º. THE ACQUISITION OF THE GOOD SUBJECT TO CONSORTIUM SHALL BE MADE VIA BILLING AUTHORIZATION, ISSUED BY THE ADMINISTRATOR, CONTAINING THE QUALIFICATION OF THE PARTICIPANT, SPECIFICATION OF THE GOOD AND ITS RESPECTIVE VALUE UP TO THE VALUE OF THE CREDIT, INDICATION OF THE SUPPLIER, ESTABLISHED AT THE PLACE OF CONSTITUTION OF THE GROUP OR WHERE THE GOOD IS AVAILABLE.

PARAGRAPH 1º. THE GROUP, AT THE CONSTITUTION ASSEMBLY, MAY DECIDE ON THE FORMATION OF A COMMITTEE DESTINED TO EFFECT THE PURCHASES OF THE GOODS TO BE DELIVERED TO THE PARTICIPANTS OF THE GROUP.

PARAGRAPH 2º. IN THE ABSENCE OF THE COMMITTEE COVERED BY THE PREVIOUS PARAGRAPH, IT IS OPTIONAL FOR THE AWARDED PARTICIPANT TO INDICATE THE SUPPLIER SINCE CONCOMITANTLY WITH THE DELIVERY OF THE DOCUMENTATION COVERED BY ART. 3º.

PARAGRAPH 3º. THE BILLING AUTHORIZATION COVERED BY THIS ARTICLE MAY BE ISSUED OR TRANSFERRED IN FAVOR OF THIRD PARTIES, UPON WRITTEN REQUEST BY THE AWARDED PARTY, PRIOR APPROVAL OF THE ADMINISTRATOR AND TRANSFER OF CONTRACT.

ART. 7º. IF THE GOOD ACQUIRED BY THE PARTICIPANT IS OF LOWER PRICE THAN THE VALUE OF THE GOOD ORIGINALLY PLANNED IN THE CONTRACT, THE DIFFERENCE MUST BE USED IN THE PURCHASE OF ANOTHER GOOD, WHICH WILL ALSO BE SUBJECT TO THE PROVISIONS OF ITEM 51 AND SUBITEM 51.1 OF PORTARIA MF NO. 190, OF 27.10.89, OR TO PAY THE UPCOMING INSTALLMENTS, IN REVERSE ORDER STARTING FROM THE LAST, THE CHOICE OF ONE OF THE MENTIONED OPTIONS BEING AT THE DISCRETION OF THE PARTICIPANT.

ART. 8º. IN THE IMPOSSIBILITY OF ACQUIRING THE GOOD, DUE TO LACK OF INTEREST BY THE AWARDED PARTICIPANT OR THEIR REFUSAL FOR ANY REASONS, EXCEPT THOSE PROVIDED FOR IN ALINEAS "A" AND "C" OF INCISO II OF ITEM 45 OF PORTARIA NO. 190, OF 27.10.89, OR FOR FAILURE TO PRESENT THE REQUIRED GUARANTEES, AS PROVIDED IN ART. 3º OF THIS CIRCULAR, THE AWARD SHALL BE RENDERED VOID ON THE DATE OF THE FOLLOWING ASSEMBLY, IN WHICH ASSEMBLY AN ADDITIONAL GOOD MUST BE DISTRIBUTED.

SINGLE PARAGRAPH. IN THE OCCURRENCE OF WHAT IS STATED IN THIS ARTICLE, THE PARTICIPANT WHO CAUSED THE CANCELLATION OF THE AWARD MUST, UNTIL THE ASSEMBLY SUBSEQUENT TO THE CANCELLED AWARD ASSEMBLY, EFFECT PAYMENT OF THE PRICE ADJUSTMENT OF THE GOOD THAT HAS OCCURRED.

ART. 9º. AMEND THE "CAPUT" OF ART. 8º OF CIRCULAR NO. 2.027, OF 28.08.91, WHICH SHALL COME INTO FORCE WITH THE FOLLOWING WORDING:

"ART. 8º. IF THE DELIVERY OF THE GOOD DOES NOT OCCUR WITHIN A PERIOD OF 30 (THIRTY) DAYS COUNTED FROM THE DELIVERY OF THE DOCUMENTATION RELATING TO THE GUARANTEES PROVIDED FOR RECEIVING THE GOOD, FOR ANY REASONS, EXCEPT THOSE COVERED BY ALINEAS "A" AND "C", OF INCISO II OF ITEM 45 OF PORTARIA NO. 190, OF 27.10.89, THE PARTICIPANT MAY CHOOSE:"

ART. 10. ADD TO ART. 4º OF CIRCULAR NO. 2.021, OF 22.08.91, THE SINGLE PARAGRAPH BELOW AND AMEND ALINEA "B" OF ITEM II OF THE MENTIONED ARTICLE, WHICH SHALL COME INTO FORCE WITH THE FOLLOWING WORDING:

"ART. 4º. ......:
I - ......;

II - ......;

A - ......;

B - OF THE EXISTENCE OR NON-EXISTENCE OF GOODS PENDING DELIVERY FOR MORE THAN 30 (THIRTY) DAYS COUNTED FROM THE DATE OF DELIVERY OF THE DOCUMENTATION RELATING TO THE GUARANTEES PROVIDED FOR RECEIVING THE GOOD;

C - ......

SINGLE PARAGRAPH. IF THERE ARE GOODS PENDING DELIVERY, THE DECLARATION COVERED BY ALINEA "B" OF ITEM II OF THIS ARTICLE MUST CONTAIN THE DISCRIMINATION OF THESE GOODS, WITH THE EVENTUAL JUSTIFICATION FOR THE PENDING STATUS."

ART. 11. ITEMS 44, 47, AND 50 OF PORTARIA NO. 190, OF 27.10.89, AND PARAGRAPH 1º OF ART. 8º OF CIRCULAR NO. 2.027, OF 28.08.91, ARE HEREBY REVOKED.

ART. 12. THIS CIRCULAR ENTERS INTO FORCE ON THE DATE OF ITS PUBLICATION.

BRASÍLIA (DF), JANUARY 24, 1992

GUSTAVO JORGE LABOISSIÈRE LOYOLA
DIRECTOR