Circular No. 2717 - Discloses regulation establishing conditions for accreditation, access, and use of SISBACEN - Central Bank Information System

CIRCULAR NO. 002717

Discloses regulation establishing conditions for accreditation, access, and use of SISBACEN - Central Bank Information System.

The Collegiate Board of the Central Bank of Brazil, in a session held on 08.28.96,

D E C I D E D:

Art. 1 To approve the attached Regulation, which establishes the conditions for accreditation, access, and use of SISBACEN - Central Bank Information System.

Art. 2 To institute a system related to the reimbursement of costs for the accreditation and use of SISBACEN, to be effective from December 1, 1996, embodied in the Regulation.

Art. 3 To change the accreditation authorization system for access and use of SISBACEN, which will now be governed by a Service Provision Contract to be signed between the Central Bank of Brazil and each interested institution, in accordance with the drafts contained in Annexes I, II, and III to the Regulation.

Art. 4 To authorize the Head of the Information Technology Department and the Regional Delegates of the Central Bank of Brazil to enter into the contracts referred to in the Regulation, with the institutions under the jurisdiction, respectively, of the Headquarters and the other Regional Delegations.

Art. 5 To authorize the Information Technology Department (DEINF) of the Central Bank of Brazil to adopt complementary measures and disseminate the necessary guidelines for the implementation of this Circular.

Art. 6 This Circular comes into force on the date of its publication.

Brasília, September 03, 1996

Carlos Eduardo T. de Andrade
Director

REGULATION OF SISBACEN - CENTRAL BANK INFORMATION SYSTEM

TITLE I
OF THE DENOMINATION AND PURPOSE

Art. 1 SISBACEN - Central Bank Information System, is a corporate computerized system, developed within the scope of the Central Bank of Brazil, with the objective of:

I - providing the Central Bank with an auxiliary instrument in fulfilling its institutional mission;

II - facilitating the capture, processing, and dissemination of information of interest to the Central Bank, regarding institutions subject to its controlling, regulating, and/or supervising action;

III - equipping the strategic, tactical, and operational levels of the Central Bank of Brazil, through its organizational units, with an agile, secure, and effective instrument, auxiliary in decision-making processes;

IV - providing institutions belonging to the National Financial System and other institutions controlled, regulated, and/or supervised by the Central Bank, with a fast and secure means for sending and exchanging information with this Body;

V - providing bodies and entities belonging to the Federal Government, as well as other spheres of public power, with information contained in its databases, observing the secrecy precepts that legally involve them;

VI - allowing access by the public, individuals or legal entities, to general information maintained in its databases, as well as to particular information, to their respective interested parties.

Art. 2 SISBACEN is basically composed of:

I - a set of corporate databases;

II - a set of application subsystems, composed of transactions, a transaction being a set of procedures that allow users to interact with the system, enabling access to databases;

III - basic infrastructure composed of equipment ("hardware"), programs ("software") and solutions (composition of equipment, programs and/or services), which supports and manages the operation of the applications;

IV - a national and international data communication network, managed from Brasília (DF);

V - a security subsystem, responsible for controlling access to data and information stored in the databases mentioned in the previous Item I.

Art. 3 SISBACEN is characterized by allowing interactive "online" access, both for entering and retrieving the data and information it manages, in addition to providing real-time queries.

Paragraph 1 The provision of data and information to the Central Bank must be done, primarily, in a computerized manner and through SISBACEN, observing the system characteristics mentioned in the main part of this Article.

Paragraph 2 Should technical reasons occur that make it impossible to provide data in the manner of the previous paragraph, the use of means other than those mentioned in the previous paragraph may be exceptionally permitted, in cases of information requested by any of the Central Bank's organizational units from institutions subject to its controlling, regulating, and/or supervising action.

Art. 4 The data and information maintained in the databases that are part of SISBACEN are the property of the Central Bank of Brazil, including those that, sent by any means by user institutions to the Bank, have been inserted by it into SISBACEN, regardless of having undergone any processing or reorganization.

Art. 5 SISBACEN is a registered trademark with the National Institute of Industrial Property (INPI), over which the Central Bank of Brazil holds all rights, in accordance with current legislation.

TITLE II
OF ADMINISTRATION

Art. 6 The Information Technology Department (DEINF) is the organizational unit of the Central Bank responsible for the administration of SISBACEN.

Art. 7 It is the responsibility of DEINF, in fulfilling the responsibility mentioned in the previous Article:

I - to establish the criteria to be observed in the computerized processes of collection, validation, treatment, storage, and consultation of information required by the Central Bank from institutions subject to its controlling, regulating, and/or supervising action;

II - to disseminate the necessary guidelines regarding the accreditation and use of SISBACEN;

III - to adopt the necessary measures for compliance with the provisions of this Regulation;

IV - to administer the security subsystem and execute the general security management of SISBACEN.

TITLE III
OF USERS

Art. 8 The following may be users of SISBACEN:

I - commercial banks;

II - investment banks;

III - development banks;

IV - multiple banks;

V - savings banks;

VI - brokerage firms;

VII - distribution firms;

VIII - investment companies;

IX - credit, financing, and investment companies;

X - real estate credit companies;

XI - leasing companies;

XII - savings and loan associations;

XIII - consortium administrators;

XIV - other institutions subject to the controlling, regulating, and/or supervising action of the Central Bank;

XV - non-banking entities belonging to the indirect administration of the Federal Government;

XVI - stock exchanges;

XVII - direct administration bodies of the Federal, State, Municipal, and Federal District Governments;

XVIII - bodies linked to the Legislative and Judiciary Powers of the Union, States, Municipalities, and the Federal District;

XIX - credit cooperatives;

XX - individuals or legal entities whose activity relates to foreign trade, within the scope of SISCOMEX - Integrated Foreign Trade System;

XXI - private legal entities not included in any of the previous categories;

XXII - individuals.

TITLE IV
OF ACCESS TYPES

Art. 9 SISBACEN allows two types of access for its users:

I - institutional access;

II - public access.

Art. 10 Institutional access is specific to corporations, and must be mandatorily observed by users mentioned in Items I to XIX of Art. 8.

Art. 11 The authorization to be granted by the Central Bank for institutional access to SISBACEN must be preceded by a formal accreditation request to this Body, addressed to the Information Technology Department, stating the intended access modality, as well as the main and alternative topologies to be observed, in accordance with the provisions of TITLE VI of this Regulation.

Sole Paragraph. Once the accreditation and intended topology are approved, a Service Provision Contract must be signed as established in Art. 33 of this Regulation.

Art. 12 Public access to SISBACEN must be used by users of the types mentioned in Items XXI and XXII of Art. 8.

Art. 13 Public access may be of two types:

I - free access;

II - restricted access.

Art. 14 Free public access provides SISBACEN users with transactions containing general information, not covered by banking secrecy, as characterized in Art. 38 of Law No. 4,595, of 12.31.64, or subsequent legislation.

Art. 15 Through restricted public access, SISBACEN users may access, in addition to the transactions mentioned in the previous article, others containing particular information.

TITLE V
OF INFORMATION ACCESS SECURITY

Art. 16 With the exception of free public access, all other types of access to SISBACEN data and information are conditioned on the prior accreditation of the user institution.

Art. 17 An accredited institution will be provided with a set of transactions compatible with its access profile.

Paragraph 1 The access profile corresponds to the inherent characteristics of an institution, or a set of them, and determines to the SISBACEN security subsystem which transactions may be authorized for the institution, or for the set it belongs to.

Paragraph 2 Access profiles are established by DEINF, after consulting the Central Bank's organizational units that manage information subsystems.

Art. 18 The security of access to data and information is based on validation and authentication procedures, using institutional and personal identifiers, and individual passwords, assigned during the accreditation process.

Art. 19 Security, managed in a decentralized manner through a specific subsystem, is structured into four distinct hierarchical levels:

I - general security management of SISBACEN;

II - sectoral security management of SISBACEN, at the institution level;

III - sectoral security management of SISBACEN, at the dependency level;

IV - individual user.

Art. 20 It is the responsibility of the general security manager of SISBACEN:

I - the maintenance of the system's set of transactions;

II - the registration and unregistration of user institutions in the system;

III - the registration and unregistration of dependencies of user institutions in the system;

IV - the accreditation and de-accreditation of SISBACEN sectoral security managers, at the institution level;

V - the assignment of access passwords to SISBACEN sectoral security managers, at the institution level;

VI - the creation and maintenance of access profiles.

Art. 21 It is the responsibility of the SISBACEN sectoral security manager, at the user institution level:

I - the accreditation and de-accreditation of transactions, for access by the institution's dependencies;

II - the accreditation and de-accreditation of SISBACEN sectoral security managers, at the dependency level;

III - the assignment of access passwords to SISBACEN sectoral security managers, at the dependency level.

Art. 22 It is the responsibility of the SISBACEN sectoral security manager, at the user dependency level:

I - the accreditation and de-accreditation of individual users for system access;

II - the authorization of access, by accredited individual users, to transactions authorized for the dependency;

III - the assignment of access passwords to individual users accredited in the dependency.

Art. 23 It is the responsibility of the individual user:

I - maintaining secrecy regarding data and information to which they may have access, when these have that characteristic;

II - safeguarding and protecting their individual SISBACEN access password;

III - changing their access password when requested by the system, or when they deem such procedure convenient, in accordance with the provisions of the previous Item.

Sole Paragraph. Individual users who fail to access SISBACEN for a period of 6 (six) consecutive months will be automatically de-accredited by the system itself.

Art. 24 The assignment of the first password for system access will be carried out at the Central Bank's premises, delivered in a sealed envelope to a formally designated representative for this purpose:

I - directly to the SISBACEN sectoral security manager, at the institution level; or

II - directly to an individual user, for restricted public access.

Art. 25 Sectoral security managers at the institution and dependency levels must accredit alternate managers, assigning them their respective access passwords.

Art. 26 Free public access does not require the use of an identifier or individual password.

TITLE VI
OF ACCESS TOPOLOGIES

Art. 27 Access to SISBACEN presupposes the establishment of a connection with the data communication network, or teleinformatics network, that integrates the system.

Art. 28 When connecting to the SISBACEN teleinformatics network, the following technical standards must be observed, all related to the IBM SNA (System Network Architecture) standard, which is the adopted network architecture:

I - the controller equipment, to be connected to the SISBACEN network, must be of type IBM 3x75, IBM 3x74 or IBM 3172, with devices that emulate them being permitted;

II - the presentation interface for video terminal devices, connected to the controller, is IBM 327x, with similar equipment being permitted;

III - the interface for printing terminal devices, also connected to the controller, is, likewise, IBM 327x, and the device must be configured vertically for paper with 11 (eleven) inches in length per page and 8 (eight) print lines per inch, and, horizontally, for paper with 132 (one hundred and thirty-two) columns.

Art. 29 The following topologies are admitted for access to the teleinformatics network that integrates SISBACEN:
I - via a line belonging to the public telephone network, a topology known as CDD;

II - via a private data communication line - EMBRATEL's Transdata service, or similar -, provided point-to-point between the user institution and the Central Bank;

III - by interconnecting the data communication networks managed by the user institution and the Central Bank, in the topology known as "gateway", by using a private data communication line;

IV - by accessing a private network for providing services to SISBACEN, accredited by the Central Bank to provide this type of service;

V - by accessing EMBRATEL's public packet transmission network - RENPAC.

Sole Paragraph. In the access topology mentioned in Item III of the main part of this article, the use of the SNI (System Network Interconnection) facility of the IBM SNA architecture must also be observed, in addition to the technical standards mentioned in Art. 28.

Art. 30 Any costs involved in establishing a connection with the SISBACEN data communication network, observing any of the access topologies indicated in Items I to IV of Art. 29, will be the sole responsibility of the user institution.

Art. 31 The access topology indicated in Item V of Art. 29 is provided by the Central Bank exclusively for use by the users mentioned in Item II of Art. 9.

Paragraph 1 In the cases covered by this article, users must use a personal computer compatible with the IBM/PC line, equipped with a "modem" capable of establishing communications in asynchronous mode.

Paragraph 2 The Central Bank will provide, free of charge to the users mentioned in the main part of this article, communication software to be used for establishing the connection.

Paragraph 3 The costs of communication with SISBACEN will be borne by the respective users.

Art. 32 The Information Technology Department of the Central Bank may alter the provisions of this TITLE, based on technical or market conveniences, which must be subject to a Notice.

TITLE VII
OF ACCREDITATION FOR ACCESS AND USE

Art. 33 Accreditation for access and use of SISBACEN will be formalized between the user institution and the Central Bank, through the signing of a Service Provision Contract, the content of which is contained in Annex I to the SISBACEN Regulation.

Sole Paragraph. The contracting will proceed with exemption from bidding, based on the main part of Art. 25 of Law No. 8,666, of 06.21.93.

Art. 34 In view of the provisions of Art. 42, the users mentioned in Items XVII to XIX of Art. 8 will sign a specific contract, in the form of Annex II to this Regulation.

Art. 35 Users who use public access to SISBACEN (free or restricted) are exempt from the formality referred to in the previous Art. 33.

Art. 36 The Service Provision Contract to be signed will observe, among others, the following characteristics:

I - it will grant authorization for access and use of SISBACEN, on a non-transferable and non-exclusive basis;

II - it will be governed by current legislation.

TITLE VIII
OF ACCREDITATION FOR SERVICE PROVISION

Art. 37 The Central Bank may accredit companies that express interest in providing SISBACEN access services.

Art. 38 The Information Technology Department of the Central Bank may, at its discretion, conduct an inspection to assess the technical capacity of a company that requests accreditation as a SISBACEN service provider.

Art. 39 The access topology to SISBACEN to be observed by service provider companies will necessarily be that indicated in Item III of Art. 29 of this Regulation, also observing the provisions of the Sole Paragraph of the same article.

Art. 40 Accreditation for the provision of SISBACEN access services will be formalized between the interested company and the Central Bank, through the signing of a Service Provision Contract.

Sole Paragraph. The contracting will proceed with exemption from bidding, based on the main part of Art. 25 of Law No. 8,666, of 06.21.93.

Art. 41 The Service Provision Contract to be signed will observe, among others, the following characteristics:

I - it will grant authorization for the provision of the services in question, on a non-transferable and non-exclusive basis;

II - it will be governed by current legislation.

TITLE IX
OF COST REIMBURSEMENT

Art. 42 The users referred to in Items I to XVI of Art. 8 of this Regulation will reimburse the Central Bank for costs related to the accreditation and use of SISBACEN.

Paragraph 1 For SISBACEN accreditation, the users mentioned in the main part of this article will monthly reimburse the Central Bank a fixed amount, which will entitle them to monthly traffic of up to 3 "megabytes" (three million "bytes") transmitted to and/or received from this Body.

Paragraph 2 For the use of SISBACEN, the users indicated in the main part of this article will monthly reimburse the Central Bank variable amounts, according to the actual use of the system, corresponding to:

I - to the product of the number of "megabytes" trafficked (transmitted and received) that exceeds 3 (three), by the value corresponding to the cost of the trafficked "megabyte", fractions disregarded;

II - to the product of the quantity of magnetic tapes - reels or cartridges - containing data sent for feeding SISBACEN, by the value corresponding to the shipment of each medium;

III - to the product of the number of "megabytes" contained in magnetic tapes received for feeding SISBACEN, which exceed 3 (three) "megabytes", by the value corresponding to the cost of the "megabyte" received on magnetic media, fractions disregarded;

IV - to the product of the number of diskettes (3.1/2 or 5.1/4) that exceed 3 (three) received with data for feeding SISBACEN, by the value corresponding to the cost established for the reception of each diskette.

Art. 43. The reimbursements of the amounts referred to in the previous art. 42 will be made by:

I - debit to the INSTITUTION's bank reserves account, when it maintains this type of operation with the BANK;

II - debit to the bank reserves account of a financial institution, agreed upon by the INSTITUTION for this purpose, when it does not maintain this type of operation with the Bank;

III - bank collection, made by a financial institution accredited by the BANK.

Art. 44. Remaining in arrears for three months, consecutive or not, will constitute a necessary and sufficient reason for the termination of the Service Provision Contract signed between the Central Bank and the user institution, observing the consequent disqualification of the same for access to SISBACEN, which will occur without prejudice to the adoption, by this Body, of the necessary measures for the recovery of the amounts involved.

Sole Paragraph. If the situation provided for in this article occurs, and the Service Provision Contract is terminated, the user institution may not impute to the Central Bank any type of damages it may suffer as a result of its disqualification from accessing SISBACEN.

Art. 45. The values in national currency corresponding to the accreditation, the trafficked "megabyte" and the magnetic media received, referred to in paragraph 1 and items I, II, III and IV of paragraph 2 of art. 42 of this Regulation, are those listed in Annex II to this regulation.

Paragraph 1 The values fixed for the portions referenced in this article will be valid for one year, and may be reviewed by the BANK, based on art. 65, item II, sub-items b, c and d, combined with art. 58, paragraph one, both of Law No. 8.666/93 to preserve the economic and financial balance of the contract.

Paragraph 2 Any changes to the values referred to in this article will be subject to official communication to user institutions and will take effect from the first day of the month following their disclosure, including for institutions that have been accredited for less than one year.

Art. 46 The costs of the resources made available to the institutions referred to in art. 37, referring to the resources integrating the BANK's computational and communication park, allocated due to the establishment of the connection between the data communication networks administered by the parties, will be subject to reimbursement by those institutions to the BANK.

Art. 47 The costs referred to in the previous CLAUSE will be subject to arbitration by the BANK, in the manner established in this REGULATION, and their reimbursement will occur from the signing of the contract.

Paragraph 1 The reimbursement referred to in this article will be carried out through the provision of technical advisory services by the INSTITUTION to the BANK, in the various areas that govern the development, maintenance, operation, administration and data security, and support for equipment, programs and communications within SISBACEN.

Paragraph 2 It will be at the exclusive discretion of the BANK to choose, among the projects under development under the responsibility of DEINF, those that will be subject to the provision of the advisory services referred to in this article.

Paragraph 3 The advisory services, as defined in this article, will be provided by the INSTITUTION through professionals linked to it, chosen according to their training and the area and complexity of the project to be developed.

Paragraph 4 The BANK may, at any time and at its exclusive discretion, request the replacement of any of the professionals designated by the INSTITUTION for the provision of technical advisory services, due to:

I - their personal or professional conduct;

II - the start, alteration, cancellation or completion of any projects;

III - the alteration of priorities in relation to the projects, whatever the phase of their development.

Paragraph 5 It is established that for each set of 30 (thirty) users - fractions disregarded - whose access to SISBACEN is intermediated by the INSTITUTION, there will be an obligation to provide 170 (one hundred and seventy) monthly hours of technical advisory services, under the terms of this REGULATION.

Paragraph 6 It is also established that 170 (one hundred and seventy) is the minimum number of monthly hours of technical advisory services that must be obligatorily provided by the INSTITUTION to the BANK, in the manner provided for in this article.

Paragraph 7 In the calculation of the quantity of hours of services effectively provided, carried out monthly, the set of professionals designated by the INSTITUTION, involved in all projects under development that have been qualified by DEINF for the provision of advisory services, will be considered.

Paragraph 8 The services provided and the corresponding hours will be subject to permanent monitoring, control and evaluation by the BANK and the INSTITUTION, which will establish, by mutual agreement, the operational procedures to be observed in their execution.

TITLE X
GENERAL PROVISIONS

Art. 48 The Information Technology Department (DEINF) is authorized to establish complementary procedures to those contained in this Regulation, with a view to achieving its objectives.

Sole Paragraph. The procedures established in the form of this article will be disclosed by DEINF, and will enter into force after their publication.

Art. 49 The relationship between SISBACEN users and this Central Bank will be carried out through the representations of the Information Technology Department, members of the Regional Delegations of this Body.

Paragraph 1 For the purposes of this article, and in the case of institutional users, the relationship must be maintained with the Regional Delegation that has jurisdiction over the institution's headquarters.

Paragraph 2 Institutions headquartered in the States of Goiás, Tocantins, Mato Grosso and Mato Grosso do Sul and in the Federal District must address themselves directly to the Information Technology Department (DEINF), in Brasília (DF).

ANNEX 1 TO THE SISBACEN REGULATION

DRAFT SERVICE PROVISION CONTRACT, TO BE SIGNED BETWEEN THE CENTRAL BANK OF BRAZIL AND INSTITUTIONS INTERESTED IN ACCESSING SISBACEN (INSTITUTIONS SUBJECT TO COST SHARING).

CONTRACT XXXXX AA/NN, FOR SERVICE PROVISION, MADE BETWEEN THE CENTRAL BANK OF BRAZIL AND (...institution...)

The CENTRAL BANK OF BRAZIL, a federal autarchy, created by Law No. 4.595, of 12.31.64, with headquarters in Brasília (DF), registered with CGC/MF under No. 00.038.166/0001-05, hereinafter simply referred to as BANK, herein represented by Mr. ......, (......position......), in accordance with the competence provided for in Circular No. 2.717, of 09.03.96, and (...institution...), established at (...address...), registered with CGC/MF under number (...number...), hereinafter simply referred to as INSTITUTION, herein represented by its (...position...), Mr. (...name...), CPF No. (...number...), who now proves with a valid document to be in office and invested with powers to sign this contract, have justly and agreed to the present Instrument, which will be governed by the provisions of Law No. 8.666/93, by the Regulation annexed to Circular No. 2.717, of 09.03.96 - which becomes an integral part of this Instrument -, and by the CLAUSES and conditions below.

TITLE I
OF THE OBJECT

CLAUSE FIRST - The object of this CONTRACT is the authorization, granted by the BANK to the INSTITUTION, to access SISBACEN - Central Bank Information System.

SOLE PARAGRAPH - The authorization object of this CONTRACT is granted by the BANK, in an untransferable manner, and the INSTITUTION may not assign it to third parties, in any form or as a result of any motivation, and non-exclusively, and the BANK may, at its discretion, grant it to other institutions.

PARAGRAPH SECOND - Access to SISBACEN, authorized by this instrument, will be compartmentalized, allowed only for the subset of data and information integrating transactions of the information system in question, compatible with the INSTITUTION's Access Profile, in the form of the REGULATION.

CLAUSE SECOND - The following are linked to this contract, as integral parts thereof:

I - Accreditation Request: a document on a specific form, instituted by the Bank, filled out by the INSTITUTION, containing, among other information, the qualification of the INSTITUTION, of its representatives, type of access intended, and financial institution and account number - or, if applicable, the name of the convenor financial institution - for the purpose of moving the bank reserves account in which the monthly installments due for the use of SISBACEN will be debited;

II - Topology Proposal: a document on a specific form, instituted by the BANK, sent to it by the INSTITUTION, containing the modality of access to SISBACEN to be adopted by it;

III - Regulation annexed to Circular No. 2.717, of 09.03.96, which establishes conditions for accreditation, access and use of SISBACEN, hereinafter referred to as REGULATION.

PARAGRAPH FIRST - The documents indicated in items I and II of this CLAUSE will only be valid if signed by a representative authorized by the INSTITUTION for this purpose, and if they contain the approval expressed by the BANK.

PARAGRAPH SECOND - The Topology Proposal mentioned in item II of this clause must obligatorily contain the primary access modality to be observed and at least one secondary ("backup") modality.

PARAGRAPH THIRD - The secondary access modalities to be adopted should preferably be those mentioned in items II and IV of art. 29 of the REGULATION.

CLAUSE THIRD - The access to be made by the INSTITUTION will obey the specific times of the transactions released to it, regardless of the fact that, in general, unless there is communication to the contrary, SISBACEN has continuous availability.

CLAUSE FOURTH - The data and information subject to traffic between SISBACEN and its users are protected by the banking secrecy institute, referred to in art. 38 of Law No. 4.595, of 12.31.64, subjecting those responsible for eventual violations to the sanctions provided for in paragraph 7 of the same article.

SOLE PARAGRAPH - The transfer, by the INSTITUTION to its affiliated companies, of any information collected by it from SISBACEN is prohibited.

TITLE II
OF VALIDITY AND TERM

CLAUSE FIFTH - This CONTRACT will enter into force on the date of its signature.

CLAUSE SIXTH - This contract will be valid for 48 (forty-eight) months.

TITLE III
OF ACCESS TO SISBACEN

CLAUSE SEVENTH - The signing of this contract implies the INSTITUTION's acceptance of the general rules and conditions for access to SISBACEN, embodied in the regulations issued by the BANK in this regard, and, in particular, in the REGULATION.

CLAUSE EIGHTH - The authorization referred to in this instrument is conditioned on the approval, by DEINF, of the connection topology, in the manner provided for in this title.

CLAUSE NINTH - For the fulfillment of the object of this contract, a connection will be established between the INSTITUTION and SISBACEN.

CLAUSE TENTH - The contracting of a communication line, necessary for the establishment of the INSTITUTION's connection with SISBACEN, must be carried out by the INSTITUTION, which will be responsible for the costs involved.

CLAUSE ELEVENTH - The connection between the INSTITUTION and SISBACEN may be effected by any of the modalities established in the REGULATION.

TITLE IV
OF COST REIMBURSEMENT

CLAUSE TWELFTH - The costs inherent to the fulfillment of the purpose of this CONTRACT will be subject to reimbursement by the INSTITUTION to the BANK.

PARAGRAPH FIRST - Monthly payments will be due on the 15th of the month following the reference month.

PARAGRAPH SECOND - The first monthly payment will be charged in the month following the signing of this instrument, together with that of that month.

CLAUSE THIRTEENTH - The values referring to the use of SISBACEN, corresponding to the basic monthly fee for accreditation, the trafficked "megabyte" and the shipment of magnetic media, will be fixed by the BANK and officially informed to user institutions and the general public.

PARAGRAPH FIRST - Any changes to the values provided for in this CLAUSE will be processed annually, based on relevant legal norms, aiming to preserve the due economic-financial balance between the contracting parties.

PARAGRAPH SECOND - Any changes to the values provided for in this CLAUSE will enter into force in the month following their publication, including when the INSTITUTION has been accredited for less than one year.

TITLE V
OF RIGHTS, OBLIGATIONS AND RESPONSIBILITIES

CLAUSE FOURTEENTH - It is the BANK's right:

I - to be reimbursed for costs related to the authorization object of this CONTRACT.

CLAUSE FIFTEENTH - The BANK's obligations are:

I - to faithfully comply with this CONTRACT, so that the agreed conditions are fully met;

II - to establish and maintain, within its competence, the conditions that enable the continuous availability of the connection between the INSTITUTION and SISBACEN;

III - to notify the INSTITUTION regarding cases of changes to any of the standards on which access to SISBACEN is based.

CLAUSE SIXTEENTH - The INSTITUTION's obligations are:

I - to faithfully comply with this CONTRACT, so that the agreed conditions are fully met;

II - to fully comply with the provisions of the REGULATION;

III - to protect the data contained in SISBACEN transactions and made available to it in order to preserve the secrecy and security of the information;

IV - to allow, at any time, BANK technicians to inspect the "hardware" and "software" used in the connection to the SISBACEN network;

V - to communicate to the BANK, through DEINF, with at least 15 (fifteen) days' notice, any change in the configuration of its computational system that implies the need for compatibility with the "hardware" and "software" of the SISBACEN network;

VI - to comply, with regard to its employees authorized to access SISBACEN, with the provisions of Decree No. 79.099/77, according to which any person who becomes aware of a confidential matter is automatically responsible for maintaining secrecy, also observing, in this regard, the provisions of CLAUSE FOURTH of this contract;

VII - to be responsible for any undue uses of accesses, whether or not they cause damage to the BANK or any of SISBACEN's users;

VIII - to be responsible for the adequate and legitimate use of the data and information to which its operators have access, through the transactions authorized to them, in SISBACEN;

IX - to timely communicate to the BANK any detected abnormality that may compromise the perfect functioning of the connection to SISBACEN, especially regarding information security;

X - to arrange, in SISBACEN, using a specific transaction, for the exclusion of operators, in case of their eventual unaccreditation.

CLAUSE SEVENTEENTH - It is the INSTITUTION's responsibility:

I - to adopt necessary measures to provide alternative access to SISBACEN to the one it adopts.

TITLE VI
LIMITATIONS OF LIABILITIES

CLAUSE EIGHTEENTH - The BANK is not responsible for:

I - eventual damages caused to the INSTITUTION that chooses to access SISBACEN through connection provider companies, due to failures of any nature occurring in the equipment of that service provider;

II - eventual damages caused to the applicant resulting from possible communication failures and system control programs, when the INSTITUTION accesses SISBACEN transactions;

III - any damages or losses resulting from the inadequate, incorrect or improper use of the information contained in SISBACEN, including, by way of example, lost profits, work interruption, data loss or any other action that may be brought against the BANK, with the exception of those provided for in this Instrument;

IV - decisions or actions taken based on the information contained in SISBACEN.

TITLE VII
OF TERMINATION

CLAUSE NINETEENTH - The INSTITUTION, in accordance with article 55, item IX, of Law No. 8.666/93, hereby recognizes the BANK's rights in administrative terminations provided for in articles 77 to 80 of the same Law.

CLAUSE TWENTIETH - The BANK may terminate this CONTRACT:

I - at any time, regardless of notification, for non-compliance by the INSTITUTION with any of the obligations contained in this CONTRACT, especially its TITLE VI - OF RIGHTS, OBLIGATIONS AND RESPONSIBILITIES;

II - regardless of any notification, in cases of bankruptcy, concordata, incorporation or liquidation of the INSTITUTION.

CLAUSE TWENTY-FIRST - The CONTRACT may also be terminated by either party if the other party fails to comply with the obligations assumed herein.

SOLE PARAGRAPH - Non-compliance with the obligations assumed herein does not constitute a cause for termination when resulting from facts beyond the control of the parties, such as fortuitous event and force majeure, as configured in article 1.058 of the Brazilian Civil Code.

CLAUSE TWENTY-SECOND - In the event of termination, under any circumstance or motivation, the authorization object of this CONTRACT will cease, and DEINF will consequently proceed with the immediate unaccreditation of the INSTITUTION with SISBACEN.

TITLE VIII
GENERAL PROVISIONS

CLAUSE TWENTY-THIRD - The terms and provisions of this CONTRACT will prevail over any other previous understandings or agreements between the parties, express or implied, regarding the conditions established therein.

CLAUSE TWENTY-FOURTH - The INSTITUTION, at the time of signing this CONTRACT, presented the following documents, all within their respective validity periods:

I - Certificate of Regularity (CRS) of the FGTS, provided by Caixa Econômica Federal;

II - Negative Debt Certificate (CND) issued by INSS;

III - Certificate of Discharge of Federal Taxes and Contributions, issued by the Federal Revenue Secretariat.

SOLE PARAGRAPH - Also at the time of signing this Instrument, a consultation was made by the BANK to the Informative Register of Unpaid Credits (CADIN), and no entry was found that would prevent the INSTITUTION from contracting with Federal Government bodies and entities.

CLAUSE TWENTY-FIFTH - This CONTRACT and the rights arising therefrom may not be assigned or transferred to third parties, except with the express authorization of the parties.

CLAUSE TWENTY-SIXTH - The parties elect the forum of Brasília (DF), waiving any others, however privileged they may be, to resolve any issues that may arise during the execution of this CONTRACT.

And, being thus just and agreed, they sign the present instrument in 2 (two) copies of equal tenor and form, in the presence of the undersigned witnesses.

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By the BANK

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By the INSTITUTION

ANNEX 2 TO THE SISBACEN REGULATION

DRAFT SERVICE AGREEMENT, TO BE ENTERED INTO BETWEEN THE CENTRAL BANK OF BRAZIL AND INSTITUTIONS INTERESTED IN ACCESSING SISBACEN - INSTITUTIONS EXEMPT FROM COST SHARING

AGREEMENT XXXXX AA/00, FOR THE PROVISION OF SERVICES, ENTERED INTO BETWEEN THE CENTRAL BANK OF BRAZIL AND (...institution...)

THE CENTRAL BANK OF BRAZIL, a federal autarchy, created by Law No. 4,595, of 12.31.64, with headquarters in Brasília (DF), registered with the CGC/MF under No. 00.038.166/0001-05, hereinafter simply referred to as the BANK, herein represented by Mr. ......, (......position......), in accordance with the competence provided for in Circular No. 2,717, of 09.03.96, and (...institution...), established at (...address...), registered with the CGC/MF under number (...number...), hereinafter simply referred to as the INSTITUTION, herein represented by its (...position...), Mr. (...name...), CPF No. (...number...), who hereby proves with a valid document to be in office and vested with powers to sign this contract, have justly and agreed to the present Instrument, which shall be governed by the provisions of Law No. 8,666/93, by the Regulation annexed to Circular No. 2,717, of 09.03.96 - which becomes an integral part of this Instrument -, and by the following CLAUSES and conditions.

TITLE I
OF THE OBJECT

CLAUSE ONE - The object of this AGREEMENT is the authorization, granted by the BANK to the INSTITUTION, to access SISBACEN - Central Bank Information System.

PARAGRAPH ONE - The authorization object of this AGREEMENT is granted by the BANK in a non-transferable manner, and the INSTITUTION may not assign it to third parties, in any form or as a result of any motivation, and non-exclusive, and the BANK may, at its discretion, grant it to other institutions.

PARAGRAPH TWO - Access to SISBACEN, authorized by this instrument, shall be compartmentalized, permitted only for the subset of data and information forming part of transactions of the information system in question, compatible with the INSTITUTION's Access Profile, as set forth in the REGULATION.

CLAUSE TWO - The following are bound to this agreement, as integral parts thereof:

I - Accreditation Request: a document in a specific form, established by the Bank, submitted to it by the INSTITUTION, containing, among other information, the qualification of the INSTITUTION, its representatives, and the type of access intended;

II - Topology Proposal: a document in a specific form, established by the BANK, submitted to it by the INSTITUTION, containing the SISBACEN access modality to be adopted by it;

III - Regulation annexed to Circular No. 2,717, of 09.03.96, which establishes conditions for accreditation, access, and use of SISBACEN, hereinafter referred to as the REGULATION.

PARAGRAPH ONE - The documents indicated in items I and II of this CLAUSE shall only be valid if signed by a representative authorized by the INSTITUTION for that purpose, and if they contain the approval expressed by the BANK.

PARAGRAPH TWO - The Topology Proposal mentioned in item II of this CLAUSE must obligatorily contain the primary access modality to be observed and at least one secondary ("backup") modality.

PARAGRAPH THREE - The secondary access modalities to be adopted should preferably be those mentioned in items II and IV of Article 29 of the REGULATION.

CLAUSE THREE - The access to be made by the INSTITUTION shall comply with the specific hours of the transactions released to it, regardless of the fact that, in general, unless otherwise communicated, SISBACEN has permanent availability.

CLAUSE FOUR - The data and information subject to traffic between SISBACEN and its users are protected by the banking secrecy institute, as provided for in Article 38 of Law No. 4,595, of 12.31.64, with those responsible for eventual violations being subject to the sanctions provided for in Paragraph 7 of the same article.

SOLE PARAGRAPH - The transfer by the INSTITUTION to its affiliated companies of any information collected by it from SISBACEN is prohibited.

TITLE II
OF VALIDITY AND TERM

CLAUSE FIVE - This AGREEMENT shall enter into force on the date of its signature.

CLAUSE SIX - This agreement shall be valid for 48 (forty-eight) months.

TITLE III
OF ACCESS TO SISBACEN

CLAUSE SEVEN - The signing of this agreement implies the INSTITUTION's acceptance of the general rules and conditions for access to SISBACEN, embodied in the normative acts issued by the BANK in this regard, and, in particular, in the REGULATION.

CLAUSE EIGHT - The authorization referred to in this instrument is conditioned on the approval, by DEINF, of the connection topology, as provided for in this title.

CLAUSE NINE - For the fulfillment of the object of this agreement, a connection shall be established between the INSTITUTION and SISBACEN.

CLAUSE TEN - The contracting of a communication line, necessary for establishing the INSTITUTION's connection with SISBACEN, must be carried out by the INSTITUTION, which shall be responsible for the costs involved.

CLAUSE ELEVEN - The connection between the INSTITUTION and SISBACEN may be effected by any of the modalities established in the REGULATION.

TITLE IV
OF COST REIMBURSEMENT

CLAUSE TWELVE - The costs inherent to the fulfillment of the purpose of this AGREEMENT shall be borne by the BANK as long as the INSTITUTION maintains its EXEMPT status, granted to it by the BANK, as set forth in the REGULATION.

TITLE V
OF RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES

CLAUSE THIRTEEN - It is the BANK's right:

I - To change the exempt status, with regard to the reimbursement of costs for the use object of this agreement, attributed by the BANK to the INSTITUTION.

CLAUSE FOURTEEN - The BANK's obligations are:
I - to faithfully comply with this AGREEMENT, so that the agreed conditions are fully met;

II - to establish and maintain, within its competence, the conditions that enable the continuous availability of the connection between the INSTITUTION and SISBACEN;

III - to notify the INSTITUTION regarding cases of changes to any of the standards on which SISBACEN access is based.

CLAUSE FIFTEEN - The INSTITUTION's obligations are:

I - to faithfully comply with this AGREEMENT, so that the agreed conditions are fully met;

II - to fully comply with the provisions of the REGULATION;

III - to protect the data contained in SISBACEN transactions and made available to it in order to preserve the secrecy and security of the information;

IV - to allow, at any time, BANK technicians to inspect the "hardware" and "software" used in the connection to the SISBACEN network;

V - to communicate to the BANK, through DEINF, with at least 15 (fifteen) days' notice, any change in the configuration of its computational system that implies the need for compatibility with the "hardware" and "software" of the SISBACEN network;

VI - to comply, with regard to its employees authorized to access SISBACEN, with the provisions of Decree No. 79,099/77, according to which any person who becomes aware of a confidential matter is automatically responsible for maintaining secrecy, also observing, in this regard, the provisions of CLAUSE FOUR of this agreement;

VII - to be responsible for any undue uses of accesses, whether or not they cause damage to the BANK or any of SISBACEN's users;

VIII - to be responsible for the adequate and legitimate use of the data and information to which its operators have access, through the transactions authorized to them, in SISBACEN;

IX - to timely communicate to the BANK any detected abnormality that may compromise the perfect functioning of the connection to SISBACEN, especially concerning information security;

X - to arrange, in SISBACEN, using a specific transaction, the exclusion of departments and operators, upon their eventual unaccreditation.

CLAUSE SIXTEEN - It is the INSTITUTION's responsibility:

I - to adopt necessary measures for providing alternative access to SISBACEN to the one it adopts.

TITLE VI
LIMITATIONS OF LIABILITIES

CLAUSE SEVENTEEN - The BANK is not responsible for:

I - eventual damages caused to the INSTITUTION that chooses to access SISBACEN through connection provider companies, due to failures of any nature occurring in the equipment of that service provider;

II - eventual damages caused to the applicant resulting from possible communication failures and system control programs, when the INSTITUTION accesses SISBACEN transactions;

III - any damages or losses resulting from the inadequate, incorrect, or improper use of the information contained in SISBACEN, including, by way of example, loss of profits, work interruption, data loss, or any other action that may be brought against the BANK, with the exception of those provided for in this Instrument;

IV - decisions or actions taken based on the information contained in SISBACEN.

TITLE VII
OF TERMINATION

CLAUSE EIGHTEEN - The INSTITUTION, in accordance with Article 55, item IX, of Law No. 8,666/93, hereby recognizes the BANK's rights in administrative terminations provided for in Articles 77 to 80 of the same Law.

CLAUSE NINETEEN - The BANK may terminate this AGREEMENT:

I - at any time, regardless of notification, due to the INSTITUTION's non-compliance with any of the obligations contained in this AGREEMENT, especially those in its TITLE VI - OF RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES;

II - regardless of any notification, in cases of bankruptcy, concordat, incorporation, or liquidation of the INSTITUTION.

CLAUSE TWENTY - The AGREEMENT may also be terminated by either party if the other party fails to comply with the obligations assumed herein.

SOLE PARAGRAPH - Non-compliance with the obligations assumed herein shall not constitute a cause for termination when resulting from facts beyond the parties' control, such as fortuitous event and force majeure, as defined in Article 1,058 of the Brazilian Civil Code.

CLAUSE TWENTY-ONE - In the event of termination, under any circumstance or motivation, the authorization object of this AGREEMENT shall cease, and DEINF shall, consequently, immediately unaccredit the INSTITUTION from SISBACEN.

TITLE VIII
OF GENERAL PROVISIONS

CLAUSE TWENTY-TWO - The terms and provisions of this AGREEMENT shall prevail over any other previous understandings or agreements between the parties, express or implied, regarding the conditions established herein.

CLAUSE TWENTY-THREE - The INSTITUTION, at the time of signing this AGREEMENT, presented the following documents, all within their respective validity periods:

I - Certificate of Regularity (CRS) of the FGTS, provided by Caixa Econômica Federal;

II - Negative Debt Certificate (CND) issued by INSS;

III - Certificate of Discharge of Federal Taxes and Contributions, issued by the Federal Revenue Secretariat.

SOLE PARAGRAPH - Also at the time of signing this Instrument, the BANK consulted the Informative Register of Unpaid Credits (CADIN), and no entry was found that would prevent the INSTITUTION from contracting with federal government bodies and entities.

CLAUSE TWENTY-FOUR - This AGREEMENT and the rights arising therefrom may not be assigned or transferred to third parties, except with the express authorization of the parties.

CLAUSE TWENTY-FIVE - The parties elect the forum of Brasília (DF), waiving any others, however privileged they may be, to resolve any issues that may arise during the execution of this AGREEMENT.

AND, being thus fair and agreed, they sign the present instrument in 2 (two) copies of equal content and form, in the presence of the undersigned witnesses.

For the BANK

For the INSTITUTION

ANNEX 3 TO THE SISBACEN REGULATION

DRAFT AGREEMENT TO BE ENTERED INTO WITH INSTITUTIONS INTERESTED IN ACTING AS SISBACEN ACCESS PROVIDERS

AGREEMENT XXXXX AA/NN, FOR THE PROVISION OF SERVICES, ENTERED INTO BETWEEN THE CENTRAL BANK OF BRAZIL AND .....

THE CENTRAL BANK OF BRAZIL, a federal autarchy, created by Law No. 4,595, of 12.31.64, with headquarters in Brasília (DF), registered with the CGC/MF under No. 00.038.166/0001-05, hereinafter simply referred to as the BANK, herein represented by Mr. ......, (......position......), in accordance with the competence provided for in Circular No. 2,717, of 09.03.96, and ......., established at (...address...), registered with the CGC/MF under number (...number...), hereinafter simply referred to as the PROVIDER, herein represented by its (...position...), Mr. (...name...), CPF No. (...number...), who hereby proves with a valid document to be in office and vested with powers to sign this contract, have justly and agreed to the present Instrument, which shall be governed by the provisions of Law No. 8,666/93 and by the following CLAUSES and conditions.

TITLE I
OF THE OBJECT

CLAUSE ONE - The object of this AGREEMENT is the authorization, granted by the BANK to the PROVIDER, to act as an access provider agent to the Central Bank Information System - SISBACEN.

PARAGRAPH ONE - The authorization object of this AGREEMENT is granted by the BANK in the following manner:

I - non-transferable, and the PROVIDER may not assign it to third parties, in any form or as a result of any motivation;

II - non-exclusive, and the BANK may, at its discretion, enter into other agreements with the same purpose.

PARAGRAPH TWO - The purpose of the authorization in question is to provide SISBACEN with an alternative access compatible with the characteristics and needs of its users, considering their type, size, and technological capacity, among other characteristics.

PARAGRAPH THREE - The intermediation mentioned in the main part of this CLAUSE shall occur in relation to SISBACEN users who choose to access this Information System using the data communication network administered by the PROVIDER as an access provider to the data communication network administered by the BANK.

PARAGRAPH FOUR - The PROVIDER is expressly prohibited from providing the services referred to in this AGREEMENT, in relation to:

I - bodies belonging to the Direct Administration of the Federal Government;

II - institutions related to foreign trade, which access SISBACEN within the scope of the Integrated Foreign Trade System - SISCOMEX;

III - individuals or legal entities that use Public Access to SISBACEN, in Free or Restricted modalities.

CLAUSE TWO - In fulfilling the purpose of this AGREEMENT, referred to in PARAGRAPH ONE of CLAUSE ONE, and which embodies its object, the conditions established therein shall be observed, as well as in the ADDENDA and specific adjustments that may become linked to it.

CLAUSE THREE - The access provision services referred to in this AGREEMENT, to be provided by the PROVIDER, may be commercialized by the latter to SISBACEN users.

CLAUSE FOUR - The costs inherent to the fulfillment of the purpose of this AGREEMENT shall be reimbursed by the PROVIDER to the BANK, as provided for in this Instrument.

CLAUSE FIVE - The BANK may, at its sole discretion, assign to the PROVIDER the responsibility for:

I - collecting fees for SISBACEN accreditation and use, in models to be established, from users who utilize the intermediation services provided for in this AGREEMENT;

II - transferring to the BANK the amount collected from SISBACEN users, in accordance with the provisions of the preceding Item.

CLAUSE SIX - For the purposes of this AGREEMENT:

I - Central Bank Information System - SISBACEN, hereinafter simply referred to as SISBACEN in this AGREEMENT, is the set of application subsystems, functionally interrelated and interdependent, responsible for the collection, processing, and availability of information at operational, managerial, and strategic levels, within the scope of the BANK, Federal Government Entities and Bodies, institutions controlled and/or supervised by the BANK, and society in general, observing the security and secrecy precepts involving such information;

II - Information Technology Department - DEINF, hereinafter simply referred to as DEINF in this AGREEMENT, is the BANK's organizational unit responsible for the administration of SISBACEN, as well as for the formulation, execution, and evaluation of policies involving information technology within the scope of the BANK, and, consequently, for the administration of this Instrument.

TITLE II
OF VALIDITY AND TERM

CLAUSE SEVEN - This AGREEMENT shall enter into force up to 90 (ninety) days after the date of its signature.

PARAGRAPH ONE - Between the dates of signature and commencement of validity of this AGREEMENT, the operationalization conditions of this Instrument must be established by the technical teams of the parties, especially the availability of the access route referred to in CLAUSE TEN, observing its other provisions.

PARAGRAPH TWO - Once the conditions mentioned in the preceding PARAGRAPH are established before the expiration of the term mentioned in the main part of this CLAUSE, the parties may, by mutual agreement, anticipate the commencement of validity of this AGREEMENT, which must be formalized through a specific document.

PARAGRAPH THREE - If the conditions referred to in the preceding PARAGRAPH ONE are not established by the expiration of the term mentioned in the main part of this CLAUSE, the BANK may, at its sole discretion:

I - unilaterally terminate this AGREEMENT;

II - extend the term in question, provided that it is requested by the PROVIDER, who must present justifications for its non-compliance.

CLAUSE EIGHT - The duration of this AGREEMENT shall observe a term of 48 (forty-eight) months.

TITLE III
OF PROVISION OF ACCESS TO SISBACEN

CLAUSE NINE - The beneficiaries of the access provision service, to be rendered by the PROVIDER in accordance with this Instrument, must necessarily be SISBACEN user institutions, duly authorized by the BANK to access this Information System.

PARAGRAPH ONE - The PROVIDER shall send monthly to the BANK, by means of correspondence addressed to DEINF, an updated list of users to whom it provides access to SISBACEN.

PARAGRAPH TWO - The PROVIDER is expressly prohibited from providing the services referred to in this AGREEMENT, in relation to users not included in the lists referred to in the preceding PARAGRAPH.

CLAUSE TEN - For the fulfillment of the purpose of this AGREEMENT, a connection shall be established between the data communication networks administered by the parties.

PARAGRAPH ONE - The contracting of the communication line, necessary for establishing the connection referred to in this CLAUSE, must be carried out by the PROVIDER, which shall be responsible for the costs involved.

PARAGRAPH TWO - The BANK shall ensure to the PROVIDER, for the purpose of this CLAUSE, availability in its communication processors to support the connection between the networks administered by the parties.

CLAUSE ELEVEN - The data and information subject to traffic between SISBACEN and its users are protected by the banking secrecy institute, as provided for in Article 38 of Law No. 4,595, of 12.31.64, with those responsible for eventual violations being subject to the sanctions provided for in Paragraph 7 of the same article.

FIRST PARAGRAPH - In view of the legal provisions mentioned in the heading of this CLAUSE, the PROVIDER is prohibited, in the execution of SISBACEN access provision services, from storing, treating, processing, intercepting, as well as any other types of manipulation of data and information trafficked between the BANK and SISBACEN users, in order to preserve its integrity, confidentiality, and security.SECOND PARAGRAPH - To ensure what is established in the previous PARAGRAPH, the PROVIDER's computing infrastructure - equipment, programs, applications, data communication devices, as well as any other devices - must function as a passive agent with regard to the data and information that pass through it, limiting itself to managing the routing of access from terminal devices and applications available to users to the applications that are part of SISBACEN, to which the BANK authorizes access.THIRD PARAGRAPH - Exceptional cases regarding what is provided in the preceding PARAGRAPHS, which have technical motivation and concern ensuring the availability of access to SISBACEN by its users, must be immediately and formally submitted by the PROVIDER to the BANK, which will also formally respond to them.CLAUSE TWELVE - The connection between the data communication networks administered by the parties will occur in observance of the standards established by the BANK, especially the following:I - IBM SNA (System Network Architecture) network architecture;II - gateway interconnection topology between the networks administered by the BANK and the PROVIDER, through the use of the SNI (System Network Interconnection) facility of the IBM SNA architecture, provided for in connections between IBM 37x5 type communication processors, or devices that emulate them;III - connection of users' terminal devices (video and printing) to the PROVIDER's network exclusively through dedicated circuits, i.e., private data transmission lines, urban or interurban, prohibiting the use of dial-up circuits and packet networks;IV - IBM 327x interface, for presentation to video terminal devices;V - IBM 327x interface for printing terminal devices, with the paper needing to observe, vertically, 11 (eleven) inches in length per page - 8 (eight) print lines per inch - and, horizontally, 132 (one hundred and thirty-two) columns.SOLE PARAGRAPH - The BANK may, at its sole discretion, and as a result of technological advancements or improvements to be provided to SISBACEN users, alter the standards referred to in this CLAUSE.TITLE IVOF COST REIMBURSEMENTCLAUSE THIRTEEN - The costs related to the authorization object of this CONTRACT, referring to the resources integrating the BANK's computing and communications infrastructure, allocated due to the establishment of the connection between the data communication networks administered by the parties, will be subject to reimbursement by the PROVIDER to the BANK.CLAUSE FOURTEEN - The costs referred to in the previous CLAUSE will be subject to
arbitration by the BANK, in the manner established in this CONTRACT, and their reimbursement will occur from the effective date of this Instrument.FIRST PARAGRAPH - The reimbursement referred to in this CLAUSE will be carried out through the provision of technical advisory services by the PROVIDER to the BANK, in the various areas that govern the development, maintenance, operation, administration, and data security, and support for equipment, programs, and communications within SISBACEN.SECOND PARAGRAPH - It will be at the BANK's sole discretion to choose, among the projects under development under the responsibility of DEINF, those that will be subject to the provision of the advisory services referred to in this CLAUSE.THIRD PARAGRAPH - The advisory services, as defined in this CLAUSE, will be provided by the PROVIDER through professionals linked to it, chosen based on their training and the area and complexity of the project to be developed.FOURTH PARAGRAPH - The BANK may, at any time and at its sole discretion, request the replacement of any of the professionals designated by the PROVIDER for the provision of technical advisory services, due to:I - their personal or professional conduct;II - the start, alteration, cancellation, or finalization of any projects;III - the alteration of priorities in relation to projects, whatever the phase of their development.FIFTH PARAGRAPH - It is established that for every set of 30 (thirty) users - fractions disregarded - whose access to SISBACEN is intermediated by the PROVIDER, there will be an obligation to provide 170 (one hundred and seventy) monthly hours of technical advisory services, under the terms of this CONTRACT.SIXTH PARAGRAPH - It is also established that the minimum number of monthly hours of technical advisory services that must be obligatorily provided by the PROVIDER to the BANK, as provided in this CLAUSE, is 170 (one hundred and seventy).SEVENTH PARAGRAPH - In the calculation of the quantity of hours of services effectively provided, carried out monthly, the set of professionals designated by the PROVIDER, involved in all projects under development that have been qualified by DEINF for the provision of advisory services, will be considered.EIGHTH PARAGRAPH - The services provided and the corresponding hours will be subject to permanent monitoring, control, and evaluation by the BANK and the PROVIDER, who will establish, by mutual agreement, the operational procedures to be observed in their implementation.TITLE VOF THE TRANSFER OF COST REIMBURSEMENT FOR ACCREDITATION AND USE OF SISBACENCLAUSE FIFTEEN - The BANK may assign to the PROVIDER, at its sole discretion, the responsibility for collecting fees for the accreditation and use of SISBACEN, regarding users who opt for the intermediation services referred to in this CONTRACT.CLAUSE SIXTEEN - If the collection system provided for in the previous CLAUSE is established, the parties will sign an ADDITIVE instrument to this CONTRACT,
instituting a new wording for this TITLE V, which must then provide, among others, the conditions related to:I - the collection to be made by the PROVIDER from users;II - the transfer of collected funds by the PROVIDER to the BANK.TITLE VIOF RIGHTS, OBLIGATIONS, AND RESPONSIBILITIESCLAUSE SEVENTEEN - The BANK's rights are:I - to be reimbursed, observing the provisions of TITLE IV - OF COST REIMBURSEMENT, regarding the costs related to the authorization object of this CONTRACT, pertaining to the resources integrating the BANK's computing and communications infrastructure, allocated due to the connection between the data communication networks administered by the parties;II - to be reimbursed, in the manner established in TITLE V - OF THE TRANSFER OF COST REIMBURSEMENT FOR ACCREDITATION AND USE OF SISBACEN, regarding the costs related to users' access to SISBACEN, when such accesses use the PROVIDER's intermediation;III - to promote, at any time, through duly accredited technicians, the performance of technical audits, related to information security, and other aspects provided for in this Instrument - in the complex formed by equipment, programs, applications, data communication devices, and others used by the PROVIDER for establishing the connection with the BANK.CLAUSE EIGHTEEN - It is the PROVIDER's right to commercialize, with users characterized in the heading of CLAUSE NINE, and under the conditions provided in this CONTRACT, SISBACEN access provision services.CLAUSE NINETEEN - The BANK's obligations are:I - to faithfully comply with this CONTRACT, so that the agreed conditions are fully met;II - to notify the PROVIDER with a minimum advance notice of 90 (ninety) days, regarding cases of changes to any of the standards on which SISBACEN access is based, mentioned in CLAUSE TWELVE of this CONTRACT.CLAUSE TWENTY - The PROVIDER's obligations are:I - to faithfully comply with this CONTRACT, so that the agreed conditions are fully met;II - to guarantee the perfect execution of all SISBACEN transactions available to institutions, bodies, or entities authorized to access it using its intermediation;III - to allow the performance of the audits referred to in item III of CLAUSE SEVENTEEN of this CONTRACT;IV - to immediately communicate to the BANK, through DEINF, any detected abnormalities that may compromise the perfect functioning of the connection, especially regarding information security;V - to forward to the BANK, by the 5th (fifth) business day of each month, the list of users referred to in the FIRST PARAGRAPH of CLAUSE NINE of this CONTRACT.CLAUSE TWENTY-ONE - It is the BANK's responsibility to establish and maintain, within its competence, the conditions that enable the continuous availability of the connection between the data communication networks administered by the parties.CLAUSE TWENTY-TWO - The PROVIDER's responsibilities are:I - to maintain its computing infrastructure adequate, regarding equipment, programs, data communication
devices, and any others, in relation to the standards established by the BANK, referred to in CLAUSE TWELVE of this CONTRACT, with the objective of keeping the connection between the data communication networks administered by the parties operational, and, consequently, users' access to SISBACEN through the PROVIDER's intermediation;II - to maintain a service level, regarding response time and availability, equivalent to that enjoyed by users connected directly to the BANK's data communication network, via dedicated data transmission circuit, observing compatibility between circuit speeds;III - to establish and maintain, within its competence, the conditions that enable the continuous availability of the connection between the data communication networks administered by the parties, as well as users' access to SISBACEN;IV - to bear all expenses related to the provision, installation, and maintenance of equipment, programs, and data communication devices, among others, necessary for the functioning of the connection between the networks administered by the parties.CLAUSE TWENTY-THREE - The BANK agrees that the PROVIDER cannot be held responsible by users who utilize its intermediation services, provided that, demonstrably and cumulatively, the provisions of CLAUSES ELEVEN, TWENTY, item II, and TWENTY-TWO, items I, II, and III, are observed, for:I - any damages or losses resulting from the inadequate, incorrect, or improper use of the information contained in SISBACEN, including, for example, lost profits, work interruption, data loss, or any other action that may be brought against the BANK by them, with the exception of those provided for in this Instrument;II - decisions or actions taken based on the information contained in SISBACEN.CLAUSE TWENTY-FOUR - The PROVIDER agrees that the BANK cannot be held responsible by users who utilize the intermediation services referred to in this CONTRACT, provided that, demonstrably and non-cumulatively, the provisions of CLAUSES ELEVEN, TWENTY, item II, and TWENTY-TWO, items I, II, and III, are not observed, for:I - any damages or losses resulting from the inadequate, incorrect, or improper use of the information contained in SISBACEN, including, for example, lost profits, work interruption, data loss, or any other action that may be brought against the BANK by them, with the exception of those provided for in this Instrument;II - decisions or actions taken based on the information contained in SISBACEN.TITLE VIIOF OWNERSHIPCLAUSE TWENTY-FIVE - The following are the property of the BANK:I - the data and information maintained in the databases that are part of SISBACEN, whose access the PROVIDER is authorized to intermediate under the conditions established in this Instrument;II - the information and materials, of any nature, related to any of the projects that may be subject to the technical advisory services provided by the PROVIDER, including those that may be transferred to the BANK during the service
provision process.TITLE VIIIOF TERMINATIONCLAUSE TWENTY-SIX - The PROVIDER, in accordance with art. 55, item IX, of Law No. 8,666/93, hereby recognizes the BANK's rights in administrative terminations provided for in arts. 77 to 80 of the same Law.CLAUSE TWENTY-SEVEN - The BANK may terminate this CONTRACT or any of its ADDITIVES:I - at any time, regardless of notification, due to the PROVIDER's non-compliance with any of the obligations contained in this CONTRACT, especially those in its TITLE VI - OF RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES;II - at any time, by means of notification with a minimum advance notice of 60 (sixty) days, if the BANK's interest in the intermediation of access to SISBACEN carried out by the PROVIDER ceases;III - after the period referred to in CLAUSE SEVEN has elapsed and the situation provided for in the heading of its THIRD PARAGRAPH has been verified, by means of notification;IV - regardless of any notification, in cases of bankruptcy, composition with creditors, merger, or liquidation of the PROVIDER.SOLE PARAGRAPH - Infringement of the provisions of the FOURTH PARAGRAPH of CLAUSE ONE and the SECOND PARAGRAPH of CLAUSE NINE will be considered a necessary and sufficient reason for the termination of this CONTRACT, as provided for in Item I of this CLAUSE.CLAUSE TWENTY-EIGHT - The CONTRACT may also be terminated by either party if the other party fails to comply with the obligations assumed herein.SOLE PARAGRAPH - Non-compliance with the obligations assumed herein does not constitute a cause for termination when resulting from facts beyond the parties' control, such as fortuitous event and force majeure, as defined in art. 1,058 of the Brazilian Civil Code.CLAUSE TWENTY-NINE - In the event of termination, under any circumstance or motivation, the authorization object of this CONTRACT will cease, observing, where applicable, the precepts of art. 80 of Law No. 8,666/93.TITLE IXOF GENERAL PROVISIONSCLAUSE THIRTY - The terms and provisions of this CONTRACT will prevail over any other previous understandings or agreements between the parties, express or implied, regarding the conditions established herein.CLAUSE THIRTY-ONE - The PROVIDER, at the time of signing this CONTRACT, presented the following documents, all within their respective validity periods:I - Certificate of Regularity (CRS) of the FGTS, provided by Caixa Econômica Federal;II - Negative Debt Certificate (CND) issued by INSS;III - Certificate of Discharge of Federal Taxes and Contributions, issued by the Federal Revenue Secretariat.SOLE PARAGRAPH - Also at the time of signing this Instrument, a consultation was made by the BANK to the Informative Register of Unpaid Credits (CADIN), and no entry was found that would prevent the PROVIDER from contracting with Federal Government bodies and entities.CLAUSE THIRTY-TWO - This CONTRACT and the rights arising therefrom may not be assigned or transferred to third parties, except with the express authorization of the
parties.CLAUSE THIRTY-THREE - The provisions of this CONTRACT may not be altered or amended by the parties, except by means of ADDITIVES, which must include the express agreement of the PROVIDER and the BANK.CLAUSE THIRTY-FOUR - The parties elect the forum of Brasília (DF), waiving any others, however privileged they may be, to resolve issues that may arise during the execution of this CONTRACT.And, being thus fair and agreed, they sign this Instrument in 2 (two) copies of equal content and form, in the presence of the undersigned witnesses.Brasília (DF), (...)______By the BANK______By the PROVIDERWITNESSES:ANNEX 4 TO THE SISBACEN REGULATION1. Basic monthly fee for accreditation: R$198.00 (one hundred and ninety-eight reais)2. Fees for SISBACEN use:I - for each megabyte trafficked exceeding 3 (three) megabytes per month: R$66.00 (sixty-six reais);II - per magnetic tape received (reel or cartridge): R$132.00 (one hundred and thirty-two reais);III - per megabyte contained in received magnetic tapes, exceeding 3 (three) megabytes: R$66.00 (sixty-six reais);IV - per floppy disk received (3.1/2 or 5.1/4) exceeding three floppy disks per month: R$99.00 (ninety-nine reais).