Circular No. 3,913 — Discloses the Regulation of the Central Bank Information System (Sisbacen)

CIRCULAR NO. 3,913, OF SEPTEMBER 5, 2018
Discloses the Regulation of the Central Bank Information System (Sisbacen).

The Collegiate Board of the Central Bank of Brazil, in a session held on September 5, 2018, based on Article 9 of Law No. 4,595, of December 31, 1964,

RESOLVES:

Article 1. The Regulation of the Central Bank Information System (Sisbacen) is disclosed in the form of the Annex to this Circular.

Article 2. Legal entities interested in contracting access to Sisbacen and those that have a legal or regulatory obligation to provide information to the Central Bank of Brazil through Sisbacen or, furthermore, to insert records therein, are exempt from presenting proof of regularity with social security and with the Time Service Guarantee Fund (FGTS).

Article 3. The Department of Information Technology (Deinf) is authorized to adopt complementary measures aimed at complying with this Circular and the Annexed Regulation.

Article 4. The following are revoked:
I - Circular No. 3,232, of April 6, 2004;
II - Circular No. 3,806, of August 3, 2016; and III - Circular Letter No. 3,205, of September 5, 2005.

Article 5. This Circular enters into force on October 1, 2018.

Carolina de Assis Barros
Director of Administration
Paulo Sérgio Neves de Souza
Director of Supervision

This text does not replace the one published in the Official Gazette of the Union (DOU) on 9/10/2018, Section 1, pp. 30-32, and in Sisbacen.

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ANNEXED REGULATION TO CIRCULAR NO. 3,913, OF SEPTEMBER 5, 2018 Regulates the Central Bank Information System (Sisbacen).

CHAPTER I
OF THE NAME AND PURPOSE

Article 1. The Central Bank Information System (Sisbacen) is the set of systems and information technology resources of the Central Bank of Brazil for conducting its work processes, in order to:
I - provide the Central Bank of Brazil with information technology instruments for the fulfillment of its institutional mission; II - facilitate the collection, processing, and dissemination of information of interest to the Central Bank of Brazil; and III - make available to bodies and entities of the Public Power, as well as to natural and legal persons, information contained in its databases and of interest to these entities, observing the confidentiality principles that legally involve this information.

Article 2. Sisbacen is a registered trademark at the National Institute of Industrial Property (INPI), and the Central Bank of Brazil holds all rights over it in accordance with current legislation.

Article 3. The data and information contained in Sisbacen, whether accessible or not to its users, are the property of the Central Bank of Brazil.

CHAPTER II
OF ADMINISTRATION

Article 4. The administration of Sisbacen is the responsibility of the Department of Information Technology (Deinf) of the Central Bank of Brazil.

Article 5. It is incumbent upon Deinf, as administrator, to adopt, in accordance with its regimental competence, the procedures necessary for the adequate functioning of Sisbacen, especially to:
I - establish the criteria to be observed in the computerized processes of collection, validation, processing, storage, and consultation of information required by the Central Bank of Brazil; II - disseminate the necessary guidelines regarding the accreditation and use of Sisbacen; and III - administer the security subsystem and execute the general security management of Sisbacen.

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CHAPTER III
OF USERS

Article 6. Access to the resources offered by Sisbacen will be defined based on the category and profile of the user.

Article 7. The following are the user categories of Sisbacen:
I - corporate: Central Bank of Brazil;
II - governmental: body or entity part of the Federal Public Administration, direct or indirect, including the Legislative and Judicial Branches; III - institutional: institution subject to the regulatory or supervisory action of the Central Bank of Brazil; and IV - special: natural or legal person who accesses a restricted and limited set of Sisbacen resources.

§ 1. The oversight councils of regulated professions fall under the governmental user category.

§ 2. An institution classified as an institutional user cannot be a governmental user.

§ 3. Entities linked to the National Financial System, such as trade associations and stock exchanges, are equated to institutional users.

§ 4. The institutional, governmental, or special user must maintain a relationship with the regional representation of the Central Bank of Brazil of the jurisdiction of the location of its headquarters.

CHAPTER IV
OF ACCESS MODALITIES

Article 8. Sisbacen is accessible in the following manner:
I - through an internet service provider accredited by the Central Bank of Brazil; and II - via the internet.

Sole Paragraph. The costs for connection to Sisbacen are the exclusive responsibility of the user.

CHAPTER V
OF ACCREDITATION FOR ACCESS AND USE

Article 9. The registration of institutional and special users for access and use of Sisbacen is conditioned to the signing of an agreement or a service provision contract.

§ 1. The contracting process will proceed with exemption from bidding, in accordance with the caput of Article 25 of Law No. 8,666, of June 21, 1993.

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§ 2. The special user is only exempt from signing a contract if it exclusively uses a Sisbacen service that is not subject to cost reimbursement.

§ 3. The governmental user must use a specific form for access and use of Sisbacen, being exempt from signing an agreement or contract, except for agreements for the use of services with specific rules.

CHAPTER VI
OF ACCESS SECURITY TO INFORMATION

Article 10. The information contained in Sisbacen is covered by the institution of bank secrecy, in accordance with Complementary Law No. 105, of January 10, 2001, receiving the treatment established in this Law, without prejudice to the provisions of other special laws.

Article 11. Access to Sisbacen by accredited users is based on validation and authentication procedures, using institutional and personal identifiers and individual passwords.

Article 12. Security for access by accredited users is administered in a decentralized manner, through a specific subsystem, structured in two distinct hierarchical levels:
I - General Security Management of Sisbacen; and II - Sectoral Security Management of Sisbacen.

Article 13. It is the responsibility of the General Security Manager of Sisbacen to maintain:
I - the set of access groups;
II - the registry of user institutions; and
III - the registry of Sectoral Security Managers of Sisbacen.

Article 14. The Sectoral Security Manager of Sisbacen, at the level of the user institution to which they are linked, is responsible for maintaining:
I - the registry of individual users;
II - the accreditation of individual users in access groups; III - the registry of alternate Sectoral Security Managers; and IV - the registry of its branches or subsidiaries.

Article 15. The individual user is responsible for:
I - keeping confidential the data and information to which they may have access, when these have such a characteristic; and II - keeping and protecting their individual password for access to Sisbacen.

Article 16. The user institution may not impute to the Central Bank of Brazil any type of damage suffered as a result of the action of its Sectoral Security Manager or its individual user.

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CHAPTER VII
OF COST REIMBURSEMENT

Article 17. Users are subject to reimbursing the Central Bank of Brazil for costs associated with the use of Sisbacen.

Sole Paragraph. The use of the homologation version of Sisbacen, which is the system testing environment, is exempt from cost reimbursement.

Article 18. Cost reimbursement will be based on digital traffic or the demanded service.

Article 19. The governmental user is exempt from reimbursing costs associated with the use of Sisbacen.

Article 20. The Central Bank of Brazil may establish exceptions for cost reimbursement with the use of Sisbacen.

Article 21. User institutions of Sisbacen that undergo an extrajudicial liquidation process by the Central Bank of Brazil will be exempt from cost reimbursement from the date of the decree of liquidation.

Section I
Of Digital Traffic

Article 22. Cost reimbursement for digital traffic will be made by payment of a value corresponding to the quantity of megabytes (MB) transmitted.

Sole Paragraph. Digital traffic will be measured in megabytes (MB), disregarding fractions, being equivalent to one million bytes, as defined in the International System of Units.

Section II
Of Demanded Service

Article 23. Cost reimbursement for the demanded service will be made by payment of a specific value for the consumption of the service.

Sole Paragraph. The services and values are established in the Annex to this Regulation.

Section III
Of Payment

Article 24. Payment of the installments regarding reimbursement will be effected by:
I - transfer to the Central Bank of Brazil of the values through the Central Bank Posting System (SLB); II - bank collection made by a financial institution accredited by the Central Bank of Brazil; or III - another modality established by the Central Bank of Brazil.

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CHAPTER VIII
OF CONNECTION SERVICE PROVIDERS

Article 25. The Central Bank of Brazil may accredit companies that express interest in executing services of providing access to Sisbacen.

Article 26. Deinf may conduct an inspection to assess the technical capacity of the company that requests accreditation as a provider of access services to Sisbacen.

Article 27. Companies interested in acting as providers of access services must use the connection modality to Sisbacen specified by the Central Bank of Brazil.

Article 28. Accreditation for the provision of access services to Sisbacen will be the subject of a Service Provision Contract between the interested company and the Central Bank of Brazil.

Sole Paragraph. The contracting process will proceed with exemption from bidding, based on the caput of Article 25 of Law No. 8,666, of 1993.

Article 29. The Service Provision Contract must observe, among others, the following guidelines:
I - confer authorization for the provision of the services in question, on a non-transferable and non-exclusive basis; and II - be governed by current legislation.

Article 30. The costs of the resources made available to institutions that accredit for the provision of access services to Sisbacen, referring to the resources part of the computing and communications park of the Central Bank of Brazil, 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 Central Bank of Brazil.

Article 31. The costs referred to in Article 30 will be subject to reimbursement from the signing of the contract, in the form established in this Regulation.

§ 1. The reimbursement provided for in this article will be effected through the provision of advisory services, by the provider institution to the Central Bank of Brazil, in the various areas responsible for the maintenance of the systems and infrastructure that support Sisbacen.

§ 2. It is at the exclusive discretion of the Central Bank of Brazil to choose the areas in which the advisory services referred to in this article will be provided.

§ 3. The advisory services, as defined in this article, will be provided by professionals linked to the access provider.

§ 4. It is established that for every set of 30 (thirty) users, disregarding fractions, whose access to Sisbacen is intermediated by the provider, there will be an obligation to provide 170 (one hundred and seventy) hours per month of technical advisory services, in accordance with this Regulation.

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§ 5. It is also established that the minimum number of hours per month of technical advisory services, which must be obligatorily provided by the provider institution to the Central Bank of Brazil, in the form provided for in this article, is 170 (one hundred and seventy).

CHAPTER IX
FINAL PROVISIONS

Article 32. Deinf is authorized to establish complementary procedures to those contained in this Regulation, with a view to achieving its objectives.

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ANNEX TO THE REGULATION OF THE CENTRAL BANK INFORMATION SYSTEM (SISBACEN)

In R$

Service Table (per month)

1. General digital traffic (1)
   up to 5MB Exempt from 6MB to 800MB 112.00/MB above 800MB 160.00/MB

2. Digital traffic of the document (1):
   a) code 3040 – Credit Risk Data b) code 2080 – Position of Quotas and Groups of Consortium Operations – Real Estate and Movable Goods up to 5MB (traffic per type of document) Exempt from 6MB to 800MB (traffic per type of document) 45.00/MB above 800MB (traffic per type of document) 65.00/MB

Substitution of document (per type)
Reimbursement of 10% of the highest value ascertained between the substitute document and the substituted one will be charged, plus the positive difference between the value of the substitute document and the substituted one.

3. Credit Information System
   (SCR) web page consultation
   (500 exemption) 1.10 per consultation web service consultation 0.11 per consultation consultation by means of file (5,000 exemption of groups of 10 consultations) 0.30 for each group of 10 consultations online correction by means of web page (document code 3040: customer data or aggregated data) 1.30 per screen recorded

4. Foreign Exchange System
   foreign exchange event registration
   (5,000 exemption of records) 1.00 per record foreign exchange performance consultation 6.00 per consultation incorporation of foreign exchange contract 0.10 per record general consultation with message response 3.00 per consultation general consultation with file response 3.00 per consultation plus the cost of the general digital traffic service

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5. International Transfers in Reals System (TIR)
   registration and cancellation of TIR, by messaging (5,000 exemption of records/cancellations) 1.00 per record/cancellation registration of TIR launch, by consolidated file 0.10 per record general consultation with message response 3.00 per consultation general consultation with file response 3.00 per consultation plus the cost of the general digital traffic service

6. BC Mail System
   (channels: web page or web services) cancellation of electronic mail 0.18 per cancellation reading of electronic mail (510 exemption per channel) 0.18 per reading transmission, retransmission, destination, archiving and reservation of electronic mail (150 exemption of operations per channel) 0.18 per operation listing of electronic mail (3,045 exemption per channel) 0.18 per listing

7. Information Disclosure System
   (Divulgador) web services consultation 0.01 per consultation

(1) Exempt from reimbursement for digital traffic are the special user and the entities administering financial registration and settlement systems authorized by the Central Bank of Brazil or by the Securities and Exchange Commission (CVM), when exercising exclusively the function of registrar of operations carried out by financial institutions and other institutions authorized to operate by the Central Bank of Brazil.