Circular No. 3.234

CIRCULAR N. 003234 ------------------ Amends the exchange regulations to provide for digital signature in exchange contracts through the use of digital certificates issued within the scope of the Public Key Infrastructure (ICP-Brasil), and provides other measures. The Collegiate Board of the Central Bank of Brazil, in a session held on 14 April 2004, based on the provisions of art. 23 of Law 4.131, of 3 September 1962, Law 9.613, of 3 March 1998, Provisional Measure 2.200-2, of 24 August 2001, Resolution 1.552, of 22 December 1988, and Resolution 1.690, of 18 March 1990, D E C I D E D: Art. 1 Amend the exchange regulations to provide for digital signature in exchange contracts through the use of digital certificates within the scope of the Public Key Infrastructure (ICP-Brasil). Art. 2 Standardize the requirement to keep the documents supporting exchange transactions for a period of 5 (five) years, counted from the end of the fiscal year in which the transaction was completed, for presentation to the Central Bank of Brazil, if requested. Art. 3 Review the requirements relating to the registration data of clients, maintained by financial institutions authorized to operate in exchange. Art. 4 Disclose the pages necessary for updating the Regulation on Exchange Contract and Classification of Operations of the Free Rate Exchange Market and the Regulation of the Floating Rate Exchange Market, which constitute chapters 1 and 2 of the Consolidation of Exchange Rules - CNC, respectively. Art. 5 This Circular enters into force on the date of its publication, producing its effects as of 10 May 2004. Brasília, 15 April 2004 Alexandre Schwartsman Paulo Sérgio Cavalheiro Director Director João Antônio Fleury Teixeira Director CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 TITLE: General Provisions - 1 --------------------------------------------------------------------- 1. An exchange contract is defined as the special instrument signed between the seller and the buyer of foreign currencies, in which the characteristics of the exchange transactions and the conditions under which they are carried out are mentioned. 2. Exchange transactions are registered through terminals interconnected with the Central Bank Information System - Sisbacen, by filling in the screens of that system, in accordance with the provisions of this chapter. (NR) 3. The codes contained in this chapter and in chapter 2, relating to the nature of the transaction, constitute the Classification Code referred to in § 1 of article 23 of Law 4.131, of 03.09.1962. 4. When entering into exchange transactions, the intervening parties declare that they are fully aware of the exchange rules in force, notably Law 4.131, of 03.09.1962, and subsequent amendments, especially article 23 of the aforementioned legal instrument, the text of which shall be included in the exchange contract entered into, "verbis": "Art. 23. - Exchange transactions in the free rate market shall be carried out
through establishments authorized to operate in exchange, with the intervention of an official broker when provided for by law or regulation, both being responsible for the identity of the client, as well as for the correct classification of the information provided by the client, according to rules established by the Superintendence of Money and Credit. § 1 Transactions that do not clearly fall within the specific items of the Classification Code adopted by SUMOC, or that are classifiable under residual headings, such as "Others" and "Miscellaneous", may only be carried out through Banco do Brasil S/A. § 2 It constitutes an infraction attributable to the banking establishment, the broker and the client, punishable by a fine of 50 (fifty) to 300% (three hundred percent) of the value of the transaction for each of the offenders, the declaration of false identity on the form which, in the number of copies and according to the model determined by the Central Bank of Brazil, shall be required in each transaction, signed by the client and initialed by the banking establishment and the broker intervening therein. (wording given by article 72 of Law 9.069, of 29.06.1995) § 3 It constitutes an infraction, for which the client is exclusively responsible, punishable by a fine of 5 (five) to 100% (one hundred percent) of the value of the transaction, the declaration of false information on the form referred to in § 2 (wording given by article 72 of Law 9.069, of 29.06.1995) § 4 It constitutes an infraction, attributable to the banking establishment and the broker intervening in the transaction, punishable by a fine equivalent to 5 (five) to 100% (one hundred percent) of the respective value, for each of the offenders, the incorrect classification, within the rules established by the Council of the Superintendence of Money and Credit, of the information provided by the client on the form referred to in § 2 of this article. § 5 In case of recidivism, the Council of the Superintendence of Money and Credit may revoke the authorization to operate in exchange from banking establishments that neglect compliance with the provisions of this article and propose to the competent authority the same measure in relation to brokers. § 6 The text of this article shall mandatorily be included in the form referred to in § 2." 5. The numbering of exchange transactions, carried out automatically by Sisbacen, is annually restarted per branch of an authorized bank or institution accredited to operate in exchange for each of the purchase and sale series, composed of the current year followed by six digits. (NR) 6. The printing of the exchange contract, when required, must be legible and without erasure or alteration. (NR) 7. The settlement, cancellation and write-off of exchange transactions do not eliminate responsibilities that may be attributed to the parties and the intervening broker, under the terms of the legislation and regulations in force, as a result of
verifications that, at any time, may be carried out by the Central Bank of Brazil. 8. The existence of the codes provided for in this chapter and the possibility of making registrations in Sisbacen do not presuppose permission to carry out foreign exchange transactions that are not supported by the regulations in force or by specific authorization from the Central Bank of Brazil. 9. The parties must adopt the necessary precautions regarding the safekeeping and maintenance of documents relating to transactions entered into, observing the regulatory periods to which they are subject. 10. Any doubt regarding the application of the provisions contained in this chapter must be resolved with the foreign exchange control sector of the Central Bank of Brazil. 11. In addition to the provisions contained in this chapter, the particularities of each transaction, dealt with in their own chapters, must also be observed. CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Exchange Contract - 1 TITLE: Execution - 2 --------------------------------------------------------------------- SECTION I: PRELIMINARY PROVISIONS 1. The registration of the execution, amendment, cancellation or closure of foreign exchange transactions carried out on the day must be made by 7:00 p.m. (nineteen hours) using transactions PCAM300 or PCAM700. On an exceptional basis, the Central Bank of Brazil may authorize the use of transaction PCAM500. 2. Foreign currency purchase and sale transactions carried out between banks authorized or accredited to operate in foreign exchange may be contracted using transaction PCAM380 or PCAM383 (electronic interbank), observing: a) the provisions of the rules applicable to transactions of this type, including in relation to times; b) that in fulfilling obligations arising from the settlement process of foreign exchange transactions using transaction PCAM383 in which there is default by one of the parties, banks authorized to operate in foreign exchange may carry out a foreign currency purchase or sale transaction with a clearing or settlement chamber or service provider, under the operation nature code "55048 - BRAZILIAN SHORT-TERM CAPITAL - Obligations linked to interbank transactions". 3. The formalization of the transactions in question is carried out in the form of the facsimiles that constitute annexes 1 to 10 of this chapter: a) from printing of the data that has been registered in Sisbacen - function defined in the System; or b) by any other means of printing or reproduction, provided that it has the same content and observes the same graphic presentation; or c) by means of the original file of the exchange contract, the digital signatures of the parties to the exchange contract (bank, client and, if applicable, the broker) and the respective digital certificates, in the case of digital certification within the scope of the Brazilian Public Key Infrastructure (ICP-Brasil); (NR) 4. Excepted from the provisions of the previous item are the
transactions dealt with in title 19 of chapter 5 and title 14 of chapter 6, whose formalization, when applicable, occurs by signing a slip, which constitutes annex no. 11 of this chapter. 5. The use of the transactions indicated in item 1 unfolds into two distinct phases: a) registration/editing of the exchange contract - available to banks and brokers: allows the inclusion, exclusion and amendment of data and clauses, the making of adjustments to the informed data or the annulment of the registration by the institution; b) completion of the exchange contract - available to banks: confirmation of the transaction, which then appears in the institution's exchange position. 6. After the completion of the exchange contract, any amendments and/or cancellations must be made in the specific functions available in the System and subject to the rules applicable to transactions of this type. 7. On the same day of completion, the annulment of the completed contract is still permitted by using transaction PCAM200. 8. Contracts that are registered in Sisbacen and not completed on the same day will be automatically excluded by the System. 9. Regarding the signature of exchange contracts: (NR) a) the Central Bank of Brazil only recognizes as valid the digital signature of exchange contracts through the use of digital certificates issued within the scope of ICP-Brasil, and the certificates must be used only after the numbering of the transaction by Sisbacen, with the intervening bank being responsible for verifying the adequate use of digital certification by the client in the transaction, including the authority of the other signatories and the validity of the digital certificates involved; (NR) b) in the case of manual signature, the printing of the exchange contract is carried out after the numbering of the transaction by the System, in at least two original copies, intended for the buyer and seller of the foreign currency, which must be signed by the parties. (NR) 10. The contracting of cancellation of a foreign exchange transaction is carried out by consensus of the parties and in observance of the applicable legal and regulatory principles, including those relating to the financial charge referred to in article 12 of Law 7.738, of 09.03.1989, amended by Law 9.813, of 23.08.1999, incident on transactions of export of goods or services and on transactions of financial transfers from abroad, whose provisions relating to calculation and collection are contained in title 10 of chapter 5. 11. Regarding the monitoring and control of foreign exchange transactions by the Central Bank of Brazil: (NR) a) in the case of digital certification within the scope of ICP-Brasil, the institution authorized or accredited to operate in foreign exchange, negotiator of the foreign currency, must: (NR) I - use an application for digital signature in accordance with the standard published by the Information Technology Department of the Central Bank of Brazil (Bacen/Deinf); (NR) II

• be able to make available, immediately, to the Central Bank of Brazil, for a period of 5 (five) years, counted from the end of the fiscal year in which the settlement, cancellation or write-off occurs, the printout of the foreign exchange contract and include in it the expression "foreign exchange contract digitally signed"; (NR) III - keep for the same period, in electronic medium, the original file of the foreign exchange contract, the digital signatures of the parties to the foreign exchange contract (bank, client and, if applicable, the broker) and the respective digital certificates; (NR) b) in the case of manual signature, the signature of the parties intervening in the foreign exchange contract constitutes an indispensable requirement on the copy destined to the institution authorized or accredited to operate in foreign exchange, negotiator of the foreign currency, and an original copy of the foreign exchange contracts, as well as of the other documents linked to the transaction, must be kept in the files of said institution, for a period of 5 (five) years, counted from the end of the fiscal year in which the settlement, cancellation or write-off occurs. (NR) 12. The citations or complementary information that derive from specific foreign exchange rules must be included in the field "Other Specifications", which is available in the transactions indicated in item 1 of this title. 13. Also available in the transactions indicated in item 1 of this title are: a) option for selection of standardized contractual clauses, arising from foreign exchange rules; b) option for selection of institution-specific clauses, agreed between the parties and registered in transaction PCAM900. 14. The following clauses must mandatorily appear in the foreign exchange contract, as applicable: a) for all contracts: CLAUSE 1: "This contract is subject to the legal and regulatory rules, conditions and requirements applicable to the matter". CLAUSE 2: "The export/import registration(s) contained in Siscomex, when linked to this transaction, shall become an integral part of the foreign exchange contract hereby entered into." b) in the formalization of foreign exchange transactions relating to export of goods, except those dealt with in title 19 of chapter 5: CLAUSE 3: "The seller undertakes, irrevocably and irreversibly, to deliver to the buyer the documents referring to the export by the date stipulated for this purpose in this contract and, subject to this, within a maximum period of 15 consecutive days counted from the date of shipment of the goods, even if it concerns partial shipments. If, in relation to the last day provided for such purpose in this contract, there is an early delivery of the documents, the period for settlement of the foreign exchange pertaining to such documents shall be automatically reduced by as many days as those of the aforementioned early delivery and, consequently, the date by which the foreign exchange must be settled shall be
  considered correspondingly changed, all regardless of notice or formality of any kind. The seller's failure to fulfill its obligation to deliver to the buyer, within the stipulated deadline, the documents representing the export shall automatically cause the early maturity of the obligations arising from this contract, regardless of any notice or notification of any kind, for the amount corresponding to the documents not delivered." c) in the event of direct remittance of documents by the exporter, under the terms of title 4 of chapter 5, clause 3 provided in the previous letter shall be added as indicated below: CLAUSE 4: "In addition to this contract, it is agreed that the export documents may be remitted by the SELLER directly to the importer abroad, in which case the SELLER undertakes to deliver to the BUYER, within 15 (fifteen) consecutive days counted from the date of shipment of the goods, the original of the draft, except when its issuance is waived by letter of credit, in addition to copies of the documents representing the export and the corresponding remittance letter abroad, which must contain express indication to the foreign importer that the respective payment or acceptance may only be made through the foreign banker, under the terms of the instructions transmitted to it by the BUYER." d) for contractual amendments: CLAUSE 5: "This amendment is subject to the norms, conditions and legal and regulatory requirements applicable to the matter, with the data contained in the exchange contract described above remaining unchanged, except as expressly modified by this amendment instrument." e) for transfers to the special position: CLAUSE 6: "Amount transferred to special position in accordance with the regulations in force." f) when it concerns import under automatic licensing regime, or subject to an Import License not required prior to shipment abroad, in the event that payment for the import is made without the concomitant linking to the respective DI (advance or sight payment, or in situations where the operating bank has waived the presentation of the DI): CLAUSE 7: "The import characterized in the documentation supporting this exchange operation falls under the automatic licensing regime or is not subject to obtaining an Import License - LI prior to shipment of the goods abroad." g) in payments for imports on terms of up to 60 (sixty) days counted from shipment of the goods abroad where the Import Declaration is not yet available, under the terms of title 5 of chapter 6 of the Consolidation of Exchange Norms: CLAUSE 8: "The settlement of this exchange contract is being processed in compliance with the conditions set forth in title 5 of chapter 6 of the Consolidation of Exchange Norms - CNC, and the parties undertake to link it to the respective DI within a maximum of 60 days counted from settlement." 15. In contracts in which the parties agree on a premium or bonus clause, the bank negotiating the foreign currency must necessarily
  fill in one of the fields available on the Sisbacen screens - post-fixed or pre-fixed - informing, in the latter case, the monthly percentage; in the case of post-fixed, the agreed conditions must be specified in the "Other Specifications" field, including the percentage of the operation subject to premium or bonus. (NR) 16. The following are registered in Sisbacen and exempt from formalizing the exchange contract: a) foreign currency purchase and sale operations of an interdepartmental nature; (NR) b) foreign currency purchase and sale operations related to arbitrage transactions entered into with bankers abroad and with the Central Bank of Brazil; (NR) c) exchange operations in which the banking establishment itself is the buyer and seller of the foreign currency; d) cancellations of contract balances whose value is equal to or less than US$5,000.00 (five thousand United States dollars) or its equivalent in other currencies, provided that it does not exceed 10% of the operation value, and there is consensus of the contracting parties to that effect; and e) operations carried out using transactions PCAM380 or PCAM383. 17. Exchange operations are characterized according to their type and use specific codes, as follows: a) in the Sisbacen transactions that allow the registration of operations, the codes relating to the foreign currency negotiated, the country of the counterparty to the operation and the location where the operation was registered are listed; b) in the tables presented in titles 9, 13 and 14 of this chapter, the other specific codes are listed. 18. Exchange operations relating to financial transfers from and to abroad, by way of return of any nature, must be classified under the same nature code as the exchange operation to which the return is linked. 19. The bank and the client (exporter or importer) are responsible for linking exchange contracts related to foreign trade operations to the respective export/import registration in Siscomex, through transaction PCAM300, except for those operations addressed in title 19 of chapter 5 and title 14 of chapter 6. 20. For the purposes of the preceding item, the following is defined: a) provisioning: provisional linking of Export Registration(s) to exchange contracts. As of the provisioning, the Export Registration(s) become unavailable for alteration by the exporter. However, alterations may be made with the agreement of the bank which, for this purpose, shall carry out the de-provisioning; b) application: definitive and mandatory linking of the contract to export/import registration(s), carried out after the recording of the export shipment or after the import clearance request has been initiated in Siscomex. CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Exchange Contract - 1 TITLE: Execution - 2 --------------------------------------------------------------------- SECTION II: GLOBAL CONTRACTS 1. Operations carried out on the same day in the free-rate foreign exchange market
  established by Resolution 1.690 of 18.03.1990 may be grouped into a single exchange contract, provided that the following are identical: a) the foreign currency; b) the nature of the operation; c) the settlement date. 2. The provisions of the previous item apply to the purchase and sale of foreign currency related to: a) international travel (public funds); b) unilateral transfers (public funds); c) banking expenses and revenues, income from investments and reimbursement of expenses owed by or to banks in the country. 3. In the operations indicated in letters "a" and "b" of the previous item, authorized establishments are required to use sequentially numbered purchase or sale receipts (boletos), the model of which constitutes Annex No. 11 of this chapter. 4. In the cases provided for in the previous item, the bank negotiating the foreign currency is responsible for the authenticity and regularity of the clients' signatures on the respective boletos. (NR) 5. If operations agreed at different rates are grouped, the respective exchange contract must be registered at the average exchange rate, obtained by dividing the sum of the national currency by the sum of the foreign currency. 6. For the registration and formalization of globalized contracts, the bank authorized to operate in foreign exchange must: a) inform the number of operations subject to globalization in the "quantity of various" field of the Sisbacen screens; b) include in the "Other Specifications" field: "the boletos numbered..... form an integral part of this contract"; c) identify and include the client's signature on the boleto, and in the case of a manual signature, the boleto must be filled out in two copies; (NR) d) include on the boleto the following declaration, to be signed by the client: "The client declares to be fully aware of the text contained in the respective exchange contract, of article 23 of Law 4.131 of 03.09.1962, especially of its § 2 and § 3, as amended by article 72 of Law 9.069 of 29.06.1995, transcribed on the reverse, as well as of the Regulation governing this operation. § 2 It constitutes an infraction attributable to the banking establishment, the broker and the client, punishable by a fine of 50 (fifty) to 300% (three hundred percent) of the value of the operation for each of the offenders, the declaration of false identity on the form which, in the number of copies and according to the model determined by the Central Bank of Brazil, shall be required in each operation, signed by the client and initialed by the banking establishment and the broker intervening therein. § 3 It constitutes an infraction, for which the client is exclusively responsible, punishable by a fine of 5 (five) to 100% (one hundred percent) of the value of the operation, the declaration of false information on the form referred to in § 2." CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Exchange Contract - 1 TITLE: Intermediation in Exchange Operations - 8
  --------------------------------------------------------------------- (NR) 1. The intervention of brokerage firms when contracting exchange operations of any nature is optional, regardless of the value of the operation. 2. When brokerage firms intervene, the brokerage fee shall be freely agreed between the parties. (NR) 3. Prior registration of clients buying or selling foreign currency with the brokerage firm intervening in the respective exchange operation is mandatory. 4. Failure to comply with the requirement referred to in item 3 above entails suspension of authorization to intermediate exchange operations for varying periods of 30 (thirty) to 120 (one hundred and twenty) days, and also subjects the brokerage firm to the other penalties provided for in Laws 4.131 of 03.09.1962 and 4.595 of 31.12.1964. 5. With respect to their clients that are legal entities, brokerage firms must organize and keep updated: a) a registration file with the following data: (NR) I - firm or corporate name - copy of the constitutive act and, if there has been an update, copy of its most recent update; (NR) II - complete address and telephone - copy of the document attesting the address (certificate issued by a competent authority or bill issued by a public service concessionaire); (NR) (NR) III - copy of the most recent balance sheet, registered if required, referring to a period ended no more than 18 (eighteen) months ago, which may be stored in electronic form, provided that authenticity can be verified by the Central Bank of Brazil immediately and at no cost; (NR) IV - bank(s) with which it operates and maintains a current account; (NR) b) in the case of manual signature of the exchange contract or boleto, a signature card containing the name, qualification and specimen signatures of the representatives authorized by the company to sign exchange contracts, duly certified by a bank authorized to operate in foreign exchange. (NR) 6. In the case of a natural person buying or selling foreign currency, the brokerage firm intermediating their operations must organize and keep updated a registration file containing the following elements, evidenced by copies of the respective documents: (NR) a) full name and complete address (residential and business); b) nationality; c) parentage; d) profession; e) number and date of issuance of the identity card and issuing body; f) CPF number; and g) passport number, if applicable. (NR) 7. The documents referred to in items 5 and 6 above must be kept by the intervening institutions for a period of 5 (five) years, counted from the settlement of the last exchange operation with the client, for presentation to the Central Bank of Brazil, when requested. (NR) 8. In the case of digital signature of the exchange contract or the boleto within the scope of the Public Key Infrastructure (ICP-Brasil), the brokerage firm is responsible for verifying the proper use of the digital certification by the client in the operation, including the
  authority of the other signatories and the validity of the digital certificates involved, as well as for maintaining in electronic form, the original file of the exchange contract, the digital signatures of the parties to the exchange contract and the respective digital certificates, for a period of 5 (five) years, counted from the settlement of the exchange operation with the client, for presentation to the Central Bank of Brazil, when requested. (NR) 9. The intermediation in exchange operations must be based on a service provision contract between the brokerage firm and its client, where the contracting parties and the type of service to be provided are clearly identified; such contract may support all services provided by the brokerage firm to that specific client, without the need for signing an instrument for each provision. 10. Only for operations carried out between banking establishments authorized to operate in exchange is it possible for banks to enter into the contract referred to in the previous item with brokerage firms. 11. The brokerage firm must issue an invoice for charging the services provided, specifying the number, value and date of the exchange contracts that gave rise to that charge, keeping a copy of these documents at the disposal of the Central Bank of Brazil for presentation when requested, with monthly issuance of this document being permitted. 12. The brokerage fee amount must not appear in the exchange contract, since it is expressed in the document referred to in the previous item. 13. Payment for services provided by the brokerage firm must be made by means that allow full identification of the payer, with the brokerage firm keeping a copy of the documents of that settlement, for presentation to the Central Bank of Brazil, when requested. 14. The registration with the brokerage firm of a client for exchange operations does not exempt the identification of this client by the bank buying or selling the foreign currency, considering the legal and regulatory provisions on the matter, especially those of Law 9.613, of 03.03.1998, and Resolution 1.620, of 26.07.1989, items III and IV, and: (NR) a) in the case of manual signature of the exchange contract or the boleto in the name of a legal entity, the bank must keep a signature card, in the form of item 5, subitem "b", of this title, of the representative accredited by the legal entity to, in its name, sign the exchange contract; (NR) b) in the case of digital signature of the exchange contract or the boleto in the name of a legal entity within the scope of the Public Key Infrastructure (ICP-Brasil), the bank is also responsible for verifying the proper use of the digital certification by the client in the operation, including the authority of the other signatories and the validity of the digital certificates involved. (NR) 15. In exchange operations without intermediation by a brokerage firm, in which the client is a legal entity, the operating bank must have, in
  relation to it, a registration form containing, at a minimum, the elements indicated in subitem "a" of item 5, and in the case of manual signature of the exchange contract or the boleto, the operating bank must also have the signature card described in subitem "b" of item 5. (NR) 16. In exchange operations in which the client is a legal entity of domestic public law or a representation of a foreign government, the data listed in subitem "a" of item 5 are waived. (NR) --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE NORMS CHAPTER: Exchange Contract - 1 ANNEX No. 1: Model of exchange contract for purchase - export - type 01 --------------------------------------------------------------------- EXCHANGE CONTRACT FOR PURCHASE - TYPE 01 EXPORT No. / OF / / FL. No. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS BUYER AND SELLER, AGREE TO THIS EXCHANGE OPERATION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |BUYER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |SELLER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | |( | | )| |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | |( | | )| --------------------------------------------------------------------- --------------------------------------------------------------------- |DELIVERY OF DOCUMENTS: |TERM OF THE EXCHANGE BILLS: |SETTLEMENT UNTIL: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | --------------------------------------------------------------------- |NATURE OF OPERATION: | |DESCRIPTION...........: | --------------------------------------------------------------------- |PREMIUM......: | |ADVANCE: | --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- EXCHANGE CONTRACT FOR PURCHASE - TYPE 01 EXPORT No. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFOREMENTIONED DIPLOMA, 'VERBIS': 'ART. 23 -
  EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND ENDORSED BY THE BANKING ESTABLISHMENT AND BY THE BROKER PARTICIPATING THEREIN. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, UNDER THE EXCLUSIVE RESPONSIBILITY OF THE CLIENT, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER PARTICIPATING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED
  DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 2: Model of exchange contract for sale - import - type 02 --------------------------------------------------------------------- EXCHANGE CONTRACT FOR SALE - TYPE 02 IMPORT NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS SELLER AND BUYER, CONTRACT THE PRESENT EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |SELLER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |BUYER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | |( | | )| |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | |( | | )| --------------------------------------------------------------------- --------------------------------------------------------------------- |SETTLEMENT UNTIL: |BONUS: | | | | --------------------------------------------------------------------- |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | --------------------------------------------------------------------- |NATURE OF THE TRANSACTION: | |DESCRIPTION...........: | --------------------------------------------------------------------- --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- EXCHANGE CONTRACT FOR SALE - TYPE 02 IMPORT NR. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962, AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFOREMENTIONED DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE
  INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS, SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND INITIALLED BY THE BANKING ESTABLISHMENT AND BY THE BROKER INTERVENING THEREIN. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, UNDER THE EXCLUSIVE RESPONSIBILITY OF THE CLIENT, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). |
  --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 3:Model purchase exchange contract - financial transfers from abroad - type 03 --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 03 FINANCIAL TRANSFERS FROM ABROAD NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS BUYER AND SELLER, CONTRACT THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |BUYER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |SELLER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | |( | | )| |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | |( | | )| --------------------------------------------------------------------- --------------------------------------------------------------------- |SETTLEMENT BY: |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | | --------------------------------------------------------------------- |NATURE OF THE TRANSACTION: | |DESCRIPTION...........: | --------------------------------------------------------------------- |PAYER ABROAD: |COUNTRY: | | | | --------------------------------------------------------------------- |NUMBER OF THE RDE REGISTRATION OR OF THE AUTHORIZATION OR OF THE CERTIFICATE OF THE CENTRAL| |BANK OF BRAZIL | --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 03 FINANCIAL TRANSFERS FROM ABROAD NR. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFORESAID DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT
  THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED FOR EACH TRANSACTION, SIGNED BY THE CLIENT AND ENDORSED BY THE BANKING ESTABLISHMENT AND BY THE BROKER INTERVENING IN IT. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, FOR WHICH THE CLIENT IS EXCLUSIVELY RESPONSIBLE, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLIGENTLY FAIL TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE THE SAME MEASURE TO THE COMPETENT AUTHORITY IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF
  THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 4:Model sale exchange contract - financial transfers abroad - type 04 --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 04 FINANCIAL TRANSFERS ABROAD NR. / OF / / PG. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS SELLER AND BUYER, CONTRACT THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |SELLER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |BUYER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | |( | | )| |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | |( | | )| --------------------------------------------------------------------- --------------------------------------------------------------------- |SETTLEMENT BY: |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | | --------------------------------------------------------------------- |NATURE OF TRANSACTION: | |DESCRIPTION...........: | --------------------------------------------------------------------- |RECIPIENT ABROAD: |COUNTRY: | | | | --------------------------------------------------------------------- |NUMBER OF THE RDE REGISTRATION OR OF THE AUTHORIZATION OR OF THE CERTIFICATE OF THE CENTRAL| |BANK OF BRAZIL | --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 04 FINANCIAL TRANSFERS ABROAD NR. / OF / / PG. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131, OF 03.09.1962, AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFOREMENTIONED DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE
  MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS, SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND ENDORSED BY THE BANKING ESTABLISHMENT AND THE BROKER INTERVENING THEREIN. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069, OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, UNDER THE EXCLUSIVE RESPONSIBILITY OF THE CLIENT, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069, OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE COUNCIL OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN CASE OF RECIDIVISM, THE COUNCIL OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRASTRUCTURE | |(ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE
  WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 5: Model of purchase exchange contract - interbank - type 05 --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 05 INTERBANK NR. / OF / / PG. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS BUYER AND SELLER, CONTRACT THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |BUYER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |SELLER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | | | | | |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |SETTLEMENT ON: |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | | --------------------------------------------------------------------- |NATURE OF TRANSACTION: | |DESCRIPTION...........: | --------------------------------------------------------------------- |PREMIUM......: | |ADVANCE: | --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 05 INTERBANK NR. / OF / / PG. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFORESAID DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE
  CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND ENDORSED BY THE BANKING ESTABLISHMENT AND BY THE BROKER INTERVENING IN IT. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, FOR WHICH THE CLIENT IS EXCLUSIVELY RESPONSIBLE, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- |
  |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 6: Model of sale exchange contract - interbank - type 06 --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 06 INTERBANK NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS SELLER AND BUYER, CONTRACT THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |SELLER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |BUYER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY: | | | | | |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |SETTLEMENT ON: |FORM OF DELIVERY OF FOREIGN CURRENCY: | | | | --------------------------------------------------------------------- |NATURE OF THE TRANSACTION: | |DESCRIPTION...........: | --------------------------------------------------------------------- |PREMIUM......: | |ADVANCE: | --------------------------------------------------------------------- |BROKER: | | | |CNPJ : | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS | | | | | --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 06 INTERBANK NR. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFORESAID DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR BY LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL
  WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS, SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND INITIALLED BY THE BANKING ESTABLISHMENT AND BY THE BROKER INTERVENING THEREIN. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, FOR WHICH THE CLIENT IS EXCLUSIVELY RESPONSIBLE, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). |
  --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 7:Model purchase exchange contract - amendment - type 07 --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 07 AMENDMENT NR. / OF / / PAGE NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS BUYER AND SELLER, IN THAT CAPACITY INTERVENING IN THE EXCHANGE CONTRACT WITH THE CHARACTERISTICS DESCRIBED HEREIN, AGREE TO MAKE THE FOLLOWING AMENDMENTS, WHICH BECOME AN INTEGRAL PART THEREOF. --------------------------------------------------------------------- |BUYER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |SELLER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- |AMOUNT TO WHICH THIS AMENDMENT APPLIES: | | | | | --------------------------------------------------------------------- |AMENDMENTS: | | | | | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES: | | | | | --------------------------------------------------------------------- |OTHER SPECIFICATIONS: | | | | | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 8:Model of sale exchange contract - amendment - type 08 --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 08 AMENDMENT NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS SELLER AND BUYER, IN THAT CAPACITY INTERVENING IN THE EXCHANGE CONTRACT WITH THE CHARACTERISTICS DESCRIBED HEREIN, AGREE TO MAKE THE FOLLOWING AMENDMENTS, WHICH BECOME AN INTEGRAL PART THEREOF. --------------------------------------------------------------------- |SELLER: | | | |CNPJ.....: | | | |ADDRESS.: |
  --------------------------------------------------------------------- |BUYER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- |AMOUNT TO WHICH THIS AMENDMENT APPLIES: | | | | | --------------------------------------------------------------------- |AMENDMENTS: | | | | | --------------------------------------------------------------------- |CONTRACTUAL CLAUSES: | | | | | --------------------------------------------------------------------- |OTHER SPECIFICATIONS: | | | | | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 9:Model of purchase exchange contract - cancellation - type 09 --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 09 CANCELLATION NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS BUYER AND SELLER, ENGAGE IN THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |BUYER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |SELLER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY CANCELLED: | | | | | |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY CANCELLED: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |CONTRACTUAL CLAUSES: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS: | | | | |
  --------------------------------------------------------------------- PURCHASE EXCHANGE CONTRACT - TYPE 09 CANCELLATION NR. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFOREMENTIONED DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR IN LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - TRANSACTIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR THAT ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - IT CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE WITH A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION FOR EACH OF THE OFFENDERS, THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED IN EACH TRANSACTION, SIGNED BY THE CLIENT AND ENDORSED BY THE BANKING ESTABLISHMENT AND THE BROKER INTERVENING THEREIN. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH THREE - IT CONSTITUTES AN INFRACTION, OF EXCLUSIVE RESPONSIBILITY OF THE CLIENT, PUNISHABLE WITH A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE TRANSACTION, THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO. (TEXT GIVEN BY ARTICLE 72 OF LAW 9.069 OF 29.06.1995) PARAGRAPH FOUR - IT CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND THE BROKER INTERVENING IN THE TRANSACTION, PUNISHABLE WITH A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS, THE INCORRECT CLASSIFICATION, WITHIN THE RULES SET BY THE COUNCIL OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE COUNCIL OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE TO THE COMPETENT AUTHORITY THE SAME MEASURE IN RELATION TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' ---------------------------------------------------------------------
  |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRASTRUCTURE | |(ICP-BRASIL). | --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRASTRUCTURE | |(ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRASTRUCTURE | |(ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 10: Model of sale exchange contract - cancellation - type 10 --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 10 CANCELLATION NR. / OF / / FL. NR. 01 THE PARTIES HEREINAFTER REFERRED TO, RESPECTIVELY, AS SELLER AND BUYER, CONTRACT THIS EXCHANGE TRANSACTION, UNDER THE CONDITIONS STIPULATED HEREIN. --------------------------------------------------------------------- |SELLER: | | | |CNPJ.....: | | | |ADDRESS.: | --------------------------------------------------------------------- |BUYER: | | | |CNPJ....: | | | |ADDRESS: | --------------------------------------------------------------------- --------------------------------------------------------------------- |CURRENCY |EXCHANGE RATE | |-------------------------------------------------------------------| |AMOUNT IN FOREIGN CURRENCY CANCELLED: | | | | | |-------------------------------------------------------------------| |AMOUNT IN NATIONAL CURRENCY CANCELLED: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |CONTRACTUAL CLAUSES: | | | | | --------------------------------------------------------------------- --------------------------------------------------------------------- |OTHER SPECIFICATIONS: | | | | | --------------------------------------------------------------------- SALE EXCHANGE CONTRACT - TYPE 10 CANCELLATION NR. / OF / / FL. NR. 02 THE PARTIES TO THIS EXCHANGE CONTRACT - BUYER, SELLER AND BROKER - DECLARE THAT THEY ARE FULLY AWARE OF THE EXCHANGE RULES IN FORCE, IN PARTICULAR LAW 4.131 OF 03.09.1962 AND SUBSEQUENT AMENDMENTS, ESPECIALLY ARTICLE 23 OF THE AFOREMENTIONED DIPLOMA, 'VERBIS': 'ART. 23 - EXCHANGE TRANSACTIONS ON THE FREE RATE MARKET SHALL BE CARRIED OUT THROUGH ESTABLISHMENTS AUTHORIZED TO OPERATE IN EXCHANGE, WITH THE INTERVENTION OF AN OFFICIAL BROKER WHEN PROVIDED FOR IN LAW OR REGULATION, BOTH BEING RESPONSIBLE FOR
  THE IDENTITY OF THE CLIENT, AS WELL AS FOR THE CORRECT CLASSIFICATION OF THE INFORMATION PROVIDED BY THE LATTER, ACCORDING TO RULES SET BY THE SUPERINTENDENCY OF MONEY AND CREDIT. PARAGRAPH ONE - OPERATIONS THAT DO NOT CLEARLY FALL WITHIN THE SPECIFIC ITEMS OF THE CLASSIFICATION CODE ADOPTED BY SUMOC, OR ARE CLASSIFIABLE UNDER RESIDUAL HEADINGS, SUCH AS 'OTHERS' AND 'MISCELLANEOUS', MAY ONLY BE CARRIED OUT THROUGH BANCO DO BRASIL S.A. PARAGRAPH TWO - THE DECLARATION OF FALSE IDENTITY ON THE FORM WHICH, IN THE NUMBER OF COPIES AND ACCORDING TO THE MODEL DETERMINED BY THE CENTRAL BANK OF BRAZIL, SHALL BE REQUIRED FOR EACH OPERATION, SIGNED BY THE CLIENT AND INITIALLED BY THE BANKING ESTABLISHMENT AND BY THE BROKER INTERVENING THEREIN, CONSTITUTES AN INFRACTION ATTRIBUTABLE TO THE BANKING ESTABLISHMENT, THE BROKER AND THE CLIENT, PUNISHABLE BY A FINE OF 50 (FIFTY) TO 300 PER CENT (THREE HUNDRED PER CENT) OF THE VALUE OF THE OPERATION FOR EACH OF THE OFFENDERS. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069, OF 29.06.1995) PARAGRAPH THREE - THE DECLARATION OF FALSE INFORMATION ON THE FORM REFERRED TO IN PARAGRAPH TWO CONSTITUTES AN INFRACTION, FOR WHICH THE CLIENT IS EXCLUSIVELY RESPONSIBLE, PUNISHABLE BY A FINE OF 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE VALUE OF THE OPERATION. (WORDING GIVEN BY ARTICLE 72 OF LAW 9.069, OF 29.06.1995) PARAGRAPH FOUR - THE INCORRECT CLASSIFICATION, WITHIN THE RULES ESTABLISHED BY THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT, OF THE INFORMATION PROVIDED BY THE CLIENT ON THE FORM REFERRED TO IN PARAGRAPH TWO OF THIS ARTICLE CONSTITUTES AN INFRACTION, ATTRIBUTABLE TO THE BANKING ESTABLISHMENT AND TO THE BROKER INTERVENING IN THE OPERATION, PUNISHABLE BY A FINE EQUIVALENT TO 5 (FIVE) TO 100 PER CENT (ONE HUNDRED PER CENT) OF THE RESPECTIVE VALUE, FOR EACH OF THE OFFENDERS. PARAGRAPH FIVE - IN THE EVENT OF RECIDIVISM, THE BOARD OF THE SUPERINTENDENCY OF MONEY AND CREDIT MAY REVOKE THE AUTHORIZATION TO OPERATE IN FOREIGN EXCHANGE FROM BANKING ESTABLISHMENTS THAT NEGLECT COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND PROPOSE THE SAME MEASURE TO THE COMPETENT AUTHORITY WITH REGARD TO BROKERS. PARAGRAPH SIX - THE TEXT OF THIS ARTICLE SHALL MANDATORILY APPEAR ON THE FORM REFERRED TO IN PARAGRAPH TWO.' --------------------------------------------------------------------- |BY THE SELLER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BUYER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR THE | |EXPRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY | |INFRASTRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- |BY THE BROKER: NAME, CPF AND AUTHORIZED MANUAL SIGNATURE OR
  THE EX- | |PRESSION "EXCHANGE CONTRACT SIGNED DIGITALLY", IN THE CASE OF | |DIGITAL SIGNATURE WITHIN THE SCOPE OF THE PUBLIC KEY INFRA- | |STRUCTURE (ICP-BRASIL). | --------------------------------------------------------------------- --------------------------------------------------------------------- CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Exchange Contract - 1 ANNEX No. 11 - Model of purchase and sale slip --------------------------------------------------------------------- FRONT ------------------------------------------------------------ |Authorized Institution |Receipt no. |date | |Code | | | | | | | ------------------------------------------------------------ --------------------------------------------------------------------- FREE RATE FOREIGN EXCHANGE MARKET [ ] PURCHASE [ ] SALE CLIENT --------------------------------------------------------------------- |Name/Corporate Name |CPF/CNPJ | | | | |-------------------------------------|-----------------------------| |Address |City (State) |Telephone | | | | | --------------------------------------------------------------------- OPERATION - BASIC DATA --------------------------------------------------------------------- |Foreign Currency - Symbol |Exchange Rate |Amount in National Currency| |and Amount | | | | |R$ |R$ | |----------------------------|--------------|------------------------ |Nature Code |Delivery | | |Method Code | | | | --------------------------------------------- INTERVENING BROKER ----------------------- |Name | | | COMPLEMENTARY INFORMATION | | |--------------------------------------------||---------------------| | ||Manual signature authorized or the expression "boleto assinado digitalmente", in the case of digital signature within the Public Key Infrastructure (ICP-Brasil). --------------------------------------------- ---------------------- -------------------------------------------- --------------------- Mechanical authentication, manual signature The client declares to have full knowledge of the text contained in the respective foreign exchange contract, of Article 23 of Law 4.131, of 03.09.1962, and in particular of its §§ 2º and 3º transcribed in this document, as well as of the Regulation governing the present operation.

Manual signature of the client or the expression "boleto assinado digitalmente", in the case of digital signature within the Public Key Infrastructure (ICP-Brasil).

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REVERSE OR OBVERSE, AS CONVENIENT

Article 23 of Law 4.131, §§ 2º and 3º, with the wording given by Article 72 of Law 9.069, of 29.06.1995:

"§ 2º - The declaration of false identity in the form, which shall be required in each transaction, in a number of copies and according to the model determined by the Central Bank of Brazil, signed by the client and countersigned by the banking institution and the broker participating therein, constitutes an infraction imputable to the banking institution, the broker and the client, punishable by a fine of 50 (fifty) to 300% (three hundred percent) of the value of the transaction for each of the offenders.

§ 3º - The declaration of false information in the form referred to in § 2º constitutes an infraction, of the exclusive responsibility of the client, punishable by a fine of 5 (five) to 100% (one hundred percent) of the value of the transaction."

----------------------------------------------- --------------------------------------- CONSOLIDATION OF FOREIGN EXCHANGE NORMS
CHAPTER: Floating Rate Foreign Exchange Market - 2
TITLE: General Provisions - 1

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1. This chapter, which constitutes the Regulation of the Floating Rate Foreign Exchange Market, deals exclusively with transactions carried out in the market established by Resolution 1.552, of 22.12.1988, the carrying out of any transaction not specifically provided for being prohibited without prior authorization from the Central Bank of Brazil. 2. The market in question is subject to the provisions of this Regulation and covers the following transactions: a) purchases: I - of foreign currencies in specie; II - of checks, payment orders and other instruments normally accepted in the international financial market as representative of value, in favor of individuals or legal entities, exclusively in the hypotheses provided for in this Regulation or when they refer to the resale of foreign currency previously acquired in this market and not used, in whole or in part; b) sales: - of foreign currency intended to cover expenses on trips abroad, related expenses and transfers specifically provided for in this Regulation or authorized, in each case, by the Central Bank of Brazil. 2.1 - The purchases or sales of foreign currency to which this Regulation refers are the transactions carried out by accredited institutions with their clients. 3. The transactions are recorded in Sisbacen in accordance with the provisions of title 20 of this Regulation and formalized using the slip, the model of which constitutes annex no. 1 of this chapter: (NR) 3.1 - The format of the slip may be adapted by the accredited institution, without the need for prior consent from the Central Bank of Brazil, provided that all the information required in the aforementioned model is preserved. (NR) 3.2 - With respect to records in Sisbacen, banks and accredited operators record their transactions in a PCAM prefix transaction and travel agencies and tourism accommodation establishments record their transactions in a PMTF prefix transaction. 3.3 - The complementary data relating to exchange transactions (registration certificate numbers, ROF, RDE, etc.) required by legal and regulatory provisions must be recorded in the "Complementary Information" field of the boletos and in the appropriate fields of the transaction registration screens of the PCAM prefix of Sisbacen. 4. The delivery or assignment, by accredited establishments, of "traveller's cheques", boletos and other forms for their use to any intermediary between the seller and the buyer is prohibited. 5. Subject to the limits and conditions of this Regulation, the transactions in question are freely agreed between the parties, which will settle, between themselves, the amounts, the exchange rates to be applied, as well as the currencies transacted. 6. For the purposes of this Regulation, the following definitions apply: a) free-rate exchange market - that established by Resolution 1.690, of 18.03.1990, of the National Monetary Council; b) floating-rate exchange market - that established by Resolution 1.552, of 22.12.1988, of the
   National Monetary Council, in which only specific exchange transactions set forth in this Regulation are conducted; c) banks authorized to operate in exchange - commercial banks, investment banks and multiple banks authorized to carry out exchange transactions, in accordance with Resolution 1.620, of 26.07.1989, of the National Monetary Council; d) accredited banks - banks accredited by the Central Bank of Brazil to operate in the floating-rate exchange market. Banks authorized to operate in exchange are automatically included in this category, as defined in the previous item; e) accredited operators - brokerage firms, securities distribution firms, and credit, financing and investment firms, accredited by the Central Bank to operate in the floating rate exchange market; f) tourism agency - a company that operates with inbound and/or outbound tourism. g) tourism accommodation facilities - hotels, leisure hotels, residential hotels and inns; h) accredited institution - the legal entity accredited by the Central Bank of Brazil to operate in the floating rate exchange market, comprising banks, operators, tourism agencies and tourism accommodation facilities; i) tourism package - an excursion or trip organized by tourism agencies, at a total and fixed price, "per capita", including circuits using one or various forms of transportation and pre-established accommodation facilities, in addition to visits to tourist locations; j) individual programs - tourism packages organized to meet the interest of a single traveler or a small group of travelers; l) inbound tourism - activity carried out by tourism agencies that corresponds to assistance to foreign tourists, comprising accompaniment and provision of information on local tours and transfers in destination locations; m) outbound tourism - activity carried out by tourism agencies that comprises the planning, organization and operation of programs or packages for tourists on their international trips. 7. Unless expressly permitted otherwise, the entities defined in items "d" to "g" of the previous item may only carry out the following operations, among those provided for in this Regulation: a) accredited banks - all operations provided for in this Regulation; b) accredited operators - purchases and/or sales to clients, in cash, checks and "traveller's checks", as well as those carried out in the interbank market, and arbitrage in the Country and with financial institutions abroad; c) tourism agencies - purchases and/or sales to clients, in cash, checks and "traveller's checks", as well as arbitrage in the Country and with financial institutions abroad; d) tourism accommodation facilities - exclusively purchases from clients, in cash, checks and "traveller's checks". 7.1 - With respect to tourism accommodation facilities, the amounts in foreign currencies acquired from clients must be negotiated with the other accredited institutions, so that the available funds do not exceed, daily, the amount of
   US$100,000.00 (one hundred thousand United States dollars) or its equivalent in other currencies, considering globally all branches in the Country. 8. The exchange position of accredited banks and operators is determined as provided in title 19 of this Regulation, and the institutions must observe the limits established for the bought and sold positions at the daily close of the exchange movement. 9. Tourism agencies must observe the operational limit as also provided in title 19 of this Regulation. 10. Banks and accredited operators must register their movement directly in Sisbacen, in the form provided in title 20 of this Regulation. 11. Tourism agencies and tourism accommodation facilities register their operations in the form provided in title 20 of this Regulation, observing that: a) those interconnected to Sisbacen will make the registrations directly; b) those not interconnected must elect a centralizing institution that will be responsible for registering their movement in that System. 12. Tourism agencies and tourism service providers must carry out their transfers from and to abroad, related to tourism packages, through the international banking service of banks authorized/accredited to operate in exchange. 13. At the request of accredited banks, the Central Bank of Brazil may, at its discretion, convert manual exchange into drawn exchange, or vice versa, as well as carry out arbitrage operations. 14. For the operations dealt with in this Regulation, the operating hours of tourism agencies and tourism accommodation facilities are free. The other accredited institutions must respect the regulations governing the operating hours of financial institutions. 15. The documents related to the operations dealt with in this Regulation must be kept on file, for a period of 5 (five) years, counted from the end of the fiscal year in which the operation occurred, for presentation to the Central Bank of Brazil, when requested, in the form of paper, microfilm, microfiche or electronic medium, provided that authenticity can be verified by the Central Bank of Brazil immediately and without pecuniary charge. (NR) 16. In view of the provisions contained in article 23 of Law 4.131, of 03.09.1962, as well as the infractions characterized in its paragraphs, accredited institutions must require adequate proof to allow them to correctly identify their clients buying and selling foreign currency, except as provided in title 4 of this Regulation. 17. In financial transfers from or to countries with which Brazil maintains payment agreements, the specific exchange rules applicable to the matter must be observed, and the making of payments from Brazil to said countries through the mechanisms of these agreements is optional. 18. For the course of payments and receipts under the Agreement on Reciprocal Payments and Credits, it is indispensable that the bank accredited to operate in foreign exchange be specifically authorized by the Central Bank of Brazil for such, as
   per the list available in Sisbacen, transaction PCCR910, also observing the procedures set forth in chapter 12 of the Consolidation of Foreign Exchange Rules - CNC. 19. Expenses/revenues arising from the operations provided for in this Regulation, including those owed to the Central Bank of Brazil, must also be processed in the floating rate foreign exchange market, and the filling out of the slip is waived, and in the records of the respective foreign exchange operations in Sisbacen, the accredited debtor/creditor institutions themselves must appear as buyer/seller of the foreign currency. 20. The operations referred to in the previous item may be grouped into a single record (sale or purchase), for each currency, provided that they refer to operations of the same nature, conducted with the same counterparty. 21. For determining the value limits of the operations provided for in this Regulation conducted in foreign currencies other than the United States dollar, the parity correlation most recently disclosed by the Central Bank of Brazil and available in Sisbacen, transaction PTAX800, option 1, must be used. 22. The constitutive acts of tourism agencies and tourism accommodation providers must explicitly state, as one of their purposes, the practice of foreign exchange operations, for the purposes of accreditation with the Central Bank of Brazil. 23. The foreign exchange proceeds resulting from sales made by duty-free shops, authorized under Decree-Law 1.455 of 07.04.1976, may not be transacted in the floating rate foreign exchange market. 24. The provisions of this Regulation do not apply to expenses directly funded by the public treasury, understood as those operations for which internal public law legal entities are directly responsible, as well as to revenues they obtain from financial transfers from abroad. 25. The recording of operations conducted in this market must observe the instructions contained in title 22 of this Regulation, for the correct filling out of the natures of operation and the form of delivery of the foreign currency. 26. Funds in national or foreign currency arising from operations conducted in this market may only be used for the specific purposes provided for in this Regulation, and operations that produce effects contrary to or distort its objectives are prohibited. 27. The use of the sale of foreign currency, in the manner provided for in this Regulation, as an instrument for raising financial resources or for forming savings is expressly prohibited. 28. Foreign exchange operations contracted for spot settlement must be settled: a) on the same day, in the case of purchases and sales of foreign currency in cash, in checks and in "traveller's cheques"; b) within up to 2 (two) business days from the date of contracting, in other cases, excluding non-business days in the places of the currencies involved (non-business days in the place of one currency and/or in the place of the other currency). 29. Foreign exchange
   purchase operations of a financial nature that are not subject to registration with the Central Bank of Brazil may only be contracted for spot settlement. 30. Foreign exchange purchase operations of a financial nature subject to registration with the Central Bank of Brazil may be contracted for future settlement, for a maximum term of sixty days, and settlement on a date earlier than the date originally agreed in the foreign exchange contract is permitted, observing the provisions of item 33 of this title. 31. Foreign exchange sale operations of a financial nature, with or without registration with the Central Bank of Brazil, may be contracted for future settlement, for a maximum term of sixty days, and settlement on a date earlier than the maturity date of the obligation abroad is not permitted, observing the provisions of item 33 of this title. 32. The contracting of the foreign exchange operations referred to in the previous item is conditioned upon the presentation, by the client, of a document evidencing the payment schedule or the future maturity date of the obligation (registration, contract, invoice, etc.). 33. Foreign currency purchase and sale operations related to investments in variable income securities that are subject to registration with the Central Bank of Brazil, as provided in Resolution 1.968 of 30.09.1992, are contracted for settlement within up to three business days. 34. The contracting of cancellation of a foreign exchange operation is carried out by consensus of the parties and observance of the applicable legal and regulatory principles, including those relating to the financial charge referred to in article 12 of Law 7.738 of 09.03.1989, amended by Law 9.813 of 23.08.1999, incident on service export operations and on financial transfer operations from abroad, whose provisions relating to calculation and collection are contained in title 10 of chapter 5 of the CNC. 35. Interbank, interdepartmental and arbitrage foreign exchange operations may be contracted for future settlement, observing the regulatory limitations. 36. With respect to the exchange rate, the following must be observed: a) in operations contracted for spot settlement, the rate must reflect exclusively the price of the foreign currency negotiated (net rate), not incorporating, therefore, the value of commissions, fees and other charges, which, if applicable, must be charged separately; b) in operations contracted for future settlement, the exchange rate used in the contracting is the rate for spot operations, and the agreement of premiums not incorporated into the rate is permitted. In interbank operations carried out electronically, in Sisbacen, the premium must be indicated in the appropriate field of the operation registration screen. 37. The equivalent amount in national currency of the foreign currency sale transaction must be debited to a deposit current account in the buyer's name or paid by a check issued by the buyer. 38. Excepted from the
   provisions of the preceding item are foreign currency sales, up to US$3,000.00 (three thousand United States dollars) or their equivalent in another currency, when intended to cover expenses with travel abroad, in which case payment of the equivalent amount in national currency in cash may be accepted. 39. In foreign currency purchase transactions, the counter-value in national currency, when greater than R$10.000,00 (dez mil reais), must be credited to the current account of the seller of the currency in the same bank or be the object of a bank transfer for credit to their current account in another bank. 40. Complementarily, transactions carried out in this market are subject to the other applicable legal and regulatory rules, and the faithful compliance with the current tax legislation is the responsibility of the parties involved in the exchange transaction. 41. The determination of irregularities in the transactions covered by this Regulation subjects the offenders to the penalties provided for in the legal and regulatory provisions in force, without prejudice to the revocation of the accreditation to operate in the system. 42. The provisions of items III and IV of Resolution 1.620, of 26.07.1989, transcribed below, apply to transactions carried out in the floating rate exchange market: "III - The authorization obtained by financial institutions to operate in exchange implies the unwavering defense of the Country's foreign exchange reserves, both regarding the timely realization of revenues from exports and other rights, and regarding the lawfulness and enforceability of transactions from which payments abroad arise or may arise. To this end, it is the duty of these institutions to equip their transactions with the necessary precautions, as well as to keep them under permanent monitoring, so as to ensure their regular settlement." "IV - As a consequence of the provision in the preceding item, authorized institutions operating in exchange must ascertain the qualification of their clients who are buyers or sellers of foreign currency, users of the international banking service provision, to carry out the exchange transactions they propose, by carrying out, among others, the necessary registration, performance, commercial procedures and financial capacity assessments." 43. The Central Bank of Brazil only recognizes as valid the digital signature of the payment slips through the use of digital certificates issued within the scope of the Public Key Infrastructure (ICP-Brasil), and it is the responsibility of the accredited agent to verify the proper use of digital certification by the client in the transaction, including the authority of the other signatories and the validity of the digital certificates involved. (NR) 44. In the case of digital certification within the scope of ICP-Brasil, the accredited agent to operate in exchange, the dealer of foreign currency, must: (NR) I - use an application for digital signature in accordance with a
   standard published by the Information Technology Department of the Central Bank of Brazil (Bacen/Deinf); (NR) II - be able to make available, immediately, to the Central Bank of Brazil, for a period of 5 (five) years, counted from the end of the fiscal year in which the settlement, cancellation or write-off occurs, the printout of the payment slip and have the expression "boleto assinado digitalmente" (digitally signed payment slip) appear on it; (NR) III - keep for the same period, in electronic medium, the original file of the payment slip, of the digital signatures and of the respective digital certificates. (NR) ------------------------------ CONSOLIDAÇÃO DAS NORMAS CAMBIAIS CAPÍTULO: Mercado de Câmbio de Taxas Flutuantes - 2 TÍTULO : Viagens Internacionais - 5 ------------------------------------ SEÇÃO I: TURISMO 1. Accredited institutions, except tourism accommodation facilities, may sell foreign currency to the following qualified travelers, upon presentation of the following documents: a) Brazilian residing in the Country or foreigner residing in the Country on a permanent basis: identity card (RG), or equivalent document for this purpose, and proof of registration in the Cadastro de Pessoas Físicas (CPF) of the Secretaria da Receita Federal; b) foreigner residing in the Country on a temporary basis (Lei 6.815, of 19.08.1980, art.13, item V): passport, or equivalent document for this purpose and, where applicable, proof of registration in the Cadastro de Pessoas Físicas (CPF) of the Secretaria da Receita Federal; c) foreigner member of a diplomatic mission or of an international organization: diplomatic or service passport and, where applicable, proof of registration in the Cadastro de Pessoas Físicas (CPF) of the Secretaria da Receita Federal. (NR) 2. The sales of foreign currency referred to in this section may be carried out, for each traveler, regardless of their age and are formalized by filling out the payment slip which constitutes annex no. 1 of this Regulation. 3. The acquisition of foreign currency may be carried out in installments, for the exclusive purpose of meeting expenses abroad with international travel. 4. At the time of the respective exchange transaction, the institution selling the foreign currency must: a) require the presence of the traveler; b) attach, in cases of sale to a legal representative, a copy of the instrument that grants powers to the representative to carry out the transaction. 5. Under the protection of this section, the use of magnetic cards for withdrawal of foreign currency abroad against debit in a current account maintained by the traveler in the Country is permitted, provided that the other conditions provided for in this Regulation are respected, as applicable. 6. The formalization of the transaction referred to in the previous item must be carried out by the bank selling the foreign currency based on the statements of the withdrawals made abroad with the indication in the Informações
   Complementares field of the expression: "Dispensada a assinatura do comprador por se tratar de operação liquidada por meio eletrônico" (Buyer's signature waived as it is a transaction settled by electronic means). 7. The globalizing of transactions by the amounts sold daily is allowed, maintaining the regulatory requirements regarding the identification of clients and their respective records detailed in Sisbacen. Withdrawals made after 18h must be added to the movement of the next business day for registration purposes. 8. Residents abroad, upon leaving the national territory, are permitted to purchase foreign currency with the reais initially purchased and not used, upon presentation of the respective proof of purchase of foreign currency from an accredited institution. After its use, said document will be returned to the client with the inscription "UNUSABLE FOR REPURCHASE PURPOSES". 9. In cases of using a magnetic card for withdrawal, the repurchase right is exercised by presenting the magnetic card, passport or identity card and the statement issued by the automated teller machine, in the manner provided for in Title 4 of this Regulation, at the time of the withdrawal. (NR) ----------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Floating Rate Exchange Market - 2 TITLE: International Travel - 5 ------------------------------------ SECTION II: BUSINESS, SERVICE OR TRAINING 1. In addition to the purchases made under Section I of this Title, and observing, as applicable, the provisions contained therein, individuals or legal entities may purchase, from an accredited institution, foreign currency intended to cover their expenses abroad on business, service or training trips. 2. Said sale is conditional, in the case of a legal entity, on the presentation to the accredited institution of a formal letter from the employer or contractor of the beneficiary, stating: a) that it is a business, service or training trip of interest to the company; b) the duration of the stay abroad; c) the total value of the transaction. 3. In the case of an individual, where the funding of the expenses is their own responsibility, a declaration containing the above data relating to the trip to be made abroad must be presented. The name of the traveler must appear in the "Additional Information" field of the respective payment slip for the purpose of verification before the competent police authorities, if necessary. ----------------------------- CONSOLIDATION OF EXCHANGE RULES CHAPTER: Floating Rate Exchange Market - 2 TITLE: International Travel - 5 ------------------------------------ SECTION III: EDUCATIONAL, SCIENTIFIC AND CULTURAL PURPOSES 1. Sales of foreign currency may be made for remittances by payment order or administrative check, in the name of, non-endorsable, for the maintenance of individuals residing in the Country who are temporarily abroad fulfilling educational, scientific or cultural programs. 2. The bank intervening in the transaction
   must inform the client that the documents supporting the exchange transaction must be kept by the buyers and sellers of the foreign currency for a period of 5 (five) years, counted from the end of the fiscal year in which the transaction occurred, for presentation to the Central Bank of Brazil, if requested. (NR) ----------------------------- CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Floating Exchange Rate Market - 2 TITLE: International Travel - 5 ------------------------------------ SECTION IV: PARTICIPATION IN SPORTS COMPETITIONS 1. In addition to the sales of foreign currency made under section I of this title and observing, where applicable, the provisions contained therein, accredited institutions may sell foreign currency intended to cover expenses with training and competitions abroad: a) to a sports club, association, federation or confederation, upon presentation of a nominal list of the members of the delegation; b) individually to an athlete upon presentation of a declaration informing the nature of the event and the amount to be acquired. 2. The institution intervening in the transaction must inform the customer that the documents proving the expenses incurred abroad must be kept by the buyer of the foreign currency for a period of 5 (five) years, counted from the end of the fiscal year in which the transaction occurred, for presentation to the Central Bank of Brazil, if requested. (NR) ----------------------------- CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Floating Exchange Rate Market - 2 TITLE: International Travel - 5 ------------------------------------ SECTION V: HEALTH TREATMENT 1. Accredited banks may sell foreign currency intended to cover expenses with health treatment abroad. 2. The bank intervening in the transaction must inform the customer that the documents proving the expenses incurred abroad must be kept, by the buyer of the foreign currency, for a period of 5 (five) years, counted from the end of the fiscal year in which the transaction occurred, for presentation to the Central Bank of Brazil, if requested. (NR) 3. This section also covers: a) reimbursement of expenses for treatment already carried out; and b) payment of examinations and other medical and laboratory services necessary and complementary to the performance of health treatments in the Country, including when requested by legal entities, upon presentation of a medical indication attesting to the need for the treatment and an invoice or debit note. --------------------------------------------------------------------- CONSOLIDATION OF FOREIGN EXCHANGE RULES CHAPTER: Floating Rate Exchange Market - 2 ANNEX No. 1: Single slip model (purchase and sale) --------------------------------------------------------------------- FRONT ------------------------------------------------------------ |Accredited Institution |Receipt No. |Date | |Code | | | | | | | ------------------------------------------------------------
   --------------------------------------------------------------------- FLOATING RATE EXCHANGE MARKET [ ] PURCHASE [ ] SALE --------------------------------------------------------------------- |Name/Corporate Name |CPF/CNPJ | | | | |-------------------------------------|-----------------------------| |Address |Telephone | | | | --------------------------------------------------------------------- OPERATION - BASIC DATA --------------------------------------------------------------------- |Foreign Currency - Symbol |Exchange Rate |Amount in National Currency| |and Amount | | | | |R$ |R$ | |----------------------------|--------------|------------------------ |Nature Code |Delivery Method|Expected date for the| | |Code |trip (exclusive for| | | |operations referring to| | | |International Travel)| | | | | --------------------------------------------------------------------- COMPLEMENTARY INFORMATION --------------------------------------------------------------------- | |I declare that I know the Regulation of the| | |Floating Rate Exchange Market, including the| | |text contained in this slip. | | | | | | | | | | | | | | |Manual signature of the client or the| | |expression "slip digitally signed", in the| | |case of digital signature within the scope of| | |the Public Key Infrastructure (ICP-Brasil). | | |---------------------------------| | | | | | | | | | | | | | |Mechanical authentication or authorized| | |manual signature of the accredited| | |institution or the expression "slip digitally| | |signed", in the case of digital signature| | |within the scope of the Public Key Infra-| | |structure (ICP-Brasil). | --------------------------------------------------------------------- Note: The field "name/corporate name" refers to the client or, in the case of interbank operations and arbitrage, to the counterparty of the transaction. BACK OR FRONT, AS CONVENIENT --------------------------------------------------------------------- |The sale of foreign currency for|Article 23 of Law 4.131, §§ 2 and 3,| |tourism purposes has the exclusive|as amended by article 72 of Law 9.069, of| |purpose of meeting personal|29.06.1995: | |expenses abroad. | | | | | |In the case of sale of foreign|“§ 2 It constitutes an infraction| |currency by a foreigner in transit|imputable to the banking establishment,| |in the country, he must be warned|to the broker and to the client,| |as to the need to keep a copy of|punishable with a fine of 50| |the slip, with a view to its|(fifty) to 300% (three hundred| |presentation for eventual|percent) of the value of the operation| |repurchase of foreign currency. |for each of the offenders, the| | |declaration of false identity| | |on the form which, in a number of| |Noncompliance with the regulation|copies and according to the model| |may imply characterization of|determined by the Central Bank| |exchange fraud, punishable under|of Brazil, shall be required in each| |the terms of Law 4.131, of|operation, signed by the client|
   |03.09.1962, whose article 23,|and initialed by the banking| |§§ 2 and 3, are transcribed|establishment and by the broker who| |opposite. |intervened in it”. | | | | |The characterization of exchange| | |fraud may imply tax fraud, and|“§ 3 It constitutes an infraction, of| |the cases detected shall be|exclusive responsibility of the| |reported by the Central Bank of|client, punishable with a fine of 5| |Brazil to other public bodies, in|(five) to 100% (one hundred| |the form of the legislation in|percent) of the value of the operation,| |force. |the declaration of false information| | |on the form referred to in| |The documents supporting the|§ 2”. | |exchange operation must be kept,| | |by the buyers and sellers of the| | |foreign currency, for a period of| | |5 (five) years, counted from the| | |end of the fiscal year in which| | |the operation occurred, for| | |presentation to the Central Bank| | |of Brazil, if requested. | | ---------------------------------------------------------------------