Circular No. 3517 — Amends Circular No. 3,461 of July 24, 2009, Consolidating Rules on Procedures for Preventing and Combating Money Laundering and Terrorist Financing

CIRCULAR NO. 003517

Amends Circular No. 3,461, of July 24, 2009, which consolidates the rules regarding the procedures to be adopted in the prevention and combating of activities related to the crimes provided for in Law No. 9,613, of March 3, 1998.

The Coordinated Board of the Central Bank of Brazil, in a session held on December 2, 2010, based on the provisions of Articles 10, item IX, and 11, item VII, of Law No. 4,595, of December 31, 1964, Articles 10 and 11 of Law No. 9,613, of March 3, 1998, and taking into account the provisions of the United Nations Convention against Transnational Organized Crime, promulgated by Decree No. 5,015, of March 12, 2004, the Inter-American Convention against Terrorism, promulgated by Decree No. 5,639, of December 26, 2005, the United Nations Convention for the Suppression of the Financing of Terrorism, promulgated by Decree No. 5,640, of December 26, 2005, and the United Nations Convention against Corruption, promulgated by Decree No. 5,687, of January 31, 2006,

D E C I D E D:

Art. 1. Articles 3, 7, 10, and 11 of Circular No. 3,461, of July 24, 2009, shall enter into force with the following wording:

"Art. 3. ...

I - when a natural person, the full name and the registration number in the Register of Natural Persons (CPF); and

......

Sole Paragraph. The development of an internal procedure aimed at identifying occasional financial operations or services that present a low risk of use for money laundering or terrorist financing is admitted, for which the requirement to obtain customer registration information is waived, provided that the provisions of the other articles of this circular are complied with." (NR)

"Art. 7. ...

......

§ 2. The records referred to in item I of § 1 made by a depository institution must contain, at a minimum, the data relating to the value and the number of the deposited check, the clearing code of the drawee institution, and the numbers of the agency and the deposit account of the drawee.

§ 3. The records referred to in item I of § 1 made by the drawee institution must contain, at a minimum, the data relating to the value and the number of the check, the clearing code of the depository institution, the numbers of the agency and the deposit account of the depository institutions, with the depository institution being responsible for providing the drawee institution with the data relating to its clearing code and the numbers of the agency and the deposit account of the depository institutions.

......

§ 8. The drawee institution must inform the depository institution and the depository institution must inform the drawee institution, when requested, within a maximum period of 5 (five) business days counted from the date of the request, the CPF or CNPJ registration numbers of the holders of the drawee account and the depository account relating to the value transfer operations carried out by means of checks, administrative checks, payment order checks, and other compensable documents of the same nature, and to the settlement of checks deposited in another financial institution." (NR)

"Art. 10. ...

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V - operations originating from or destined for countries or territories that apply the FATF recommendations insufficiently, according to information published by the Central Bank of Brazil; and

...... " (NR)

"Art. 11. ...

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III - 5 (five) years, for the registration information defined in Articles 2 and 3.

...... " (NR)

Art. 2. This circular enters into force on the date of its publication.

Brasília, December 7, 2010.

Alexandre Antonio Tombini Alvir Alberto Hoffmann Director Director