Circular No. 3839 — Amending Circular No. 3,461 of July 24, 2009, Consolidating Rules on Procedures for Preventing and Combating Money Laundering Crimes

The Collegiate Board of the Central Bank of Brazil, in a session held on June 27, 2017, based on arts. 10, item IX, and 11, item VII, of Law No. 4,595, of December 31, 1964, 10, 11 and 11-A of Law No. 9,613, of March 3, 1998, and in view of the provisions of the Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, promulgated by Decree No. 154, of June 26, 1991; the United Nations Convention against Transnational Organized Crime, promulgated by Decree No. 5,015, of March 12, 2004; the International Convention for the Suppression of the Financing of Terrorism, promulgated by Decree No. 5,640, of December 26, 2005; the Inter-American Convention against Terrorism, promulgated by Decree No. 5,639, of December 26, 2005; and the United Nations Convention against Corruption, promulgated by Decree No. 5,687, of January 31, 2006,

R E S O L V E:

Art. 1º Arts. 8, 9 and 12 of Circular No. 3,461, of July 24, 2009, shall enter into force with the following wording:

"Art. 8º ......

§ 1º ......

I - issuance or recharge of values on one or more prepaid cards, in an accumulated amount equal to or greater than R$50,000.00 (fifty thousand reais) or the equivalent in foreign currency, in the calendar month; and

......" (NR)

"Art. 9º ......

§ 1º ......

I - cash deposit, cash withdrawal, or cash withdrawal by means of a prepaid card, of a value equal to or greater than R$50,000.00 (fifty thousand reais);

......

III - issuance of an administrative check, TED, or any other instrument for the transfer of funds against payment in cash, of a value equal to or greater than R$50,000.00 (fifty thousand reais).

§ 2º ......

......

VI - the date and value of the deposit, cash withdrawal, cash withdrawal by means of a prepaid card, or provisioning for withdrawal; and

VII - the purpose of the withdrawal or cash payment mentioned in items I and III of § 1º.

§ 3º In the event of refusal by the customer or the non-customer drawer to provide the information referred to in § 2º, item VII, the institutions mentioned in the caput must record the fact.

......" (NR)

"Art. 12. ......

I - the occurrences referred to in art. 8º, § 1º, item I, in the case of cash operations;

......

§ 1º Proposals to carry out the operations referred to in items I and II of the caput and prior communications referred to in art. 9º-A must also be communicated to COAF.

......" (NR)

Art. 2º Circular No. 3,461, of 2009, shall enter into force amended with art. 9º-A with the following wording:

"Art. 9º-A The institutions mentioned in art. 9º must require prior communication from their customers and non-customer drawers, with at least three business days' advance notice, of cash withdrawals and payments of a value equal to or greater than R$50,000.00 (fifty thousand reais) referred to in art. 9º, § 1º, items I and III.

§ 1º The institutions mentioned in the caput must:

I - enable prior communication through the institution's website on the internet and through branches and Service Posts (PA);

II - issue a service protocol to the customer or non-customer drawer, in which the value of the operation, the branch where the withdrawal will be made, and the scheduled date for the withdrawal must be stated; and

III - record, at the time of prior communication, the information indicated in art. 9º, § 2º, as applicable.

§ 2º In the case of a cash withdrawal to be made by means of a check by a non-customer drawer, the prior communication referred to in the caput must be carried out exclusively in branches and PAs.

§ 3º The provisions of this article must be observed without prejudice to the provisions of art. 2º of Resolution No. 3,695, of March 26, 2009." (NR)

Art. 3º The title of the section comprising arts. 9º and 9º-A shall enter into force with the following wording:

"Of Operations with Cash Resources" (NR)

Art. 4º This Circular enters into force 180 days after the date of its publication.

Art. 5º § 4º of art. 9º of Circular No. 3,461, of July 24, 2009, is hereby revoked.

                          Otávio Ribeiro Damaso Director of Regulation