CMN Resolution No. 5,097 — Eligibility Criteria for Innovation and Digitalization Financing Operations with FAT Resources Transferred to BNDES

Resolution No. 5,097

CMN RESOLUTION NO. 5,097, OF AUGUST 24, 2023

Defines the eligibility criteria for financing operations for innovation and digitalization with resources from the Worker Protection Fund (FAT) transferred to the National Bank for Economic and Social Development (BNDES), remunerated by the Reference Rate (TR).

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on August 24, 2023, considering the provisions of Article 4, item VI, of Law No. 4,595 of 1964, and Article 18-A of Law No. 13,483 of September 21, 2017,

R E S O L V E S:

Art. 1 This Resolution provides for the eligibility criteria for financing operations for innovation and digitalization with resources from the Worker Protection Fund (FAT) transferred to the National Bank for Economic and Social Development (BNDES), remunerated by the Reference Rate (TR), as provided for in Article 18-A of Law No. 13,483 of September 21, 2017.

Art. 2 The FAT resources transferred to BNDES, for the purposes of Article 239, § 1 of the Federal Constitution, or applied in the special deposits provided for in Article 9 of Law No. 8,019 of April 11, 1990, may be remunerated by the TR, defined in Law No. 8,660 of May 28, 1993, when destined for financing operations for innovation and digitalization that meet the following eligibility criteria:

I - be contracted by: (Redaction given by CMN Resolution No. 5,306 of 5/20/2026.)

a) private legal entities headquartered in the country; (Included by CMN Resolution No. 5,306 of 5/20/2026.)

b) public legal entities, with the exception of the Union; or (Included by CMN Resolution No. 5,306 of 5/20/2026.)

c) individual entrepreneurs or natural persons residing and domiciled in the country who carry out economic activity in the agricultural, forestry production, fishing and aquaculture sectors, including directly related services; (Included by CMN Resolution No. 5,306 of 5/20/2026.)

II - be classified as:

a) investment and expenses in Research, Development and Innovation (R&D&I), including investments in innovation environments covered by Resolution No. 1 of July 6, 2023, of the National Council for Industrial Development (CNDI);

b) investment and expenses in R&D&I compatible with the objectives of the National Environmental Policy, the National Policy on Climate Change, the National Solid Waste Policy, the National Water Resources Policy and the National Policy on Payment for Environmental Services;

c) investment in industrial plants with processes not existing in Brazil or whose objective is the production of goods or inputs not manufactured in the country, or whose manufacture is still carried out in an incipient manner, in order to promote the expansion of the Brazilian technological frontier;

d) investments and expenses in technological diffusion, through:

1. acquisition of machinery and equipment with innovative technologies;

2. acquisition of information technology and automation goods, covered by the Informatics Law, which comply with the Basic Productive Process and, preferably, have national technology in the form of Ordinance No. 950 of December 12, 2006, of the Ministry of Science and Technology; and (Redaction given by CMN Resolution No. 5,294 of 4/23/2026.)

3. contracting of technological services associated with the optimization of production, and/or the viability of advanced manufacturing projects and/or the implementation of smart city solutions;

e) support for transformation to the digital environment, which must provide for the redesign of production processes, product development and/or business models or public administration, and/or include implementation of a digitalization plan, sensorization, acquisition of software for data processing and/or new analytical methods of data processing (descriptive, predictive and prescriptive);

f) investments in technology parks, incubators and accelerators.

Sole Paragraph. The financing operations referred to in the main text may be contracted directly with BNDES, its subsidiaries or financial agents authorized by it.

Art. 3 BNDES will approve, in each fiscal year, until 2026, a limit of up to 1.5% (one and five-tenths percent) of the balance of resources transferred to it according to Article 239, § 1 of the Federal Constitution for the operations referred to in this regulation.

§ 1 For the calculation of the value equivalent to the annual limit established in the main text, the base date of December 31 of the previous fiscal year will be used, and the update of the value during the year is admitted at any time, in case the National Monetary Council alters the percentage established in Article 3, based on the competence provided for in Article 18-A, sole paragraph, of Law No. 13,483 of 2017. (Redaction given by CMN Resolution No. 5,144 of 6/26/2024.)

§ 2 Exclusively for the 2024 fiscal year, BNDES will approve a limit of up to 2.12% (two and twelve hundredths percent) of the balance of resources transferred to it according to Article 239, § 1 of the Federal Constitution for the operations referred to in this regulation. (Included by CMN Resolution No. 5,144 of 6/26/2024.)

§ 3 Exclusively for the 2025 fiscal year, BNDES will approve a limit of up to 2.50% (two and fifty hundredths percent) of the balance of resources transferred to it according to Article 239, § 1 of the Federal Constitution for the operations referred to in this regulation, being 1% (one percent) for exclusive use in support of investments and expenses in technological diffusion, in the manner of Article 2, main text, item II, letter “d” of this Resolution. (Included by CMN Resolution No. 5,232 of 7/1/2025.)

§ 4 Exclusively for the 2026 fiscal year, BNDES will approve a limit of up to 2.50% (two and fifty hundredths percent) of the balance of resources transferred to it according to Article 239, § 1 of the Federal Constitution for the operations referred to in this regulation. (Included by CMN Resolution No. 5,287 of 3/26/2026.)

Art. 4 The Reference Rate (TR), published through the Time Series Management System (SGS) of the Central Bank of Brazil, under code No. 226, or any that may replace it, shall apply to the FAT resources applied in the credit operations contracted based on this Resolution.

§ 1 The remuneration by daily TR will be obtained by multiplying the calculation base by the following factor:

I - TR226 m-1: quotation of TR226 from the first day of the previous month until the first day of the current month exclusive;

II - Calendar days m: number of days in the current month, that is, the difference between the first day of the subsequent month and the first day of the current month.

§ 2 The remuneration calculated daily, in accordance with § 1 of this article, will be accumulated in the form of interest due, and must be remitted to the FAT, semi-annually, until the tenth business day of the month following its closing.

Art. 5 This Resolution enters into force on September 1, 2023.

Roberto de
Oliveira Campos Neto
President of the Central Bank of Brazil