CMN Resolution No. 5192 — Amends CMN Resolution No. 4,897 of March 25, 2021, to Allow Interest Equalization in Cases of Advance Payment in Financing Eligible for Proex Equalization

RESOLUTION
CMN NO. 5,192, OF DECEMBER 19, 2024

Amends
CMN Resolution No. 4,897, of March 25, 2021, to allow interest equalization in cases of advance payment in financing eligible for Proex Equalization.

The
Central Bank of Brazil, in accordance with Art. 9 of Law No. 4,595, of December 31, 1964, makes public that the National Monetary Council, in a session held on December 19, 2024, based on Art. 4, caput, item VI, of the aforementioned law, and considering the provisions of Art. 3 of Law No. 10,184, of February 12, 2001, and Art. 3 of Decree No. 7,710, of April 3, 2012,

R E S O L V E D:

Art.

1. CMN Resolution No. 4,897, of March 25,
   2021, published in the Official Gazette of the Union on March 29, 2021, shall be effective with the following amendments:

“Art. 6. ....................................................................................................................

..................................................................................................................................

§ 3. In the event of advance payment of exports, verified by the invoice related to the advance payment, provided for in Art. 8, caput, item I, the first period begins on the date the credit is made available to the exporter and ends six months after that date, limited to the financing term.” (NR)

“Art. 8. ....................................................................................................................

I - shipment of goods or invoicing of services or the invoice related to the advance payment of exports based on the commercial contract between the Brazilian exporter and the importer in which the aforementioned advance payment is provided for;

.........................................................................................................................” (NR)

“Section IX

Of the disqualification of the operation

Art. 13-B. The institutions referred to in Art. 4, § 1, or the agent appointed as their legal representative, shall inform the Proex Financial Agent when the equalizable financing operation is disqualified in cases where the goods or services financed are not exported by the date scheduled for shipment or invoicing stated in the LPCO, except in cases of fortuitous event or force majeure.

§ 1. In the case of disqualification provided for in the caput, the institutions referred to in Art. 4, § 1, shall inform the Proex Financial Agent of the NTN-I to be cancelled within a maximum period of sixty days from the date scheduled for shipment or invoicing stated in the LPCO.

§ 2. The face value of NTN-I issued up to the moment of disqualification must be reimbursed to the Union, within a maximum period of sixty days from the date scheduled for shipment or invoicing stated in the LPCO, by the institutions referred to in Art. 4, § 1, or by the agent appointed as their legal representative, in Brazilian Reais – R$, remunerated by the average reference rate of Selic, from the redemption date until the day immediately preceding the reimbursement.

§ 3. In the case of partial export, the equalizable financing operation shall be partially disqualified, proportionally to the export not carried out within the period defined in the caput.

§ 4. Exporters who cause the disqualification of more than 15% (fifteen percent) of the operation under the terms of this article shall not be eligible for new Proex Equalization operations for five years after the disqualification, except in the case of fortuitous event or force majeure provided for in the caput.

§ 5. In the case of fortuitous event or force majeure provided for in the caput, the institutions referred to in Art. 4, § 1, or the agent appointed as their legal representative, shall prove the occurrence to the Proex Financial Agent within thirty days from the date scheduled for shipment or invoicing stated in the LPCO and present a new schedule for shipment or invoicing, under penalty of having the operation disqualified.” (NR)

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

ROBERTO
DE OLIVEIRA CAMPOS NETO

President of the Central Bank of Brazil