Coaf Normative Instruction No. 6 of March 10, 2021 - Establishes parameters for admitting the exemption provided for in Article 13 of Resolution No. 36 of March 10, 2021

Establishes parameters for admitting the exemption provided for in Article 13 of Resolution No. 36 of March 10, 2021, of the Financial Activities Control Council (Coaf)

Published on 12/03/2021 20:19Modified 6 years ago

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OFFICIAL GAZETTE OF THE UNION

Published on: 11/03/2021 | Edition: 47 | Section: 1 | Page: 55

Agency: Ministry of Economy/Bank of Brazil/Financial Activities Control Council

COAF NORMATIVE INSTRUCTION NO. 6, OF MARCH 10, 2021

Establishes parameters for admitting the exemption provided for in Article 13 of Resolution No. 36 of March 10, 2021, of the Financial Activities Control Council - Coaf.

THE PRESIDENT OF THE FINANCIAL ACTIVITIES CONTROL COUNCIL - COAF, using the powers conferred on him by items II and IV of Article 9 of its Statute, approved by Decree No. 9.663, of January 1, 2019, kept in force, in the manner of Article 9 of Law No. 13.901, of November 11, 2019, insofar as compatible with Law No. 13.974, of January 7, 2020, resolves:

Art. 1. Parameters are established, under this Normative Instruction, for admitting, as provided in Article 13 of Resolution No. 36 of March 10, 2021, of Coaf, the exemption from the application of the provisions of that Resolution regarding supervised entities that fall into the category of smaller size and volume of operations, provided that, through a detailed justification, the interested supervised entity concludes that:

I - it is covered by the classification in the category of smaller size and volume of operations, observing the criterion established in Article 2 of this Normative Instruction; and

II - its internal risk assessment, duly updated, shows that the risks of money laundering, terrorist financing and financing of weapons of mass destruction - ML/TF related to its activities are low.

Art. 2. The supervised entities referred to in Article 1 are covered by the classification in the category of smaller size and volume of operations contemplated by the Special Unified Regime for Collection of Taxes and Contributions Due by Microenterprises and Small Businesses - Simples National, provided that the amount of their annual financial movement, calculated in the previous fiscal year considering the sum of credits and debits in deposit accounts, including savings and payment accounts, does not exceed twice the value of the annual revenue limit established for classification in Simples National.

Art. 3. Regarding the detailed justification and internal risk assessment referred to in Article 1, supervised entities, in order to benefit from the exemption provided for in Article 13 of Resolution No. 36 of 2021, of Coaf, must comply with their corresponding provisions, notably those contained in Chapters IV and VII, observing, regarding this, the following:

I - the detailed justification must be documented and approved by its administrators within the supervised legal entity, without prejudice, in any case, to the possibility of its broad responsibility, as provided in Article 12 of Law No. 9.613, of 1998, even in the absence of due approval;

II - supervised entities must documentally prove, when requested, any condition required for the exemption referred to in the caput, as well as any fact considered in the corresponding detailed justification or internal risk assessment; and

III - the internal risk assessment, in order to be considered in the manner of item II of Article 1, must have had its last update carried out at least two years ago or more recently, since the last significant change in related risk profile, observing the provisions of Article 6 of Resolution No. 36 of 2021, of Coaf, in case of eventual change of the species occurred less time ago.

Art. 4. The conclusion of the supervised entity through the detailed justification referred to in Article 1 does not preclude the possibility of responsibility for non-compliance with the duties provided for in Resolution No. 36 of 2021, of Coaf, in the manner of Article 12 of Law No. 9.613, of 1998, through an administrative sanctioning process in which the interested parties are assured the observance of the principles of due process and full defense, in case the inconsistency of the mentioned conclusion is verified.

Art. 5. This Normative Instruction enters into force on June 1, 2021.

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