CVM Instruction No. 534 of June 4, 2013

CVM INSTRUCTION NO. 534, OF JUNE 4, 2013.

Amends provisions of CVM Instruction No. 301, of April 16, 1999.

THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION - CVM makes public that the Collegiate Board, in a meeting held on May 22, 2013, having in view Law No. 6,385, of December 7, 1976, as well as the provisions of Articles 10 to 13 of Law No. 9,613, of March 3, 1998, and the sole paragraph of Article 14 of the Annex to Decree No. 2,799, of October 8, 1998, APPROVED the following Instruction:

Art. 1 The summary of CVM Instruction No. 301, of April 16, 1999, shall be in effect with the following wording:

"Provides for the identification, registration, record, operations, communication, limits, and administrative responsibility referred to in Articles 10, 11, 12, and 13 of Law No. 9,613, of March 3, 1998, regarding the crimes of 'money laundering' or concealment of assets, rights, and values." (NR)

Art. 2 Articles 1, 2, 4, and 7 of CVM Instruction No. 301, of 1999, shall be in effect with the following wording:

"Art. 1 The provisions of this Instruction regulate the identification and registration of clients, the record of transactions and value limits, as well as internal policies, procedures, and controls for the monitoring of operations and the registration of clients referred to in items I, II, and III of Article 10, the monitoring and communication of operations and the limit referred to in items I to III of Article 11, and the administrative responsibility provided for in Articles 12 and 13, all provisions of Law No. 9,613, of March 3, 1998, which deals with the crimes of 'money laundering' or concealment of assets, rights, and values, including with respect to the prevention of the use of the financial system for the practice of such offenses." (NR)

"Art. 2 The following are subject to the obligations provided for in this Instruction:

I – persons who have, on a permanent or occasional basis, as their main or ancillary activity, custody, issuance, distribution, settlement, negotiation, intermediation, consulting, or administration of securities and independent auditing within the securities market;

II – entities administering organized markets; and

III – other persons referred to in Article 9 of Law No. 9,613, of 1998, who are under the discipline and supervision exercised by the CVM." (NR)

"Art. 4 ......

I - the timely communications referred to in Articles 7 and 7-A; and

......" (NR)

"Art. 7 For the purposes of the provisions of Article 11, item II, of Law No. 9,613, of 1998, and Decree No. 5,640, of December 26, 2005, the persons mentioned in Article 2 of this Instruction must communicate to the Financial Activities Control Council - COAF, abstaining from informing any person, including the person to whom the information refers, within 24 (twenty-four) hours from the occurrence that, objectively, allows it, all transactions, or proposals for transactions, covered by the records provided for in Article 4 of this Instruction, which may be considered serious indications of crimes of 'money laundering' or concealment of assets, rights, and values arising from a criminal offense, as provided for in Article 1 of Law No. 9,613, of 1998, including terrorism or its financing, or related to them, in which:

......

§1 (REVOKED)

......" (NR)

Art. 3 CVM Instruction No. 301, of 1999, shall be in effect with the addition of Article 7-A, with the following wording:

"Art. 7-A For the purposes of the provisions of Article 11, item III, of Law No. 9,613, of 1998, the persons mentioned in Article 2 of this Instruction, provided that no communication referred to in the caput of Article 7 has been made to the Financial Activities Control Council – COAF, must communicate to the CVM, annually, until the last business day of the month of January, through an electronic system available on the CVM's website on the World Wide Web, the non-occurrence in the previous calendar year of transactions or proposals for transactions subject to communication, in accordance with Article 7.

§1 The communication referred to in this article shall be protected by confidentiality.

§ 2 The Securities and Exchange Commission may enter into an agreement with the Financial Activities Control Council – COAF and other regulatory bodies for the purpose of receiving the information referred to in the caput." (NR)

Art. 4 Paragraph 1 of Article 7 of CVM Instruction No. 301, of April 16, 1999, is revoked.

Art. 5 This Instruction enters into force on the date of its publication.

Signed original by
LEONARDO P. GOMES PEREIRA
President