Rule · BR-LAW · 13 Jun 2023 · Decreto 11.563/2023
The decree grants the Central Bank of Brazil authority to regulate, authorize and supervise providers of virtual asset services and to set rules for their operation, while excluding assets that represent securities governed by Law No. 6,385/1976 and preserving the existing roles of the Securities Commission, the National Consumer Defense System, and crime‑prevention provisions of Law No. 14,478/2022. It also specifies that the Central Bank will be responsible for supervising these providers. The decree takes effect on June 20, 2023.
Presidency of the Republic
Civil House
Special Secretariat for Legal Affairs
DECREE No. 11,563, of June 13, 2023
Validity
Regulates Law No. 14,478, of December 21, 2022, to establish competencies for the Central Bank of Brazil.
THE PRESIDENT OF THE REPUBLIC, exercising the powers conferred by art. 84, caput, items IV and VI, paragraph “a”, of the Constitution, and in view of the provisions of Law No. 14,478, of December 21, 2022,
DECREES:
Article 1. This Decree regulates Law No. 14,478, of December 21, 2022, to establish for the Central Bank of Brazil the competence to:
I – regulate the provision of virtual asset services, observing the guidelines of the said Law;
II – regulate, authorize and supervise virtual asset service providers; and
III – decide on the other cases established in Law No. 14,478, of 2022, without prejudice to the provisions of art. 12, in the part that includes art. 12‑A in Law No. 9,613, of March 3, 1998.
Article 2. For the purposes of the provisions of art. 6 of Law No. 14,478, of 2022, the Central Bank of Brazil shall discipline the operation of virtual asset service providers and shall be responsible for supervising such providers.
Article 3. The provisions of this Decree:
I – do not apply to assets representing securities subject to the regime of Law No. 6,385, of December 7, 1976; and
II – do not alter the competencies:
a) of the Securities and Exchange Commission – CVM;
b) of the National Consumer Defense System, as provided for in Law No. 8,078, of September 11, 1990; and
c) of prevention and repression of crimes provided for in item VII of the caput of art. 4 of Law No. 14,478, of 2022.
Article 4. This Decree enters into force on June 20, 2023.
Brasília, June 13, 2023; 202nd Independence and 135th Republic.
LUÍZ INÁCIO LULA DA SILVA
Fernando Haddad
Roberto Campos Neto
This text does not replace the one published in the Official Gazette on 14/6/2023
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“Regulates Law No. 14,478, of December 21, 2022, to establish competencies for the Central Bank of Brazil.”
“Art. 1 of Decree No. 11,563 of June 13, 2023”
“and in arts. 1 and 2 of Decree No. 11,563, of June 13, 2023”
“and 1 and 2 of Decree No. 11,563 of June 13, 2023”
“1 and 2 of Decree No. 11,563 of June 13, 2023”
“Articles 1 and 2 of Decree No. 11,563 of June 13, 2023”
“on Article 1 of Decree No. 11,563, of June 13, 2023”
“1 and 2 of Decree No. 11,563, of June 13, 2023”
“based on arts. 4 and 6 of Law No. 14,478, of December 21, 2022, and arts. 1 and 2 of Decree No. 11,563, of June 13, 2023,”
“1º and 2º of Decree No. 11,563, of June 13, 2023”
“Articles 1 and 2 of Decree No. 11,563, of June 13, 2023”
“Decree No. 11,563, of June 13, 2023, in turn, established that the Central Bank of Brazil holds, among other competencies”
“Article 1º, caput, item I, of Decree No. 11,563, of June 13, 2023”
“Arts. 1 and 2 of Decree No. 11,563, of June 13, 2023”
“without prejudice to the provisions of art. 12, in the part that includes art. 12‑A in Law No. 9,613, of March 3, 1998.”
“do not apply to assets representing securities subject to the regime of Law No. 6,385, of December 7, 1976”
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