Decreto nº 2.799, de 8 de outubro de 1998 — Aprova o Estatuto do Conselho de Controle de Atividades Financeiras – COAF (Decree No. 2,799 of 8 October 1998 — Approves the Statute of the Council for Financial Activities Control (COAF))

English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.

Presidency of the Republic

Civil House

Deputy Office for Legal Affairs

DECREE No. 2,799, OF OCTOBER 8, 1998 .

Revoked by Decree No. 9,663, of 2019

Text for printing

Approves the Statute of the Council for the Control of Financial Activities – COAF.

The

PRESIDENT OF THE REPUBLIC , using the powers conferred upon him by art. 84, items IV and VI, of the Constitution,

DECREES:

Art. 1 o The Statute of the Council for the Control of Financial Activities – COAF, created by Law No. 9,613, of March 3, 1998, is approved in the form of the Annex to this Decree.

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

Brasília, October 8, 1998; 177th of Independence and 110th of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Pullen Parente Cláudia Maria Costin

This text does not replace the one published in the DOU of 10.10.1998

A N N E X

STATUTE OF THE COUNCIL FOR THE CONTROL OF

FINANCIAL ACTIVITIES - COAF

Chapter I

OF THE NATURE AND PURPOSE

Art. 1 o The Council for the Control of Financial Activities - COAF, a collegiate deliberation body with jurisdiction throughout the national territory, created by Law No. 9,613, of March 3, 1998 , part of the structure of the Ministry of Finance, headquartered in the Federal District, has the purpose of disciplining, applying administrative penalties, receiving, examining and identifying suspected occurrences of illicit activities provided for in its creation Law, without prejudice to the competence of other bodies and entities.

Sole paragraph. COAF may maintain decentralized units, using the infrastructure of the regional units of the bodies to which the Councilors belong, aiming at adequate coverage of the entire national territory.

Chapter II

Of the organization

Section I

Of the Composition of the Plenary

Art. 2 o The Plenary shall be presided over by the president of COAF and composed of one representative from each of the following bodies or entities:

I - Central Bank of Brazil;

II - Securities Commission ;

III - Superintendence of Private Insurance;

IV - Attorney General's Office of the National Treasury;

V - Secretariat of the Federal Revenue;

VI - Undersecretariat of Intelligence of the Military House of the Presidency of the Republic;

VII - Department of Federal Police;

VIII - Ministry of Foreign Affairs.

Sole paragraph. The Councilors shall be members of the effective staff of their organizations, appointed by the Minister of State for Finance, complying, in the case of items VI, VII and VIII, with the indication of the respective Ministers of State.

Art. 2 o

The plenary shall be presided over by the President of COAF and composed of one representative from each of the following bodies and entities: (Redaction given by Decree No. 5,101, of 2004)

I - Central Bank of Brazil; (Redaction given by Decree No. 5,101, of 2004)

II - Securities Commission; (Redaction given by Decree No. 5,101, of 2004)

III - Superintendence of Private Insurance; (Redaction given by Decree No. 5,101, of 2004)

IV - Attorney General's Office of the National Treasury; (Redaction given by Decree No. 5,101, of 2004)

V - Secretariat of the Federal Revenue; (Redaction given by Decree No. 5,101, of 2004)

VI - Brazilian Intelligence Agency - ABIN; (Redaction given by Decree No. 5,101, of 2004)

VII - Comptroller General of the Union; (Redaction given by Decree No. 5,101, of 2004)

VIII - Ministry of Foreign Affairs; (Redaction given by Decree No. 5,101, of 2004)

IX - Ministry of Social Security; (Included by Decree No. 5,101, of 2004)

X - Ministry of Justice; and (Included by Decree No. 5,101, of 2004)

XI - Department of Federal Police. (Included by Decree No. 5,101, of 2004)

Sole paragraph. The councilors shall be effective public servants of the federal administration, appointed by the Minister of State for Finance, complying, in the case of items VI to XI, with the indication of the respective Ministers of State. (Redaction given by Decree No. 5,101, of 2004)

Art. 3 The Council shall have the support of an Executive Secretariat, headed by an Executive Secretary, appointed by the Minister of State for Finance.

Section II

Of the Position of President

Art. 4 o The position of President of COAF is one of exclusive dedication, and any accumulation is not permitted, except those constitutionally allowed.

§ 1 The provisions of arts. 5 and 6 shall apply to the position of President, as applicable.

§ 2 The president of the Council shall be appointed by the President of the Republic, upon the nomination of the Minister of State for Finance.

Section III

On the Term of Office of Councilor

Art. 5 The term of office of a Councilor shall be three years, with reappointment permitted.

§ 1 Loss of the term of office of a Councilor shall occur in the following cases:

I - absolute civil incapacity;

II - criminal conviction by a final and unappealable judgment;

III - administrative improbity proven through a disciplinary proceeding in accordance with the provisions of Law No. 8.112 of 11 December 1990, and Law No. 8.429 of 2 June 1992;

IV - loss of the effective position in the originating body or retirement;

V - violation of the provisions of art. 6.

§ 2 The member of COAF who unjustifiably misses three consecutive ordinary meetings, or ten interspersed ones, shall also automatically lose the term of office.

§ 3 In the event of loss of term of office or resignation of a Councilor, a substitute shall be designated, who shall serve a regular term, observing the provisions of the caput of this article.

§ 4 The function of Councilor shall be exercised without prejudice to the regular duties in the originating bodies of the member of COAF.

Section IV

On the prohibitions

Art. 6 The President, the Councilors and the servants of the Executive Secretariat of COAF, or those at its disposal, are prohibited from:

I - participating, in the form of controller, administrator, manager, agent or attorney, in legal entities with activities related in art. 9, caput and sole paragraph of Law No. 9.613 of 1998;

II - issuing an opinion on matters of their specialization, outside their functional attributions, even in theory, or acting as a consultant for any of the legal entities referred to in the previous item;

III - expressing, through any means of communication, an opinion on a case pending judgment in the Council.

Chapter III

On the COMPETENCES AND ATTRIBUTIONS

Section I

On the Competence of the Plenary

Art. 7 The Plenary of COAF has the competence to:

I - ensure compliance with the pertinent legislation, its Statute and the Internal Rules of the Council;

II - regulate matters within its competence, under the terms of Law No. 9.613 of 1998;

III - receive, examine and identify occurrences suspected of illicit activities, under the terms of art. 1 of Law No. 9.613 of 1998;

IV - decide on infractions and apply the administrative penalties provided in art. 12 of Law No. 9.613 of 1998, to the legal entities dealt with in art. 9 of said Law, for which there is no own supervisory or regulatory body;

V - issue the instructions destined for the legal entities referred to in the previous item;

VI - prepare the list of suspicious transactions and operations, under the terms of § 1 of art. 11 of Law No. 9.613 of 1998;

VII - coordinate and propose mechanisms for cooperation and exchange of information that enable rapid and efficient actions in the prevention and repression of the concealment or dissimulation of assets, rights and values;

VIII - request information or require documents from legal entities, for which there is no supervisory or regulatory body, or through the competent body, when applicable;

IX - determine communication to the competent authorities, when concluding the existence of crimes, well-founded indications of their practice, or any other illicit act;

X - express itself on proposals for international agreements, in matters within its competence, hearing, when applicable, the other public bodies or entities involved with the matter.

Section II

On the Competence of the Executive Secretariat

Art. 8 The Executive Secretariat has the competence to:

I - receive from the institutions listed in art. 9 of Law No. 9.613 of 1998, directly or through the supervisory or regulatory bodies, the registration and movement of values considered suspicious, in accordance with arts. 10 and 11 of said Law;

II - centralize the requests forwarded to the decentralized units;

III - receive reports, including anonymous ones, referring to operations considered suspicious;

IV - catalog, classify, identify, collate and archive the information, reports and data received and requested;

V - request information maintained in the databases of public and private bodies and entities;

VI - analyze the reports, data and information received and requested, prepare and archive dossiers containing the studies carried out;

VII - request investigations from the bodies and entities of the federal public administration when there are indications of operations considered suspicious, in the information received or requested or as a result of the analyses carried out;

VIII - provide secretariat services for the work of the Council, on a permanent basis;

IX - prepare, for decision of the Minister of State for Finance, the appeals against decisions of the competent authorities mentioned in the previous article;

X - exercise other attributions conferred by the Plenary or by the Presidency.

Section III

On the Attributions of the President

Art. 9 The President of COAF is responsible for:

I - presiding, with the right to vote, including the casting vote, over the meetings of the Plenary of the Council;

II - issuing the normative and regulatory acts necessary for the improvement of the work of the Council;

III - convening meetings and determining the organization of the respective agenda;

IV - signing the official acts of COAF, as well as the decisions of the Plenary;

V - determining the notification of interested parties;

VI - guiding, coordinating and supervising the administrative activities of the Council and the Executive Secretariat;

VII - communicating with the competent authorities, whenever the examinations conclude the existence of strong indications of irregularities;

VIII - designating an expert, to assist in the activities of the Council, when the matter requires specific technical knowledge;

IX - inviting representatives of public or private bodies or entities to participate in the meetings, without the right to vote.

Section IV

On the Attributions of the Councilors

Art. 10. The Councilors are responsible for:

I - issuing votes in the cases and matters submitted to the Plenary;

II - issuing orders and drafting decisions in the cases in which they are rapporteurs;

III - submitting to the Plenary the request for information and documents relevant to the case, observing legal confidentiality, as well as determining the diligences necessary for the exercise of their functions;

IV - discharging the other tasks assigned to them in the Internal Rules of the Council;

V - exercising other attributions conferred by the Plenary or by the Presidency.

CHAPTER IV

On the exchange of information

Art. 11. The Central Bank of Brazil, the Securities and Exchange Commission, the Superintendence of Private Insurance, the Department of Federal Police, the Undersecretariat of Intelligence of the Military Office of the Presidency of the Republic and the other public bodies and entities with attributions to supervise and regulate the persons subject to the obligations referred to in arts. 10 and 11 of Law No. 9.613, of 1998, shall provide the information and collaboration necessary for the fulfillment of the attributions of COAF and its Executive Secretariat.

§ 1 The exchange of confidential information between COAF and the bodies referred to in the caput, when judicially authorized, implies transfer of responsibility for the preservation of confidentiality.

§ 2 The requests for information referred to in the caput shall be forwarded by means of a specific form, signed by the competent administrative authority, or the data stored in an electronic database shall be accessed by a duly registered public servant or employee.

§ 3 Requests for information from the bodies that compose COAF and from COAF to said bodies shall be attended to on a priority basis.

§ 4

The information requested from COAF shall be forwarded to the requester, in the form of specific forms or reports, and its forwarding shall characterize the transfer of responsibility for the preservation of legal confidentiality, when applicable.

§ 5

The bodies referred to in the caput shall establish mechanisms for the compatibility of their data systems, to facilitate the exchange of electronic information that is not protected by legal confidentiality.

Art. 12. COAF may share information with pertinent authorities of other countries and international organizations, based on reciprocity or agreements.

Art. 13. Upon receiving a request for information referring to the crimes provided for in art. 1 of Law No. 9.613, of 1998, originating from a competent authority or body of another country, COAF shall attend to or forward, if applicable, the request to the competent bodies, so that the appropriate measures may be taken aiming at attending the request.

CHAPTER V

On the ADMINISTRATIVE PROCESS

Art. 14. The administrative infractions provided for in Law No. 9.613, of 1998, shall be investigated and punished by means of an administrative process, ensuring adversarial proceedings and full defense.

Sole paragraph. The Central Bank of Brazil, the Securities and Exchange Commission, the Superintendence of Private Insurance and other bodies or entities responsible for the application of administrative penalties provided for in

art. 12 of Law No. 9.613, of 1998, shall observe their procedures and, where applicable, the provisions of this Statute.

Art. 15. COAF and the supervisory and regulatory bodies of the persons referred to in art. 9 of Law No. 9.613, of 1998, may promote preliminary investigations, on a confidential basis.

Sole paragraph. In the preliminary investigations, the competent authority, in accordance with the internal rules of the respective body or entity, may request clarifications from the natural or legal persons directly related to the object of the investigation.

Art. 16. Once the preliminary investigations are concluded, the responsible authority shall propose the initiation of the administrative process or determine its archiving, submitting, in the latter case, the decision to superior review.

Art. 17. The administrative process shall be initiated within a period not exceeding ten business days, counted from the knowledge of the infraction, from the receipt of the communications referred to in item II of art. 11 of Law No. 9.613, of 1998, or from the knowledge of the conclusions of the preliminary investigations, by reasoned act of the competent authority, which shall specify the facts to be investigated.

Art. 18. The accused shall be summoned to present a defense within fifteen days, and must present the evidence of their interest, and may present new documents at any time before the conclusion of the evidentiary phase.

§ 1 The summons shall contain the full text of the act initiating the administrative process.

§ 2 The summons of the accused shall be made by mail, with acknowledgment of receipt, or, if the postal summons is unsuccessful, by notice published once in the Official Gazette of the Union, with the periods counted from the receipt of the summons, or from the publication, as the case may be.

§ 3 The accused may follow the administrative process, personally or through their legal representative, when a legal entity, or through a legally qualified lawyer, being assured broad access to the process, which shall remain in the premises of the processing body or entity, and the obtaining of copies of the documents in the case file.

Art. 19. The accused who, having been summoned, does not present a defense within the period referred to in the previous article, shall be considered in default, incurring in confession as to the matter of fact, and the other periods shall run against them, regardless of a new summons.

Sole paragraph. Whatever the phase in which the process is found, the defaulting party may intervene in it, without the right to repetition of any act already performed.

Art. 20. Once the deadline for presenting the defense has elapsed, the authority responsible for conducting the process may determine the performance of diligences and the production of evidence of interest to the process, and may request from the accused new information, clarifications or documents, to be presented within the deadline set by the requesting authority, maintaining legal confidentiality, when applicable.

Art. 21. The decision shall be rendered within a maximum period of sixty days after the conclusion of the instruction.

Art. 22. The bodies and entities responsible for applying the administrative penalties provided for in Law No. 9.613, of 1998 shall oversee compliance with their decisions.

§ 1 If the decision is not complied with, in whole or in part, the fact shall be communicated to the competent authority, which shall determine measures for its judicial enforcement.

§ 2 When it concerns a decision of COAF, the judicial representation shall be made by an attorney of the Advocacia-Geral da União.

Art. 23. Appeals against decisions of COAF may be filed with the Minister of State for Finance within fifteen days from becoming aware of the decision.

Art. 23. Appeals against decisions of COAF may be filed with the Conselho de Recursos do Sistema Financeiro Nacional within fifteen days, counted from the date of becoming aware of the decision. (Wording given by Decree No. 7.835, of 2012)

CHAPTER VI

Final and Transitional Provisions

Art. 24. Expenses for the installation and operation of COAF and the Executive Secretariat shall be borne by the budget of the Ministry of Finance.

Art. 25. The Advogado-Geral da União shall designate an attorney of the Advocacia-Geral da União, who shall act with COAF.

Art. 26. The Internal Rules of COAF shall be approved by an act of the Minister of State for Finance.

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