BCB Normative Instruction No. 231 of January 25, 2022

BCB NORMATIVE INSTRUCTION NO. 231, OF JANUARY 25, 2022

Amends BCB Normative Instruction No. 77, of February 11, 2021, which establishes procedures regarding the submission of documents and information, responses to requirements, and filing of appeals, the formalization of requirements, the communication of decisions, and other communications related to the processing and examination of authorization processes conducted by the Department of Financial System Organization (Deorf), and provides other measures.

The Head of the Department of Financial System Organization (Deorf), using the authority granted by Article 23, item I, clause “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, and considering the provisions of Article 40 of Law No. 9,874, of January 29, 1999,

RESOLVES:

Article 1. BCB Normative Instruction No. 77, of February 11, 2021, shall be amended as follows:

Article 3. .............................................................................................................

§ 3. Applications, letters, official letters, authorizations, and declarations addressed to Deorf must contain the name, CPF registration number, and respective digital signature of the subscribers.

§ 4. The digital signature of the documents referred to in § 3 must be performed through:

I - a digital certificate issued by a Certification Authority of the Brazilian Digital Infrastructure (ICP-Brasil), in the PAdES standard; or

II - a gov.br account with silver or gold security and access levels.

Article 2. This Normative Instruction enters into force on April 1, 2022.

Carolina Pancotto Bohrer

Note

Decree No. 10,543, of November 13, 2020, provides for the use of electronic signatures in the federal public administration and regulates Article 5 of Law No. 14,063, of September 23, 2020, regarding the minimum level required for electronic signatures in interactions with the public entity. Based on the aforementioned decree, this BCB Normative Instruction (IN BCB) aims to clarify to interested parties the minimum levels for electronic signatures on documents related to the processing of authorization processes conducted by the Department of Financial System Organization (Deorf).

2. Decree No. 10,411, of June 30, 2020, regulates the conduct of regulatory impact analysis (RIA) as a prerequisite for the issuance of normative acts. However, in its Article 4, the aforementioned decree establishes the hypotheses for exemption from conducting RIA. This IN BCB falls under the hypothesis provided for in item III, a normative act considered to be of low impact, as it only guides the execution of an obligation already contained in another current regulation. Thus, based on item III of Article 4 of Decree No. 10,411, of 2020, I understand that the issuance of this IN BCB exempts the conduct of RIA.

Carolina Pancotto Bohrer