Instruction Normative BCB No. 296 — Amends and Consolidates Instructions for Registration of Operations in the Public Sector Credit Operations Registration System (Cadip)

Resolution No. 222

INSTRUCTION NORMATIVE BCB NO. 296, OF AUGUST 22, 2022

Amends and consolidates the instructions for registration of operations in the Public Sector Credit Operations Registration System (Cadip).

The Head of the Department of Financial System Monitoring (Desig), in the exercise of the powers conferred by Art. 23, item I, letter “a”, and Art. 77, item IV, both of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, having in view the provisions of CMN Resolutions Nos. 4,940, of August 26, 2021, 4,995, of March 24, 2022, and 4,996, of March 24, 2022, and of BCB Resolution No. 196, of March 9, 2022,

R E S O L V E S:

Art. 1º This Instruction Normative sets forth the conditions for the registration of operations contracted with the agencies and entities of the public sector, in the Public Sector Credit Operations Registration System (Cadip), as governed by BCB Resolution No. 196, of March 9, 2022.

Art. 2º The operations referred to in Art. 1º must be registered in Cadip, through the PDIP500 transaction of the Central Bank Information System (Sisbacen), option “1”, action “1”, or through Document 1010, observing the instructions contained in the Annex to this Instruction Normative.

§ 1º As provided in Art. 4º of BCB Resolution No. 196, of 2022, the registration of operations in Cadip must be made within 10 business days counted from the date of contracting the operation.

§ 2º The information necessary for the registration referred to in the caput is in the Cadip Manual available on the Central Bank of Brazil website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/setorpublicolimitecredito.

§ 3º The information necessary for the preparation of the Document referred to in the caput is available on the Central Bank of Brazil website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Art. 3º As provided in Art. 2º of BCB Resolution No. 196, of 2022, the registration referred to in Art. 1º of this Instruction Normative must be made by financial institutions and other institutions authorized to operate by the Central Bank of Brazil that contract credit operations with agencies and entities of the public sector.

Art. 4º For registration of operations in Cadip, the information provided in Art. 3º of BCB Resolution No. 196, of 2022, must contain, at minimum:

I - identification of the creditor:

a) CNPJ of the institution that granted the credit.

II - identification of the borrower:

a) CNPJ of the public entity.

III - identification of the credit operation:

a) date of contracting;

b) modality of the operation, according to Articles 6º and 7º of this Instruction Normative;

c) authorization number from the National Treasury Secretariat of the Ministry of Economy (STN), according to Art. 8º of this Instruction Normative;

d) global limit year, according to Art. 9º of this Instruction Normative;

e) standardized identifier of credit operations (IPOC), as governed by Circular No. 3,953, of July 10, 2019; and

f) currency of the operation: standardized code for identification of the operation's currency.

IV - identification of the guarantee and guarantor:

a) standardized code for identification of the type of guarantee;

b) CNPJ of the guarantor;

c) name of the municipality; and

d) Federative Unit (UF) of the guarantor.

V - value of the operation:

a) value of the operation: contracted value in the operation's currency;

b) principal to be released: principal value to be released, mandatory for operations resulting from renegotiation, repactuation, renewal, or acquisition of credit, and where there is a balance of principal to be released; and

c) principal to be paid: balance of the value to be paid, mandatory for operations resulting from renegotiation, repactuation, renewal, or acquisition of credit, and where there is a balance of principal to be paid.

VI - status of the operation: information regarding the condition of compliance, suspension of payment, contractual amendments, assignment or purchase of credit rights between financial institutions.

Sole Paragraph. As established in CMN Resolution No. 4,995, of March 24, 2022, an agency or entity of the public sector is considered in default if it presents a debt, fully or partially due, for a period exceeding thirty days.

Art. 5º As provided in the sole paragraph of Art. 3º of BCB Resolution No. 196, of 2022, the operations registered in Cadip must align with the information registered in the Credit Information System (SCR) regarding credit operations contracted with agencies and entities of the public sector.

§ 1º The alignment referred to in the caput must be made through the IPOC, referred to in Art. 4º, item III, letter “e” of this Instruction Normative.

§ 2º It is admitted that the inclusion of the IPOC of the operations registered in Cadip until November 30, 2022, may be made until December 1, 2022.

§ 3º The inclusion of the IPOC referred to in § 2º must be made only for active operations.

§ 4º The inclusion of the IPOC referred to in § 2º may be made through the PDIP500 transaction of Sisbacen, or through Document 1010.

Art. 6º The operations referred to in Art. 1º, which impact the annual global limit set forth in the caput of Art. 8º of CMN Resolution No. 4,995, of 2022, must be registered with the following modalities:

I - modality AT – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - With guarantee of the Union;

II - modality AS - operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, for agencies and entities of the States, the Federal District, and Municipalities, excluding state-owned companies referred to in Art. 10 of said Resolution;

III - modality AE - operations governed by CMN Resolution No. 4,995, of 2022, Art. 10 - Without guarantee of the Union, for state-owned companies; or

III - (Revoked, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

IV - modality AM - operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, for agencies and entities of the Union.

IV - modality AM - operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, for agencies and entities of the Union; (Wording given, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

V - modality UG- credit operations with guarantee of the Union carried out with the Brazilian Company of Participation in Nuclear and Binuclear Energy S/A – ENBPar, exclusively for the implementation of the Angra 3 Nuclear Power Plant; or(Included, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

V - modality UG- operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - With guarantee of the Union, carried out with the Brazilian Company of Participation in Nuclear and Binuclear Energy S/A – ENBPar; (Wording given, effective 4/1/2024, by Instruction Normative BCB No. 458, of 3/25/2024.)

VI - modality US – Credit operations without guarantee of the Union carried out with Eletrobras Termonuclear S/A – Eletronuclear, exclusively for the implementation of the Angra 3 Nuclear Power Plant. (Included, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

VI - modality US – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, carried out with Eletrobras Termonuclear S/A – Eletronuclear; (Wording given, effective 4/1/2024, by Instruction Normative BCB No. 458, of 3/25/2024.)

VII - modality PG – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - With guarantee of the Union, included within the scope of the New PAC; (Included, effective 4/1/2024, by Instruction Normative BCB No. 458, of 3/25/2024.)

VIII - modality NP – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, included within the scope of the New PAC; or (Included, effective 4/1/2024, by Instruction Normative BCB No. 458, of 3/25/2024.)

VIII - modality NP – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - Without guarantee of the Union, included within the scope of the New PAC; (Wording given by Instruction Normative BCB No. 697, of 12/30/2025.)

IX - modality 3P – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - With guarantee of the Union, relating to contracting within the scope of Public-Private Partnerships (PPPs). (Included, effective 4/1/2024, by Instruction Normative BCB No. 458, of 3/25/2024.)

IX - modality 3P – operations governed by CMN Resolution No. 4,995, of 2022, Art. 8º, § 1º - With guarantee of the Union, relating to contracting within the scope of Public-Private Partnerships (PPPs); or (Wording given by Instruction Normative BCB No. 697, of 12/30/2025.)

X - modality CO - Brazilian Post and Telegraph Company - with Guarantee of the Union. (Included by Instruction Normative BCB No. 697, of 12/30/2025.)

Art. 7º The operations referred to in Art. 1º, which do not impact the annual global limit, as provided in Arts. 9º and 13 of CMN Resolution No. 4,995, of 2022, must be registered with the following modalities:

I - modality 07 - credit operations for export support, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item I;

II - modality AD - credit operations relating to definitive acquisition, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item II;

III - modality 73 – credit operations carried out by a development agency or by a development bank, provided that a portion of the PR is highlighted, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item III;

IV - modality RR – credit operations intended exclusively for restructuring or recomposition of the principal of debts contracted, within the National Financial System, by an agency or entity of a state, the Federal District, or a municipality, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item IV;

V - modality 26 – credit operations carried out with Petróleo Brasileiro S.A. (Petrobras), its subsidiaries and controlled companies, as provided in CMN Resolution No. 4,995, of 2022, Art. 13, item I;

VI - modality EL – credit operations carried out with companies of the Eletrobras group, its subsidiaries and controlled companies, as provided in CMN Resolution No. 4,995, of 2022, Art. 13, item II; or

VI - (Revoked, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

VII - modality FL – credit operations with the agencies and entities of the public sector, not subject to the global limit and not excepted in CMN Resolution No. 4,995, of 2022.

VII - modality FL – credit operations with the agencies and entities of the public sector, not subject to the global limit and not excepted in CMN Resolution No. 4,995, of 2022; (Wording given, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

VIII - modality RF - credit operations carried out within the scope of a Fiscal Recovery Regime, a Plan for the Promotion of Fiscal Equilibrium, a Restructuring and Fiscal Adjustment Program, and a Fiscal Monitoring and Transparency Program, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item V; or (Included, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

IX - modality AE - credit operations carried out with state-owned companies, as provided in CMN Resolution No. 4,995, of 2022, Art. 9º, item VI. (Included, effective 2/1/2023, by Instruction Normative BCB No. 339, of 12/23/2022.)

Art.
8º At the time of the registration referred to in Art. 1º, the number of the document proving authorization issued by the STN must be informed in the “Legal Authorization” field, except in the cases of credit operations:

I - without the guarantee of the Union, whose verification of compliance with limits and conditions, provided in Art. 32 of Complementary Law No. 101, of May 4, 2000, is made directly by the creditor financial institution, according to Art. 10 of Complementary Law No. 148, of November 25, 2014; or

II - without the guarantee of the Union, whose borrower is a state-owned company not covered by Art. 32 of Complementary Law No. 101, of 2000.

Art. 9º The registration of the operation, as well as any changes in the status of the operation, whose modalities impact the annual global limit, with or without guarantee of the Union, must necessarily contain the 4-digit numeric field “Global Limit Year”.

Sole Paragraph. The “Global Limit Year” field must not be filled in for operations whose modalities do not impact the annual global limit.

Art. 10. Records of changes in the status of the operation referring to the condition of default, or the return to the condition of compliance, of the suspended payment condition of the credit operation, including by judicial decision, of contractual amendments, of assignment or purchase of credit rights between financial institutions, as well as changes of another nature, must be made through the PDIP500 transaction, or through Document 1010.

Sole Paragraph. As provided in Art. 5º of BCB Resolution No. 196, of 2022:

I - Changes in the status of the operation referring to the registration of the condition of default, or the return to the condition of compliance, must be carried out within 3 (three) business days, counted from the date of occurrence of the event; and

II - Changes in the status of the operation referring to the condition of suspended payment of the credit operation, of contractual amendments, of assignment or purchase of credit rights between financial institutions, as well as changes of another nature, must be made by the financial institution itself within 10 (ten) business days after the occurrence of the event or after the characterization of the respective condition.

Art. 11. The registration of the settlement of the operation must be carried out within 10 business days, counted from the date of settlement of the operation, by altering the status of the operation through the PDIP500 transaction, or through Document 1010.

Art. 12. The credit operation whose suspension of payment by the borrower is formally determined by a judicial decision must have its status changed to “suspended payment”, and the following must be included in the “Reason” field:

I - the number and date of the document forwarded by the judicial authority; and

II - the number of the process and the identification of the court that determined the suspension of payment.

Sole Paragraph. The original document forwarded by the judicial authority must be kept available to the Central Bank of Brazil for a minimum period of 5 (five) years.

Art. 13. The queries regarding the values contracted with the agencies and entities of the public sector and the available limit by modality are available in the PDIP550 transaction, of Sisbacen.

Art. 14. Financial institutions and other institutions authorized to operate by the Central Bank of Brazil that contract credit operations with agencies and entities of the public sector must indicate an employee qualified to answer any questions regarding the information provided in accordance with this Instruction Normative.

Art. 15. The indications referred to in Art. 6º of BCB Resolution No. 196, of 2022, and in Art. 14 of this Instruction Normative must be registered and kept updated in the Information System on Entities of Interest of the Central Bank (Unicad).

Art. 16. Documents 1020 and 1030 are discontinued.

Art. 17. The following are revoked:

I - Circular Letter No. 3,113, of December 23, 2003;

II - Circular Letter No. 3,124, of March 15, 2004;

III - Circular Letter No. 3,222, of January 24, 2006;

IV - Circular Letter No. 3,233, of May 3, 2006;

V - Circular Letter No. 3,261, of January 4, 2007;

VI - Circular Letter No. 3,279, of June 29, 2007;

VII - Circular Letter No. 3,290, of January 2, 2008;

VIII - Circular Letter No. 3,321, of June 10, 2008;

IX - Circular Letter No. 3,394, of April 23, 2009;

X - Circular Letter No. 3,849, of December 15, 2017;

XI - Circular Letter No. 4,007, of February 21, 2020;

XII - Instruction Normative BCB No. 74, of February 3, 2021;

XIII - Instruction Normative BCB No. 84, of March 3, 2021; and

XIV - Instruction Normative BCB No. 191, of November 29, 2021.

Art. 18. This Instruction Normative BCB enters into force on September 1, 2022.

Gilneu Francisco Astolfi Vivan

Annex to Instruction Normative BCB No. 296, of August 22, 2022.

Document code and name: Document 1010 - Cadip - Registration Data.

Submission frequency: none.

Deadline for submission:

For registration of new operation: 10 (ten) business days after the contracting of the operation.

For registration of the change in the status of the operation, such as the registration of the condition of suspended payment of the credit operation, including by judicial decision, of contractual amendments, of assignment or purchase of credit rights between financial institutions, as well as changes of another nature: 10 (ten) business days after the occurrence of the event or after the characterization of the respective condition.

For changes in the status of the operation referring to the registration of the condition of default, or the return to the condition of compliance: 3 (three) business days after the characterization of the respective condition.

Unit responsible for the Custody: Department of Financial System Monitoring (Desig).

Method of submission: Electronic means.

System for submission: File Transfer System (STA), as regulated and made available on the Central Bank of Brazil website, at the address https://sta.bcb.gov.br/sta/.

Format for submission: TXT

Additional elements for submission: Manual, Layout, and other information available on the Central Bank of Brazil website, at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Director Responsible for Submission: Director responsible for Cadip – BCB Resolution No. 196, of 2022.

Director Responsible Registration: in the “Links – Inclusion – Director Responsible for Area of Activity” module of Unicad.

Registration of the Employee Indicated to Answer Questions: Resp. for information public sector operations - Res.BCB 74, in the “Links – Inclusion – Internal Audit / Ombudsman / Resp. for Sending Information” module of Unicad.

Electronic address for sending questions: cadip@bcb.gov.br.

Institutions obliged to register: Financial institutions and other institutions authorized to operate by the Central Bank of Brazil that contract operations with agencies and entities of the public sector.

TECHNICAL NOTE

The Public Sector Credit Operations Registration System (Cadip), regulated by BCB Resolution No. 196, of March 9, 2022, is an instrument for the collection of registration data and the registration of default, with the objective of allowing the monitoring of the annual global limits of credit operations carried out by financial institutions and other institutions authorized to operate by the Central Bank of Brazil with the public sector.

2. Decree No. 10,139, of November 28, 2019, establishes the obligation for agencies and entities of the direct, autarchic, and foundational federal public administration to revise and consolidate the normative acts issued within the scope of their respective competencies. This measure aims to revise, update, simplify, and consolidate normative acts, in order to rationalize the regulatory stock. Based on the cited decree, we proceeded to the consolidation, in a single BCB Instruction Normative, of the various normative acts that dealt with the registration in Cadip of credit operations carried out by financial institutions and other institutions authorized to operate by the Central Bank of Brazil with the public sector.

3. The proposed amendments aim to i) adapt the procedures for registration in Cadip of credit operations carried out by financial institutions and other institutions authorized to operate by the Central Bank of Brazil with the public sector to the new normative provisions established by BCB Resolution No. 196, of 2022; ii) include the standardized identifier of credit operations (IPOC), with the objective of allowing reconciliation with the information contained in the SCR; iii) rationalize the quantity of documents that must be sent to the BCB by the institutions (eliminating documents 1020 and 1030) given the scope of information that integrates the system in accordance with BCB Resolution No. 196, of 2022; and iv) promote wording adjustments to facilitate the understanding of the established procedures.

4. The Decree No. 10,411, of June 30, 2020, regulated the carrying out of a regulatory impact analysis (AIR) as a prerequisite for the issuance of a normative act. However, in its art. 3, § 2, said decree establishes the cases in which the elaboration of an AIR does not apply. This Instruction Normative falls under item VI of § 2 of said article, since it consolidates in a single normative act the rules on specific matters. Additionally, Decree No. 10,411, of 2020, in its article 4, establishes the hypotheses for dispensing with the carrying out of an AIR. This Instruction Normative falls under three of these hypotheses, namely: item II - normative act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives; item IV - normative act intended to update or revoke norms considered obsolete, without alteration of merit; and item VII - normative act that reduces requirements, obligations, restrictions, requests, or specifications with the objective of decreasing regulatory costs. Thus, based on items II, IV, and VII of art. 4 of Decree No. 10,411, of 2020, I understand that the issuance of this Instruction Normative dispenses with the carrying out of an AIR.

Gilneu Francisco Astolfi Vivan
Head of the Department of Monitoring of the Financial System (Desig)