Instruction Normative BCB No. 339 of December 23, 2022

Resolution No. 222

INSTRUCTION NORMATIVE BCB NO. 339, OF DECEMBER 23, 2022

Amends
Instruction Normative BCB No. 296, of August 22, 2022, which consolidates the instructions for the registration of operations in the Credit Operations Registration System with the Public Sector (Cadip), and amends the Cadip Manual.

The Head of the Department of Monitoring of the Financial System (Desig), acting in the capacity of substitute, in the exercise of the authority conferred upon him by art. 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, based on art. 77, items III and IV, of the aforementioned Regulations, and having in view the provisions of CMN Resolutions Nos. 4,940, of August 26, 2021, 4,995, of March 24, 2022, 4,996, of March 24, 2022, 5,054, of December 15, 2022, and 5,059, of December 16, 2022, and of BCB Resolution No. 196, of March 9, 2022,

R E S O L V E :

Art. 1º It enters into force, as of January 2, 2023, the new version of the Manual of the Credit Operations Registration System with the Public Sector (Cadip Manual), available on the Central Bank of Brazil’s website on the internet, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/setorpublicolimitecredito, with the following modifications:

I - alteration in Table 1: limits defined in CMN Resolution No. 4,995, of March 24, 2022; and

II - in Chapter 6 – Cadip Registration System:

a) alteration of item 6.4.2D3: modalities available for registration of new operations;

b) inclusion of item 6.9.7 – operations with state-owned companies that meet the requirements of item VI, art. 9º, of CMN Resolution No. 4,995, of March 24, 2022.

Art. 2º Instruction Normative BCB No. 296, of August 22, 2022, enters into force with the following alterations:

“Art.
6º ............................................................................................................

.........................................................................................................................

IV

• modality AM - operations referred to in CMN Resolution No. 4,995, of 2022, art. 8º, § 1º - Without guarantee of the Union, for bodies and entities of the Union;

V

• modality UG - credit operations with guarantee of the Union carried out with Empresa Brasileira de Participações em Energia Nuclear e Binacional S/A – ENBPar, exclusively for the implementation of the Angra 3 Nuclear Power Plant; or

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.” (NR)

“Art.
7º
............................................................................................................

.........................................................................................................................

VII

• modality FL – credit operations with bodies and entities of the public sector, not subject to the global limit and not exceptionalized in CMN Resolution No. 4,995, of 2022;

VIII

• modality RF - credit operations carried out within the scope of Fiscal Recovery Regime, Plan for the Promotion of Fiscal Balance, Program for Restructuring and Fiscal Adjustment, and Program for Monitoring and Fiscal Transparency, as provided for in CMN Resolution No. 4,995, of 2022, art. 9º, item V; or

IX

• modality AE - credit operations carried out with state-owned companies, as provided for in CMN Resolution No. 4,995, of 2022, art. 9º, item VI.” (NR)

Art. 3º The following provisions of Instruction Normative BCB No. 296, of 2022, are revoked:

I - item III of art.
6º; and

II - item VI of art.
7º.

Art. 4º This Instruction Normative BCB enters into force on January 2, 2023.

Andre Luiz Caccavo Miguel

NOTE

The Credit Operations Registration System with the Public Sector (Cadip), regulated by BCB Resolution No. 196, of March 9, 2022, is an instrument for capturing registration information and registering delinquency 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, whereby Instruction Normative BCB (IN BCB) No. 296, of August 22, 2022, presents, in a synthetic manner, the procedures necessary for the registration of these operations in Cadip.

2.             With  
   

the objective of adapting IN BCB No. 296, of 2022, and Cadip, from the normative and operational points of view, respectively, to the changes made in CMN Resolution No. 4,995, of March 24, 2022, by CMN Resolutions Nos. 5,054, of December 15, 2022, and 5,059, of December 16, 2022, the present IN BCB promotes the following adjustments:

I - in the Cadip manual:

i) alteration of the table of limits defined in CMN Resolution No. 4,995, of March 24, 2022; and

ii) alteration and inclusion of item in
chapter 6.

II - in IN BCB No. 296, of 2022:

i) inclusion of modalities UG and US, to register credit operations carried out with Empresa Brasileira de Participações em Energia Nuclear e Binacional S/A – ENBPar, exclusively for the implementation of the Angra 3 Nuclear Power Plant, with and without guarantee of the Union, respectively;

ii) inclusion of modality RF, to register credit operations carried out within the scope of Fiscal Recovery Regime, Plan for the Promotion of Fiscal Balance, Program for Restructuring and Fiscal Adjustment, and Program for Monitoring and Fiscal Transparency;

iii) alteration of modality AE of
article 6º (operations that impact the annual global limit) to article 7º
(operations that do not impact the annual global limit), given that credit operations carried out with state-owned companies, as provided for in CMN Resolution No. 4,995, of 2022, art. 9º, item VI, ceased to impact the value of the annual global limit; and

iv) exclusion of modality EL, given that credit operations carried out with companies of the Eletrobras group, its subsidiaries and controlled companies, should no longer be registered in Cadip.

3.          The Decree  
   

No. 10,411, of June 30, 2020, regulated the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of normative acts.
However, in its art. 4º, it establishes the hypotheses for exemption from carrying out AIR. The present Instruction Normative falls under the hypotheses of items II and III, namely: 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; and III - normative act considered of low impact. Thus, based on items II and III of art. 4º of Decree No. 10,411, of 2020, I understand that the issuance of the present Instruction Normative exempts the carrying out of AIR.

Andre Luiz Caccavo Miguel
Head of the Department of Monitoring of the Financial System (Desig), substitute