Law No. 9,613 of March 3, 1998 — Money Laundering Crimes; Prevention of Financial System Use for These Illicit Acts; Creation of COAF

Presidência da República

Casa Civil

Subchefia para Assuntos Jurídicos

LAW NO. 9,613, OF MARCH 3, 1998.

See Decree No. 2,799, of 1998

Provides for the crimes of "money laundering" or concealment of assets, rights, and values; the prevention of the use of the financial system for the illicit acts provided for in this Law; creates the Financial Activities Control Council - COAF, and gives other provisions.

THE PRESIDENT OF THE REPUBLIC I hereby inform that the National Congress decrees and I sanction the following Law:

CHAPTER I

Of the Crimes of "Money Laundering" or Concealment of Assets, Rights, and Values

Art. 1 Concealing or disguising the nature, origin, location, disposition, movement, or ownership of assets, rights, or values derived, directly or indirectly, from a criminal offense. (Wording given by Law No. 12,683, of 2012)

I - (revoked); (Wording given by Law No. 12,683, of 2012)

II - (revoked); (Wording given by Law No. 12,683, of 2012)

III - (revoked); (Wording given by Law No. 12,683, of 2012)

IV - (revoked); (Wording given by Law No. 12,683, of 2012)

V - (revoked); (Wording given by Law No. 12,683, of 2012)

VI - (revoked); (Wording given by Law No. 12,683, of 2012)

VII - (revoked); (Wording given by Law No. 12,683, of 2012)

VIII - (revoked). (Wording given by Law No. 12,683, of 2012)

Penalty: imprisonment, from 3 (three) to 10 (ten) years, and fine. (Wording given by Law No. 12,683, of 2012)

§ 1 Whoever incurs the same penalty for concealing or disguising the use of assets, rights, or values derived from a criminal offense: (Wording given by Law No. 12,683, of 2012)

I - converts them into lawful assets;

II - acquires, receives, exchanges, negotiates, gives or receives as security, keeps, holds in deposit, moves, or transfers them;

III - imports or exports goods with values not corresponding to the true ones.

§ 2 Whoever also incurs the same penalty: (Wording given by Law No. 12,683, of 2012)

I - uses, in economic or financial activity, assets, rights, or values derived from a criminal offense;

(Wording given by Law No. 12,683, of 2012)

II - participates in a group, association, or office having knowledge that its main or secondary activity is directed to the practice of crimes provided for in this Law.

§ 3 Attempt is punished in accordance with the sole paragraph of Art. 14 of the Penal Code.

§ 4 The penalty shall be increased by 1/3 (one third) to 2/3 (two thirds) if the crimes defined in this Law are committed repeatedly, through a criminal organization or by means of the use of a virtual asset. (Wording given by Law No. 14,478, of 2022) Effectiveness

§ 5 The penalty may be reduced by one to two thirds and be served in an open or semi-open regime, allowing the judge to refrain from applying it or substituting it, at any time, by restrictive penalties of rights, if the author, co-author, or participant collaborates spontaneously with the authorities, providing clarifications that lead to the investigation of criminal offenses, the identification of authors, co-authors, and participants, or the location of the assets, rights, or values subject to the crime.

(Wording given by Law No. 12,683, of 2012)

§ 6 For the investigation of the crime referred to in this article, the use of controlled action and the infiltration of agents is admitted.

(Included by Law No. 13,964, of 2019)

CHAPTER II

Special Procedural Provisions

Art. 2 The process and trial of the crimes provided for in this Law:

I – obey the provisions relating to the common procedure of crimes punishable with imprisonment, under the jurisdiction of the single judge;

II - do not depend on the process and trial of the antecedent criminal offenses, even if committed in another country, with the judge competent for the crimes provided for in this Law deciding on the unity of process and trial; (Wording given by Law No. 12,683, of 2012)

III - are under the jurisdiction of the Federal Justice:

a) when committed against the financial system and the economic-financial order, or to the detriment of assets, services, or interests of the Union, or its autonomous entities or public companies;

b) when the antecedent criminal offense is under the jurisdiction of the Federal Justice.

(Wording given by Law No. 12,683, of 2012)

§ 1 The indictment shall be accompanied by sufficient evidence of the existence of the antecedent criminal offense, and the facts provided for in this Law are punishable, even if the author is unknown or exempt from punishment, or if the punishability of the antecedent criminal offense is extinguished. (Wording given by Law No. 12,683, of 2012)

§ 2 In the process for a crime provided for in this Law, the provisions of Art. 366 of Decree-Law No. 3,689, of October 3, 1941 (Code of Criminal Procedure) do not apply, and the accused who does not appear or constitute a lawyer shall be cited by public notice, with the proceedings continuing until judgment, with the appointment of a public defender.

(Wording given by Law No. 12,683, of 2012)

Art. 3

(Revoked by Law No. 12,683, of 2012)

Art. 4 The judge, ex officio, at the request of the Public Ministry or through representation by the police delegate, heard the Public Ministry within 24 (twenty-four) hours, if there is sufficient evidence of a criminal offense, may decree precautionary measures regarding assets, rights, or values of the investigated or accused person, or existing in the name of interposed persons, that are instruments, products, or profits of the crimes provided for in this Law or of the antecedent criminal offenses. (Wording given by Law No. 12,683, of 2012)

§ 1 Anticipated alienation shall be carried out to preserve the value of the assets whenever they are subject to any degree of deterioration or depreciation, or when there is difficulty in their maintenance. (Wording given by Law No. 12,683, of 2012)

§ 2 The judge shall determine the release of all or part of the assets, rights, and values when the lawfulness of their origin is proven, maintaining the restriction of the assets, rights, and values necessary and sufficient for the repair of damages and the payment of pecuniary installments, fines, and costs arising from the criminal offense. (Wording given by Law No. 12,683, of 2012)

§ 3 No request for release shall be known without the personal appearance of the accused or of the interposed person referred to in the caput of this article, and the judge may determine the practice of acts necessary for the conservation of assets, rights, or values, without prejudice to the provisions of § 1. (Wording given by Law No. 12,683, of 2012)

§ 4 Precautionary measures may be decreed on assets, rights, or values for the repair of damage arising from the antecedent criminal offense or the one provided for in this Law or for the payment of pecuniary installment, fine, and costs. (Wording given by Law No. 12,683, of 2012)

Art. 4-A. Anticipated alienation for the preservation of the value of assets under restriction shall be decreed by the judge, ex officio, at the request of the Public Ministry or by request of the interested party, through an autonomous petition, which shall be filed separately and whose records shall proceed separately from the main process. (Included by Law No. 12,683, of 2012)

§ 1 The request for alienation shall contain the list of all other assets, with the description and specification of each of them, and information on who holds them and where they are located. (Included by Law No. 12,683, of 2012)

§ 2 The judge shall determine the evaluation of the assets, in the separate records, and notify the Public Ministry.

(Included by Law No. 12,683, of 2012)

§ 3 After the evaluation and any divergences regarding the respective report are resolved, the judge, by sentence, shall homologate the value attributed to the assets and determine that they be alienated at auction or bidding, preferably electronic, for a value not less than 75% (seventy-five percent) of the evaluation. (Included by Law No. 12,683, of 2012)

§ 4 After the auction, the amount obtained shall be deposited in an interest-bearing judicial account, adopting the following discipline: (Included by Law No. 12,683, of 2012)

I - in processes under the jurisdiction of the Federal Justice: (Wording given by Law No. 15,358, of 2026)

a) the deposits shall be made in the Federal Savings Bank or in a public financial institution, through an appropriate document for this purpose; (Included by Law No. 12,683, of 2012)

b) the deposits shall be transferred by the Federal Savings Bank or by another public financial institution to the Single Account of the National Treasury, regardless of any formality, within 24 (twenty-four) hours; and (Included by Law No. 12,683, of 2012)

c) the values returned by the Federal Savings Bank or by a public financial institution shall be debited to the Single Account of the National Treasury, in a restitution sub-account; (Included by Law No. 12,683, of 2012)

II - in processes under the jurisdiction of the State Justice and the Justice of the Federal District:

(Wording given by Law No. 15,358, of 2026)

a) the deposits shall be made in a financial institution designated by law, preferably public, of each State or, in its absence, in a public financial institution of the Union;

(Included by Law No. 12,683, of 2012)

b) the deposits shall be transferred to the single account of each State or the Federal District, in accordance with the respective legislation. (Wording given by Law No. 15,358, of 2026)

§ 5 By order of the judicial authority, the value of the deposit, after the final judgment of the sentence issued in the criminal action, shall be: (Included by Law No. 12,683, of 2012)

I - in case of a condemning sentence, in processes under the jurisdiction of the Federal Justice, incorporated definitively into the patrimony of the Union, and, in processes under the jurisdiction of the State Justice and the Justice of the Federal District, incorporated into the patrimony of the respective federative entity; (Wording given by Law No. 15,358, of 2026)

II - in case of an absolving sentence extinguishing punishability, placed at the disposal of the defendant by the financial institution, plus the remuneration of the judicial account. (Included by Law No. 12,683, of 2012)

§ 6 The depositary financial institution shall maintain control of the deposited or returned values. (Included by Law No. 12,683, of 2012)

§ 7 All taxes and fines incident on the alienated asset shall be deducted from the amount obtained at the auction, without prejudice to initiatives that, within the competence of each entity of the Federation, come to exempt assets under judicial restriction from those burdens. (Included by Law No. 12,683, of 2012)

§ 8 After the deposit referred to in § 4 of this article, the records of the alienation shall be appended to those of the main process. (Included by Law No. 12,683, of 2012)

§ 9 Appeals filed against decisions issued during the procedure provided for in this article shall have only devolutive effect. (Included by Law No. 12,683, of 2012)

§ 10. If the final judgment of a condemning criminal sentence occurs, the judge shall decree, as appropriate, in favor of the Union, the State, or the Federal District:

(Wording given by Law No. 15,358, of 2026)

I - the loss of the values deposited in the interest-bearing account and of the bail; (Included by Law No. 12,683, of 2012)

II - the loss of assets not alienated in advance and those to which no prior destination was given; and

(Included by Law No. 12,683, of 2012)

III - the loss of assets not claimed within 90 (ninety) days after the final judgment of the condemning sentence, except for the right of the injured party or third party in good faith. (Included by Law No. 12,683, of 2012)

§ 11. The assets referred to in items II and III of § 10 of this article shall be adjudicated or taken to auction, with the balance deposited in the single account of the respective entity. (Included by Law No. 12,683, of 2012)

§ 12. The judge shall determine that the competent public registry issue a document of habilitation for the circulation and use of the assets placed under the use and custody of the entities referred to in the caput of this article. (Included by Law No. 12,683, of 2012)

§ 13. The resources resulting from the advance alienation of assets, rights, and values originating from the crime of illicit drug trafficking and that have been subject to dissimulation and concealment under the terms of this Law remain subject to the discipline defined in specific legislation.

(Included by Law No. 12,683, of 2012)

Art. 4-B. The arrest warrant of persons or the precautionary measures of assets, rights, or values may be suspended by the judge, heard the Public Ministry, when their immediate execution could compromise the investigations. (Included by Law No. 12,683, of 2012)

Art. 5 When circumstances advise, the judge, heard the Public Ministry, shall appoint a qualified natural or legal person for the administration of the assets, rights, or values subject to precautionary measures, through a term of commitment. (Wording given by Law No. 12,683, of 2012)

Art. 6 The person responsible for the administration of the assets: (Wording given by Law No. 12,683, of 2012)

I - shall be entitled to remuneration, fixed by the judge, which shall be satisfied with the product of the assets subject to administration;

II - shall provide, by judicial determination, periodic information on the situation of the assets under their administration, as well as explanations and details on investments and reinvestments carried out.

Sole paragraph. The acts relating to the administration of the assets subject to precautionary measures shall be brought to the knowledge of the Public Ministry, which shall request what it deems appropriate.

(Wording given by Law No. 12,683, of 2012)

CHAPTER III

Of the Effects of Conviction

Art. 7 The effects of conviction, in addition to those provided for in the Penal Code:

I - the loss, in favor of the Union, and, in cases of jurisdiction of the State Justice or the Justice of the Federal District, in favor of the States or the Federal District, of all assets, rights, and values related, directly or indirectly, to the practice of the crimes provided for in this Law, including those used to provide bail, except for the right of the injured party or third party in good faith;

(Wording given by Law No. 15,358, of 2026)

II - the interdiction of the exercise of any public office or function and of director, member of the board of directors or management of the legal entities referred to in Art. 9, for double the time of the deprivation of liberty penalty applied.

§ 1 The Union, the States, and the Federal District, within the scope of their competences, shall regulate the form of destination of the assets, rights, and values whose loss has been declared, ensuring, regarding processes under the jurisdiction of the Federal Justice, their use by federal bodies responsible for the prevention, combat, criminal action, and trial of the crimes provided for in this Law, and, regarding processes under the jurisdiction of the State Justice and the Federal District, the preference of local bodies with identical function. (Wording given by Law No. 15,358, of 2026)

§ 2 The crime instruments without economic value whose loss in favor of the Union, the State, or the Federal District is decreed shall be destroyed or donated to a criminal museum or public entity, if there is interest in their conservation.

(Wording given by Law No. 15,358, of 2026)

CHAPTER IV

Of Assets, Rights, or Values Originating from Crimes Committed Abroad

Art. 8 The judge shall determine, in the event of the existence of an international treaty or convention and at the request of a competent foreign authority, precautionary measures on assets, rights, or values originating from crimes described in Art. 1 committed abroad. (Wording given by Law No. 12,683, of 2012)

§ 1 The provisions of this article apply, regardless of international treaty or convention, when the government of the country of the requesting authority promises reciprocity to Brazil.

§ 2 In the absence of a treaty or convention, the private assets, rights, or values subject to precautionary measures at the request of a competent foreign authority or the resources resulting from their alienation shall be shared between the requesting State and Brazil, in the proportion of half, except for the right of the injured party or third party in good faith.

(Wording given by Law No. 12,683, of 2012)

CHAPTER V (Wording given by Law No. 12,683, of 2012)

OF THE PERSONS SUBJECT TO THE CONTROL MECHANISM

(Wording given by Law No. 12,683, of 2012)

Art. 9 Natural and legal persons who have, on a permanent or occasional basis, as their main or accessory activity, cumulatively or not: (Wording given by Law No. 12,683, of 2012)

I - the capture, intermediation, and application of financial resources from third parties, in national or foreign currency;

II – the purchase and sale of foreign currency or gold as a financial asset or exchange instrument;

III - the custody, issuance, distribution, liquidation, negotiation, intermediation, or administration of securities or securities values.

Sole paragraph. The following are subject to the same obligations:

I – stock exchanges, commodity or futures exchanges, and organized over-the-counter market trading systems;

(Wording given by Law No. 12,683, of 2012)

II - insurance companies, insurance brokers, and complementary pension or capitalization entities;

III - credit card or credit card administrators, as well as consortium administrators for the acquisition of goods or services;

IV - administrators or companies that use a card or any other electronic, magnetic, or equivalent means, which allows the transfer of funds;

V - leasing companies, commercial factoring companies, and Simple Credit Companies (ESC); (Wording given by Complementary Law No. 167, of 2019)

VI - companies that, by lottery, similar method, operation of lotteries, including fixed-quota bets, or other systems of capturing bets with prize payment, carry out the distribution of money, movable goods, real estate, and other merchandise or services, as well as grant discounts on their acquisition or contracting;

(Wording given by Law No. 14,183, of 2021)

VII - branches or representations of foreign entities that exercise any of the activities listed in this article in Brazil, even if occasionally;

VIII - other entities whose operation depends on authorization from a regulator of the financial, exchange, capital, and insurance markets;

IX - natural or legal persons, national or foreign, that operate in Brazil as agents, managers, attorneys, commission agents, or in any way represent the interests of a foreign entity that exercises any of the activities referred to in this article;

X - natural or legal persons that carry out real estate promotion or purchase and sale of real estate activities;

(Wording given by Law No. 12,683, of 2012)

XI - natural or legal persons that trade jewelry, stones, and precious metals, art objects, and antiques.

XII - natural or legal persons that trade luxury or high-value goods, intermediated their trade, or carry out activities involving large volumes of cash resources; (Wording given by Law No. 12,683, of 2012)

XIII - commercial boards and public registries; (Included by Law No. 12,683, of 2012)

XIV - natural or legal persons that provide, even if occasionally, advisory, consulting, accounting, auditing, counseling, or assistance services, of any nature, in operations: (Included by Law No. 12,683, of 2012)

a) of purchase and sale of real estate, commercial or industrial establishments, or corporate participations of any nature; (Included by Law No. 12,683, of 2012)

b) of management of funds, securities, or other assets; (Included by Law No. 12,683, of 2012)

c) of opening or management of bank, savings, investment, or securities accounts; (Included by Law No. 12,683, of 2012)

d) of creation, operation, or management of companies of any nature, foundations, trust funds, or analogous structures; (Included by Law No. 12,683, of 2012)

e) financial, corporate, or real estate; and (Included by Law No. 12,683, of 2012)

f) of alienation or acquisition of rights related to contracts involving professional sports or artistic activities; (Included by Law No. 12,683, of 2012)

XV - natural or legal persons that act in the promotion, intermediation, commercialization, agency, or negotiation of transfer rights of athletes, artists, fairs, exhibitions, or similar events; (Included by Law No. 12,683, of 2012)

XVI - transport and guard companies for values; (Included by Law No. 12,683, of 2012)

XVII - natural or legal persons that trade high-value goods of rural or animal origin or intermediated their commercialization; and (Included by Law No. 12,683, of 2012)

XVIII - the dependencies abroad of the entities mentioned in this article, through their headquarters in Brazil, regarding residents in the Country. (Included by Law No. 12,683, of 2012)

XIX - virtual asset service providers.

(Included by Law No. 14,478, of 2022) Effectiveness

CHAPTER VI

Of Client Identification and Record Keeping

Art. 10. The persons referred to in Art. 9:

I - shall identify their clients and maintain an updated registry, in accordance with instructions issued by competent authorities;

II - shall keep a record of every transaction in national or foreign currency, securities and securities values, credit instruments, metals, virtual assets, or any asset capable of being converted into money, that exceeds the limit fixed by the competent authority and in accordance with instructions issued by it;

(Wording given by Law No. 14,478, of 2022) Effectiveness

III - shall adopt policies, procedures, and internal controls, compatible with their size and volume of operations, that allow them to comply with the provisions of this article and Art. 11, as regulated by competent bodies; (Wording given by Law No. 12,683, of 2012)

IV - shall register and keep their registry updated with the regulator or supervisor and, in the absence thereof, with the Financial Activities Control Council (COAF), in the form and conditions established by them; (Included by Law No. 12,683, of 2012)

V - shall comply with the requests made by COAF in the periodicity, form, and conditions established by it, with it being incumbent upon them to preserve, in accordance with the law, the confidentiality of the information provided.

(Included by Law No. 12,683, of 2012)

§ 1 In the event that the client is a legal entity, the identification referred to in item I of this article shall cover the natural persons authorized to represent it, as well as their owners.

§ 2 The registries and records referred to in items I and II of this article shall be preserved for a minimum period of five years from the closing of the account or the conclusion of the transaction, a period that may be extended by the competent authority.

§ 3 The record referred to in item II of this article shall also be made when the natural or legal person, its related entities, has carried out, in the same calendar month, operations with the same person, conglomerate, or group that, collectively, exceed the limit fixed by the competent authority.

Art. 10-A. The Central Bank shall maintain a centralized registry forming the general registry of account holders and clients of financial institutions, as well as their attorneys. (Included by Law No. 10,701, of 2003)

CHAPTER VII

Of Communication of Financial Operations

Art. 11. The persons referred to in Art. 9:

I - they shall pay special attention to operations that, in accordance with instructions issued by the competent authorities, may constitute serious evidence of the crimes provided for in this Law, or be related to them;

II - they must report to COAF, refraining from informing any person, including the person to whom the information refers, within 24 (twenty-four) hours, of the proposal or execution: (Wording given by Law No. 12,683, of 2012)

a) of all transactions referred to in item II of art. 10, accompanied by the identification referred to in item I of the aforementioned article; and (Wording given by Law No. 12,683, of 2012)

b) of the operations referred to in item I;

(Wording given by Law No. 12,683, of 2012)

III - they must report to the regulatory or supervisory body of their activity or, in its absence, to COAF, in the periodicity, form and conditions established by them, the non-occurrence of proposals, transactions or operations that may be reported in accordance with item II.

(Included by Law No. 12,683, of 2012)

§ 1º The competent authorities, in the instructions referred to in item I of this article, will prepare a list of operations that, due to their characteristics, with respect to the parties involved, values, method of execution, instruments used, or due to the lack of economic or legal basis, may configure the hypothesis provided for therein.

§ 2º The communications made in good faith, in the manner provided for in this article, will not entail civil or administrative liability.

§ 3º COAF will make available the communications received based on item II of the main text to the respective bodies responsible for the regulation or supervision of the persons referred to in art. 9.

(Wording given by Law No. 12,683, of 2012)

Art. 11-A. International transfers and cash withdrawals must be previously reported to the financial institution, in accordance with the terms, limits, deadlines and conditions established by the Central Bank of Brazil. (Included by Law No. 12,683, of 2012)

CHAPTER VIII

Of Administrative Liability

Art. 12. To the persons referred to in art. 9, as well as to the administrators of legal entities, who fail to comply with the obligations provided for in arts. 10 and 11, the following sanctions will be applied, cumulatively or not, by the competent authorities:

I - warning;

II - variable pecuniary fine not exceeding: (Wording given by Law No. 12,683, of 2012)

a) double the value of the operation; (Included by Law No. 12,683, of 2012)

b) double the actual profit obtained or presumptively obtained by the execution of the operation; or (Included by Law No. 12,683, of 2012)

c) the value of R$ 20,000,000.00 (twenty million reais); (Included by Law No. 12,683, of 2012)

III - temporary disqualification, for a period of up to ten years, from holding the position of administrator of the legal entities referred to in art. 9;

IV - revocation or suspension of authorization to exercise activity, operation or business. (Wording given by Law No. 12,683, of 2012)

§ 1º The penalty of warning will be applied for irregularity in compliance with the instructions referred to in items I and II of art. 10.

§ 2º The fine will be applied whenever the persons referred to in art. 9, due to fault or intent: (Wording given by Law No. 12,683, of 2012)

I – fail to remedy the irregularities subject to warning, within the deadline set by the competent authority;

II - fail to comply with the provisions of items I to IV of art. 10; (Wording given by Law No. 12,683, of 2012)

III - fail to comply, within the established deadline, with the request made in accordance with item V of art. 10;

(Wording given by Law No. 12,683, of 2012)

IV - fail to comply with the prohibition or fail to make the communication referred to in art. 11.

§ 3º Temporary disqualification will be applied when serious infractions regarding compliance with the obligations contained in this Law are verified, or when specific recidivism occurs, duly characterized in transgressions previously punished with a fine.

§ 4º Revocation of authorization will be applied in cases of specific recidivism of infractions previously punished with the penalty provided for in item III of the main text of this article.

Art. 12-A. An act of the Federal Executive Power will regulate the discipline and functioning of the National Register of Politically Exposed Persons (CNPEP), made available by the Transparency Portal.

(Included by Law No. 14,478, of 2022) Validity

§ 1º The bodies and entities of any branch of the Union, States, Federal District and Municipalities must send updated information to the CNPEP manager, in the form and periodicity defined in the regulation referred to in the main text of this article, about their members or former members classified as politically exposed persons (PEPs) in current legislation and regulation.

(Included by Law No. 14,478, of 2022) Validity

§ 2º The persons referred to in art. 9 of this Law will include consultation of the CNPEP among their procedures to comply with the obligations provided for in arts. 10 and 11 of this Law, without prejudice to other diligence required in accordance with the legislation.

(Included by Law No. 14,478, of 2022) Validity

§ 3º The CNPEP managing body will indicate in active transparency, via the internet, bodies and entities that fail to comply with the obligation provided for in § 1 of this article.

(Included by Law No. 14,478, of 2022) Validity

Art. 13.

(Revoked by Law No. 13,974, of 2020)

CHAPTER IX

Of the Financial Activities Control Council

Art. 14. Within the Ministry of Finance, the Financial Activities Control Council - COAF, is created, with the purpose of regulating, applying administrative penalties, receiving, examining and identifying suspicious occurrences of illicit activities provided for in this Law, without prejudice to the competence of other bodies and entities.

§ 1º The instructions referred to in art. 10 intended for the persons mentioned in art. 9, for whom there is no own supervisory or regulatory body, will be issued by COAF, with the responsibility, for these cases, of defining the persons covered and applying the sanctions listed in art. 12.

§ 2º COAF must also coordinate and propose mechanisms of cooperation and information exchange that enable fast and efficient actions to combat the concealment or dissimulation of assets, rights and values.

§ 3º COAF may request from bodies of the Public Administration the bank and financial registration data of persons involved in suspicious activities. (Included by Law No. 10,701, of 2003)

Art. 15. COAF will communicate to the competent authorities to initiate the appropriate procedures, when it concludes that there are crimes provided for in this Law, well-founded indications of their practice, or any other illicit act.

Art. 16. (Revoked by Law No. 13,974, of 2020)

Art. 17.

(Revoked by Law No. 13,974, of 2020)

CHAPTER X (Included by Law No. 12,683, of 2012)

GENERAL PROVISIONS

(Included by Law No. 12,683, of 2012)

Art. 17-A. The provisions of

Decree-Law No. 3,689, of October 3, 1941 (Code of Criminal Procedure), apply subsidiarily, insofar as they are not incompatible with this Law. (Included by Law No. 12,683, of 2012)

Art. 17-B. The police authority and the Public Ministry will have access, exclusively, to the registration data of the investigated person that inform personal qualification, parentage and address, regardless of judicial authorization, maintained by the Electoral Court, by telephone companies, by financial institutions, by internet providers and by credit card administrators. (Included by Law No. 12,683, of 2012)

Art. 17-C. The forwarding of financial and tax institutions in response to judicial orders of breaking or transfer of secrecy must be, whenever determined, in computer media, and presented in files that allow the migration of information to the case files without re-typing. (Included by Law No. 12,683, of 2012)

Art. 17-D. In the case of indictment of a public servant, he will be removed, without prejudice to remuneration and other rights provided by law, until the competent judge authorizes, in a reasoned decision, his return. (Included by Law No. 12,683, of 2012)

(See ADIN 4911)

Art. 17-E. The Secretariat of the Federal Revenue of Brazil will keep the tax data of taxpayers for a minimum period of 5 (five) years, counted from the beginning of the exercise following that of the respective income declaration or that of the payment of the tax. (Included by Law No. 12,683, of 2012)

Art. 17-F.

(Included by Provisional Measure No. 1,158, of 2023) Expired validity

Art. 18. This Law enters into force on the date of its publication.

Brasília, March 3, 1998; 177th of Independence and 110th of the Republic.

FERNANDO HENRIQUE CARDOSO

Iris Rezende Luiz Felipe Lampreia Pedro Malan

This text does not replace that published in the DOU of 4.3.1998

*