Normative Instruction BCB No. 262 — Specifies and clarifies operational aspects of procedures established in Resolution BCB No. 44 for implementing measures under Law No. 13,810 regarding UN Security Council sanctions

CIRCULAR N

NORMATIVE INSTRUCTION BCB NO. 262, OF MARCH 31, 2022

Specifies and clarifies operational aspects of the procedures established in Resolution BCB No. 44, of November 24, 2020, for the execution of measures determined by Law No. 13,810, of March 8, 2019, which provides for compliance with sanctions imposed by resolutions of the United Nations Security Council, including the unavailability of assets of natural and legal persons and entities, as well as the national designation of persons investigated or accused of terrorism, its financing, or related acts.

The Head of the Institutional Service Department (Deati), using the attribution 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, and having in view the provisions of Resolution BCB No. 44, of November 24, 2020,

R E S O L V E S:

Art. 1. Institutions authorized to operate by the Central Bank of Brazil, in monitoring the determinations of asset unavailability resulting from resolutions of the United Nations Security Council (UNSC) or from its sanctions committees, as well as the information to be observed for their compliance, as provided for in art. 2 of Resolution BCB No. 44, of November 24, 2020, must follow directly and updated, including the information published on the UNSC website on the worldwide web, at the electronic address https://www.un.org/securitycouncil/.

Art. 2. The institutions mentioned in art. 1, as provided for in art. 1 of Resolution BCB No. 44, of 2020, as soon as they detect the advent of a determination of this kind or information to be observed for its compliance, in the course of the monitoring provided for in art. 2 of said Resolution, must ensure that the existence or emergence, within their scope, of assets covered by said determinations remains under verification, from then on, for the purpose of placing such assets immediately under the regime of unavailability provided for in arts. 2, item II, and 31, § 2, of Law No. 13,810, of March 8, 2019.

Art. 3. Communications from the institutions mentioned in art. 1, provided for in art. 4, item I, of Resolution BCB No. 44, of 2020, must be carried out through the BC Correio system and addressed specifically to the Deati/CSNU desk.

Art. 4. Communications from the institutions mentioned in art. 1 to the Ministry of Justice and Public Security (MJSP), provided for in arts. 4, item II, and 5 of Resolution BCB No. 44, of 2020, must be sent to the institutional e-mail address csnu@mj.gov.br.

Art. 5. The monitoring of information to be observed for the compliance with the unavailability determinations referred to in art. 1 of this Normative Instruction, as provided for in art. 2 of Resolution BCB No. 44, of 2020, covers additions to and exclusions from (de-listing and unfreezing) lists of natural persons, legal persons, entities, or assets subject to unavailability measures resulting from sanctions or determinations of the UNSC or its sanctions committees.

Art. 6. Circular Letter No. 3,977, of September 30, 2019, is hereby revoked.

Art. 7. This Normative Instruction enters into force on May 1, 2022.

Carlos Eduardo Rodrigues da Cunha Gomes

NOTE

Decree No. 10,139, of November 28, 2019, establishes the obligation for bodies and entities of the direct, autarchic, and foundational federal public administration to review and consolidate the normative acts issued within the scope of their respective competencies. This measure aims to review, update, simplify, and consolidate normative acts, in order to rationalize the regulatory stock. Based on art. 7 of the Decree, this Normative Instruction intends to update the provisions of Circular Letter No. 3,977, of September 30, 2019, which will be revoked.

2. Decree No. 10,411, of June 30, 2020, determines, in its art. 3, that the issuance, alteration, or revocation of normative acts of general interest of economic agents or users of services provided by bodies and entities of the direct, autarchic, and foundational federal public administration must be preceded by a regulatory impact analysis (RIA).

3. However, this same Decree lists, in the items of the caput of its art. 4, normative acts exempted from the aforementioned obligation, among which we highlight "normative act considered of low impact" (item III of said article).

4. Therefore, having in view that the proposed adjustments fall under the definition of low impact, according to art. 2, item II, of the same Decree, the exemption from RIA applies to the proposed Normative Instruction.

Carlos Eduardo Rodrigues da Cunha Gomes
Head of the Institutional Service Department