Normative Instruction BCB No. 264, of March 31, 2022

Amends and consolidates procedures to be observed in the remittance of information relating to external resource mobilization.

The Head of the Department of Financial System Monitoring (Desig), in the exercise of the authority conferred by Article 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 Article 77, item III, of the aforementioned Regulations, and having in view the provisions of BCB Resolution No. 193, of February 23, 2022,

R E S O L V E:

Art. 1º The remittance of the information referred to in Article 1 of BCB Resolution No. 193, of February 23, 2022, must be carried out by means of document code 2300 - External Resource Mobilization, in accordance with the annex to this Normative Instruction.

Sole Paragraph. The information necessary for the preparation of the document indicated in the caput is available on the Central Bank of Brazil’s website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Art. 2º In accordance with Article 2 of BCB Resolution No. 193, of 2022, the information referred to in Article 1 comprises:

I - resource mobilization operations;

II - principal repayment; and

III - stock of mobilizations.

Art. 3º The information referred to in Article 2 must encompass, at a minimum, the following types of mobilization:

I - withdrawals from credit lines abroad;

II - disbursements of external loans and financing; and

III - mobilizations backed by the issuance of securities in the external market.

§ 1º The information referred to in the caput must cover operations carried out by institutions that are part of the same prudential conglomerate, in accordance with the Accounting Standard for Institutions Regulated by the Central Bank of Brazil (Cosif), including all its branches and subsidiaries abroad.

§ 2º Mobilizations backed by securities acquired by natural persons or by non-financial entities that are clients of the institution itself, without intermediation or issuance of the mobilization instrument in the financial market, must not be included in the information referred to in item III.

Art. 4º The information referred to in items I and II of Article 2 must be:

I - calculated daily, whenever there is resource mobilization or principal repayment; and

II - remitted by the fifth business day following the calculation date.

Sole Paragraph. The remittance of a single file containing information calculated on different days is admitted, provided that the 5 (five) business day deadline is respected relative to the oldest calculation date.

Art. 5º The information referred to in item III of Article 2 must be:

I - calculated monthly, with the last day of each month as the reference date; and

II - remitted by the 10th business day following the reference date.

Art. 6º Document code 2300 must present, at a minimum, the following content:

I - when there is mobilization:

a) date of mobilization;

b) identification and country of the debtor;

c) identification of the creditor;

d) information on whether the debtor and creditor belong to the same prudential conglomerate;

e) information on whether the debtor and creditor belong to the same financial group;

f) currency and value of the mobilization;

g) indicator of mobilization without principal maturity;

h) value(s) and expected date(s) for principal repayment;

i) type of interest rate applicable and spread, if any;

j) total cost on the date of mobilization;

k) source and destination of the resources; and

l) Cosif account used to register the mobilization.

II - when there is principal repayment:

a) date of payment;

b) mobilization number; and

c) value and expected maturity date of the payment.

III - when there is stock on the last day of the month:

a) date of the stock;

b) identification of the debtor; and

c) currency and value of the principal stock.

Art. 7º As provided in Article 4 of BCB Resolution No. 193, of 2022, the information must be calculated on an individualized basis per institution, and document code 2300 must be remitted:

I - by the lead institution of each conglomerate, regarding the institutions that are part of the conglomerate;

II - by cooperative banks, confederations constituted by central credit cooperatives or central credit cooperatives, regarding the cooperatives that are part of systems organized in three or two levels; and

III - by financial institutions and other institutions authorized to operate by the Central Bank of Brazil that do not belong to conglomerates, and by cooperatives that are not part of organized cooperative systems of three or two levels.

Art. 8º Institutions subject to the remittance of information referred to in this Normative Instruction must indicate an employee qualified to respond to any inquiries regarding the submission of the information provided in accordance with this Normative Instruction.

Sole Paragraph. The indication referred to in the caput must be registered and kept updated in the Central Bank of Brazil’s registration information system.

Art. 9º Payment institutions are obligated to remit the information referred to in this Normative Instruction starting from October 1, 2022, in accordance with BCB Resolution No. 193, of 2022.

Art. 10. The following are revoked:

I - Circular Letter No. 3,701, of April 8, 2015;

II - Circular Letter No. 3,712, of June 22, 2015;

III - Circular Letter No. 3,764, of April 13, 2016;

IV - Circular Letter No. 3,901, of August 15, 2018; and

V - Normative Instruction BCB No. 211, of December 21, 2021.

Art. 11. This Normative Instruction enters into force on May 1, 2022.

Gilneu Francisco Astolfi Vivan

ANNEX TO NORMATIVE INSTRUCTION BCB No. 264, OF MARCH 31, 2022

Document coding and its other characteristics

Document code: 2300.

Document name: External Resource Mobilization.

Remittance frequency: - daily: whenever there is mobilization and/or principal repayment; and

• monthly, relative to the last day of the month: whenever there is principal stock. If any mobilization and/or principal repayment occurs on the last day of the month, this information must be included in the document together with the principal stock.

Deadline for remittance: - by the fifth business day following the corresponding reference date, for mobilization and principal repayment information; and

• by the 10th business day following the corresponding reference date, for information regarding the monthly principal stock.

Unit responsible for curation: Desig.

Method of remittance: electronic means.

System for remittance: File Transfer System (STA), in accordance with Circular Letter No. 3,588, of March 18, 2013, available on the Central Bank of Brazil’s website, at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos.

Format for remittance: XML (eXtensible Markup Language).

Remittance validation: advanced.

Remittance validation schema: XSD (XML Schema Definition).

Additional elements for remittance: layout, in XML format; models, in Excel format; XSD validation schemas; and filling instructions available on the Central Bank of Brazil’s website, at the address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd.

Director responsible for preparation and remittance: indicated in accordance with Article 1 of Circular No. 3,504, of August 6, 2010.

Registration of the director responsible for preparation and remittance: in the “Links - Inclusion - Director Responsible for Area of Activity” module of Unicad.

Registration of the employee indicated to respond to inquiries: in the “Links - Inclusion - Responsible for Information Submission” module of Unicad.

Electronic address for resolving doubts regarding remittance and document completion: dicam.corac.desig@bcb.gov.br.

NOTE

Document code 2300 - External Resource Mobilization aims to collect daily and monthly information that allows for the monitoring of resource mobilizations, with creditors located abroad, carried out by institutions authorized to operate by the Central Bank of Brazil and other participants in prudential conglomerates, as well as by their branches located in Brazil and abroad. The information also enables the monitoring of financing sources and the liquidity of financial institutions, as well as the tracking of the flow of resources between the Country and abroad. The content of the document comprises resource mobilization operations, principal repayment, and the stock of external mobilizations.

2. Decree No. 10,139, of November 28, 2019, establishes the obligation for federal direct, autarchic, and foundational administrative bodies and entities to review and consolidate 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 the aforementioned decree, we proceeded to consolidate, in a single Normative Instruction, the various norms that address the subject.

3. With the issuance of this Normative Instruction and regarding the daily remittance of information, institutions are provided with the possibility of sending a file containing information calculated on different days, provided that the 5 (five) business day deadline is respected relative to the oldest information. This is a convenience that will allow institutions, if they so wish, to generate a single file instead of generating daily files, as is done today, which represents an economy in the processing time of information for the generation of the document and in the costs of remitting these files. It is emphasized that the new version of the Filling Instructions with this alteration is available on the Central Bank of Brazil’s website, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd

4. 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 dispensing with the RIA. This BCB IN falls under two of these hypotheses, namely: items 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 IV - normative act that aims to update or revoke norms considered obsolete, without alteration of merit. Thus, based on items II and IV of Article 4 of Decree No. 10,411, of 2020, I understand that the issuance of this BCB IN dispenses with the RIA.

Gilneu Francisco Astolfi Vivan

Head of the Department of Financial System Monitoring (Desig)