NORMATIVE INSTRUCTION BCB NO. 380, OF MAY 15, 2023

Consolidates the procedures for providing information to the Central Bank of Brazil regarding movements in real accounts held by embassies, consular offices, or representations of international organizations recognized by the Brazilian Government, as provided for in Resolution BCB No. 277, of December 31, 2022.

The Head of the Department of Financial System Monitoring (Desig) and the Head of the Prudential and Exchange Regulation Department (Dereg), in exercise of the powers conferred upon them by Articles 23, item I, letter “a”, 77, items III and IV, and 118, items II, letter “a”, and IV, of the Internal Regulations of the Central Bank of Brazil, annexed to Ordinance No. 84,287, of February 27, 2015, and having regard to the provisions of Resolution BCB No. 277, of December 31, 2022,

RESOLVE:

Art. 1. This Normative Instruction deals with the submission of information to the Central Bank of Brazil regarding movements of value equal to or greater than R$10,000.00 (ten thousand reais) in real accounts held by embassies, consular offices, or representations of international organizations recognized by the Brazilian Government, as provided for in item (3) of Annex II to Resolution BCB No. 277, of December 31, 2022.

Art. 2. The information referred to in Art. 1 must be sent via message CAM0101 or file ACAM209, in accordance with the Annex to this Normative Instruction.

§ 1. The submission of the information referred to in the main text must be carried out monthly, by the fifth day of the month following the month of the movement, as provided for in Art. 80 of Resolution BCB No. 277, of 2022.

§ 2. The information referred to in the main text must be aggregated by account holder and must be sent by the depository bank of the funds.

§ 3. The layouts of the message and file referred to in the main text and the filling instructions can be accessed on the Central Bank of Brazil’s website at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/sistemas.

Art. 3. In the aggregated information provision by account holder referred to in Art. 2, the following information from message CAM0101 or file ACAM209 must be provided as follows:

I - TIR Event Date: last business day of the period to which the aggregated movements refer;

II - National Currency Value: sum of credit movements or sum of debit movements of the account of the entity mentioned in Art. 1;

III - Payer or Payee Group Country with RFB Registration: Information on the depository bank of the funds and the account holder of the entity mentioned in Art. 1;

IV - Nature Fact Code: appropriate code for “Diverse Services – Government Revenues and Expenses”;

V - Payer or Payee Exterior Nature Code: “67”; and

VI - Nature Group Code: “67”.

Art. 4. Institutions authorized to operate in the foreign exchange market must indicate an employee qualified to answer any questions regarding the information provided in accordance with this Normative Instruction.

Sole Paragraph. The indication referred to in the main text must be registered and kept updated in the Information System on Entities of Interest to the Central Bank (Unicad), as provided for in Resolution BCB No. 209, of March 22, 2022.

Art. 5. Normative Instruction BCB No. 13, of September 3, 2020, is hereby revoked.

Art. 6. This Normative Instruction enters into force on June 1, 2023.

Gilneu Francisco Astolfi Vivan Ricardo Franco Moura Head of Desig Head of Dereg

Annex to Normative Instruction BCB No. 380, of May 15, 2023

Encoding and characteristics of documents:

Document/message code: ACAM209 (file); CAM0101 (message).

Document/message name:

C209 - Consolidated submission – Record of movements of non-resident real accounts (ACAM209 file);

CAM0101 - FI informs TIR in counterpart to payer or payee in the country.

Submission frequency: Occasional.

Deadline for submission: By the 5th day of the month following the month in which the movement in a non-resident real account subject to information provision was effectively carried out.

Assessment base date: Occasional.

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

Submission method: Electronic means.

System for submission

ACAM209 File: File Transfer System (STA), as regulated and made available on the website of this Autarchy, at the address https://www.bcb.gov.br/acessoinformacao/sistematransferenciaarquivos.

CAM0101 Message: Information available at https://www.bcb.gov.br/estabilidadefinanceira/comunicacaodados.

Submission format: XML (eXtensible Markup Language).

Submission validation: Anticipated.

Submission Validation Schema: XSD (XML Schema Definition).

Additional elements for submission: Available on the Central Bank of Brazil’s website at the addresses https://www.bcb.gov.br/estabilidadefinanceira/leiautedocumentoscrd, https://www.bcb.gov.br/estabilidadefinanceira/sistemas and https://www.bcb.gov.br/estabilidadefinanceira/comunicacaodados.

Director Responsible for Submission: Director responsible for foreign exchange market operations-ResBCB277.

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

Registration of Employee Designated to Answer Questions: In the “Links – Inclusion – Internal Audit / Ombudsman / Resp. for Info Submission” module of Unicad.

Electronic Address for Resolving Doubts about Filling and Submission of the Document: arquivos.cambio@bcb.gov.br.

Institutions obliged to submit: Institutions authorized to operate in the foreign exchange market in accordance with Art. 29 of Resolution BCB No. 277, of December 31, 2022.

NOTE

1. The provision of information to the Central Bank of Brazil (BCB) by institutions maintaining accounts for non-residents in reais is provided for in Art. 80 of Resolution BCB No. 277, of December 31, 2022. In accordance with item (3) of Annex II of the aforementioned BCB Resolution, information must be sent to the BCB regarding the total monthly value of credits and the total monthly value of debits of movements equal to or greater than R$10,000.00 (ten thousand reais) of accounts held by embassies, consular offices, or international organizations recognized by the Brazilian Government.

2. The issuance of this Normative Instruction results from the entry into force, on December 31, 2022, of Law No. 14.286, of December 29, 2021, which provides for the Brazilian foreign exchange market, Brazilian capital abroad, foreign capital in the Country, and the provision of information to the BCB, and its subordinate regulation, highlighting Resolution BCB No. 277, of 2022, which regulates Law No. 14.286, of 2021, regarding the foreign exchange market and the entry into and exit from the Country of values in reais and foreign currency.

3. Due to the entry into force of the new foreign exchange market legislation, this Normative Instruction revises the text of the previous regulatory act (Normative Instruction BCB No. 13, of September 3, 2020) by updating references to the commands of the current regulation and bringing some additional adjustments with the purpose of standardizing and bringing greater clarity to the wording.

4. Decree No. 10.411, of June 30, 2020, regulated the carrying out of regulatory impact analysis (AIR) as a prerequisite for the issuance of a regulatory act. However, in its Article 4, the Decree establishes the hypotheses for dispensing with the carrying out of AIR. This Normative Instruction falls under three of these hypotheses, namely: item II - regulatory act intended to discipline rights or obligations defined in a hierarchically superior norm that does not allow, technically or legally, different regulatory alternatives; item III - regulatory act considered low impact; and item IV - regulatory act intended to update or revoke norms considered obsolete, without change of merit. Thus, based on items II, III, and IV of Art. 4 of Decree No. 10.411, of 2020, we understand that the issuance of this Normative Instruction dispenses with the carrying out of AIR.

Gilneu Francisco Astolfi Vivan Ricardo Franco Moura Head of Desig Head of Dereg