Normative Instruction BCB No. 419 of November 13, 2023

NORMATIVE INSTRUCTION BCB NO. 419, OF NOVEMBER 13, 2023

Amends the Layout and the Complementary Instructions regarding information on credit operations directed to emergency programs of Document 3040 - Credit Risk Data, of the Credit Information System (SCR), as provided for in Circular No. 3,870, of December 19, 2017, and Circular Letter No. 3,869, of March 19, 2018.

The Head of the Financial System Monitoring Department (Desig), using the authority conferred upon him by Article 23, item I, letter “a”, of the Internal Regulations of the Central Bank of Brazil, annexed to Resolution BCB No. 340, of September 21, 2023, based on Article 85, item I, letter “b”, of the aforementioned Regulations, in view of the provisions of Provisional Measure No. 1,189, of September 27, 2023, Circular No. 3,870, of December 19, 2017, and Circular Letter No. 3,869, of March 19, 2018,

RESOLVES:

Article 1. The new versions of the Layout and the Complementary Instructions regarding information on credit operations directed to emergency programs of Document 3040 - Credit Risk Data, available on the Central Bank of Brazil’s internet page, at the electronic address https://www.bcb.gov.br/estabilidadefinanceira/scrdoc3040, enter into force, starting from the data base of December 2023.

Article 2. The following modifications were made:

I - in the Layout of Document 3040:

a) in Annex 37 – Type of Regulatory Use:

1. inclusion of domain 08, with the description “Operations granted within the scope of the FGI PEAC Solidário RS Credit (PV No. 1,189/2023)”;

II - in the document “Complementary Instructions regarding information on credit operations directed to emergency programs”:

a) inclusion of item 13, with the description “Operations granted within the scope of the FGI PEAC Solidário RS Credit (PV No. 1,189/2023).”

Article 3. This Normative Instruction enters into force on December 1, 2023.

GILNEU FRANCISCO ASTOLFI VIVAN

NOTE

1. The Credit Information System (SCR) is a system in which credit operations of clients whose direct risk in the financial institution (sum of credit operations, interbank transfers, co-obligations, limits, and credits to be released) is equal to or greater than R$ 200.00 (two hundred reais) are registered. The SCR is managed by the Central Bank and fed monthly by financial institutions, being continuously updated in order to fulfill the functions provided for in Article 2 of CMN Resolution No. 5,037, of September 29, 2022, and in accordance with Circular No. 3,870, of 2017.

2. Provisional Measure No. 1,189, of September 27, 2023, which authorizes the Federal Executive Branch to grant economic subsidy to borrowers who suffered material losses resulting from extreme weather events that occurred in September 2023 and who are located in Municipalities of the State of Rio Grande do Sul that had a state of public calamity recognized by the Federal Executive Branch, and amends Law No. 13,999, of May 18, 2020, which instituted the National Program to Support Microenterprises and Small Businesses - Pronampe, and Law No. 14,042, of August 19, 2020, to establish a new modality of the Emergency Credit Access Program called PEAC-FGI Solidário RS, created an emergency credit line in the amount of R$200,000,000.00.

3. In view of the need to control this credit line, a specific domain is being created in the SCR that allows for the control of operations granted under the auspices of PV No. 1,189, of 2023.

4. Decree No. 10,411, of June 30, 2020, regulates the carrying out 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 exemption from carrying out RIA. This BCB NI falls within the hypotheses provided for in 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 to be of low impact.

5. In view of the need to control the operations covered by the program referred to in paragraph 2, this Autarchy has no other alternative but to request that the institutions involved in the Emergency Credit Access Program called PEAC-FGI Solidário RS send information to the Central Bank regarding this program, thus justifying the classification under item II of Article 4 of Decree No. 10,411, of 2020. Furthermore, after internal analyses, it was concluded that sending the information through the creation of a specific domain in Document 3040 is the simplest and lowest-cost implementation method, both for the institutions and for this Central Bank, which also justifies its classification under item III of Article 4 of the aforementioned Decree.

6. Thus, based on the provisions of paragraphs 4 and 5, I understand that the issuance of this BCB NI is exempt from carrying out RIA.

GILNEU FRANCISCO ASTOLFI VIVAN

Head of the Financial System Monitoring Department (Desig)