2024-04-02 | Instrução Normativa BCB 461Added
This instruction amends Circular Letter BCB No. 4,001 by adding specific situations related to the first acquisition of gold and the general gold market that may constitute indicators of money laundering or concealment of assets under Law No. 9,613. The amendments introduce detailed criteria for gold sales, including cash payments, third-party payments, lack of mining titles, illegal deforestation links, and discrepancies with ANM records, as well as market-wide indicators such as atypical cash transactions, incompatibility with client financial capacity, transaction fragmentation, and invoice divergences. These changes apply to financial institutions and other entities subject to the Central Bank of Brazil's supervision and take effect upon publication.
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The Head of the Department of Conduct Supervision (Decon), using the attribution granted to her by Art. 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,
R E S O L V E S:
Art. 1º Circular Letter BCB No. 4,001, of January 29, 2020, shall henceforth appear with the following alterations:
“Art. 1º ............................................................................................................................................................................
XVIII - situations related to the first acquisition of gold:
a) proposal for the sale of gold with payment in cash;
b) proposal for the sale of gold with payment to a third party;
c) proposal for the sale of gold without indication of the origin mining title or with indication of an inactive mining title;
d) proposal for the sale of gold originating from areas with mining titles for extraction through Small-Scale Mining Permission (PLG), with indication of origin without signs of mineral extraction, or mining incompatible with declared productive capacity;
e) sale or proposal for the sale of gold originating from areas characterized by high rates of illegal deforestation;
f) proposal for the sale of gold with resistance in providing information regarding the origin of the product;
g) proposal for the sale of gold without the seller being identified in the authorization document for the transport of gold issued by the holder of the mining right of the producer of the substance, in accordance with § 1º of Art. 38 of Law No. 12,844, of July 19, 2013;
h) sale or proposal for the sale of gold containing signs of documentary falsity;
i) proposal for the sale of gold with information incompatible with the data of the mining title registered in the Mining Registry of the National Mining Agency (ANM);
j) proposal for the sale of gold in an auriferous region different from that authorized for the mining title of the producer of the substance, according to data from the Mining Registry of the ANM;
XIX - situations related to the gold market in general:
a) sale or purchase of gold with cash resources, which present atypicality in relation to the client’s economic activity or incompatibility with their financial capacity;
b) sale or purchase of gold incompatible with the client’s assets, economic activity, professional occupation, and financial capacity;
c) fragmentation of gold sale operations to circumvent regulatory or operational limits;
d) sale or proposal for the sale of gold containing information about the quality, composition, purity, or any other characteristic of the substance sold divergent from the description contained in the invoice of the operation.
..................................................................” (NR)
Art. 2º This Normative Instruction enters into force on the date of its publication.
JULIANA MOZACHI SANDRI
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Source: Banco Central do Brasil — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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