Resolution BCB No. 124 — Establishes Procedures for Public Entities' Access to the National Financial System Client Register (CCS) and Publishes Regulation for Interested Parties' Adherence — BCB — BR

RESOLUTION
BCB NO. 124, OF AUGUST 5, 2021

Establishes procedures for public entities' access to the National Financial System Client Register (CCS) and publishes Regulation for interested parties' adherence.

The Collegiate Board of the Central Bank of Brazil, in a session held on August 5, 2021, based on Article 10-A of Law No. 9,613, of March 3, 1998, and Decree No. 10,046, of October 9, 2019, and taking into account item II of Article 2 of Circular No. 3,347, of April 11, 2007, and the Regulation attached to Circular No. 3,913, of September 5, 2018, as well as Article 31 of Law No. 12,527, of November 18, 2011, and Law No. 13,709, of August 14, 2018,

R E S O L V E:

Article 1. A procedure for public entities' access to the National Financial System Client Register (CCS) is established, observing the eligibility criteria and hypotheses provided by law.

Article 2. Direct access to CCS information will follow the rules and conditions established in the Regulation published in Annex I of this Resolution and may only be granted to public entities with legal duties of criminal prosecution, control, or investigation of irregularities involving the holder of the information.

§ 1. Adherence to the Regulation referred to in the caput is a mandatory condition for interested public entities to access the CCS.

§ 2. Adherence to the Regulation referred to in the caput may be admitted by other public entities, provided that access to the CCS is compatible with their legal duties, as evaluated by the Office of the Attorney General of the Central Bank (PGBC), and considered feasible by the CCS custodian unit within the Central Bank of Brazil.

§ 3. Agreements, conventions, and other information-sharing instruments containing CCS information signed by the date of publication of this Resolution remain valid, observing the validity periods established therein.

§ 4. Any extension of CCS access beyond the validity periods of the agreements, conventions, and other instruments indicated in § 3 will be carried out, preferably, in the form of this Resolution.

Article 3. Public entities' access to CCS information must be requested through the submission of an administrative request and an adherence term, observing the models published in Annexes II and III of this Resolution, in which the interested party assumes commitment to observe the Regulation referred to in Article 2 and responsibility for any violation of its rules.

§ 1. The request and adherence term referred to in the caput must be signed by a public agent duly authorized to assume commitment on behalf of the interested entity.

§ 2. In the request referred to in the caput, the public entity must demonstrate the utility or necessity of accessing the CCS for the performance of its legal duties and indicate the normative basis that authorizes it to handle the confidential information contained therein.

Article 4. The Central Bank of Brazil will evaluate the requests submitted in the form of Article 3, and may deny them when it does not verify compliance with the legal and regulatory requirements for direct access to the CCS or when there is any other obstacle of a legal or operational nature.

Article 5. CCS information obtained in the form of this Resolution must be used exclusively for the purpose of investigating irregularities involving the data holder or when there is the interested party's consent or another legal authorization hypothesis, with adhering public entities bound to ensure due treatment of the obtained information, preserving any applicable confidentiality.

Article 6. This Resolution enters into force on September 1, 2021.

Mauricio
Costa de Moura

Director of Relationships, Citizenship, and Conduct Supervision

ANNEX I TO
RESOLUTION BCB NO. 124, OF AUGUST 5, 2021

REGULATION FOR
ACCESS TO THE NATIONAL FINANCIAL SYSTEM CLIENT REGISTER (CCS)

Regulates access to the National Financial System Client Register (CCS).

CHAPTER I

ON THE OBJECT

Article 1. This Regulation establishes rules for direct access, by public entities, in the exercise of their legal duties, to information contained in the National Financial System Client Register (CCS), managed by the Central Bank of Brazil.

Article 2. The CCS query allows the identification of financial institutions with which users of the National Financial System (SFN) or the Brazilian Payment System (SPB), as well as their legal or conventional representatives, maintain a relationship, as defined in Circular No. 3,347, of April 11, 2007, and complementary norms.

Sole paragraph. For the purposes of this Regulation, financial institutions are understood to be commercial banks, multiple banks with or without a commercial portfolio, investment banks, and the Federal Savings Bank, with other institutions authorized to operate by the Central Bank of Brazil being equated to them.

Article 3. The public entity, when requesting direct access to the CCS and adhering expressly to this Regulation, declares awareness of the following conditions:

I - the responsibility for the accuracy and timeliness of providing the data contained in the CCS lies with the financial institutions; and

II - the update of information contained in the CCS occurs with a lag of 2 (two) business days.

CHAPTER II

ON THE FORM OF ACCESS TO INFORMATION

Article 4. Access to the mechanism made available by the Central Bank of Brazil to query information contained in the CCS will be done through personal and non-transferable passwords, in accordance with Circular No. 3,913, of September 5, 2018, after the registration of users carried out by external system access managers (“Masters”) indicated by the adhering entity.

CHAPTER III

ON OBLIGATIONS

Article 5. The Central Bank of Brazil commits to adopt the following measures necessary for the execution of this Regulation:

I - make available a query mechanism for information contained in the CCS and other applications necessary for its operation;

II - register, in the Central Bank Information System (Sisbacen), the persons indicated to act as “Master” by the head of the adhering entity, observing the provisions of the Regulation attached to Circular No. 3,913, of 2018, and other procedures adopted by the Central Bank of Brazil;

III - deliver the password to the “Master” indicated by the head of the adhering entity, at the Information Technology Department (Deinf) of the Central Bank of Brazil, in Brasília;

IV - receive as users of the electronic information query mechanism of the CCS persons duly registered by the “Master”;

V - equip the CCS and other applications used in its operation with the technological resources necessary to maintain security and the adequate treatment of information, in accordance with applicable legislation;

VI - promote dissemination and, when necessary and within its availability, training for “Masters” and CCS users, within the adhering entity; and

VII - inform the adhering entity of any changes to the CCS and other applications used in its operation.

Article 6. The adhering entity must adopt the following measures necessary for the execution of this Regulation:

I - ensure proper use of the query mechanism made available by the Central Bank of Brazil, observing the right to privacy and access restriction rules for information provided in applicable legislation;

II - indicate, through a formal document signed by the competent authority, a public agent or administrative component responsible for managing the information referred to in this Regulation, who will be responsible for administration and supervision within the adhering entity;

III - indicate, through a formal document signed by the competent authority, the names of the “Masters” for registration in Sisbacen;

IV - maintain, at minimum, 2 (two) registered “Masters,” immediately informing the Central Bank of Brazil of the removal of any of them from the function, for the purpose of their de-registration in Sisbacen;

V - de-register users no longer authorized to access the CCS;

VI - use information obtained in the CCS exclusively for the purpose stipulated in Article 1 of this Regulation, promoting, for administrative or criminal accountability purposes, the investigation of occurrences of improper use of the query mechanism;

VII - promote dissemination of the CCS and its corresponding operation mechanism, as well as training for registered users;

VIII - definitively cease the practice of sending physical query letters to the CCS to the Central Bank of Brazil, as well as adopt necessary procedures to standardize other letters whose dispatch, to be received exclusively through the Digital Protocol, is indispensable;

IX - use its own means (equipment with internet access and communication lines) to access the mechanisms offered by the Central Bank of Brazil; and

X - promote adequate collection and storage, preferably in electronic media and with storage on a secure server, of the data holder's express consent, in the event of access carried out under Article 31, § 1, item II, of Law No. 12,527, of November 18, 2011.

Sole paragraph. The indication referred to in item II must be accompanied by specific forms, duly filled out for this purpose, available on the Central Bank of Brazil's website on the international computer network (internet) at this address: https://www.bcb.gov.br/acessoinformacao/sisbacen.

CHAPTER IV

ON ADMINISTRATION AND SUPERVISION

Article 7. Administration and supervision arising from this Regulation, within the Central Bank of Brazil, will be the responsibility of the Institutional Service Department (Deati), as the CCS managing unit.

Article 8. Within the adhering entity, this responsibility will belong to the person responsible for managing the information referred to in this Regulation.

Article 9. The Central Bank of Brazil will supervise faithful compliance with the provisions of this Regulation, without prejudice to the supervision exercised by the adhering entity.

§ 1. The Central Bank of Brazil will collaborate with the adhering entity in investigating non-compliance with norms dealing with the CCS, if requested.

§ 2. The Central Bank of Brazil, when requested, will provide the adhering entity with information regarding queries made by its members.

CHAPTER V

ON THE ABSENCE OF FINANCIAL OBLIGATIONS

Article 10. Adherence to this Regulation is concluded free of charge, implying no financial burden or transfer of resources between the Central Bank of Brazil and the adhering entity.

CHAPTER VI

ON VALIDITY

Article 11. The bond arising from this Regulation will take effect from the approval, by the Central Bank of Brazil, of the adherence request submitted by the interested entity and will have indefinite validity.

§ 1. Adherence to this Regulation may be revoked at any time, through manifestation by the adhering entity or unilateral decision by the Central Bank of Brazil, previously informed in writing, with a minimum advance notice of 90 (ninety) days.

§ 2. Any denunciation of this Regulation by the adhering entity will not prejudice the execution of services that have been established through a specific instrument, and activities already started must be developed regularly until their end, as established in this Regulation.

CHAPTER VII

FINAL PROVISIONS

Article 12. Omitted cases, doubts, or any divergences arising from the execution of this Regulation will be resolved by the Central Bank of Brazil or the adhering entity, through consultations and mutual understanding.

§ 1. Any controversies arising from adherence to this Regulation will be submitted to an attempt at conciliation before the Mediation and Conciliation Chamber of the Federal Public Administration of the Office of the Attorney General of the Union, in accordance with Article 37 of Law No. 13,140, of June 26, 2015, Article 11 of Provisional Measure No. 2,180-35, of August 24, 2001, and Article 18, item III, of Annex I to Decree No. 10,608, of January 25, 2021.

§ 2. In the event of no conciliation as indicated in § 1, the forum of the Federal Justice, Judicial Section of the Federal District, is elected by virtue of item I of Article 109 of the Federal Constitution, to resolve issues arising from this Regulation.

Article 13. Adherence to this Regulation, as well as any denunciation, must be made exclusively through electronic means.

ANNEX II TO RESOLUTION BCB NO. 124, OF AUGUST 5,
2021

STANDARD REQUEST
FOR ACCESS TO THE CCS

PUBLIC ENTITY IDENTIFICATION

Name:

CNPJ (Corporate Taxpayer Registry):

Affiliation:

Head office address:

Legal representative:

Position:

CPF (Individual Taxpayer Registry):

I hereby express, on behalf of the public entity identified above, the interest in accessing information contained in the National Financial System Client Register (CCS), deemed relevant/necessary for the performance of its institutional duties, with sufficient legal basis to justify the handling of potentially confidential information.

[Free field to detail the utility or necessity of accessing the CCS for the performance of its legal duties and indicate the normative basis that authorizes it to handle the confidential information contained therein, derived from the right to privacy. Alternatively, the detail may be in attached document(s).]

I affirm that the requested access will be carried out in the strict performance of the institutional mission of the public entity identified above, using the obtained information exclusively for the purposes provided by law.

I inform, finally, that this request is accompanied by an Adherence Term to the Regulation for Access to the CCS.

Brasília/DF

The date of the document corresponds to the date of signature

Signature

(must be signed electronically, with Digital Certificate – ICP Brazil)

ANNEX III TO
RESOLUTION BCB NO. 124, OF AUGUST 5, 2021

ADHERENCE TERM to the Regulation for Access to the National Financial System Client Register (CCS)

I, (name of the public agent), registered under CPF No. (CPF number), holding the position of (public position name), at (adhering public entity), on behalf of which I sign this Term with the Central Bank of Brazil for access to the National Financial System Client Register (CCS), in accordance with Resolution BCB No. 124, of August 5, 2021, also observing the provisions (cite legislation that authorizes the adhering public entity to request confidential information).

Through this Term, I declare full awareness of the clauses established in this instrument, the provisions of the Regulation for Access to the CCS, approved by Resolution BCB No. 124, of 2021, and other applicable norms, which henceforth become part of this Term, committing myself, on behalf of the public entity identified above, to its faithful and integral compliance and observance.

I also declare awareness of the obligations specified below, committing myself, on behalf of the public entity identified above, to fulfill them faithfully and integrally:

II - indicate, through a formal document signed by the competent authority, a public agent or administrative component responsible for managing the information referred to in the Regulation for Access to the CCS, who will be responsible for administration and supervision within the adhering entity;

III - indicate, through a formal document signed by the competent authority, the names of the “Masters” for registration in the Central Bank Information System (Sisbacen);