Resolution CMN No. 3331 — Amends Resolution 2,827 of March 30, 2001, which consolidates and redefines the rules for credit contingency to the public sector

RESOLUTION NO. 003331

Amends Resolution 2,827, of March 30, 2001, which consolidates and redefines the rules for the credit contingency to the public sector.

THE CENTRAL BANK OF BRAZIL, in accordance with Article 9 of Law 4,595, of December 31, 1964, makes public that the NATIONAL MONETARY COUNCIL, in a session held on November 24, 2005, considering the provisions of Article 4, items VI and VIII, of the aforementioned law,

RESOLVES:

Article 1. Add to Article 9-B of Resolution 2,827, of March 30, 2001, item V of the caput, item V of § 1, and §§ 11 to 14:

"Article 9-B ...

V - up to R$ 2,200,000,000.00 (two billion and two hundred million reais), for the financing of environmental sanitation actions, observed the provisions of § 1.

...

§ 1 ...

V - integrated sanitation, encompassing exclusively the set of modalities provided for in items I to IV.

...

§ 11. Financial institutions must require, prior to contracting, proof that the credit operation of interest to each entity of the Federation meets the limits and conditions established in Complementary Law 101, of May 4, 2000, and in the specific resolutions of the Federal Senate.

§ 12. The National Treasury Secretariat will issue a communication to financial institutions, with a view to the development of technical cooperation for the appreciation of proposals, regarding the limits referred to in § 11.

§ 13. For the operations provided for in item V of this article, the financial institution will hire independent audit to prepare annual reports on the compliance with the Agreements referred to in § 3, item IV, and send them to the Ministry of Cities until October 31 of each year, starting from the year subsequent to the contracting.

§ 14. The contracting of the credit operations referred to in the caput, item V, shall be preceded by habilitation by the Ministry of Cities, in accordance with regulations, obeying the requirements established in this resolution." (NR)

Article 2. Amend item IV of § 3 of Article 9-B of Resolution 2,827, of 2001, which shall enter into force with the following wording:

"Article 9-B ...

§ 3 ...

IV - establishment of an Agreement for Performance Improvement (AMD) with the National Secretariat of Environmental Sanitation of the Ministry of Cities, in conformity with the terms of its own normative instruction, fixing object, operational and financial performance indicators and penalties for partial or total non-compliance with the pactuated goals, including impediment of access to new contracting and clause of acceleration of contract amortizations within up to two years."

Article 3. Add Article 9-E to Resolution 2,827, of 2001, with the following wording:

"Article 9-E. The contracting of new credit operations is authorized, beyond the limit established in Article 9-B, item V, destined to the financing of technical studies for the structuring of models of partnership between the public sector and the private sector in the modalities provided for in Article 9-B, § 1, within the limits specified below:

I - R$ 40,000,000.00 (forty million reais), for the global value;

II - R$ 2,000,000.00 (two million reais), per credit operation.

§ 1. The authorization for contracting the credit operations referred to in the caput applies only to municipalities that have a population greater than 100,000 inhabitants and to consortiums of municipalities that, together, have a population greater than 100,000 inhabitants.

§ 2. The partnership models structured based on the studies referred to in this article must observe the provisions of Laws 8,987, of February 13, 1995, 9,074, of July 7, 1995, and 11,079, of December 30, 2004, or under other forms of structuring in which the private sector comes to be responsible for the financing of investments.

§ 3. The borrower is obliged to include, in the respective bidding notice, a clause for reimbursement of the corresponding expenditures, in accordance with Articles 21 of Law 8,987, of 1995, and 3 of Law 11,079, of 2004.

§ 4. Financial institutions must proceed to cancel the registration in the System of Registration of Operations with the Public Sector - Cadip, of the proposals for credit operations provided for in this article, not approved as a result of the conclusion of the credit analysis.

§ 5. For the contracting of the operations referred to in this article, the rules of framing and selection of credit operation proposals established jointly by the Ministry of Planning and the Ministry of Finance must be observed." (NR)

Article 4. This resolution enters into force on the date of its publication.

Brasília, November 28, 2005.

Henrique de Campos Meirelles
President