Resolution CMN No. 3766 — Grants Additional Time to Recognize Emergency or Public Calamity Status in Regions Affected by Floods or Drought

RESOLUTION NO. 003766

Dispenses with the granting of additional time for the recognition of a situation of emergency or state of public calamity in the regions affected by floods or by drought.

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595 of December 31, 1964, makes public that the National Monetary Council, in a session held on July 29, 2009, considering the provisions of Article 4, item VI, of Law No. 4,595 of 1964, Articles 4 and 14 of Law No. 4,829 of November 5, 1965, and Articles 2 and 5 of Law No. 10,186 of February 12, 2001,

RESOLVED:

Art. 1° Articles 1, 2, and 6 of Resolution No. 3,732 of June 17, 2009, are amended, which shall henceforth read as follows:

"Art. 1° Authorized financial institutions are authorized, for family farmers who suffered income losses due to drought in the States of Rio Grande do Sul, Santa Catarina, Paraná, Mato Grosso do Sul, and São Paulo, whose municipalities have declared a situation of emergency or state of public calamity between December 1, 2008, and May 13, 2009, recognized by the respective state governments by July 15, 2009, to:

I - extend, until October 15, 2009, the due date of installments due or payable between January 1 and October 14, 2009, provided that the operation was in a state of compliance on January 1, 2009, of rural credit operations contracted under the National Program for Strengthening Family Agriculture (Pronaf) for the financing of the 2007/2008 crop year, in the case of livestock financing and biennial crops, and for the financing of the 2008/2009 crop year, provided that the operations have not been included in the Agricultural Activity Guarantee Program (Proagro) or 'Proagro Mais';

II - extend, until August 15, 2009, the due date of installments due or payable between January 1 and August 14, 2009, provided that the operation was in a state of compliance on January 1, 2009, of the following rural credit operations contracted under:

a) National Program for Strengthening Family Agriculture (Pronaf): financing operations extended from previous crop years and investment operations;

b) Bank of the Land;

c) National Land Credit Program (PNCF); and

d) Special Credit Program for Agrarian Reform (Procera);

III - renegotiate, provided requested by the borrower until the respective due date, the repayment of up to 100% (one hundred percent) of the installments of the financing operations included in item I of this article, payable between October 15 and December 30, 2009, including installments that are extended based on the aforementioned item, within up to 3 (three) years, with the 1st installment due in 2010, observing the period for obtaining revenues by the producer;

IV - extend, provided requested by the borrower until the respective due date, the repayment of up to 100% (one hundred percent) of the installments of the credit operations included in item II of this article, payable between August 15 and December 30, 2009, including installments that are extended based on the aforementioned item, for up to 1 (one) year after the due date of the last installment provided in the contract.

................................................ " (NEW)

"Art. 2° Authorized financial institutions are authorized, for family farmers who suffered income losses due to floods in the States of Acre, Amazonas, Bahia, Ceará, Maranhão, Pará, Paraíba, Piauí, and Rio Grande do Norte, whose municipalities have declared a situation of emergency or state of public calamity between April 1, 2009, and May 27, 2009, recognized by the respective state governments by July 15, 2009, to:

................................................." (NEW)

"Art. 6° .............................................

I - beneficiaries:

a) family farmers from the States of Rio Grande do Sul, Santa Catarina, Paraná, Mato Grosso do Sul, and São Paulo who suffered income losses due to drought, whose municipalities have declared a situation of emergency or state of public calamity between December 1, 2008, and May 13, 2009, recognized by the respective state governments by July 15, 2009;

b) family farmers from the States of Acre, Amazonas, Bahia, Ceará, Maranhão, Pará, Paraíba, Piauí, and Rio Grande do Norte who suffered income losses due to floods, whose municipalities have declared a situation of emergency or state of public calamity between April 1, 2009, and May 27, 2009, recognized by the respective state governments by July 15, 2009;

................................................ " (NEW)

Art. 2° Articles 1, 2, and 6 of Resolution No. 3,736 of June 17, 2009, are amended, which shall henceforth read as follows:

"Art. 1° Authorized financial institutions are authorized, for rural producers who suffered losses due to drought in the municipalities of the States of Rio Grande do Sul, Santa Catarina, Paraná, Mato Grosso do Sul, and São Paulo, who have declared a situation of emergency or state of public calamity between December 1, 2008, and May 13, 2009, recognized by the respective State Governments by July 15, 2009, to:

................................................ " (NEW)

"Art. 2° Authorized financial institutions are authorized, for rural producers who suffered losses due to floods in the municipalities of the States of Acre, Amazonas, Pará, Maranhão, Piauí, Paraíba, Ceará, Rio Grande do Norte, and Bahia, who have declared a situation of emergency or state of public calamity between April 1, 2009, and May 27, 2009, recognized by the respective state governments by July 15, 2009, to:

................................................." (NEW)

"Art. 6° .............................................

I - beneficiaries:

a) rural producers from the States of Rio Grande do Sul, Santa Catarina, Paraná, Mato Grosso do Sul, and São Paulo who suffered income losses due to drought, whose municipalities have declared a situation of emergency or state of public calamity between December 1, 2008, and May 13, 2009, recognized by the respective State Governments by July 15, 2009;

b) rural producers from the States of Acre, Amazonas, Pará, Maranhão, Piauí, Paraíba, Ceará, Rio Grande do Norte, and Bahia who suffered income losses due to floods, whose municipalities have declared a situation of emergency or state of public calamity between April 1, 2009, and May 27, 2009, recognized by the respective State Governments by July 15, 2009;

................................................ " (NEW)

Art. 3° This resolution enters into force on the date of its publication.

Brasília, July 29, 2009.

Henrique de Campos Meirelles
President