Resolution No. 10 of November 19, 2001 - Revoked by COAF Resolution No. 37

This resolution provided for procedures to be observed by non-financial legal entities providing cash transfer services and was revoked by COAF Resolution No. 37, of April 15, 2021:
https://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?data=16/04/2021&jornal=515&pagina=44

Published on 22/04/2021 22:55 Modified on 02/07/2021 14:58

Share:

Provides for the procedures to be observed by non-financial legal entities providing cash transfer services.

The President of the Financial Activities Control Council – COAF, using the attribution conferred by item IV of art. 9 of the Statute approved by Decree No. 2,799, of October 8, 1998, makes public that the Plenary of the Council, in a session held on November 19, 2001, based on § 1 of art. 14 of Law No. 9,613, of March 3, 1998, resolved:

Section I
Preliminary Provisions

Art. 1. With the objective of preventing and combating the crimes of "money laundering" or concealment of assets, rights, and values, as established in Law No. 9,613, of March 3, 1998, and Decree No. 2,799, of October 8, 1998, non-financial legal entities providing national or international cash transfer services shall observe the provisions contained in this Resolution.

Sole Paragraph. The provisions of this Resolution apply to representatives or agents of the entities referred to in the caput of this article, as well as entities that exercise the aforementioned activities on a permanent or occasional basis, as a main or ancillary activity, cumulatively or not, in their various modalities.

Section II
Recording of Transactions

Art. 2. The persons mentioned in Art. 1 shall identify clients and maintain records of all transactions carried out.

Art. 3. The transaction record shall contain, at a minimum, the following information:

1. value of the funds transferred;
2. form of payment for the operation (cash, check, credit card, etc.);
3. date of the transaction;
4. purpose of the remittance;
5. name, CPF or CNPJ, if applicable, and identification document of the sender and recipient of the funds;
6. place of origin and destination of the funds.

Section III
Suspicious Operations

Art. 4. The persons mentioned in Art. 1 shall pay special attention to operations or proposals that, in accordance with the Annex to this Resolution, may constitute serious indications of the crimes provided for in Law No. 9,613, of 1998, or be related to them.

Section IV
Communications to COAF

Art. 5. The persons mentioned in Art. 1 shall communicate to COAF, within twenty-four hours from their knowledge, abstaining from informing the clients of such act, the proposal or the carrying out of transactions provided for in Art. 4.

Art. 6. Communications to COAF, made in good faith, as provided for in § 2 of art. 11 of Law No. 9,613, of 1998, shall not entail civil or administrative liability.

Art. 7. The communications mentioned in Art. 5 may be forwarded through an electronic process, observing the provisions contained in COAF Instruction No. 001, of July 26, 1999.

Section V
General and Final Provisions

Art. 8. The records provided for in this Resolution shall be kept by the persons mentioned in Art. 1 for a minimum period of five years from the conclusion of the operation.

Art. 9. The persons mentioned in Art. 1 shall comply, at any time, with information requests made by COAF regarding the operations.

Art. 10. The persons mentioned in Art. 1 shall indicate to COAF the name of the person responsible for implementing and monitoring compliance with the provisions of this Resolution.

Art. 11. To the legal entities mentioned in Art. 1, as well as to their administrators, who fail to comply with the obligations of this Resolution, COAF shall apply, cumulatively or not, the sanctions provided for in Art. 12 of Law No. 9,613, of 1998, in the manner provided for in Decree No. 2,799, of 1998, and in the Ordinance of the Minister of State for Finance No. 330, of December 18, 1998.

Art. 12. The provisions of this Resolution refer exclusively to the communication and recording of operations, in accordance with Law No. 9,613, of 03.03.1998, without prejudice to the competence of the Central Bank of Brazil in regulating and supervising transactions subject to registration with that Agency.

Art. 13. The persons mentioned in Art. 1 of this Resolution shall develop and implement control procedures that enable faithful compliance with the provisions contained herein.

Art. 14. The Presidency of the Council is authorized to issue complementary instructions to this Resolution.

Art. 15. This Resolution enters into force sixty days after its publication.

Adrienne Giannetti Nelson de Senna

Annex

List of suspicious operations

1. Transactions carried out by natural or legal persons who, within a period of 30 (thirty) days, exceed the value equivalent to R$ 10,000.00 (ten thousand reais).
2. Request for transfer of funds, in a value equal to or greater than R$ 5,000.00 (five thousand reais), by payment in cash by the sender or by means of checks from various issuers.
3. Transactions in which the sender or recipient is not willing to meet the requirements for recording or identification, presents doubtful or forged documents, or attempts to induce the employee of the financial transfer company not to register the operation in question.
4. Use of different locations to carry out transactions by the same client or beneficiary.
5. Sudden and evidently unjustifiable changes in the amount or frequency of remittance or receipt transactions by the same client.
6. Repetitive transactions or involving large amounts, with origin or destination in regions defined in normative acts as "tax havens" or places located in border regions.
7. Transactions involving persons who do not appear to have financial conditions for the operation or do not seem to be acting on their own behalf, configuring the possibility of being "front men" or "straw men," as people who lend their names for shady operations are usually known.
8. Transactions whose frequency, value, or form are indications of mechanisms used to circumvent recording systems.
9. Natural and/or legal persons, without market history, who carry out international transfers involving large amounts of money.
10. Sudden increase in the total value of transactions or remittances, unjustifiable, in a specific place or region.
11. Other operations that, due to their characteristics, regarding the parties involved and values or due to the lack of economic or legal basis, may constitute a hypothesis of crimes provided for in Law No. 9,613, of March 3, 1998, or be related to them.

Published in the Official Gazette of the Union No. 231 of 05/12/2001 - Section 1