Resolution No. 23 of December 20, 2012

Published on 16/09/2020 01:01 Modified on 07/12/2020 10:52

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Provides for the procedures to be adopted by natural or legal persons who trade in jewelry, stones, and precious metals, in accordance with § 1 of Article 14 of Law No. 9,613, of 1998.

Provides for the procedures to be adopted by natural or legal persons who trade in jewelry, stones, and precious metals, in accordance with § 1 of Article 14 of Law No. 9,613, of 3.3.1998.

THE PRESIDENT OF THE FINANCIAL ACTIVITIES CONTROL COUNCIL – COAF, using the authority granted by item IV of Article 9 of the Statute approved by Decree No. 2,799, of 8.10.1998, makes public that the Plenary of the Council, based on Article 7, items II, V, and VI of said Statute, in a session held on 5.12.2012, deliberated and approved the Resolution below, in conformity with the norms contained in Articles 9, 10, 11, and 14, caput and § 1, all of Law No. 9,613, of 3.3.1998.

Section I

Scope

Article 1. This Resolution aims to establish general norms for the prevention of money laundering and terrorist financing, subjecting compliance to natural or legal persons who trade, by any means, including auctions, jewelry, stones, and precious metals, whether their own or those of third parties, including those given as collateral.

Sole paragraph. The persons referred to in this article, whose main activity is the trade of jewelry, stones, and precious metals, must observe this Resolution in all operations and transactions they carry out, including those involving:

I - the purchase or sale of other goods or the provision of other services not pertinent or linked to the main activity developed; and

II - the purchase or sale of movable or immovable assets that constitute their assets.

Section II

Prevention Policy

Article 2. The natural and legal persons referred to in Article 1 must establish and implement a policy for the prevention of money laundering and terrorist financing compatible with their volume of operations and, in the case of legal persons, with their size, which must include, at a minimum, procedures and controls aimed at:

I – identifying and conducting due diligence to qualify clients and other parties involved in the operations they carry out;

II – identifying the ultimate beneficial owner of the operations they carry out;

III – identifying suspicious operations or proposals for operations or mandatory communication;

IV – mitigating the risks that new products, services, and technologies may be used for money laundering and terrorist financing; and

V – periodically verifying the effectiveness of the adopted policy.

§ 1. The policy mentioned in the caput must be expressly formalized, with approval by the holder of the highest management authority, also covering procedures for:

I - the selection and training of employees;

II - the dissemination of its content to the staff through institutionalized processes of a continuous nature;

III - the monitoring of activities developed by employees; and

IV - the prevention of conflicts between commercial/business interests and the mechanisms for preventing money laundering and terrorist financing.

§ 2. The provisions of § 1 of this article do not apply to natural and legal persons classified under the Special Unified Regime for Collection of Taxes and Contributions due by Microenterprises and Small Businesses – SIMPLES NACIONAL.

Article 3. The persons referred to in Article 1 must assess the existence of suspicion in proposals and/or operations of their clients, paying special attention to those that are unusual or that, due to their characteristics, regarding involved parties, values, manner of execution, purpose, complexity, instruments used, or lack of economic or legal basis, may constitute serious indications of the crimes provided for in Law No. 9,613, of 3.3.1998, or be related to them.

Section III

Client and Other Parties Registration

Article 4. In operations with a value equal to or greater than R$ 10,000.00 (ten thousand reais), the persons referred to in Article 1 must maintain a registration of their clients and other involved parties, including representatives and attorneys, regarding whom the following must appear, at a minimum:

I - if a natural person:

a) full name;

b) registration number in the Register of Natural Persons – CPF;

c) identification document number and name of the issuing authority, or, if foreign, passport or civil ID data;

d) classification in any of the conditions provided for in items I, II, and III of Article 1 of COAF Resolution No. 15, of 28.3.2007; and

e) classification as a politically exposed person, in accordance with COAF Resolution No. 16, of 28.3.2007; or

II - if a legal person:

a) corporate name and trade name;

b) registration number in the National Register of Legal Entities - CNPJ;

c) full name, registration number in the Register of Natural Persons – CPF, and identification document number and name of the issuing authority, or, if foreign, passport or civil ID data, of their representative(s); and

d) identification of ultimate beneficial owners, in cases where the sum of operations, over a six-month period, exceeds the amount of R$ 100,000.00 (one hundred thousand reais) or the registration of measures adopted with the objective of identifying them, in accordance with Article 7, as well as classification in any of the conditions provided for in items I, II, and III of Article 1 of COAF Resolution No. 15, of 28.3.2007 or as a politically exposed person, in accordance with COAF Resolution No. 16, of 28.3.2007;

III - date of registration and, when applicable, its updates; and

IV - printed and electronic correspondence available regarding the execution of operations.

Sole paragraph. The registration must also contain the record of the procedures and analyses referred to in Article 6.

Article 5. To carry out the operations referred to in this Resolution, the persons referred to in Article 1 must ensure that the client's registration information is up to date at the time of the transaction.

Article 6. The persons referred to in Article 1 must adopt additional verification procedures whenever there is doubt regarding the reliability of the information contained in the registration or when there is suspicion of the practice of crimes provided for in Law No. 9,613, of 3.3.1998, or situations related to them.

Article 7. The persons referred to in Article 1 must adopt adequate measures to understand the shareholding composition and control structure of corporate clients, with the objective of identifying their ultimate beneficial owner in the situation provided for in item “d” of item II of Article 4.

Sole paragraph. When it is not possible to identify the ultimate beneficial owner, the persons referred to in Article 1 must pay special attention to the operation, evaluating the convenience of carrying it out or establishing or maintaining the business relationship.

Section IV

Operation Records

Article 8. The persons referred to in Article 1 must maintain records of all operations they carry out, which must include, at a minimum:

I - client identification;

II - detailed description of the merchandise;

III - value of the operation;

IV - date of the operation;

V - payment method;

VI - payment medium; and

VII - the reasoned record of the decision to proceed with the communications referred to in Article 9, as well as the analyses referred to in Article 3.

Section V

Communications to COAF

Article 9. Operations and proposals for operations in the situations listed below must be communicated to COAF, regardless of analysis or any other consideration:

I - any operation or set of operations by the same client over a six-month period, involving the payment or receipt of a value equal to or greater than R$ 30,000.00 (thirty thousand reais), or equivalent in another currency, in cash, including the purchase or sale of movable or immovable assets that constitute the assets of the persons referred to in Article 1;

II - any of the hypotheses provided for in COAF Resolution No. 15, of 28.3.2007; and

III - other situations designated by an act of the President of COAF.

Article 10. In addition to what is provided in Article 9, any operations that, considering the parties and other involved parties, values, manner of execution, and payment medium and form, or lack of economic or legal basis, may constitute serious indications of the occurrence of crimes provided for in Law No. 9,613, of 3.3.1998, or be related to them, must be communicated to COAF.

Article 11. If no operations or proposals referred to in Articles 9 and 10 are identified during the calendar year, the persons referred to in Article 1 must declare such fact to COAF by January 31 of the following year.

Article 12. The communications referred to in Articles 9 and 10, as well as the declaration referred to in Article 11, must be made electronically on the COAF website, at the address www.coaf.fazenda.gov.br, in accordance with the instructions defined there.

Sole paragraph. The information provided to COAF will be protected by confidentiality.

Section VI

Retention and Preservation of Records and Documents

Article 13. The persons referred to in Article 1 must retain the registrations and records referred to in Articles 4 and 8, as well as the correspondence referred to in Article 4, for at least 5 (five) years, counted from the termination of the contractual relationship with the client.

Section VII

Final Provisions

Article 14. The procedures for determining suspicion must be recurrent, including, when necessary, the performance of other investigations beyond those expressly provided for in this Resolution.

Article 15. The use of information existing in databases of public or private entities does not replace or supplement the requirements provided for in Articles 4, 5, 6, and 7, admitted for use, on a complementary basis, to confirm data and information previously collected.

Article 16. The persons referred to in Article 1 must register and keep their registration updated on the COAF website, in accordance with the instructions defined there.

Article 17. Communications made in good faith, in the manner provided for in Article 11 of Law No. 9,613, of 3.3.1998, will not entail civil or administrative liability.

Article 18. The persons referred to in Article 1, as well as their administrators, who fail to comply with the obligations of this Resolution, are subject to the sanctions provided for in Article 12 of Law No. 9,613, of 3.3.1998.

Article 19. In order to improve the controls referred to in this Resolution, especially the establishment of the policy referred to in Article 2, and for the purposes referred to in Articles 3 and 9, the persons referred to in Article 1 must monitor on the COAF website the disclosure of additional information, as well as that related to jurisdictions considered by the Financial Action Task Force (FATF) as high-risk or with strategic deficiencies in the prevention and combating of money laundering and terrorist financing, or countries or dependencies considered by the Brazilian Federal Revenue Secretariat (RFB) as having favored taxation and/or privileged fiscal regime.

Article 20. The persons referred to in Article 1 must comply with requests made by COAF in the periodicity, manner, and conditions established by it, with the obligation to preserve, in accordance with the law, the confidentiality of the information provided.

Article 21. The President of COAF is authorized to issue complementary instructions for the compliance with this Resolution.

Article 22. This Resolution will enter into force on 1.6.2013, when Resolution No. 4, of 2.6.1999, will be revoked.

Brasília, December 20, 2012.

ANTONIO GUSTAVO RODRIGUES

President

The link address is: http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?jornal=1&pagina=725&data=21/12/2012