Resolution No. 24 of January 16, 2013 - Revoked by Resolution No. 34 of April 15, 2020 - Establishes Procedures for Non-Regulated Advisory Service Providers

Resolution No. 24 of January 16, 2013

Establishes procedures to be adopted by natural or legal persons not subject to regulation by their own regulatory body who provide, even if occasionally, advisory, consulting, accounting, auditing, advice, or assistance services, in accordance with § 1 of Art. 14 of Law No. 9,613 of March 3, 1998. It was revoked by Resolution No. 34 of April 15, 2020.

Published on 17/09/2020 14:40 Modified on 02/07/2021 14:54

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Official Gazette of the Union

Resolution No. 24 of January 16, 2013

Establishes procedures to be adopted by natural or legal persons not subject to regulation by their own regulatory body who provide, even if occasionally, advisory, consulting, accounting, auditing, advice, or assistance services, in accordance with § 1 of Art. 14 of Law No. 9,613 of March 3, 1998.

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, based on Art. 7, items II, V, and VI of said Statute, in a session held on January 16, 2013, deliberated and approved the Resolution below, in conformity with the norms contained in Arts. 9, 10, 11, and 14, caput and § 1, all of Law No. 9,613 of March 3, 1998.

Section I

Scope

Art. 1 This Resolution aims to establish general norms for the prevention of money laundering and terrorist financing, subjecting compliance to natural or legal persons not subject to regulation by their own regulatory body who provide, even if occasionally, advisory, consulting, accounting, auditing, advice, or assistance services, of any nature, in the following operations:

I - purchase and sale of real estate, commercial or industrial establishments, or corporate participations of any nature;

II - management of funds, securities, or other assets;

III - opening or management of bank, savings, investment, or securities accounts;

IV - creation, exploitation, or management of companies of any nature, foundations, fiduciary funds, or analogous structures;

V - financial, corporate, or real estate; and

VI - alienation or acquisition of rights related to contracts concerning professional sports or artistic activities.

§1 The persons referred to in this article must observe the provisions of this Resolution in the provision of service to the client, including when the service involves carrying out operations in the name or on behalf of the client.

§2 The legal persons referred to in this article must observe the provisions of this Resolution in all business and operations they carry out, including those involving:

I - the purchase or sale of other goods or the provision of other services not pertinent nor linked to the main activity developed; and

II – the purchase or sale of movable or immovable assets that are part of their assets.

Section II

Prevention Policy

Art. 2 The natural and legal persons referred to in Art. 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 cover, at a minimum, procedures and controls destined to:

I – identification and carrying out of due diligence for the qualification of clients and other parties involved in the operations they carry out;

II – obtaining information about the purpose and nature of the business relationship;

III – identification of the ultimate beneficiary of the operations they carry out;

IV – identification of suspicious operations or proposals for operations or mandatory communication;

V – mitigation of the risks that new products, services, and technologies may be used for money laundering and terrorist financing; and

VI – periodic verification of 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 - selection and training of employees;

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

III - monitoring of activities developed by employees; and

IV - prevention of conflicts between commercial and 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.

Art. 3 The persons referred to in Art. 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, method 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 March 3, 1998, or related to them.

Section III

Client and Other Involved Parties Register

Art. 4 The persons referred to in Art. 1 must maintain a register of their clients and other parties involved in the operations they carry out, including representatives and attorneys, regarding which 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 issuing body name, or, if foreign, passport or civil ID data;

d) full address;

e) classification in any of the conditions provided for in items I, II, and III of Art. 1 of COAF Resolution No. 15 of March 28, 2007; and

f) classification in the condition of politically exposed person, in accordance with COAF Resolution No. 16 of March 28, 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 address;

d) identification of partners and other parties involved, as well as their classification in any of the conditions provided for in items I, II, and III of Art. 1 of COAF Resolution No. 15 of March 28, 2007 or in the condition of politically exposed person, in accordance with COAF Resolution No. 16 of March 28, 2007; and

e) identification of ultimate beneficiaries or the record of measures adopted with the objective of identifying them, in accordance with Art. 7, as well as their classification in any of the conditions provided for in items I, II, and III of Art. 1 of COAF Resolution No. 15 of March 28, 2007 or in the condition of politically exposed person, in accordance with COAF Resolution No. 16 of March 28, 2007.

III - record of the purpose and nature of the business relationship;

IV - date of registration and, where applicable, of its updates; and

V - printed and electronic correspondence that provides for the carrying out of operations.

Sole Paragraph. The register must also contain the record of the procedures and analyses referred to in Art. 6.

Art. 5 For the provision of services or the carrying out of operations referred to in this Resolution, the persons referred to in Art. 1 must ensure that the client's registration information is updated at the time of carrying out the business.

Art. 6 The persons referred to in Art. 1 must adopt additional verification procedures whenever there is doubt regarding the reliability of the information contained in the register or when there is suspicion of the practice of the crimes provided for in Law No. 9,613 of March 3, 1998, or situations related to them.

Art. 7 The persons referred to in Art. 1 must adopt adequate measures to understand the shareholding composition and control structure of corporate clients, with the objective of identifying their ultimate beneficiary.

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

Section IV

Record of Operations

Art. 8 The persons referred to in Art. 1 must maintain a record of all services they provide and all operations they carry out, from which the following must appear, at a minimum:

I - identification of the client;

II - detailed description of the service provided or operation carried out;

III - value of the service provided or operation carried out;

IV - date of service provision or operation carrying out;

V - payment method;

VI - payment medium; and

VII - the reasoned record of the decision to proceed or not with the communications referred to in Art. 9, as well as the analyses referred to in Art. 3.

Section V

Communications to COAF

Art. 9 The operations and proposals for operations in the situations listed below may constitute serious indications of the occurrence of the crimes provided for in Law No. 9,613 of March 3, 1998, or related to them, and must be analyzed with special attention and, if considered suspicious, communicated to COAF:

I - operation that appears not to result from usual activities or businesses of the client or their business sector;

II - operation whose origin or economic or legal basis is not clearly ascertainable;

III - operation incompatible with the client's assets or economic-financial capacity;

IV - operation with a client whose ultimate beneficiary cannot be identified;

V - operation involving a legal person domiciled in jurisdictions considered by the Financial Action Task Force (FATF) as high risk or with strategic deficiencies in the prevention and combat of money laundering and terrorist financing or countries or dependencies considered by the Brazilian Federal Revenue Service (RFB) as having favorable taxation and/or privileged fiscal regime;

VI - operation involving a legal person whose ultimate beneficiaries, partners, shareholders, attorneys, or legal representatives maintain domicile in jurisdictions considered by FATF as high risk or with strategic deficiencies in the prevention and combat of money laundering and terrorist financing or countries or dependencies considered by RFB as having favorable taxation and/or privileged fiscal regime;

VII - resistance, by the client or other parties involved, to the provision of information or provision of false or difficult or costly verification information, for the formalization of the register or the record of the operation;

VIII - operation unjustifiably complex or with higher costs aimed at hindering the tracking of resources or the identification of their real purpose;

IX - apparently fictitious operation or with indications of overpricing or underpricing;

X - operation with clauses that establish conditions incompatible with those practiced in the market;

XI - any attempt to circumvent the controls and records required by money laundering and terrorist financing prevention legislation, including through:

a) fragmentation;

b) cash payment;

c) payment by means of a bearer check; or

d) other means;

XII – other situations designated in an act of the COAF President; and

XIII - any other operations that, considering the parties and other involved, values, method of execution and medium and form of payment, or the lack of economic or legal basis, may constitute serious indications of the occurrence of the crimes provided for in Law No. 9,613 of March 3, 1998, or related to them.

Art. 10 The 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 involving the payment or receipt of a value equal to or greater than BRL 30,000.00 (thirty thousand reais) or equivalent in another currency, in cash, including the purchase or sale of movable or immovable assets that are part of the assets of the legal persons referred to in Art. 1;

II – any operation involving the payment or receipt of a value equal to or greater than BRL 30,000.00 (thirty thousand reais), by means of a bearer check, including the purchase or sale of movable or immovable assets that are part of the assets of the legal persons referred to in Art. 1;

III - any of the hypotheses provided for in COAF Resolution No. 15 of March 28, 2007; and

IV – other situations designated in an act of the COAF President.

Art. 11. If operations or proposals referred to in Arts. 9 and 10 are not identified during the calendar year, the persons referred to in Art. 1 must declare such fact to COAF by January 31 of the following year.

Art. 12. The communications referred to in Arts. 9 and 10, as well as the declaration referred to in Art. 11, must be made electronically on the COAF website, at 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

Custody and Preservation of Records and Documents

Art. 13. The persons referred to in Art. 1 must preserve the registers and records referred to in Arts. 4 and 8, as well as the correspondence referred to in Art. 4, for a minimum of 5 (five) years, counted from the closing of the contractual relationship with the client.

Section VII

Final Provisions

Art. 14. The procedures for determining suspicion must be recurrent, including, when necessary, the carrying out of other diligences beyond those expressly provided for in this Resolution.

Art. 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 its use to, on a complementary basis, confirm data and information previously collected.

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

Art. 17. Communications made in good faith, in the manner provided for in Art. 11 of Law No. 9,613 of March 3, 1998, will not entail civil or administrative liability.

Art. 18. The persons referred to in Art. 1, as well as their administrators, who fail to comply with the obligations of this Resolution are subject to the sanctions provided for in Art. 12 of Law No. 9,613 of March 3, 1998.

Art. 19. In order to improve the controls referred to in this Resolution, especially the establishment of the policy referred to in Art. 2, and for the purposes referred to in Arts. 3 and 9, the persons referred to in Art. 1 must follow on the COAF website the publication of additional information, as well as that related to the locations referred to in items V and VI of Art. 9.

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

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

Art. 22. This Resolution will enter into force on March 1, 2013.

Brasília, January 16, 2013.

ANTONIO GUSTAVO RODRIGUES

President

Published in the Official Gazette of the Union on: 18/01/2013 | Edition: 13 | Section: 1 | Page: 12