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Provides procedures to be adopted by natural or legal persons who trade luxury or high‑value goods or intermediate their trade, pursuant to § 1 of art. 14 of Law No. 9.613, of 3 March 1998.

THE PRESIDENT OF THE COAF (COUNCIL FOR FINANCIAL ACTIVITY CONTROL), exercising the authority conferred by item IV of art. 9 of the Statute approved by Decree No. 2.799, of 8 October 1998, makes public that the Plenary of the Council, based on art. 7, items II, V and VI of the said Statute, in a session held on 16 January 2013, deliberated and approved the following Resolution, in accordance with the provisions of arts. 9, 10, 11 and 14, caput and § 1, all of Law No. 9.613, of 3 March 1998.

Section I

Scope

Art. 1 This Resolution aims to establish anti‑money‑laundering and counter‑terrorist‑financing procedures, binding natural or legal persons that trade luxury or high‑value movable goods or intermediate their trade, even through auction, to comply.

Single paragraph. For the purposes of this Resolution, a luxury or high‑value movable good is understood as one whose unit value is equal to or greater than R$ 10,000.00 (ten thousand reais) or equivalent in another currency.

Section II

Client and Other Parties Registry

Art. 2 In operations of value equal to or greater than R$ 10,000.00 (ten thousand reais) or equivalent in another currency, the persons referred to in Art. 1 must maintain a registry of their clients and other involved parties, including representatives and attorneys, containing at minimum:

1. If natural person:

   • a) full name;
   • b) registration number in the Individual Taxpayer Registry (CPF);
   • c) identification document number and issuing authority, or, if foreign, passport data or civil ID;
   • d) full address;

2. If legal entity:

   • a) corporate name and trade name;
   • b) registration number in the National Registry of Legal Entities (CNPJ);
   • c) full name, CPF registration number and identification document number and issuing authority, or, if foreign, passport data or civil ID, of its representative(s);
   • d) full address.

Section III

Transaction Recording

Art. 3 The persons referred to in Art. 1 must keep a record of all operations they carry out of value equal to or greater than R$ 10,000.00 (ten thousand reais) or equivalent in another currency, which must contain at minimum:

1. identification of the client;
2. detailed description of the goods/merchandise;
3. value of the operation;
4. date of the operation;
5. payment method; and
6. means of payment.

Section IV

Communications to COAF

Art. 4 The operations and proposals of operations listed below must be communicated to COAF, regardless of analysis or any other consideration:

1. any operation or set of operations of the same client within a six‑month period that involves payment or receipt of cash equal to or greater than R$ 30,000.00 (thirty thousand reais) or equivalent in another currency; and
2. other situations designated by act of the President of COAF.

Art. 5 In addition to the provisions of Art. 4, any operations that, considering the parties and other involved, the amounts, mode of execution and means and form of payment, or the lack of economic or legal basis, may constitute serious indications of the crimes foreseen in Law No. 9.613, of 3 March 1998, or be related to them, must be communicated to COAF.

Art. 6 The communications referred to in Arts. 4 and 5 must be made electronically on COAF’s website, at the address www.coaf.fazenda.gov.br, in accordance with the instructions defined there.

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

Section V

Preservation of Records and Documents

Art. 7 The persons referred to in Art. 1 must preserve the registries and records referred to in Arts. 2 and 3 for a minimum of five (5) years, counted from the completion of the operation.

Section VI

Final Provisions

Art. 8 The persons referred to in Art. 1 must register and keep their registration updated on COAF’s website, in accordance with the instructions defined there.

Art. 9 Good‑faith communications made in the manner provided for in Art. 11 of Law No. 9.613, of 3 March 1998, will not give rise to civil or administrative liability.

Art. 10 The persons referred to in Art. 1, as well as their administrators, who fail to comply with the obligations of this Resolution shall be subject to the sanctions provided for in Art. 12 of Law No. 9.613, of 3 March 1998.

Art. 11 The persons referred to in Art. 1 must comply with requests formulated by COAF in the periodicity, form and conditions established by it, being obliged to preserve, pursuant to law, the confidentiality of the information supplied.

Art. 12 The President of COAF is authorized to issue complementary instructions for the compliance with this Resolution.

Art. 13 This Resolution shall enter into force on 1 March 2013.

Antonio Gustavo Rodrigues

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