Law No. 9,613 of 1998Law on Prevention and Combating Money Laundering) made it compulsory for individuals or legal entities that engage on a permanent or temporary basis in any of the activities listed in article 9 of such law to submit a Notice of Non-Occurrence (Clearance Statement) of money laundering or terrorist financing transactions to the Financial Activities Control CouncilCOAF) or to the regulatory or supervisory body of its activity, under penalty of civil or administrative liability.
The Notice must be submitted, within the terms and conditions established by the regulatory body of each segment, as shown in the table below.
The deadline to submit the Notification is until January 31, 2018 and noncompliance may result in sanctions ranging from fines to suspension of authorization for the exercise of activity or operation.
Candido Martins Advogados is available to assist you with any clarifications.
|Regulatory||Sector||Timeframe||Term||Where to Submit|
|BCB||Financial institutions and other institutions authorized to operate by the Central Bank of Brazil||01/01/2017 to 31/12/2017||Up to 10 working days after the end of the calendar year||SISCOAF|
|CFC||Professionals and Accounting Organizations, in the performance of their duties||01/01/2017 to 31/12/2017||Up to 31/01/2018||Portal CFC|
|COAF||Commercializationfactoring), securitizationnot regulated by the CVM)||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|COAF||Trade of jewelry, precious stones and metals||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|COAF||Advisory, consultancy, auditing, counseling or assistance services, except accountants, economists and real estate brokersnot subject to regulation of a regulatory body)||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|COFECI||Individuals and legal entities engaged in real estate development activities or the purchase and sale of real estate, whether permanent or incidental, principally or ancillary||01/01/2017 to 31/12/2017||Up to 31/01/2018||COFECI|
|COFECON||Individuals and legal entities providing economic and financial services||01/01/2017 to 31/12/2017||Up to 31/01/2018||Regional Economic Council of the jurisdiction of the professional or legal entity|
|CVM||Persons who have, on a permanent or occasional basis, a principal or accessory activity, cumulatively or not, custody, issuance, distribution, settlement, negotiation, brokerage, consulting or administration of securities or independent auditing in the securities market||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|CVM||Entities managing organized markets||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|CVM||Other persons subject to CVM regulation||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|DREI||Boards of Trade||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|IPHAN||Individuals or legal entities that commercialize Antiques and/or Works of Art of any Nature.||01/01/2017 to 31/12/2017||Up to 31/01/2018||National Register of Art and Antiques Dealers – CNART, IPHAN|
|PREVIC||Private entities of complementary pension||01/01/2017 to 31/12/2017||Up to 31/01/2018||PREVIC|
|SEAE||Lotteries||01/01/2017 to 31/12/2017||Up to 31/01/2018||SISCOAF|
|SUSEP||Insurance and capitalization companies, local and admitted reinsurers, open supplementary pension entities||Monthly||Until the 20th of the following month||SUSEP|