SISBACEN REGISTRATIONS (BCB Resolution No. 278, of 12/31/2022; BCB Resolution No. 348, of 10/17/2023; Joint BCB Resolution No. 13 of 12/03/2024 and Law No. 14.286, of December 29, 2021).
1. EXTERNAL CREDIT OPERATIONS – SCE CREDIT
According to BCB Resolution No. 278/22, information on the inflow of resources into the country or when held abroad must be provided by the responsible parties in the following situations:
I – Private Sector Individual and Corporate Debtors:
(i) direct loans, issuance of bonds in the international market, issuance of privately placed securities in the domestic market, and financing, including from international organizations: whenever the external credit operation is equal to or greater than US$ 1,000,000.00 (one million U.S. dollars) or its equivalent in other currencies;
(ii) financed import of goods or services with a payment term exceeding 180 days: whenever the external credit operation is equal to or greater than US$ 500,000.00 (five hundred thousand U.S. dollars) or its equivalent in other currencies;
(iii) advance receipt of export payments and external financial leasing with a payment term exceeding 360 days: whenever the external credit operation is equal to or greater than US$ 1,000,000.00 (one million U.S. dollars) or its equivalent in other currencies.
II – Public Sector Debtors:
The provision of information regarding external credit operations contracted by federal, state, municipal, and Federal District public administration entities must be carried out regardless of the operation’s value.
Note: To calculate currency equivalents, the exchange rate from the previous business day, as published by the BCB, must be used on the contract signing date or the bond issuance date abroad.
Deadline: Within 30 days from the event’s origin.
Reference Date: The date of the event’s origin, considering the specificities outlined in the applicable resolution.
2. FOREIGN DIRECT INVESTMENT – SCE IED
According to BCB Resolution No. 278/22, providing information on foreign direct investment in the SCE-IED system is mandatory in the following situations:
(i) whenever a financial transfer related to a non-resident investor equals or exceeds US$ 100,000.00 (one hundred thousand U.S. dollars) or its equivalent in other currencies;
(ii) whenever a movement occurs as specified in Article 36 of BCB Resolution No. 278, equal to or exceeding US$ 100,000.00 (one hundred thousand U.S. dollars).
Note: Currently, there are two SCE-IED systems for foreign investment reporting: one for events occurring until 09/30/2024 and another for events after that date.
Deadline: Within 30 days from the event’s origin.
Reference Date: The date of the event’s origin, considering the specificities outlined in the applicable resolution.
1) ANNUAL PERIODIC DECLARATION – SCE IED
Who must declare?
Entities receiving foreign direct investment that, as of December 31 of the previous year, have total assets equal to or exceeding R$ 100,000,000.00 (one hundred million reais). This annual declaration is waived in years when the quinquennial declaration applies.
Deadline: January 1 to March 31 of the year following the reference period.
Reference Date: 12/31/2024.
2) QUARTERLY PERIODIC DECLARATION – SCE IED
Who must declare?
Entities receiving foreign direct investment that, on the reference quarterly declaration date, have total assets equal to or exceeding R$ 300,000,000.00 (three hundred million reais).
Deadlines and Reference Dates:
a) Until June 30, referring to the March 31 reference date.
b) Until September 30, referring to the June 30 reference date.
c) Until December 31, referring to the September 30 reference date.
3) QUINQUENNIAL PERIODIC DECLARATION – SCE IED
Who must declare?
Entities receiving foreign direct investment that, as of December 31 of the previous year, have total assets equal to or exceeding R$ 100,000.00 (one hundred thousand reais).
Deadline: Waived this year.
Reference Date: 12/31 of years ending in 0 (zero) or 5 (five).
4) ANNUAL DECLARATION OF BRAZILIAN CAPITALS ABROAD – CBE or DCBE
Who must declare?
Individuals and legal entities residing, domiciled, or headquartered in Brazil that hold abroad assets totaling US$ 1,000,000.00 (one million U.S. dollars) or the equivalent in other currencies, as of December 31 of the base year – Annual CBE.
Declaration Period: February 15, 2025, to April 5, 2025.
Reference Date: 12/31/2024.
5) QUARTERLY DECLARATION OF BRAZILIAN CAPITALS ABROAD – CBE OR DCBE
Who must declare?
Individuals and legal entities residing, domiciled, or headquartered in Brazil that, as of the reference quarterly declaration date, hold assets abroad totaling US$ 100,000,000.00 (one hundred million U.S. dollars) or the equivalent in other currencies.
Deadlines and Reference Dates:
a) April 30, 2025, to June 5, 2025 – referring to the March 31, 2025 reference date.
b) July 31, 2025, to September 5, 2025 – referring to the June 30, 2025 reference date.
c) October 31, 2025, to December 5, 2025 – referring to the September 30, 2025 reference date.
CENSUS OF FOREIGN CAPITAL IN BRAZIL
1) ANNUAL CENSUS (APPLICABLE TO YEARS WHEN QUINQUENNIAL CENSUS IS NOT REQUIRED)
Who must declare?
• Legal entities headquartered in Brazil with direct non-resident participation in their share capital, in any amount, and with net equity equal to or exceeding US$ 100,000,000.00 (one hundred million U.S. dollars) as of December 31 of the base year.
• Investment funds with non-resident shareholders and net equity equal to or exceeding US$ 100,000,000.00 (one hundred million U.S. dollars) as of December 31 of the base year, reported by their administrators.
Declaration Period: July 1 to 6 PM on August 15 of the year following the reference period.
Reference Date: 12/31/2024.
2) QUINQUENNIAL CENSUS (APPLICABLE TO YEARS ENDING IN ZERO (0) OR FIVE (5)
Who must declare?
• Legal entities headquartered in Brazil with direct non-resident participation in their share capital, in any amount, and with net equity equal to or exceeding US$ 100,000,000.00 (one hundred million U.S. dollars) as of December 31 of the base year.
• Investment funds with non-resident shareholders and net equity equal to or exceeding US$ 100,000,000.00 (one hundred million U.S. dollars) as of December 31 of the base year, reported by their administrators.
Deadline: Waived this year.
Reference Date: 12/31 of years ending in 0 (zero) or 5 (five).
The Emerenciano, Baggio & Associados – Advogados law firm is available for any further clarifications on this topic, as well as to assist in meeting the obligations outlined in the applicable legislation.
References:
a) Declarant’s Manual – SCE-Credit. Available at https://www.bcb.gov.br/content/estabilidadefinanceira/rde/manuais_RDE/Manual-SCECredito.pdf
b) BCB Resolution No. 278, of 12/31/2022. Available at https://www.bcb.gov.br/estabilidadefinanceira/exibenormativo?tipo=Resolu%C3%A7%C3% A3o%20BCB&numero=278
c) Declarant’s Manual – Foreign Capital Census in the Country. Available at https://www.bcb.gov.br/content/estabilidadefinanceira/cambiocapitais/Manual_CENSO.pdf
d) Declarant’s Manual – SCE-IED – events until 09/30/2024. Available at https://www.bcb.gov.br/content/estabilidadefinanceira/rde/manuais_RDE/Manual-SCEIED2.pdf
e) Declarant’s Manual – SCE-IED – events from 10/01/2024 onwards. Available at https://www.bcb.gov.br/content/estabilidadefinanceira/rde/manuais_RDE/Manual-SCEIED3.pdf
This content is for informational purposes only and does not constitute any type of consultancy, recommendation, or technical and/or legal guidance for specific cases regarding the topics discussed herein.
Original Article Link: https://www.emerenciano.com.br/blog/index.php/2025/03/25/atencao-aos-prazos-para-as-declaracoes-de-capitais-bacen-2025/
