New Foreign Exchange Bill (2019)- Why Post a Photo of 2008? (Photo blocked)
Because the new foreign exchange bill sent to Congress
in early October (PL5387 / 2019) deepens the foreign exchange liberalization
that took place over the past two decades in Brazil. Today I will comment on
the simplification of international remittances that began in 2008 and will, if
approved be a factor in strengthening financial citizenship.
The VII Central Bank Microfinance Seminar (Belo
Horizonte - 2008) was the first time that international remittances
were treated as an aspect of financial inclusion at the Central Bank of Brazil.
That year, as Deputy Governor for International Affairs, responsible for
foreign exchange regulation, under Henrique Meirelles's administration, studies
were conducted and measures taken to make life easier for citizens receiving
international remittances and to liberalize other aspects of foreign exchange
legislation 1/.
The Foreign Exchange Bill proposes two changes
regarding remittances, both subject to subsequent Central Bank regulation:
• The ability to comply with orders sent abroad through bank accounts in Reais.
Receipt of payment orders in Reais has been possible since 2008. 2 /
• The possibility of authorizing other types of
institutions - read fintechs - to process international remittances subject to
the customer and recipient identification requirement. Nowadays fintechs can send
abroad remittances of up to $ 3000 directly. Above this amount, they can only
act as bank correspondents. The first simplification in this area was also
carried out in 2008. 3 /
Only ten years after the first measures, the Central
Bank of Brazil took another step in simplifying small international remittances
by approving Circular 3914/2018. What was the news? Thereafter the transferring
organization, whether a financial institution or not, may consolidate several
payment orders, remit them in aggregate to a financial institution in Brazil
and make only one foreign exchange transaction in the country, provided that
the original amounts of each order are up to Reais 10,000. This change enables a reduction in the
transaction cost for the person receiving the money. In the 2008 regulation,
remittances in Reais were to be made individually.
Because they are not as significant in Brazil as in
other Latin American countries, remittances did not receive the same attention
of policymakers as in the case of
Mexico and Central American countries where they are an important share of GDP.
However, they are of great relevance to citizens and have a very significant
financial and transactional costs.
There exists clear inefficiencies in the area of international
remittances and, therefore, room for new technologies and less bureaucracy to thrive.
I really believe that remittances can undergo a disruptive transformation soon. Facebook intends to attempt in this area and even if it does
not succeed with Libra, other heavyweight competitors may emerge.
NOTES
1 / Details in an article by Arraes, Maria Celina
published in the Central Bank Attorney General's Magazine - v. 9 - no. 2 - ten.
2015, page 36. https://revistapgbc.bcb.gov.br/index.php/revista/issue/view/7
2 / Law No. 11,803, of November 5, 2008, allowed banks
authorized to operate in the foreign exchange market to comply with payment
orders in Reais, received from abroad, through the use of funds in national
currency maintained deposit accounts held by banks, domiciled or headquartered
abroad. Under the aforementioned Law, National Monetary Council (CMN) issued Resolution No. 3,657 of 2008, making it
possible for bank correspondents in Brazil, in national currency, to foreign
banks, with the same function performed by correspondents abroad of Brazilian
banks, to money order execution in foreign currency.
3 / CMN Resolution No. 3,568, 2008, extended the
possibility of hiring correspondents also to purchase and sell foreign currency
with customers, subject to certain conditions. These are the so-called foreign
exchange correspondents, with a broader scope than bank correspondents, as they
include companies hired by any member of the National Financial System authorized
to operate in the foreign exchange market, including non-bank institutions,
such as brokers and distributors.
The service provided by the correspondent in foreign
exchange operations is limited to the amount equivalent to US $ 3,000.00 and
should be contractually restricted to the following operations: i) purchase and
sale of foreign currency related to international travel, the so-called manual
exchange; (ii) active or passive execution of a payment order relating to
unilateral transfer to or from abroad; and iii) receiving and forwarding
proposals for foreign exchange operations. (In the first issue, only tourism
agencies registered with EMBRATUR / Ministry of Tourism NA had been authorized
as correspondent banks).
The exemption from the use of foreign exchange contract in
operations up to US $ 3,000 had been established by Law No. 11,371 of November
28, 2006, as a way to reduce transaction costs in small value operations.
Extracted from Magela, Geraldo. Exchange and International Capital. Aduaneiras.
2016.