Five-Year Census of Foreign Capital in Brazil (2021)

We inform you about the deadline that will expire on August 16*, 2021 at 6 p.m. (Brasilia’stime) for the presentation to the Brazilian Central Bank of the five-year statement of the Census of Foreign Capital in Brazil, related to the base-year 2020, as provided by the Ruling No. 3,795, of June 16, 2016.

1. Who shall submit the five-year statement. The legal entities headquartered in Brazil which on December 31, 2020 met one of the criteria below:

(i) The legal entities headquartered in Brazil that have non-residing individuals or legal entities as shareholders, regardless of the amount of their foreign investment;

(ii) The investment funds that have non-residing individuals/legal entities as quotaholders (the statement shall be submitted by their officers);

(iii) The legal entities headquartered in Brazil that are debtors of short-term foreign credits (payable within 360 days) granted by non-residing individuals or legal entities, in an amount equal to or over US$ 1 million dollars, pursuant to the quotation as of December 31, 2015.
For the conversion of currencies, please access https://www.bcb.gov.br/conversao

2. Who is not obliged to submit the five-year statement. The presentation of the referred-to statement is not mandatory to: (i) individuals; (ii) direct administration bodies of city, state and federal level; (iii) legal entities that are debtors of transfers of external credits granted by institutions headquartered in Brazil; e (iv) non-for profit entities maintained by the contribution of non-residing individuals/ entities.

3. Penalties. Failure to timely provide the information or the provision of false, incomplete or incorrect information shall submit the violators to the penalties defined by the applicable regulations.

4. Aim of the Census and Confidentiality of Information. The Census is intended to enable the preparation of macroeconomic statistics of the external sector, mainly related to direct investment in Brazil and external liability, in order that the information collected may be used in the development of the Brazilian economic policy. The Brazilian Central Bank will disclose only the statistical data compiled and the confidentiality of individual information provided in the statements will be preserved.

Araújo e Policastro Advogados is at your disposal for any further information and to assist you with the measures required for the presentation of the statement of the Five-Year Census of Foreign Capital in Brazil.

* The original deadline of August 15 will be Sunday, therefore it has been postponed to the following business day, as per the applicable Ruling.