A new Coaf resolution was published on November 23, 2021, which provides for procedures to be observed in relation to politically exposed persons (“PEP”), by those subject to the supervision of the public body. Coaf’s Resolution N. 40/2021 came into effect on December 1, 2021, thus revoking Coaf’s Resolution N. 29/2017
The main difference between the new Resolution and Resolution N. 29/2017 is the inclusion of new positions in the list of PEPs defined by Coaf. Members of the National Council of Justice, members of the Regional Courts, members of the Superior Council of Labor Justice and the Council of Federal Justice, members of the National Council of Prosecution Office, the Deputy Prosecutor General, Associate Federal Prosecutor General and Associate Prosecutor General of the Public Prosecutor’s Office together with the Federal Court of Accounts are now included in the list. Municipal Secretaries and Presidents, or their equivalents, of municipal indirect public administration entities are also included in the list.
It is worth remembering that the Resolution makes it explicit that not only operations involving PEPs must be carefully analyzed, but also those involving their relatives, close collaborators and/or legal entities in which they participate.
Finally, Resolution N. 40/2021 brings as an example the list of PEPs prepared by the Office of the Comptroller-General (“CGU”) in the Transparency Portal as one of the official databases made available by the Public Authorities for purposes of identifying politically exposed persons. For more information, contact Saud Advogados.