What Brazil Lei 9.613 de 3 de Marco de 1998 (Anti-Money Laundering Law) as Amended by Lei 12.683/2012 - Money Laundering Offence, Obliged Persons and COAF / UIF Reporting requires
Brazil's Lei 9.613 of 3 March 1998 (Lei de Lavagem de Dinheiro), as comprehensively amended by Lei 12.683 of 9 July 2012, is the principal federal statute criminalising money laundering in Brazil and imposing obligations on a broad list of obliged persons (pessoas obrigadas) to identify customers, maintain records and report suspicious transactions to the Conselho de Controle de Atividades Financeiras (COAF), now operating within the Banco Central do Brasil as the Unidade de Inteligência Financeira (UIF) following Lei Complementar 187/2021 and Decreto 10.270/2020. Article 1 of Lei 9.613/1998 criminalises money laundering as concealing or disguising the nature, origin, location, disposition, movement or ownership of assets, rights or values derived directly or indirectly from any criminal offence (the Lei 12.683/2012 amendment removed the prior closed list of predicate offences, making money laundering a derivative of any criminal offence including tax offences from Lei 8.137/1990); penalty is imprisonment from three to ten years and a fine, increased by one-third to two-thirds where the crime is committed in a systematic manner or through a criminal organisation. Article 9 lists the broad scope of obliged persons including: financial institutions and equivalents under Lei 4.595/1964 article 17, insurance companies and pension funds, securities and commodity brokers, distributors of lottery tickets, real estate transactions, dealers in jewellery, precious stones, precious metals and works of art, factoring companies, junkets and casinos in jurisdictions where authorised, electronic-asset and virtual-asset service providers (after the Lei 14.478/2022 cryptoassets framework), legal and accountancy professionals providing covered services, and dealers in luxury goods. Article 10 requires obliged persons to identify customers and beneficial owners, maintain records for at least five years, and adopt internal controls and policies. Article 11 requires reporting of suspicious transactions and operations meeting specified thresholds to COAF/UIF within twenty-four hours of identification, regardless of execution. Article 14 establishes COAF as the FIU (now operating in the Banco Central do Brasil under Lei Complementar 187/2021). Sanctions for failure to comply include administrative penalties up to BRL 20 million or twice the suspected operation value (whichever is greater), with the Banco Central, the Comissão de Valores Mobiliários (CVM), the Superintendência de Seguros Privados (SUSEP) and other functional regulators exercising sectoral supervisory powers under their respective enabling laws. Brazil is a FATF member and the AML regime aligns substantively with the FATF 40 Recommendations following the 2010 and 2023 mutual evaluations.
Pillar: Financial Crime, AML & Sanctions · Authority: Presidência da República of the Federative Republic of Brazil; Lei 9.613 of 3 March 1998 (Lei de Lavagem de Dinheiro) enacted and promulgated as federal law; comprehensively amended by Lei 12.683 of 9 July 2012; COAF restructured under Banco Central do Brasil by Lei Complementar 187 of 16 December 2021 and Decreto 10.270 of 6 March 2020; published in the Diário Oficial da União · Version: 1.0.0 · Last updated:
Primary source: https://www.planalto.gov.br/ccivil_03/leis/l9613.htm
SHA-256 integrity: 279ddc8e12836f966ceaaaf507e6af786076595a79d00183c32a93a0f2afa8e2
Primary Citations — 8 traced to source
- Lei 9.613 of 3 March 1998 (Lei de Lavagem de Dinheiro) of the Federative Republic of Brazil, as comprehensively amended by Lei 12.683 of 9 July 2012, published in the Diário Oficial da União, codifying the money-laundering offence (Art. 1 of the Lei, three to ten years imprisonment and fine with increases for systematic conduct), obliged persons (Art. 9), customer identification (Art. 10), suspicious transaction reporting to COAF / UIF within twenty-four hours (Art. 11), and the establishment of COAF (Art. 14)
- Lei Complementar 187 of 16 December 2021 - confirms the restructuring of COAF as the Unidade de Inteligência Financeira (UIF) under the Banco Central do Brasil with autonomy and independence per FATF and Egmont Group requirements
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