CENTRAL BANK STATEMENTS

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The Brazilian Central Bank (“BACEN”) has throughout the past years been vigorously acting on the monitoring of compliance with the several ancillary obligations under its supervision (late transmission and/or incongruences on the information transmitted may subject Brazilian companies to the application of penalties), starting, when applicable, punitive administrative proceedings, as well as applying precautionary measures such as the suspension of registrations.

For such reasons the attention to the deadlines and details on information to be provided becomes even more important. Below follows details on the main ancillary obligations to be fulfilled in the calendar year of 2022.

Foreign Direct Investment (RDE-IED)

Brazilian companies receiving foreign direct investment that have Total Assets or  Net Equity values equal or greater than R$250.000.000,00 (two hundred and fifty million reais) shall, until the date of December 30th, 2022, submit the corresponding Economic-Financial Statement encompassing data on variations (e.g., Total Assets and Net Equity) and flow (e.g., profit or loss in the quarter), pertaining to the reference date of September 30th, 2022, before the Foreign Direct Investment Modul of the Electronic Declaratory Registry (RDE-IED) of the Central Bank Information System — “Sisbacen”.

CENTRAL BANK STATEMENTS

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Annual Census of Foreign Investments

The deadline for the submission of the Foreign Investments Annual Census Statement (“Statement”) approaches and is to be delivered by August 15th, 2022.

This year the following are obliged to deliver the Statement:

(a) Brazilian companies receiving foreign direct investment which had, on December 31, 2021, a net worth value equivalent to or greater than USD100,000,000.00 (one hundred million United States Dollars);

(b) Brazilian investment funds with non-resident quota holders and with, on December 31, 2021, a net worth value equivalent to or higher than USD100,000,000.00 (one hundred million United States Dollars); and

(c) Brazilian companies with a balance of short-term commercial accounts payable (i.e., payable within 360 days) with foreigners, on December 31, 2021, exceeding USD10,000,000.00 (ten million United States Dollars).

The Statement shall be transmitted via the Foreign Investment Census Module of the Central Bank’s Information System – “Sisbacen”.

The late transmission of the Statement and/or incongruences on the data transmitted may subject the Brazilian entities to the application of penalties by the Central Bank of Brazil.