Countries › Brazil › Guide › 5. FX and capital controls › FX penalties and enforcement in Brazil: blocked transfers, Central Bank fines and forfeiture
FX penalties and enforcement in Brazil: blocked transfers, Central Bank fines and forfeiture
Last verified: 2026-10-27 · Status: Stable
Brazil enforces its FX rules mainly through Central Bank administrative proceedings under Lei nº 13.506, blocking of transfers linked to unreported operations, and forfeiture of undeclared cash at the border. For breaches of capital reporting rules the Central Bank can impose fines and bans on certain operations; for supervised institutions fines can reach the greater of 0.5 percent of revenue or R$2 billion. Overpricing imports to obtain FX carries a fine of 5 to 100 percent of the operation.
USD figures use the Banco Central do Brasil PTAX selling rate of R$5.5007 per US dollar for 26 October 2026, the last rate published before verification. Conversions are for orientation only; the rate on the day of each FX contract will differ.
Key facts
| Maximum Central Bank fine under Lei nº 13.506 | Greater of 0.5% of prior year financial revenue or R$2,000,000,000 Lei nº 13.506 art. 7, as of 2026-10-27 · in force |
|---|---|
| Daily coercive fine cap | Greater of 1/1,000 of revenue or R$100,000 Lei nº 13.506 art. 18, as of 2026-10-27 · in force |
| Fine for overpricing imports to obtain FX | 5 to 100 % of operationDecreto nº 23.258 art. 6 as worded by Lei nº 13.506, as of 2026-10-27 · in force |
| Consequence of unreported foreign capital operations | Related transfers can be barred until fixed, plus penalties Resolução BCB nº 278 art. 22, as of 2026-10-27 · in force |
| Banco Central do Brasil PTAX selling rate, reais per US dollar | 5.5007 BRLBanco Central do Brasil PTAX, as of 2026-10-26 · in force |
The rule
Example: Fine cap R$2,000,000,000 or 0.5 percent of revenue, whichever is greater. / R$2,000,000,000 is about US$363,590,089; R$100,000 about US$18,180.Lei nº 13.506 of 13 November 2017, Arts. 5, 7, 18 and 36, 2017-11-13 official text · verified 2026-10-27
Cost to do it: Dividends, loan repayments or capital returns can be held up until records are fixed.Resolução BCB nº 278, Arts. 18 § 1, 19 and 22, 2022-12-31 official text · verified 2026-10-27
Example: On a US$200,000 operation (R$1,100,140): fine of R$55,007 to R$1,100,140. / US$10,000 to US$200,000.Decreto nº 23.258 of 1933, arts. 3, 6 and 6-A, as worded by Lei nº 13.506 art. 41 and Lei nº 14.286, Arts. 3, 6 and 6-A, 2017-11-13 official text · verified 2026-10-27
Worked example
- A subsidiary never declared a US$3,000,000 parent loan (R$16,502,100) in SCE-Crédito. When it tries to repay, the bank cannot process the FX without the SCE-Crédito code and schedule, and the Central Bank can bar the transfers until the record is fixed (Resolução BCB nº 278 arts. 21, 22, 28 and 29). Separately, the Central Bank can open a sanctioning proceeding in which, for an information breach, the available penalties are a fine or a ban on certain operations (Lei nº 14.286 art. 20).
Step by step
- 1. Keep a register of every foreign loan, capital contribution and asset abroad with its Central Bank code and filing dates.
- 2. Fix late or wrong declarations as soon as found; the reporting party must correct incorrect, outdated or incomplete information (Resolução BCB nº 278 art. 18).
- 3. Answer Central Bank requests fully and on time; refusal counts as obstruction (Lei nº 14.286 art. 5 § 1).
- 4. Document import prices and FX purpose codes to defend against overpricing or misclassification claims (Decreto nº 23.258 art. 3).
Common traps
- Treating reporting as a formality. Missing records block real money: dividends, repayments and capital returns (Resolução BCB nº 278 art. 22).
- Assuming fines are small because they apply to banks. Fine caps under Lei nº 13.506 are large and the Central Bank sets gradation by rule (arts. 7 and 36).
- Ignoring the 30 day windows. Most changes to loans and investments must be reported within 30 days (Resolução BCB nº 278 arts. 25, 25-A, 29 and 36).
Sources
- Lei nº 14.286 of 29 December 2021 (FX market and foreign capital), Planalto
- Lei nº 13.506 of 13 November 2017 (Central Bank and CVM sanctioning procedure), Planalto
- Decreto nº 23.258 of 1933 (FX infractions), Planalto
- Resolução BCB nº 278 of 31 December 2022 (foreign capital, external credit and direct investment), Banco Central do Brasil
- Resolução BCB nº 277 of 31 December 2022 (FX market), Banco Central do Brasil
- Banco Central do Brasil PTAX exchange rates
Related pages
- fx/foreign-direct-investment-reporting
- fx/foreign-loans
- fx/investing-abroad-from-brazil
- fx/cash-efx-and-small-payments
- regulation/business-regulation-essentials
- disputes/courts-arbitration-and-enforcement
- /country/brazil/
Related: Brazil country profile · live dashboard · central bank and release calendar · our posts on X · where Argentina is involved, see The Argentine Thread guide
