By Bertrand L.M.B de Solere and Alain Ribeiro Croix

On 29.12.2021, the Brazilian Federal Government has promulgated the law 14.286, about “exchange market, Brazilian capital abroad, foreign capital in Brazil” called also “New Legal Basis for Exchange Operations” (“Novo Marco Legal do Câmbio”).

This law shall enter into force in 29.12.2022 (one year from 30.12.2021). Within this year the Brazilian Central Bank shall issue the necessary regulation for its full application.

This new law aims to facilitate the use of foreign currency in Brazilian economy. Its main provisions are:

• Possibility to hold, in Brazil, bank accounts in foreign currencies.
• Facilitate the exchange between reals and foreign currencies, by compensation, without the intervention of the Brazilian Central Bank.
• More hypothesis of transactions executed in Brazil in foreign currencies. (Leasing; any transactions supported by loans in foreign currencies, among other hypothesis).
• Possibility to carry up to USD 10.000,00 (instead of the currently REAIS 10.000,00) in international travels.
• Possibility for individuals to negotiate up to USD 500,00 without authorization of the Central Bank.

These new provisions should foster fintech and peer-to-peer platforms.