Brazil

Brazil: Brazilian government publishes the National Program for the Recovery of Contaminated Areas

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On 15 January 2021, the federal government made available on its website (https://www.gov.br/mma/pt-br/assuntos/agendaambientalurbana/ProgramaNacionaldeRecuperaodereasContaminadas.pdf) the National Program for the Recovery of Contaminated Areas, object of Ordinance MMA No. 603/2020. In summary, the program seeks to expand and consolidate data and information on key issues for the management of contaminated areas in Brazil.

Brazil: National Policy of Payments for Environmental Services is implemented

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On 14 January 2021, Federal Law No. 14.119/2021 was published to establish the National Policy of Payments for Environmental Services (PNPSA), which aims to encourage the preservation of ecosystems, water resources, soil, biodiversity, genetic heritage and associated traditional knowledge, valuing ecosystem services economically, socially and culturally. The law is already in force.

Brazil: New Bidding Bill of Law and impacts on compliance

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The new Bidding Bill of Law provides for integrity programs as well as greater control and transparency in public tenders.The Brazilian Bidding Law (Law 8,666/93) and other laws related to public procurement (Law 10,520/2002 and articles 1 to 47 of Law 12,462/2011) are about to be replaced by Bill of Law No. 4,253/2020, which was recently approved by the Federal Senate and is pending presidential sanction.The new legislation, which is 27 years in the making, provides relevant updates from a compliance perspective, such as: (i) the reinforcement of internal and external controls for public procurement; (ii) the strengthening of the relevance of a compliance program for companies willing to do business with the government; and (iii) increased sanctions for irregularities in public procurement.

Brazil: Ordinance COANA #85/2020 attributes binding effects to proceedings in the REPETRO Manual and...

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On December 8th 2020, Brazilian General Customs Coordination enacted Ordinance COANA #85/2020, approving the REPETRO-Sped e-Manual and stating that the REPETRO "Q&A" Section shall have binding effects over the customs tax authorities and the regime beneficiaries, when expressly provided.

Brazil: IBAMA and ICMBio update guidelines and criteria related to the environment conciliation phase...

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On November 30, 2020, Ordinance No. 589/2020 was published to update guidelines and criteria applicable to the environmental conciliation phase of IBAMA and ICMBio's administrative procedures, while lasts the public health emergency situation caused by the pandemic of coronavirus (Covid-19).

Brazil: Law that establishes the take-back requirements for products and their packaging comes into...

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State Law No. 11,326/2020 came into force on November 22, 2020, establishing the obligation for producers, importers, distributors and sellers to implement the take-back system of several post-consumption products and their packaging sold in the Brazilian State of Maranhão.

Brazil: General Data Protection Law is effective as of 27 August 2020

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The Brazilian General Data Protection Law (Law # 13,709/18 – LGPD) will be effective as of August 27, 2020*. Today, August 26, the Brazilian Senate rejected the House of Representative’s proposal to extend the LGPD’s effective date to December 31, 2020. The House of Representative’s proposal was included in the Bill of Law that resulted from Provisional Measure # 959/2020 issued by the Brazilian President in April 2020, which originally extended the LGPD’s effective date to May 3, 2021.

International: Digital Tax Services in Latin America

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Baker McKenzie's VAT/Indirect Tax Practice presented 'Digital Services in Latin America,' on 12 August 2020. This was the second presentation in the International VAT Conference Webinar Series, a global webinar series designed for VAT specialists from all industry sectors that aims to discuss the latest developing trends and hot topics in the VAT/GST and customs arena.

Brazil: General Data Protection Law is effective as of 27 August 2020

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The Brazilian General Data Protection Law (Law # 13,709/18 – LGPD) will be effective as of August 27, 2020*. Today, August 26, the Brazilian Senate rejected the House of Representative’s proposal to extend the LGPD’s effective date to December 31, 2020. The House of Representative’s proposal was included in the Bill of Law that resulted from Provisional Measure # 959/2020 issued by the Brazilian President in April 2020, which originally extended the LGPD’s effective date to May 3, 2021.

International: COVID-19 Global guide on public contracting

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In light of the global pandemic, governments across the globe are faced with urgent needs whose immediate coverage is a matter of life and death. Hence, these unusual and uncertain times call for rare and exceptional measures, and without much ado, governments around the globe have provided them. Common to all approaches is the will to enable public contractors to procure the urgently needed supplies to save lives and contain the pandemic without major bureaucratic hurdles.
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