On 15 August 2023, the Brazilian Data Protection Authority launched a public consultation on the regulation of international transfer of personal data, which will be available for 30 days (until 14 September 2023) on the Participa Mais Brasil platfom. The draft under public consultation sets forth the Resolution of the Regulation of International Transfers of Personal Data and the Standard Contractual Clauses template, establishing provisions for the international transfer of personal data according to the Brazilian General Data Protection Law.
On 8 August 2023, the Report of the Provisional Measure No. 1.172 of 2023, that provides new rules for the minimum wage in Brazil, was presented and approved by the Joint Committee in charge of this at the Brazilian Congress.
The Report incorporated the main changes on the taxation rules for individuals investing abroad, previously provided in Provisional Measure 1.171/23, which regulates the taxation of earnings by Brazilian individuals in financial investments, controlled entities and trusts abroad.
SECEX published on 31 July 2023 an official notice of initiation of a new investigation into possible resumption of antidumping duties applied (but immediately suspended) to Brazilian imports of ethanolamines, monoethanolamines and triethanolamine, from Germany.
The last sunset review concerning ethanolamines, decided by CAMEX Resolution No. 7/2019, resulted in a five year extension of the antidumping duties for imports originating in the United States and Germany. However, the antidumping duties applicable to the Brazilian imports from German were suspended due to the existence of doubts as to the probable future development of imports from this origin.
The Brazilian Secretariat of Foreign Trade published on 31 July 2023 an official notice of initiation of a new investigation against Brazilian imports of gloves used for non-surgical procedures from Malaysia, Thailand and China (Circular No. 27, dated 28 July 2023). The investigated product is mainly used for non-surgical medical, dental or veterinary procedures and is commonly classified in the sub-items of the Mercosur Common Nomenclature (NCM) 4015.12.00 and 3926.20.00.
On 25 July 2023, Provisional Measure No. 1,182/2023 was issued, amending Law No. 13,756/2018, to discipline the operation of the fixed-odds lottery by the Union, that is, mainly to regulate the performance of sports betting sites in Brazil, among other minor points.
On 7 July 2023, the Substitutive Amendment to Bill No. 2,384/2023 was approved, with the purpose of disciplining the proclamation of judgment results in the event of a tie vote within the scope of the Administrative Council of Tax Appeals (CARF), among other measures connected to tax litigation and the transaction in the collection of credits by the Federal Treasury.
On 6 July 2023, the Brazilian National Data Protection Authority (ANPD) issued its first sanction for non-compliance with the Brazilian General Data Protection Law (LGPD). The ANPD’s General Supervision Coordination determined the penalties in conclusion to the administrative sanctioning process against a small business entity, due to violation of articles 7 and 41 of the LGPD, and article 5 of Resolution CD/ANPD No. 1/2021.
On 3 July 2023, the Brazilian president sanctioned Law n. 14,611/2023, which aims to ensure equal payment for women and men who perform the same activities. The new regulation also creates greater sanctions for employers.
Our latest Antitrust and Competition Handbook is now available. We have developed this guidance as a practical resource for multinationals trying to harmonize their approach to antitrust compliance in different countries in Latin America, as well as for local companies that are bringing their compliance programs up to international standards.
The Brazilian Secretariat of Foreign Trade opened, on 22 June 2023, a new investigation to assess whether the Chinese government granted actionable subsidies to its national producers who exported fiber-optic cables to Brazil. The investigation may result in the imposition of countervailing measures and the consequent increase in the cost of Brazilian imports of fiber-optic cables for a period of five years. In parallel, there is another ongoing investigation into the alleged practice of dumping by Chinese manufacturers/exporters of the same product, which may result in the imposition of antidumping duties, further raising the cost of Brazilian importers.