By Decree 433/2023 and General Resolution No. 5414/2023 of the Federal Tax Administration, new benefits were established until 31 October 2023 for companies that enter into price agreements — or adjust the existing ones — with the Secretary of Commerce.
On 31 August 2023, the Financial Information Unit (UIF, for its Spanish acronym) issued Resolution UIF No. 169/2023, by which new guidelines were established for the management of money laundering and terrorist financing risks and minimum compliance for obliged entities of the sector (companies that carry out capitalization and savings operations) in order to manage procedures of control for risks generated by possible money laundering and terrorist financing actions by third parties. The Resolution will become effective on 1 November 2023.
As the constant changes in the region can affect companies’ operations, for effective decision making, it is vital to have updated information about the employment landscape in each of the jurisdictions.
In this quick overview, the Employment & Compensation group presents the main recent regulatory developments in Latin America, highlighting critical issues to consider.
On 30 August 2023 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.
The Ministry for Productive Agriculture and Lands issued Administrative Ruling INSAI No. 007/2023 (“Administrative Guidelines”) on 6 June 2023, establishing the rules that regulate the registry, supervision and control of agro-ecological or organic consumables which became effective on 8 August 2023 (i.e., date of its publication in the Official Gazette).
The Administrative Guidelines also regulate activities related to the manufacture, formulation, import, export, commercialization, distribution, packaging, storage, sale, transport, application, release, advertising, quality control and research of Products for agricultural, industrial, domestic, public health and livestock use in Venezuela.
The proposed law which regulates the use of Artificial Intelligence in Brazil considers a risk-based approach inspired by the EU AI Act and looks at high, medium and low risk obligations and liabilities.
SECEX published on 11 August 2023 an official notice of initiation of a new sunset review investigation concerning the antidumping duties in force against Brazilian imports of nitrile rubber originated from South Korea and France (Circular No. 29, dated of 10 August 2023). The investigated product is used by the general industry, in the automotive industry, and in the segment of mineral oils, which require strength, as well as great resistance to heat and abrasion.
By means of Resolution No. 1200/2023 published in the official gazette on 22 August 2023, the National Communications Entity (Ente Nacional de Comunicaciones, or ENACOM for its acronym in Spanish) extended the term for mobile service providers to comply with the Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number, which was approved by Resolution No. 263/2023.
On 21 August 2023, the decree by which the Influencers Advertising Guide of the Federal Consumer Protection Office (PROFECO) was published, which is a reference tool for content creators, influencers, and the general public for due compliance with the provisions on advertising established in the Federal Consumer Protection Law.
The Brazilian Data Protection Authority opened on 16 August 2023, a public consultation regarding the Preliminary Study on the personal data processing legal basis of legitimate interest. The consultation will be open for 30 days (until 15 September) on the Participa Mais Brasil platform.