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Brazil: IBAMA publishes a Directive establishing a new system for Forest Origin Traceability Document (DOF+)

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In brief

IBAMA Directive No. 16 (“Directive“), which became effective on 5 December 2022, introduced a system for Forestry Traceability Source Document (DOF+) as a tool for issuance, management and monitoring of mandatory licenses for the transport and storage of forestry products from native species in Brazil.

In more detail

The system will control all new authorizations for forestry activities issued by the Forestry Products Origin Control National System (“Sinaflor“) or sent to it by the integrated state systems as of 5 December. The system can be accessed through the IBAMA website.

In addition, the Directive established that the old and new systems will coexist until the data transition is completed. It also stipulated transition rules.

It is worth mentioning that the old system is the one established by MMA Ordinance No. 253/2006 and regulated by IBAMA Directive No. 21/2014 and amendments.

As such, the Directive foresees that those yards already in operation and authorizations issued prior to the implementation of the DOF+ system should remain in the old system until the data is migrated to the new system. IBAMA will set the data migration deadline.

During the systems transition period, forestry products registered in the systems must be transported with the documents issued by the respective systems (DOF or DOF+), even in the event of a single freight. In such case, it will be admitted under the same invoice referenced in both transport documents. If any irregularity is detected, the eventual administrative infraction will be restricted to the corresponding products of the respective transport document.

The conversion of forestry products through industrial or semi-mechanized processes must also be registered in the new DOF+ system.

Moreover, Annex IV of the Directive contains the technical glossary for the registration of raw and processed products in the mentioned system, adopting only secondarily the definitions of Annex III of Directive No. 21/2014, which regulates the old system.

The Directive also stipulates that the state’s own forestry product registration systems will be integrated with the DOF+ by 30 June 2023. Until then, information updates on forestry products originated in states that hold their own systems and destined for other states must remain in the old system.

Finally, changes were made in the old system regulation (IBAMA Directive No. 21/2014) regarding customs terminal transport and export registration that will also apply to the new system.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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