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Heloisa Uelze

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Heloisa Uelze is a partner at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

Through Directive Release No. 2/2021/CVM/SIN, CVM issued guidelines on the minimum elements that must compose the compliance activities and the compliance report provided for in Articles 19 to 22 of CVM Instruction No. 558 (ICVM). The purpose of the document is to present to securities portfolio managers registered with CVM the topics that must be observed by the compliance area and, consequently, appear in the compliance report, as well as the corresponding tests that must be included. It is important to remember that, if the compliance area does not act independently or does not carry out its activities as required by ICVM 558, the institution may suffer sanctions, ranging from the issuance of an alert letter to, at the maximum, termination of society as a securities portfolio manager. The report regarding compliance activities in 2020, which must be prepared by April 2021, should observe the guidelines described in this directive release.

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.

The COVID-19 pandemic has affected all countries in Latin America. Administrative measures that limit or restrict economic activity have been adopted in most countries. Only some activities or industries have been able to continue operating, while the rest of the companies are waiting for the restrictions to be lifted in…

In view of the health crisis in Latin America following to the outbreak of COVID-19, as well as the economic and social impacts of this situation, many people and companies have expressed interest in collaborating with the governments to support their goal of preventing and controlling the spread of the…

On June 25, 2019, State Law No. 20,489/2019 was published in the Official Gazette of the State of Goiás. The Law determines the mandatory implementation of Integrity Program for companies that enter into contracts, consortium, agreement, concession or public-private partnership with the public administration of the State of Goiás, in amounts equal…

On June 21, 2019, two ordinances were published by the Ministry of Infrastructure in the Official Gazette of the Union with the approval of Codes of Conduct of the Ministry regarding meetings, hearings and reunions, and participation in events by public agents of the Ministry. Ordinance No. 2,775 approved the Code of…