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The Brazilian Secretariat of Foreign Trade issued on 8 March 2023 a new ordinance that renders the assessment of public interest (API) an optional proceeding in original dumping and subsidy investigations. Under the previous regulation, the API was mandatory in such original investigations and thus initiated ex officio by the Brazilian Department of Trade Defense, together with the opening of every new investigation.

On 3 March 2023, Brazil issued two new decrees regarding the organizational structure and attributes of the Foreign Trade Chamber and the Ministry of Development, Industry and Foreign Trade. These are the two main bodies responsible for, among other things, defining Brazil’s foreign trade policies, including the application of trade defense measures.

In episode 4 of the Compliance Podcast of the Caracas office of Baker McKenzie, Jesús Dávila speaks with partner Giovani Tomasoni, Environment and Climate Change attorney of Sao Paulo’s office of Trench Rossi Watanabe, about sustainability matters and the regulation in Brazil.

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

Two new regulations were published on 13 February 2023. The regulations, which directly impact the business sector, are the following: (i) Federal Decree No. 11,413/2023, which established three new reverse logistics credit certificates at the federal level: the Reverse Logistics Recycling Credit Certificate, the Certificate of Structuring and Recycling of Packaging in General and the Future Mass Credit Certificate; and (ii) Federal Decree No. 11,414/2023, which reinstituted and reformulated the pro-scavengers program, subject of former Federal Decree No. 7,405/2010, revoked in 2020.

On 1 February 2023, State Decree No. 112/20231 was published, establishing the take-back requirements system for packaging in the state of Mato Grosso. The decree is the first specific regulation on the subject in MT, regulating the state policy for solid waste (Law No. 7,862/2002) in this regard.

The Brazilian Federal Revenue Service’s Normative Instruction No. 2119, published on 6 December 2022, amended the provisions on the requirements to the General Taxpayer’s Registry under the Brazilian Federal Revenue Service, as well as the provisions related to the Disclosure of Ultimate Beneficial Owner with the Federal Revenue Service.

On 17 January 2023, State Decree nº 16,089/20231 was published, establishing and updating the take-back requirements system for packaging in the state of Mato Grosso do Sul. In summary, the decree becomes the new regulatory standard on the take-back requirements system for packaging in the state.

IBAMA Directive No. 16, 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.

This a reminder that the end of December is the legal term for companies that receive foreign investment to comply with the Declaration of Economic and Financial Information by submitting their financial data, related to the base date of 30 September 2022, in the Central Bank’s system, as per Resolution No. 3,844, of 23 March 2010, of the Brazilian National Monetary Council and Circular No. 3,814, of 7 December 2016, of the Central Bank.