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Infrastructure and energy
New Sanitation Executive Order renews and deepens advances for private sector participation
The enactment of a new version of the Sanitation Executive Order took place in the transition between governments at the federal level later this year. The first version of the Executive Order lost its effectiveness due to the expiration of the...
Decree No. 9,616 amends the Gas Law bringing advances in the natural gas industry
On the eve of the end of the government and with frustrated expectations regarding the advance of Bill No. 6,407/2013 (the Gas Bill), President Michel Temer enacted on December 17, Decree No. 9,616 in order to amend Decree No. 7,382/2010, which...
The opening of airlines' capital to foreign investment
On December 13, President Michel Temer signed Presidential Decree (MP) No. 863, which extinguished the 20% limit on the participation of foreign capital in Brazilian airlines. With immediate effect, the MP will allow foreigners to hold up to 100%...
Collision between vessels on the island of Corsica: analysis of the civil liability regime for oil pollution according to international conventions
The collision of the Tunisian-flagged container ship Ulysse with the Cypriot-flagged freighter CLS Virginia near the island of Corsica in the Mediterranean Sea in early October spilled dozens of cubic meters of fuel oil and mobilized French and...
New government will inherit good rail projects to be executed in the short term
In September, BNDES approved four credit transactions for three different companies in the rail sector, totaling almost half a billion Brazilian Reais for the revitalization of lines, maintenance of equipment, and purchases of new railcars and...
Project bonds and the Brazilian market
The infrastructure financing sector in Brazil has undergone significant structural and strategic changes in the last two years. These changes were mainly focused on the strategic redefinition of the National Economic and Social Development Bank...
Ordinance standardizes the terms for classifying projects in the logistics and transportation sector as priorities
With the issuance of GM Ordinance No. 517/2018, the Ministry of Transport, Ports, and Civil Aviation provided guidance, at the beginning of October, on the procedures and requirements for the approval of investment projects as a priority in the...
Corporate conflicts in judicial reorganizations
In view of Brazil's current economic scenario, many companies have filed applications for judicial reorganization as a way of renegotiating their debts in order to maintain their activities and carry out their corporate purpose. Often, they must...
The new National Railway Development Fund
Presidential Decree (MP) No. 845/18, published on July 20, established the National Railway Development Fund (FNDF), with the objective of allocating resources to the national railway system. The FNDF will give priority to the implementation of the...
Sanitation Presidential Decree favors structuring of new projects
Awaited since November of 2017, the Sanitation Presidential Decree was finally promulgated on July 9. Despite the differences with respect to the versions submitted for public consultation, the rule maintained its foundations, which, if confirmed...
5th round of concessions: the movement of the airport infrastructure sector
On May 29, the federal government published the initial drafts of the call for bids and concession contract for the new round of federal concessions, which will include 13 airports, distributed in three blocks: Northeast Block: Recife (PE), Maceió...
Antaq contemplates provisions of Decree No. 9,048/17 in its regulations
Antaq contemplated the main changes brought in by Decree No. 9,048/17 in relation to private port terminals (TUPs) in Normative Resolution No. 20/2018, published in May of this year, and revoked the previous resolution on the subject (Resolution...
Brazil-US open skies agreement awaits only presidential decree to take effect
After the approval and promulgation of Legislative Decree No. 15/2018 by the Federal Senate, on March 20, the Agreement on Air Transport between Brazil and the United States (Open Skies), signed by former presidents Dilma Rousseff and Barak Obama...
New bids in the port sector: investment opportunities
The public notice for projects qualified during the fifth meeting of the Council of the Investment Partnership Program (CPPI), held on March 25, is expected to be published by next quarter, and the auction is expected to be held later this year for...
BNDES: new interest rates benefit infrastructure
In accordance with a "strategic reflection" process that redefines its central role in financing transactions to a profile that is more complementary to the capital market, BNDES has announced new financing conditions that establish priority areas...
Reform of the electricity sector and incentives for renewable energy sources
The Ministry of Mines and Energy (MME) submitted to the President of Brazil a proposed bill (PL) relating to the reform of the electric sector and covering a variety of significant changes to the sector that have long been awaited. The final text...
A review of the decision on the validity in Brazil of maritime mortgages registered abroad
The validity of maritime mortgages registered abroad has been subject to judicial battles for the past few years in Brazil, in the context of the OSX 3 Leasing B.V. case. The debate has finally reached a positive outcome for creditors, represented...
New framework for regulatory agencies
Since the Social Security Reform failed, the Federal Government announced that it will prioritize institutional micro-reforms. One of them is the new framework for regulatory agencies, the subject of Senate Bill (PLS) No. 52/2013. The new framework...
Procedures for formalizing the fiduciary assignment of receivables from CCEARs and CERs
The expansion of the power sector, one of the flagships in Brazil's infrastructure, has been assured in recent years by investments obtained in several auctions of new, existing, and reserve energy held by the Federal Government through the...
Changes in mining regulations advance, but leave much to be desired
After lengthy discussions, at the end of November the Federal Senate approved two presidential decrees that alter the legislative environment of the mining sector. MP 789, which modifies the rules of Financial Compensation for the Exploration of...
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