NEWSLETTER MNA - JANUARY, 2010 - nº 43

CLIPPING

Brazil may invest US$ 388m (BRL 677m) in ports for the World Cup
(Source: Daniel Popov / Agência Estado)

The Special Ports Department expects to earmark some BRL 677 million (US$ 388 million) this year for renovating or building tourist port terminals in seven of the 12 Brazilian states that will host matches in the 2014 World Cup.

Apart from the construction of new terminals and the renovation or expansion of existing ones, the funds will also be allocated to works for improvement of routes for land access and port infrastructure, with the expansion of piers and the placing of skids for vessel docking. The dredging for expansion of the draft of the canals (necessary for arrival of large vessels) in these and other ports had been included in the government’s Growth Acceleration Program (PAC) in 2008 and should expend another BRL 1.6b by the end of 2010.

The amount to be invested in passenger terminals was calculated based on projects prepared by the administrators of the ports of Salvador, Recife, Natal, Fortaleza, Santos, Rio de Janeiro and Manaus, according to the Special Ports Department.

Law no. 12187/2009 - Establishes a National Policy on Climate Change – PNMC
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer from Miguel Neto Lawyers – SP specialist in Environmental Law)

Near the end of 2009, on December 29, President Lula enacted Law No. 12187 that has finally established a National Policy on Climate Change - PNMC.
Click on the link below for the full text (Portuguese language original) of the law that introduces, by way of a national voluntary commitment, goals for reducing greenhouse gas emissions by 36.1-38.9 percent for productive sectors and also provides for credit facilities, public funding, and tax incentives for adoption of the aforementioned goals.

Leader in resources, Petrobras invests in carbon sequestration initiatives
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer from Miguel Neto Lawyers – SP specialist in Environmental Law)

Most of the resources invested in projects for carbon sequestration are originated from Petrobras. This investment comes from an obligation under all concession agreements for oil exploration with the ANP (National Agency of Petroleum, Natural Gas and Biofuels).

This investment should correspond to 1 percent of the gross revenue from research and development projects in general.

The special carbon sequestration agreements started only three years ago through the creation of the so-called Thematic Network of Carbon Sequestration and Climate Change - a sort of umbrella which brings together all projects funded by the state-owned company.

Thus far, the company claims to have invested R$ 30 million in 37 research projects of the network. According to Petrobras, nearly 90 percent of the network is focused on developing techniques for geological storage of carbon.

Petrobras has nonetheless stated that as yet, nothing in this regard has been put into practice in the company’s business- these projects are still mostly at their early stages.

How the underwhelming Copenhagen accord could yet turn into a useful document
(Source: From The Economist print edition - Dec 30th 2009)

FACED with the undoubted grandeur of climate change, a grand response seems in order. But, to the immediate disappointment to most of those participating and watching, the much anticipated UN climate conference held in Copenhagen in December led to no such thing.

Initial ambitions for a legally binding agreement with numerical targets for big emitters had already been abandoned in favor of a “politically binding” deal in which developed and developing countries would commit themselves to numerical targets to cut emissions. In the event a few countries produced a short “accord” that sets down no specific limits for future emissions beyond those that its signatories volunteer and the commitments they have made so far do not look tough enough to limit the rise in temperature to 2°C above pre-industrial levels, the widely accepted boundary beyond which scientists do not recommend going.

Hardly a grand response. Yet the Copenhagen accord is not the disaster that it at first appears. On two issues, in particular the Copenhagen conference may yet mark the beginning of a new way forward.

First, the UN’s climate process has for more than a decade been bedeviled by a binary split between developed and developing countries. Under the Kyoto protocol, only developed countries committed themselves to cutting emissions; developing countries made no such promises. That was the main reason why Kyoto failed, because America would not accept a treaty that required nothing of countries such as China, and China insisted that the rich world should bear most of the necessary costs of constraining emissions. At Copenhagen developed countries were determined to move beyond this structure; many developing countries to hang on to it. That was the obstacle on which the conference foundered.

Yet the Copenhagen accord makes some progress towards closing this split. Developing, as well as developed, countries signed up to it, and have agreed to an international role in monitoring any cuts they commit themselves to. That is a crucial concession.

National Fund on climate change
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer from Miguel Neto Lawyers – SP specialist in Environmental Law)

President Luiz Inácio Lula da Silva enacted a law that creates the National Fund on Climate Change FNMC (Law no. 12114/09). This act was published in the Federal Official Gazette on December 10, 2009, on the third day of the meeting organized by the United Nations - UN, in which representatives from different countries discussed the changes in climate in the United Nations Conference on Climate Change in Copenhagen (Denmark).

FNMC amounts are earmarked for: (a) financial support through lending, by means of an Operating Agent (refundable amounts) and (b) financial support for projects designed for mitigating climate change or adapting to climate change and its effects, as approved by FNMC Steering Committee, pursuant to the guidelines previously established by the Committee (non-refundable amounts).

Agreement that waives the necessity of translating - Mercosul and State Parties
(Source: Atene Law Consulting, 16/12/2009)

The Agreement that waives the necessity of translating administrative documents for immigration purposes between Mercosul State Parties, the Republic of Bolivia and Republic of Chile will only apply to documents presented for immigration affairs regarding visas requests, revalidation of the period of stay and the granting of permanent residency. Foreign nationals from any of the State Parties are exempt of presenting translations of the following documents: Passport, Identity Card, Birth Certificate or Marriage Certificate and Certificate of Clean Criminal Record.

2010 the peak years of investment in infrastructure and a new hope in the fight against unemployment
(Cristina de andrade Salvador– Partner, Miguel Neto Advogados Associados, Corporate Law specialist and Develop of New Business and Angélica Topan - Develop of New Business Intern)

Research shows that starting in January there is great expectation that investments are made more quickly, estimating that the annual pace of them will leave the current level of $ 100 billion and will head for a total of $ 160 billion per year .

Certainly we can say that some of the major projects of the country such as My Home, My Life, the PAC (Program to Accelerate Growth) and the pre-salt, added to the infrastructure needed to meet the demands of World Cup and the Olympics should help to boost the investment rate in the country throughout the first half of next decade.

According to researchers only, investment in the production of oil and gas in the pre-salt will reach U.S. $ 75.3 billion a year from 2015.
For the government, the pace of contributions in the infrastructure sectors may be even greater than indicated. According to the president of BNDES, Luciano Coutinho, Brazil will recover, perhaps as early as 2010, an annual investment rate of 20% of GDP (Gross Domestic Product) and this is one of the main goals of the PDP (Productive Development Policy).

As the job, we can be more hopeful, because after this world crisis with new world events to come, no doubt that the expectations of the hiring become positive in all sectors and levels.

A survey by the Human Resources Ricardo Xavier said that among the places that were offered in November, 82% were of Brazilian companies and 18% of multinational companies.

The three cities that offered more seats in last November were São Paulo, Rio de Janeiro and Salvador.

It is easy to see that the few data mentioned above lead us to believe we will have a year or maybe a few years accelerating in the legal services we provide, yarning to maintain quality and provide the services of those who seek us.