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Regulatory Review Announced will Impact Shipping Industry

In federal administrative law, regulatory review refers to processes used by Congress, the president, and the courts to oversee the rules, regulations, and other policies issued by federal agencies.

Brazilian Comex and Shipping Players know how difficult is to be in compliance with all the rules imposed as a way of “controlling” the activity.

Recently a decree was issued stablishing a revision of federal rules and regulations. The laws currently in force will be repealed, simplified and republished within 18 months.

The measure is being called, behind the scenes, “Revisaço” and aims to reduce costs with unnecessary burocracy and regulations in between 160-200 billion reais.

The review will update, simplify and consolidate the regulations. The idea is to eliminate outdated rules and simplify the regulatory landscape, ensuring greater legal certainty for entrepreneurs and investors.

On Comex, we currently have importers and exporters who must comply with regulations that are published, almost daily, by each of the various agencies involved in foreign trade.

Players are subject to heavy penalties (fine, cargo forfeitur, closure of the company, among others) if they fail to comply with all accessory obligations.

On the other hand, we have the entire Shipping chain that has the obligation to provide numerous information, since the arrival of the ship, operation, departure, port of origin, port of final destination, being required to feed SISCOMEX Cargo and Port without Paper. They are also subject to various penalties. Among them, the fine of R$ 5,000 that worries maritime agents and, although illegal is one of the great reasons for the “Brazilian Cost”.

It is obvious the importance of the public agencies regulation and that the sectors have some kind of control.

However, the great truth is that players in the industry suffer from the numerous obligations created over the years.

Therefore, the “Revisaço” demonstrates the Government’s concern with the players wishes to reduce bureaucracy and the costs of foreign trade.

The final result of the consolidation is expected to come out in 2021. After the end date, taxpayers will no longer be subjected to fines based on outdated rules.

The process of review and consolidation of the rules can be suggested by any interested party, through the Federal Executive Branch Ombudsman System.

Brazilian Law Office is Finalist for Lloyd’s List Americas

Promare is among the seven finalist offices of the international award, organised by Informa Group, the Lloyd´s List Americas Awards. The law firm competes in the “Maritime Law Excellence” category and the result will be announced at a ceremony in Houston on September 24.

The law firm is based in North-Northeast Brazil and is competing for the Americas prize against the largest law firms in the United States, being the only Latin American law firm on the finalist list. This is the top prize in the entire Shipping industry.

Lloyd’s List Americas is the industry awards program that recognises and rewards excellence in all fields of the maritime industry. Through extensive research with players in the segment, Lloyd’s publishes a list of finalists, who are judged and chosen as the best by a community of associations and industry leaders, making the Lloyds List Awards a highly desirable award of distinction.

The exclusive maritime event will feature two expert-led discussions on how marine fuels have advanced and how they meet decarbonisation targets, coupled with the presentation of awards judged by a panel of data-proven associations and industry leaders.

The law firm was founded in 1999 focused on maritime commerce based in the north- northeast of Brazil with national and international reach. The law firm provides advice on maritime commerce with simple but legally safe business transactions, offering a pragmatic approach to all the areas that are strategic to the operation and expansion of a businesses in this sector.

Promare is a dynamic, modern office with traditional values based on commitment, proactivity, passion, integrity, strategic vision and results.

The North-Northeast runs through our veins and in recent years we have been hard at defending the logistics of Northern Arc and the players that use it. We operate in the region in Emergency Response system 24 hours a day, 7 days a week, in situations of Shipping casualties and incidents.

We are extremely honoured to be part of the Lloyd’s List Americas 2019 exclusive shortlist. We thank all our staff for their excellent work and all our clients and partners for their trust. Honoured to be representing our country and the North-Northeast region!

Compliance and Anti-Corruption Efforts in Brazil

In face of challenges of advocacy and the world scenario as a whole, and in line with their Values and Beliefs, Promare started implementing the Promare Compliance Program.

Their Compliance Program is focused on creating a set of internal integrity mechanisms and procedures in the fight against corruption, encouraging, through preventive and ostensive measures, the adoption of conduct in accordance with the ethical laws applicable to advocacy as well as to the field of performance of their customers.

Thus, their Program is one of the six main pillars:

  1. Identifying and encouraging compliance with laws and regulations, including anti-corruption legislation and policies;
  2. The creation of an internal control mechanism for the implementation, execution and monitoring of the program;
  3. Encouraging its direct and third-party employees to comply with the Promare Code of Ethics and Conduct and anti-corruption laws and regulations;
  4. Preventive action to prevent fraud and illicit;
  5. The establishment of disciplinary measures and remediation of possible damages in case of violation to the standards related to Compliance Promare
  6. The adoption of transparency regarding donation to candidates and political parties.

Their team, aware that the corporate conduct is materialised through the actions of each of its employees, identified three main norms that regulate its activity: the Law Statute, the Penal Code and the Anti-Corruption Law.

Compliance with the rules, besides avoiding the application of penalties, brings other fundamental benefits. The main thing is maintaining a working working environment. Another benefit is the good reputation in the market and the good acceptance of the public opinion, since the Brazilian society does not tolerate more companies with the name related to corruptive practices, valuing even more those that maintains its reputation unblemished.

The Promare Compliance Department is an independent communication channel for members of the office as well as anyone who is aware of the practice of unethical acts by any member of staff. The compliance departments governed by an anti-recrimination policy, according to which no one will be harmed by making a complaint in good faith.

The communication channel receives reports with the indicated authorship or even anonymous ones, always guaranteeing the confidentiality with respect to the data of the one that uses the Compliance department.