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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.

New Port Fee will Be Imposed at The Port of Itaqui in Brazil

Port charges are the fees that shipping operators and their customers pay to port authorities for the use of the port’s facilities and services. Port charges can be a significant component (up to several percent) of the final price of consumer goods.

The EMAP – Empresa Maranhense de Administração Portuária, port authority which runs the Port of Itaqui, in São Luís, Maranhão, Brazil has warned shipowners, charterers and their representatives that a new port fee will be imposed as from March, 1st, 2019.

Port of Itaqui is a Brazilian port located in the city of São Luís, Maranhão. It is not to be confused with the city of Itaqui, in the state of Rio Grande do Sul, near the border with Argentina. The main cargoes include aluminum ingots and bars, pig iron, general, dry and liquid bulk cargoes, soybean and copper.

The fee will impact local trade and shipping activities in all private terminals of the region.

This fee is BRL 0,44 p/ DWT and will be charged for ships that use the common navigable areas of São Marcos Bay to access the Ponta da Madeira Terminal, the Alumar Terminal and any other Private Use Terminal that may be installed in the region.

Promare is a multidisciplinary consultancy, based in Ceará and with national and international operations, founded in 1999. Our services have a pragmatic approach to strategic business consulting. We are focused on promoting freedom and security in our clients’ business relationships, fostering business with the necessary confidentiality.

The legality of such fees has been questioned. Our team of the São Luís Office is already preparing a deep analysis of the situation.

We at Promare Consultoria, Promare Cobranças and Rabb, Carvalho Advocacia are prepared to cover the needs of our clients. Together, we work in the search for greater legal certainty in comex and shipping transactions.

President Announces the Auction of Ten Port Terminals in Brazil

A port is a station used for commercial and trade activities such as loading and unloading cargoes and other activities that generate income. In contrast, a terminal is like a “checkpoint” on a port where incoming shipments are thoroughly inspected and documented.

The President of Brazil, Jair Bolsonaro, announced today that the Secretary of Ports, by the Federal Government, will lease 10 port areas in the first half of 2019, including 3 terminals in the Port of Cabedelo/PB. The auctions of 4 of these areas will happen in march 22th of this year.

PROMARE CONSULTORIA is a multidisciplinary consultancy, based in Ceará with international operations, founded in 1999 and offering services with a pragmatic approach to strategic business consultancy.

Jair Messias Bolsonaro is a Brazilian politician and retired military officer who has been the 38th president of Brazil since 1 January 2019. He was elected in 2018 as a member of the conservative Social Liberal Party before cutting ties with it.

Understand the investments

The announcement of the lease of four port areas was published in the Official Gazette of the Federal Union on November 30, 2019, by Agência Nacional de Transportes Aquaviários (ANTAQ). The auction will be held at B3, São Paulo Stock Exchange.

B3 S.A. – Brasil, Bolsa, Balcão, formerly BM&FBOVESPA, is a stock exchange located in São Paulo, Brazil, and the second oldest of the country. At the end of 2011 it had a market capitalization of R$2.37 trillion, making it the 13th largest stock exchange in the world.

The projects, in which investments of R$ 199 million are foreseen, are part of the Investment Partnerships Program (PPI).

In accordance with the rules set forth in the announcement, the companies/consortiums must submit the written proposals on March 19th, 2019, so that on the 22nd of the same month the auction will be held. The winner will be the one who offers the biggest value, which will start in the auction at R$ 1.00 (one real).