The presidential sanction puts an end to the numerous discussions that took place from the edition of MP 759/2016, on 12/22/2016, throughout the legislative process of its conversion into law. Undoubtedly, such discussions were justified by the innovations brought by the MP through valuable mechanisms designed for land regularization independent of the economic situation of its final recipient, and by the need to improve its provisions.
Central & South America
The first case since the beginning of the Trump Administration in which the US Department of Justice failed to sue a company for FCPA violations
On June 16, 2017, the United States Department of Justice (DOJ) announced the termination of the investigation into alleged violation of the Foreign Corrupt Practices Act (“FCPA”) by US industrial gas supplier Linde North America Inc., Linde Gas North America LLC, together with certain subsidiaries and affiliates (collectively, “Linde” or “Company”). Although this is the sixth time the DOJ has refused to sue a company as part of the FCPA Pilot Program, this was the first FCPA-related declension announced by the DOJ since Donald Trump took the US presidency. In addition, this is the first decline in which a company is forced to repay the profits obtained illegally and its illegal profits are confiscated.
Law No. 13,460 of June 26, 2017 establishes basic rules for participation, protection and defense of the rights of users of public services, provided directly or indirectly by the public administration. This Law also applies, in a subsidiary manner, to private companies that provide public services.
The application of this Law does not rule out the need to observe the Code of Consumer Protection, when characterized consumption relation.
In addition to listing various basic rights and duties of users, the Law establishes that the bodies and entities that are subject to its rules must disclose a User Service Letter, whose purpose is to inform the user about the conditions and details of the services provided, Such as the forms of access to services, the commitments of the provider and standards of quality of service to the public, the main steps for processing the service.
On Thursday, 22nd June, our Associate, Ahmed Herrera, received our 10-years award recognition at the Members’ Recognition and Networking Cocktail held by the American Chamber of Commerce & Industry of the Republic of Panama, at the American Trade Hotel.
The first quarter of 2017 showed a notable increase in foreign investment, totaling $1,315.4 million, representing 10.7% more than the $1,188.7 million recorded during the same period in 2016, all of them according to data revealed by the General Comptroller of the Republic of Panama, which are based on preliminary figures of the National Institute of Statistics and Census.
According o the National Institute of Statistics and Census’ statistics, in the first three months of 2017, general licensed banks registered foreign direct investment in the amount of $160 million 900 thousand dollars, 3.7 percent more than the %155 million 200 thousand dollars in the first quarter of 2016.
The new government of Ecuador announced the immediate activation of the Public-Private Joint Ventures Law in force since 2016; in order to reactivate the economy; besides announcing and being taking immediate steps for an opening to private national and foreign investments in all fields. The Finance Minister announced that the private enterprise will from now on be the ”motor od the economy” as opposed to the state-centered previous model.
Na véspera da perda de vigência do PRT, Governo Federal institui novo programa para quitação de débitos com descontos em multas e juros de mora
Por meio da Medida Provisória nº 783/2017, o Governo Federal instituiu o Programa Especial de Regularização Tributária (“PERT”) para a quitação de débitos tributários e não tributários perante a Receita Federal (“RFB”) e a Procuradoria Geral da Fazenda Nacional (“PGFN”), devidos por pessoas jurídicas ou físicas, com vencimento regular até 30/04/2017, estendendo o escopo de débitos passíveis de regularização originalmente concedido pelo PRT (MPV 766/2017), cujo prazo para conversão em Lei expirou em 01/06/2017. Também podem ser quitados no PERT os débitos objeto de: parcelamentos ativos ou rescindidos (inclusive parcelamentos efetuados no PRT); discussão em esfera administrativa ou judicial; ou lançamento por auto de infração.
STATE OF RIO DE JANEIRO PUBLISHES LAW FORCING INDUSTRIES TO INSTALL WATER TREATMENT AND REUSE EQUIPMENT WITHIN 180 DAYS – See more at: http://www.klalaw.com.br/view-news.php?id=2341#sthash.Dm0KhLJG.dpuf
It was published on May 24 State Law No. 7,599 / 17, which obliges industries located in the State of Rio de Janeiro – which have 100 or more employees, to install water treatment and reuse equipment.
Industries that do not comply with legal requirements can not:
A) receive benefits and / or incentives from the state;
B) be contracted by the State;
C) signing agreements or similar instruments with the State.
Amendment to the Rules on the Establishment of Liens and Liens of Financial Assets and Securities Subject to Registration or Centralized Deposit
On April 6, 2017, Provisional Measure No. 775 (” MP 775 “) was amended to amend the legislation on the establishment of liens and liens (guarantees) on financial assets and securities subject to registration or centralized deposit, Law no. 12.810 / 13 and revocation of art. 63-A of Law 10,931 / 04.
The centralization of the deposit and registration of guarantees on financial assets and securities is presented in recent years as a widely discussed topic in the face of the various doubts that the market faced regarding the coverage and formalization of guarantees. In this sense, MP 775 brought important changes.
Fabio Ramos, sócio da área de seguros do KLA, comenta o Projeto da Lei de Seguros brasileira em entrevista para a publicação Financial Services Advisor. Confira abaixo a entrevista na íntegra:
Does Brazil Need Reforms to its Insurance Sector?
New legislation pending in Brazil’s Congress could lead to several changes in the country’s insurance sector, the London-based International Law Office reported in late March.
The measure could mean changes relating to insurance contracts, payment of premiums, co-insurers and reinsurance.