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Inter-
   Inter-American Bar Association

        IABA XLVI th Conference

Regulation in favor of private investments
   i...
Regulation in favor of private investments
       in Brazilian infrastructure projects

I. Why do foreign investors are ta...
Regulation in favor of private investments
         in Brazilian infrastructure projects

II. Remarkable
    Investment
  ...
Regulation in favor of private investments
       in Brazilian infrastructure projects

III. Preferred Credit Lines from t...
Regulation in favor of private investments
       in Brazilian infrastructure projects
2007-2010 INVESTMENT FORECAST FOR B...
Regulation in favor of private investments
         in Brazilian infrastructure projects
      2010 OIL, GAS AND RENEWABLE...
Regulation in favor of private investments
     in Brazilian infrastructure projects

2010 URBAN AND SOCIAL INFRASTRUCTURE...
Regulation in favor of private investments
      in Brazilian infrastructure projects


 Ideal Regulatory Regime
 for Attr...
Regulation in favor of private investments
        in Brazilian infrastructure projects



1. Coherency: regulation standa...
Regulation in favor of private investments
       in Brazilian infrastructure projects



4. Transparency: all procedures ...
Regulation in favor of private investments
           in Brazilian infrastructure projects
IV. Does Brazil follow these Id...
Regulation in favor of private investments
       in Brazilian infrastructure projects

V. Initiatives to improve the regu...
Regulation in favor of private investments
               in Brazilian infrastructure projects

V. Initiatives to dismantl...
FABIO FERREIRA KUJAWSKI
    kujawski@bkbg.com.br



    MAURICIO JAYME SILVA
      msilva@bkbg.com.br




Rua Dr. Eduardo ...
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Regulation in favor of Private Investments in Brazilian Infrastructure Projects

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This document was presented at XLVI Interamerican Bar Association Conference, in June 17, 2010.

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Transcript of "Regulation in favor of Private Investments in Brazilian Infrastructure Projects"

  1. 1. Inter- Inter-American Bar Association IABA XLVI th Conference Regulation in favor of private investments in Brazilian infrastructure projects Fabio Ferreira Kujawski Mauricio Jayme e Silva June 17, 2010
  2. 2. Regulation in favor of private investments in Brazilian infrastructure projects I. Why do foreign investors are targeting the Brazilian Economy? I. In the coming years, it is expected that the Brazilian economy records an yearly average growth rate estimated at 5.5% II. Inflation Index at around 4.5% III. Brazilian nominal and real interest rates reached their lowest historical levels in 2009 Source: Brazilian Economy Outlook, 5th Edition, March, 2010, Brazilian Ministry of Finance
  3. 3. Regulation in favor of private investments in Brazilian infrastructure projects II. Remarkable Investment Opportunities in Infrastructure a) FIFA 2014 World Cup Brazil b) XXXI Olympic Summer Games in Rio de Janeiro, 2016
  4. 4. Regulation in favor of private investments in Brazilian infrastructure projects III. Preferred Credit Lines from the Brazilian Government in the following sectors: I. Ports and Airports; II. High-Speed Train; III. Energy; IV. Logistics; V. Urban transportation.
  5. 5. Regulation in favor of private investments in Brazilian infrastructure projects 2007-2010 INVESTMENT FORECAST FOR BRAZILIAN LOGISTICAL INFRASTRUCTURE Source: http://www.brasil.gov.br/pac/investimentos/por-acoes/logistica/previsao-de- investimento-em-infraestrutura-logistica-2007-2010/view
  6. 6. Regulation in favor of private investments in Brazilian infrastructure projects 2010 OIL, GAS AND RENEWABLE FUELS - ACTIVITIES AND GOALS - Source: http://www.brasil.gov.br/pac/investimentos/por-acoes/energetica/acoes-em-petroleo-gas- natural-e-combustiveis-renovaveis-meta-2010/view
  7. 7. Regulation in favor of private investments in Brazilian infrastructure projects 2010 URBAN AND SOCIAL INFRASTRUCTURE ASSISTANCE FORECAST Source: http://www.brasil.gov.br/pac/investimentos/por-acoes/social-urbana/previsao-de- atendimento-em-infraestrutura-social-e-urbana-meta-2010/view
  8. 8. Regulation in favor of private investments in Brazilian infrastructure projects Ideal Regulatory Regime for Attracting Investment in Infrastructure Projects 1. Coherency 2. Independence 3. Accountability 4. Transparency 5. Predictability 6. Financial and Human Resources Capability
  9. 9. Regulation in favor of private investments in Brazilian infrastructure projects 1. Coherency: regulation standards shall be consistent with the legal framework that governs each sector of economy. 2. Independence: political issues shall not influence regulators activities. 3. Accountability: the regulator independency shall be directly related to its obligation of making its activity accountable.
  10. 10. Regulation in favor of private investments in Brazilian infrastructure projects 4. Transparency: all procedures adopted by the regulator as well as its decision shall be published and available for the general public. 5. Predictability: Same facts under the same jurisdiction shall be decided in the same way. 6. Financial and Human Resources Capability: human and financial resources shall be provided to regulatory agencies so they can establish and execute their policies and accomplish their goals.
  11. 11. Regulation in favor of private investments in Brazilian infrastructure projects IV. Does Brazil follow these Ideal Regulatory Standards? I. Coherency: II. Independence: III. Accountability: IV. Transparency: V. Predictability: VI. Financial and Human Resources Capability:
  12. 12. Regulation in favor of private investments in Brazilian infrastructure projects V. Initiatives to improve the regulatory activities in Brazil: I. Improvement of Regulatory Management Public Program: Issued by Decree nº 6,062/05, this Program intends to: I. Develop the Brazilian Regulatory System; II. Improve regulator’s capacity to create and evaluate public policies; III. Facilitate the coordination and the strategic alignment between public policies and regulatory activities; IV. Strengthen the Brazilian Regulatory Agencies' autonomy and transparency.
  13. 13. Regulation in favor of private investments in Brazilian infrastructure projects V. Initiatives to dismantle the stability of the regulatory model in Brazil: II. Bill Nº 3337/2004: I. Establishes the legal framework of Brazilian Regulatory Agencies II. Threats to the independence of the Brazilian Regulatory Agencies: 1. Public Hearings for all relevant decisions that may impact the market. 2. Management Contract between Agencies and the respective Ministries. 3. Transfer back of legislative powers and competition related decisions to the Ministries
  14. 14. FABIO FERREIRA KUJAWSKI kujawski@bkbg.com.br MAURICIO JAYME SILVA msilva@bkbg.com.br Rua Dr. Eduardo de Souza Aranha, 387, 15º andar Phone (55) (11) 38970350 São Paulo/Brazil
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