Procedures for formalizing the fiduciary assignment of receivables from CCEARs and CERs
The expansion of the power sector, one of the flagships in Brazil's infrastructure, has been assured in recent years by investments obtained in several auctions of new, existing, and reserve energy held by the Federal Government through the National Electric Energy Agency (ANEEL) and the Electric Energy Trading Chamber (CCEE).
After lengthy discussions, at the end of November the Federal Senate approved two presidential decrees that alter the legislative environment of the mining sector. MP 789, which modifies the rules of Financial Compensation for the Exploration of Mineral Resources, CFEM, and MP 791, which creates the National Mining Agency to replace the National Department of Mineral Production. The final texts of Conversion Bills Nos. 38/17 and 37/17, submitted for presidential approval, were finally converted, respectively, into Laws No. 13,540/2017 and 13,575/2017, published in the Official Federal Gazette on December 19 and 27.
Government invests in structured projects to stimulate privatizations
One of the federal government's initiatives to stimulate privatization processes at the federal, state, and municipal levels, Presidential Decree No. 786/2017 was converted into Law No. 13,529 on December 4. Among the mechanisms to foment...
Ministry of Transport "broadens" scope of Highways Provisional Presidential Order
The scope of application of Provisional Presidential Order No. 800/2017, popularly known as the Highways MP, became clearer with Ordinance No. 945/2017, published by the Ministry of Transport, Ports, and Civil Aviation on November 16.
Recent changes in the regulatory framework of distributed generation
The National Electric Energy Agency (ANEEL) recently concluded Public Hearing No. 37/2017, which sought support for the proposed alteration of the power limit for minigeration distributed from a water source, as provided in Normative Resolution (REN) No. 482/2012.
Highways MP gives more time for concessionaire to make investments
Presidential Provisional Measure No. 800/2017, popularly known as the “Highways PM,” establishes rescheduling of investments as a new regulatory tool for federal highway concession contracts. Subject to future regulation by the Ministry of Transport, Ports, and Civil Aviation, the measure seeks to solve the problem of concentration of investments in the first years of the concession, in the light of the fall in demand for road services.
São Paulo's Privatization Plan
Rafael Vanzella, Jéssica Borges, and Nathália Fukunaga The Municipality of São Paulo approved its Privatization Plan, which had been awaited since the first months of the new administration, when ideas about the privatization of municipal companies and other assets, as well as concessions for services and public goods, were frequently disclosed
The Sabesp corporate reorganization project
The São Paulo State Government forwarded to the State Legislature Draft Bill No. 659/2017, which provides for the corporate reorganization of Companhia de Saneamento Básico de São Paulo – SABESP (São Paulo Basic Sanitation Company).
Effects of the “fiduciary” security interest system on infrastructure projects in Brazil
The recovery of the Brazilian economy necessarily requires resumption of industrial activities and investments in large infrastructure projects. It is not difficult to conclude that an essential condition for this goal is the agile and direct access to financial resources, both in the traditional debt markets, led mainly by the National Economic and Social Development Bank (Banco Nacional de Desenvolvimento Econômico e Social) (BNDES), and in the capital market, which was essentially marked by issuances of infrastructure debentures (a type of notes or bonds) (Law No. 12.431/2011) over the last years.
Reform in the mining sector
On July 25, Brazil’s federal government sent to the National Congress three provisional presidential decrees that reform the mining sector in Brazil. The proposal is to adopt a model that adjusts the reality of this industry in Brazil to the current global economic context and to stimulate revitalization of the sector, seeking greater competitiveness and sharing of mining proceeds. Even so, the initiative has been subject to harsh criticism, especially regarding its burdening of an industry that has been suffering economic slowdown in recent years.
Rebidding of Viracopos Airport: first case based on Law No. 13,488/17
After a severe financial crisis, the shareholders of the concessionaire Aeroportos Brasil Viracopos S.A. (ABV) decided to request the rebidding of the concession contract for the Viracopos Airport based on Law No. 13,488/2017. This will be the first case of this type and opens up a pathway for others that may come to light because of Brazil’s difficult political and economic situation.
Main rules for the bid notice for the reserve power contract cancellation auction
The Brazilian Electric Energy Agency – ANEEL is holding a reserve energy contract cancellation auction, or reverse auction, on August 28, 2017, at 10:00 am, in accordance with the rules of the competitive mechanism announcement published at the end of July. Participation in the auction is a good alternative for eligible generation projects that fail to ensure their deployment viability.