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BRAZIL

Since October 1988
Since December 2002

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Federal Constitution (Constituição Federal)

Law 10.610, of 2002 (Lei 10.610 de 2002)
The Federal Constitution, in Art. 222, states that editorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalized for more than 10 years, in any social communication medium. It also adds that electronic social communication media, regardless of the technology used to deliver the service, shall comply with the principles stipulated in Art. 221, as provided by specific legislation, which shall also ensure priority to Brazilian professionals in the production of Brazilian programs.
This is reiterated in Law 10,610/2002, which establishes that the control and management of broadcasting companies and news companies must be exercised exclusively by Brazilians, born or naturalized for more than 10 years.
Coverage Electronic social communication media

BRAZIL

Reported in 2005, last reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Complaints on patent applications
It is reported that there are complaints regarding the pendency of patent applications and the impact on the effective term of patents.
Coverage Horizontal

BRAZIL

Since 2006, last amended in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Complementary Law 123 of 2006, amended by Complementary Law 147 of 2014 (Lei Complementar 123 de 2006, emedada pela Lei Complementar 147 de 2014)
Complementary Law 123 of 2006, amended by Complementary Law 147 of 2014 and last amended in 2021, provides that procurement of items up to 80.000 BRL (approx 15.000 USD) are exclusive for Brazilian Micro and Small Enterprises (SMEs) (Art. 47 and 48). These preferences may cover digital products and services. Besides, micro and small enterprises of Brazilian origin have certain preferences such as the right to an extra bid if it offers a price 10% higher and a 25% set-aside of the number of items of larger contracts of goods if they are divisible.
Art. 49 states that these provisions do not apply if (i) the criteria for differentiated and simplified treatment for micro and small businesses are not expressly provided for in the invitation to tender; (ii) there is not a minimum of three competitive suppliers classified as micro-companies or small companies based locally or regionally and capable of fulfilling the requirements established in the invitation to bid; (iii) the differentiated and simplified treatment for micro and small companies is not advantageous for the public administration or represents damage to the set or complex of the object to be contracted.
Coverage Horizontal

BRAZIL

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brazil is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country is in the process of acceding to the agreement, having formally requested accession in May 2020.
Coverage Horizontal

BRAZIL

Since October 1988
Since December 2002

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Federal Constitution (Constituição Federal)

Law 10.610, of 2002 (Lei 10.610 de 2002)
The Federal Constitution, in Art. 222, mentions that in all circumstances, at least 70% of the total capital stock and of the voting capital of newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, shall be owned directly or indirectly by native Brazilians or those naturalized for more than ten years, who shall mandatorily exercise the management of activities and shall define the content of programming.

This restriction is reiterated in Law 10,610/2002, which forbids foreign ownership that exceeds 30% of the capital stock and voting capital of news companies and broadcasting companies. In addition, foreign equity participation in these companies must be done indirectly through a Brazilian company incorporated in accordance with Brazilian law. It is not clear whether the coverage includes the online provision of these services.
Coverage Newspaper companies, sound broadcasting companies, and sound and image broadcasting companies

BRAZIL

Since April 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law of Tenders and Administrative Contracts No. 14,133 (Lei de Licitações e Contratos Administrativos No. 14,133)
Art. 26 of Law No. 14,133 states that a margin of preference in the bidding process may be established in favor of domestic manufactured goods and services that meet Brazilian technical standards. This margin may be up to 10% on the price of goods and services and also be extended to manufactured goods and services originating in States that are part of the Southern Common Market (Mercosur). The article also mentions that in the case of national manufactured goods and national services resulting from development and technological innovation in the country, the margin of preference may be up to 20%.
Coverage Horizontal

BRAZIL

Since May 2010

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 7.174, of 12 May 2010. Regulates the procurement of computer and automation goods and services by the federal public administration, directly or indirectly, by foundations established or maintained by the Public Authority and by other organizations under the direct or indirect control of the Union (Decreto No. 7.174, de 12 de Maio de 2010. Regulamenta a contratação de bens e serviços de informática e automação pela administração pública federal, direta ou indireta, pelas fundações instituídas ou mantidas pelo Poder Público e pelas demais organizações sob o controle direto ou indireto da União)
Art. 5 of Decree 7.174 requires federal agencies and parastatal entities to give preferential treatment to domestically produced computer products and goods or services with technology developed in Brazil based on a price/technology matrix.
Coverage Horizontal

BRAZIL

Since 1993, last amended in April 2021, in force until April 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law 8,666 regarding public procurement
Art. 3 of Law 8,666 establishes that:
- under equal conditions, as a tie-breaking criterion, preference is given, successively, to goods and services produced in the country, produced or provided by Brazilian companies, produced or provided by companies that invest in research and technology development in the country;
- in the bidding processes, a margin of preference may be established for manufactured products and for national services that meet Brazilian technical standards, technological development and innovation carried out in the country. For manufactured products and national services resulting from technological development and innovation carried out in the country, an additional margin of preference may be established to that provided. This margins may be applied to goods and services from the Southern Common Market (MERCOSUR). The margins are established by the Federal Executive Power, and their sum cannot exceed the amount of 25% on the price of foreign manufactured products and services.
Coverage Horizontal

BRAZIL

Since December 2007, extended in November 2013 and 2019, until November 2024

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution No. 66, dated 11/12/2007 (Resolução No. 66, 11.12.2007)
In December 2007, the Brazilian authorities decided to impose a definitive anti-dumping duty under Resolução No. 66 on imports of loudspeakers (HS codes: 8518.2100, 8518.2200 and 8518.2990) from China. This measure was reviewed and extended in November 2013 and, subsequently, in November 2019 for a period of five years. The rate of duty is ad valorem 78.3% of the CIF value.
Coverage Product: Loudspeakers (HS Codes 8518.21.00, 8518.22.00, and 8518.29.90)

Country: China

BRAZIL

Since June 1993, as amended in December 2010
Since April 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 8.666, of 21 June 1993. Regulates Article 37, XXI, of the Federal Constitution, establishes rules for public bids and contracts of the Public Administration and makes other provisions (Lei No. 8.666, de 21 de junho de 1993. Regulamenta o art. 37, inciso XXI, da Constituição Federal, institui normas para licitações e contratos da Administração Pública e dá outras providências)

Law No. 14.133, of 1 April 2021. Law on Tenders and Administrative Contracts (Lei No. 14.133, de 1º de abril de 2021 - Lei de Licitações e Contratos Administrativos)
Art. 3 (§12) of Law No. 8.666 provides that in the procurements intended for the implementation, maintenance and improvement of the information technology and communication systems, deemed strategic in an act of the federal executive branch, the bidding may be restricted to goods and services with technology developed in Brazil and produced in accordance with the basic productive process dealt with in Law No. 10,176. In April 2021, Brazil approved Law No. 14.133 which, according to its Art. 193, will repeal Law No. 8.666 as of 30 December 2023. Law No. 14.133 contains the same restriction in Art. 26 (§ 7).
Coverage Strategic information and communication technology systems
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[{"post_id":"42729"},{"post_id":"42730"},{"post_id":"42731"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BRAZIL

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.39%
Coverage rate of zero-tariffs on ICT goods (%)
23.65%
Coverage: Digital goods

BRAZIL

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Brazil is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BELIZE

Since 2021

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Belize has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BELIZE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belize has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

BELIZE

Since July 2022

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Belize Companies Act, 2022
According to Art. 194 of the Belize Companies Act, a foreign company that carries on business in Belize shall, at all times, have a Registered Agent in the country. Pursuant Art. 194.2, no person shall act, or agree to act, as the Registered Agent of a foreign company unless that person has obtained a licence from the Financial Services Commission established under the Financial Services Commission Act, or any other applicable enactment. According to Art. 3, a foreign company means a body corporate incorporated, registered or formed outside Belize.
Coverage Horizontal

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