VistaBrazil May 2015
Transcription
VistaBrazil May 2015
Viewpoint Economy & Business Energy & Environment Politics, Law, Society International Affairs n Finally, n Infrastructure n Oil n Politics n Diplomatic briefs audited financial results issues n Mining notes and finance n Economy in brief n Business news n Banking & gas in brief n Petrobras news n Biofuels in brief n Electricity sector n Environmental news n Science & technology in brief n Defense issues n Legal issues n Social issues n International trade Veirano Advogados’ Monthly review of economic, legal, and political developments 05.15 Petrobras has finally submitted audited financial statements for the second half 2014 to the Brazilian Securities and Exchange Commission (CVM). On 22 April, the company board of directors reported a US$7.1 billion loss for 2014, reflecting approximately US$2 billion in graft-related losses. This compares to a profit of US$7.9 billion in 2013. Petrobras’ board of directors reported a US$7.1 billion loss for 2014 By department, that figure represents US$1.1 billion embezzled through the company’s supply arm, US$660 million through the exploration and production department, and US$231 million through the gas and energy department. May 2015 · Volume 04 · Number 05 Finally, audited financial results and a business plan in the offing photograph: Agência Petrobras 1 16 Asset write-downs are reportedly as high as US$16.8 billion, including US$14.7 billion in asset depreciation, or impairment. The company has announced that it will cut investments by 37 percent next year, from US$39.5 billion to US$25 billion. The 10-member board of directors voted 7 to 2, with one abstention, in favor of approving the statements. All affirmative votes were cast by government-selected board members. José Guimarães Monforte, the independent member who represented holders of non-voting shares, abstained from voting. He resigned abruptly after the company went … Economy & Business VistaBrazil is published monthly Produced by Prismax Consultoria Editor: Georges D. Landau Production: Blakeley Words+Pictures © 2015 · Veirano Advogados and Prismax Consultoria All text rights reserved Vista Brazil is sponsored by Veirano Advogados Founding Partner: Ronaldo C. Veirano Managing Partner: Pedro Aguiar de Freitas 2 16 Rio de Janeiro Av. Presidente Wilson, 231 / 25º andar 20030-021 – RJ (55 21) 3824 4747 Phone (55 21) 2262 4247 Fax [email protected] www.veirano.com.br São Paulo Av. Brigadeiro Faria Lima, 3477 / 16º andar 04538-133 - SP (55 11) 2313-5700 Phone (55 11) 2313-5990 Fax Porto Alegre Rua Dona Laura, 320 / 13º andar Rio Branco – 90430-090 – RS (55 51) 2121 7500 Phone (55 51) 2121 7600 Fax Brasília SCN Qd. 2 Ed. Corp. Financial Center – Bloco A 10º andar/Sala 1001 – 70712-900 – DF (55 61) 2106 6600 Phone (55 61) 2106 6699 Fax Disclaimer This newsletter is intended to provide general information regarding recent events, developments, and trends in Brazil. It is not intended, nor should it be relied on, to provide legal analysis or legal advice on any of the information covered in the newsletter. Veirano Advogados and Prismax Consultoria cannot ensure against or be held responsible for inaccuracies. To the full extent permissible by law Veirano Advogados shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business, or any indirect or consequential loss), however it arises, resulting from the use of any material appearing in this publication or from any action or decision taken as a result of using information presented in the publication. Energy & Environment Politics, Law, Society International Affairs ahead and released the audited statements, complaining that board members were given less than two hours to review the documents and had no opportunity to make an informed decision. As well, the structure of the board continues to encourage a split between government and non-government members. Mauro Rodrigues da Cunha, who represents minority holders of voting shares, voted against the release. He has decided not to run for re-election because of his frustration with the government’s role in Petrobras. Determined to move ahead, Petrobras president Aldemir Bendine announced on 28 April that he would have a new business plan prepared within 40 days and that a complete administrative reorganization is underway at the company. Similarly, Silvio Sinedino, the independent member who represents company workers, voted against the release of earnings because he disagreed with the formula used to calculate asset write-downs. Ferreira confirmed as chair As expected, Vale CEO Murilo Ferreira has been voted in as chair of the Petrobras board of directors. He was the Brazilian government’s nominee for the post. With the government holding 7 out of 10 seats on the board, the choice of Ferreira is seen to reflect an effort to create a board with more technical market experience and less overt political ties. While the professionalization of the board under Ferreira must be welcomed, critics are concerned about the potential for conflict of interest arising from his simultaneous oversight of Vale. A new business plan With US$95.8 billion in net debt, Petrobras will require five years’ worth of operations to meet its obligations, according to the recently released financial statements. The release of the audited results has eased concerns that the country will be given a sovereign rating downgrade. The Ibovespa stock exchange entered a bull market on 24 April, two days after the financial statement was made public, jumping more than 20 percent from this year’s low. Selling on the home front At the same time, Petrobras is preparing to raise at least US$993 million and as much as US$1.3 billion with an offering of debt securities in the Brazilian market, according to Reuters. Maturity for the three portions of the offer will range from 5 to 10 years, paying above yields on comparable government inflation debt. … Veirano Advogados Offices in Rio de Janeiro, São Paulo, Porto Alegre, and Brasília … May 2015 · Volume 04 · Number 05 Viewpoint Energy & Environment Politics, Law, Society Economy & Business Infrastructure issues Postponing transportation concessions After meeting with 30 ministers and senior officials from financial institutions on 25–26 April, President Dilma Rousseff has delayed announcing the expected transportation infrastructure concessions program until next month. Reportedly, more time is needed to define financing and other project details, especially with respect to railways. 3 16 Petrobras’ chief financial officer Ivan Monteiro Bradesco, Banco do Brasil, BTG Pactual, and Votorantim will coordinate the sales. Large investors such as fixed-income investments funds and state pension funds are the target market for the offer – the first such domestic sale by the company in 15 years. It is worth noting that the company’s 2015Q1 profits, posted on 15 May, were just 1.1 percent down from 2014Q1, at US$1.8 billion. That exceeded analysts’ expectations and was seen as “very positive” by chief financial officer Ivan Monteiro. The weather is still stormy, but the good ship Petrobras seems to be steering toward calmer waters. Veirano Advogados White-Collar Crimes … It is hoped that clear rules, particularly in relation to National Bank for Economic and Social Development (BNDES) financing mechanisms, will attract foreign investors. Improved regulatory agencies are also considered key to ensuring that infrastructure concessions models are viable and robust. Finance Minister Joaquim Levy has been wooing US investors ahead of the concessions program launch. He has met World Bank and International Monetary Fund representatives as well as international investors, for whom he highlighted BNDES project financing. Infrastructure investment is seen as a crucial driver for economic growth in Brazil, and the government cannot afford to get the concessions program wrong. The transcontinental Brazil, Peru, and China are negotiating an agreement to build a railway to cross South America, according to Folha de São Paulo newspaper on 12 May. The railway will start in the state of Rio de Janeiro and pass through the states of Minas Gerais, Goiás, Mato Grosso, Rondônia, and Acre. The route will take it through much of the Brazilian International Affairs agribusiness belt before it runs through Peru. It is therefore expected to help boost commodity exports as it links the Brazilian Atlantic coast with the Peruvian Pacific coast. Chinese Premier Li Keqiang is due to visit Brasília this week to seal the partnership with Brazil. It will reportedly form part of a Chinese agreement to invest US$53.3 billion in the Brazilian infrastructure, mining, energy, and manufacturing sectors, according to O Globo newspaper. Unnamed sources indicated that the investments would be financed by Caixa Econômica Federal and the Industrial and Commercial Bank of China (ICBC). The transcontinental rail project is expected to cost at least US$10 billion and will be part of the infrastructure program to be announced next month by President Dilma Rousseff. The Brazilian government hopes Chinese businesses will bid for sections of the new train line. One of the negotiations closest to completion involves the Campinorte–Lucas do Rio Verde part of the line, between Goiás state and Mato Grosso state. Chinese Railway Construction Company (CRCC) is seeking partnerships with Brazilian firms. Ports in play Following federal audit court approval in the first week of May, the Special Ports Department (SEP) now expects to launch its first round of block 1 tenders for port terminal concessions by August. Block 1 tenders originally included 29 terminals in the states of Pará and São Paulo at an estimated US$1.54 billion, but that offer package will be split up. The specific terminals will be announced by July, but the focus is on Santos port in São Paulo and Vila do Conde, Belém, Outeiro, Santarém, and Miramar in Pará. May 2015 · Volume 04 · Number 05 Economy & Business photograph: petrobras Viewpoint Viewpoint Economy & Business Brazil added almost 2 million fixed broadband connections from 2014Q2 to the end of 2015Q1, according to the National Telecommunications Agency (Anatel). The América Móvil group, comprising Claro, NET, and Embratel, has 31.6 percent of the market, Oi has 26.6 percent, Telefônica Brasil/Vivo has 16.7 percent, and GVT has 12.5 percent. The government’s Broadband for All program has the goal of ensuring that 95 percent of the population has access to service by 2018, according to a statement by Communications Minister Ricardo Berzoini on 12 May. Politics, Law, Society International Affairs photograph: wikimedia commons/Konstantin von Wedelstaedt Broadband surges Energy & Environment TAM Airlines’ parent company announced the start of feasibility studies to develop its first international and domestic hub in northeastern Brazil 4 16 Connecting water systems São Paulo state water utility SABESP has launched a prequalification tender to develop a plan to connect the Cantareira water system with those in neighboring states. The project is attracting record levels of interest. Some 33 enterprises have expressed interest and 14 proposals had been received by 6 May. SABESP will finance 10 percent of the project and the Veirano Advogados Infrastructure & Projects … National Bank for Economic and Social Development (BNDES) will provide US$268 million in financing. A brand new airport The consortium that wins the tender for Salgado Filho airport in Porto Alegre, the capital of the state of Rio Grande do Sul, will be required to build a second airport within the city environs. This is the first time that a winning bidder will be required to build an entire new airport. A hub for the northeast Late last month, LATAM Airlines Group, the parent company of Brazil’s TAM Airlines, announced the start of feasibility studies to develop its first international and domestic hub in northeastern Brazil. The intention is to increase cargo flows from the rising exporting region and to improve connectivity, as domestic carriers base their operations in southern and southeastern Brazil. A northeastern hub will offer significantly shorter flights to Europe in comparison to southern cities in Brazil. TAM is considering Salvador, Natal, and Recife as the host city, which will be selected by the end of this year. Operations are slated to start in December 2016. Mining notes Absence makes the buyer fonder? In a move reminiscent of OPEC in times past, Brazilian mining giant Vale has said it may be willing to cut its production of iron ore by 30 million tonnes in order to improve profit margins on the commodity, whose value has been badly battered in recent months. Vale still intends to complete its expansion plans, which involve spending almost US$20 billion to increase production capacity by 100 million tonnes per annum, but suggested it may temporarily abstain from using that capacity. Some analysts are skeptical the company will follow through, but concerns about oversupply suggest a real imperative. Vale, BHP Billiton, and Rio Tinto – the three largest producers – have all posted recent production … May 2015 · Volume 04 · Number 05 Water works for Paraíba The northeastern state of Paraíba is working with the World Bank and the European Investment Bank (EIB) to expand water and sewerage services in the region and to improve the state water management agency. The state government has already received a US$125 million loan from the World Bank and is in negotiations for the same amount from the EIB. Economy & Business Energy & Environment Politics, Law, Society photograph: Vale Viewpoint International Affairs averaged R$1.88/US$ over the past two decades, from a record low of 0.01 in January 1993 to a high of 3.95 in October 2002. Strengthening foreign investment Data from the Ibovespa stock exchange reveal that foreign investors were responsible for more than 51 percent of trading in 2014, the greatest proportion in 20 years. Foreign investors bought a net US$2.5 billion in Brazilian stocks in April, the most for any month since 2010. The Ibovespa has gained 14 percent in the past two months. 5 16 increases despite weakening demand from China and slumping prices. Brazil exported 71.6 million tonnes of iron ore in 2015Q1 compared with 66.7 million tonnes in 2014Q1, according to the Sinferbase iron ore and base metals association. Of that, Vale shipped 64.3 million tonnes. At the same time, however, domestic sales of iron ore fell from 6.15 million tonnes to 5.87 million tonnes. More ships on the horizon? Vale, the world’s top iron ore producer, is reportedly in talks with Chinese shipbuilders over the construction and leasing of new Valemax megacarriers. The company has not confirmed reports that it may be negotiating with China Cosco Holdings to build 20 ships and with China Merchants Shipping Company to build 10. Thumbs up for Vale Moody’s has affirmed its current ratings and boosted its outlook for Vale from negative to stable. The ratings agency believes that the company’s credit profile and operations are solid and that its increase in volumes and ore grades – a result of an aggressive expansion program – will partially mitigate the effect of low commodity prices. It does not expect the company’s credit metrics to show substantial improvement until 2017–18, however, as iron ore prices are likely to remain low through next year. Alcoa pulls in its horns Aluminum and lightweight metals producer Alcoa is planning to curtail the remaining 74,000 tonnes of smelting capacity at its São Luís facility in Brazil, following curtailment of 85,00 tonnes of capacity in May 2014 and 12,000 tonnes in October. The refinery at the facility will continue normal operations. Banking and finance Weakening currency The real has weakened further in May, reaching 3.07 to the US dollar from 2.99 in April of 2015. The currency has Net foreign inflows in 2015 so far have been US$5.8 billion. It’s food for thought that inflows were US$6.76 for the entire year in 2014. Downgrading banks Moody’s ratings agency has downgraded the global ratings of long-term currency deposits in five Brazilian banks: Bradesco, Itaú Unibanco, Itaú BBA, HSBC Bank Brasil–Banco Multiplo, and Votarantim. The bank ratings were lowered from Baa2 to Baa1 and their outlook changed to negative, but the ratings reflect neither improvement nor deterioration in credit fundamentals. Instead, the move is a result of a new methodology. The negative outlook is based on substantial holdings of Brazilian government securities and thus high direct exposure to the country’s creditworthiness. Moody’s decision should not be regarded as the whole picture. Banco Votarantim posted a major increase in … Veirano Advogados Banking & Finance … May 2015 · Volume 04 · Number 05 Vale is reportedly in talks with Chinese shipbuilders over the construction and leasing of new Valemax megacarriers Economy & Business 2015Q1 earnings, rising by US$15 million from the previous quarter. At the same time the bank achieved a 3.8 percent drop in administrative and personnel expenses. But one success story In the midst of a slowdown in the Brazilian banking sector, one international bank is seeing solid numbers from its Brazilian subsidiary. Analysts were surprised by the strong performance of São Paulo-based Banco Santander Brasil, a subsidiary of Spanish Banco Santander. The bank reported net earnings 41 percent higher year on year in 2015Q1, causing its stock to rise 6 percent. The result is the strongest since the first quarter of 2012. Raising capital 6 16 The Brazilian government hopes to raise US$2.96 billion through an IPO of 20 percent of Caixa Seguridade, the insurance arm of Caixa Econômica Federal state bank. The offer is planned for November, according to Valor Econômica newspaper and will be managed by a syndicate of Banco do Brasil and Itaú Unibanco. BTG Pactual, UBS, Goldman Sachs, Brasil Plural, BofA Merrill Lynch will reportedly also participate. Economy in brief Interest rates versus inflation The Brazilian benchmark Selic interest rate was bumped up to its highest level in six years on 29 April. The Central Bank raised the rate 50 basis points to 13.25 percent, noting in the meeting minutes of the Monetary Policy Committee (Copom) that “The gains achieved in the fight against inflation – exemplified by benign signs stemming from medium and long-term outlook indicators – aren’t yet sufficient.” Energy & Environment Politics, Law, Society The statement is alluding to inflation that reached 8.22 percent in mid-April and continues to rise, though the pace slowed slightly over the past month. It is now widely considered to be almost impossible to contain annual inflation below the 6.5 percent ceiling of the target range for 2015. At the same time, the economy is expected to contract by more than 1 percent this year. Economists surveyed by the Central Bank forecast that the economy will shrink 1.2 percent in 2015, leading policy makers to cut the key rate to 11.5 percent next year, according to the Washington Post. They also expect the cost of living to rise by 8.26 percent in 2015 and 5.6 percent in 2016. International Affairs Table 1: Economic indicators, Brazil vs United States Rate (%)Reference date BrazilUS GDP growth 0.3 0.2 2014Q3 Inflation 8.13 –0.1 March 2015 Interest 13.25 0.25 29 April 2015 6.2 5.5 March 2015 Unemployment Brazil versus United States The most recent economic indicators make for an interesting comparison between Brazil and the United States (see Table 1). On every measure, the Brazilian picture is comparatively bleak, yet its GDP growth is still a whisker ahead of the US figure. Work and life for the average Brazilian The Brazilian Institute of Geography and Statistics (IBGE) released its quarterly survey of employment on 7 May, and it paints a less-then-rosy picture. Unemployment rose from 6.5 percent in 2014Q4 to 7.9 percent in 2015Q1, the highest since the beginning of 2013. As usual, regional and age-related disparities were evident in the results. Unemployment was highest in the northeast, at 9.6 percent, and lowest in the south, at 5.1 percent. Some 17.6 percent of 18–24-year-old workers are unemployed. According to the survey, workers’ average monthly income rose 0.8 percent year on year in 2015Q1, but this must be set against an analysis by the Department of Statistics and Socioeconomic Studies (DIEESE) of the current cost of a consumer basket of staple foods. The study revealed price rises of from 1.71 to 18.3 percent from May 2014 to April 2015 in the 18 state capital cities. Every city experienced an annual increase, and for the month of April, only Manaus saw a drop in prices. Unsurprisingly, São Paulo and Rio de Janeiro are in the top three in terms of the overall cost for basic food items. Bread, beef, soy oil, milk, and tomatoes increased the most. Electricity is responsible for a quarter of the annual consumer price index rate, bumping the index by 19.34 percent over the past year. The health and personal … Veirano Advogados Labor & Employment … May 2015 · Volume 04 · Number 05 Viewpoint Economy & Business Reflecting perceptions of the overall economic picture and their purchasing power, Brazilians bought 6.36 percent fewer new vehicles in April in relation to March and 24.35 percent fewer than in April 2014. According to the National Vehicle Distribution Federation (Fenabrave), sales of new vehicles excluding trucks, buses, and agricultural vehicles declined 18.39 percent year on year in the first four months of 2015. 7 16 Working Brazilians who want to buy real estate, however, got some good news – hypothetically speaking. Real estate prices have fallen 3.47 percent across the country in real terms in 2015Q1, according to the Fipe-Zap index. That is, prices rose 1.08 percent overall against inflation of 4.55 percent in the same period. And again, Rio and São Paulo are the most expensive places to live. Industrial production shrinks Industrial production contracted 3.2 percent in Brazil in 2014, a trend that has continued in 2015Q1, according to the Brazilian Institute of Geography and Statistics (IBGE). Manufacturing climbed by a slim 0.3 percent January but fell an adjusted 1.3 percent in February. Production of capital goods fell 18 percent in the quarter and output of durable goods fell 15.8 percent. The automotive sector dropped 4.2 percent. Politics, Law, Society International Affairs photograph: wikimedia commons/Herr stahlhoefer care segment continue to increase strongly, whereas transportation costs rose only marginally. Energy & Environment The Brazilian Institute of Geography and Statistics (IBGE) estimate 201 million tons of total production in cereal, grain, and oil seed harvests corn, soybean, and wheat production. If the estimate of approximately 202 million tons is accurate, it will represent a record in 20 years of harvest growth. Brazilian Institute of Geography and Statistics (IBGE) data support the CONAB report, with an estimate of 201 million tons of total production in cereal, grain, and oil seed harvests. IMF weighs in on Brazil Grain production stays healthy The International Monetary Fund (IMF) announced in mid-May that it considers it crucial for Brazil to meet its 2015 primary surplus goal. That surplus consists of excess revenues before interest payments on debt, and because it is a key indicator of the ability to repay debt it is carefully scrutinized by investors. The Brazilian agricultural agency, the National Supply Company (CONAB), on 12 May published its estimate of the 2014–15 grain harvest. Expected increases over the 2013–14 season of 4.4 percent in crop volume and 0.3 percent increase in area planted is ascribed to Brazil has a fiscal target of 1.2 percent of GDP for 2015 and must engage in some severe belt tightening to stay the course. The IMF estimates that the gross indebtedness of the country will rise from 65.2 percent of GDP in 2014 to 66.2 percent in 2015 and 2016, and estimates that nominal debt will drop from 6.2 percent of GDP in 2014 to 5.3 percent in 2015. Business news Scooping up distressed assets Brookfield Asset Management, Canada’s largest alternative-asset manager, is considering investing more than US$1.1 billion in commercial real estate, sugar, ethanol, and construction in Brazil. Distressed assets will reportedly account for about two-thirds of the total. According to Bloomberg, Brookfield’s new investments may include US$268 million in financing for OAS SA, the construction company that filed for legal protection from its creditors in São Paulo last month. OAS has been banned from bidding on new projects with Petrobras amid an investigation into whether its executives received bribes in exchange for work contracts. May 2015 · Volume 04 · Number 05 Viewpoint Economy & Business BASF thinks big Energy & Environment German chemical company BASF plans to triple its business in Latin America through to 2025, when Brazilian revenues would amount to €9 billion. The company plans to invest €1.1 billion between 2013 and 2017, including €540 million in an acrylic complex in Camaçari, Bahia. Oil & gas in brief That is the largest disbursement by the company in Brazil in 104 years and is expected to generate US$300 million per year to Brazilian’s trade balance. Microsoft retails in Brazil Playing catch-up with mega-rival Apple, which opened its first Brazilian retail outpost in 2014, Microsoft launched its first retail store late last month, in São Paulo. 8 16 Energy & Environment The plan is to open 100 outlets in Brazil by the end of 2016, and to rebrand franchise stores previously operating under the Nokia brand, which was purchased by Microsoft in 2014. In addition to selling Nokia/Microsoft cell phones, the locations will offer company services such as Office 365, Skype call credits, and Xbox Live Gold. Politics, Law, Society Round 13 confirmed The National Petroleum, Natural Gas, and Biofuels Agency (ANP) announced on 7 May that Round 13 of bidding on oil and gas exploratory blocks would be held on 7 October, with the preliminary RFP to be published on 11 June. In January, the round was pushed back from the first to the second half of the year, so it is welcome news that it is now underway. Of 269 blocks to be offered, 84 are offshore and 185 are onshore. The question now is when Brazil might hold a tender for participation in the huge pre-salt offshore reserves, but low global oil prices make that unlikely before 2017, according to Mines and Energy Minister Eduardo Braga on 4 May. Pre-salt development is hampered because of the high cost of production in the ultra-deep regions, and a price of US$80/barrel is considered by some analysts to be a viable threshold. Tendering rules in the spotlight Veirano Advogados Oil, Gas & Biofuels … International Affairs that permits winners to own any oil produced as long as they meet investment and content rules, adhere to environmental and other legislation, and pay a royalty. The pressure is such, however, that some revision of the more stringent production-sharing rules applied to presalt areas seem likely for 2016 or 2017. Relatedly, the National Petroleum, Natural Gas, and Biofuels Agency (ANP) in late March published Resolution 18, which introduces new regulatory discipline on tendering procedures for oil and gas exploration and production blocks. The procedural steps reveal a new emphasis. Submission and judgment of the bids has moved up in the sequence, coming before the qualification of bidders. Thus, only winning bidders undergo the qualification phase, which is now more stringent. The requirements encompass legal, fiscal, and labor compliance, and economic, financial, and technical capacity. Repsol Sinopec at work Spanish-Chinese company Repsol Sinopec is preparing to invest US$5–6 billion within six years to develop a giant deposit in ultra-deep waters of the Campos basin. Of the three fields discovered in block BM-C-33, the main one is Pão de Açúcar, where estimates indicate reserves of over 700 million barrels of oil. Repsol Sinopec estimates a production of 15 mcm/day of gas in the field, about half the volume that Brazil imports from Bolivia. Despite increasing criticism of the local content policy dictating that Petrobras must take a share in any pre-salt production, changes to the rules will not be considered until 2016, according to Mines and Energy Minister Eduardo Braga. That means the auction planned for October will not include any pre-salt areas. Talking to Iran Rather than being offered under a production-sharing system, the 269 areas up for sale in October this year will be tendered under a 20-year-old concession regime Iran and Brazil have signed a memorandum of understanding to build a refinery that will be able to process 300,000 b/d of crude. Iran expects to supply the refinery feedstock exclusively, which will give it a long-term … May 2015 · Volume 04 · Number 05 Viewpoint 9 16 Petrobras news Stakes in offshore blocks Petrobras in mid-April received approval to sell a 30 percent stake in offshore block BM-POT-16 to BP and a 50 percent stake in offshore block BM-P-2 to Total, according to Reuters. Petrobras will keep a 30 percent stake in BM-POT-16, which is located in the Potiguar basin off the northeastern coast. Petrogal and IBV Brasil will have 20 percent each. BM-P-2, in the southern Pelotas basin, will be split equally between Total and Petrobras. A big boost from pre-salt Oil production from the pre-salt fields will rise by more than two-thirds this year, according to Petrobras CEO Aldemir Bendine. Output has already risen from 667,000 b/d in December 2014 to 800,000b/d, and Bendine forecast 70 percent growth this year. Energy & Environment Politics, Law, Society export market for its crude. The deal involved the National Iranian Oil Refining Distribution Company (NIORDC) and an unnamed Brazilian company, according to the Iranian Mehr news agency. Electricity sector Enel good to go Italian company Enel Green Power announced on 30 April that it had secured 20-year power purchase agreements (PPAs) with Brazilian distributors for the 90 MW Cristalandia wind project in Bahia state. The wind park will begin operation in 2017 and will be able to produce over 350 GWh a year. Bi-national power project Brazil is negotiating with Bolivia over the construction of a hydroelectric power station to be built on the Bolivian side of the Madeira River, according to Mines and Energy Minister Eduardo Braga. The plant will have 3 GW of installed generation capacity and is expected to begin operation in 2022. Bolivia will export the excess electricity to Brazil and use the revenue to meet its portion of the plant financing. Shedding distribution companies Eletrobras intends to focus on the profitable transmission and generation segments of the electricity sector, and to that end is preparing to privatize various distributors. The holding company is said to be seeking a single buyer for distributors Cepisa, Ceal, Ceron, and Eletoacre. In addition it will merge distribution subsidiaries Boa Vista Energia and Companhia Energética de Roraima (CERR) prior to privatizing them, according to Estado de São Paulo. International Affairs The new company will be offered alongside Companhia de Eletricidade do Amapá (CEA) and Amazonas Energia as a single block for potential buyers, after Eletrobras subsidiary Eletronorte absorbs the generation and transmission operations of the latter. On 14 May, the government announced that Celg-D would be part of the privatization program, just two months after Eletrobras bought a 51 percent stake in the distributor. Investing in renewables Odebrecht Energia, a unit of Brazilian construction company Odebrecht SA, is seeking investors to purchase stakes in its renewable-energy assets, which include hydroelectric power plants, wind energy parks, and solar energy plants, among other projects. Bloomberg reports that the company is in talks with four international pension funds with interest in its wind, biomass, and hydroelectric operations. Its major projects in Brazil are the Santo Antônio hydroelectric power plant in Rondônia state and the Teles Pires hydroelectric power plant Pará and Mato Grosso states. Application denied The holders of hydroelectric concessions at Belo Monte, Jiraú, and Santo Antônio had their applications to be exempted from responsibility for delays rejected on 28 April by the Brazilian Electricity Regulatory Agency (ANEEL). They will therefore have to buy electricity on the free market and are expected to lose up to US$1.5 billion. … Veirano Advogados Electric Energy … May 2015 · Volume 04 · Number 05 Economy & Business photograph: wikimedia commons/Divulgação Petrobras/Agência Brasil Viewpoint The concession holders had asserted that they were exempt from culpability for a series of problems including strikes, massive trespassing, and political factors. Reserve energy auction Brazilian Electricity Regulatory Agency (ANEEL) has postponed the next reserve energy auction by two weeks, to 15 June, and set the maximum price at US$194/MWh. The auction will include six LNG-fired plants with a total installed capacity of 1.07 GW. Distributors will be offered 20-year supply agreements from new gas-fired thermoelectric plants, including combined-cycle plants. Contracts, which begin on 1 January, will oblige generators to operate plants at full capacity for a minimum of eight hours a day. 10 16 Environmental news Sustainability projects get grant The Brazilian government has authorized a US$10 million grant for environmental projects on indigenous lands. Projects include the management of forest-derived products, resource extraction, family agriculture, and fishing, all geared toward enabling indigenous people to have sustainable livelihoods. The grant, which will go towards projects in Amazonas, Mato Grosso, and Pará states, will come from the Amazon Fund, which is coordinated by the National Bank for Economic and Social Development (BNDES). Managing tropical forests Following 18 months of judicial dispute, the federal government on 28 April signed a 40-year lease on the exploitation of tropical forests in Pará, as part of tropical forest lots managed by the National Forest Service in Amazonia. The four new lots occupy 362,000 hectares Energy & Environment Politics, Law, Society International Affairs Science & technology Edible food packaging Brazilian scientists have unveiled an innovative and sustainable product: edible food packaging. Derived from beets, carrots, papaya, and passion fruit, the packaging is as strong as traditional synthetic plastic wrap, with identical texture and protection capacity, and generates no packaging waste. The product is the result of two decades of research and has already cost about US$200,000. The Brazilian Enterprise for Agricultural and Livestock Research (EMBRAPA) is currently seeking partners to commercialize the product. Korean support for technology South Korea’s Samsung plans to invest US$5 million in Brazil over the next five years to finance startups and support digital entrepreneurship. The initiative is part of a memorandum of understanding on technological cooperation recently signed by Brazilian Science, Technology, and Innovation Minister Aldo Rebelo and his Korean counterpart, Choi Yanghee. A bright future for tech Secretary for Information Technology Policy Virgílio Almeida, at the Ministry of Science, Technology, and Innovation, predicated this month that the Brazilian IT and communications sector would represent 10.7 and produce 200,000 m³ of legal and sustainable wood, generating revenue of R$80 million. The Forest Service will initiate an electronic monitoring management system in real time for these areas. South Korea’s Samsung plans to invest US$5 million in Brazil percent of GDP by 2022 and would employ double the 1.5 million who worked in the sector in 2013. The Brazilian Association of Information Technology and Communication Companies (Brasscom) forecasts a more modest increase to 8 percent of GDP within that timeframe. That is healthy, nonetheless. Veirano Advogados Environment … May 2015 · Volume 04 · Number 05 Economy & Business photograph: wikimedia commons/Philip Jägenstedt Viewpoint Economy & Business Politics in brief Does the left hand know? On 13 May, just hours after approving a bill to limit sick leave and pension payments to surviving relatives, the Chamber of Deputies voted in favor of an amendment that raises federal spending on retirees. The amendment complicates the pension payments issue and represents a setback for Finance Minister Joaquim Levy. 11 16 Levy needs legislation that raises taxes and cuts expenditures to keep the fiscal adjustment on track, and he has been lobbying legislators for weeks to that effect. The government will hope that the setback can be reversed in the Senate or it may impose a presidential veto. There is no guarantee, however, that a veto could be made to stick. A PMDB president? The Brazilian Democratic Movement Party (PMDB) is reviewing its policy program, hiring economists to advise it and improving its communications strategy. The party will hold a convention in September to refine its platform and is considering terminating its alliance with the Workers’ Party (PT) before the next presidential election and putting forward its own candidate. If it does so, it will be the first time in 20 years. Although he denies interest, Eduardo Cunha, the speaker of the Chamber of Deputies, is rumored to be in campaign mode for the post. Michel Temer, the current vicepresident in Dilma Rousseff’s administration, is another prospective candidate, although he will be 78 in 2018. Politics, Law, Society Neves tackles Venezuela On 7 May, Senator Aécio Neves, president of the Brazilian Social Democracy Party (PSDB) and runner-up in the presidential election last autumn, announced the creation of a special congressional commission that will travel to neighboring Venezuela to evaluate the situation of political prisoners and the escalating violence. Neves made the announcement after a Senate Foreign Relations Committee hearing earlier this month, which included the testimony from wives of two Venezuelan political prisoners. “A nation like Brazil, with a president who is a former political prisoner, cannot remain silent when it sees a neighboring country with nearly 90 political prisoners. It is time for the government to act as most Brazilians hope, in defense of democracy. It is an unacceptable omission,” he said at the hearing. After Neves’s announcement, Foreign Minister Mauro Vieira held a press conference in which he announced that he had met with Venezuelan government officials just days before, urging them to set a date for the national election that should take place before the end of 2015. Labor law inches forward The Brazilian Chamber of Deputies, the lower house of the Congress, has passed a bill proposed by the government to limit access to unemployment insurance. The bill is the first of two key measures to cut social-security benefits that the economic team led by Finance Minister Joaquim Levy has forecast will lower expenditures by US$5.9 billion in 2015. The bill still has to be passed in the Senate, whose president, Renan Calheiros, has been critical of the austerity program because of its effect on workers. The bill is already in effect because it took the initial form International Affairs photograph: wikimedia commons/Ministério da Cultura do Brasil/Pércio Campos Politics, Law, Society Energy & Environment Senator Martha Suplicy is expected to run again for mayor of São Paulo of a presidential decree, but if it fails to be approved as legislation by 1 June the decree will expire. Suplicy makes her departure Senator Martha Suplicy, a former federal minister and mayor of São Paulo and a member of the Worker’s Party for 33 years, officially left the party on 28 April. She did not indicate which party she intends to join, though it is widely expected that she will run again for mayor of São Paulo under the Brazilian Socialist Party (PSB) banner. President Dilma Rousseff may be relieved to see her go. Suplicy has been searing in her recent criticisms of the party and the government. Abreu makes her mark Agriculture Minister Kátia Abreu has released a sixpronged Agricultural Defense Plan to improve control of pests and livestock diseases and cut red tape. “We will make this country not just an example of innovation, … May 2015 · Volume 04 · Number 05 Viewpoint Viewpoint Economy & Business Politics, Law, Society International Affairs photograph: EID technology, and creativity, but we will elevate Brazil to a leading international example of quality agricultural defense standards,” said Abreu at the 6 May launch. Energy & Environment The plan envisages a model of efficient management – with effective cooperation and joint action by federal, state, and municipal organs and officials – and includes nearly 50 specific actions. The first phase will be implemented by June 2016 and the second by 2020. 12 16 Legal issues Navantia has signed a contract with the Synergy Group to work on its project to build Macaé-class patrol boats for the Brazilian Navy. Filing suit against contractors Defense issues Petrobras has filed civil lawsuits against Engevix and Mendes Júnior and has announced plans to take legal action against Camargo Corrêa, OAS, and Galvão Engenharia. The state-owned oil giant is demanding US$429.5 million in compensation for its losses on allegedly inflated invoices from the construction companies. Building patrol boats State-owned shipbuilder Navantia has signed a contract with the Synergy Group to work in an advisory capacity with the latter’s shipbuilding subsidiary, Estaleiro Ilha SA (EISA), on its project to build Macaé-class patrol boats for the Brazilian Navy. On 15 May, Brazilian prosecutors indicated that they had obtained court orders to seize US$327 million in assets from construction firms under investigation. Camargo Corrêa, Galvão Engenharia, Sanko Sider, Engevix, and OAS have all been subject to asset seizures, amounting to 1 percent of the contracts the companies signed with Petrobras plus relevant fines. Spanish Navantia drew up a memorandum of understanding with Brazilian Synergy group in 2014 to support a joint bid under the Brazilian Programa de Obtenção de Meios de Superfície (PROSUPER) surface ship program. The contract is the first to be signed as a result of that MoU. Engevix, now seeking to raise funds, has sold its stake in the airports of Natal and Brasília to Argentinean Defense Minister Jaques Wagner has announced that … Inquiring about missile systems Brazil will make an official inquiry about the potential purchase of the Russian Pantsir-S1 missile system. A waiting list for the system extends to 2019. Wagner noted that cuts to Brazilian military expenditures had postponed the inquiry about three Pantsir-1 batteries of up to 18 units. The price tag is an estimated US$1 billion. Russia and China are competing to sell military hardware to Latin America in general and Brazil in particular, as the region is considered a very promising market. Brazilian military spending increased by 7 percent from 2003 to 2010 but it is still relatively modest by global standards. Veirano Advogados Government & Regulatory … May 2015 · Volume 04 · Number 05 Another objective is to strengthen laboratories and research centers that focus on combating and preventing diseases. The plan will also update various sanitary standards and laboratory procedures. Economy & Business Petrobras board members investigated According to the Financial Times, the Brazilian Securities and Exchange Commission (CVM) is investigating former Petrobras board chair Guido Mantega, former board member Jorge Gerdau Johannpeter, and Luciano Coutinho, who is the head of the National Bank for Economic and Social Development (BNDES) and a current board member. 13 16 The three are accused of approving debt targets in the Petrobras 2014–18 business plan while imposing a fuel pricing policy that made those targets almost certainly unreachable. The pricing policy, which has never been publicly detailed and which has recently been terminated, was reportedly designed to shield the local market by selling imported diesel and gasoline at a loss. The drop in international prices has closed the price gap and made the policy redundant, but not before causing Petrobras to lose US$19 billion from 2011 to 2014. Critics suggest that the policy was prompted more by the desire to use the state-owned company as an instrument of inflation control than by concern for consumers. In any event, it was certainly maintained at the expense of investors. Politicians face formal charges It seems that corruption comes in various political stripes. Andre Vargas of the Workers’ Party (PT), Pedro Correa of the allied Progressive Party (PP), Luiz Argolo Politics, Law, Society of the opposition Solidarity (SDD), and Aline Correa of the PP have been charged with embezzlement, money laundering, and related crimes in connection with the corruption scheme at Petrobras. The first three were already in custody. Supreme Court nominee Attorney Luiz Edson Fachin is President Dilma Rousseff’s Supreme Court nominee and faced more than eight hours of questioning by the Committee on Constitution and Justice – a record length of time for vetting candidates. The 57-year-old defended himself against criticism that he is overtly sympathetic to the Landless Workers Movement (MST) and in connection with a video in which he asked for support for Rousseff in the 2010 election. The nominee asserted that he would conduct himself with impartiality and independence if appointed to the bench, and was ultimately approved by 20 votes to 7. Older, and therefore wiser? The Chamber of Deputies on 6 May approved a constitutional amendment that had been under consideration by the Congress for over 10 years. It raises the compulsory retirement age for Supreme Court justices from 70 to 75, with the immediate effect that President Dilma Rousseff will have just two nominations to the bench to make before the end of her term, not the five she expected. International Affairs photograph: United Nations Military Observer Course in Finland Corporación America in order to raise funds. Engevix and Corporación America are both part of the Consortium Inframérica, which holds 100 percent of the Natal airport and 51 percent of Brasília. Energy & Environment The UN is opposed to the reduction of the age of criminal responsibility At the beginning of the month, child and adolescent rights groups demonstrated across 20 states and 70 cities in the country against ratification of the bill, which would change the standard established by the national penal code in 1940. That standard stipulates that children under 18 are not legally responsible for their crimes but does not preclude punishment in juvenile detention centers. Social issues Despite the protests, domestic support for lowering the age is 82–93 percent, depending on the survey. President Dilma Rousseff, however, is not among supporters of the legislation. If it passes, 16-year-olds will be subject to adult sentencing before they are legally allowed to smoke, drink, drive, work full time, get married, or be emancipated from their parents. Lowering the age of criminal responsibility Dengue fever surge continues The United Nations on 11 May affirmed its opposition to the reduction of the age of criminal responsibility from 18 to 16 in Brazil, as the government is proposing to do via a constitutional amendment. Brazil is experiencing a surge in dengue fever, the potentially fatal mosquito-borne virus. Nationwide in the first quarter of 2015 there have been 235 percent more cases than in the same period last year. … May 2015 · Volume 04 · Number 05 Viewpoint Economy & Business Health Minister Arthur Chioro asserts that figures for 2014 were exceptionally low, and that the outbreak in 2013 was worse than the current one. Even so, the Brazilian Armed Forces have been called in to help health workers who are going door to door attempting to locate mosquito breeding grounds in São Paulo, and the United States issued a travel warning in late April. 14 16 There is no vaccine against dengue fever. Strike at Eletrobras Workers at state-owned electricity utility Eletrobras held a three-day strike in mid-May over unpaid benefits, including a share of company profits owed from last year. Eletrobras has 25,000 employees, and its workforce at subsidiaries Eletronorte, Companhia Hidrelétrica do São Francisco (Chesf), and Furnas Centrais Elétricas were all affected. Politics, Law, Society International Affairs Diplomatic briefs Execution in Indonesia Brazilian Rodrigo Gularte was executed by firing squad in Indonesia on 29 April. The convicted drug smuggler had been diagnosed with paranoid schizophrenia and reportedly did not understand what was about to happen to him. Brazil described the execution as “a serious event in relations between the two countries.” Intervening with North Korea? President Park Geun-hye of South Korea has remarked that Brazil could play a key role in persuading North Korea to participate in diplomatic negotiations. Brazil still has diplomatic ties with North Korea and is the only South American country to have embassies in both Koreas. Striking diplomats Brazilian diplomats around the globe went on strike on 12 May to demand better salaries, payment of overdue housing allowances, and official passports for all ministry personnel posted abroad. Brazilian law stipulates that 30 percent of employees at the foreign missions must remain on the job, so the protest is in fact more job action than full strike. BRICS bank gets ready Veirano Advogados Dispute Resolution … International Affairs photograph: facebook/LuizBacci A total of 229 people have died, and at 368 cases per 100,000 residents it amounts to an epidemic by World Health Organization standards. Officials note, however, that the outbreak is not nationwide. More than half of the cases were in São Paulo, where severe drought has prompted residents to store water. The number of cases in the state has tripled since 2014. Energy & Environment The BRICS New Development Bank will be operational by the end of 2015 or early 2016, and membership will be open to all members of the United Nations, subject to agreement from the board of governors, said Vice Finance Minister Shi Yaobin of China. The bank will appoint a governor and deputy governor early July, when it holds its first board meeting. Brazilian Rodrigo Gularte was executed by firing squad in Indonesia International trade Talking about Mercosur Presidents Dilma Rousseff of Brazil and Tabare Vazquez of Uruguay will meet on 21 May to discuss Mercosur issues and bilateral trade between their two countries. Mercosur currently prohibits member countries from making bilateral agreements with third parties outside the bloc or with other blocs, insisting that any such agreements must be approved by consensus within the bloc. Vazquez has indicated that he wishes to recover lost trade with Brazil, which continues to be the main trading partner for Uruguay despite the recent decline. With respect to the Mercosur consensus rule, Uruguay has been a steadfast critic along with Paraguay, but Brazil is new to the table in wanting greater trade liberty. Development, Industry, and Foreign Trade Minister Armando Monteiro Neto recently noted in a meeting with the Chamber of Deputies Foreign Affairs Committee … May 2015 · Volume 04 · Number 05 Viewpoint Viewpoint Economy & Business Surplus/deficit (%) Politics, Law, Society International Affairs photograph: blakeley words+Pictures Table 2: Monthly trade balance by sector Energy & Environment Beef–17.9 Coffee–6.4 Copper ore +27.4 Crude oil +0.9 Iron ore –43.7 Pork–21.2 15 16 Soybeans–38.7 Tobacco–8.5 that the consensus rule impedes trade and is the main barrier to the EU–Mercosur trade negotiations, which have been sputtering along for a decade. Monteiro noted that Brazil wishes to send a clear signal to Argentina of the urgent need to reach a trade agreement with the European Union. Balance of trade Brazil had a trade surplus of US$491 million in April, as reported by the Ministry of Development, Industry, and Foreign Trade. The average trade balance over the past half century has been US$634.03 million, hitting a high of US$5,659.37 million in July 2006 and bottoming out at US$–4,058.14 million in January last year. Last month’s figure is the second monthly surplus after Brazil had a trade surplus of US$491 million in April, as reported by the Ministry of Development, Industry, and Foreign Trade two months of significant deficit, somewhat bettering the March result of US$458 million. The monthly surplus is down almost 3 percent from April 2014, and exports continued their nine-month fall, dropping 23.16 percent year on year (see Table 2 for details). Imports also fell, by 23.7 percent to US$14.66 billion. Hungary wants agricultural cooperation Hungarian Deputy State Secretary for Agricultural Development István Loránd Szakáli, held talks in Brasília on strengthening agricultural cooperation between Hungary and Brazil, most particularly with respect to organic farming and imports of GMO-free soy. The Hungarian constitution bans the cultivation of genetically modified crops. Szakáli also pointed to aquaculture as an important area of cooperation. Bullish on beef? One of the hoped-for results of President Dilma Rousseff’s upcoming visit to the United States, set for 30 June, is the go-ahead to export Brazilian beef to the US market. Brazil exported 37,000 tonnes of cooked beef to the United States in 2014, as the processed product presents no risk of introducing so-called mad cow disease, but fresh beef shipments have been banned. A green light from the United States could ultimately translate into access to Asian markets for beef, which have been shut since 2012 in response to a mad cow disease scare. The largest markets for Brazilian beef of late have been Hong Kong, Russia, and the European Union, although under restricted trade conditions. Japan, China, and South Korea have banned all beef imports for the past two and half years. Veirano Advogados International Trade / WTO … May 2015 · Volume 04 · Number 05 Poultry–18.3 Viewpoint Economy & Business Energy & Environment Politics, Law, Society International Affairs Upcoming events XVII Annual Inflation Targeting Seminar 21–22 May 2015Rio de JaneiroCentral Bank of Brazil [email protected] SolarTech Expo Brazil 2015 2–3 June 2015São Paulo [email protected] 4th Private Equity Latin America Forum 8–9 June 2015New YorkHSBC and EY [email protected] Workshop da Moody’s de Operações Estruturadas 9 June 2015São Paulo Moody’s [email protected] Hedge Fund Brazil Forum 15–16 June 2015São Paulo Latin Markets [email protected] – Investment Opportunities in the Brazilian 19 June 2015New YorkBrazilian–American Pharmaceutical MarketChamber of Commerce brazilcham.com/contact-us Brasil Offshore E&P exhibition [email protected] 23–26 June 2015Rio de JaneiroTechnip and others 16 16 According to the Brazilian Tree Industry (Ibá), first-quarter export revenues from pulp, paper, and wood panels totaled US$ 1.8 billion, a 3.1 percent year-on-year increase. Within that result, wood panels exports were up 43.3 percent but paper exports were down 3.5. photograph: wikimedia commons/Korean Culture and Information Service/Jeon Han Pulp exports promising The outlook for Brazilian pulp production and exports looks promising. Some 2.8 million tons of cellulose pulp was exported in 2015Q1, 19.9 percent more than in the same period a year ago comprehensive partnership with Vietnam and boost bilateral trade to US$10 billion by 2020. Nguyen noted that the potential for cooperation in energy, agriculture, science, technology, biotechnology, defense, and aviation remains untapped. Veirano Advogados VistaBrazil 05.15 The industry’s trade balance over the period was US$1.4 billion, up 7.5 percent year on year. Deepening ties with Vietnam At the 25th Global Summit of Women, President Dilma Rousseff welcomed Vietnamese Vice-President Nguyen Thi Doan and noted that Brazil wishes to strengthen its Vietnamese Vice-President Nguyen Thi Doan May 2015 · Volume 04 · Number 05 TitleDatePlaceSponsorContact