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Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond

EXPORTING OHIO TO
LATIN AMERICA: A
BRAZILIAN CASE STUDY
dwilsonjdmba
dwilson@keglerbrown.com

David M. Wilson, Kegler Brown
Exporting Ohio to Latin America: A
Brazilian Case Study
Brazil: The Basics

P E S T

-Facts
-Opportunities
-Risks

3 Issues that could Make or Break your Brazilian Business
Strategy
-Organizational Structure
-Labor
-Regulation & Tax

2012 & Beyond
-Infrastructure
-Inflation & Currency
-Regulation
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T

What are the Political, Economic, Social and Technological
reasons to enter Brazil?
export, manufacture, distribute, design . . .


Political




Economic




Macro trends, Currency risks

Social




The ability of government to respond to and NOT create political
risk

The ability of stakeholders to identify vulnerabilities & apply
pressure to the company to change its behavior

Technological


Infrastructure, IP Protection, Government Incentives
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T

Political Risk
-The ability of government to respond to political risk
-The ability of government to NOT cause political risk





The unit of
measurement for
political risk is
STABILITY

Government Structure
Level of Corruption
Appropriation Concerns
Bureaucracy

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T

Political Risk
-The ability of government to respond to political risk
-The ability of government to NOT cause political risk


The unit of
measurement for
political risk is
STABILITY

Government Stability


Stable Republic Since 1985



Multiple Peaceful Elections



Democratic Constitution



Functioning Executive, Legislative and Judicial Branches



Multiple Party System



Increasingly developed services: Fire, Police, EMS

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T
The unit of
measurement for
political risk is
STABILITY

Political Risk
-The ability of government to respond to political risk
-The ability of government to NOT cause political risk


Level of Corruption


Transparency International 2010 CPI index





The abuse of entrusted power for private gain
Perception of corruption in public sector

2010 (most current


USA: 22 of 180




Brazil: 69 of 180




Apx. 62nd percentile

1995 (year 1 of CPI)


USA: 15 of 41




Apx. 63rd percentile

Denmark*
1st

USA
22nd

Brazil
69th

China
78th

India
87th

Russia
154th

Brazil: 36 of 41




Apx. 88th percentile

Apx .13th percentile

Rousseff Cleaning House


Jettisoned 5 cabinet members since June
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T

Political Risk
-The ability of government to respond to political risk
-The ability of government to NOT cause political risk


The unit of
measurement for
political risk is
STABILITY

Appropriation concerns



Long history of privatization & recent commitments
Talk of reviving old laws for a few categories



land restrictions on % of land in a district that foreigners may buy
1971 law found unconstitutional but is being revisited (no talk of taking
land)

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T

Political Risk
-The ability of government to respond to political risk
-The ability of government to NOT cause political risk


The unit of
measurement for
political risk is
STABILITY

Bureaucracy?

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics


P E S T

Largest Latin American economy


7 largest in the World




Macro Trends

Developed financial markets

Young workforce


39.3%



United States

30.5%





Brazil
China

29.4%

Increasing domestic demand


Growing Middle Class


Over 35 million Brazilians entered the middle class from 2003 to 2009




estimates predict an additional 20 million will climb the ladder by 2014

Per Capita GDP larger than China or India


$10,816



China

$4,382





Brazil
India

$1,371

Rich Commodities Base – Energy, Mining, Agribusiness


Vies with Australia as worlds largest exporter of iron ore



Fertile Land: 1/3rd global coffee, ½ of all global sugarcane exports, major world player in beef, poultry, soybeans and corn



Recent oil field discovery 15bn to 70-100bn barrels




NPV of this discovery is apx $500bn apx 20% of GDP

Rainforest, Hydro

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics


P E S T

Currency


General


Weak exchange rate generally makes a country’s exports cheaper





Central banks in Japan, South Korea and Taiwan have recently
intervened to make their currencies cheaper
China continues to suppress the value of its currency to strengthen
exports

Brazilian Real



1.59 end of August, crossed 1.9 (intraday) September
Selling in September






Foreign investment attracted by high returns began to sell in September
largely due to fear of Greek crisis
 notably Japan
Central bank lowered benchmark rate by .5%

Many view the valuation as stabilizing after >45% increase since
2008
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics


P E S T

Currency Risk


Transaction exposure – commitment to make payment at future date


Solutions:






Translation exposure – accounting based changes in consolidated FS




Taking the value on 1 day and reporting on your statements

Solutions:




Forward Contracts
Risk Sharing Agreements
Foreign Currency Options

Swap (assets, debts, and/or liabilities with someone else, e.g., a bank or another
company)

Economic exposure – non zero changes in expected cash flows due to
changes in currency (real not just nominal)


Solutions:


Diversification

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T
How substantive is the
stakeholder?

Social Risk
-The ability of stakeholders to identify vulnerabilities & apply
pressure to the company to change its behavior


Stakeholders




How intense is the threat?

Shareholders, NGOs, Interest Groups, Consumers, Local
Communities. . .

Factors


Cultural Norms, Languages






“Culture eats strategy for breakfast” – Oded Shenkar

Demographics
GINI index (inequality of income)
Ethnic Conflict
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics



Geert Hofstede’s Cultural
Dimensions








P E S T

Power Distance
Individualism
Masculinity
Uncertainty Avoidance
Long-Term Orientation

www.geert-hofstede.com
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T
How substantive is the
stakeholder?

Social Risk
-The ability of stakeholders to identify vulnerabilities & apply
pressure to the company to change its behavior


How intense is the threat?

Solutions


Decouple your brands / products




Partner with NGOs




Charge premium on specific brands for CSR projects, not all
consumers
Reputational benefit, they understand the industry and may help keep
you up to date with shifts in pressure

Admit Wrongs


People are more likely to believe your CSR reports when you tell
them what you are doing wrong (and how you addressing it)
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics

P E S T
How substantive is the
stakeholder?

Social Risk
-The ability of stakeholders to identify vulnerabilities & apply
pressure to the company to change its behavior



How intense is the threat?

Education
 Past

2000
- ½ Brazilian students graduated grade school
- 3 out of 4 adults were functionally illiterate

 Present
-Goal to reach OECD standard over next
decade
-75,000 scholarships to attend world’s top
universities (only 9,000 a few months ago)

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The Basics


P E S T

Technological


Infrastructure





Power
Public Health

IP Protection


Codified IP law protected by the Brazilian Constitution








Rights are enforceable





Industrial Property Law, Law No. 9279, as amended (May 15, 1996)(Braz).
Provides for contracts involving technology transfer, technical and scientific
services, franchising and protection against unfair competition
Instituto Nacional da Propriedade Industrial (INPI)
 Federal agency in charge of regulating and registering
patents, trademarks, industrial designs, approving licensing and other agreements
Copyright Law, Law No. 9610, as amended (Feb 20, 1998)(Braz).
 Regulates Brazilian Copyrights and some Software Law
Patent holder is entitled to prevent others from using, producing, selling, offering, or
importing a patented product or process
Patent holder is entitled to be indemnified for improper use

Government Incentives
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
3 Issues that can Make or Break
Your Brazilian Business Strategy
Entry Method & Organizational Structure

Labor

Regulation & Tax

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure
 Wholly

Owned Subsidiaries

 Non-Equity Alliance
 Licensing

agreements
 Supply agreements
 Distribution agreements
 Non-Equity joint venture


Stable Brazilian legal system
leads to fairly predictable results
– but you may not always like
them

Heads of Agreement (Similar to US Memo of
Understanding)

 Equity
 Joint

Alliance
venture
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure


Wholly owned subsidiary




Foreign capital in Brazil treated quite liberally
Current legislation does not distinguish between domestic & foreign
owned companies
Investments may be freely made & are not subject to any prior
approval, license or authorization from authorities




No max or min limit on investment amount





Levels if wish to employee non-Brazilians

No max or min term for the investment (repatriate anytime)
Amounts paid by a Brazilian company to a foreign investor are NOT
subject to any withholding tax




But must be registered with Central Bank’s online system

Amounts over the initial registration are generally treated as capital gains
and subject to 15% tax (25% if investor resides in a tax haven)

Foreign investors are free to use any of the available company
forms
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure
Sociedade Limitada (LTDA)
 Sociedade Anônima (SA)
 Sociedade Simples
 Sociedade em Nome Coletivo
 Sociedade em Comandita Simples
 Sociedade em Comandita por ações
 Sociedade em Comum
 Sociedade em conta de Participação
 Associações
 Fundações
 Cooperativas
 Consórcio


Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure


Sociedade Limitada (LTDA)


Similar to US LLC
 Liability limited to partner’s quotas







Simplicity & Flexibility
Reduced Maintenance Costs
Less Formal Requirements
 Must have at least 2 partners
 Brazilian partners are not required
 May be managed by one or more persons, partners or other entity






Quotas may be freely transferred according to the articles of association
May not be traded publicly

Manager must reside in Brazil
 If foreign manager, must possess a permanent Brazilian Visa with authorization to act as
manager of a specific company

Generally preferred for wholly owned subsidiaries

Sociedade Anônima (SA)






Similar to US Corporation
May issue securities, debentures and may be publicly held
Higher Maintenance Costs
More formal requirements
Generally preferred for ventures comprised of a large number of different shareholder
groups
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure


Distributorship & Agency Relationships



Brazilian agency relationships is governed by the Brazilian Civil Code
and by special legislation, Law n. 4.886/1965
Exclusivity is NOT presumed unless expressly established in an
agency agreement





However exclusivity is common and will likely be required by potential
agents
Exclusivity entitles the agent to compensation related to direct sales
made by the company without assistance of the agent

Termination






There are specific enumerated “just” reasons for the termination of an
agency agreement
Termination is typically both difficult & costly
Generally, an agent is entitled to no less that 1/12th of the total amount
received during the time of agency or an amount equal to the monthly
average compensation received multiplied by the remaining months left
in the agency contract term.
An agent is also generally entitled to reimbursement for
investments, such as office rent and equipment expenses
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure


Joint Venture


May be created with or without a joint company




Contractual joint ventures between your LTDA/SA and a
Brazilian company
Low cost entry and exit to new markets, industries and
industry segments
Opportunity for learning

Provides a contractual framework for operations without
generating the problems associated with an agency
relationship
 Enables each party to take full responsibility for its
contribution to the venture while minimizing the issues
associated with exclusivity
 Enables low cost entry and exit




May later evolve into equity alliance
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Entry Method & Organizational
Structure


Should you vertically integrate?




Transaction Costs





Is the exchange subject to high threats of opportunism due
to high transaction specific investments?
Is the exchange subject to high threats of opportunism due
to uncertainty and complexity?

Capabilities




Some or all of the value chain, acquire rather than joint
venture

Do you have valuable, rare and costly to imitate
resources?

Real Options


To retain flexibility: exchanges characterized by high levels
For additional information on
of uncertainty should Jay B. Barney, this topic please reference: Gaining & Sustaining Competitive Advantage
vertically integrated
Third Edition, not be 2007
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Labor – It’s more than just the 13th
salary
Labor rights are outlined in the Brazilian Constitution, as well
as laws, decrees, provisional measures, ordinances and
regulations, international conventions and treaties (ratified by
the Brazilian government), company policies, Supreme Court
decisions, Superior Labor Court decisions and customs

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Labor – It’s more than just the 13th
salary


Basic Principals



Worker Protection: the worker is considered the weaker
party in the relationship
In labor-related conflicts, at any level or
jurisdiction, whenever there is a doubt regarding
evidence, the court’s decision will favor the worker











The law most favorable to the worker will be applied
The conditions most favorable to the worker will be presumed

Actual facts prevail over written documents
Protected salary (generally cannot lower an employee’s
salary)
Defense of workers honor and ethical code
Nondiscriminatory practices
Continuity of employment relationship
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Labor – It’s more than just the 13th
salary


Direct agreements between employees and employers to resolve
conflicts are not valid



The Brazilian constitution provides the right to sue as an individual
guarantee
There are ways to settle





Every 12 months employees are entitled to 30 calendar days paid
vacation




Arbitration, union conciliation commissions. . .
but they do NOT prevent the right of individual claims

In addition to the 13th salary (Christmas bonus equal to 1/12 the salary
for each month of that year)

Every month employer must deposit an amount = to 8% of
employees salary into Unemployment Fund



If employee is dismissed without cause, the employee may withdraw the
amount
Employer must pay a penalty equal to 40% of the amount and an
additional 10% to the government
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Labor – It’s more than just the 13th
salary


Not at will



30 days prior notice (some agreements may require longer period of time)
Notice shall specify whether the 30 days must be worked or not worked




If worked may be absent for 7 consecutive days or may leave 2 hours early every day

For cause if:







A dishonest act
Improper conduct
Regularly doing business on behalf of himself or for a third party
Criminal conviction
Inadequate discharge of duty
Habitual drunkenness









Currently debate on this cause; many courts consider it a social problem and not a just
cause

Violation of trade secrets
Act of disobedience or insubordination
Abandonment of employment
Injurious act to the honor of any person during working hours (except in self defense)
Persistent gambling

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Labor – It’s more than just the 13th
salary


Brazilian v. Non-Brazilian


Staff of companies with three or more employees
must be 2/3 Brazilian






And, at least 2/3rds of the payroll must be paid to Brazilians

Salaries paid to employees in Brazil cannot be based
on foreign currency

Federal, State and Municipal Taxes


Contribution for Financing Social Security COFINS




7.6% calculated based on gross revenue from the sale of
goods or services

Contribution to the Social Integration Plan PIS
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation & Tax
 Import

Export Process
 Minimum Wage
 Privatization
 Recent Tax & Regulation Changes

“If you’re honest and want to comply with the tax
code, you need an accountant and a tax lawyer for life”
-The Economist, September 24, 2011 quoting a São Paulo based
economist

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation & Tax


Import Export Process


Register with the governmental registration system






Obtain importing license if required





Automatic
Non-Automatic (process may take several months)
 ANVISA, IBAMA, MAPA, DECEX, CNEN, ANP, ANEEL, DPF, COMEX, MCT .
..

Radar





Secretary of Foreign Trade SECEX, SISCOMEX system
Subject to significant variability

Simplified
Ordinary

Tax / Duty


Generally all imports are subject to import duty, IPI, ICMS, PIS and COFINS
 Import duty is calculated on the total CIF (cost, insurance & freight)
 Are charged based on the tariff classification of the product



Import Tariffs rage from 0 – 35% with an average applied tariff rate of 11.5%
The import duty rate for machinery and equipment not produced local MAY be
reduced to 2% upon request of the importer to the competent authorities
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation & Tax
 MERCOSUL



southern common market

Free from import duty with certificate of origin
However Exceptions to Common External Tariff (CET)
 Brazil is permitted 93 exceptions to the CET
 June, 2009 the trade minister raised several import duty
rates:
 August, 2009 MERCOSUL members approved tariff
increases on hundreds of products within the CET
 Primarily dairy, textiles, bags, backpacks, suitcases up
to the bound level apx 31.4%

Member
Countries
Brazil
Argentina
Uruguay
Paraguay

Applied
Venezuela

Not yet ratified by
Paraguay

Associate
Member
Bolivia
Chile
Columbia
Ecuador
Peru

Observer of
Agreement
Mexico

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation & Tax


Recent Tax Changes


July, 2011




August, 2011




1% tax on foreign derivatives
Three prong plan to continue to spur economic growth

September, 2011


30% Increase in industrial product tax on cars (37-55%)
 Exempt if 65% domestic parts (Brazil, Mexico or
Mercosul country)
 Oct 6, 2011 Renault SA announced plans to increase its
Brazilian production capacity by 100,000 vehicles
 Brazil will be the companies 2nd largest market after France
 Expects sales of 3 million vehicles annually by 2013 with
25% from Brazil


October 10, 2011 Chinese auto maker JAC announced it
would build a factory in Brazil – output set to begin in
2014
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation & Tax


Minimum Wage
 January

2012 increases 14%

 Currently

R$ 545 per month x 13 (US$ 12,540)
 Likely to reach R$ 817 per month by 2015
(US$18,800)
 54


million Brazilians at min wage level

Increased domestic demand
 Likely



increases consumption

Risks
 Some

industries may see significant increases in
3 Make or
Brazil: The
2012 and
Break
COGS
Basics
Beyond
Issues
Regulation & Tax


Privatization




Infrastructure Need
Auction method
Airports





São Gonçalo do Amarante Airport – R$ 170 million (3x reserve)
3 more by end of 2011

Oilfield Rights

The Brazilian President’s office emphasized, “[t]he government does not
intend to get involved in these investments. These investments are going
to be a long-term, private sector affair. The private sector must play a key
role.”

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
2012 & Beyond




Infrastructure
Currency Rally & Inflation
Regulation

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Infrastructure


Unlike the United States, Brazil is only beginning to develop
its infrastructure capabilities






Domestic Growth
2014 World Cup
2016 Olympics

President Rousseff


Infrastructure background


Lula’s Program for Accelerated Growth Coordinator and is known for
her technical analysis




History of funding with private capital

Opportunities exist for



US companies with capabilities to assist in infrastructure
development
US companies that already possess the ability to
design, develop, manufacture or deliver goods
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Infrastructure


Logistics


Rail


ALL





ANTT road & rail regulator




Creating and paving many connecting routes

Air


Privatization




Recent concessions changes enables competitors to pay ALL an
access fee

Road




Monopoly on rail concessions it operates
Excess capacity (profitable lines at near full capacity

Operations, construction opportunities

Telecom


30% of households have broadband
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Inflation, Currency, Macro
Trends


Inflation


Analyst’s views very on inflation: 2012-2013 Range: low 3% to
high 6%




Factors




Disagreements largely relate to labor productivity and fiscal accounts

Significant FDI lured by high interest rates and growth

Government Focus


Education





Increases in productivity
Increases in the pool of educated labor decreases wage pressure
which reduces inflation concerns

Reduce Costs


Eliminated Payroll taxes for labor intensive industries like furniture
and textiles in August
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Inflation, Currency, Macro
Trends


GDP Projections: mid to high single digit growth in 2013
 GDP Gap
Min wage increase .6% + reduction in tax revenues from new industrial
policies .4% = 1% GDP gap from expenditures & decrease of tax revenues
 New Oil fields provide wealth to help fund infrastructure investment
 Involvement of private sector capital in infrastructure development may reduce
need for Government infrastructure expenditures (Increased privatization and
licensing likely)
Many analysts agree that the
main risk for the Brazilian
economy is not local, rather
the potential deterioration of
Impact of E.U.
the E.U.
 Greek debt default and general credit drop of the EU which triggers a regional
recession will likely also reduce growth in the US and China








This reduction in global demand will likely lead to decreased commodity prices

The impact of external noise would likely be smoothed by Brazilian fiscal and
monetary counter cyclical policies; however, GDP growth would likely
decrease to 2-3% in 2013
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Inflation, Currency, Macro
Trends


Currency
 Largely

dependent on EU crisis

 If

no EU recession and developed banks print more
money this increased liquidity will likely keep rates low
for several years. This will likely lead to increased
Brazilian Real appreciation


Many analysts project as strong as BR$1.5 to US$1

 If

global distress then Brazilian Real could likely
weaken to 1.7 or worse

Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Inflation, Currency, Macro
Trends


Macro Trends
 Min Wage
2012, 14% min wage increase – 54 million
receive min wage
 Should support consumption and prevent downside
demand pressures
 January

Even if EU recession, unlikely that Brazil will experience
recession
 Consumption is a high % of the Brazilian economy


 May

impact cost of labor and COGS in your industry
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Regulation


A Bigger Brazil:
 US$

16 Billion in tax breaks (over 2 years)

 Eliminate


 Buy

3 prong plan to continue to spur economic growth

payroll taxes for labor intensive industries

Software, Textiles, Shoes, Furniture

Brazil Initiative

 Allows

government agencies to pay up to 25% more
for locally produced products than similar foreign
goods


Particularly when purchasing for defense, health, or high
tech communications equipment

 Subsidized

Loan Programs
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond
Brazil: The
Basics

3 Make or
Break
Issues

2012 and
Beyond

EXPORTING OHIO TO
LATIN AMERICA: A
BRAZILIAN CASE STUDY
dwilsonjdmba
dwilson@keglerbrown.com

David M. Wilson, Kegler Brown
Additional Sources


















UBS Investment Research: Emerging Economic Focus, UBS, August 29, 2011
A Closer Look at Brazil’s Credit Boom, Deutsche Bank EM Special Publication, July
22, 2011
Anchoring, De-Anchoring, Re-Anchoring, Bradesco Corretora Economics BBI Equity
Research, September 6, 2011
Economic Outlook: Brazil, BBVA, Third Quarter 2011
Brazil Auctions Rights to Airport, WSJ, August 23, 2011
The Geopolitics of Brazil: An Emergent Power’s Struggle with
Geography, STRATFOR, July 14, 2011
The Aging World, Ned Davis Research Inc, July 21, 2011
Japanese Dump Real Funds at Fastest Pace Since Earthquake: Brazil
Credit, Bloomberg, September, 30, 2011
First they went for the currency, now for the land, The Economist, September
24, 2011
Gaining & Sustaining Competitive Advantage Third Edition, Jay B. Barney, 2007
Privatization and the Distribution of Assets and Income in Brazil, Economic Reform
Project: Global Policy Program, July, 2000

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2011 Ohio Hispanic Business Summit

  • 1. Brazil: The Basics 3 Make or Break Issues 2012 and Beyond EXPORTING OHIO TO LATIN AMERICA: A BRAZILIAN CASE STUDY dwilsonjdmba dwilson@keglerbrown.com David M. Wilson, Kegler Brown
  • 2. Exporting Ohio to Latin America: A Brazilian Case Study Brazil: The Basics P E S T -Facts -Opportunities -Risks 3 Issues that could Make or Break your Brazilian Business Strategy -Organizational Structure -Labor -Regulation & Tax 2012 & Beyond -Infrastructure -Inflation & Currency -Regulation Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 3. Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 4. Brazil: The Basics P E S T What are the Political, Economic, Social and Technological reasons to enter Brazil? export, manufacture, distribute, design . . .  Political   Economic   Macro trends, Currency risks Social   The ability of government to respond to and NOT create political risk The ability of stakeholders to identify vulnerabilities & apply pressure to the company to change its behavior Technological  Infrastructure, IP Protection, Government Incentives Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 5. Brazil: The Basics P E S T Political Risk -The ability of government to respond to political risk -The ability of government to NOT cause political risk     The unit of measurement for political risk is STABILITY Government Structure Level of Corruption Appropriation Concerns Bureaucracy Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 6. Brazil: The Basics P E S T Political Risk -The ability of government to respond to political risk -The ability of government to NOT cause political risk  The unit of measurement for political risk is STABILITY Government Stability  Stable Republic Since 1985  Multiple Peaceful Elections  Democratic Constitution  Functioning Executive, Legislative and Judicial Branches  Multiple Party System  Increasingly developed services: Fire, Police, EMS Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 7. Brazil: The Basics P E S T The unit of measurement for political risk is STABILITY Political Risk -The ability of government to respond to political risk -The ability of government to NOT cause political risk  Level of Corruption  Transparency International 2010 CPI index    The abuse of entrusted power for private gain Perception of corruption in public sector 2010 (most current  USA: 22 of 180   Brazil: 69 of 180   Apx. 62nd percentile 1995 (year 1 of CPI)  USA: 15 of 41   Apx. 63rd percentile Denmark* 1st USA 22nd Brazil 69th China 78th India 87th Russia 154th Brazil: 36 of 41   Apx. 88th percentile Apx .13th percentile Rousseff Cleaning House  Jettisoned 5 cabinet members since June Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 8. Brazil: The Basics P E S T Political Risk -The ability of government to respond to political risk -The ability of government to NOT cause political risk  The unit of measurement for political risk is STABILITY Appropriation concerns   Long history of privatization & recent commitments Talk of reviving old laws for a few categories   land restrictions on % of land in a district that foreigners may buy 1971 law found unconstitutional but is being revisited (no talk of taking land) Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 9. Brazil: The Basics P E S T Political Risk -The ability of government to respond to political risk -The ability of government to NOT cause political risk  The unit of measurement for political risk is STABILITY Bureaucracy? Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 10. Brazil: The Basics  P E S T Largest Latin American economy  7 largest in the World   Macro Trends Developed financial markets Young workforce  39.3%  United States 30.5%   Brazil China 29.4% Increasing domestic demand  Growing Middle Class  Over 35 million Brazilians entered the middle class from 2003 to 2009   estimates predict an additional 20 million will climb the ladder by 2014 Per Capita GDP larger than China or India  $10,816  China $4,382   Brazil India $1,371 Rich Commodities Base – Energy, Mining, Agribusiness  Vies with Australia as worlds largest exporter of iron ore  Fertile Land: 1/3rd global coffee, ½ of all global sugarcane exports, major world player in beef, poultry, soybeans and corn  Recent oil field discovery 15bn to 70-100bn barrels   NPV of this discovery is apx $500bn apx 20% of GDP Rainforest, Hydro Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 11. Brazil: The Basics  P E S T Currency  General  Weak exchange rate generally makes a country’s exports cheaper    Central banks in Japan, South Korea and Taiwan have recently intervened to make their currencies cheaper China continues to suppress the value of its currency to strengthen exports Brazilian Real   1.59 end of August, crossed 1.9 (intraday) September Selling in September    Foreign investment attracted by high returns began to sell in September largely due to fear of Greek crisis  notably Japan Central bank lowered benchmark rate by .5% Many view the valuation as stabilizing after >45% increase since 2008 Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 12. Brazil: The Basics  P E S T Currency Risk  Transaction exposure – commitment to make payment at future date  Solutions:     Translation exposure – accounting based changes in consolidated FS   Taking the value on 1 day and reporting on your statements Solutions:   Forward Contracts Risk Sharing Agreements Foreign Currency Options Swap (assets, debts, and/or liabilities with someone else, e.g., a bank or another company) Economic exposure – non zero changes in expected cash flows due to changes in currency (real not just nominal)  Solutions:  Diversification Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 13. Brazil: The Basics P E S T How substantive is the stakeholder? Social Risk -The ability of stakeholders to identify vulnerabilities & apply pressure to the company to change its behavior  Stakeholders   How intense is the threat? Shareholders, NGOs, Interest Groups, Consumers, Local Communities. . . Factors  Cultural Norms, Languages     “Culture eats strategy for breakfast” – Oded Shenkar Demographics GINI index (inequality of income) Ethnic Conflict Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 14. Brazil: The Basics  Geert Hofstede’s Cultural Dimensions       P E S T Power Distance Individualism Masculinity Uncertainty Avoidance Long-Term Orientation www.geert-hofstede.com Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 15. Brazil: The Basics P E S T How substantive is the stakeholder? Social Risk -The ability of stakeholders to identify vulnerabilities & apply pressure to the company to change its behavior  How intense is the threat? Solutions  Decouple your brands / products   Partner with NGOs   Charge premium on specific brands for CSR projects, not all consumers Reputational benefit, they understand the industry and may help keep you up to date with shifts in pressure Admit Wrongs  People are more likely to believe your CSR reports when you tell them what you are doing wrong (and how you addressing it) Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 16. Brazil: The Basics P E S T How substantive is the stakeholder? Social Risk -The ability of stakeholders to identify vulnerabilities & apply pressure to the company to change its behavior  How intense is the threat? Education  Past 2000 - ½ Brazilian students graduated grade school - 3 out of 4 adults were functionally illiterate  Present -Goal to reach OECD standard over next decade -75,000 scholarships to attend world’s top universities (only 9,000 a few months ago) Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 17. Brazil: The Basics  P E S T Technological  Infrastructure    Power Public Health IP Protection  Codified IP law protected by the Brazilian Constitution      Rights are enforceable    Industrial Property Law, Law No. 9279, as amended (May 15, 1996)(Braz). Provides for contracts involving technology transfer, technical and scientific services, franchising and protection against unfair competition Instituto Nacional da Propriedade Industrial (INPI)  Federal agency in charge of regulating and registering patents, trademarks, industrial designs, approving licensing and other agreements Copyright Law, Law No. 9610, as amended (Feb 20, 1998)(Braz).  Regulates Brazilian Copyrights and some Software Law Patent holder is entitled to prevent others from using, producing, selling, offering, or importing a patented product or process Patent holder is entitled to be indemnified for improper use Government Incentives Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 18. 3 Issues that can Make or Break Your Brazilian Business Strategy Entry Method & Organizational Structure Labor Regulation & Tax Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 19. Entry Method & Organizational Structure  Wholly Owned Subsidiaries  Non-Equity Alliance  Licensing agreements  Supply agreements  Distribution agreements  Non-Equity joint venture  Stable Brazilian legal system leads to fairly predictable results – but you may not always like them Heads of Agreement (Similar to US Memo of Understanding)  Equity  Joint Alliance venture Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 20. Entry Method & Organizational Structure  Wholly owned subsidiary    Foreign capital in Brazil treated quite liberally Current legislation does not distinguish between domestic & foreign owned companies Investments may be freely made & are not subject to any prior approval, license or authorization from authorities   No max or min limit on investment amount    Levels if wish to employee non-Brazilians No max or min term for the investment (repatriate anytime) Amounts paid by a Brazilian company to a foreign investor are NOT subject to any withholding tax   But must be registered with Central Bank’s online system Amounts over the initial registration are generally treated as capital gains and subject to 15% tax (25% if investor resides in a tax haven) Foreign investors are free to use any of the available company forms Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 21. Entry Method & Organizational Structure Sociedade Limitada (LTDA)  Sociedade Anônima (SA)  Sociedade Simples  Sociedade em Nome Coletivo  Sociedade em Comandita Simples  Sociedade em Comandita por ações  Sociedade em Comum  Sociedade em conta de Participação  Associações  Fundações  Cooperativas  Consórcio  Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 22. Entry Method & Organizational Structure  Sociedade Limitada (LTDA)  Similar to US LLC  Liability limited to partner’s quotas      Simplicity & Flexibility Reduced Maintenance Costs Less Formal Requirements  Must have at least 2 partners  Brazilian partners are not required  May be managed by one or more persons, partners or other entity    Quotas may be freely transferred according to the articles of association May not be traded publicly Manager must reside in Brazil  If foreign manager, must possess a permanent Brazilian Visa with authorization to act as manager of a specific company Generally preferred for wholly owned subsidiaries Sociedade Anônima (SA)      Similar to US Corporation May issue securities, debentures and may be publicly held Higher Maintenance Costs More formal requirements Generally preferred for ventures comprised of a large number of different shareholder groups Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 23. Entry Method & Organizational Structure  Distributorship & Agency Relationships   Brazilian agency relationships is governed by the Brazilian Civil Code and by special legislation, Law n. 4.886/1965 Exclusivity is NOT presumed unless expressly established in an agency agreement    However exclusivity is common and will likely be required by potential agents Exclusivity entitles the agent to compensation related to direct sales made by the company without assistance of the agent Termination     There are specific enumerated “just” reasons for the termination of an agency agreement Termination is typically both difficult & costly Generally, an agent is entitled to no less that 1/12th of the total amount received during the time of agency or an amount equal to the monthly average compensation received multiplied by the remaining months left in the agency contract term. An agent is also generally entitled to reimbursement for investments, such as office rent and equipment expenses Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 24. Entry Method & Organizational Structure  Joint Venture  May be created with or without a joint company    Contractual joint ventures between your LTDA/SA and a Brazilian company Low cost entry and exit to new markets, industries and industry segments Opportunity for learning Provides a contractual framework for operations without generating the problems associated with an agency relationship  Enables each party to take full responsibility for its contribution to the venture while minimizing the issues associated with exclusivity  Enables low cost entry and exit   May later evolve into equity alliance Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 25. Entry Method & Organizational Structure  Should you vertically integrate?   Transaction Costs    Is the exchange subject to high threats of opportunism due to high transaction specific investments? Is the exchange subject to high threats of opportunism due to uncertainty and complexity? Capabilities   Some or all of the value chain, acquire rather than joint venture Do you have valuable, rare and costly to imitate resources? Real Options  To retain flexibility: exchanges characterized by high levels For additional information on of uncertainty should Jay B. Barney, this topic please reference: Gaining & Sustaining Competitive Advantage vertically integrated Third Edition, not be 2007 Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 26. Labor – It’s more than just the 13th salary Labor rights are outlined in the Brazilian Constitution, as well as laws, decrees, provisional measures, ordinances and regulations, international conventions and treaties (ratified by the Brazilian government), company policies, Supreme Court decisions, Superior Labor Court decisions and customs Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 27. Labor – It’s more than just the 13th salary  Basic Principals   Worker Protection: the worker is considered the weaker party in the relationship In labor-related conflicts, at any level or jurisdiction, whenever there is a doubt regarding evidence, the court’s decision will favor the worker        The law most favorable to the worker will be applied The conditions most favorable to the worker will be presumed Actual facts prevail over written documents Protected salary (generally cannot lower an employee’s salary) Defense of workers honor and ethical code Nondiscriminatory practices Continuity of employment relationship Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 28. Labor – It’s more than just the 13th salary  Direct agreements between employees and employers to resolve conflicts are not valid   The Brazilian constitution provides the right to sue as an individual guarantee There are ways to settle    Every 12 months employees are entitled to 30 calendar days paid vacation   Arbitration, union conciliation commissions. . . but they do NOT prevent the right of individual claims In addition to the 13th salary (Christmas bonus equal to 1/12 the salary for each month of that year) Every month employer must deposit an amount = to 8% of employees salary into Unemployment Fund   If employee is dismissed without cause, the employee may withdraw the amount Employer must pay a penalty equal to 40% of the amount and an additional 10% to the government Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 29. Labor – It’s more than just the 13th salary  Not at will   30 days prior notice (some agreements may require longer period of time) Notice shall specify whether the 30 days must be worked or not worked   If worked may be absent for 7 consecutive days or may leave 2 hours early every day For cause if:       A dishonest act Improper conduct Regularly doing business on behalf of himself or for a third party Criminal conviction Inadequate discharge of duty Habitual drunkenness       Currently debate on this cause; many courts consider it a social problem and not a just cause Violation of trade secrets Act of disobedience or insubordination Abandonment of employment Injurious act to the honor of any person during working hours (except in self defense) Persistent gambling Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 30. Labor – It’s more than just the 13th salary  Brazilian v. Non-Brazilian  Staff of companies with three or more employees must be 2/3 Brazilian    And, at least 2/3rds of the payroll must be paid to Brazilians Salaries paid to employees in Brazil cannot be based on foreign currency Federal, State and Municipal Taxes  Contribution for Financing Social Security COFINS   7.6% calculated based on gross revenue from the sale of goods or services Contribution to the Social Integration Plan PIS Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 31. Regulation & Tax  Import Export Process  Minimum Wage  Privatization  Recent Tax & Regulation Changes “If you’re honest and want to comply with the tax code, you need an accountant and a tax lawyer for life” -The Economist, September 24, 2011 quoting a São Paulo based economist Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 32. Regulation & Tax  Import Export Process  Register with the governmental registration system    Obtain importing license if required    Automatic Non-Automatic (process may take several months)  ANVISA, IBAMA, MAPA, DECEX, CNEN, ANP, ANEEL, DPF, COMEX, MCT . .. Radar    Secretary of Foreign Trade SECEX, SISCOMEX system Subject to significant variability Simplified Ordinary Tax / Duty  Generally all imports are subject to import duty, IPI, ICMS, PIS and COFINS  Import duty is calculated on the total CIF (cost, insurance & freight)  Are charged based on the tariff classification of the product   Import Tariffs rage from 0 – 35% with an average applied tariff rate of 11.5% The import duty rate for machinery and equipment not produced local MAY be reduced to 2% upon request of the importer to the competent authorities Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 33. Regulation & Tax  MERCOSUL   southern common market Free from import duty with certificate of origin However Exceptions to Common External Tariff (CET)  Brazil is permitted 93 exceptions to the CET  June, 2009 the trade minister raised several import duty rates:  August, 2009 MERCOSUL members approved tariff increases on hundreds of products within the CET  Primarily dairy, textiles, bags, backpacks, suitcases up to the bound level apx 31.4% Member Countries Brazil Argentina Uruguay Paraguay Applied Venezuela Not yet ratified by Paraguay Associate Member Bolivia Chile Columbia Ecuador Peru Observer of Agreement Mexico Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 34. Regulation & Tax  Recent Tax Changes  July, 2011   August, 2011   1% tax on foreign derivatives Three prong plan to continue to spur economic growth September, 2011  30% Increase in industrial product tax on cars (37-55%)  Exempt if 65% domestic parts (Brazil, Mexico or Mercosul country)  Oct 6, 2011 Renault SA announced plans to increase its Brazilian production capacity by 100,000 vehicles  Brazil will be the companies 2nd largest market after France  Expects sales of 3 million vehicles annually by 2013 with 25% from Brazil  October 10, 2011 Chinese auto maker JAC announced it would build a factory in Brazil – output set to begin in 2014 Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 35. Regulation & Tax  Minimum Wage  January 2012 increases 14%  Currently R$ 545 per month x 13 (US$ 12,540)  Likely to reach R$ 817 per month by 2015 (US$18,800)  54  million Brazilians at min wage level Increased domestic demand  Likely  increases consumption Risks  Some industries may see significant increases in 3 Make or Brazil: The 2012 and Break COGS Basics Beyond Issues
  • 36. Regulation & Tax  Privatization    Infrastructure Need Auction method Airports    São Gonçalo do Amarante Airport – R$ 170 million (3x reserve) 3 more by end of 2011 Oilfield Rights The Brazilian President’s office emphasized, “[t]he government does not intend to get involved in these investments. These investments are going to be a long-term, private sector affair. The private sector must play a key role.” Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 37. 2012 & Beyond    Infrastructure Currency Rally & Inflation Regulation Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 38. Infrastructure  Unlike the United States, Brazil is only beginning to develop its infrastructure capabilities     Domestic Growth 2014 World Cup 2016 Olympics President Rousseff  Infrastructure background  Lula’s Program for Accelerated Growth Coordinator and is known for her technical analysis   History of funding with private capital Opportunities exist for   US companies with capabilities to assist in infrastructure development US companies that already possess the ability to design, develop, manufacture or deliver goods Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 39. Infrastructure  Logistics  Rail  ALL    ANTT road & rail regulator   Creating and paving many connecting routes Air  Privatization   Recent concessions changes enables competitors to pay ALL an access fee Road   Monopoly on rail concessions it operates Excess capacity (profitable lines at near full capacity Operations, construction opportunities Telecom  30% of households have broadband Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 40. Inflation, Currency, Macro Trends  Inflation  Analyst’s views very on inflation: 2012-2013 Range: low 3% to high 6%   Factors   Disagreements largely relate to labor productivity and fiscal accounts Significant FDI lured by high interest rates and growth Government Focus  Education    Increases in productivity Increases in the pool of educated labor decreases wage pressure which reduces inflation concerns Reduce Costs  Eliminated Payroll taxes for labor intensive industries like furniture and textiles in August Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 41. Inflation, Currency, Macro Trends  GDP Projections: mid to high single digit growth in 2013  GDP Gap Min wage increase .6% + reduction in tax revenues from new industrial policies .4% = 1% GDP gap from expenditures & decrease of tax revenues  New Oil fields provide wealth to help fund infrastructure investment  Involvement of private sector capital in infrastructure development may reduce need for Government infrastructure expenditures (Increased privatization and licensing likely) Many analysts agree that the main risk for the Brazilian economy is not local, rather the potential deterioration of Impact of E.U. the E.U.  Greek debt default and general credit drop of the EU which triggers a regional recession will likely also reduce growth in the US and China     This reduction in global demand will likely lead to decreased commodity prices The impact of external noise would likely be smoothed by Brazilian fiscal and monetary counter cyclical policies; however, GDP growth would likely decrease to 2-3% in 2013 Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 42. Inflation, Currency, Macro Trends  Currency  Largely dependent on EU crisis  If no EU recession and developed banks print more money this increased liquidity will likely keep rates low for several years. This will likely lead to increased Brazilian Real appreciation  Many analysts project as strong as BR$1.5 to US$1  If global distress then Brazilian Real could likely weaken to 1.7 or worse Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 43. Inflation, Currency, Macro Trends  Macro Trends  Min Wage 2012, 14% min wage increase – 54 million receive min wage  Should support consumption and prevent downside demand pressures  January Even if EU recession, unlikely that Brazil will experience recession  Consumption is a high % of the Brazilian economy   May impact cost of labor and COGS in your industry Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 44. Regulation  A Bigger Brazil:  US$ 16 Billion in tax breaks (over 2 years)  Eliminate   Buy 3 prong plan to continue to spur economic growth payroll taxes for labor intensive industries Software, Textiles, Shoes, Furniture Brazil Initiative  Allows government agencies to pay up to 25% more for locally produced products than similar foreign goods  Particularly when purchasing for defense, health, or high tech communications equipment  Subsidized Loan Programs Brazil: The Basics 3 Make or Break Issues 2012 and Beyond
  • 45. Brazil: The Basics 3 Make or Break Issues 2012 and Beyond EXPORTING OHIO TO LATIN AMERICA: A BRAZILIAN CASE STUDY dwilsonjdmba dwilson@keglerbrown.com David M. Wilson, Kegler Brown
  • 46. Additional Sources            UBS Investment Research: Emerging Economic Focus, UBS, August 29, 2011 A Closer Look at Brazil’s Credit Boom, Deutsche Bank EM Special Publication, July 22, 2011 Anchoring, De-Anchoring, Re-Anchoring, Bradesco Corretora Economics BBI Equity Research, September 6, 2011 Economic Outlook: Brazil, BBVA, Third Quarter 2011 Brazil Auctions Rights to Airport, WSJ, August 23, 2011 The Geopolitics of Brazil: An Emergent Power’s Struggle with Geography, STRATFOR, July 14, 2011 The Aging World, Ned Davis Research Inc, July 21, 2011 Japanese Dump Real Funds at Fastest Pace Since Earthquake: Brazil Credit, Bloomberg, September, 30, 2011 First they went for the currency, now for the land, The Economist, September 24, 2011 Gaining & Sustaining Competitive Advantage Third Edition, Jay B. Barney, 2007 Privatization and the Distribution of Assets and Income in Brazil, Economic Reform Project: Global Policy Program, July, 2000

Editor's Notes

  1. Simply a framework to discus macro level factors, how you evaluate the factors will differ based on your organizations industry, strategy, competencies and goals; however, I try to pose a general question that you can ask yourself to begin the analysis and help identify what additional information and factors you should research
  2. -First elections under the new constitution were not held until 1989-several parties (over a dozen) are represented in Congress
  3. -Denmark is tied for 1st with New Zealand & Singapore-Scale is 10 – 1 , 10 is best-Somalia is worst
  4. -Privatization for quite some time, significant amount began 1991 when government launched its “federal privatization program” reduced its 186 firms and -steady and as recent as 2010 $70B equity offering of Petrobras (ranked as largest security offering of any kind)-August of 2011 began privatizing Airports -Plan to privatize 3 more likely by end of the year and rights to oilfield
  5. -Ask for story from audience -Share some ANVISA story-Time, communication, Tariff classifications, changes in Tariff rates, Changes in % required for taxation -End with its getting better, but stress there is still a long way to go
  6. Brazil Nominal GDP 2.09 T, US apx 15T2010 7.5% growth2011 even with EU issues, projected to grow steadily at at least 3.5%Source BradescoGDP & Per Capita GDP source 2010 IMF numbers1/3rd global coffee, ½ of all global sugarcane exports, major world player in beef and poultry, soybeans and corn
  7. What affects GDPPrice of aggregate goods and services (not just the price of a good, but the average of all goods in the economy)We use CPI (it’s a basket of goods)When price goes up, then inflation3 ways to measure (production approach-add the sums of value added through supply chain, expenditure approach-only look at sale of final goods & services, income approach-ignores imputed income)
  8. Highlight this slide & mention it may be useful for them to come back to and analyze for their particular situation
  9. -OECD, organization for economic co-operation & development (primarily wealthy countries, or the countries we traditionally think of as wealthy, with current EU crisis, as I’m sure Angela Merkel would argue, that is debatable.-in 2000 these countries decided to quantify what children were learning in school (Program for International Student Assessment-at the time of the initial study (as the most recent issue of the economist highlights) only ½ Brazilian children completed grade school and 3 out of 4 adults were functionally illiterate. -since enrolled in the study have shown solid gains-Brazil has set a goal to reach the OECD standard over the next decade -Dilma 75,000 scholarships-roughly 80 countries in current tests and Brazil ranks in the low 50s above the bottom 3rd (but not too far, 35 percentile)
  10. Source: Industrial Property Law, Law No. 9279, as amended (May 15, 1996)(Braz).
  11. -list of several available organizational structures
  12. -Judicial treatment must be granted to foreign & domestic capital under the same terms-few areas are subject to restrictions (5) post office, real estate on international borders an certain countryside districts AND (3) with some limitations financial services, media -registration provides basis for expatratiaton and computation of any eventual capital gain tax
  13. -list of several available organizational structures
  14. -Judicial treatment must be granted to foreign & domestic capital under the same terms-few areas are subject to restrictions
  15. Some non-automatic, Brazilian environmental agency, used materials, restricted & tax benefits, RadarSimplified 150,000 import / 300,000 export from brazil every 6 monthsOrdinary real location, employees, volume of operation depends on investment
  16. -Venezuela signed membership agreement in 2006, not yet ratified
  17. Sources:-Third quarter 2011 BBVA analyst report-August 29, 2011 UBS investment research report-September 6, 2011 Bradesco Corretora Weekly BBI Equity Research
  18. Sources:-Third quarter 2011 BBVA analyst report-August 29, 2011 UBS investment research report-September 6, 2011 Bradesco Corretora Weekly BBI Equity Research
  19. -payroll tax break may be extended-payroll tax breaks will be partially offset by additional 1.5% tax companies will pay on sales
  20. -payroll tax break may be extended-payroll tax breaks will be partially offset by additional 1.5% tax companies will pay on sales