1. BRAZIL COUNTRY ANALYSIS TEAM MEMBERS : AKANKSHA TIKKU ANUJ JINDAL AMANDEEP SINGH ABHIJIT SINGH ARPIT AGARWAL CHACKO JACOB
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4. Agriculture is a major sector of the Brazilian economy, and is key for economic growth and foreign exchange. Agriculture accounts for about 5.8% of GDP (25% when including agribusiness) and 36% of Brazilian exports.
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6. Major imports - machinery, electrical and transport equipment, chemical products, oil, automotive parts, electronics [Almost 15% of the exports & imports happen with the US ]
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8. Relations between Brazil and India have grown considerably and co-operation between the two countries has been extended to such diverse areas as science and technology, pharmaceuticals and space. The two-way trade in 2007 nearly tripled to US$ 3.12 billion from US$ 1.2 billion in 2004. Global software giant, Wipro Technologies, also set up a business process outsourcing centre in Curitiba to provide shared services to AmBev, the largest brewery in Latin America. Brazil and India are deeply committed to IBSA initiatives and attach utmost importance to this trilateral cooperation between the three large, multi-ethnic, multi-racial and multi-religious developing countries, which are bound by the common principle of pluralism and democracy.
9. GDP [purchasing power parity] $1.993 trillion (2008 est.) (Country comparison to the world: 10) The then GDP of India was $ 3.297 trillion & was ranked 5 as per CIA fact book GDP [composition by sector] Agriculture: 6.7% [employs 20% of Workforce] Industry: 28% Services: 65.3% (2008 est.)
35. Land – Some facts Land in divided into 5 major areas North including the Amazon basin Semi arid Northeast region Populated southeast region Smallest south region Landlocked center west region Amazon basin contains world’s largest river and the world’s largest tropical rain forest. Areas of highly fertile land are limited.
36. Land – Some facts The clearing of rain forests in the Amazon Basin has caused severe criticism from environmentalists. Agriculture accounts for 8% of the country's GDP, and employs about ¼ th of the labor force. World’s largest producer of sugarcane and coffee.
37. Land Reforms Land reform consist of a government-initiated or government-backed real estate property redistribution, generally of agricultural land. In the 1930s, Getúlio Vargas failed to fulfil on a promised land reform. Later reforms were planned in the govt of José Sarney but all in vain.
38. Land Reforms contd.. Various land reforms are State led land reform (SLLR), Land Credit National Program (PNCF), cedulada terra, bancoda terra, saojose Not really successful.
39. Real Estate Market Last 25 years were stagnant because of high interest rates, lack of financing, high inflation and slow economic growth. Since the 1994 economic recovery plan (Plano Real) and macroeconomic reforms and sound fiscal management , purchasing power has increased and in turn investments in real estate sector. Record number of tourism inflows has also improved the real estate sector.
40. Real Estate Market contd… Foreigners can purchase land and property in Brazil in their own names on a 100 percent freehold basis. Mortgage finance options still less in Brazil. Key property markets are Rio de Janeiro , Sao Paulo and north eastern Brazil.
42. Labor – Some facts As per Global Competitiveness Index, Brazil has been ranked at 80 in terms of labor market efficiency. Unemployment rate is 7.9 % in 2008 as per EuroMonitor. In 2007, 43 % of the labor was women. Child labour ; (5–14 years) 1999–2007 is 6 %.
43. Labor – Some facts Minimum wage – 465 Brazil Reals or 201 US $ per month. The Brazilian national minimum wage is adjusted annually. Millions of Brazilians live on the minimum salary Most business are conducted between the hours of 8am and 6pm and the average working business week is 42 hours.
44. Labor – Some facts Employees are entitled to a weekly rest of at least 24 hours. All employees are entitled to up to 30 days' holiday after a full year of work with the same employer. Service sector employed 66 % of the workforce in 2007. Population estimate for 2009 is 191 Millions and Labour force is 134.6 million (2009 estimâtes).
69. Literacy (Total Population): 88.6% GDP per capita(US $): 7605 Public expenditure per student as % of GDP per capita Primary school, 2004 12.8 Secondary school, 2004 11.5 Total public expenditure on education As % of GDP 4.0 As % of total government expenditure 10.9
70. EDUCATION PROGRAMS The Ministry of Education and Sports does not establish nationwide educational programs . For fundamental education, the Federal Educational Council determines which subjects shall be compulsory for the national common core, defining their objectives and scope. The Federal Council at each State and of the Federal District, lists the subjects contained in the diversified part of school curricula, for the area under its jurisdiction. For higher education courses, the Federal Educational Council determines the minimum curriculum for each course, but not the programs.
85. Brazilian Health System Government managed system, the SUS (Sistema Único de Saúde). Private sector, managed by health insurance funds and private entrepreneurs.
87. Health expenditures as a percentage of total government expenditures, 2006 Source: World Health Organization, available at http://www.who.int/en/.
88. Impact of Health on Earnings in Brazil Health status affects the wage-hour rate, productivity and labor supply Result of adverse health condition in Brazil Source: PNAD/1998
89. Challenges Aging population (9.7% of population over 60yrs by 2010). Public system underfinanced. Least fair financing of health system - people make high out-of-pocket payments for health care. Health services and human resources are disproportionately distributed, with overrepresentation in wealthy states (South and Southeast). Growing number of multinational companies with offices and employees in Brazil—fueling the demand for efficient and effective health-care programs.
127. Goal-Instill the importance of disclosure within a company’s management, emphasize fairness amongst partners and illustrate the importance of accountability and corporate responsibility. Code of best practices Basic Principles Transparency Equity Accountability Corporate Responsibility Shareholder’s Rights Voting Rights IBGC- InstitutoBrasileiro de GovernancaCorporativa
128. CVM, Securities Market Regulator Comissão de ValoresMobiliários, CVM is the federal agency linked to the Ministry of Finance, instituted in December 1976.
129. Disclosures The financial and operating results of the company Company objectives Major share ownership and voting rights Members of the board and key executives, and their remuneration Material foreseeable risk factors Governance structures and policies Source: CVM
142. BM&F BOVESPA BM&F BOVESPA Securities, Commodities and Futures Exchange was created in 2008 with the integration between the Brazilian Mercantile & Futures Exchange (BM&F) and the São Paulo Stock Exchange (Bovespa). The leading exchange in Latin America in terms of market value. Self Listed exchange Source: www.bmfbovespa.com.br
152. Major IPOs in 2008 Latest in the news ! IPO of VisaNet raises $4.3 billion in June 2009. Santander Brazil, a Brazilian bank, IPO raises $8 billion in the largest public offering in 2009 Source: www.bmfbovespa.com.br
153. Recommendation Although Brazil has been moving towards higher levels of corporate governance, mainly companies listed on Novo Mercado have been the major drivers for corporate governance reforms. So for the Brazilian government the challenge now is to move corporate governance reform beyond this limited group of companies and make it an integral part of the investment promotion agenda.
166. COMPETITION LAW As trade Liberalisation progresses and the state is gradually withdrawing from the expanded role it has assumed earlier. It is against this background of Liberalization Competition law assumes great importance Competition laws known more popularly as (Antitrust laws in the United States) are important for the preservation of economic freedom and our free-enterprise system.
167. What does Competition Law prohibit ? Competition law prohibits the deliberate exploitation of a dominant market position by a firm. Generally any agreement, arrangement or understanding between enterprises that has the effect of substantially lessening or limiting access to market is prohibited by Competition law. This prohibition applies not only to written agreements but also to oral and informal agreements.
196. FACTS Currency --- Real R$ 1 Brazil real = 0.58309 U.S. dollars The exchange rate as of October 16th, 2009 is approximately BRL 1.71 to USD 1.00. The modern real (plural reais) was introduced on July 1, 1994, as part of a broader plan to stabilize the Brazilian economy, known as the Plano Real. It replaced the short-lived cruzeiro real. Official reserve assets 221,628.70 Foreign currency reserves (in convertible foreign currencies) 211,366.28
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199. The currency suffered a gradual depreciation until late 2002,as many Brazilians fearing another default or a resumption of heterodox economic policies purchased tangible assets as an inflation hedge or just simply took their money out of the country. At its worst point in October 2002, the Real actually reached its historic low of almost R$4 per US$1. Through orthodox macroeconomic policies (including inflation-targeting, primary fiscal surplus and floating exchange rate, as well as continued payments of the public debt) the real has been getting stronger and stronger against the dollar and, since the beginning of 2005, most other world currencies as well. In the year of 2007, in spite of the various attempts of the Brazilian Banco Central (Central Bank) to keep real low, it has grown stronger against the dollar. In May 2007, the real became worth more than 50 U.S. cents for the first time in recent years.
200. CURRENCY REGULATORY BODY The Central Bank of Brazil is the agency responsible for: (i) managing the day-today control over foreign capital flow in and out of Brazil (risk capital and loans under any form). setting forth the administrative rules and regulations for registering investments. (iii) monitoring foreign currency remittances. (iv) allowing repatriation of funds
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202. Estimate of fiscal cost of banking restructuring in Brazil
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204. FOREIGN INVESTMENT The investments into and repatriation of foreign capital from Brazil are subject to various federal laws and regulations. Foreign capital must be registered through an electronic system, which is part of the Central Bank Information System (Sistema de Informações do Banco Central– SISBACEN). All foreign investments must be registered with the Central Bank of Brazil. The foreign purchaser will be entitled to register capital in the same amount as the registration previously held by the selling company, once again regardless of the price paid for the investment abroad.
205. PATH-BREAKING EVENTS Biggest Trade partner of Brazil is China . Brazil and China will work towards using their own currencies in trade transactions rather than the US dollar China’s president, first discussed the idea of replacing the dollar with the renminbi and the real as trade currencies when they met at the G20 summit in London last month.
239. Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium, and can be thought of as a guaranteed and known small loss to prevent a large, possibly devastating loss.
240. An insurer is a company selling the insurance; An insured or policyholder is the person or entity buying the insurance. The insurance rate is a factor used to determine the amount to be charged for a certain amount of insurance coverage, called the premium. BUSINESS MODEL The business model can be reduced to a simple equation: Profit = earned premium + investment income - incurred loss - underwriting expenses.
266. Technology – Some facts Brazil is the 5th Largest Computer Market in the World Brazil is Latin America’s largest telecom market. World’s leading producer of hydroelectric power. Brazil Leads Latin American Software Revenues. As per Global Competitiveness Index 2009, Brazil has been ranked at 46 in terms of Technological Readiness.
267. Technology – Some facts Develops projects ranging from submarines to aircrafts to space research. Possesses a satellite launching center and was the only country in the Southern Hemisphere to integrate the team responsible for the construction of the ISS. Pioneer in ethanol production. 73% of funding for basic research comes from government .
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273. Technology – Some facts Uranium is enriched at the Resende Nuclear Fuel Factory to fuel the country's energy demands. Country's first nuclear submarine will soon be launched. The government also plans to build 17 more nuclear plants by the year 2020.
286. Governing Bodies INPI (Instituto Nacional Da Propriedade Industrial) The National Institute of Industrial Property Responsible for registration of trademarks, patenting, the registration of computer software, industrial designs and geographical indications, according to the Industrial Property Law. National Council for Combating Piracy and Intellectual Property Crimes. Principal international IPR organisations and agreements Brazil belongs to: Berne Convention (copyright) – since 1922 Paris Convention (priority rights) – since 1884 Patent Cooperation Treaty (patents) – since 1978 WTO/TRIPS (IPR in general) – since 1995
287. Patent applications and granted filed by patent office and country of origin Time and Cost Comparison Source: WIPO Statistics Database, June 2009
289. Differences Follows “first to file” principle instead of “first to invent” (in US). Unlike US, the employee (not the employer) owns the copyright. Patents (20 years) vs. Utility models (15 years, less stringent criterion). Cause of Concern Brazil’s Law 10196 of 2001, which includes a requirement that National Health Surveillance Agency (ANVISA) approval be obtained prior to the issuance of a pharmaceutical patent. Not a member of Madrid Protocol (trademark). Backlog in the processing of applications of all types – 5 to 6 yrs. Major source of IP infringement- South and southeast IP is portrayed by the Brazilian government as a foreign monopoly against the interests of Brazilian people.
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291. CONCLUSION & RECOMMENDATIONS Brazil as an investment destination for the short term is a “not favorable” option whereas if one is looking for long term attractiveness of Brazil as an investment destination, then the answer would be “yes”. The decision favoring Brazil as a better investment destination in the future is based on the assumption that the government would keep up with the present rate of reforms in each sector. To be fair, Brazil has the potential to become one of the most dynamic BRIC economies. The last two decades have been a period of important progress for the country in consolidating macroeconomic stability, liberalizing and opening the economy, and reducing income inequality, among other dimensions. This has put the economy on a sounder foundation in terms of sustainable, long-term growth.
295. Very high taxation levels It is a tough call for Brazil’s institutions to tackle these shortcomings in the present context of major external shocks on export demand and financing availability, along with falling commodity prices.
296. CONCLUSION & RECOMMENDATIONS The country would be in a better state if it were to work out to solve all these problems, especially the problems it faces in the “Basic requirements” we have identified. It is also important for the government to develop more tools to measure the impact of each public policy. Last but not least, the attention given to basic education should be enhanced, with an emphasis on universal access to secondary school and a strong investment in technical education and scientific careers. Brazil needs more engineers and more science teachers and researchers. Although improvements in healthcare provided to the overall population have been achieved in the past few years, providing increased access remains a key challenge in Brazilian healthcare.
297. References World Competitiveness Report’ 2009 –World Economic Forum EIU (Economist Intelligence Unit) database -Country Profile: Brazil. OECD database - Economic Survey of Brazil ‘2006. UNCTAD (United Nations Conference on Trade and Development) - World Investment Report 2008. World Bank database - Doing Business 2009 Euromonitor – Brazil ‘2006 The World Health Report 2000, WHO. Health Systems and Services Profile Brazil. PAHO and USAID. Intellectual Property Rights Primer for Brazil. [Hunter Rodwell Consulting, UK Trade and Investment]. Health status impacts on individual earnings in Brazil. [Luiz Fernando Alves and MônicaViegas Andrade. 2002]. World Intellectual Property Indicators 2009 - WIPO. www.doingbusiness.org OECD ‘Policy Brief’-competition policy & Law in Brazil –Sept’08 “Brail – Insurance market snapshot” – Ms. Maria Elena [FENASEG-Sept’08]
-State led land reform (SLLR)-Land Credit National Program or Programa Nacional doCrédito Fundiário (PNCF)
-State led land reform (SLLR)-Land Credit National Program or Programa Nacional doCrédito Fundiário (PNCF)Despite some recognition of improvements, living conditions in the Cédula areas surveyed have been shown to be very precarious. Families have been unable to produce enough to survive, forcing family members to take outside jobs. Many of the parcels bought were on poor-quality soils because betterquality areas were beyond the means provided by the Cédula. Spending more on better land would have meant less money for investments, making the funding ceiling an insoluble problem. The hardships, however, have gone far beyond natural problems like soil quality and drought and have involved causes inherent to the project’s own internal logic. The problems of people fighting to survive under serious limitations (lack of education and skills, poor health, etc.) will not be solved merely by gaining a piece of land (although this is the underlying dream of families included). High-quality, long-term technical assistance needs, which were not included in the project design, will never be met through market mechanisms. Problems are further aggravated when the release of funds is delayed or denied, both for infrastructure projects (World Bank funds) and for production (public funds for agricultural credit). In all the projects surveyed these delays occurred, seriously compromising the families’ capacity for production. The difficulties highlighted a precarious situation for the settlements (no production, inadequate basic infrastructure, etc.) and revealed why interviewees were unanimous in stating that they would not be able to pay their debts (not even their first installment).In conclusion, this dramatic situation of poverty will not be overcome by any kind of market mechanism, much less through a credit line to buy a piece of land. It is crucial that the struggle for a broad agrarian reform be strengthened, to invert the political balance of forces and the dynamic of social exclusion, making true social development into a viable pathway.
Under this scenario, the real estate market experienced slow or no growth at all, and existing properties could not find sufficient interested buyers. All this, added to a chronic lack of liquidity in the markets resulted in property prices remaining depressed and in many cases undervalued
The government first granted legal recognition to labor organizations in 1907. In 1931 President Getúlio Vargas created a government-supervised trade union structure. Strikes were forbidden, but labor courts assessed workers’ grievances. The Vargas government also instituted social legislation that was advanced for its time, regulating hours of work and establishing a minimum wage, worker training, and health care. By 1944 there were 800 unions, with over 500,000 members. During the 1950s labor became more militant, and there was pressure for a central labor organization and moves to unionize rural labor. Following the 1964 military coup, the government purged the leadership of unions and placed many unions under direct government control. However, continued union activism at the factory level and strikes organized by workers were factors in ending the military regime. Unions reemerged following the return of civilian rule in 1985, and central labor organizations were legalized. During the 1990s the number of unions grew into the thousands and included factory and rural workers, employers, and professionals. In addition to umbrella organizations such as the Central Union of Workers and the General Confederation of Workers, both formed in 1983, there are unions for specific industries, such as metal workers, and for sectors of the economy, such as commerce, transport, and education.
There are many definitions of corporate governance. Among them, IBGC spread that corporate governance is the system by which companies are managed and monitored, involving the relationships between investors / shareholders, board and management, management, audit and tax advice. Good corporate governance practices are designed to increase the value of the company, facilitating their access to capital and contribute to its sustainability.the Corporate Governance has emerged to overcome the conflict "agency" as a result of separation between ownership and management. In this situation, the owner (shareholder) delegates to an agent for (executive) power to decide on their property. However, the manager's interests will not always be aligned with the owner, resulting in a conflict of agency or principal-agent conflict. provides the owners (shareholders or unitholders) the strategic management of your company and monitoring of executive management. The main tools that ensure control of property management are the board of directors, independent audit and the supervisory board.
Goal- Instill the importance of disclosure within a company’s management, emphasize fairness amongst partners and illustrate the importance of accountability and corporate responsibilityA link between voting rights and equity favors the alignment of interest between all members.to participate in corporate profits;II. to participate in the assets of the corporation in the event of liquidation;III. to supervise the management of corporate business;IV. first refusal in the subscription of shares, convertible founder shares, convertible debentures, and subscription warrants;V. to withdraw from the corporation (appraisal rights).
expand shareholder rights, require greater transparency, and mandate more comprehensive disclosures.Companies can issue only common stock.Novo mercadoOn a monthly basis, disclose information about the company’s securities and its derivatives traded by the insiders and the controlling group.100% tag alaong
All of the items above are disclosed by corporations. Financial information is provided quarterly and items b to g are normally disclosed annually through the Annual Information Form, which is due each year on May 31. Disclosure is made to the CVM and to the market. CVM currently discloses such information through the Internet within 24 hours it receives it, making it accessible for a vast number of investors worldwide.With regard to item c, CVM Instruction 69/87 requires that the acquisition of a certain percentage of shares must be disclosed. Whenever a person or group of persons reaches or acquires 10% of equity ownership, a public statement must be made, informing on the purpose of the acquisition and the number of shares held. Further announcements must be made whenever such ownership increases 5% (please also refer to question 14 item "b-iii")
Are segments of listing for trading of shares of companies that voluntarily commit to the adoption of corporate governance practices and additional level of transparency about what is required by law. Were imposed in late 2000 by BOVEPA. They are divided into three levels of governance, in increasing order of demand: Level 1, Level 2 and Novo Mercado. Level 1 requires additional practice of share liquidity and disclosure.Level 2 requires additional practice on the rights of shareholders and board of directors. The Novo Mercado, finally, differs from the Level 2 requirement for the issuance of shares with sole voting rights. For more information, visit the website of the BOVESPA. Click on "business" and then "corporate governance".
The creation of special listing segments was an attempt to make the business case for good corporate governance. There are now signs that this effort is paying off – out of the seven initial share sales in 2004, five companies listed on the highest corporate governance segment (Novo Mercado); and the remainder on Level II (in both cases granting 100 percent tag along rights to minority shareholders).