Brazil

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1. Does Brazil have a sanctions regime in place?

Most sanctions established by international bodies are implemented in Brazil (according to constitutional rules) and, once implemented, they must be complied with by any individual or entity within Brazil.

2. Does Brazil implement UN sanctions?

Yes.

3. Does Brazil implement an autonomous sanctions regime?

No autonomous sanctions regime is implemented by Brazil, but the Brazilian penal code and legislation establish several sanctions to be observed by Brazilian individuals and entities.

4. What is the nature of the sanctions regime in Brazil?

International resolutions, including the ones establishing sanctions, do not have direct effect in Brazil; they must be incorporated into Brazilian legislation through presidential decree and legislative acts in certain circumstances, and regulated by the competent state body. The most frequently applied measures under Brazilian legislation are embargoes and travel bans on named individuals and bans on imports and export of raw materials and goods. Although existing, financial sanctions such as assets freezing can only be enforced by court order.

5. Does Brazil maintain a list of sanctioned individuals and entities?

The lists of sanctioned individuals and entities maintained by Brazil are the ones contained in the UNSC resolutions which have been incorporated into Brazilian legislation by Presidential decrees. These decrees are put together by the Brazilian Central Bank.

6. Are there any other lists related to sanctions?

There are lists of, for example, entities prevented from participating in public bids.

7. Does Brazil have a licensing or authorization system in place?

No, Brazil does not provide special licenses or authorizations to exempt entities or individuals from sanctions, but Brazil does have a licensing system in place for imports and exports of goods.

8. What are the consequences for a breach of sanctions in Brazil?

Some conduct can be considered crimes under the Brazilian penal code and/or specific legislation (eg: smuggling, financial crimes).

9. Who are the relevant regulators in Brazil and what are their contact details?

The Ministry of Economy (Secretaria de Comércio Exterior e Assuntos Internacionais)

EQN 102/103, Lote 01, Asa Norte, CEP: 70722-400, Brasília DF, Brazil T: (+55) 61 2027 9217

The Ministry of Economy (Secretaria de Comércio Exterior e Assuntos Internacionais) is responsible for applying trade sanctions, such as bans and import/export licences.

In Brazil there is no specific governmental body that has overall responsibility for the policy on sanctions. Depending on the sanction matter the following regulators apply:

Department of Assets Recovery and International Legal Co-operation

SCN Quadra 6 Bloco A 2º andar, Ed. Venâncio 3000, Asa Norte, CEP: 70716-900, Brasilia DF, Brazil T: (+55) 61 2025 8919 E: drci@mj.gov.br

The Ministry of Justice and Public Security

The Ministry of Justice and Public Security is responsible, together with the Ministry of Economy and the Brazilian Central Bank (“BCB”), for implementing and administering financial sanctions in Brazil. This work is carried out by the Council for Financial Activities Control (“COAF”) and by the Department of Assets Recovery and International Legal Co-operation (“DRCI”); however freezing of financial and other assets can only be determined by judicial decision.

Council for Financial Activities Control,

Setor de Clubes Esportivos Sul Trecho 2 Brasília – DF, CEP: 70200-002 Brasilia Brazil T: (+55) 61 3414-1108 E: atendimento@coaf.gov.br

Contributor law firm

Daniela Zaitz

Lawyer

L. O. Baptista Advogados, Av.

Paulista, 1294 – 8º andar | 01310- 100, São Paulo,

Brazil

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