11 Dec 2018
Brazil Unveils Good Practices for the Development of Trade-Related Regulations
Brazil’s Foreign Trade Chamber (CAMEX) has issued a regulation setting forth good practices for the development of trade-related regulatory measures as part of an on-going effort by the Brazilian government (known as the “regulatory guillotine”) to streamline and simplify trade-related procedures and requirements. When developing, revising or revoking regulations for goods and services that may be subject to foreign trade operations, government agencies will need to adopt, to the extent possible, good practices that consider (i) the regulatory agendas of all relevant entities and bodies, (ii) any previously completed regulatory impact assessments, (iii) international references and (iv) public participation mechanisms.
To the extent possible, regulatory agencies with trade-related functions must do the following:
- maintain and disclose their regulatory agendas;
- promote transparency and facilitate public access to information on proposals for regulatory measures, including by making them available on-line;
- structure and make available their regulatory measures on-line;
- conduct a regulatory impact assessment prior to the drafting of regulatory measures of general interest;
- regularly publish on an on-line site regulatory measures in force, proposals for public comment, regulatory impact assessments, and instances in which a regulatory impact assessment was not conducted;
- promote public participation mechanisms in the elaboration and revision of regulatory measures, including through consultations and /or public hearings;
- in the case of regulatory measures with an impact on international trade, generally seek public input for a period of at least 60 days;
- consider all suggestions made during the public input period and provide justification for input that was ultimately disregarded;
- consider the use of relevant international references;
- ensure that regulatory measures are compatible with Brazil’s international commitments as well as regional and multi-lateral trade agreements, in particular with the principle of non-discrimination between domestic and imported goods and services;
- where appropriate, notify the World Trade Organisation of proposals for regulatory measures;
- make decisions based on relevant scientific, technical and economic information;
- promote collaboration between entities with complementary functions to regulate the same good or service to achieve a better understanding of the regulatory measure to be adopted;
- ensure that all regulatory measures are consistent, compatible and coherent with other regulations already in force; and
- ensure that regulatory measures are drafted in a clear, concise, organised and easily understood manner in order to minimise uncertainty and potential litigation.
The regulation also provides for the monitoring of trade-related regulatory measures as well as a regulatory result assessment for measures of greater impact and relevance.