Combating corruption, “money laudering” and the financing of terrorism
The Federative Republic of Brazil is a signatory of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, concluded in Paris on 17.12.1997, under the auspices of the Organization for Economic Cooperation and Development (OECD), which was signed by Brazil in 1997 and enacted by Federal Decree Nº 3.678, of 30.11.2000. Additionally, on 08.05.2015, Brazil formally adhered to the OECD Recommendation on Bribery and Officially Supported Export Credits (OECD Recommendation), of 14.12.2006, and is committed to the implementation of its provisions.
In compliance with the provisions of the OECD Recommendation and Resolution Nº 81 of the Brazilian Chamber of Foreign Trade (CAMEX), of 18.09.2014, the Brazilian official support for export credits is conditioned upon the signature, by domestic exporters, of the Statement of Commitment for Exporters (Statement).
In addition, considering the obligations undertaken by Brazil under international instruments relating to “Money Laundering Crimes or Concealment of Assets, Rights and Values (“Money Laundering”)” and “Financing of Terrorism”, by decision of the Secretariat for Foreign Affairs of the Ministry of Finance (SAIN), since 03.01.2016, the Brazilian official support for export credits also became conditioned, for each export transaction, upon the fulfillment and the signature of the Compliance Form for the Exporter, and the Compliance Statement of Financial Institution/Warrantor to be signed respectively by exporters (exception made to Small and Medium-Sized Enterprises – SMEs)_and by Financial Institution/ Warrantor participating in export transactions.
The exporter and the Financial Institution/Warrantor will receive the corresponding Statements and the Compliance Form , after registering the transaction information on ABGF’s website and will return them to the Agency duly fulfilled, initialed, and bearing notarized signatures of their legal representatives who must be identified in the documents (full name, title, and individual taxpayer registration with the Federal Revenue Service), along with the corporate governance documents that will be requested by ABGF.
Within fifteen (15) calendar days after receiving ABGF’s email with the abovementioned compliance documents, all compliance and corporate governance documents requested must be sent to the Agency in digital format by e-mail, and the originals shall be sent by regular mail.
Additional information about the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions can be found in this guidebook and on the website of the Ministry of Transparency, Monitoring and Control.