زیرساخت در برزیل دولت جدید

زیرساخت در برزیل دولت جدید

اسلاید 1: Infrastructure in Brazil: New Government, New Opportunities?The Legal and Regulatory PerspectiveAlexandre R. ChequerPartnerRio: + 55 21 2127 4212Houston: + 1 713 238 2709AChequer@mayerbrown.comVictor GalanteSenior AssociateRio: + 55 21 2127 4275London: + 44 20 3130 3564VGalante@mayerbrown.com

اسلاید 2: SummaryBrazilian Legal SystemContracting with the GovernmentPerspectives

اسلاید 3: Brazilian Legal System

اسلاید 4: Brazilian Legal SystemBrazil FactsArea: 8,514,877 km² (5th)Labor Force: 103,600,000 (6th)GDP (PPP / 2010): $ 2.194 trillion (8th)GDP Real Growth (2010): 7.50 %Electricity Production: 461.1 Billion KWH (9th)Oil Proved Reserves: 13.2 billion bbl (to triple after pre-salt)Natural Gas Proved Reserves: 364.2 billion cu Source: CIA World Factbook

اسلاید 5: Brazilian Legal SystemFederative RepublicThere is no hierarchy: each level has authority to legislate within its sphere of competence:Federal Union: General RulesStates: Self Organization and Specific RulesMunicipalities: Issues of Local InterestThree Levels of GovernmentFederal UnionStates / Federal DistrictMunicipalities

اسلاید 6: Regulatory Agencies Public legal entities constituted by means of law, with political, financial, ruling and management autonomyFunction: Control and inspect public activities carried out by private companiesBrazilian Legal SystemANPIn charge of regulating the oil and gas activitiesANEEL In charge of regulating the electricity industryANATEL In charge of regulating the telecommunicationsANAIn charge of regulating the use of water resourcesANTAQIn charge of regulating the waterway transportsANACIn charge of regulating the civil aviationANTTIn charge of regulating the land transportsMain Federal Regulatory Agencies

اسلاید 7: Environmental Agencies Three Levels of Competence:Brazilian Legal SystemIBAMAState Environmental AgenciesLocal Environmental AgenciesStatesMunicipalitiesFederalLicensing of activities and projects whose location or direct environmental impact exceed the limits of the country or the StatesLicensing of activities and projects whose location or direct environmental impact comprise more than one municipalityLicensing of activities and projects of local environmental impact

اسلاید 8: Contracting with the Government

اسلاید 9: Contracting with the Government Public BiddingsPublic Biddings Law No. 8.666 / 1993: Establishes rules for biddings and contracts of the Public Administration relating to constructions, services, advertisement and the purchase, sale and lease of goodsApplicable to all entities of the Federal Government, States and Municipalities (Exception: Petrobras is subject to a simplified bid proceeding - Decree No. 2.745/1998)Contracts subject to Basic Principles: Legality, Equality, Impersonality and CompetitivenessForms of bidding: competition, request for quotation, invitation, auction and contestCriteria of Judgment: best price, best technique or best price and techniqueExemption of Bidding Process only in case of (1) dismissal due to public interest reasons; or (2) unfeasibility due to unique characteristics of the object, exclusive supplier or notorious expertise of a services provider

اسلاید 10: Contracting with the Government Public BiddingsComprasnet.gov.br - Online bids promoted by the Federal Government for the acquisition of goods and servicesSuppliers enrolled in the Suppliers Registry System (SICAF) receive access to all ongoing and future biddings2007200820092010R$ 70biR$ 60biR$ 50biR$ 40biEvolution of Federal Government Expenses with Biddings **Excluding expenses with constructionsSource: comprasnet.gov.br

اسلاید 11: Contracting with the GovernmentConcession of Public ServicesFederal Constitution: Establishes which activities may be delegated by the Federal Government, States and MunicipalitiesStatesDistribution of gas through pipelinesOther public services not under the Federal Government competence (including inter-municipal transport)MunicipalitiesPublic Services of Local InterestMass TransportFederal GovernmentTelecommunicationsElectric Power Plants and FacilitiesAirlines and AirportsInternational / Interstate Transport (Water, Rails and Roads)Ports

اسلاید 12: Contracting with the GovernmentConcession of Public ServicesConcessions Law No. 8.987 / 1995: Regulates the delegation of public services by means of public biddingsGrantee: Qualified companies or consortium of companiesTariffs may be reviewed in case of supervening facts which may affect the financial balance of the contract Concessions may be preceded by construction worksMain types of concessions currently in force in Brazil:Operation of Railroads and HighwaysGeneration and Distribution of ElectricityTelecommunicationsPublic Transportation

اسلاید 13: Contracting with the GovernmentConcession of Public ServicesPublic Bidding Process: All concessions must be preceded by a Bidding ProcessConditions established in a Tender Protocol: Description of Activity to be DelegatedSchedule and conditions of the bidding processMain provisions of the Concession ContractParticipants to provide legal , technical and financial qualificationCriteria of Judgment: Lowest tariffHigher bid Lowest tariff and higher bid

اسلاید 14: Contracting with the GovernmentGrating of E&P RightsFederal Constitution: Authorizes the Federal Government to contract private or public companies to carry out E&P activitiesConcession - Since 1997Law 9,478/1997Area: applicable to all blocks, except the pre-salt and strategic areasAccess: Open access through competitive bids, individually or in consortiumProduction Sharing Agreement - Since 2010Law 12,351/2010Area: Pre-Salt and strategic areasAccess: Consortium with Petrobras2 regimes currently in force

اسلاید 15: Perspectives

اسلاید 16: PerspectivesBrazil in the Calendar of Major Global EventsInvestments in the country estimated in US$ 2 trillion until 2014Main sectors: oil and gas, infrastructure, logistics, energy, petrochemicals and celluloseFIFA Confederation CupMilitary World GamesRio + 20FIFA Confederation CupFIFAWorld CupRio 201620122013201420162011

اسلاید 17: PerspectivesWorld Cup 2014 - 12 Cities / StadiumsDirect investments of more than R$ 22 billionIndirect investments of more than R$ 100 billionGovernment Incentives:R$ 5,3 billion to airports of 10 host citiesBNDES Credit Line: 4,8 billion to stadiums and 1 billion to hotelsTax Exemptions and Deductions to Stadiums2016 Olympic Games - Rio de JaneiroDirect investments in infrastructure of near R$ 30 billion34 sports facilitiesOlympic Village: 48 new buildings in 750 .000 m2 Source: Sustainable Brazil: Socio-economic impacts of the 2014 World Cup - Ernst & Young and FGV Projetos

اسلاید 18: PerspectivesWorld Cup and Olympic Games - Related Investments: Mass TransportHigh-Speed Rail Rio de Janeiro x São Paulo: R$ 33 billionAirportsHospitality infrastructureLeisure complexes associated with stadiums (cinemas, shopping centers, sports facilities…)Real Estate projectsIncrease in electricity generation

اسلاید 19: PerspectivesOil and Gas SectorConcession Regime: 52% of the areas are still in the exploration phaseNew Bid Rounds expected in the next yearsPSA Regime: 62% of Pre-salt area yet to be explored (71,000km2)Reserves of up to 90 billion barrelsInvestments of more than US$ 500 billion along the next 20 yearsEPC Opportunities: onshore basis, refineries, FPSOs, vessels, ultra deep water rigs and pipelines

اسلاید 20: PerspectivesOil and Gas Sector - Petrobras investment plan involves US$ 224 billion until 2014Contracting with Petrobras: Simplified Bid Proceeding (Decree no. 2.745/1998)Registration of SuppliersCFM 2005 - Basic conditions for the supply of materials to PetrobrasBy 2013By 2015*By 2020*Drilling Rigs - Water Depth Above 2000m263153Supply and Special Vessels465491504Production Platforms SS and FPSO536384Others (Jacket and TLWP)818385Source: Petrobras Business Plan 2010 - 2014* Accumulated ValuePetrobras Delivery Plan until 2020 (to be contracted)

اسلاید 21: Thank you.