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### Viewing cable 03BRASILIA3982, BRAZIL: UPDATES TO 2003 NTE

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
03BRASILIA3982 | 2003-12-23 14:33 | 2011-07-11 00:00 | UNCLASSIFIED | Embassy Brasilia

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 08 BRASILIA 003982

    SIPDIS

    STATE FOR EB/MTA/MST AND WHA/BSC
    USTR FOR G. BLUE AND SUE CRONIN

    E.O. 12958: N/A
    TAGS: ETRD EFIN ECON EINV PGOV BR
    SUBJECT: BRAZIL: UPDATES TO 2003 NTE

    Ref: A) STATE 310953  B) JADAMS/LYANG EMAIL

    ¶1. Per Ref A, this cable transmits post's draft of the
    2003 NTE.  A separate copy is being emailed directly to
    USTR (Cronin and Blue).

    IMPORT POLICIES

    Brazil's arithmetic average applied tariff was an
    estimated 11.5 percent in 2003.  Brazil currently
    maintains no applied tariff rates in excess of 35 percent,
    but does have safeguard measures in place for some
    imports, such as toys.  For example, Brazil imposes
    tariffs between 4.5-16.5% on wood products and 22% on
    motorcycles.  In April 2002, the Brazilian government
    approved a new tax law that dramatically increased the
    duty on imported advertising materials and discriminates
    between domestic and foreign producers.  A number of
    imports are prohibited, including various used goods such
    as machinery, foreign blood products, refurbished medical
    equipment, automobiles, clothing, and other consumer
    goods.

    Brazil and its MERCOSUR partners, Argentina, Paraguay and
    Uruguay, implemented the MERCOSUR Common External Tariff
    (CET) on January 1, 1995.  The CET currently covers 9,626
    items, with tariffs mostly ranging between zero and 21.5
    percent.  Within the CET, certain sectors are treated
    separately and are organized on special lists.  The list
    for informatics and telecommunication goods contains 427
    items with tariffs in 2002 ranging between zero and 26
    percent; a tariff phase-down schedule should bring the top
    tariff down to 16 by 2006.  The automotive list covers 55
    items (vehicles and parts) with a tariff rate of 35
    percent; Brazil has negotiated automotive agreements with
    third countries, which provide duty-free treatment within
    quotas.  A MERCOSUR suspension of duties ranging from 2 to
    15.5 percent on some 550 pharmaceutical products has been
    extended until December 31, 2003.  Although the CET was
    meant to be a comprehensive, common tariff schedule,
    MERCOSUR countries have agreed to allow exceptions.
    Brazil has 100 exceptions to the CET, with tariffs
    reaching as high as 55 percent on coconuts and peaches.
    In addition, after consulting with its MERCOSUR neighbors,
    in November 1997 Brazil implemented a temporary three-
    percentage point increase on most CET tariff items.  For
    almost all products, this additional tariff was reduced to
    1.5 percent by the end of 2002, with its total elimination
    expected at the end of 2003.  Currently, 3450 CET items
    are excluded, including 1152 capital goods.  The CET
    remains a significant barrier to increased U.S. exports of
    agricultural products, distilled spirits, and computer and
    telecommunications equipment.  Brazil prohibits the
    importation of second hand consumer goods.  In addition,
    significant barriers exist to U.S. textile exports.  In
    particular, Brazil applies additional import taxes and
    charges that can effectively double the actual cost of
    importing textile products into Brazil.

    Virtually all imports from its MERCOSUR partners enter
    Brazil duty-free.  Notable exceptions are automobiles and
    automobile parts, which are subject to out-of-quota
    tariffs, and refined sugar, which is assessed a 17.5
    percent tariff.  Two-way trade between Brazil and its
    MERCOSUR partners increased by 25 percent during January
    to October 2003 compared with the same period a year
    earlier, evidence of continuing economic improvement that
    began in 2002.  In a December 16, 2003 summit, MERCOSUR
    leaders reaffirmed their commitment to strengthen the
    customs union and work to fully integrate the MERCOSUR
    common market by 2006.  MERCOSUR plans to finalize free-
    trade agreements with three Andean countries, Colombia,
    Venezuela, and Ecuador.  Peru and Bolivia are currently
    associate members.

    Import Licensing/Customs Valuation

    The Secretariat of Foreign Trade (SECEX) implemented a
    computerized trade documentation system (SISCOMEX) in
    early 1997 to handle import licensing.  All importers must
    register with SECEX to access SISCOMEX; registration
    requirements are onerous, including a minimum capital
    requirement.  In addition, fees are assessed for each
    import statement submitted through SISCOMEX.  As a general
    rule, imports into Brazil fall within an "automatic import
    license" process.  Originally, Brazil's non-automatic
    import licensing system was used only in cases of specific
    imports that require special authorization from specific
    ministries/agencies: beverages (Ministry of Agriculture);
    pharmaceuticals (Ministry of Health); arms and munitions
    (National Defense Ministry); etc.  In 1998, the Brazilian
    government stopped publishing a list of products subject
    to non-automatic licenses; the only method available now
    for determining if a product requires an import license is
    to check the SISCOMEX system, which is available only to
    registered importers.  Under Brazil's non-automatic import
    licensing system, U.S. suppliers have no means of finding
    out in advance which products require import licenses and
    whether they are subject to minimum price and payment
    terms as a condition of receiving a license.

    Under Brazilian customs regulations, a "gray line" process
    exists for enhanced scrutiny of suspected fraudulent
    imports.  This process is opaque and burdens some
    categories of U.S. exports.  A related concern has been
    the possible use of the gray line process to impose
    minimum reference prices.  In November 1999, the United
    States actively participated as an interested third party
    in EU WTO consultations on the issue, and in July 2000,
    the United States held its own WTO consultations with
    Brazil. The Brazilian Government denies the use of minimum
    reference prices and reportedly has modified its customs
    regime in response to these consultations.

    Product registrations from the Ministry of Health are
    required for imported processed food products and food
    supplement products, and as of March 1, 2000, the term of
    validity for registration was shortened.  Registration
    fees for these imports, as well as for medical and
    pharmaceutical products, have increased significantly.
    The U.S. Government also has received complaints relating
    to Brazilian practices that lead to non-transparent
    preferences for Brazilian products in procurement bids for
    government and nonprofit hospitals, and cause bias against
    the import of refurbished medical equipment when
    domestically produced "similars" exist. Implementation of
    such import measures continues to have a negative impact
    on U.S. exports, especially given the high tariffs on
    medical equipment.  Although some progress in increasing
    the transparency of the process was made at the end of
    2001, problems for U.S. exporters still exist. U.S.
    companies continue to complain of a variety of customs-
    related non-tariff barriers.

    The U.S. Government has received complaints that the ICMS
    value-added tax collected by individual states is
    sometimes set to favor local companies, constituting a
    non-tariff trade barrier.   Similarly, some U.S. companies
    have raised concerns about the arbitrary application of
    various non-automatic import licensing procedures, such as
    authorizations from the Federal Police and the Nuclear
    Regulatory Agency.

    STANDARDS, TESTING, LABELING AND CERTIFICATION

    Sanitary and Phytosanitary Measures

    Progress has been made in the area of sanitary and
    phytosanitary (SPS) measures.  On March 15, 2001, the
    Ministry of Agriculture lifted the ban on U.S. Soft Red
    Winter, Hard Red Spring, and Hard Red Winter wheat shipped
    from non-west coast ports.  The ban remains on Durum and
    White wheats and wheat from the states of Washington,
    Oregon, Idaho, California, Nevada, and Arizona due to
    phytosanitary concerns.  The U.S.  Government continues to
    work with the Brazilian government to resolve the
    remaining import restrictions.

    Despite progress, SPS measures remain significant barriers
    in several cases.  Brazil continues to prohibit the entry
    of poultry and poultry products from the United States
    based on an alleged lack of reciprocity, contrary to WTO
    rules which dictate that sanitary and phytosanitary
    determinations be based upon sufficient scientific
    evidence.   Attempts to import seed potatoes into Brazil
    have been blocked by unresolved permit issues based upon a
    delayed and non-transparent pest risk assessment (PRA)
    before commercial market access is granted.  Brazilian
    legislation also bans the importation of beef produced
    with growth hormones; however, beef imports from the
    United States have been allowed on a waiver basis since
    ¶1991.

    Biotechnology

    The biotechnology debate has captured public attention in
    Brazil with frequent and polemical reports in the press
    presenting various aspects of the issue.  Regulation of
    the biotech sector remains essentially frozen because of a
    1998 court case that is still pending in a federal court
    in Brasilia, filed by environmental NGOs against the use
    of Monsanto's Roundup Ready soybean variety.  The case
    addresses not only the requirement to conduct
    environmental impact studies on GMO products, but also the
    constitutional authority of the Government's CTNBio
    commission to approve biotech products.

    In the absence of a definitive court ruling on this case,
    President Lula made considerable progress in 2003 towards
    a new legal framework for production and marketing of
    biotech soybean crops.  Law 10,814 was enacted on December
    15, 2003 after being approved by Congress, and legalizes
    the planting and marketing biotech soybean crops for the
    2003/2004 harvest.   On October 31, 2003, President Lula
    sent to Congress the long-awaited draft of a Biosecurity
    Law that will provide a long-term regulatory regime for
    the biotech sector.  The current text of the bill
    envisions a complicated mechanism for approval of biotech
    products by a national commission attached to the
    President's office that would consider political and
    economic, as well as scientific factors.  It is likely
    that the bill will undergo substantial revision before
    passage, which is expected in April 2004.

    On April 24, 2003 the Brazilian Government published
    Decree Number 4680, which formally implemented the
    provisions of a 1990 law (law 8,078 of September 1990)
    that requires labeling of GMOs.  The decree requires
    labeling of GMOs and products containing GMOs, including
    meats from animals fed with GMO feed.  The label must
    include a special logo created by the Ministry of Justice
    in October 2003.  The requirement does not apply to
    packaged food products containing less than one percent of
    genetically modified organisms.

    GOVERNMENT PROCUREMENT

    Brazil is not a signatory to the WTO Plurilateral
    Agreement on Government Procurement, and   transparency in
    the procurement process could be improved. Remaining
    limitations on foreign capital participation in
    procurement bids can reportedly impair access for
    potential service providers in the energy and construction
    sectors.  Brazilian federal, state and municipal
    governments, as well as related agencies and companies, in
    general follow a "buy national" policy.  Although Law 8666
    of 1993, which covers most government procurement other
    than informatics and telecommunications, requires
    nondiscriminatory treatment for all bidders regardless of
    the nationality or origin of product or service, the law's
    implementing regulations allow consideration of non-price
    factors giving preferences to certain goods produced in
    Brazil and stipulating local content requirements for
    eligibility for fiscal benefits.  Decree 1070 of March
    1994, which regulates the procurement of information
    technology goods and services, requires federal agencies
    and parastatal entities to give preference to locally
    produced computer products based on a complicated and
    nontransparent price/technology matrix.  However, Brazil
    permits foreign companies to compete in any procurement-
    related multilateral development bank loans and opens
    selected procurements to international tenders.

    EXPORT SUBSIDIES

    The Government of Brazil offers a variety of tax, tariff,
    and financing incentives to encourage production for
    export and the use of Brazilian inputs in exported
    products.  An export credit program known as PROEX was
    established in 1991.  PROEX is intended to equalize
    domestic and international interest rates for export
    financing and to directly finance production of tradable
    goods.   Exporters enjoy exemption from withholding tax
    for remittances overseas for loan payments and marketing,
    as well as from the financial operations tax for deposit
    receipts on export products.  Several PROEX programs have
    been found to be countervailable under U.S. law in the
    context of specific countervailing duty cases.  In 1999, a
    WTO panel found PROEX interest equalization payments used
    to finance the sale of regional aircraft manufactured in
    Brazil to be a prohibited export subsidy.  The WTO
    Appellate Body upheld this finding.  The Government of
    Brazil states that it has modified PROEX so as to bring it
    into conformity with WTO subsidy rules.  Canada challenged
    this position in the WTO, but subsequently reached a
    negotiated settlement with Brazil, obviating the need for
    a WTO ruling on the merits of the case.  Changes to PROEX
    were announced most recently in 1999, expanding the
    program.  In 2003, roughly $808 million was budgeted for
    PROEX, with $400 million slated for equalization and $408
    million for direct financing.  Actual spending on PROEX
    during 2003 is expected to have been about half of the
    amount budgeted.

    INTELLECTUAL PROPERTY RIGHTS (IPR) PROTECTION

    Patents and Trademarks

    Brazil's industrial property law, covering patents and
    trademarks, took effect in May 1997.  The law improved
    most aspects of Brazil's industrial property regime,
    providing patent protection for pharmaceutical products
    and processes, agrochemical products and other inventions.
    However, concerns continue about a provision that
    prohibits importation as a means of satisfying the
    requirement that the patent be "worked" in that country.
    This issue was the subject of a Dispute Settlement
    proceeding at the WTO, which was terminated without
    prejudice in June 2001. The dispute was terminated based
    on Brazil's commitment to hold talks with the U.S. should
    it deem necessary in the future to grant a compulsory
    license for failure to work a patent.

    On December 14, 1999, the Brazilian Government issued a
    Provisional Measure that became Law 10,196 in 2001, which
    includes some problematic provisions, including a
    requirement that Health Ministry approval be obtained
    prior to the issuance of a pharmaceutical patent. This
    would appear to conflict with Article 27 of the TRIPS
    Agreement, and U.S. officials have raised this concern
    with their Brazilian counterparts.  "Pipeline" protection
    is provided for inventions not previously patentable in
    Brazil because of limitations on patentable subject
    matter, if these inventions were patented in another
    country and not marketed in Brazil.  While Brazil's patent
    office, the National Institute for Industrial Property
    (INPI), is addressing its backlog of both pipeline and
    regular patent applications, the resources and support
    necessary to effectively and consistently manage the
    processing of patent applications still appear to be
    insufficient. As of December 2003, industry sources
    reported that INPI had granted fifteen pipeline patents
    and fifty-seven regularly filed pharmaceutical patents. At
    the same time, unauthorized copies of pharmaceutical
    products have received sanitary registrations relying on
    undisclosed tests and other confidential data, in apparent
    violation of TRIPS Article 39.3.

    Following the WTO agreement on access to medicines in
    September 2003, President Lula issued a decree revising
    the implementation of Article 71 of Brazil's 1996 patent
    law, which governs the granting of compulsory licenses in
    cases of national emergency or public interest.  The
    decree essentially allows for the importation of copies of
    medicines from producer countries where patent protection
    does not exist in cases where local production of the
    medicine in not feasible.  The Brazilian government has
    yet to make use of the decree, but has publicly stated its
    intention to do so as a last resort in price negotiations
    with pharmaceutical companies supplying antiretrovirals to
    the country's National AIDS Program.

    On December 17, 2002, the Brazilian Congress passed Law
    10,603 on data confidentiality.  The law covers
    pharmaceuticals for veterinary use, fertilizers,
    agrotoxins, their components and related products; the law
    does not cover pharmaceuticals for human use.   The law
    provides data protection for only 10 years from the date
    of registration with the competent regulatory authority
    for products utilizing new chemical molecules or new
    biological organisms or until the first release of the
    information by the registration owner, with a minimum
    guaranteed period of protection for one year.  For
    products not utilizing new molecule or organisms, the
    period of protection is five years or until the first
    release of information with a one-year minimum period of
    protection.  Data demanded by the regulatory authority
    after registration will be protected for the duration of
    the protection period granted to the data used to gain the
    registration, or for one year after being presented,
    whichever is longer.  If the product is not commercialized
    within two years of the date of registration, third
    parties may request use of the data for registration
    purposes.  The regulatory authority may make compulsory
    use of the data in cases of national emergency or in
    certain circumstances relating to unfair competition.

    The 1997 industrial property law also added provisions for
    the protection of "well-known" trademarks, but contains a
    long list of categories of marks that cannot be
    registered. U.S. industry has expressed concern with the
    continued high level of counterfeiting in Brazil. A bill
    (PL_1787) on the protection of layout designs of
    integrated circuits (required by TRIPS) was introduced in
    April 1996 and is still progressing through committees
    within the Brazilian Congress.

    Copyrights

    A copyright bill that included amendments to bring Brazil
    into compliance with the Berne Convention and TRIPS was
    signed by President Cardoso in February 1998. A software
    law was signed by President Cardoso that same month,
    protecting computer programs as "literary works,"
    increasing the term of protection to 50 years, and making
    software infringement a fiscal and an intellectual
    property crime. Copyright enforcement in Brazil continues
    to be uneven, and losses from piracy remain significant.
    As a result of this concern, on January 10, 2001, the U.S.
    Government accepted a petition, submitted by the
    International Intellectual Property Alliance, to review
    the GSP status of Brazil.  This petition was reviewed as
    part of the 2003 Annual Generalized System of Preferences
    Product and Country Eligibility Review.  A Country
    Practices Review of Brazil was held in October 2003. The
    U.S. industry reports that in 2002 its trade losses from
    copyright piracy in Brazil were over $771 million, the
    largest amount of losses due to copyright piracy in the
    hemisphere.

    Problems have been particularly acute with respect to
    sound recordings and videocassettes, and virtually all
    audiocassettes sold are pirated copies. Brazil accounts
    for over half of the market for sound recordings in Latin
    America and is one of the world's largest markets for
    videos. Vigorous industry and Brazilian Government anti-
    piracy campaigns have had a positive impact and general
    awareness among the populace has increased significantly.

    In June 2003, the Brazilian Congress launched a
    Parliamentary Investigative Commission (CPI) on Piracy,
    which has gained wide support from industry for its
    action-oriented nature, as well as its willingness to
    address the official corruption inherent in piracy.
    Several Deputies on the CPI have pressed law enforcement
    officials to achieve notable apprehensions of perpetrators
    and counterfeited goods ranging from cigarettes to CDs.
    The CPI's 6-month mandate has recently been extended.  An
    outgrowth of the CPI, a Congressional caucus on piracy and
    tax evasion was formed in September 2003.   Efforts in
    2003 resulted in many prosecutions, but the number of
    convictions for intellectual property rights violations
    remains too low to act as a deterrent. While anti-piracy
    actions in 2003 resulted in several large seizures of
    pirated CDs, the sound recording industry estimates that
    the piracy rate for CDs in 2002 was 55 percent. Even with
    piracy raids and more prosecutions, the number of cases
    prosecuted and sentenced in Brazilian courts remains low,
    frustrating efforts at deterrence.  In July 2003,
    President Lula signed a law that doubled the minimum
    penalty for copyright violations.  The law also codifies
    procedures to seize and destroy contraband and gives
    judges authority to dispose of seized goods to ensure they
    will not be used for commercial purposes.   Brazil has
    increased inspections at border crossings increased, but
    significant amounts of pirated material continue to enter
    Brazil from Paraguay.

    The Federal Government of Brazil to date has not given
    police adequate tools or training to effectively enforce
    the law. Further, fines provided for in the penal code are
    too insignificant to create a true deterrent; and the
    court and judicial process is often unresponsive and slow.
    The generally inefficient nature of Brazil's courts and
    judicial system has complicated the enforcement of
    intellectual property rights.  The Brazilian Government is
    working to streamline the judicial process.  In early
    2001, the Government created an interagency IPR committee,
    coordinated by the Ministry of Justice, to improve anti-
    piracy enforcement.  After two years of very limited
    activity due to lack of resources and the 2002 national
    elections, the committee made progress in 2003 with a
    national public awareness campaign and the start of IPR
    training at the National Federal Police Training Academy.
    Brazil has not yet ratified the WIPO Treaties on Copyright
    and Performances and Phonograms.
    SERVICES BARRIERS

    Telecommunications
    Privatization within the telecommunications sector, which
    is based on the General Telecommunications Law of 1997,
    has presented regulatory challenges.  In the fixed-line
    sector, interconnection charges and other incumbency
    advantages have provided strong barriers for entry, and
    the companies created during a transitional duopoly stage
    have not fared well.  There was also heavy involvement on
    the judicial side during 2002 and 2003, as some incumbent
    companies used court injunctions to forestall competition.

    Brazil has not yet implemented its original WTO basic
    telecommunications commitments.  In 2001, Brazil withdrew
    its schedule of commitments in view of concerns raised by
    certain WTO members that it maintained the right of the
    Brazilian President to revoke concessions in the case of
    national emergency, in contravention of the WTO Basic
    Telecommunications Agreement.  This presidential right is
    contained in Brazil's 1997 General Law on
    Telecommunications and is inscribed in Brazil's
    constitution.  Brazil has not sought the constitutional
    change required to allow a revision of its schedule.
    Nonetheless, the current regulatory environment generally
    reflects commitments made by Brazil under the WTO Basic
    Telecommunications Agreement.

    Maritime

    The Government of Brazil considers the bilateral Maritime
    Agreement signed in October 1999 to be expired.  Bilateral
    consultations should result in a new agreement in 2004,
    and in the interim the regulatory agencies of Brazil and
    the United States have agreed to continue implementing the
    provisions of the 1999 agreement on a reciprocal basis.
    Key provisions of this agreement commit the parties to
    afford fair and nondiscriminatory access for national-flag
    carriers and third-flag carriers to competition on
    commercial cargo and provides equal and nondiscriminatory
    access to government cargos.  A 25 percent merchant marine
    tax on freight puts U.S. agricultural products at a
    competitive disadvantage to MERCOSUR products.

    Audio Visual Services

    Foreign ownership of cable companies is limited to 49
    percent.  The foreign owner must have a headquarters in
    Brazil and have had a presence in the country for the
    prior 10 years.  Foreign cable and satellite television
    operators are subject to an 11 percent remittance tax;
    however the tax can be avoided if the programmer invests 3
    percent of its remittances in co-production of Brazilian
    audio-visual services.  National cable and satellite
    operators are subject to a fixed title levy on foreign
    content and foreign advertising released on their
    channels.

    Provisional Measure 2,228 1/01 and later Law 10,454 aim to
    promote the national film industry through creation of the
    National Film Agency (ANCINE) and through various
    regulatory measures. Under Law 10,454, published on May
    14, 2002, a fixed title levy is imposed on the release of
    foreign films in theaters, foreign home entertainment
    products, and foreign programming for broadcast
    television.  Remittances to foreign producers of
    audiovisual works are subject to a 25 percent tax.
    Brazilian distributors of foreign films are subject to a
    levy equal to an 11 percent tax of their withholding
    taxes.  This tax, called the CONDECINE (Contribution to
    the Development of a National Film Industry), is waived
    for the Brazilian distributor if the producer of the
    foreign audiovisual work agrees to invest an amount equal
    to 70 percent of the tax on their remittances in co-
    productions with Brazilian film companies.  The CONDECINE
    tax also levied on any foreign cinematographic or
    videophonographic advertisement.  The fee may vary
    according to the advertising content and the transmission
    segment.

    Brazil also requires that 100 percent of all films and
    television shows be printed locally.  Importation of color
    prints for the theatrical and television markets is
    prohibited.  A theatrical screen quota for local films is
    maintained at 28 days per calendar year.  Quotas on
    domestic titles for home video distributors, while not
    currently enforced, present another potential hindrance to
    commerce.

    Foreign firms had been prohibited from owning capital in
    the "open broadcast" (non-cable) television sector.
    However, in October 2002, President Cardoso issued
    Provisional Measure 70, which was subsequently approved by
    the Congress, which permits up to 30 percent foreign
    ownership in Brazilian media.  This law covers print as
    well as the open television sector.  Open television
    companies also have a regulation requiring that 80 percent
    of their programming content be domestic in origin.  All
    broadcast media material that enters the country must pass
    through the Ministry of Justice, which retains rights to
    censure and edit content.

    Express Delivery Services

    A bill (PL 1491/99) that would reorganize the National
    Postal System remains under discussion in the Brazilian
    Congress.  The current proposal creates a regulatory
    agency for postal services as well as a new Postal Company
    of Brazil, owned and operated by the federal government.
    Although the bill would end the government monopoly over
    postal services after a ten-year period, it would also
    create a monopoly on the delivery of certain types of
    correspondence and parcels that are not now subject to
    regulation, such as express delivery packages, thereby
    significantly inhibiting market access by U.S. firms.

    Insurance

    Brazil is potentially South America's largest insurance
    market, and earnings from premiums have grown rapidly in
    recent years. In 1996, Brazil eliminated the distinction
    between foreign and domestic capital, and many major U.S.
    firms have since entered the market, mainly via joint
    ventures with established companies. The Brazil
    Reinsurance Institute (IRB) is a state monopoly. While a
    1996 constitutional reform ostensibly abolished the
    monopoly, private reinsurers have been precluded from
    operating in Brazil pending the IRB's privatization, which
    has been delayed indefinitely by a court decision.   A
    2003 Constitutional amendment allows for the regulation of
    the reinsurance sector, including market entry.  If
    Brazilian shipping companies wish to obtain foreign hull
    insurance, they must submit information to IRB
    demonstrating that the foreign insurance policy is less
    expensive than that offered by Brazilian insurers.
    Brazilian importers must obtain cargo insurance from
    insurance firms resident in Brazil, although the firms may
    be foreign-owned.

    Banking and Other Financial Services

    Brazil has not ratified the WTO Financial Services
    Agreement, formally known as the Fifth Protocol to the
    GATS, which is necessary to bring Brazil's commitments
    under the Agreement into force. The Financial Services
    Agreement is still pending approval in the Brazilian
    Congress.  U.S. service exports to Brazil are impeded by
    restrictive investment laws, lack of transparency in
    administrative procedures, legal and administrative
    restrictions on remittances and sometimes arbitrary
    application of regulations. Service trade opportunities in
    some sectors have been affected by limitations on foreign
    capital participation.

    In negotiating the 1997 WTO Financial Services Agreement,
    Brazil made commitments in almost all service sub-sectors
    for non-insurance financial services, including banking
    and securities services.    Brazil's constitution
    precludes the expansion of foreign-owned banks until new
    financial sector legislation is issued.  For practical
    reasons, new legislation has not been issued, but the
    President of Brazil has the authority to authorize new
    foreign participants on a case-by-case basis. In practice,
    Brazil has approved most plans by foreign service
    suppliers to enter the market or expand existing
    operations.  As of December 2002, foreign-owned or
    controlled assets accounted for one third of Brazil's
    total financial sector equity, and over 18 U.S. financial
    service suppliers had established significant operations
    in Brazil.

    During 2002, a U.S. company involved in credit bureau
    activities raised national treatment concerns regarding
    the refusal by Receita Federal, Brazil's internal revenue
    service, to provide it with information that was being
    obtained by its local competitors.
    INVESTMENT BARRIERS

    In addition to restrictions discussed above, various
    prohibitions limit foreign investment in internal
    transportation, public utilities, media and other
    "strategic industries."  Foreign ownership of land
    adjacent to national borders remains prohibited under
    Brazilian law, unless approved by the National Security
    Council.  Despite investment restrictions, U.S. and other
    foreign firms have major investments in Brazil, with the
    U.S. accounting for more than one third of total foreign
    investment.  There is no Bilateral Investment Treaty
    between the United States and Brazil.

    HRINAK

`