Presidency of the Republic Civil House Deputy Chief for Legal Matters
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Presidency of the Republic Civil House Deputy Chief for Legal Matters LAW No. 13.334 OF SEPTEMBER 13, 2016. Creates the Investment Partnerships Program - IPP; modifies Law No. 10.683 of May 28, 2003; and provides other measures. THE PRESIDENT OF THE REPUBLIC Hereby makes it known that the National Congress decrees and I sanction the following Law: Section I THE INVESTMENT PARTNERSHIPS PROGRAM 1st Art. Under the scope of the Presidency of the Republic, the Investment Partnerships Program (IPP) is created to expand and strengthen the interaction between the State and the private sector through the signing of partnership agreements for the execution of public infrastructure ventures and other privatization measures. 1st § The following can be incorporated into the IPP: I - public infrastructure ventures which are being or will be implemented by means of partnership contracts entered into by the direct and indirect public administration; II - public infrastructure projects which, by delegation or through support from the Union, are carried out through partnership agreements entered into by the direct or indirect public administration of the States, Federal District or Municipalities; and III - other measures from the National Privatization Program referred to in Law no. 9.491 of September 9, 1997. 2nd § For the purposes of this Law, partnership contracts are considered to be a common concession, sponsored concession, administrative concession, concession governed by sectoral legislation, public service permit, lease of public property, right in rem concession and other public-private businesses that, due to their strategic nature and complexity, specificity, volume of investments, long-term risks or the uncertainties involved, adopt a similar legal structure. 2nd Art. The objectives of the IPP are: I - to increase investment and employment opportunities and stimulate technological and industrial development in harmony with the country's social and economic development goals; II - to guarantee an increase in quality infrastructure with adequate tariffs; III - to promote fair and ample competition in the signing of partnerships and the provision of services; IV - to ensure judicial stability and security with a guarantee of minimal intervention in business and investment; and V - to strengthen the regulatory role of the State and the autonomy of state entities of regulation. 3rd Art. In implementing the IPP, the following principles will be observed: I - the stability of public infrastructure policies; II - the legality, quality, efficiency and transparency of state action; and III - the guarantee of legal certainty to the public officials, state entities and individuals involved. 4th Art. The IPP shall be regulated through decrees which, in the terms and limits of sectoral laws and comprehensive legislation are defined as: I - long term federal policies for investments through partnerships in federal government infrastructure ventures and privatization; II - federal government infrastructure ventures eligible for implementation through a partnership and the strategic guidelines for their structuring, bidding and procurement; and III - federal policies to foster partnerships in public infrastructure ventures of States, the Federal District or Municipalities. 5th Art. IPP ventures shall be treated as a national priority by all public execution or controlling officials, the Union, the States, the Federal District and the Municipalities. 6th Art. The agencies, entities and authorities of the Union's public administration with jurisdictions related to IPP ventures will formulate their own programs geared towards adopting, in the administrative regulation and regardless of legal requirement, the advanced practices recommended by the best national and international experiences, including: I - plans, regulations, and acts that formalize and make State policies stable that are established by the Executive Authority for each regulated sector in a way that ensures its execution within the scope of administrative regulation, observing the competences of the specific legislation, and through prior public consultation; II - elimination of bureaucratic barriers for the free organization of business; III - linking with the Administrative Council of Economic Defense - CADE, as well as with the Department of Economic Monitoring - SEAE of the Ministry of Finance, for the purposes of compliance with anti-trust law; and IV - linking with control agencies and authorities to increase the transparency of administrative actions and for efficiency in receiving and considering the contributions and recommendations. SECTION II THE BOARD OF THE INVESTMENT PARTNERSHIPS PROGRAM OF THE PRESIDENCY OF THE REPUBLIC 7th Art. The Board of the Program of Investment Partnerships of the Presidency of the Republic - CPPI is created with the following powers: I - to give its opinion, prior to deliberation by the President of the Republic, on the proposals of the competent agencies or entities on the matters laid out in the 4th art. of this Law; II - to monitor the implementation of the IPP; III - to formulate proposals and reasoned representations to the Heads of the Executive Power of the States, Federal District and Municipalities; IV - to formulate recommendations and policy guidelines for the agencies, entities and authorities of the public administration of the Union; V - exercise the duties assigned: a) to the federal public-private partnerships through Law no. 11.079 of December 30, 2004; b) to the National Council for the Integration of Transportation Policies through Law no. 10.233 of June 5, 2001; and c) to the National Privatization Council through Law no. 9.491 of September 9, 1997; VI - publish its Internal Regulation. 1st § With voting rights, the members of the CPPI shall be the Executive-Secretary of the Secretariat of the Investment Partnerships Program of the Presidency of the Republic (SPPI), who will also act as the Executive-Secretary of the Council; The Chief of Staff; The State Ministers of Finance, Planning, Development and Management, of Mining and Energy, of Transport, Ports and Civil Aviation and of the Environment; The President of the National Economic and Social Development Bank (BNDES) and the President of Caixa Econômica Federal. 2nd § Ministers responsible for the proposals or matters under examination and, where appropriate, the leaders of the relevant regulatory bodies, shall be invited to attend meetings by the Board, without voting rights. 3rd § The composition of the Program's Board of Investment Partnerships of the Presidency of the Republic will observe, when applicable, the 2nd § of the 5th art. of Law no. 9.491 of September 9, 1997. 4th § The meetings of the Board shall be presided over by the President of the Republic, who shall be, for matters needing deliberation, the final decision in case of a stalemate. SECTION III THE SECRETARIAT OF THE INVESTMENT PARTNERSHIPS PROGRAM 8th Art. The Secretariat of the Investment Partnerships Program (SPPI) shall be headed by an Executive Secretary, who will: I - direct the SPPI, as well as supervise and coordinate its activities and guide its operation; II - report directly to the President of the Republic; III - advise the President of the Republic on matters related to the SPPI's activities, preparing opinions and studies or proposing rules, measures and guidelines; IV - undertake normative guidance and technical supervision regarding matters related to SPPI's tasks; V - edit the Internal Regulations of the SPPI; and VI - edit and practice the normative acts and the other acts that are inherent in its tasks. 9th Art. The SPPI must provide ample access to Congress for the documents and information from IPP ventures that are underway, providing the requested data within thirty days. 1st § In order to comply with the provisions in the caput, the SPPI may require confidentiality for the information provided. 2nd § It shall be incumbent upon the SPPI to submit a detailed report containing data on the progress of the projects and other actions under the PPI that occurred in the previous year to the National Congress, by March 30 of the following year. Art. 10. The composition, operation and detail of SPPI's competencies shall be established in an act by the Executive Power. SECTION IV PROJECT STRUCTURING Art. 11. The sector ministry or body with jurisdiction to formulate sector policy is responsible, with the support of the SPPI, for adopting the necessary measures for the inclusion of the ventures under the IPP. Art. 12. In order to structure the projects that are or could be part of the IPP, the competent agency or entity may, subject to other mechanisms provided for in the legislation: I - use the internal structure of the public administration itself; II - contract specialized professional technical services; III - open a public call; IV - receive suggestions for projects, with any reimbursement being strictly forbidden; or V - sign a contract to provide specialized professional technical services directly with the Fund for Structuring Partnerships - FAEP. Art. 13. Observing the provisions in the 3rd Art. of Law no. 9.491 of September 9, 1997, and in the 3rd § of Art. 10 of Law no 11.079, of December 30, 2004, the bidding and signing of the IPP partnerships are independent of general or specific authorizing law. SECTION V PARTNERSHIPS STRUCTURING SUPPORT FUND Art. 14. The BNDES is authorized to represent and participate in the Partnerships Structuring Support Fund (FAEP), whose purpose,