The Brazilian central level of government (the Union) is responsible for exploiting, directly or indirectly - through authorisation, concession or permission - maritime ports.
For port facilities located inside an Organised Port Area, only juridical persons established under Brazilian laws and regulations, with headquarters and administration in the country, may request authorisation for construction, exploitation and expansion, as well as respond to public bidding or notices, in the modalities of private use terminal, transshipment station of cargo, small public port facility and tourist port facility.
The indirect operation of an Organised Port and the port facilities located therein requires concession and lease of the public good. The concession and lease of the public good shall be carried out through a contract, preceded by a public bidding, establishing cession for exploitation for a specific duration.
For the purposes of this entry:
(a) Organised Port means a public good built and equipped to meet the needs of navigation, passenger handling or goods handling and storage, and whose traffic and port operations are under the jurisdiction of a port authority;
(b) Organised Port Area means an area encircled by an act of the Executive Branch that includes the port facilities and the infrastructure of protection and access to the organised port; and
(c) Port facility means installation located inside or outside the port area organised and used in moving passengers, moving or storing goods, destined for or coming from waterway transport.
LIST B OF BRAZIL
Explanatory Notes
1. This List B indicates, in accordance with Article 9.9 (Schedules of Non-Conforming Measures), Article 9-A.7 (Schedules of Non-Conforming Measures) and Article 10.8 (Schedules of Non-Conforming Measures), the specific sectors, subsectors or activities for which it may maintain or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Article 9.3 (National Treatment) or Article 10.4 (National Treatment);
(b) Article 9.6 (Senior Management and Boards of Directors);
(c) Article 9-A.4 (Most-Favoured-Nation Treatment) or Article 10.10 (Most-Favoured Nation Treatment);
(d) Article 10.3 (Market Access); or
(e) Article 10.9 (Local Presence).
2. Each entry in this List sets out the following elements:
(a) Sector refers to the sector for which the entry was made;
(b) Subsector refers to the sub-sector for which the entry was made;
(c) Obligations Concerned specifies the obligations referred to in paragraph 1 against which a reservation taken;
(d) Description provides a general description of the reservation.
3. In accordance with Article 9.9 (Schedules of Non-Conforming Measures), Article 9-A.7 (Schedules of Non-Conforming Measures) and Article 10.8 (Schedules of Non-Conforming Measures), the obligations of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities listed, within the scope inscribed in the Description element of that entry.
4. For greater certainty, in the case an entry is prescribed for all sectors, such entry applies to all sectors included in the scope of Chapter 10 (Trade in Services) and Chapter 9 (Investment).
1. Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3 and Article 10.4) Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10) Market Access (Article 10.3) Local Presence (Article 10.9)
Description: Investment and Trade in Services
Brazil reserves the right to adopt or maintain any measure aimed at reducing regional inequalities, promoting equitable access to development opportunities across regions in its territory, as well as ensuring social inclusion.
2. Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3 and Article 10.4) Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10) Market Access (Article 10.3) Local Presence (Article 10.9)
Description: Investment and Trade in Services
Brazil reserves the right to adopt or maintain any measure related to the development of activities in border areas (within 150 (one hundred and fifty) km from national boundaries) and in the following areas: the Amazon Basin, the Mata Atl ntica, the Serra do Mar and the Pantanal.
3. Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10)
Description: Investment and Trade in Services
Brazil reserves the right to adopt or maintain any measure providing for more favourable treatment for Signatory MERCOSUR States and for any other ALADI (Latin American Integration Association) members.
4. Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3 and Article 10.4) Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10) Market Access (Article 10.3) Local Presence (Article 10.9)
Description: Investment and Trade in Services
Brazil reserves the right to adopt or maintain any measure related to the acquisition or lease of rural property or to the acquisition of any other real estate right over rural property by foreign natural persons, foreign juridical persons or Brazilian juridical persons with foreign participation.
For the purposes of this reservation, rural property is an area or property that is used or can be used for agriculture, livestock, vegetal extraction, forestry and agro-industry.
5. Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3 and Article 10.4) Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10) Market Access (Article 10.3) Local Presence (Article 10.9)
Description: Investment and Trade in Services
Brazil reserves the right to adopt or maintain any measure relating to access, economic exploitation and the transfer of its genetic heritage abroad, so as to preserve its diversity and integrity.
For the purpose of this reservation, genetic heritage means information of genetic origin of plant, animal, microbial or other species, including substances derived from the metabolism of these living beings.
6. Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3 and Article 10.4) Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation (Article 9-A.4 and Article 10.10) Market Access (Article 10.3) Local Presence (Article 10.9)
Description: Investment and Trade in Services
When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Brazil reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by foreign investors or their investments;
(b) impose limitations on the ability of foreign investors or their investments as owners of such interests or assets to control any resulting enterprise; and
(c) adopt or maintain a measure relating to the nationality of senior management or members of the board of directors.
7. Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 10.3) National Treatment (Article 10.4) Local Presence (Article 10.9) Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain measures relating to a new service that cannot be classified under CPC 1991.
The reservation does not apply to an existing service which could be classified in CPC 1991, but which previously could not be provided on a cross-border basis due to lack of technical feasibility.
For the purposes of this reservation, "CPC 1991" means the Provisional Central Product Classification (Statistical Documents, Series M, No. 77, Department of International Economic and Social Affairs, United Nations Statistical Office, New York, 1991).
8. Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 10.3) National Treatment (Article 10.4) Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, except as provided for in List A.
For greater certainty, this reservation does not affect the commitments undertaken by Brazil in Chapter 11 (Movement of Natural Persons).
9. Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10)
Description: Investment and Trade in Services
With respect to matters covered or disciplined by Chapter 9 (Investment) and Chapter 10 (Trade in Services), Brazil reserves the right to adopt or maintain any measure that accords differential treatment to countries, under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
With respect to matters not covered or not disciplined by Chapter 9 (Investment) and Chapter 10 (Trade in Services), Brazil reserves the right to adopt or maintain any measure that accords differential treatment to countries, under any bilateral or multilateral international agreements in force or signed prior or after date of entry into force of this Agreement.
10. Sector: Communication Services
Sub-Sector: Telecommunication Services
Obligations Concerned: National Treatment (Article 10.4)
Description: Trade in Services Brazil reserves the right to adopt or maintain limits to foreign participation in the capital of telecommunications service providers.
11. Sector: Financial Services
Sub-Sector:
Obligations Concerned: Market Access (Article 10.3) National Treatment (Article 10.4) Local Presence (Article 10.9) Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services Brazil reserves the right to adopt or maintain any measures affecting the supply of financial services with respect to Article 10.9 (Local Presence) or Article 10.10 (Most-Favoured Nation Treatment). Brazil reserves the right to adopt or maintain any measure with respect to Article 10.3 (Market Access) or Article 10.4 (National Treatment), except as specified in the Appendix to this List B (Commitments for Financial Services Brazil) and subject to the limitations, conditions and qualifications specified therein.
12. Sector: Communication Services
Sub-Sector: Telecommunication services supplied for distribution of radiotelevision programming for direct reception by service consumers. or
Obligations Concerned: Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain measures allowing for access to markets on a reciprocity basis or providing for differential treatment to specific countries.
13. Sector: Health Services and Social Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 10.4) Most-Favoured Nation (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain any measure related to health care.
14. Sector: Professional Services
Sub-Sector: Research and Development Services
Obligations Concerned: National Treatment (Article 10.4)
Description: Trade in Services
Brazil reserves the right to limit, throughout the national territory, including the continental shelf and waters under its jurisdiction, field activities and scientific research that imply movement of human and material resources, with the objective of collecting data, materials, biological and mineral specimens, and parts of native culture and popular culture.
15. Sector: Professional Services
Sub-Sector:
Obligations Concerned: Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain any measure relating to procedures for registration of professionals arising from bilateral or multilateral agreements signed by professional bodies or other competent authorities.
16. Sector: Educational Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 10.4) Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain any measures related to authorisation or registration related to qualifications for the issuance of Brazilian diplomas and education certificates.
17. Sector: Audiovisual Services and Cultural Industries
Sub-Sector:
Obligations Concerned: Senior Management and Boards of Directors (Article 9.6) Most-Favoured Nation Treatment (Article 9-A.4 and Article 10.10) National Treatment (Article 10.4) Local Presence (Article 10.9)
Description: Investment and Trade in Services
Brazil reserves the right to maintain any measure for audiovisual services and cultural industries sectors.
For the purposes of this entry, "cultural industries" includes persons engaged in any of the following activities:
(a) the publication, distribution or sale of books, magazines, periodicals or newspapers in print or machine-readable form but not including the sole activity of printing or composing any of the foregoing;
(b) production, distribution, sale or display of films, videogames or video recordings;
(c) production, distribution, sale or display of audio recordings or music videos;
(d) publication, distribution or sale of music in printed or machine readable form;
(e) exhibitions of films or recordings; or
(f) radiocommunications in which transmissions are carried out for direct reception by the general public, and all radio, television and cable companies and all satellite programming and transmission network services.
18. Sector: Transport Services
Sub-Sector: Maritime Transport Services International Freight Transportation
Obligations Concerned: Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services
Brazil reserves the right to adopt or maintain any measures that accords differential treatment to countries under any international agreement in force or signed prior or after the date into force of this agreement involving maritime and services auxiliary to maritime matters and port matters.
For greater certainty, this reservation includes, among others, the right to adopt or maintain measures concerning cargo sharing and cargo reservation and measures providing for access to cargo on a reciprocity basis with countries with whom it enters into bilateral maritime transport agreements.
19. Sector: Transport Services
Sub-Sector: Land Transport International Freight Transportation International Passenger Transportation
Obligations Concerned: Most-Favoured Nation Treatment (Article 10.10)
Description: Trade in Services