On December 10th, 2018, Brazil`s foreign trade chamber CAMEX published Resolution No. 90/2018 which aims to improve transparency, predictability, and the control over foreign trade regulations. It includes processes to prepare and check regulations measures with view to foreign trade. The measure are supposed to increase the interaction between the public and the private sector in foreign trade scenarios. The following best practice measures were published:
- Transparency through consultations
- Predictability through public selection process
- Regulation monitoring
Regulation authorities should, whenever possible, promote transparency and the public access to information regarding suggestions for regulation measures. Regulation measures connected to foreign trade have to include a 60-day consultation process. Exceptions are possible for duly justified cases of unnecessary or inadequate consultations.
The supervisory authority should, whenever possible, evaluate the available alternatives for reaching the respective goal while maintaining that a regulation measure must not infringe any more upon the trade than is necessary for reaching the goal or safeguarding public order.
It needs to compare all available alternatives, especially with view to the regulation costs. Afterwards, it needs to select the option of combination of options that is best suited for reaching the goal.
All suggestions that have been made during the consultation period have to be taken into account. Furthermore, the results of the selection process as well as the reasons for the declined alternatives should be published. The implementation strategy for the chosen option, including the controlling and inspection protocol as well as the necessary regulation measures for changing or cancelling the process, have to be outlined. Decisions should be made based on relevant scientific, technical and economic information.
All regulation measures aimed at foreign trade need to be constantly monitored.
However, it is to be expected that these decisions do not apply to regulation measures for the Brazilian Internal Revenue Service.