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Decree 10,349/2020 qualifies the policy of attracting private investment to the tourism sector

June 9, 2020

Put Leonardo Neri and Barbara Oliveira – 09/06/2020

In September 2016, the Federal Government created the Investment Partnership Program (PPI) through Law No. 13,334/2016. The PPI aims to expand and strengthen interaction between the State and the private sector for the execution of public projects through partnership contracts. Article 4 of Law 13,334/16 provides that the PPI will be regulated by means of decrees, which will observe the limits of the specific and general legislation applicable to each case.

Given the country's current economic scenario, where the tourism sector is considered one of the most negatively affected, Decree 10,349/2020 was published on May 14, 2020, qualifying the PPI for the tourism sector, with the objective of implementing new ventures and tourist use of cultural and natural assets.

The idea of the program is to create means for the sector to have the opportunity to recover from the effects of the Covid-19 pandemic more quickly than expected. To this end, Decree 10.349/2020 provides that studies will be prepared to seek regulatory alternatives to promote and boost private investments in the sector, provide legal certainty to investments, establish priorities and analyze the socioeconomic impacts of regulatory alternatives.

With the authority to monitor and provide opinions on studies and provide information to the competent bodies, the Interministerial Committee was established, coordinated by a representative of the Special Secretariat for the Investment Partnership Program of the Ministry of Economy and composed of representatives of other federal bodies, such as the Civil House, the Secretariat for the Evaluation of Public Policies, Planning, Energy and Lottery of the Ministry of Economy, the National Secretariat for Structuring Tourism and the National Secretariat for Interinstitutional Integration, both of the Ministry of Tourism, the Secretariat for Ecotourism of the Ministry of the Environment and the Secretariat of Government of the Presidency of the Republic.

Furthermore, on an optional basis, the Secretariat for Coordination and Governance of the Union's Heritage of the Ministry of Economy, the National Bank for Economic and Social Development (BNDS) and the National Institute of Historical and Artistic Heritage of the Ministry of Tourism may participate in the Interministerial Committee. Technical assistance may also be requested from other bodies if necessary to prepare the studies, which must be completed within 180 days, extendable for the same period.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

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