The Brazilian government participates, since 1997, in the International Investment and Multinational Enterprises Committee, within the Organization for Economic Cooperation and Development (OECD). Amongst the various instruments approved in that committee, there is a Declaration on International Investment and Multinational Enterprises, which holds the OECD Guidelines for Multinational Enterprises.
The Guidelines, which are similar to a multilateral code of conduct for multinational enterprises, have a volunteer basis and look to standardize the enterprises’ operations with governmental policies, to strengthen the relationship with the society where it operates, to improve the foreign investment climate and to increase the enterprises’ contribution to sustainable development. In 2011, the Guidelines were revised and Brazil ratified the agreement.
The Guidelines anticipate the creation of the National Contact Points (NCPs), with the purpose of promoting the Guidelines, foster their implementation, and build a forum for information exchange between governments, society and enterprises.
More than 250 “cases” have been raised along with the NCPs in the last 10 years. Most of them related to labor, environment and human rights issues.
The 2011 update strengthens the mediation and conciliation mechanisms offered by the NCPs, through clearer and more predictable procedure rules and through greater emphasis on prevention and problem solution.
The people or organizations that feel harmed by an action or omission of a multinational enterprise, due to the non observance of the Guidelines, can appeal to an intermediation of the NCP.
The National Contact Point (NCP) for the Guidelines of the Organization for Economic Cooperation and Development (OECD) for Multinational Enterprises is structured according to the Inter-ministerial Ordinance nº37, of February 19th, 2013.
The NCP is composed of the following entities:
I – Central Bank of Brazil;
II - Comptroller General of the Union;
III – Ministry of Science, Technology and Innovation;
IV – Ministry of Finance;
V – Ministry of Justice;
VI - Ministry of Foreign Affairs;
VII – Ministry of Development, Industry and International Commerce;
VIII – Ministry of the Environment;
IV - Ministry of Planning, Budget and Management;
X - Ministry of Labor and Employment; and
XI - Secretariat of Human Rights of the Presidency of the Republic.
The NCP Coordination shall be borne by the Secretariat of International Affairs of the Ministry of Finance – SAIN/MF.
On September 14th, the NCP Resolution n° 01/2012 was published, which disposes of the rules of the National Contact Point and revokes the NCP Resolution n° 01/2007.
The main objective of the resolution is to update the procedures of Brazil’s NCP, according to the 2011 review of the OECD Guidelines for Multinational Enterprises.
The resolution makes the NCP’s internal process more transparent in relation to the receipt and evaluation of the Complaints. Furthermore, the Resolution clarifies how the information the NCP has shall be published, as well as the circumstances under which the confidentially shall be maintained.
To prepare the content of the Resolution, the NCP had the contribution of partners from workers’ unions, employers’ unions and civil society organizations.
Previously, the NCP was ruled by NCP Resolution n° 01/2007.