Post by xyz3800 on Feb 28, 2024 5:24:45 GMT
An interesting meeting will take place in São Paulo on April 29th. Jed Rakoff, the judge who approved the agreement in which Petrobras committed to paying US$ 2.95 billion to end the shareholder collective action, and Modesto Carvalhosa, lawyer and partner of the members of the "lava jet" operation in the formation of the fund of R$2.5 billion with money from Petrobras. The meeting will be at the International Anti-Corruption Symposium, which will also feature a lecture by former national justice inspector Eliana Calmon and federal judge Fausto de Sanctis. Economist Roberto Troster, consultant to the International Monetary Fund (IMF) and chief economist at Bradesco, and Federal Attorney Thaméa Danelon, member of the "lava jet" task force, will also speak.
However, it is important that this independent body of collaborators has as its core activity the institution's core activity: compliance. Complementing the organizational effort, periodic internal (carried out by independent agents from the audited sector) and/or external audits greatly reinforce the compliance and security policy. The program will then have to be reaffirmed through continuous monitoring, through disciplinary measures in the face Exit Mobile Number List of non-compliance and through positive reinforcement rewarding good conduct.This is so true that Cade recently launched administrative inquiries /2018-12 an-12, to investigate Petrobras' monopoly in the refining sector and the anti-competitive effects caused by the regulation of ANP resolutions (distribution of fuels), 43/2009 (distribution and resale of ethanol) and resale of fuels.
Regarding the aforementioned ANP resolutions, Cade's investigation focuses especially on (i) the prohibition of direct marketing between producers (refineries and plants) and gas stations, (ii) the obligation for branded stations to purchase gasoline only from owner of its flag, (iii) the prohibition of a distributor supplying fuel to a reseller station that bears a different flag from its own, and (iv) the prohibition of vertical integration between distributors and resellers [5] . Notably, the obligation to impose a middleman (i.e., distributors), even though producers are fully capable of selling directly to retail outlets, exponentially (and unnecessarily) increases the cost of the operation.According to the thesis, already rejected by the Judiciary, but never definitively, it is not enough for tax legislation to authorize planning: it is necessary to demonstrate to the Treasury that the decision was taken with objectives linked to the company's business, and not just to pay less taxes.
However, it is important that this independent body of collaborators has as its core activity the institution's core activity: compliance. Complementing the organizational effort, periodic internal (carried out by independent agents from the audited sector) and/or external audits greatly reinforce the compliance and security policy. The program will then have to be reaffirmed through continuous monitoring, through disciplinary measures in the face Exit Mobile Number List of non-compliance and through positive reinforcement rewarding good conduct.This is so true that Cade recently launched administrative inquiries /2018-12 an-12, to investigate Petrobras' monopoly in the refining sector and the anti-competitive effects caused by the regulation of ANP resolutions (distribution of fuels), 43/2009 (distribution and resale of ethanol) and resale of fuels.
Regarding the aforementioned ANP resolutions, Cade's investigation focuses especially on (i) the prohibition of direct marketing between producers (refineries and plants) and gas stations, (ii) the obligation for branded stations to purchase gasoline only from owner of its flag, (iii) the prohibition of a distributor supplying fuel to a reseller station that bears a different flag from its own, and (iv) the prohibition of vertical integration between distributors and resellers [5] . Notably, the obligation to impose a middleman (i.e., distributors), even though producers are fully capable of selling directly to retail outlets, exponentially (and unnecessarily) increases the cost of the operation.According to the thesis, already rejected by the Judiciary, but never definitively, it is not enough for tax legislation to authorize planning: it is necessary to demonstrate to the Treasury that the decision was taken with objectives linked to the company's business, and not just to pay less taxes.