G/ADP/N/1/BRA/3/Suppl.1  
G/SCM/N/1/BRA/2/Suppl.10  
 
8 May 2014  
(14-2841)  Page: 1/5  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
BRAZIL 
Supplement 
The following communication, dated 24 April 2014, is being circulated at the request of the 
Delegation of Brazil.  
_______________ 
MINISTRY OF DEVELOPMENT, INDUSTRY AND FOREIGN TRADE  
SECRETARIAT OF FOREIGN TRADE 
  
ORDINANCE No. 2, DATED JANUARY 22
nd, 2014.  
 
Regulates the legal representation of interested parties, 
domestic or foreign-based, individuals or legal entities, in 
trade defense proceedings. 
 THE SECRETARY OF FOREIGN TRADE OF THE MINISTRY OF DEVELOPMENT, INDUSTRY AND 
FOREIGN TRADE, in the exercise of the prerog atives assigned to him by article 15, sub-
paragraph VII of Annex I of Decree No. 7.096, dated February 4
th, 2010, decides:  
 
Article 1. The legal representation of interested parties in trade defense proceedings referred to in 
Decree No. 8.058, dated July 26th, 2013, Decree No. 1.751, dated December 19th, 1995 and 
Resolution CAMEX No. 63, dated August 17th, 2010, shall observe, in addition to the established in 
the aforementioned norms, the provisions contained in this Ordinance. 
Article 2. Individuals and legal entities, domestic  or foreign-based, that meet the requirements 
established in sub-paragraphs "I", "II" and "III"  of paragraph 2 of Article 45 of Decree No. 8.058, 
of 2013, and sub- paragraphs "a", "b" and "c" of paragraph 3 of Article 30 of Decree No. 1.751, of 1995, as well as governments referred to in sub-paragraph "IV" of  paragraph 2 of Article 45 of 
Decree No. 8.058, of 2013, are interested partie s in anti-dumping and countervailing measures 
investigations conducted by the Department of Trade Remedies (DECOM) of the Secretariat of 
Foreign Trade (SECEX) regardless of requests or manifestations of interest. 
 
Sole Paragraph. In order for other parties to be considered interested parties by SECEX, as provided for in sub-paragraphs "V" of paragrap h 2 of Article 45 of Decree No. 8.058, of 2013, and 
"d" of paragraph 3 of Article 30 of Decree No. 1. 751, of 1995, the corresponding request must be 
filed within 20 (twenty) days of the date of publication of the initiation of the investigation.   Article 3. Interested parties referred to in Article 2 may express themselves during the course of 
investigations by means of duly authorized repr esentatives, under the terms of this Ordinance. 
 G/ADP/N/1/BRA/3/Suppl.1 • G/SCM/N/1/BRA/2/Suppl.10 
 
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  Sole Paragraph. A statement shall only be accepted  and brought to the case file when presented in 
writing by the interested parties, without prejudic e to the provisions established in paragraphs 6 
and 7 of Article 55 of Decree No. 8.058, of 2013.  
Article 4. Domestic interested parties shall participate in the course of investigations through a 
duly authorized representative.   
Paragraph 1. Legal entities may be represented: 
 
I. by its presidents, directors, managers or any other employee, according to the powers 
granted to them by the articles of asso ciation (bylaws or company charter and its 
modifications) and, where applicable, by the minutes of a meeting; or 
II. by a proxy constituted through public or private power of attorney, not being accepted 
instruments which exclusively grant ad judicia  powers.  
Paragraph 2. When granting power of attorney through a private instrument, this instrument must 
be accompanied by the articles of association of the interested party and by the minutes of a meeting, where applicable, which gave the grantor the power to constitute a proxy on behalf of 
the company. 
 Paragraph 3. When granting power of attorney through a private instrument, certification of signature may be required when there is do ubt about the authenticity of the document.    
 
Paragraph 4. Powers of attorney granted in disagreement with the provisions established in this Ordinance or with the conditions provided for in th e articles of association of the legal entity and, 
where applicable, in the minutes of a meeting, shall be considered invalid and the acts practiced 
under these instruments shall be considered nonexistent.  
Article 5. Foreign-based interested parties (except for governments) shall participate in the course 
of investigations through a representative duly authorized in accordance with one of the following ways:  
I. by its presidents, directors, managers or any other employee, when proved, through 
the form in Annex I of this Ordinance, that the representative truly has powers of representation of the interested party; 
II. by its presidents, directors, managers or any other employee, when proved that the 
representative truly has powers of representation of the interested party, through the submission of the following documents to DE COM or to any Notary's Office in Brazil: 
a. proof that the company is constituted according to the law of its country; 
b. the whole content of the company charter or bylaws or equivalent document which 
constituted the comp any; 
c. a list with the name, nationality, job, home address and, except for  bearer shares, the 
value of the participation in the capital of the company of all of the members of the 
management bodies of the company; and 
d. the minutes of the election of the representative or any corresponding document. 
III. by a proxy constituted through  power of attorney issued by a Notary's Office in Brazil 
or in the country of the interested party in which the Public Notary certifies that the grantor truly has powers to constitute proxies on behalf of the company and whose 
terms provides specific powers to act in trade defense proceedings conducted by 
DECOM; 
IV. by a proxy constituted through power of atto rney issued in Brazil or in the country of 
the interested party that provides specific powers to act in trade defense proceedings G/ADP/N/1/BRA/3/Suppl.1 • G/SCM/N/1/BRA/2/Suppl.10 
 
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  conducted by DECOM, when proved, through the form in Annex II of this Ordinance, 
that the grantor has powers to constitute proxies on behalf of the company; or 
V. by a proxy constituted through power of attorney issued in Brazil or in the country of 
the interested party that provides specific powers to act in trade defense proceedings 
conducted by DECOM, when proved that the grantor has powers to constitute proxies 
on behalf of the company, through the submission of the following documents to DECOM or to any Notary's Office in Brazil: 
a. proof that the company is constituted according to the law of its country; 
b. the whole content of the company charter or bylaws or equivalent document which 
constituted the company; 
c. a list with the name, nationality, job, home address and, except for  bearer shares, the 
value of the participation in the capital of the company of all of the members of the 
management bodies of the company; 
d. the minutes of the election of the representative or any corresponding document; and 
e. the document(s) which prove the power to cons titute proxies on behalf of the company. 
Paragraph 1. Powers of attorney signed abroad must have signatures certified in the country 
where they were granted. 
 
Paragraph 2. All evidentiary documents, powers of attorney and certifications of signature in foreign languages must be notarized, legalized by the corresponding Brazilian diplomatic or consular representation, and protocolled accompanie d by the respective translations to Portuguese 
done by a sworn translator in Brazil, after the legalization of the document. 
 Paragraph 3. Powers of attorney must be transl ated to Portuguese directly from the original 
language in which they were signed. 
 Paragraph 4. Powers of attorney granted in disagreement with the provisions established in this 
Ordinance shall be considered invalid and the acts practiced under these instruments shall be 
considered nonexistent.  Paragraph 5. Public documents from Argentina must be legalized by the Argentine Foreign Ministry 
in Buenos Aires, being the legalization of docu ments by the Brazilian diplomatic or consular 
representation waived, pursuant to the provisions of the Brazil-Argentina Agreement on Simplification of Legalization of Public Documents, of April 23, 2004. 
 
Paragraph 6. Regarding documents from France, Article 23 of Decree No. 3.598 of 
September 12, 2000, shall be applied. 
 
Article 6. Foreign governments shall be represented by the Head of the Official Representation in Brazil or by a representative designated by him or her.  
Sole Paragraph. The assignment of represen tatives pursuant to the provisions of the caput  of this 
Article shall be protocolled at DECOM in official communication of the corresponding representation, which must expressly contain the trade defense proceeding to which the 
assignment refers. 
 Article 7. Representatives referred to in Articles 4 and 5 that are not authorized shall only 
intervene in trade defense proceedings through one of the following acts: 
 
I. requests for extension of time limits for presenting the responses to the 
questionnaire; and 
II. submission of responses to the questionnaire. G/ADP/N/1/BRA/3/Suppl.1 • G/SCM/N/1/BRA/2/Suppl.10 
 
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  Paragraph 1. For the purposes of this article, the authorization of the representatives which 
practice the acts provided for in the subparagraphs of the caput must be regularized until the 91st 
day of the investigation, without the possibility of time extension.   
Paragraph 2. Where the requests for time extension for the submission of responses to the 
questionnaires are made through institutional communication, including institutional electronic communication, the regularization of the authorizat ion referred to in the paragraph above shall be 
required solely for the representatives who submitted responses to the questionnaire. 
 Paragraph 3. The absence of regularization of representation within the time limit established by this article shall render nonexistent the acts referred to in the sub-paragraphs of this Article.   
 
Article 8. Evidentiary documents relating to the representation referred to in this Ordinance must be protocolled at DECOM in printed form, in its original versions or certified copies, pursuant to 
Annex II of Ordinance SECEX No. 3, dated February 7
th, 2013. 
 Article 9. Only duly authorized representatives ma y have access to the facilities of the hearings 
held throughout trade defense proceedings and ex press themselves on behalf of the interested 
parties during such hearings.  Paragraph 1. The names of the representatives that will attend the hearings, referred to which in 
the capu t of this Article, must be communicated to DECOM in writing at least 5 (five) days before 
the date of the hearing.   
Paragraph 2. The timely protocol of the communication referred to in the paragraph above is a 
mandatory requirement for participation in the aforementioned hearings, being prohibited the entrance in the facilities of the hearing of any representatives referred to in the paragraph above 
that do not prove their identities.  
 Article 10. The provisions established by this Ordinance shall apply, when appropriate, to 
investigations conducted under Decree No. 1.602, dated August 23
th, 1995, whose petitions were 
protocolled until September 30th, 2013. 
 Article 11. This Ordinance shall enter into force on the day of its publication.  
 
Article 12. Ordinance No. 38, dated September 18
th, 2013 is hereby revoked.  
 
DANIEL MARTELETO GODINHO G/ADP/N/1/BRA/3/Suppl.1 • G/SCM/N/1/BRA/2/Suppl.10 
 
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DIRECT 
 
On this ___(1)___day of _______(2)______, before me, the undersigned notary public, personally 
appeared __________(3)_________, _________(4)_________, job position proved to me 
through satisfactory evidence of identificati on which was __________(5)_____________ as well it 
was proved to me [his/her] power of attorney through _______(6)_________.  WITNESS my hand and official seal. 
 
___________________(7)_________________  
Notary Public, ________(8)______________ 
 (1) Day 
(2) Month and year 
(3) Name of the legal representative (4) Job position of the legal representative and name of the company (5) Documents shown to prove the relationship between the representative and the company 
(6) Documents shown to prove its power of attorney 
(7) Signature of the Notary Public (8) Name of the Notary Public 
 
 
  
 
WITH POWER OF ATTORNEY 
 
On this ___(1)___day of _______(2)______, before me, the undersigned notary public, personally 
appeared __________(3)_________, _________(4)_________, proved to me through 
satisfactory evidence of identification wh ich was ____________(5)_____________ as well it was 
proved [his/her] power of attorney and [his/her ] power to establish a representative through 
_______(6)_(7)________. 
 WITNESS my hand and official seal. 
___________________(8)_________________ 
Notary Public, ________(9)______________  (1) Day 
(2) Month and year 
(3) Name of the legal representative (4) Job position of the legal representative and name of the company 
(5) Documents shown to prove the relationship between the representative and the company 
(6) Documents shown to prove its power of attorney (7) Documents shown to prove its power of establish a representative 
(8) Signature of the Notary Public 
(9) Name of the Notary Public 
 
 
  
__________