Infra + Integrity Certification from the Ministry of Infrastructure of Brazil: Applications Due by April 30

Applications for the Infra + Integrity Certificate (Selo Infra + Integridade, the "Certificate") are due by April 30.

Created by Ordinance No. 102 of July 23, 2020, which was issued by the Ministry of Infrastructure ("MInfra"), the Certificate recognizes companies that have entered into contracts with the public administration in the past five years; work in the land transportation infrastructure sector on large-scale projects (with estimated expenses that exceed BRL 82.5 million); and have demonstrated good corporate governance and institutional integrity through initiatives related to ethics, transparency, compliance, social responsibility and sustainability, as well as fraud and corruption prevention.

The main purpose of the Certificate, which will be valid for one year, is to encourage the implementation of integrity, compliance and ethics programs as well as to raise awareness in the land transportation infrastructure sector of the importance of ethical conduct and assisting in fighting crimes against the public administration.

Companies that are awarded the Certificate must sign the Pact for Ethics, Integrity, and Sustainability and may display the Certificate on their products, packaging, documents, electronic and business websites, folders, signs, vehicles and any other assets for a period of one year from the date of the award.

MInfra may release to the public the good corporate governance practices adopted by the companies awarded the Certificate in order to recognize them as well as disseminating and encouraging the adoption of good corporate governance practices.

The Certificate can be applied for free of any charge by filling out the Registration Questionnaire (Questionário de Inscrição) available on MInfra's website (https://selointegridade.infraestrutura.gov.br).

In order to qualify for the Certificate, companies must submit documents proving their (a) commitment to the dissemination and maintenance of integrity policies and (b) adoption and encouragement of social responsibility and sustainability practices. The complete list of documents can be found in article 3 of MInfra Ordinance No. 102/2020, which can be accessed at https://www.in.gov.br/web/dou/-/portaria-n-102-de-23-de-julho-de-2020-268438097.

The documents submitted will be analyzed by the MInfra Integrity Technical Committee (Comitê Técnico de Integridade, "CTI"), which, within 90 days, will prepare a Final Analysis Report (Relatório de Análise Final, "RAF") on each qualified company.¹ The RAF will be forwarded to the members and substitutes of the MInfra Management Committee (Comitê Gestor) for approval. It should be noted that companies that submit false information or documents will be disqualified and unable to apply for the Certificate for two years.

For more information related to this Legal Update, please contact our Compliance or Infrastructure team.