Caiado Guerreiro & Associados: Newsletter November 201211/15/2012

LEGAL

SHARING AND DOWNLOADING FILES ONLINE
The order of discharge issued by the Public Prosecution promises to remain a topic of conversation following the criminal complaint filed by the Association for Audiovisual Trade of Cultural and Entertaining Works in Portugal (ACAPOR) against over two thousand users for the illegal downloading of protected movies and music in Peer to Peer (P2P) networks. Said order from DIAP considered that “from a legal point of view, despite the question of the user, in digital environment, acting simultaneously as uploader and downloader of the shared files, in this kind of networks, we deem lawful the utilization by the participants of P2P networks for private use – articles 75, paragraph 2/a) and 81, paragraph b) of the Code of Copyright and Related Rights – although it may be considered that once the copy is made the user does not stop his participation in the sharing”, justifying the lawfulness with emphasis on the right to education, culture and individual freedom of action in the digital world. The Public Prosecution also recognized the impossibility of investigating such facts based on the IP number of the user as it cannot be assessed with certainty that the holder of such IP matches the person which effectively shares the illegal copies.
For any further information on this matter please contact: Sandra Ferreira Dias

STATE BUDGET FOR 2013 – THE GOVERNMENT INTENDS TO STIMULATE FOREIGN DIRECT INVESTMENT
The proposal of State Budget for 2013 foresees granting the Government with powers to approve a law for the adoption of a set of measures aimed at the consolidation of competitiveness conditions of the Portuguese economy through the maintenance of favourable tax environment, which encourages investment, reinforcement of companies’ equity capital and job creation through newly established companies. In this sense, is expected the maintenance of the current Tax Scheme for Investment Support (RFAI) until 31st December, 2017, as well as the tax regime of deduction from taxable income in IRC more favourable than the current one and the enlargement of tax benefits of investment contracts of € 3.000,00 or more. The State Budget general principles were voted following two days of debate, on the 30th and 31st October. The final vote is scheduled to 27th November, at the Parliament.
For any further information on this matter please contact: Tiago Caiado Guerreiro

PUBLIC TENDER FOR THE UNIVERSAL SERVICE OF ELECTRONIC COMMUNICATIONS
On the past 12th October, the Government started a public tender with prior qualification for the selection of the provider(s) of the connection to a public communication network at a fixed location and the provision of a phone service accessible to the public through said connection, the propper provision of public payphones and the provision of comprehensive phonebook and informative service of phonebooks. In the latest two services, the award criterion will be the higher payment, while in the remaining services the criterion shall be the lower price. In any case, the companies have the duty to ensure prices’ evolution, in accordance with Government Decree 318/2012 of 12th October. The services provision period was established in 5 years, beggining between 6 to 9 months after the contract’s signing. The public tender documents are available on the official website of the public purchases and may be consulted at the ANACOM’s head office.
For any further information on this matter please contact: Sandra Jesus


BUSINESS

CORPORACIÓN AMÉRICA NEGOTIATES JOINT VENTURE TO BID FOR ANA
Corporación América, an Argentinian group of Armenian origin, managing airports in South America and Europe is negotiating with several companies and national groups, the constitution of a joint venture to apply for the privatization of ANA – Aiports of Portugal. This is one of a long list of companies who presented the intention to participate on the public tender for the ANA privatization, which the Government wants to be concluded early next year. In 1998, Corporación América led the joint venture “Aeropuertos Argentina 2000”, which won the concession to manage 33 of the largest airports in Argentina (currently 35) for 30 years. In 2001, the group achieved also for 30 years the contract of management of the concession of the largest airport in Armenia – Yerevan International Airport, better known as Zvartnots airport -, in which invested 39 million euros to adapt it to the international standards of safety and quality in airports.
For any further information on this matter please contact: Marta Paiva

INCREASE ON THE PRODUCTION OF RENEWABLE ENERGY
EDP registered an increase of about 11% in wind energy production, which reflects the strong focus on renewable energy held in the past few years. In the European context, the largest contribution to this growth came from Central and Eastern Europe and in Spain the increase was 12%, due to strong resource to wind power over the past two quarters of the year and in Portugal it was 2%. Globally the emphasis is given to Brazil, which accomplished 59% of increase. In September, EDP Renováveis managed an asset portfolio of 7.7 GW in eight countries, of which 7.4 GW fully consolidated and 350 MW within the joint venture “Eólicas de Portugal”. In view of this progress, the value of EDP Renováveis shares has been demonstrating a positive evolution on the markets.
For any further information on this matter please contact: Jorge Ribeiro Mendonça

SOVEREIGN FUND OF ANGOLA
The Sovereign Fund of Angola (FSDEA) was released on the 18th October, in Luanda, with an estimated capital evaluated in 500 billion kwanzas resulting from Angolan oil exports. The institution is exclusively held by the Angolan State and is an instrument that will ensure the saving of finantial resources from economic sectors of nonrenewable resources, investing them into sectors of renewable resources in order to allow future generations of Angolans to benefit from them. The Sovereign Fund is released at a time of extraordinary opportunities on the world market, in which emerging countries have investment needs in infrastructure that exceed 400 billion dollars, being the needs of Africa valued in 60 billion dollars. Faced with this scenario, FDSEA expects to devote resources to fixed-income investments, considered the safety and lower risk. FDSEA looks forward to constitute a portfolio of structuring projects, infrastructures related to energy, water, sanitation, transports.
For any further information on this matter please contact: Ricardo Rodrigues Lopes