Supplementing our Newsletter No. 152, this is to inform that the Brazilian Domain Name Registration Authority, commonly known by its acronym FAPESP, has adopted a new policy allowing foreign companies to register domain names under the Brazilian ccTLD (.br), starting March 6, 2001, and thus ending a strongly criticized local presence requirement. According to a news bulletin published in FAPESP’s website (www.registro.br), foreign companies may now register a domain name in Brazil through a local attorney, who should request in Registrant’s behalf an identification number to be issued by the Brazilian Registrar, to replace the local corporate fiscal registration number, used by all Brazilian companies.

Once having determined the availability of a second level domain name through FAPESP’s user friendly Internet search tool, the foreign company should execute a power-of-attorney and an affidavit of activity, the latter containing the company’s full name, address, telephone number, corporate object and activities, as well as the name and title of its legal representative. Both documents must be notarized and legalized before the nearest Brazilian Consulate and translated into Portuguese by a sworn translator. The company’s attorney will then furnish such documents to FAPESP, together with a copy of its corporate fiscal registration number and a letter indicating the Registrant’s local ID.

The 10 domain names limit rule per Registrant still stands and will now apply to foreign companies, with the declared purpose of dampening the activities of “cybersquatters”. One must also stress that the Brazilian ccTLD .com.br is the country’s most popular, representing over 92% of all registrations. However, other restricted Brazilian ccTLDs exist and may be sought by Registrants upon proof of proper qualification. A complete and updated list of all Brazilian ccTLDs may be obtained at www.registro.br/dpn.html.

Moreover, it should be pointed out that the Brazilian Registrar has not adopted ICANN’s UDRP or any other alternative dispute resolution system and all disputes over an improperly registered domain name must be resolved either amicably or through a court action.

In case of interest, we would be glad to assist you and your clients in registering names under the Brazilian ccTLDs. Please feel free to contact your regular corresponding person in our firm, or our attorneys Rodrigo A. de Ouro Preto Santos (raopsantos@leonardos.com.br) or Daniele M. T. Coelho (dmtcoelho@leonardos.com.br).

2000 © Momsen, Leonardos & Cia.