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In 2010, the Brazilian government prepared the first survey designed to identify, recover, and systematize data and information concerning public investment for activities, projects, and programs of Brazilian cooperation (aid) for international development from 2005–2009.  During this period, it was found that Brazil invested more than US$1.8 billion in international development cooperation.

According to the survey, more than one hundred institutions of the Brazilian federal government, including ministries and related entities, are directly involved in international cooperation.The Brazilian Agency for Cooperation is responsible for negotiating, coordinating, implementing, and monitoring Brazilian programs and projects of technical cooperation, performed based on agreements signed by Brazil with other countries and international organizations.

Brazil provides aid to foreign countries with no strings attached.  No conditions or political goals are imposed in exchange for grants destined for international collaboration.

I.  Introduction

A.  Official Development Assistance Figures

In recent years, agencies and entities of the federal government increased the allocation of a portion of their resources for projects designed to promote the development of various countries.[1]  However, the identification of this practice was neither quantified nor systematized within the federal public administration, which was a limiting factor in the use of this instrument for the execution of foreign policy objectives and recognition of the country’s contribution to the socioeconomic development of others countries.[2]

The decentralized nature of the actions implemented by institutions of the federal government posed a challenge to clearly defining the amount of investment in international cooperation.[3]  Aware of the importance of international cooperation for development, the Ministry of Foreign Affairs (Ministério das Relações Exteriores – MRE) proposed to the Presidency of the Republic the initial survey of Brazilian federal government funds invested for the purpose of contributing to the development of other countries.[4]

In January 2010, the Ministry of Foreign Affairs, through the Brazilian Cooperation Agency (Agência Brasileira de Cooperação – ABC), and the Institute of Applied Economic Research (Instituto de Pesquisa Econômica Aplicada – IPEA) partnered with the support of the Presidency of the Republic (Casa Civil) for the initial survey of these resources within the federal government, in order to identify, recover, and systematize the data and information of public investment for activities, projects, and programs of Brazilian cooperation for international development for the period 2005–2009 (hereinafter the survey).[5]

The classification of the quantified resources followed a set of predefined categories, created from an international review of methodologies, in order to allow a certain degree of comparability of the data collected with the data available internationally.[6]  Consequently, the resources were classified according to the nature of cooperation (bilateral or multilateral) and the type of cooperation (technical aid, scholarships for foreigners, humanitarian aid, aid to refugees in Brazil, peacemaking missions, and contributions from the Brazilian budget for international organizations).[7]

Throughout 2010, data were obtained from organs of the direct administration[8] and entities subordinated to the federal government.[9]  It was found that the total volume of investments for the 2005–2009 period was in the amount of approximately R$2.8 billion.[10]

In 2009, Brazil invested R$724 million[11] in international development cooperation, which was divided among humanitarian aid (12.02%), scholarships for foreigners (6.14%), technical cooperation (13.49%), and contributions to international organizations (68.35%).[12]

B.  Private Contribution Figures

The available data regarding Brazilian contributions deal with government-related transactions.  No data was identified concerning private contributions to foreign aid. 

C.  Snapshot of Foreign Aid Activity

Two laws were recently enacted in regard to Brazil’s current foreign aid activity.  The first, on May 31, 2011 (Lei No. 12.413, de 31 de Maio de 2011),[13] authorized the executive branch of the federal government to make donations to the Global Alliance for Vaccines and Immunization (GAVI)[14] in the amount of US$20 million, distributed in equal and subsequent parts over a period of twenty years, in order to feed the financial platform, the International Finance Facility for Immunization (IFFIm),[15] which will finance vaccinations and immunizations in low-income countries.[16]  Law No. 12,413 also authorized the executive to make annual donations for an undetermined period of time to UNITAID,[17] in the proportion of US$2.00 per passenger boarding an aircraft within Brazil bound for abroad, except for passengers in transit through the country.[18]

The second law was enacted on June 20, 2011 (Lei No. 12.429, de 20 de Junho de 2011),[19] and authorized the federal government to make donations of certain products through the World Food Programme of the United Nations (WFP)[20] to Bolivia, El Salvador, Guatemala, Haiti, Nicaragua, Zimbabwe, Cuba, members of the Community of Portuguese Language Countries, the Palestinian Authority, Sudan, Ethiopia, the Central African Republic, the Democratic Republic of Congo, Somalia, Niger, and the Democratic People’s Republic of Korea (North Korea) for a period of up to twelve months after publication of the Law.[21]  The products and their respective limits are identified in the Annex attached to the Law; listed products may be provided so long as the donation does not compromise service to people victimized by adverse events within Brazil’s national territory.[22]

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II.  Legal Framework

A.  Regulation of ODAs

1.  Overview

During the Brazilian government’s survey, the institutions that participated in the study[23] came up with a common definition for data collection[24] that differs from the definition of official development assistance (ODA) used by the Organisation for Economic Co-operation and Development (OECD).[25]

OECD defines ODA as

[g]rants or loans to countries and territories on the DAC List of ODA Recipients (developing countries) and to multilateral agencies which are: (a) undertaken by the official sector; (b) with promotion of economic development and welfare as the main objective; (c) at concessional financial terms (if a loan, having a grant element of at least 25 per cent).  In addition to financial flows, technical co-operation is included in aid. Grants, loans and credits for military purposes are excluded.  Transfer payments to private individuals (e.g. pensions, reparations or insurance payouts) are in general not counted.[26]

In Brazil, the definition created for cooperation for international development is the totality of resources invested by the Brazilian federal government (considered grants) in the government of other countries, nationals of other countries in Brazil, and international organizations for the purpose of contributing to international development, which is understood as the strengthening of the capacities of international organizations and groups or populations of other countries to improve their socioeconomic conditions.[27] 

2.  Implementing Agencies

According to the survey, which was designed to identify, recover and systematize data and information concerning public investment for activities, projects, and programs of Brazilian cooperation for international development,[28]more than one hundred institutions of the Brazilian federal government, including ministries and related entities, are directly involved in international cooperation.[29]

The Brazilian Agency for Cooperation is subordinated to the Ministry of Foreign Affairs.[30]  The agency is responsible for negotiating, coordinating, implementing, and monitoring Brazilian programs and projects of technical cooperation, performed based on agreements signed by Brazil with other countries and international organizations.[31]  To fulfill its mission, the agency follows the external policy of the Ministry of Foreign Affairs and the national development priorities as defined in plans and programs of the government.[32]

The Brazilian government believes that technical cooperation that it receives should contribute significantly to the socioeconomic development of the country and encourage national autonomy with regard to the subjects covered.[33] 

The same concern applies to the technical cooperation provided by Brazil to other countries.  The national mission of technical cooperation among developing countries is defined by the Brazilian Agency for Cooperation as a contribution to the strengthening of Brazilian relations with developing countries to expand their interchange, generation, dissemination, and use of technical expertise to give its human resources the necessary qualifications and strengthen its institutions.[34]

3. Restrictions

The international collaboration that Brazil grants to other countries does not impose any conditions or immediate political goals.[35]  According to the survey, the federal government recognizes international cooperation to promote development in nations who share similar social and economic problems faced by Brazil as an instrument of foreign policy.[36]  It also states that Brazilian cooperation for international development is driven by principles of equitable relations and social justice, forming an important instrument of foreign policy.[37]

4. Discretionary Aid

As noted, the survey states that Brazil implements international cooperation according to principles of equitable relations and social justice,[38] does not impose any conditions associated with its international cooperation, and apparently has no specific laws governing discretionary aid or required criteria and procedures for such aid.  Brazil applies the knowledge obtained while resolving its own problems to support and help countries overcome their difficulties to achieve development[39] with no reservations or conditions.

5.  Oversight

As Brazil does not impose any conditions or immediate political goals associated with its international cooperation, no oversight mechanism, safeguards against corruption, or technical and efficiency requirements could be identified.  However, the Brazilian government believes that development cooperation is not limited to the interaction between donors and recipients; it is an exchange between similar people, which entails mutual benefits and responsibilities.  According to the government, the model for cooperation is still under construction.[40] 

The 2010 survey represents the first step towards building a policy of international cooperation that is integrated with Brazilian foreign policy goals, which is not subject to the priorities of each new administration but operates with a broader base of support that includes both the government and civil society.  Brazilian cooperation for international development seeks to contribute to the renewal movement of the development agenda in the twenty-first century, marked by the search for development models that can combine economic growth with social inclusion, and sustainability with national prosperity and global stability.[41]

6.  Policy Considerations

According to the survey, in an increasingly interdependent world, peace, prosperity, and human dignity do not depend only on actions at the national level and for Brazil, international development cooperation is a key element for the establishment of a more just and peaceful international order.[42]

To this end, Brazil makes use of solutions created and developed internally on topics such as agriculture, education, and public safety to support countries with similar difficulties in overcoming their obstacles to development.  Cooperation may be in the form of individual actions, such as donations of food and medicine to victims of natural disasters; technical cooperation projects; granting scholarships to foreign students; or contributions to international organizations.  Regardless of the form, the principle of non-indifference inspires and drives Brazilian cooperation for international development.[43]

Balancing respect for sovereignty and the defense of self-determination, which are traditional characteristics of Brazilian diplomacy, Brazil has been developing its own way of cooperating with developing nations and, as previously mentioned, does not impose any conditions or immediate political goals on its international cooperation.[44] 

Brazilian cooperation is specialized because it has the commitment of public agencies and entities, universities, and civil society organizations.  It is also participatory, as it includes the partner countries from the negotiation phase, which adapt and contextualize actions to the local reality.[45]

B.  Regulation of Private Contributions

Brazilian laws regarding private aid deals, essentially, with domestic related contributions.  No limits on donors or recipients, or tax incentives to encourage private donations for foreign aid, have been identified. 

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III.  Foreign Aid Appropriations Process

One of the main components of Brazilian foreign policy is the commitment to contribute to the promotion of global development, with an emphasis on Latin America, Africa, and Asia.[46] Brazil does not prioritize specific segments resulting from unilateral interests[47] and, as a result, the Brazilian agenda of international cooperation for development is advanced through interchange mechanisms, including bilateral, regional, or multilateral agreements.[48] 

A.  Bilateral Agreements

At the bilateral level, Brazil has partnered with more than seventy countries.[49]  One example is the Ministry of Health, which has established several bilateral agreements with developing nations related to technical cooperation.[50]  According to the Ministry, the cooperation between Brazil and other developing countries, called South-South Cooperation (Cooperação Sul-Sul) in the field of health is based on certain principles that guide the management of the Brazilian public health, which include among others health as a universal right and duty of the State, equal treatment, full medical service, universality of coverage of public health services, social participation and control, and the availability of cost-free services.[51] 

The Ministry of Health has also determined that the principles governing cooperation in the field of health care include cooperation among peoples for the progress of humanity; respect for national sovereignty, economic independence, equal rights, and non-intervention in the domestic affairs of the nations; a horizontal approach to cooperation; respect for cultural diversity; and sustainability of actions.[52]

Aligned with these principles, Brazilian international technical cooperation for developing countries is guided by the successful experiences of certain cooperation projects that were previously developed and identified as a “model” for future cooperation projects.[53] 

The International Advisory Board of the Ministry of Health (Assessorial Internacional do Ministério da Saúde) invests in the development of infrastructure projects and pilot initiatives such as the Malaria Project in Sao Tome and Principe, South-South Network (Laços Sul-Sul), a Project in Ghana dealing with sickle-cell disease, and Milk Bank Projects.[54]

The Malaria Project in Sao Tome and Principe is triangulated with the United States Agency for International Development (USAID) and is co-financed by the Brazilian Agency for Cooperation (Agência Brasileira de Cooperação – ABC).  It aims to develop and strengthen the Epidemiological Surveillance System on Malaria (Sistema de Vigilância Epidemiológica em Malária) in order to improve the control of malaria cases and enhance knowledge for the implementation of an integrated and selective control of vectors with the goal of decreasing the incidence of malaria in the population.[55]  In regard to resources for this project, ABC will contribute a total of about US$600,000 and the Ministry of Health about US$36,000.[56]

The South-South Network supports actions to prevent and control HIV/AIDS.  Its main goal is to increase the number of health professionals trained in clinical management of antiretroviral drugs and implement or strengthen universal treatment in member countries of the Community of Portuguese Language Countries (Comunidade dos Países de Língua Portuguesa - CPLP) and in Latin America.[57]

Today, eight countries are part of the network: Brazil, Cape Verde, Guinea Bissau, Sao Tome and Principe, East Timor, Nicaragua, Paraguay and Bolivia.  The initiative provides information exchange and joint development of strategies and action plans for coping with, treating, and providing care for HIV/AIDS, and for promoting solidarity among developing countries, through a model of horizontal cooperation.[58]  The Ministry of Health provides free antiretroviral treatments produced nationally and promotes training activities for health professionals, with an emphasis on the logistics of drugs and clinical management.[59]

Through the project Support to the Structuring of the National System for Complete Attention to People with Sickle Cell Disease in Ghana (Apoio à Estruturação do Sistema Nacional de Atenção Integral à Pessoa com Doença Falciforme de Gana), Brazil is committed to creating a center of excellence in the fight against sickle cell disease in Ghana, which will also serve as a center for training technicians from Ghana and other countries of the region regarding the identification and treatment of people living with sickle cell disease.[60]  No information regarding project resources is available.

The commitment of the Ministry of Health in the Milk Bank Project is to expand and strengthen the actions of cooperation between Brazil and developing countries in terms of human milk banks.[61]  Currently, twenty-one projects are being negotiated and executed in twenty-one different countries; these projects aim to establish and implement milk banks at hospitals and maternity facilities with the ultimate goal of reducing malnutrition and infant mortality.[62]  No information regarding project resources is available.

B. Regional Agreements

Regionally, Brazil is engaged in activities with the Union of South American Nations (União das Nações Sul Americans – UNASUL), the Southern Common Market (Mercado Comum do Sul – Mercosul), the Latin American and Caribbean Economic System (Sistema Econômico Latino-Americano e do Caribe – SELA), the Latin American Integration Association (Associação Latino-Americana de Integração – ALADI) and the Organization of American States (Organização dos Estados Americanos – OAS).[63]

C.  Intergovernmental Mechanisms

In terms of intergovernmental mechanisms, Brazil is actively involved in forums such as the Community of Portuguese Language Countries (Comunidade dos Países de Língua Portuguesa – CPLP) and the Ibero-American General Secretariat (Secretaria-Geral Ibero-Americana – SEGIB).[64] 

D.  Multilateral Cooperation

With regard to multilateral cooperation, Brazil provides financial assistance to international organizations and supports the establishment of trilateral operations that involve the development of institutional, scientific, technological and human capacities.[65]

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Prepared by Eduardo Soares
Senior Foreign Law Specialist
September 2011

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Last Updated: 12/30/2020