ALERTINTERNATIONAL

Issue 26 - January 2008

A NEW ERABEGINS FORTHE BRAZILIANREINSURANCEMARKETPLACEAfter Brazil enacted the law establishing thegeneral rules of the new reinsurance market inDecember 2006 (see Willis’ January 2007International Alert), local market officials wereaware that further amendments and clarificationswould be required. The local authority for insuranceand reinsurance, Superintendência de SegurosPrivados (SUSEP), presented suggestions to theNational Council for Private Insurers CNSP, whichincorporated these in creating the final rules.

On 17December 2007, CNSP issued the final rules and regulations,to come into effect 120 days from their publication.

Three categories of reinsurers will be recognized in the newreinsurancemarket.

• LOCAL REINSURER – A reinsurer domiciled inBrazil, organized as a stock company toexclusively carry out reinsurance andretrocession transactions

• ADMITTED REINSURER – A reinsurer domiciledin a foreign country, with a representative officein Brazil

• EVENTUAL REINSURER – A reinsurer domiciled in a foreigncountry with no representative office in Brazil (previously calledoccasional reinsurers)

CONTACTSFor further details on the opening of theBrazilianmarket or a copy of the completeregulations, please contact:

Anthony HarveyWillis Corretores de Seguros LtdaTel: + 55 11 2161 6010Fax: + 55 11 5181 9377harveyaw@willis.com

Alison SpoonerWillis Consultoria emResseguros LtdaTel: + 55 21 2122 6790Fax: + 55 21 2517 3141spoonera@willis.com

Local reinsurers, which include the formergovernment reinsurancemonopoly, IRB BrasilResseguros SA (IRB), will have preferenceover companies in the two other categories. Allinsurers will have to offer to reinsure at least60% of their reinsurable business with localreinsurers. This limit will fall to 40% afterthree years.

If the local reinsurers decline 60% of thebusiness or a part, the insurers can look to twoother categories of reinsurers, admitted andeventual.

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LOCALREINSURERSReinsurers wanting to register as local reinsurersmust:• Have a fixed local base capital in Brazil above R$60million

(approximately US$33million)• Comply with local reporting and claims reserving rules issued by

the CNSP

Local reinsurers will compete on the same grounds as the IRB for thepreferential 60% of the Brazilian reinsurable business. Theywill notbe permitted to workwith non-reinsurance products andwill haveto exclusively explore reinsurance. Theywill also not be allowed towrite direct business. IRBwill have 180 days from publication of thefinal rules to adapt to the new reserve and reporting requirements.

ADMITTEDREINSURERSReinsurers wanting to register as admitted reinsurersmust:• Open up a representative office in Brazil• Be allowed to reinsure business andmust have been compliant

with regulations in its country of origin for at least fiveconsecutive years

• Haveminimum global net assets of US$100million• Achieveminimum ratings according to the chart below

Rating Agency Minimum RatingRequired

Standard & Poors BBB-Fitch BBB-Moody´s Baa3AM Best B+

• Set up a local bank account linked to SUSEPwith aminimumdeposit of US$1million for Life reinsurance andUS$5millionfor all other lines

• Maintain financial collateral in Brazil to back up reserves linkedto premium income and claims (the higher the rating of theadmitted reinsurer, the lower the local reserves required)

Lloyd’s of Londonwill be able to register as a single admittedreinsurer, with access granted to any syndicate willing to reinsurebusiness in Brazil.

EVENTUALREINSURERSReinsurers wishing to register as eventualreinsurersmust:• Be allowed to reinsure business andmust

have been compliant with regulations inits country of origin for at least fiveconsecutive years

• Haveminimum global net assets ofUS$150million.

• Achieveminimum ratings according to thechart below

Rating Agency Minimum RatingRequired

Standard & Poors BBBFitch BBBMoody´s Baa2AM Best B++

• Not have its head office located in a taxhaven nor in any country that is subject toless than 20% income tax

• Appoint a power of attorney in Brazil

HOW WILL THEMARKETPLACEWORK?To do business in Brazil, reinsurersmustregister as local, admitted or eventualreinsurers, and they are now starting (orshould be) this process with the authorities.Currently, IRB is the only local reinsurer; it isas yet unknownwhich other companies willregister as local reinsurers. Once SUSEP issuesthe list of reinsurers accepted under each ofthe three categories and the 120-day waitingperiod has lapsed, insurers can obtain fullreinsurance terms from any of the local,admitted or eventual reinsurers. These termswill then need to be offered to one ormore

THE IMPACT ONMULTINATIONALSOPERATING IN BRAZILFor small andmedium-sized operations, most of themultinationalinsurers operating in Brazil will likely have treaty reinsurance inplace with local, admitted and/or eventual reinsurers. As a result,neithermuch premiumnormany risks should be ceded to globalprograms. Looking formore involvement, global treaty reinsurersare likely to compete with the localmarkets, generating pricereductions.

For large operations in Brazil, the quote for the Brazilian exposureunder the global program can be used as a facultative quote. Thequotemust be offered to local reinsurers, whowill decide if they willtake a share or not. If one local reinsurer declines or only partiallyaccepts, then the riskmust be offered to the other local reinsurers. Ifthe local reinsurers decline all or part of the 60% thatmust beoffered locally, then the risk can be placed freely with admitted andeventual reinsurers. If a local reinsurer accepts, it must follow theterms and conditions offered. This, in our view, will have a positiveimpact in pricing and in terms and conditions in the local policies.

The regulations issued in December also state that in the newsystem, premiums and claimswill have to be settled in Brazil througheither reinsurance brokers or reinsurers.

Willis holds leading positions in both retail and reinsuranceoperations in Brazil and, through our technical and highly qualifiedspecialists and knowledge of the Brazilian and internationalmarkets,we are fully prepared to assist clients wanting to take advantage ofthese changes.

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local reinsurers whowill decide whether they will exert their right toreinsure up to 60% of the risk (facultative or treaty) at the sameterms and conditions offered, or will decline to reinsure them and letthe internationalmarkets (either admitted or eventual) write it infull. Life and pensions reinsurance are to be exclusively placedwithlocal reinsurers. Insurance companies and local reinsurers cannotcede in reinsurance or retrocessionmore than 50% of issuedpremiums in any one year. This however, does not include:• Bonds• Export credit insurance• Agricultural insurance• Internal credit insurance

SUSEP can authorize larger cessions under certain circumstances.