Argentinian And Brazilian Agreements - Boundary Localities - Full Text Of The Norm

Original Language Title: CONVENIOS ACUERDO ARGENTINA Y BRASIL - LOCALIDADES FRONTERIZAS VINCULADAS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 26.523 Approve the Agreement between the Argentine Republic and the Federal Republic of Brazil on Linked Border Locations. Sanctioned: October 14 of 2009: October 27, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law

ARTICLE 1 Appropriate the agreement between the ARGENTINA REPUBLIC and the FEDERAL REPUBLIC OF BRAZIL on FRONTIZED LOCALITIES, signed in Puerto Iguazú on 30 November 2005, which consists of DOCE (12) articles and DOS (2) annexes, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DAYS OF THE OCTOBER OF THE YEAR DOS MIL NEW.

_

JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Agreed to the ARGENTINA REPUBLIC AND the FEDERAL REPUBLIC OF BRAZIL ON VINCULATE FRONTY LOCALITIES

The Argentine Republic and the Federal Republic of Brazil, henceforth the "Parts"

Bearing in mind that they agree on the willingness to create instruments that promote the further integration of border communities, seeking to improve the quality of life of their populations;

Considering that the fluidity and harmony of the relationship between such communities constitute one of the most relevant and emblematic aspects of the bilateral integration process;

Aware that the history of this relationship precedes the integration process itself, the authorities of Argentina and Brazil must proceed to its deepening and dynamization; and

In order to facilitate the coexistence of the linked border towns and promote their integration through a differentiated treatment of the inhabitants in economic, transit, labour and access to public services and education;

Acuerdan: ARTICLE I Beneficiaries and scope of application

This Agreement applies to nationals of the Parties with domicile, in accordance with the legal provisions of each State, in the areas of borders listed in Annex I, provided that they are holders of the Border Neighborhood Transit Card, which is granted on the basis of the following articles, and only when they are domiciled within the limits provided for in this Agreement.

The Parties may agree that the benefits of this Agreement may be extended to the permanent residents of other nationalities in their respective countries.

ARTICLE II Tránsito Vecinal Fronterizo Card

1. Nationals of one of the Parties, domiciled within the limits provided for by this Agreement, may request the issuance of the Border Transit Card to the competent authorities of the other. This card will be issued with the presentation of:

(a) Passport or other valid identity document provided for in Resolution GMC 75/96,

(b) Domicile in the border town of the issuing country, duly identified in Annex I to this Agreement,

(c) Certificate of accreditation of the lack of judicial, criminal and/or police records in the country of origin;

(d) Affidavit of national and international criminal or police background;

(e) Two photographs size 3 x 4; and

(f) Proof of payment of the corresponding tariffs.

2. In the Tránsito Vecinal Fronterizo card you will find your domicile within the limits provided for by this Agreement and the locations where the holder will be authorized to exercise the rights contemplated in the agreement.

3. The Tránsito Necinal Fronterizo card will be valid for 5 (five) years, being able to be extended for the same period, at the end of which it may be granted for undetermined time.

4. It may not benefit from this Agreement from any person who has suffered criminal conviction or is responding to criminal proceedings in any Party or in a third country.

5. In the case of minors, the order will be formalized by legal representation.

6. The issuance of the card is:

(a) The Argentine Republic, National Directorate of Migration,

(b) The Federal Republic of Brazil, Federal Police Department,

7. The obtaining of the card shall be of a voluntary nature and shall not replace the identity document issued by the Parties, whose submission may be required to the holder.

8. For the granting of the Tránsito Vecinal Fronterizo card, documents in Portuguese or Spanish shall also be accepted in accordance with the provisions of the Agreement for the Exemption of the Translation of Administrative Documents for the Effects of Immigration between the States Parties of MERCOSUR adopted by Decision CMC 44/00.

9. The design of the card will be established in an operating agreement between the competent enforcement authorities.

ARTICLE III Granted Rights

1. The holders of the Tránsito Vecinal Fronterizo card shall enjoy the following rights in the boundary localities of the issuing Party of the card, as defined in Annex I:

(a) Exercise of work, trade or profession in accordance with the laws for nationals of the Party in which the activity is carried out, including with regard to the requirements of vocational training and exercise, which enjoy equal labour and projectional rights and fulfil the same labour, forecast and tax obligations that emanate from them;

(b) Access to public education, free and reciprocity;

(c) Health care in public health services in conditions of free and reciprocity;

(d) Access to the border trade regime for goods or subsistence products, in accordance with the specific rules contained in Annex II; and,

(e) Any other rights that the Parties agree to grant.

ARTICLE IV Cancellation of Frontier Transit Card

1. The Border Transit Card will be cancelled at any time by the issuing authority when any of the following situations occurs:

(a) Loss of domiciled status in the boundary locality of the Party that gave it that right;

(b) Criminal conviction in either Party or third country;

(c) It is discovered that fraud or false documents have been committed for the issuance of the card;

(d) Redecidence in the attempt to exercise the rights provided for in this Agreement outside the boundary localities of Annex I; and

(e) Condemns for customs offences, in accordance with the regulations of the Party where the offence occurred.

2. The cancellation of the Tránsito Necinal Fronterizo card will entail its immediate confiscation by the competent authority.

3. The Parties may agree on other grounds for the cancellation of the Border Transit Card.

4. Once the cause of cancellation is extinguished in the case provided for in the verbatim (a), and, in the cases contemplated in the verbatim (d) and (e), after a period exceeding one year, the issuing authority may, at the request of the interested party, consider the issuance of the new Border Transit Card.

ARTICLE V Circulation of Automotive Vehicles of Particular Use

1. The beneficiaries of the Border Neighborhood Transit Card may also require the competent authorities to have their particular-purpose motor vehicles identified, indicating that this is a vehicle owned by a card holder. In order for special identification to be granted, the vehicle must have a insurance policy that has coverage in the linked border locations.

2. Automotive vehicles identified in the terms of the previous numeral may circulate freely within the boundary locality of the other Party, without conferring the right to the vehicle to remain definitively in the territory of the Party, violating its customs legislation.

3. The rules and regulations of the country where the vehicle is transiting, and the characteristics of the vehicle, are applied in terms of the circulation of the vehicle. The transit authorities will exchange information on the characteristics referred to.

ARTICLE VI Transports within linked border towns

1. The parties undertake, in common agreement, to simplify the existing regulations on the transport of goods and the public and private transport of passengers when the origin and destination of the operation are within the limits of linked border towns identified in Annex I to this Agreement.

2. The transport operations of goods described in the preceding paragraph, carried out in light commercial vehicles, are exempt from the additional authorizations and requirements described in Article 23 and 24 of the Agreement on International Terrestrial Transport.

3. The Parties undertake, in common agreement, to modify the regulations governing the transport of goods and public and private transport of passengers, as described in paragraph 1 of this Article in such a way as to reflect the urban characteristics of such operations.

ARTICLE VII Areas of Cooperation

1. Public institutions responsible for the prevention and combat of diseases, as well as for the epidemiological and health surveillance of the Parties, should collaborate with their counterparts in the border towns linked to the realization of joint work in these areas. This work shall be done in accordance with the harmonized rules and procedures between the Parties or, in their absence, with the respective national legislations.

2. The Parties shall promote cooperation in educational matters between the boundary localities, including the exchange of teachers, pupils and educational materials. The teaching of the subjects of History and Geography will be carried out with a regional and integrative perspective. In teaching Geography, efforts will be made to highlight the common aspects, rather than the political and administrative limits. The teaching of history will seek to highlight the positive facts that historically united peoples across the borders, promoting a vision of the neighbor as part of a community.

ARTICLE VIII Joint Urban Development Plan

1. The Parties shall promote in agreement the development and implementation of a "Joint Urban Development Plan" in the boundary localities where possible or appropriate.

2. The "Joint Urban Development Plan" of each of the linked border towns will have as its main objectives:

a. The rational integration of both cities, so as to configure a single conurbation in terms of infrastructure, services and equipment.

b. Planning your expansion.

c. The conservation and recovery of their natural spaces and areas of public use, with special emphasis on preserving and/or recovering the environment;

d. Strengthening your image and your common cultural identity.

ARTICLE IX

1. This Agreement does not restrict rights and obligations established by other existing Agreements between the Parties.

2. This Agreement does not affect the application, in the localities covered by it, of other agreements in force between the Parties that favour further integration.

3. This Agreement shall apply only to the boundary localities expressly provided for in Annex I.

ARTICLE X List of Linked Border Locations and Suspension of the Implementation of the Agreement

1. The list of boundary localities, for the implementation of this Agreement, is contained in Annex I, which may be extended or reduced by exchange of notes. The extensions or reductions will come into effect from the ninety (90) days of exchange of the corresponding diplomatic notes.

2. Each Party may, in its view, temporarily suspend the application of this Agreement in any of the locations set out in Annex I, informing the other Party in advance of thirty (30) days. The suspension may also refer temporarily to any of the provisions of Article III of this Agreement.

3. Derogations from the implementation of this Agreement provided for in the preceding paragraph shall not prejudice the validity of the cards of the Tránsito Vecinal Fronterizo already issued or the exercise of the rights for them acquired.

ARTICLE XI Stimulus to Integration

1. The Parties shall be tolerant of the use of the language of the beneficiary of this Agreement, when they are directed to public distributions to request the benefits derived from this Agreement.

2. The Parties shall not require legalization or consular intervention or translation of the documents necessary for obtaining the Tránsito Necinal Frontierizo card, or for the identification of the vehicles provided for in Article V.

3. The Parties shall monitor the progress and difficulties encountered in implementing this Agreement through the existing Boundary Committees. To this end, they will also encourage the establishment of Border Committees in the border areas where they did not exist.

ARTICLE XII

1. This Agreement shall enter into force from the thirty days of the date of the last note by which the Parties communicate the compliance of the domestic legal formalities for their entry into force.

2. Annexes I and II are an integral part of this Agreement.

HECHO in the city of Puerto Iguazú, Republic of Argentina, at 30 days of the month of November of two thousand five, in two original copies in the Spanish and Portuguese languages, being both equally authentic texts.

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Annex I

VINCULATE FRONTY LOCALITIES

- Puerto Iguazú - Foz do Iguaçú

- Andresito - Capanema

- Bernardo de Irigoyen - Dionisio Cerqueira / Barracão

- Alba Posse - Porto Mauá

- San Javier - Porto Xavier

- Sao Tome - São Borja

- Alvear - Itaquí

- Paso de los Libres - Uruguayan

- Monte Caseros - Barra do Quaraí

ANNEX II ANNEX TO THE AGREEMENT ON VINCULATE FRONTIONAL LOCALITIES RELATING TO THE VECINAL TRAFFIC OF MERCADERIES FOR SUBSISTANCE OF FRONTERIZED POPULATIONS: Article 1- Persons defined in article I of this Agreement are beneficiaries of the regime established by this annex. Article 2- It is understood by goods or products of subsistence to the articles of food, hygiene and personal cosmetics, cleaning and domestic use, piece of clothing, footwear, books, magazines and newspapers intended for the use and consumption of the family unit, provided that they do not reveal, for their type, volume or quantity, commercial destination. Article 3- At the discretion of each importing State Party, other types of goods may be included in the list of products liable to the treatment of subsistence trade.

Article 4- The entry and departure of goods or subsistence products shall not be subject to registration of import and export declaration, and must, in order to facilitate customs control and control, be accompanied by tax documents issued by regular establishments of the border town, containing the number of the border Transit Card.

Article 5- On the subsistence goods subject to this regime shall not incite the customs duties of import and export. Article 6- The goods subject to this simplified procedure, and acquired by the beneficiary of the neighbouring country, will be considered national or nationalized in the country of the acquirer. Article 7- Goods or products whose entry or departure from the territory of each Party are prohibited are excluded from this regime.

Article 8- Subsistence products that receive the simplified treatment provided for in this Annex shall be driven or accompanied by the acquirer himself. Article 9- To the beneficiaries of this regime, in respect of acquisitions in border locations, the tax treatment of baggage established by decision CMC No. 18/94 shall not be applied.

Article 10- Persons who violate the requirements and conditions established for the simplified procedure regulated by this Annex shall be subject to the application of the penalties provided for in the State party ' s legislation where the offence occurred. Article 11- This regime, which simplifies customs procedures, will not prevent the performance of non-custodial control bodies, which must be carried out in accordance with the spirit of cooperation of Article VII of this Agreement. Article 12- Parties may agree on specific schemes for the subject matter of Article 11 for certain boundary localities.