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Decree No. 4240, 21 May 2002

Original Language Title: Decreto nº 4.240, de 21 de Maio de 2002

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DECREE NO 4,240, DE May 21, 2002

Promulga the Agreement for Mutual Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay to Combat the Traffic of Aircraft Involved in Transnational Illicit Activities, concluded in Brasilia, in February 10, 2000.

THE PRESIDENT OF THE FEDERAL TRIBUNAL TRIBUNAL, in the exercise of the post of CHAIRMAN OF THE REPUBLIC, using the attribution conferring you the art. 84, inciso VIII, of the Constitution,

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay concluded, in Brasilia on February 10, 2000, a Mutual Cooperation Agreement to Combat the Traffic of Aircraft involved in Transnational Illicit Activities ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 31 of March 25, 2002 ;

Considering that the Agreement entered into force on April 16, 2002 ;

D E C R E T A:

Art. 1º The Agreement for Mutual Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay to Combat the Traffic of Aircraft Involved in Transnational Illicit Activities, concluded in Brasília, on February 10, 2000, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of the art. 49, inciso I, of the Federal Constitution, carries charges or engraved commitments to national heritage.

Art. 3º This Decree goes into effect on the date of its publication.

Brasilia, May 21, 2002 ; 181º of Independence and 114º of the Republic.

MARCO AURÉLIO MELLO

Osmar Chohfi

Agreement for Mutual Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay to Combat the Traffic of Aircraft Involved in Transnational Illicit Activities

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Paraguay,

(henceforth named the "Parties")

Convinced that the traffic of aircraft involved in transnational illicit activities constitutes a problem that affects the communities of both countries ;

Recognizing that tackling the problem must be carried out through coordinated activities in a joint manner ;

Interested to foster mutual collaboration in this sense,

Wake up the following:

Article I

1. The Parties undertake to make joint efforts to coibiate aircraft traffic engaged in transnational illicit activities, by entering or evolving in the respective national air spaces. The Parties shall exchange relevant information for the purpose above, with a view to increasing the effectiveness and broadening the scope of bilateral cooperation. Such cooperation, which shall be governed by this Agreement, shall be able to understand the following activities on the part of both signatory Governments:

a) exchange of information for the achievement of the objectives of this Agreement ;

b) specialized technical or operational training ;

c) provision of equipment or human resources to be employed in specific programs in the mentioned area ; and

d) mutual technical assistance.

2. The material, financial and human resources necessary for the implementation of specific programmes by virtue of this Agreement will be, where relevant and in each case, defined by the Parties through Complementary Adjustments.

Article II

In accordance with their respective internal legislations, the Parties shall take the appropriate measures to intensify:

a) the control of aircraft traffic adjoining or evolving in the respective air spaces ; and

b) the exchange of information and experiences related to the repression of the transit of aircraft involved in transnational illicit activities.

Article III

The Government of Brazil designates as coordinator of its participation in the implementation of this Agreement the Aeronautics General Staff and the Government of Paraguay designates as coordinator of their participation the Air Force General Staff Paraguay.

Article IV

1. In the development of this Agreement, the Air Forces of the Parties shall establish work programmes covering periods of 2 (two) years, and may request the participation of other national institutions. These work programs will contemplate quantifiable specific goals and goals and a timeline for performing activities when it is the case.

2. Import taxes and other tributes to which they may be subject to the materials and equipment provided under this Agreement and as a result of their implementation will be the sole responsibility of the responsible Government, which will take the appropriate measures for your release.

Article V

With a view to achieving the objectives of this Agreement and at the request of one of the Parties, representatives of the Parties shall meet periodically for:

a) evaluate the effectiveness of action programs ;

(b) to examine any questions concerning the implementation and fulfillment of this Agreement ; and

c) to submit to their respective Governments the recommendations deemed to be relevant for the better implementation of this Agreement.

Article VI

All activities arising under this Agreement shall be developed in accordance with the laws and regulations in force in each Party.

Article VII

1. Each Party shall notify the other of the fulfilment of the formalities required by the respective domestic legislation for the Agreement to enter into force. This Agreement shall enter into force on the date of receipt of the last of such notifications.

2. This Agreement shall remain in force for unlimited duration unless one of the Parties denounts it, by diplomatic means. The complaint will take effect 90 (ninety) days after the date of the respective notification.

3. Denunciation of this Agreement shall not affect the validity of any programmes previously established to denounce, which will continue to be executed until its termination.

Done in Brasília, on February 10, 2000, in two original copies, in the Portuguese and Spanish languages, both of which are equally authentic texts.

By the Government of the Federative Republic of Brazil

LUIZ FELIPE LAMPREIA

Minister of Foreign Affairs

By the Government of the Republic of Paraguay

JOSÉ FÉLIX FERNÁNDEZ STIGARRIBIA

Minister of Foreign Affairs