Decree No. 7,769, Of 28 June 2012

Original Language Title: Decreto nº 7.769, de 28 de Junho de 2012

Read the untranslated law here: https://www.global-regulation.com/law/brazil/2895225/decreto-n-7.769%252c-de-28-de-junho-de-2012.html

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DECREE N°-7,769, of 28 JUNE 2012 rules on the management of the planning, the construction and the launch of geostationary satellite and defence strategic communications-SGDC.
The President of the REPUBLIC, in the use of the role that gives the art. 84, caput, item VI, subparagraph a, of the Constitution, D and C R E T a: Art. 1° the management of planning, monitoring, construction, launch of geostationary satellite and defence strategic communications-SGDC, and deploying your ground infrastructure will be performed under this Decree.
Sole paragraph. The SGDC should be deployed until 31 December 2014.
Art. 2° the management contemplated in art. 1° shall be carried out by the following organs: I-Project Steering Committee: steering organ and decision-making instance SGDC design maximum; and II-Executive Group: technical advisory body and executor of the guidelines and decisions of the Steering Committee of the project.
Art. 3° the project Steering Committee will be composed of one representative and one alternate from each of the following bodies: I-Ministry of communications;
II-Ministry of defence; and III-Ministry of science, technology and innovation.
§ 1° the representatives and alternates of the organs, preferably occupants of Office of Secretary of State, shall be appointed by the Minister of State for communications, after indication of the holders of the organs.
§ 2° the President of the project Steering Committee will be chaired by the representative of the Ministry of communications.
Art. 4° the duties and responsibilities of the Steering Committee of the project: I-approve, on the basis of the information provided by the Executive Group: a) the technical requirements of the project, their possible settings and SGDC changes;
b) planning, the budget and the schedule of deployment of SGDC project;
c) the minutes of the terms of reference for the recruitment, acquisition, launch and operation of the SGDC; and (d)) the absorption plan and transfer of technology referred to in art. 10;
II-to monitor and evaluate the implementation of the project of SGDC throughout every stage, determining the necessary adjustments;
III-to supervise the transfer of financial resources for the implementation of the project of SGDC; and IV-establish guidelines for the activities and participation of the agencies and entities of the federal public administration direct and indirect SGDC project.
Sole paragraph. The Chairman of the Steering Committee of the project may invite agencies and entities of the federal public administration to collaborate with the activities regarding SGDC project.
Art. 5° the Executive Group will be composed of one representative and one alternate holder of the following organs and entities: (I)-Ministry of defence;
II-Ministry of communications;
III-Telecomunicações Brasileiras S.A.-TELEBRÁS;
IV-Brazilian Space Agency-AEB; and V-National Institute for space research-INPE.
§ 1° the representatives shall be appointed by the Chairman of the Steering Committee of the project, after an indication of the bodies and entities.
§ 2° The operational procedures of the Executive Group will be established in Act of the Steering Committee of the project.
§ 3° the Executive Group can set up specific working groups for the fulfilment of its objectives.
§ 4° the President of the Executive Group will be chaired by the representative of the Brazilian capital Brasilia.
Art. 6° the Executive Group: I-propose for approval of the Steering Committee of the project: a) the technical requirements of SGDC and their modifications or waivers that have relevant impact on cost, schedule or system performance; and (b)) the planning, the budget and the schedule of deployment of ground infrastructure and SGDC associated;
II-forward to TELEBRAS term of reference for the recruitment of the company which will be responsible for acquisition, launch and operation of the SGDC;
III. monitoring the implementation of the project's financial physical SGDC; and IV-report to Steering Committee of the project quarterly monitoring and evaluation reports on the implementation of the project to the Executive Committee of the SGDC project.
Art. 7° participation in the Steering Committee of the project and the Executive Group will be considered provision of relevant, unpaid public service.
§ 1° costs arising from participation in the Steering Committee of the project will be borne by each representative.
§ 2° the AEB will provide the infrastructure and support required for the functioning of the Executive Group.
Art. 8° the TELEBRAS may contract with third parties providing goods, services and engineering works required for the construction, integration and launch of SGDC and transport telecommunications signals, as well as the corresponding ground segment.
§ 1° the employment referred to in the caput must consider the guidelines proposed by the Executive Group and approved by the Steering Committee of the project.
§ 2° during the execution of the contract, the Executive Group will carry out monitoring and evaluation of the implementation of the project.
Art. 9° the TELEBRAS and the Defense Ministry will be responsible for managing the operation of SGDC after your launch.
Art. 10. The TELEBRAS and AEB shall draw up joint plan of absorption and transfer of technology, which will be assessed by the Executive Group and submitted to the approval of the Steering Committee of the project.
§ 1° the AEB will be responsible for the coordination, monitoring and evaluation of the results of the plan of absorption and transfer of technology.
§ 2° the AEB will be holder of intellectual property rights arising from the process of technology transfer.
Art. 11. the members of the Steering Committee of the project and the Executive Group shall be appointed within 15 days, counted of the date of publication of this Decree.
Art. 12. This Decree shall enter into force on the date of your publication.
Brasília, 28 June 2012; 191 of independence and 124 of the Republic.
Celso Luiz Nunes Amorim ROUSSEFF Paulo Bernardo Silva Luiz Antonio Rodrigues Elias