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Decree No. 7,769, Of 28 June 2012

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

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DECREE N °- 7,769, DE June 28, 2012

Disposes on the management of the schedule, from construction and launch of the Strategic Geoestational Satellite and Strategic Communications-SGDC.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, caput, inciso VI, paragraph "a", of the Constitution,

D E C R E T A:

Art. 1 ° The management of planning, monitoring, construction, launch of the Geostationary Satellite of Defense and Strategic Communications-SGDC, and the deployment of its soil infrastructure will be carried out under this Decree.

Single Paragraph. The SGDC is expected to be deployed by December 31, 2014.

Art. 2 ° The management of which treats art. 1 ° will be carried out by the following organs:

I-Director Committee of the Project: directive organ and maximum decision-making instance of the SGDC Project ; and

II-Grupo-Executive: technical body-advisory and executor of the Director Committee's guidelines and decisions of the Project.

Art. 3 ° The Project Director Committee shall consist of a titular representative and an alternate of each of the following organs:

I-Ministry of Communications ;

II-Ministry of Defence ; and

III-Ministry of Science, Technology and Innovation.

§ 1 The representatives and supplier of the organs, preferably occupiers of office of Secretary of Ministry, will be appointed by act of the Minister of State for Communications, after appointment of the organs holders.

§ 2 The Chair of the Project Director Committee shall be exercised by the representative of the Ministry of Communications.

Art. 4 ° Compete to the Project Director Committee:

I-approve, on the basis of the information provided by the Group-Executive:

a) the technical requirements of the SGDC project, its eventual adjustments and changes ;

b) the schedule, budget, and deployment schedule of the SGDC project ;

c) the minutes of the terms of reference for the hiring, acquisition, launch and operation of the SGDC ; and

d) the technology absorption and transfer plan of which it treats art. 10 ;

II-monitor and evaluate the implementation of the SGDC project throughout its phases, determining the necessary adjustments ;

III-supervise the repass of financial resources intended for the deployment of the SGDC project ; and

IV-establish the guidelines for the performance and participation of the administration's organs and entities direct and indirect federal public in the SGDC Project.

Single Paragraph. The Chair of the Project Director Committee will be able to invite federal public administration bodies and entities to collaborate with the activities regarding the SGDC project.

Art. 5 ° The Executive Grub shall be composed of a titular representative and an alternate of the following organs and entities:

I-Ministry of Defence ;

II-Ministry of Communications ;

III-Brazilian Telecommunications S.A. -TELEBRÁS ;

IV-Brazilian Space Agency-AEB ; and

V-National Institute of Spatial Research-INPE.

§ 1 The representatives will be appointed by the Chairman of the Project Director Committee, after referral of the organs and entities.

§ 2 The operating standards of the Executive Grub shall be established in act of the Director Committee of the Project.

§ 3 The Group-Executive will be able to institute specific working groups for the fulfilment of its goals.

§ 4 The Chair of the Executive Grub shall be exercised by the representative of TELEBRÁS.

Art. 6 ° Compete to the Executive Grupo-Executive:

I-propose for approval of the Project Director Committee:

a) the technical requirements of the SGDC and its modifications or derogations that have relevant impact on costs, schedule or system performance ; and

b) the planning, budget, and deployment schedule of the SGDC and the ground infrastructure associated ;

II-refer to TELEBRÁS term of reference for the hiring of the company that will be responsible by the acquisition, launch and operation of SGDC ;

III-monitor the physical-financial execution of the SGDC project ; and

IV-present to the Director Committee of the Project quarterly monitoring and evaluation reports on the implementation of the SGDC project to the Project Director Committee.

Art. 7 ° Participation in the Project Director Committee and the Executive Grub will be considered to be relevant, unpaid public service provision.

§ 1 The costs arising from participation in the Project Director Committee will be arched by the organ of each representative.

§ 2 The AEB will make available the necessary infrastructure and support for the operation of the Grupo-Executive.

Art. 8 TELEBRÁS will be able to hire with third parties the supply of goods, services and engineering works necessary for the construction, integration and launch of the SGDC and the transport of telecommunications signals as well as from the ground segment correspondent.

§ 1 The hiring referred to in the caput should consider the guidelines proposed by the Grub-Executive and approved by the Project Director Committee.

§ 2 ° During the execution of the contract, the Executive Group will carry out monitoring and evaluation of the project execution.

Art. 9 ° A TELEBRÁS and the Ministry of Defence will be responsible for managing the operation of the SGDC after its launch.

Art. 10. The TELEBRÁS and the AEB will draw up joint absorption and technology transfer plan, which will be evaluated by the Group-Executive and submitted to the approval of the Project Director Committee.

§ 1 The AEB will be responsible for the coordination, monitoring and evaluation of the results of the uptake and transfer of technology.

§ 2 The AEB shall be holder of the intellectual property rights arising from the process of transfer of technology.

Art. 11. The members of the Director Committee of the Project and the Executive Grub will be assigned within fifteen days, counted from the date of publication of this Decree.

Art. 12. This Decree shall enter into force on the date of its publication.

Brasilia, June 28, 2012 ; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Celso Luiz Nunes Amorim

Paulo Bernardo Silva

Luiz Antônio Rodrigues Elias