Provisional Measure No. 600, Of 28 December 2012

Original Language Title: Medida Provisória nº 600, de 28 de dezembro de 2012

Read the untranslated law here: https://www.global-regulation.com/law/brazil/2895338/medida-provisria-n-600%252c--de-28-de-dezembro-de-2012.html

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Provisional measure no.-600, of 28 DECEMBER 2012 amends Law nº 12409, 25 May 2011; the provisional measure no. 581, September 20 2012, which rules on the Development Fund for Midwest-FDCO; constitutes an additional source of funds for expansion of operational limits of Caixa Economica Federal; changes the laws No. 12462, of 4 August 2011, and no. 8399, of 7 January 1992; changes the provisional measure nº 12096, 24 November 2009; amends Law nº 12663, of 5 June 2012; and other matters.
The President of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 law No. 12409, 25 May 2011, with the following changes: "Art. 4th is authorised to grant Union economic subsidy to the Banco Nacional de Desenvolvimento Econômico e Social-BNDES, in the form of interest rate equalization, in financing operations contracted up to 31 December 2013 aimed at working capital and investment of business societies, cooperatives, individual entrepreneurs and individuals or legal entities characterized as rural producers, located in municipalities affected by natural disasters that have emergency situation or State of public calamity recognized by Federal executive branch, pursuant to law No. 12340, December 1, 2010, and related act published in the form of regulation.
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Art. 2nd provisional measure nº 581, 20 September 2012, with the following changes: "Art. 12........................................................................................................................................................................................................................................................... § 3 of the funds obtained by the Caixa Econômica Federal in the form of caput, until R$ 3,000,000,000.00 (three billion dollars) are intended for the financing of construction materials and consumer durables, to individuals, and, in the case of financing of goods exclusively to the public of the track I of the program my house my life-PMCMV, what is the law on 11977 July 7, 2009, and until R$ 10,000,000,000.00 (ten billion dollars) are intended to finance projects related to infrastructure. " (NR)
Art. third is authorised to grant the Credit Union Federal Savings Bank, in the amount of up to R$ 7,000,000,000.00 (seven billion dollars) in financial and contractual conditions laid down by the Minister of State of finance enabling the framework as a hybrid of capital and debt or equity element that will replace him in the formation of reference Assets, under standards set by the National Monetary Council.
(1) For the credit coverage that treats the caput, the Union may issue, in the form of a direct placement, in favor of the Caixa Econômica Federal, Federal Securities debt securities, the characteristics of which shall be established by the Minister of State for finance.
§ 2 in the case of issuance of securities, will be respected the economic equivalence with the value provided in the main clause.
(3) the remuneration to be received by the National Treasury must fit, at the discretion of the Minister of State for finance, in one of the following alternatives: I-be compatible with the long-term remuneration rate;
II-be compatible with its cost of funding; or III-have variable compensation.
Art. 4 the law nº 12462, of 4 August 2011, with the following changes: "Art. 63. Is established the National Fund for Civil Aviation (FNAC), accounting and financial nature, linked to the Civil Aviation Department of the Presidency of the Republic, for allocation of resources of the civil aviation system.
§ 1º ..............................................................................................................................
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IV-the income from their investments;
V-those who are assigned for the purposes of art. 63; and I've seen others that you are assigned.
.................................................................................................................................... paragraph 6 the capabilities of FNAC, while not intended for the purposes provided for in art. 63-A, will be deposited in the National Treasury single account.
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Art. 5 law No. 12462, of 4 August 2011, apply the following article: "Art. 63-a. FNAC resources earmarked for modernisation, construction, extension or renovation of public airfields can be managed and administered by Banco do Brazil S.A., directly or through its subsidiaries, as defined in Act of Civil Aviation Department of the Presidency of the Republic.
(1) For the achievement of the objectives referred to in the caput, Banco do Brazil S.A., directly or through its subsidiaries, will hold bidding procedure and can name himself or others, purchase goods and contract works and engineering services, and any other specialized technical services.
(2) for the purposes specified in paragraph 1 may be used the scheme differentiated from Public Contracts-DRC.
(3) the resources referred to in the caput may be transferred to the Banco do Brazil S.A. in the form defined in regulation.
§ 4 The daily balances of cash and cash equivalents relating to resources transferred in accordance with paragraph 3 shall be applied in the form defined in regulation.
§ 5 Act set the Ministers of finance and the Ministry of Civil Aviation of the Presidency of the Republic shall determine the remuneration of the institution for the services provided in this article. " (NR)
Art. 6th law No. 8399, of 7 January 1992, with the following changes: "Art. 1º ......................................................................................................................
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II-25.24% (twenty-five integers and twenty-four hundredths for 100), intended for use in airports and aerodromes of regional or State interests.
................................................................................................................................. (2) the portion of 25.24% (twenty-five integers and twenty-four hundredths for 100) specified in item II of the caput shall constitute the financial support of the Federal program of aid to airports-PROFAA.
paragraph 3 May be granted the resources in §2 aerodromes stakeholders regionally or statewide are object of specific agreement signed between the State Government and the Civil Aviation Department of the Presidency of the Republic.
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Art. 7 Is the Union allowed to cede to outside the Banco Nacional de Desenvolvimento Econômico e Social-BNDES, and its subsidiaries, credit rights held by the Treasury against the Itaipu Binacional.
§ 1 the payment due by the BNDES by assignment of the caput may be effective in public federal securities debt securities or shares of corporations, except the members of institutions belonging to the national financial System, respected the economic equivalence of the operation, the adjustment of any difference paid in currency by BNDES to the Union.
(2) the operation must be formalized by means of a contractual instrument to be signed by the parties.
paragraph 3 Is the Union authorized to allocate, to the energy development account-CDE, in whole or in part, the financial resources from the transfer for valuable consideration of the caput.
paragraph 4 Is the Union authorized to enter into contracts with BNDES for the purpose of excluding the effects of Exchange variation credit rights incidents referred to in the caput.
Art. 8 the law nº 12096, 24 November 2009, with the following changes: "Art. 1º ........................................................................................................................
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§ 11. Is the Union allowed to subsidize, in the manner and within the limits laid out in this article, financing operations contracted by other financial institutions that were subject of reimbursement by the BNDES, since such operations: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... § 12. Means how to refund the refund by the BNDES to financial institutions of the values for the resource releases by they carried out the operations contemplated in § 11. " (NR)
Art. 9 Law No. 12663, of 5 June 2012, with the following changes: "Art. 55. ....................................................................................................................

................................................................................................................................. §1 Observed the caput, the Union, through the federal direct or indirect public administration, you will be able to provide, through their own instrument, telecommunication services necessary for the realization of events.
§ 2 is extraneous to bid for contracting, by direct or indirect federal public administration, the TELEBRAS company controlled by it or, to deliver the services referred to in paragraph 1. " (NR)
Art. 10. Is the Union, at the discretion of the Minister of State of finance, allowed to change financial and contractual conditions of hybrid instruments of capital and debt, signed with federal financial institutions, so that these instruments can adapt to standards set by the National Monetary Council.
Art. 11. The provisional measure no. 2,170-36, of 23 August 2001, going on to take effect the following art. 5: "Art. 5a. Are the federal public companies, except financial institutions authorised to apply their financial resources in national Treasury single account. " (NR)
Art. 12. Law No. 11314, of 3 July 2006, with the following changes: "Art. 19. Is the National Department of transport infrastructure-DNIT, in support of the permanent transfer of the domain of the federal highway network for States, contained in provisional measure no. 82, December 7 2002, authorized to use, until 31 December 2015, federal resources to execute works and conservation services, maintenance, recovery, restoration, construction, signage, supervision, preparation of studies and engineering projects as well as the common use of their tracks, including surveillance, regulation, operation, charging for the use of track and compensation for damage in the transferred.
..........................................................................................................................." (NR)
Art. 13. This provisional measure shall enter into force on the date of its publication.
Brasília, 28 December 2012; 191 of independence and 124 of the Republic.
ROUSSEFF Guido Mantega Miriam Belchior Paulo Bernardo Silva Wagner Bittencourt de Oliveira attachment (s)

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