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Provisional Measure No. 9, Of 31 October 2001

Original Language Title: Medida Provisória nº 9, de 31 de Outubro de 2001

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PROVISIONAL MEASURE # 9, OF October 31, 2001

Provides on the elongation of debts originating in rural credit, of which it treats Law No. 9,138 of November 29, 1995, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the office of President of the Republic, using the attribution that confers him on art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Stay authorized, for the operations of which it treats § 5º of the art. 5º of Law No. 9,138 of November 29, 1995:

I-extension of the due allowance due on October 31, 2001 to November 30, 2001, increased interest paced from three per cent to the pro rata die year ;

II-minimum payment of thirty-two comma five per cent of the value referred to in inciso I until November 30, 2001, maintained the adimation bonus provided for in the incisos I and V, point?d?, of § 5º of the art. 5º of Law No. 9,138, 1995.

§ 1º For adherence to the conditions provided for in this article, borrowers should be adjoining with their obligations or regularise them by November 30, 2001.

§ 2º The financial debtor balance of the transactions of which this article is concerned will be ascertained by the multiplication of the debtor balance of the units of products linked by the respective minimum prices in force, discounting the share of interest from three per cent a year incorporated into the remaining parcels.

§ 3º About the financial debtor balance, ascertained in the manner provided for in § 1º of this article, will focus interest of three per cent per year, plus the change in the minimum price of the linked product unit.

§ 4º The subsequent instalments to maturity provided for in inciso I will be calculated always in equal and successive instalments, in freely paced months between borrowers and creditors, on the last day of each month, with maturity by the less than once a year, with the date of the first instalment expected to be up to October 31, 2002 and the last until October 31, 2025.

§ 5º The repackage may provide for dispensation of the addition of the change in the minimum price stipulated contractually whenever payments occur on the dates affixed, unless the debtor chooses to pay upon delivery of the product.

§ 6º The inadimplement of obligation, the repacing of which has provided for the dispensation referred to in § 5, shall occasion, on the remaining balance, the addition of the change in the minimum price stipulated contractually since the date of publication of this Interim Measure.

§ 7º In the early settlement assumption and total debt until December 31, 2006, it will apply in addition to the bonus described in § 5, discount of ten per cent on the existing debtor balance on the settlement date.

Art. 2º It gets authorized, for the operations that it treats § 6-A of the art. 5º of Law No. 9,138, 1995, repacing, ensuring, as of the date of the publication of this Provisional Measure, to borrowers who make the payment of the benefits up to the date of their maturity, that the share of interest, calculated at the rate effective, originally contracted, of up to eight percent, nine percent and ten percent a year on the main updated based on the variation in the General Market Price Index-IGP-M, will not exceed the ceilings of:

I-nine comma five percent a year over the main one, for the IGP-M variation, increased from:

II-three percent, four percent and five percent per year, for the interest rate of eight percent, nine percent and ten percent, respectively, calculated pro rata die from October 31, 2001.

§ 1º The ceiling referred to in the inciso I of this article does not apply to the update of the principal of the debt already secured by certificates of responsibility of the National Treasury.

§ 2º Apply the provisions of this article to borrowers with accrued benefits, provided that the pending debits are fully regularised until November 30, 2001.

§ 3º In the repackage that it treats this article, the National Treasury shall, upon declaration of liability of the values attested by the financial institutions, pay relative to the equalization between the contractual value for interest payment and the value received in accordance with the caput of this article.

Art. 3º It is the Union authorized to dispense with the treatment established in the arts. 1º and 2º of this Provisional Measure to the operations of the same species acquired under the aegis of Provisional Measure No. 2.196-3 of August 24, 2001.

Art. 4º Stay the manager of the Defense Fund of the Cafeeira-FUNCAFÉ Economy, instituted by Decree-Law No. 2,295 of November 21, 1986, authorized to grant lengthening of deadlines and adjust financial burden of operations that if follow, as per specific provisions of the National Monetary Council:

I-consolidation and reescalation operations of debt of coffee farmers and their cooperatives, conducted in the 1997 financial year, and cushion and harvest operations of the 1997/1998 crop, to which the art is referred. 8º-A of Law No. 9,138, 1995 ;

II-operations to which the art refers. 3º of Provisional Measure No. 2.196-3, 2001.

Art. 5º For credit operations to the ampairing of the Revitalization Program of Agroanian Production Cooperatives-RECOOP, of which it treats the Provisional Measure No. 2.168-40 of August 24, 2001, which are subject contractually the financial burden on the basis of the IGP-DI plus four per cent per year, is assured, as of the date of the publication of this Interim measure and provided that the benefits are paid up to the date of the respective paced maturity, the ceiling of nine comma five per cent per year for the IGP-DI variation.

Art. 6º The financial budgetary impact arising from the application of this Provisional Measure, relating to the operations provided for in § 6º-A of the art. 5º of Law No. 9,138, 1995, will be borne by the availabilities established for the Ministry of Agriculture, Livestock and Supply in the Union General Budget in the respective financial years 2001 a to 2003.

Art. 7º The National Monetary Council shall establish the conditions necessary for the implementation of the provisions contained in this Interim Measure, including on the deadline for the formalization of repactuation.

Art. 8º This Provisional Measure comes into force on the date of its publication.

Brasilia, October 31, 2001 ; 180º of Independence and 113º of the Republic.

MARCO ANTONIO DE OLIVEIRA MACIEL

PEDRO MALAN

MARCUS VINICIUS PRATINI DE MORAES

RET01 + + +

RETIFICATION-PROVISIONAL MEASURE NO 9, DE October 31, 2001

Provides on the elongation of debts originating in rural credit, of which it treats Law No. 9,138 of November 29, 1995, and gives other arrangements.

(Published in the Official Journal of 1º November 2001-Section 1)

On page 10, 3ª column, in the signatures, read: Mark Antony of Oliveira Maciel and Pedro Malan.

Attachment (s)