Decree No. 7283, SEPTEMBER 1, 2010.
Promulgates the Basic Agreement of technical cooperation between the Government of the Federative Republic of Brazil and the Government of the United Republic of Tanzania, signed in Brasilia, on May 15 2006.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and whereas the Government of the Federative Republic of Brazil and the Government of the United Republic of Tanzania celebrated in Brasilia, on 15 May 2006, a Basic Agreement for technical cooperation;
Whereas the National Congress approved this Agreement by means of legislative decree in 255, of 18 September 2008;
Whereas the agreement entered into force internationally on May 26 2010, in accordance with paragraph 1 of article IX;
DECREES: Art. 1 the Basic Agreement of technical cooperation between the Government of the Federative Republic of Brazil and the Government of the United Republic of Tanzania, signed in Brasilia, on May 15 2006, attached by copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasilia, September 1, 2010; 189 of independence and 122 of the Republic.
LUIZ INACIO LULA DA SILVA Antonio Patriota BASIC TECHNICAL COOPERATION AGREEMENT BETWEEN the GOVERNMENT of the FEDERATIVE REPUBLIC of Brazil and the Government of the UNITED REPUBLIC OF TANZANIA, the Government of the Federative Republic of Brazil and the Government of the United Republic of Tanzania (hereinafter? Contracting Parties?), determined to strengthen the ties of friendship between their peoples;
Considering the mutual interest to improve and stimulate socio-economic development of their respective countries;
Convinced of the need to give emphasis to sustainable development;
Recognizing the mutual benefits resulting from technical cooperation in areas of common interest;
Eager to develop cooperation to stimulate technical progress; and Sharing the view that triangular cooperation should be developed by both Contracting Parties in accordance with the laws and regulations of their respective countries, agree as follows: article I the present Basic Agreement of technical cooperation, hereinafter referred to as? Deal?, has for object to promote cooperation in technical areas considered priorities by the Contracting Parties and, reciprocally, acting on behalf of the social and economic development of third countries.
ARTICLE II 1. The programmes and projects of technical cooperation will be implemented through Complementary Adjustments.
2. Also by means of additional Settings will be set the executing institutions, coordinators and the components necessary for the implementation of the mentioned programs and projects.
3. Programmes and projects to be developed under the terms of this agreement, may participate in institutions of the public and private sectors, as well as non-governmental organizations of both countries and international organizations, as agreed through the Additional Settings.
4. The Contracting Parties shall contribute, together or separately, to the implementation of the approved programs and projects, as well as be able to get funds and funding of international organizations, international and regional programmes and other donors.
ARTICLE III 1. Meetings between representatives of the Contracting Parties to deal with matters pertaining to the programmes and projects of technical cooperation, such as: a) evaluate and define common priority areas in which it would be feasible to implement technical cooperation;
b) establish mechanisms and procedures to be adopted by the Contracting Parties;
c) consider and approve work plans;
d) review, approve and monitor the implementation of the programmes and technical cooperation projects; and e) to evaluate the results of the implementation of the programmes and projects implemented under this agreement.
2. The place and date of the meetings shall be agreed by the Contracting Parties through the diplomatic channel.
ARTICLE VI each Contracting Party will ensure that the documents, information and other knowledge obtained as a result of the implementation of this agreement will not be disclosed or transmitted to third parties without the prior written consent of the other Contracting Party and in triangular cooperation, also of third countries, indicating where the data and products obtained from projects implemented result from the joint effort undertaken by the Contracting Parties and third countries.
Article V the Contracting Parties shall ensure the staff sent by one of the Contracting Parties, within the framework of this agreement, all the logistical support needed on your installation, transport facilities and access to the information necessary to fulfil their specific functions, as well as other facilities to be specified in the settings.
ARTICLE VI 1. Each Contracting Party shall grant the personnel designated by the other Contracting Party to exercise its functions within its territory, under this agreement, as well as to their legal dependents, if applicable, on the basis of reciprocal treatment other than Brazilians in Brazilian territory or foreigners with permanent residence in Brazil: the) visas, according to the rules applicable for each Contracting Party requested by diplomatic channel;
b) exemption from customs duties and other taxes levied on the importation of personal effects, during the first six months of stay, with the exception of fees for the storage costs, transport and other related services for the first installation, where the period of stay in the host country for more than a year. Such objects shall be re-exported at the end of the assignment, unless the import taxes, of which were originally exempt, are paid;
c) exemptions identical to those provided for in point (a)? b? in this article, when re-export of such goods;
d) income tax exemption as the wages in charge of institutions of the Contracting Party which sent them. In the case of remuneration and daily paid by the receiving institution, will apply the laws of the host country, subject to applicable double taxation agreements eventually signed between the Contracting Parties;
and) community with regard to judicial acts of trade carried out under this agreement; and f) repatriation acilidades in crisis situations.
2. The selection of staff shall be made by the Contracting Party that the send and must be approved by the Contracting Party which receives it.
ARTICLE VII staff posted to the territory of another Contracting Party under this agreement, you should act according to the established in each programme or project and will be subject to the laws and regulations in force in the territory of the host country, except for the provisions of article VI of this agreement.
ARTICLE VIII 1. The goods, equipment and other items eventually provided by a Contracting Party to another, for the implementation of programmes and projects developed under this agreement, as defined and approved in its Supplementary Adjustment, shall be exempt from fees, taxes and other liens on imports and exports, with the exception of those relating to storage costs, transport and other related services.
2. At the end of programmes and projects, all goods, equipment and other items that have not been transferred on a permanent basis the other Contracting Party for which the supplied will be re-exported with the same exemption from export duties and other taxes typically incidents, with the exception of fees and charges relating to storage costs, transport and other related services.
3. In the case of importation or exportation of goods intended for the implementation of programmes and projects developed under the agreement, the public institution in charge of the execution will be responsible for the measures necessary for the customs clearance of such goods.
ARTICLE IX 1. Each Contracting Party shall notify the other, through diplomatic channels, of the internal legal formalities necessary for the entry into force of this agreement, which will take effect from the date of receipt of the last of these notifications.
2. this agreement will have duration of 5 (five) years, and shall be automatically extended for successive periods equal and, unless a Contracting Party expresses, through the diplomatic channel, of its intention to terminate it. The complaint will 6 (six) months after receipt of the notification.
3. In the event of termination of this agreement, including in the case of triangular cooperation with third countries, the programmes and projects in implementation will not be affected, unless the contracting parties otherwise agree and notify each other, in writing.
4. this agreement may be amended in accordance with the first paragraph of this article.
Article X 1. Shall be eligible, under this agreement, the third countries that have technical cooperation agreements with both Contracting Parties.
2. The planning of technical cooperation to be implemented under this agreement will be embodied in documents from projects that report the objectives pursued, the justification for its implementation, the implementation schedule, the estimated costs and funding sources.
3. The Contracting Parties shall monitor the implementation of the programmes and technical cooperation projects implemented and assess its progress, in agreement with the third countries.
4. The facilities, privileges and immunities of the Contracting Parties, in the case of programmes and projects to be implemented in the territory of third countries, shall be governed by technical cooperation agreements concluded between each of the Contracting Parties and a third Country.
ARTICLE XI the controversies that have arisen during the implementation of this Agreement shall be governed by all peaceful means and friendly welcome in the international public law, privileging-if direct negotiations between the Contracting Parties.
Made in Brasilia, on May 15 2006, in two (2) copies, in the English and Portuguese languages, both texts being equally authentic.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ By the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL CELSO AMORIM Minister of State of Foreign Affairs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by the GOVERNMENT of the UNITED REPUBLIC OF TANZANIA, ASHA-ROSE MIGIRO Minister for Foreign Affairs