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Original Language Title: LEI N

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LEI No. 11,524, DE September 24, 2007.

Disposes on the use of resources of the application requirements in rural credit arising from rural savings and spot deposits for financing intended for the settlement of debts of rural producers or their cooperatives with inputs suppliers, relating to crops 2004/2005 and 2005/2006 ; amends the Laws in the 11,076, December 30, 2004, and 11,322, July 13, 2006, 10,194, February 14, 2001, 10,696, July 2, 2003, 7,827, September 27, 1989, 8,427, May 27, 1992, 11,442, 11,442, 11,442 January 2007, 11,488, June 15, 2007, 11,491, June 20, 2007, and the Provisional Measure no 2.199-14, of August 24, 2001 ; and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of CHAIRMAN OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1st It is authorized to use resources of application requirements on credit rural from the rural savings and deposits the view of which treats art. 48 of Law No 8,171 of January 17, 1991, for the credit line institution intended for the provision of financing with views in the settlement of debts contracted by rural producers or their cooperatives with inputs suppliers agrolivestock, relative to crops 2004/2005 and 2005/2006, with maturity starting from 1st January 2005.

§ 1st The financing will be settled at maximum 4 (four) benefits, with maturity, respectively, until May 31, 2009, 2010, 2011 and 2012.

§ 2nd The amount of resources is limited to R$ 2,200,000,000.00 (two billion and two hundred million real).

§ 3rd The financial burden of the operations to be paid by the debtors will be composed of the Rate of Long-term Interest-TJLP Interest increased by 5% (five percent) a year.

§ 4th the resources of rural savings and the view deposits used in the financing of which treats the caput of this article can be computed in compliance with their respective rural demands, under the terms to be defined by the National Monetary Council.

§ 5th The operations carried out with resources from the sources that it treats the caput of this article may have their sources reclassified with each other, provided that there is authorization from the Ministry of Finance.

§ 6th The deadline for the hiring of financing closes on December 28, 2007.

§ 7th Is authorized the hiring of sir from crops 2008/2009 to 2011/2012.

Art. 2nd In the hypothesis where the financing of which deals the art. First of this Act are granted with resources of the requirement of rural saving or reclassified to this source, the Union should grant grant, in the form of equalization, whenever the cost of caption of resources, increased from the cost arising of the caption effort by the financial institution, is superior to the TJLP.

§ 1st A grant that treats the caput of this article may be reduced should it be authorized by the National Monetary Council the use of weighting factor for the purpose of compliance with the said rural requirement of savings.

§ 2nd The payment that it treats the caput of this article will be effected upon use of resources of the Office Official Credit Operations, unit Resources under supervision of the Office of the National Treasury-Ministry of Finance, conditional on proof of use of resources and presentation of liability statement by the institution contracting financial officer for the purposes of settlement of the expenditure.

§ 3rd The irregular application or diversion of resources from the grants will subject the offender to the double return of the equalization received, updated monetarily, without prejudice to the penalties provided for in art. 44 of Law No 4,595 of December 31, 1964.

Art. 3rd The financial institution may constitute liquidity fund for guarantee of the financing contracted in the form of art. First of this Act, to be made up of resources arising from the holdings, not refundable, to be paid by the rural producers or their cooperatives and by the suppliers of agri-livestock inputs.

§ 1st In the constitution hypothesis of the fund in the form provided for in the caput of this article:

I-the hiring of financing by rural producers or their cooperatives will be conditioned to the payment of participation by the borrowers, in favor of the fund, corresponding to 10% (ten per cent) of the updated value of the debt held with suppliers ;

II-liquidation of debts with suppliers will be conditional on payment of participation by suppliers, in favor of the fund, corresponding to 20% (twenty per cent) of the updated value of credit ;

III-should be established an adimation bonus due to the rural producer or its cooperative, whose payment, limited to 50% (fifty per cent) of the respective participation, is conditional on the existence of remaining balance of the liquidity fund on the occasion of its liquidation ;

IV-the financial institution should be given the participation referred to in the incisos I and II of this paragraph in the act of the release of the financing the debit of the supplier's bank account ;

V-the financial institution makes jus the remuneration corresponding to up to 4% (four per cent) of the value of contracted financing for coverage of the costs of origination, structuring and distribution of operations ; and

VI-the remaining balance of the fund, after payment of the adimation bonus of which it treats the inciso III of this paragraph, will be prorated as defined by the National Monetary Council.

§ 2nd Ficam financial institutions authorised to finance the participation of rural producers or their cooperatives, in favor of the liquidity fund, that it treats the inciso I of § 1st of this article.

Art. 4th Constituent the liquidity fund of which it treats art. 3rd of this Act, the Union is authorized to participate, as a single-cotist, in Fund Ensuring the financing of which it treats art. First of this Act, up to the limit of 15% (fifteen per cent) of the total value of contracted financing, plus the update of the TJLP.

§ 1st The Financial Guarantee Fund-FGF, without legal personality, with private nature and separate equity of the co-star's heritage, will be for purpose to secure the financing of which it treats art. 1st of this Act.

§ 2nd FGF patrimony will be made up of cash resources docked by the co-tist, by means of the integralization of quotas, and by the yields obtained with its administration.

§ 3rd FGF will have rights and obligations of their own, for which you will respond with your estate, no responding to the co-tist for any obligation of the Fund, save by the integralization of the quotas it subscribes to.

§ 4th FGF will be created, administered, managed and represented judicial and extrajudicially by the financial institution to which the art refers. 3rd of this Act, which will be responsible also for the maintenance of profitability and liquidity of the Fund.

§ 5th The status of FGF, to be approved by the Executive Power, will even have on the timing of the subscription and integralization of quotas, in addition to deliberating on the financial statements to be submitted by the manager.

§ 6th The FGF guarantee will only be triggered if the total defaults of the financing exceed the features of the liquidity fund docked in the form of the art. 3rd of this Act.

§ 7th The debit discharge by FGF will import your sub-rogation in the creditor's rights, in the same proportion of the values honored by the Fund.

§ 8th The dissolution of FGF in the form of the statute will be conditional on the prior discharge of the totality of the guaranteed debits or the release of the guarantees by the creditor.

§ § 9th Dissolved the Fund, your estate will return to the co-tist, based on the estate situation in the date of dissolution.

Art. 5th The credit risk of the contracted operations in the form of this Act that exceeds the features of the liquidity fund docked in the form of the art. 3rd of this Act and those of FGF can be taken over by private investors.

§ 1st The assumption of credit risk by private investors will not be able to result in others conditioners for rural producers or their cooperatives or for suppliers of agri-livestock inputs, in addition to those already provided for in this Act.

§ 2nd The product of the recovery of claims guaranteed under this Act will be intended, after discounted the collection expenses, in the following order:

I-to private investors, in case of triggering their warranty ;

II-to FGF, in case of triggering your warranty ; and

III-to the liquidity fund.

Art. 6th The arts. 1st, 15, 17 and 45 of the Act No 11,076 of December 30, 2004 pass vigorously with the following essay:

?Art. 1st ................................................................

.............................................................................

§ 2nd WA is representational credit title of promise of payment in cash that confers right of sir on the corresponding CDA, as well as on the product described in it.

.....................................................................? (NR)

?Art. 15. Registration of the CDA and WA in registration and financial settlement system of assets authorized by the Central Bank of Brazil, within the time limit of up to 30 (thirty) days, counted from the date of issue of the securities, in which it will build the respective securities title control number, of which it treats the inciso II of the art caput. 5th of this Act.

...............................................................................

§ 3rd Vencio the deadline of 30 (thirty) days without the compliance with the providence referred to in the caput of this article, shall the depositor ask the depositary for the cancellation of the securities and their replacement by new or per receipt of deposit, on his behalf.? (NR)

?Art. 17. ..........................................................................................................................

§ 1st The records of the business carried out with the CDA and with WA, united or separated, will be updated electronically by the authorized registrar entity.

§ 2nd If, on the expiration date of WA, the CDA and o WA are not in the name of the same creditor and the creditor of the CDA there is no consignment of the value of the debt in the form of the inciso II of § 1st of the art. 21 of this Act, the holder of WA may, at its discretion, promote the execution of the sir on:

I-the product, upon its sale at auction a be carried out on merchandise ; or

II-the corresponding CDA, upon sale of the title, in conjunction with WA, on merchandise or futures exchange, or on organised counter market.

§ 3rd In the hypotheses referred to in the incisos I and II of § 2nd of this article, the proceeds from the sale of the goods or securities, as the case may be, shall be used for immediate payment of the credit represented by the WA to its respective holder on the due date, and the remaining balance shall be delivered to the CDA holder, after debunked the expenses demonstrably incurred with the holding of the auction of the merchandise or the securities.

§ 4th The purchaser of the titles at auction put them again in circulation, observing the provisions in the caput of this article, in the case of WA's separate negotiation of the CDA.? (NR)

?Art. 45. It is authorised to issue CDA and WA until December 31, 2009 by warehouses which do not hold the certification provided for in art. 2nd of Law No 9,973 of May 29, 2000, but which meet the minimum requirements to be defined by the Ministry of Agriculture, Livestock and Supply.? (NR)

Art. 7th The art. 15 of the Act No 11,322 of July 13, 2006, passes in addition to the following § 7th:

?Art. 15. ....................................................................

..................................................................................

§ 7th At the time of discharge of parcels won in 2006, regularised until September 30, 2007, of the operations renegotiated under the Act No 10,437 of April 25, 2002, whether or not not purchased from risk by the Union to the ampairing of the art. 2nd of the Provisional Measure No 2.196-3 of August 24, 2001, and not settled before the National Treasury, will focus on the values due to the adimplance bonus of which it treats the paragraph d of the article's inciso V 5th. 5th of the Act No 9,138 of November 29, 1995 and will not focus on the correction of the minimum price for which it treats the inciso III of the 5th Art. 5th of Law No 9,138 of November 29, 1995, pursuant to § 5th Art. First of Law No 10,437 of April 25, 2002, observed still the following conditions:

I-the collection to the National Treasury should occur until October 31, 2007 ;

II-from the maturity date of the plot to the date of the effective payment, the pro rata variation of the adjusted average rate of the daily funding determined in the Special Settlement and Custody System-SELIC for federal public securities must be applied ;

III-financial agents should forward to the Office of the National Treasury, until October 31, 2007, relation containing the name of borrowers whose parcels:

a) have been regularised under this paragraph ;

b) won in 2006, have been collected by National Treasure in function of risk ;

IV-Brazil's Central Bank will define the criteria for the benchmarking of the forwarded data in accordance with the inciso III of this paragraph ; and

V-in case of ascertained divergence in the aferition of which it treats the inciso IV of this paragraph, the financial officer shall return to the National Treasury the difference pointed out, updated by the variation referred to in the inciso II of this paragraph, within the period up to 5 (five) days from the finding by the Bank Central of Brazil.? (NR)

Art. 8th in the rural credit operations celebrated with resources from savings deposits rural, can be paced financial burden clause based:

I-in the basic remuneration applicable to savings deposits with birthday date on the day of the subscription of the respective contracts, plus interest rate ;

II-at pre-fixed rates.

Art. 9th The National Monetary Council shall establish the conditions necessary for implementation and the operationalisation of the provisions contained in this Act.

Single Paragraph. Among those conditions, they include the necessary ones to substantiate the mora arising from the acquisition of inputs.

Art. 10. Credit cooperative societies will be able to contribute to the National Cooperativism Learning Service in the form of the willing on the inciso I of the art caput. 10 of the Provisional Measure no 2.168-40 of August 24, 2001, in replacement for the additional contribution provided for in § 1st of the art. 22 of Law No 8,212 of July 24, 1991.

Art. 11. The art. First of Law No 10,194 of February 14, 2001, passes vigorously with the following essay:

?Art. 1st Is authorized the constitution of Microentrepreneur Credit Societies and Small Porte Enterprise, which:

I-will have per social object the grant of financing to physical persons, micro-enterprises and small-sized businesses, with views in the facilitation of professional, commercial or industrial ventures by equipping themselves with financial institutions for the purposes of the legislation in force, and may exercise other activities defined by the National Monetary Council ;

.....................................................................? (NR)

Art. 12. For rural credit operations contracted from 1st August 2007 and until July 31, 2012, the provisions of § 2nd do art do not apply. 16 of Law No 8,880 of May 27, 1994.

Art. 13. The art. 19 of the Act No 10,696 of July 2, 2003, passes vigorously with the following essay:

?Art. 19. ........................................................

....................................................................

§ 3rd The Executive Power will constitute Group Manager, formed by representatives of the Ministries of Agricultural Development ; from Agriculture, Livestock and Supply ; from the Finance ; from Planning, Budget and Management ; from Social Development and Combat to Hunger ; and from Education, to the operationalization of the Program of which treats the caput of this article.

...........................................................? (NR)

Art. 14. The art. 14-A of the Act No 7,827 of September 27, 1989, passes the vigorous one in the following single paragraph:

?Art. 14-A. ..............................

Single Paragraph. The Ministry of National Integration will exercise the competences concerning the Deliberative Councils of the Development Superintendencies of the North and North East Regions, of which it treats art. 14 of this Act, until the above-mentioned Councils are installed.? (NR)

Art. 15. The art. First of Law No 8,427 of May 27, 1992, passes vigorously with the following essay:

?Art. 1st ......................................................

Single Paragraph. They also consider subsidy of financial charges the adimency bonuses and rebates in the debtor balances of rural financing given, directly or indirectly, by federal official banks and cooperative banks.? (NR)

Art. 16. The art. 11 of the Act No 11,442 of January 5, 2007, passes in addition to the following § 6th:

?Art. 11. ...........................................................

.......................................................................

§ 6th The provisions of § 5th of this article are not applies to contracts or transportation knowledge in which there is clause or adjustment available on the loading or discharge time.? (NR)

Art. 17. It is the Union authorized to indemnify the owners of chaor-type waiting nets, used for the capture of lobsters from the species Panulirus argus, red lobster, and Panulirus laevicauda, lobster green cable, which voluntarily surrender the cited networks to the Union.

§ 1st The owners will have the 30 (thirty) days deadline to deliver the type wait networks chaotic, counted from the publication of the regulation of this Act, to be entitled to compensation.

§ 2nd The compensation will be paid to the owners in the act of delivery of the type waiting networks chaor to the competent organ under the Regulation.

§ 3rd Presumir will be the good faith of the owners who deliver the waiting nets of the chaor type in the form established in this article.

§ 4th the chaotic type waiting networks will be delivered upon receipt and destroyed by the organs competent of the Union pursuant to the Regulation.

§ 5th The chaotic type waiting networks or any other petrechos and fishing gear seized by the watchdog bodies will not be the subject of compensation payment.

§ 6th The resources required for the fulfilment of the provisions of this article shall be laid down in specific budget credit.

Art. 18. The willing on art. 17 of this Act applies to the owners of air compressors used exclusively for the diving per dip of the species Panulirus argus, red lobster, and Panulirus laevicauda, lobster green cable, pursuant to the regulation.

Art. 19. It is the Union authorized to grant, by the maximum period of 3 (three) months, in the financial year 2007, monthly financial assistance, worth R$ 380.00 (three hundred and eighty royals), to artisanal fishermen engaged in lobster fishing in the waters Brazilian jurisdictions and who are prevented from exercising the activity on the grounds of the Normative Instructions no 138, December 6, 2006, and No 144 of January 3, 2007, of the Brazilian Institute of the Environment and Renewable Natural Resources -IBAMA, and which are listed in the Insurance-Unemployment database of the Ministry of Labour and Employment.

§ 1st The competent organ of the Union shall expedite common document that the applicant fisherman if falls within the provisions of the caput of this article, for the purposes of enabling, granting and paying the financial assistance that it treats this article, pursuant to the Regulation.

§ 2nd The provision of the monthly financial assistance that it treats this article is linked to registration and stay of the applicant fisherman in the course of qualification appropriate to their relocation to the labour market under the Regulation.

§ 3rd The resources required to comply with the provisions of this article shall be provided in credit specific budget.

Art. 20. (VETADO)

Art. 21. (VETADO)

Art. 22. Exceptionally, until October 31, 2007, in relation to the debits for tributes administered by the Office of the Federal Revenue Office of Brazil, it will be permitted to the Microcompany-ME and the Small Business-EPP Company members of the Special Regime Unified Grossing of Tributes and Contributions owed by Microcompanies and Small Business-Simple National Companies, of which it treats the Supplementary Law no 123, December 14, 2006:

I-the repair, including of the previdual contributions that have been repaired ; and

II-the concession of new parcelation, even if not fully paid the prior parcelir relative to the same tribute or any other exaction.

§ 1st When repairing or parceliing that they treat the incisos I and II of the chaput of this article apply the other provisions of:

I-Law No 8,212 of July 24, 1991 on the debits relating to social contributions provided for in the letters to and c of the single paragraph of his art. 11, instituted as a replacement and due by law to third parties ; and

II-Law No 10,522 of July 19, 2002 on the debits relating to the other tributes administered by the RFB, in which it does not dispose of the contrary.

§ 2nd A concession of new parcellar on the occasion of the option by the National Simple, pursuant to the inciso II of the caput of this article, is not the cause of exclusion of other previously granted parcelings.

§ 3rd Ressalvadas the contributions and debits provided for in the arts. 2nd and 3rd and in the caput and § 1st of the art. 16 of the Act No 11,457 of March 16, 2007, the provisions of this Article shall not apply to the debunks inscribed in Active Debt of the Union.

Art. 23. (VETADO)

Art. 24. This Act shall enter into force on the date of its publication.

Brasilia, September 24, 2007 ; 186th of Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Reinhold Stephanes

Carlos Lupi

This text does not replace the published in the DOU of 9/25/2007