DECREE NO 7,108, DE February 11, 2010.

Promulga the text of Measurion 1 (2003)- Secretariat of the Antarctic Treaty, adopted during the 26ª Consultative Meeting of the Antarctic Treaty (ATCM) held in Madrid in 2003.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, through the Legislative Decree no 597, of 28 million August 2009, the text of Measory 1 (2003)-Antarctic Treaty Secretariat adopted during the 26ª Consultative Meeting of the Antarctic Treaty (ATCM) held in Madrid in 2003 ;

Considering that the Brazilian Government has communicated to the General Secretariat of the Antarctic Treaty on the compliance with the necessary internal requirements for the ratification of the said Medida, by the diplomatic note of October 9, 2009 ;

Considering that the Medida has entered into force for Brazil, in the external legal plan, on October 6 of 2009 ;

DECRETA:

Art. 1st The text of Measure 1 (2003)-Secretariat of the Antarctic Treaty, attached by copy to the present Decree, will be executed and complied with as entirely as it contains.

Art. 2nd shall be subject to approval by the National Congress any acts that may result in revision of the said Agreement or entailing charges or commitments to the national heritage, in accordance with the Art. 49, inciso I, of the Constitution.

Art. 3rd This Decree comes into force on the date of its publication.

Brasilia, February 11, 2010 ; 189º of the Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Antonio de Aguiar Patriota

Measure 1 (2003)

SECRETARIAT OF THE ANTARCTIC TREATY

The Representatives,

Recording the Antarctic Treaty and the Protocol to the Antarctic Treaty on the Protection of the Environment (Protocol) ;

Recognizing the need for the Secretariat gives assistance to the Antarctic Treaty Consultative Meeting (ATCM) and the Committee for the Protection of the Environment (CEP) to comply with its functions ;

Recording Decision 1 (2001) of the XXIV ATCM on the establishment of the Secretariat of the Antarctic Treaty (Secretariat) in Buenos Aires, Argentina ;

Recommendation to its Governments for the approval of following Measished in accordance with paragraph 4 of ARTICLE IX of the Antarctic Treaty:

ARTICLE 1

Secretariat

The Secretariat will be an ATCM organ. As such will be subordinate to ATCM.

ARTICLE 2

Functions

1. The Secretariat will perform the functions entrusted to it by ATCM to provide support to ATCM and the CEP.

2. Under the direction and supervision of ATCM, the Secretariat will occupy itself in particular from the following:

(a) Prestar, with the assistance of the Government host, support to the Registry for the meetings celebrated on the Antarctic Treaty ampairing and the Protocol, as well as other meetings celebrated with ATCM. The support of the Registry will abet the following tasks:

i) Obtain information from meetings of the ATCM and the CEP, for example, environmental impact assessments and management plans ;

ii) Preparation and distribution work of the agenda of meetings and reporting ;

iii) Translation of the documents of the meetings ;

iv) Provision of the services of interpreting ;

v) Preparation of copies, organization and distribution of the documents of the meetings ; and

vi) The assistance to ATCM for the essay of the documents of the meetings, including the Final Report.

(b) Supporting the coordination of work between sessions of the ATCM and the CEP facilitating the exchange of information by arranging the facilities for the meetings and offering assistance requested by ATCM ;

(c) Facilitating and co-ordinating communications and the exchange of information between the Parties on all the exchanges required in accordance with the Antarctic Treaty and the Protocol ;

(d) Under the direction of ATCM, provider the necessary coordination and contacts with elements of the Antarctic Treaty system, and other relevant international bodies and other organizations when appropriate ;

(e) Establish, maintain, develop and, when appropriate, to publish relevant databases for the operation of the Antarctic Treaty and the Protocol ;

(f) Distribution between the Parties information pertinent and diffuse information about the activities in Antarctica ;

(g) Registrar, maintain and publish, when necessary, the records of the ATCM, CEP and other meetings celebrated at the ampairing of the Antarctic Treaty and the Protocol ;

(h) Facilitate the availability of the information about the system of the Antarctic Treaty ;

(i) Prepare informs relating to your activities and present them to ATCM ;

(j) Dar assistance to ATCM to review the state in which the previous Recommendations and Measures adopted in accordance with ARTICLE IX of the Antarctic Treaty are found ;

(k) Under the direction of ATCM, take on the responsibility to maintain and update Manual of the Antarctic Treaty system ; and

(l) Take up other functions that ATCM consider pertinent to the objectives of the Antarctic Treaty and the Protocol.

ARTICLE 3

Executive Secretary

1. The Secretariat shall be directed by an Executive Secretary to be appointed by the ATCM (from list of) citizen candidates of the Consultative Parties. The procedure for the choice of the Executive Secretary will be determined by Decision of ATCM.

2.O Executive Secretary will appoint body of essential staff to carry out the functions of the Secretariat and will hire experts when appropriate. The Executive Secretary and the body of officials shall act in accordance with the procedures, terms and conditions stipulated in the Staff Regulations, which shall be adopted by Decision of the ATCM.

3. In the period between sessions, the Executive Secretary will hold consultations in accordance with modalities set out in the Regul

ARTICLE 4

Budget

1. The Secretariat will function in an economically effective manner.

2. Representatives of all the Consultative Parties present at the ATCM shall approve the budget of the Secretariat.

3. Each Consultative Party shall contribute to the budget of the Secretariat. Half of the budget will come from equal aports of the Consultative Parties. The other half of the budget will come from aports of the Consultative Parties varying depending on the magnitude of their national activities in the Antarctic, taking into account the payment capacity they possess.

4. The method of calculation of the scale of contributions is defined in Decision 1 (2003) and in the Table to which it is attached. AATCM will be able to amend by Decision the proportions in which the two criteria mentioned above and the method of calculating the scale of contributions apply.

5. Every Contracting Party will be able to carry out voluntary contributions at any time.

6. The financial regulation will be adopted by Decision of ATCM.

ARTICLE 5

Legal personality and privileges and immunities

1.A legal personality of the Secretariat as ATCM organ as well as its privileges and immunities and those of the Executive Secretary and other officials in the territory of the Argentine Republic will be defined in the Silk Agreement of the Antarctic Treaty (Seder Agreement) adopted by the ATCM and attached to that measure, which is expected to celebrate between the ATCM and the Argentine Republic.

2.A ATCM authorizes the present instrument to person occupying the Chair to conclude on his behalf the Sede Agreement at the time of the entry into force of the present Meash.

3.O Secretariat will be able to exercise its legal personality in accordance with that provided for in Article 2 of the Seed Agreement only to the extent that it is authorized by ATCM. Within the framework of the budget approved by ATCM and in accordance with any other decision that may come to the ATCM, the Secretariat is authorized, by the present instrument, to hire, acquire and disengage of mobile property to perform their functions, as provided for in ARTICLE 2 of the present Measl.

4. The Secretariat shall not be able to acquire or discover real estate or initiate legal actions without prior approval from ATCM.

HEADQUARTERS AGREEMENT FOR THE SECRETARIAT OF THE

ANTARCTIC TREATY

The Consultative Meeting of the Antarctic Treaty (ATCM) and the Argentina Republic,

Convinced of the need to strengthen the system of Treaty of the Antarctic ;

Having in mind the special legal and political status of the Antarctica and the special responsibility of the Antarctic Treaty Consultative Parties to ensure that all activities in the Antarctic are in line with the purposes and principles of the Antarctic Treaty and its Protocol on Protection Environmental ;

Taking into consideration Decision 1 (2001) of the XXIV ATCM and Medida 1 (2003) of the XXVI ATCM relating to the Antarctic Treaty Secretariat in Buenos Aires, Argentina ;

Wish to allow the Secretariat, as the organ of the ATCM, the faithful and efficient fulfillment of your goals and functions ; and

Wish to define the legal capacity of the Secretariat as an ATCM organ as well as its privileges and immunities and those of the Executive Secretary and the other members of the body of officials in the territory of the Argentine Republic ;

Concame in the following:

Article 1

Definitions

For the purposes of this Agreement:

a)?Treaty of the Antarctic? or?the Treaty? means the Antarctic Treaty concluded in Washington on December 1, 1959 ;

b)?Competent authorities? means the national, provincial or local authorities of the Argentine Republic according to the laws of the Argentine Republic ;

c)?Files? means all correspondence, documents, manuscripts, photographs, data stored on computer, films, recordings and any records in the form of paper, electronic or any other, which belong or are in power of the Secretariat ;

d)?Environmental Protection Committee? or?CEP? means the Committee established by Article 11 of the Protocol ;

and)?Delegates? means the Representatives, Alternos Representatives, Advisors and any other persons representing the States Parties ;

f)?Executive Secretary? means the Executive Secretary appointed by the ATCM to head the Secretariat in accordance with the instrument that establishes it ;

g)?Expert? means a person hired to carry out short-term or temporary projects on behalf of the Secretariat or take part in a mission, or to execute it, on behalf of the Secretariat, without necessarily being remunerated by this one, but does not include the members of the body of employees ;

h)?Government? means the Government of the Argentine Republic ;

i)?Headquarters? means the enclosure, including buildings or parts of buildings and any elder lands of these, regardless of the property, occupied by the Secretariat for the execution of their Official Activities ;

j)?Official Activities? means all activities undertaken in compliance with the Treaty and the Protocol inclusive of the administrative activities of the secretariat ;

k)?Protocol? means the Protocol on Environmental Protection to the Antarctic Treaty concluded in Madrid on October 4, 1991 ;

l)?Secretariat? means the Antarctic Treaty Secretariat, established as the permanent organ of the ATCM ;

m)?Member of the body of employees? means the Executive Secretary and all other persons admitted for employment at the Secretariat and subject to their Functional Rules, but does not include locally recruited and paid persons based on hours worked ; and

n)?States Parties? means States Parties to the Antarctic Treaty.

Article 2

Legal capacity

The Secretariat, as an ATCM organ, has personality and legal capacity to perform their duties in the territory of the Argentine Republic. It especially has the capacity to hire, acquire and displace of mobile and real estate and to institute legal proceedings and of them being a part. The Secretariat may exercise its legal capacity only up to the limit authorized by ATCM.

Article 3

Headquarters

1.A Sede will be inviolable and will be entirely subordinate to the Secretariat.

2.O Government will provide free facilities of rental in Buenos Aires, suitable for the Sede.

3.O Government will take all appropriate measures to protect the Sede against any invasion or damage and to prevent any injury to their dignity.

4.O Government will arrange for the competent authorities provide for the Section of available public services, such as electricity, water, sewage, gas, post office, telephone, telegraph, drainage, garbage pickup and fire protection, under conditions no less favourable than those awarded to diplomatic missions in the Argentine Republic.

5.Por medium of ATCM, the Secretariat will give the know to the Government the need for any changes as to the location or extension of their permanent facilities or archives and of any temporary occupation of facilities for the execution of their Official Activities. Where there are other facilities in addition to those provided under paragraph 2 above, used or occupied by the Secretariat for the implementation of its Official Activities, such facilities shall enjoy, with Government annuity, the status of facilities officers of the Secretariat. Should permanent or temporary modifications be made to the premises of the Secretariat under this paragraph, any additional facilities occupied by the Secretariat will not necessarily be provided free of rent by the Government.

6.Sem prejudice to the terms of this Agreement, the Secretariat will not allow the Sede to turn into a refuge of justice for persons who avoid detention or notification of legal procedure or against which an extradition order or deportation has been issued.

7.As Competent Authorities can only join the Sede to carry out its functions with the consent of the Executive Secretary and under the conditions by him / her agreed. The consent of the Executive Secretary shall be deemed to be granted in the event of a fire or other exceptional emergencies requiring immediate protective action.

Article 4

Immunities

1.Sujeito to the provisions of the Treaty, in the Protocol or in this Agreement, the activities of the Secretariat in the Argentine Republic shall be governed by the domestic Argentine legislation consistent with international law.

2.No scope of its Official Activities, the Secretarial, as an ATCM organ, and its properties, facilities and assets will enjoy immunity from jurisdiction in judicial and administrative proceedings, except:

a) in the event of an express waiver of this immunity by ATCM ;

b) in relation to any contract for the supply of goods and services and any loan or other transaction for the provision of financial resources and any warranty of compensation relating to that transaction or to any other financial obligation ;

c) in relation to civil action by third parties per death, damage or personal injury arising from an accident caused by motor vehicle belonging to the Secretariat or operated on its behalf, provided that it is not possible to receive compensation from the insurance ;

d) in relation to offences committed with motor vehicle involving vehicle belonging to the Secretariat or operated on its behalf ;

and) in the eventuality of claims of salaries, stipends or any other consideration due by the Secretariat ;

f) in relation to a counter-claim directly linked to procedure initiated by the Secretariat ;

g) in respect of claims on real estate situated in Argentina Republic ; and

h) in relation to actions based on the status of the Secretariat as heir or beneficiary of property situated in the Argentine Republic

3.As properties, installations and assets of the Secretarial shall enjoy immunity in relation to any form of restriction or control, such as requisition, confiscation, expropriation or embargo. They will also be immune in any form of judicial or administrative embarrassment, however motor vehicles belonging to the Secretariat or operated on their behalf will not be immune from judicial or administrative embarrassment when it is temporarily required for the prevention or investigation of accidents involving such vehicles.

4.Nada in this Agreement will harm or be interpreted as waiver of immunity from which states enjoy in the territory of other states.

Article 5

Objective and waiver to privileges and immunities

1.Os privileges and immunities predicted in this Agreement is granted with the aim of ensuring the unimpeded operation of ATCM and the Secretariat and the complete independence of the persons to which they are granted. They are not intended for the personal benefit of the individuals themselves.

2.Com exception of the provisions of paragraph 3 below, ATCM may waive the privileges and immunities provided for in this Agreement. The waiver must occur in the special case that the privilege or immunity under consideration prevents the course of justice and may occur without prejudice to the purpose for which it is granted.

3.No case of Delegates, the waiver to the privileges and immunities provided for in this Agreement may be made by the States Parties they represent.

Article 6

Files

The Files will be inviolable.

Article 7

Flag and Treaty emblem

The Secretariat shall have the right to expose the flag and the emblem of the Treaty in the enclosure and in the means of transport of the Secretariat and the Executive Secretary.

Article 8

Direct Taxation Exemption

Within the framework of its Official Activities, the Secretariat, their properties, facilities and assets, and their income (including contributions made to the Secretariat resulting from any agreement between the States Parties) will be exempt from all direct taxes including income tax, tax on earnings of capital and all state taxes. The Secretariat will be exempt from municipal taxes with the exception of those constituting payment for specific services rendered in accordance with paragraph 4 of Article 3 above.

Article 9

Exemption of customs duties, consumption taxes and value-added

1.As properties used by the Secretariat necessary for their Official Activities (including ATCM publications, motor vehicles and articles intended for official receptions) will be exempt from all customs and consumer taxes.

2.O Secretariat will be exempt from whatever value-added taxes or similar taxes on goods and services, including publications and other information materials, motor vehicles and articles for the purpose of official receptions, should the goods and services thus acquired be necessary to the official use.

Article 10

Exemption of restrictions and prohibitions

The goods imported or exported to the Activities Officers of the Secretariat will be exempt from any prohibitions or restrictions applicable to such goods on the basis of national origin.

Article 11

Revenda

The goods that have been acquired or imported by the Secretariat and to which exemptions are applied under Article 9 above and the goods purchased or imported by the Executive Secretary or other members of the body of officials to which exemptions are applied under Article 16 or Article 17 below, no will be given, sold, borrowed, rented or disposed of in any other way in the Argentine Republic, except in the conditions previously agreed with the Government.

Article 12

Currency and foreign exchange

The Secretariat will be exempt from any restrictions as for currency and exchange, including those relating to funds, money and securities received, acquired, owned or disposed of. The Secretariat may also operate without restrictions bank or other nature for its official use in any currency, and to transfer them freely within the Argentine Republic or to any other country.

Article 13

Communications

1.Com relation to its official communications and to transfer of all its documents, the Secretariat shall enjoy conditions no less favourable than those granted by the Government in general to any other government, including the latter's diplomatic mission, with regard to priorities, tariffs or taxes on post office and all forms of telecommunications.

2.O Secretariat will be able to employ any appropriate means of communication, including cipher messages. The Government shall not impose any restriction on the official communications of the Secretariat or the circulation of its publications.

3.O Secretariat will be able to install and use radio transmitters with the consent of the Government.

4.A official correspondence and other official communications of the Secretariat are not subject to censorship and will enjoy all the guarantees laid down by Argentine domestic law.

Article 14

Publications

The import and export of the publications of the Secretarial and other information materials imported or exported by the Secretariat within the framework of their Official Activities will not suffer any restrictions of any kind.

Article 15

Privileges and imunits of delegates

1.Durante your stay in the Argentine Republic exercise of their official duties the delegates of the States Parties shall enjoy the privileges and immunities of the diplomatic agents as set out in the Vienna Convention on Diplomatic Relations of April 18, 1961.

2.O provisions in paragraph 1 above will be applied regardless of the existing relations between the governments represented by the mentioned persons and the Government, and does not prejudice any additional immunities to which such persons are entitled in the Argentine Republic.

3.Os privileges and immunities described in paragraph 1 above shall not be granted to any delegate of the Government or to any person who has a nationality or is a permanent resident of the Argentine Republic.

4.O Government will treat Delegates with all the due respect and will take all necessary measures to prevent medddency in their people, freedom and dignity. When there are indications that some offence has been committed against a Delegate, arrangements will be made under the legal procedures of the Argentine Republic to investigate the matter and ensure that the necessary steps are taken in relation to to the prosection of proceedings against the accused by the offence.

Article 16

Executive Secretary

In addition to privileges, immunities, exemptions and facilities provided for in Article 17 below, the Executive Secretary, unless he has a nationality or is a permanent resident in the Argentine Republic, shall enjoy the privileges, immunities, exemptions and facilities to which they are entitled to diplomatic agents in the Argentina Republic, including privileges, immunities, exemptions and facilities relating to the members of their families who are part of the family home, unless they have nationality or are permanent residents of the Argentine Republic.

Article 17

Body of employees

1.Os members of the body of employees of the Secretariat:

a) will enjoy, even after the termination of their services to the Secretarial, immunity from lawsuits and any other legal and administrative procedures or judicial requirements in relation to acts and things made by them in the exercise of their official duties, including written words or pronounced ;

b) the immunities set out in the preceding paragraph, not if shall, however, apply in the case of offences relating to motor vehicles committed by staff member or by the Executive Secretary, nor in the case of civil or administrative procedures arising from death, injury or personal injury caused by motor vehicle belonging or directed by him or her, provided that the receipt of insurance compensation is not possible ;

c) will be exempt from any obligations relating to the service military and all other types of compulsory service, unless they have the nationality or are permanent residents of the Argentine Republic ;

d) will be exempt from the application of laws regarding registration of foreigners and immigration ;

and) unless they have the nationality or are residents permanent of the Argentine Republic, they shall be granted the same exemption from currency and exchange restrictions granted to comparable hierarchy official of international agencies in the Argentine Republic ;

f) unless they have the nationality or are residents permanent of the Argentine Republic, shall, by taking up for the first time their duties in the Argentine Republic, exempt from customs duties and other similar costs (except payment for services) in relation to the importation of furniture, motor vehicles and other personal articles of their property or possession or already commissioned by them and intended for their personal use or establishment. Such goods will be imported within six months from the first entry of the staff member of staff in the Argentine Republic, but under exceptional circumstances the Government will grant an extension of that period. Goods that have been acquired or imported by members of the body of officials and to which exemptions are applied in accordance with this subparagraph shall not be able to be given, sold, borrowed, rented or disposed of in any other way to not be in conditions previously agreed with the Government. Furniture and personal articles will be able to be exported free of rights when they leave the Argentine Republic at the termination of the official functions of the staff member ;

g) will be exempt from all taxes on income received from the Secretariat. This exemption shall not apply to the members of the body of officials who have the nationality or are permanent residents of the Argentine Republic ;

h) will have facilities for repatriation similar to those granted to representatives of international agencies in time of international crises ;

i) will have personal inviolability in relation to any form of prison or personal detention or retention of their personal baggage, unless they have the nationality or are permanent residents of the Argentine Republic.

2.Os privileges and immunities applicable to the members of the body of officials in accordance with paragraphs (c), (d), (e), (f), (h) and (i) of paragraph 1 above shall also apply to members of the family home, unless they have the nationality or are permanent residents of the Argentine Republic.

Article 18

Experts

In the exercise of their duties the experts shall enjoy the following privileges and immunities to the extent necessary to carry out their assignments, including when on travel in the Argentine Republic to this effect:

a) immunity of judicial action and any other procedures legal or administrative or judicial requirements in relation to acts and things made by them in the exercise of their official duties, including written or pronounced words. This immunity shall not apply, however, in the case of an offence with motor vehicle committed by such experts and neither in the case of civil or administrative procedures arising from death, damage or personal injury caused by motor vehicle belonging to him or by he directed whenever it is not possible to receive compensation from the insurance. Such immunity remains in force after termination of the function of the expert in relation to the Secretariat ;

b) inviolability for all of your papers and documents officers as well as other official materials related to the execution of the Secretariat's functions ;

c) unless they have the nationality or are residents permanent of the Argentine Republic, the same exemptions concerning restrictions on currency and exchange granted to foreign government representatives on temporary mission in Argentina on behalf of their Governments ; and

d) unless they have the nationality or are residents permanent of the Argentine Republic, immunity from imprisonment and personal detention and embargo of personal baggage.

Article 19

Visas

1.Todas people who have relationship officer with the Secretariat (i.e. Delegates and members of the family home and the experts mentioned in Article 18 above), shall be entitled to enter, remain and leave the Argentine Republic.

2.O Government will take all action necessary to facilitate entry into the Argentine Republic, the temporary permanence in its territory and the exit of all persons mentioned in paragraph 1 above. Visas, when necessary, will be granted without waiting or delay, and without charge of fees, upon submission of certificate that the applicant is one of the persons mentioned in paragraph 1 above. In addition, the Government will facilitate the travel of such persons within the territory of the Argentine Republic.

Article 20

Co-op

The Secretariat will cooperate fully, in all moments, with the competent authorities in order to prevent any abuse of the privileges, immunities and facilities provided for in this Agreement. The Government reserves its sovereign right to take reasonable steps in order to preserve security. Nothing in this Agreement prevents the application of the laws necessary to health and quarantine or, in relation to the Secretariat and its officials, of laws relating to public order

Article 21

Notification of nominations, identity portfolios

1.A ATCM will notify the Government of the appointment of the Executive Secretary and the date from which he, or she, will take over or leave the function.

2.O Secretariat shall notify the Government when a member of the staff of employees take over and leave the function or when an expert starts and terminating a project or mission.

3.Duas times per year the Secretariat will send to the Government a list of all experts and members of the staff of officials and members of their families who are part of the family home in the Argentine Republic. In each case the Secretariat will indicate whether it is about persons with nationality or who are permanent residents of the Argentine Republic.

4.O Government will provide to all members of the body of officials and experts, with practicable attendance after the notification of your appointment, a portfolio of which consects the photograph of the (a) holder (a) identifying him (a) as a member of the body of officials or expert (a), as the case is. Such a portfolio will be accepted by the competent authorities as proof of identity and appointment. The members of the families who are part of the family home will also receive ID card. When the staff member of staff or expert leaves office, the Secretariat shall return to the Government the respective identity card together with the identity portfolios provided to the family members who are part of the family home.

Article 22

Query

The Government and the Secretariat, as an ATCM organ, consult each other on the initiative of either of the two regarding issues arising in relation to this Agreement. If any such matter is not readily resolved, the Secretariat will refer you to the ATCM.

Article 23

Amendment

This Agreement may be amended by agreement between the Government and the ATCM.

Article 24

Solution of controversies

Any dispute arising from the interpretation or application of this Agreement shall be resolved upon consultation, negotiation or any other mutually acceptable method, which may include recourse to mandatory arbitration.

Article 25

Entry into force and termination

1.Este Agreement will enter into force from the signature.

2.Este Agreement may be extinguished upon written notification of either of the two Parties. The extinction shall enter into force two years after the receipt of the aforementioned notification, unless another procedure is agreed.

FEITO in Madrid on June 16, 2003 in Spanish, french, English and Russian, all of which are equally authentic texts.