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Provisional Measure No. 2,050-14, Of 26 October 2000

Original Language Title: Medida Provisória nº 2.050-14, de 26 de Outubro de 2000

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PROVISIONAL MEASURE # 2.050-14, OF October 26, 2000.

Offices on the realization of funding contracts of the Family Strengthening Program-PRONAF, and of settlement projects of the settlements and settlers in the official settlement, colonization and reform programs agrarian, approved by the National Institute of Colonization and Agrarian Reform-INCRA, as well as of the beneficiaries of the Land and Agrarian Reform Fund-Earth Bank, with risk to the National Treasury or the Constitutional Funds of Regions North, Northeast and Midwest, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the post of CHAIRMAN OF THE REPUBLIC, using the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The art. 7º of Law No. 9,126 of November 10, 1995, passes vigorously with the following essay:

" Art. 7º Administrator banks will apply ten per cent of the resources of the Constitutional Funding Funds of the North, Northeast and Midwest Regions, for settlement funding and settlers in the official settlement programs, colonization and agrarian reform, approved by the National Institute for Colonization and Agrarian Reform-INCRA, as well as beneficiaries of the Land and Agrarian Reform Fund-Bank of the Earth, instituted by Supplementary Law No. 93 of February 4, 1998.

§ 1º The financing provided in the form of this article will have the financial charges adjusted not to exceed the threshold of twelve per cent per year and reductors of up to fifty per cent on the plots of the principal's amortization and on the financial burden, for the entire duration of the operation, as deliberation by the National Monetary Council.

§ 2º The financing contracts for initial structuring projects of the settlements, settlers or beneficiaries of the Bank of the Earth, referred to as the caput, not yet benefited with credit directed exclusively for that category of farmers, will be carried out by federal official banks with risk to the respective Constitutional Fund or to the Bank of Earth in the case of their beneficiaries, observed the conditions set by the National Monetary Council for these credit operations.

§ 3º Applies the provisions of the preceding paragraph to the contracts for financing supplementary structuring projects of those settlements, settlers or beneficiaries of the Bank of the Earth, already contemplated with credit of the species, whose value bankable is limited to the differential between the current debtor balance of the operation and the prevailing ceiling for such credit operations, as deliberations of the National Monetary Council.

§ 4º Financial agents will present to the National Sustainable Rural Development Council, an integral part of the structure of the Ministry of Agrarian Development, demonstratives of the values that come to be charged to the Funds Constitutional, in accordance with § § 2º and 3º of this article. " (NR)

Art. 2º The financing of the Strengthening of Family Agriculture-PRONAF and the settlement projects of the settlements and settlers in the official programs, approved by the National Institute of Colonization and Agrarian Reform-INCRA, of settlement, colonization and agrarian reform, could be granted with risk to the National Treasury, except in the cases framed at the art. 7º of Law No. 9,126, 1995, with the essay given by this Provisional Measure.

§ 1º For the purpose of the provisions of caput, credit operations will be carried out by federal official banks and in accordance with the conditions set by the National Monetary Council.

§ 2º The Ministry of Finance, through the Federal Office of Control, will benchmark the correctness of the values that are charged to the National Treasury in accordance with this article, and may request the participation of other bodies and entities of Federal Public Administration

§ 3º Verified inaccuracy in the values of which it treats the preceding paragraph, is the Union authorized to promote, through the Central Bank of Brazil, the automatic debit of the difference ascertained to the account of "Banking Reservation" of the agent financial, with the immediate transfer to the National Treasury.

§ 4º Financial agents will present to the National Sustainable Rural Development Board, an integral part of the Ministry of Agrarian Development's structure, demonstratives of the values that have come to be charged to the Treasury National second this article.

Art. 3º It shall be the Union, by means of a federal financial institution as its agent, authorized to, observed the existing budget allocation, hire credit operation directly with the farmers referred to in art. 2º of this Provisional Measure without the requirement of other guarantees other than the personal obligation of the debtor.

§ 1º The provisions of this Article shall apply to operations of the same species contracted with resources from the Constitutional Funds, as referred to in § 2º of the art. 7º of Law No. 9,126, 1995, in the essay given by this Provisional Measure.

§ 2º The limits and conditions of credit operations, including financial charges, will be fixed by the National Monetary Council.

§ 3º In the agricultural period beginning in July 2000 and ends in June 2001, the amount of contractions that it treats the caput will not exceed the limit of R$ 452,000,000.00 (four hundred and fifty-two million reais), whose distribution among the farmers there referred to will be defined by the Ministry of Agrarian Development, being:

I-R$ 252,000,000.00 (two hundred and fifty-two million reais), in fiscal year 2000 ; and

II-R$ 200,000,000.00 (two hundred million reais), in fiscal year 2001.

Art. 4º Credit operations intended for investments in beneficiation, processing or industrialization of agri-livestock products, when the person concerned is framed as a beneficiary of the funding lines geared to family farming, as per definition of the National Monetary Council, are classified as rural credit for all purposes.

Art. 5º The National Monetary Council may authorize extensions and compositions of debts arising from rural credit operation, setting out the conditions to be met for that purpose.

Art. 6º The funding with resources from the Defense Fund of the Cafeeira Economy, to which the art is referred. 7º of Decree-Law No. 2,295 of November 21, 1986, shall be granted under conditions set out by the National Monetary Council.

Single Paragraph. The National Monetary Council may authorize extensions and compositions of debts relating to the financing of which it treats the caput, establishing the conditions to be met for that purpose.

Art. 7º The art. 2º of Law No. 9,138 of November 29, 1995, as amended by Law No. 9,848 of October 26, 1999, passes in force with the following essay:

?Art. 2º For rural credit operations contracted from the publication of this Act and until July 31, 2001, it shall not apply to the provisions of § 2º of the art. 16 of Law No. 8,880 of May 27, 1994.? (NR)

Art. 8º The art. 4º of Law No. 9,866, November 9, 1999, passes the following additional paragraphs, turning the current single paragraph under § 1º:

?§ 2º It is the National Treasury authorized to update the values due to financial institutions to repay by the rebate in the interest rate of up to two percentage points a year, of which it treats art. 2º of this Act, using the variation in the General Market Price Index-IGP-M, released by the Getulio Vargas Foundation, or another that comes to replace it.

§ 3º In the case of further rebirth, in due value unduly informed by the financial institution, the share to be by this returned shall be updated on the basis of the variation in the verified IGP-M of the date of the remission to the return to the National Treasury, plus a two per cent fine.?(NR)

Art. 9º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2.050-13 of October 27, 2000.

Art. 10. This Provisional Measure comes into force on the date of its publication.

Brasilia, October 26, 2000 ; 179º of Independence and 112º of the Republic.

milestone antonio of massiel olive tree

Amaury Guilherme Bier

Marcus Vininicius Pratini of Moraes

Martus Tavares

Fernando Bezerra

Raul Belens Jungmam Pinto