DECREE NO 4,158, DE March 12, 2002

Provides on the implementation of the Nono Additional Protocol to the Economic Supplementation Agreement No. 36, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, as States Parties to Mercosur, and the Government of the Republic of Bolivia, of June 19, 2001.

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

Considering that the 1980 Treaty of Montevideo, which created the Latin American Integration Association (ALADI), firmed by Brazil on August 12, 1980 and approved by the National Congress, through Legislative Decree No. 66, of November 16, 1981, provides for the modality of Partial Reach Agreement of Economic Supplementation ;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the Common Market of the South (Mercosur), and of the Republic of Bolivia, on the basis of the 1980 Treaty of Montevideo, signed on June 19, 2001, in Montevideo, the Nono Additional Protocol to the Economic Supplementation Agreement No. 36 (Resolution No. 01/00 of the ACE Administrator Commission-36-Certification of Origin of Operations by means of Dutos), between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, as States Parties to Mercosur, and the Government of the Republic of Bolivia ;

D E C R E T A:

Art. 1º The Nono Additional Protocol to the Economic Supplementation Agreement No. 36 (Resolution No. 01/00 of the ACE Administrator Commission-36-Certification of Origin of Operations by means of Dutos), between the Governments of the Federative Republic of Brazil, of the Republic Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, as States Parties to the Common Market of the South (Mercosur), and the Government of the Republic of Bolivia, apse by copy to this Decree, shall be executed and complied with so entirely as it contains.

Art. 2º This Decree goes into effect on the date of its publication.

Brasilia, March 12, 2002 ; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

AGREEMENT OF ECONOMIC SUPPLEMENTATION NO 36 CONCLUDED BETWEEN THE GOVERNMENTS OF THE STATES PARTS OF MERCOSUR AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA

Nono Additional Protocol

The Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in its condition of States Parties to the Common Market of the South (MERCOSUR), on the one hand, and the Republic of Bolivia, on the other hand, accredited by their respective Governments under powers that have been bestowed in good and due form, deposited expeditiously in the General Secretariat of the Latin American Integration Association (ALADI),

VIEW THE Resolution MCS-BO No. 01/00 of the ACE Administrator Commission 36,

CONVEEM IN:

Article 1º-The origin certification of the products of the mineral kingdom, extracted from deposits located in the territory of one of the Signator Parties and which are exported to the territory of the other Party through pipelines, shall be carried out from in accordance with the provisions of the Instruments included in the Annex and which are part of this Protocol.

Article 2º-Certifications that are expedited in accordance with the provisions of the preceding Article shall not be subject to the provisions set out in Annex 9 to the Economic Supplementation Agreement No. 36, to the extent that they are incompatible with the said marketing modality.

Article 3º-The certificates of origin issued with an earlier date on the date of entry into force of this Protocol maintain full valence. For certificates issued from 1º October 2000, the procedure laid down in the Instructions in the Annex to this Protocol may also be applied.

Article 4º-This Protocol shall apply from the date on which all Signator Parties have incorporated it into their respective internal legal order, without prejudice that any of them, in accordance with their legislation, have decided on the provisional application of the provisions of the ACE Administrator Commission No. 36, upon RES MCS-BO 01/2000, until the procedures for incorporation to its respective legal order are complied with.

The Signatory Parties shall communicate to the General Secretariat of ALADI the fulfillment of the corresponding travails.
The General Secretariat of ALADI shall be depositary of this Protocol, of which it shall send duly authenticated copies to the Governments signatories.

IN FÉ DO THAT, the respective Plenipotentiaries sign this Protocol in the city of Montevideo, to the nineteen days of the month of June two thousand and one, in an original in the Portuguese and Spanish languages, both texts being equally valid.

By the Government of the Argentine Republic:

CARLOS ONIS VIGIL

By the Government of the Federative Republic of Brazil:

JOSÉ ARTUR DENOT MEDEIROS

By the Government of the Republic of Paraguay:

JOSÉ MARÍA COUPLE

By the Government of the Oriental Republic of Uruguay:

ELBIO OSCAR ROSSELLI FRIERI

By the Government of the Republic of Bolivia:

WILLY VARGAS VACAFLOR

INSTRUCTIONS

1.O certificate of origin of the products of the mineral kingdom, extracted from deposits located in the territory of the Signator Parties, exported through pipelines, will be able to amstop exports of the products indicated therein, which have been held since 1º from January until December 31 of each year for a same tariff item and by the same exporter.

2.Quanto to the requirements that must contain the Certificate of Origin that amstops this type of operations, exempts from the indication of quantity and measure and FOB value, indicated in the letter d) of Article 13 of Annex 9 to ACE 36.

3.Isenta-se, also, of the requirements and obligations stated in Article 15 of the same Annex, to the extent that they are incompatible with the provisions of these Instructions.

4.Com relation to the declaration accompanying the application for certification of origin of Article 14 of Annex 9 to ACE No 36, this shall not be required by the certifying entities.

5.Quanto to the filling of the fields containing the Certificate of Origin:

-o 6, on the means of transportation, should always be "through pipelines" ;

-7, 11 and 12 should refer to field 14, referring to remarks, as follows: "VER OBSERVATIONS" ;

-14 should indicate: "Certification carried out in accordance with the Nono Additional Protocol to ACE 36".