Decree No. 7263, August 12 2010

Original Language Title: Decreto nº 7.263, de 12 de Agosto de 2010

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DECREE NO 7,263, DE August 12, 2010.

Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the United Republic of Tanzania on the Exercise of Paid Activity by Part of Dependent Personnel of Diplomatic, Consular, Military, Administrative and Technical Staff, firmed in Dar es Salaam, on August 22 of 2008.

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

Consideration that the Government of the Federative Republic of Brazil and the Government of the United Republic of Tanzania celebrated, in Dar es Salaam, on August 22, 2008, an Agreement on the Exercise of Paid Activity by Part of Diplomatic, Consular, Military, Administrative and Technical Personnel Dependents ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 210, of April 7, 2010 ;

Whereas the Agreement entered into international vigor on May 26, 2010, pursuant to its Article 11 ;

DECRETA:

Art. 1º The Basic Agreement for Technical Cooperation between the Government of the Federative Brazil and the Government of the United Republic of Tanzania, signed in Brasilia on May 15, 2006, apse by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3º This Decree shall enter into force on the date of its publication.

Brasilia, August 12, 2010 ; 189º of the Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Antonio de Aguiar Patriota

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC UNITED OF TANZANIA ON THE EXERCISE OF PAID ACTIVITY BY DEPENDENTS OF DIPLOMATIC, CONSULAR, MILITARY, ADMINISTRATIVE AND TECHNICAL personnel

PREÂMBCHAPTER

The Government of the Federative Republic of Brazil

The Government of the Unida Republic of Tanzania

(henceforth named jointly as "Parties" and, individually, how?Part? ),

In view of the advanced stage of understanding between the two Parties ; and

In the aim of establishing new mechanisms for the strengthening of its diplomatic relations ;

Woke the following:

Article 1º

1.Os dependent on diplomatic personnel, consular, military, administrative and technical officer of one of the Parties, designated to exercise official mission in the other, as a member of a diplomatic Mission, Consular Repartition or Permanent Mission to the International Organization, based in the State accredited and by it recognized, they will be able to exercise remunerated activity in the territory of the other Party in accordance with this Agreement and on the basis of the principle of reciprocity.

2.Para purposes of this Agreement, diplomatic personnel, consular, military, administrative and technical means any employee of one of the Parties, with the exception of the support staff, designated to exercise an official mission in a Diplomatic Mission, Consular Repartition or Mission to Organism International.

Article 2º

For the purposes of this Agreement, they are considered dependent:

a) spouse or permanent companion ;

b) under children under 21 years ;

c) under children under 25 years old, who are studying at university or higher education center recognized by each state ; and

d) singles children with physical disabilities or mental.

Article 3º

1.Qualquer dependent that you wish to exercise remunerated activity should request, in writing, via diplomatic channels, authorization of the Cerimonial of the Foreign Ministry of the other Party. The application should include information that proves the condition of dependant of the person in question and a brief explanation of the intended remunerated activity.

2.Após check if the person in question if falls within the categories set out in this Agreement and after observing the applicable internal devices, the Cerimonial shall inform the Embassy of the other Party, in writing and as soon as possible, that the dependent is authorized to exercise activity remunerated. Similarly, the Embassy should inform the respective Cerimonial regarding the termination of the remunerated activity exercised by the dependent, as well as submit new application in the assumption that the dependent decides to accept any new activity remunerated.

Article 4º

In the case where the dependent person authorized to exercise gainful activity enjoy of immunity from jurisdiction in the territory of the State accredited as per the Articles 31 and 37 of the Vienna Convention on Diplomatic Relations, or any other applicable international treaty:

a) stay agreed that such a dependant will not enjoy of immunity from civil or administrative jurisdiction in the accredited state, in actions against him initiated by acts directly related to the performance of the said remunerated activity ; and

b) stays up that the believing Party seriously consider any application by the accredited state to waive immunity from criminal jurisdiction of the dependent on charges of criminal offence in the course of the exercise of such remunerated activity. Should there be no waiver of immunity and, in the perception of the accredited Party, the case is considered to be serious, the accredited State may request the withdrawal of the country from the dependent concerned.

Article 5º

1.A authorization for the exercise of activity remuneration shall end as soon as the condition of dependent on the beneficiary of the authorization, on the date on which the contractual obligations have been fulfilled, or, in any hypothesis, at the end of the mission of the individual of whom the person dependent. However, the termination of the authorisation will take into account the reasonable period of the course provided for in the Vienna Convention on Diplomatic Relations of April 18, 1961, without exceeding three months.

2.Qualquer contract employath that it is part the dependant will contain clause giving account that the contract will cease when the authorization is terminated for the exercise of paid activity.

Article 6º

The authorization for a dependant to exercise gainful activity of compliance with this Agreement shall not grant the person concerned the right to continue in the exercise of paid activity or to reside in the territory of the other Party, once the mission of the individual of whom is terminated person is dependent.

Article 7º

Nothing in this Agreement will confer on the dependent right to employment which, in accordance with the legislation of the other Party, can only be occupied by national of that Party, or that affect national security.

Article 8º

This Agreement will not imply recognition automatic of titles or diplomas obtained abroad. Such recognition may only occur in accordance with the standards in force that regulate such matters in the territory of the other Party. In the case of occupations that require special qualifications, the dependant must meet the same requirements to which a national of the other Party, candidate for the same job, must meet.

Article 9º

1.Os dependent who exercise gainful activity will be subject to payment in the territory of the other Party of all income taxes in it earned on the basis of the performance of that activity, with source in the accredited country and in accordance with the tax laws of that country.

2.Os dependent who exercise gainful activity under the terms of this Agreement will be subject to the social welfare legislation of the accredited state.

Article 10

1.Qualquer controversy surging from the interpretation and / or execution of this Agreement shall be directed between the Parties by diplomatic means.

2.Este Agreement may be amended by common agreement by exchange of diplomatic notes. The entry into force of the amendments shall comply with the same procedure as in Article 11.

Article 11

This Agreement will enter into force 30 (thirty) days after the date of receipt of the second notification by the Parties of the fulfilment of the respective internal legal requirements.

Article 12

This Agreement will remain in force for a period undetermined, and may be denounced if any of the Parties notifies the other, in writing, via diplomatic channels, of the decision to denounce this Agreement. In this case, this Agreement will cease to have effect 90 (ninety) days after the date of such notification.

In testimony than the undersigned, duly authorized by their respective governments, they have signed this Agreement into two originals, in Portuguese and English, both of which are equally authentic texts.

Made in Dar es Salaam, on August 22, 2008.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL _________________________________ APPIO C. M. ACQUARONE SON Ambassador

BY THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA _________________________________ Mr. PENIEL M. LYIMO Permanent Secretary of the Ministry of Agriculture, Food Safety and Cooperatives