DECREE NO 4,153, DE March 7, 2002

Disposes on the execution of the Agreement of Partial reach between the Federative Republic of Brazil and the Republic of Trinidad and Tobago.

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 Association of Integration (ALADI), signed by Brazil on August 12, 1980 and approved by the National Congress, by means of Legislative Decree No. 66 of November 16, 1981, provides for the modality of Partial Economic Supplementation Agreement ;

Considering that the Plenipotentiaries of the Federative Republic of Brazil and the Republic of Trinidad and Tobago, based on the 1980 Treaty of Montevideo, signed, on June 29, 2001, in Brasilia, the Partial Reach Agreement between Brazil and Trinidad and Tobago ;

D E C R E T A:

Art. 1º The Partial Reach Agreement between the Governments of the Federative Republic of Brazil and the Republic of Trinidad and Tobago, signed in Brasilia, on June 29, 200l, attached by copy to this Decree, shall be executed and complied with as entirely as in it if it contains.

Art. 2º This Decree shall enter into force on the date of its publication.

Brasilia, March 7, 2002 ; 181º of the Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

PARTIAL REACH AGREEMENT BETWEEN THE FEDERAL REPUBLIC OF BRAZIL

AND THE REPUBLIC OF TRINIDAD AND TOBAGO

The Government of the Federative Republic of Brazil

And

The Government of the Republic of Trinidad and Tobago

(henceforth named the "Parties"),

CONSIDERING:

That Article 25 of the Treaty of Montevideo 1980, of which the Federative Republic of Brazil is Part-signatory, authorizes the conclusion of Partial Reach Agreements with other countries and areas of economic integration of Latin America ;

That the Treaty establishing the Caribbean Community, signed in Chaguaramas, on July 4, 1973, and their amendments that are provisional or definitively, that the Republic of Trinidad and Tobago be Part-signatory, allows, in Article V of its Protocol IV, the negotiation of bilateral agreements by any Member State, in following up on its strategic national interests and so as not to impair its obligations under the said Treaty ;

Recognizing the importance of the Memorandum of Understanding between MERCOSUR and the Republic of Trinidad and Tobago in the areas of Commerce and Investments, signed between the Parties ;

In view of the rights and obligations of the Parties to the Marrakesh Agreement, which establishes the World Trade Organization ;

Taking into consideration the differences in the economic development levels of the Parties,

Wake up the following:

CHAPTER I

Objective

ARTICLE 1

The objective of this Agreement is to promote bilateral trade flows through the exchange of tariff preferences between the Parties, cooperation on trade themes and growing participation of the private sector.

CHAPTER II

Treatment of Imports

ARTICLE 2

This Agreement is based on the granting of tariff preferences, which consist of reductions percentage of the tariffs applied to imports from third countries at the time of the customs dispatch of the products negotiated in this Agreement.

ARTICLE 3

Annexes I and II of this Agreement stipulate tariff preferences and other conditions for the import of the products in them which are originating in the territories of the Parties.

ARTICLE 4

Tariff preferences will take effect as of the entry into force of this Agreement.

ARTICLE 5

The Parties undertake to maintain the agreed tariff preferences for the importation of the products negotiated in this Agreement, regardless of the level of tariffs applied to imports from third countries.

ARTICLE 6

The Parties agree not to maintain or adopt non-tariff measures or restrictions on trade in products negotiated in this Agreement, except:

a) of the measures referred to in Article 50 of the Treaty of Montevideo 1980 ;

b) of the measures that relate to work products carried out in prisons.

ARTICLE 7

The Parties reaffirm their commitments to the obligations of the World Trade Organization (WTO) related to the Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary Measures and Fotossanitary Measures.

ARTICLE 8

For the purposes of this Agreement, the term "tariffs" should be interpreted as customs duties and any other burden that has the same effect, fiscal, monetary, exchange rate or other nature, which focus on imports. This concept does not include similar fees and charges that correspond to the approxieter cost of the services rendered.

ARTICLE 9

For the purposes of this Agreement, the term "restrictions" should be interpreted as measures not charges of an administrative, financial, exchange rate or of any other nature, by means of which one of the Parties unilaterally creates obstacles to the import of the other Party. Measures adopted as a result of the situations provided for in Article 50 of the Treaty of Montevideo 1980 are not included in this category.

ARTICLE 10

The tariff preferences provided for in this Agreement shall not apply to used goods.

CHAPTER III

Source Rules

ARTICLE 11

The Parties shall apply to the goods negotiated in this Agreement the specified rules of origin in Annex III to this Agreement.

ARTICLE 12

Certificates of Origin issued by government authorities and other public entities or officially authorized private organizations must accompany such goods.

CHAPTER IV

Save measures

ARTICLE 13

The safeguard measures adopted under this Agreement shall consist of the suspension or temporary reduction of the tariff preferences established between the Parties.

ARTICLE 14

Carried Out the investigation by the competent authority, these measures are applicable to products imported under preferential treatment in the territory of one of the Parties, in quantities and conditions such that cause or threaten to cause serious injury to the domestic industry that produces similar or directly competing goods.

ARTICLE 15

The safeguard measure will have validity two (2) years, and may be renewed for the same period, consecutively, under the conditions stipulated in this Chapter.

ARTICLE 16

The Party that applies the safeguard measure shall notify the other Party within the maximum period of seven (7) working days counted from their adoption.

ARTICLE 17

Part should establish a quota on imports from the other Party of the products traded in this Agreement in such a way as to maintain the quantitative level of imports from a recent period that is to be interpreted as the average of the last three years on which statistics are available. The granting of preferences and other provisions stipulated in this Agreement shall be applied to the said quotas.

ARTICLE 18

When an importer considers necessary the extent of the safeguard measure beyond the initial period of two (2) years indicated in Article 15, that Party shall begin negotiations with the other Party to define the terms and conditions under which that measure will continue to be applied.

ARTICLE 19

The Parties shall begin the negotiations referred to in Article 18 with at least 60 days of notice to the termination of the safeguard measure. In the absence of an agreement, the Party applying the safeguard measure should keep it for an additional period of one year and should preserve the quotas set out in accordance with Article 17.

ARTICLE 20

Case at the end of the additional period referred to in Article 19 a importer concludes that the measure remains necessary, the Parties should reassess the tariff preference agreed originally to the product in question.

CHAPTER V

Controlversion Solution

ARTICLE 21

The controversies arising from the implementation of this Agreement should be directed upon direct consultations between the Parties. In the absence of an agreement within thirty (30) days from the notification of the controversy, the Parties shall bring the subject matter to the notice of the Commission established in Article 22, which it may establish or assemble a group of experts to obtain a opinion technical.

CHAPTER VI

Administration of the Agreement

ARTICLE 22

The Parties agree to establish an Administrator Commission, hereinafter referred to as " the Commission ", to which it is to be composed of representatives of the Federative Republic of Brazil and the Republic of Trinidad and Tobago.

ARTICLE 23

The Commission should be established within ninety (90) days counted from the entry into vigour of this Agreement. The Commission shall issue its own rules of procedure.

ARTICLE 24

The tasks of the Commission shall be as follows:

to ensure compliance with the provisions of this Agreement ;

b) to formulate recommendations to the Parties with respect to the controversies that arise over the interpretation and enforcement of this Agreement ;

c) to maintain this Agreement under constant evaluation and recommend changes ;

d) to promote the exploitation of this Agreement by the private sector ;

consider any other matter that the Parties consider necessary.

CHAPTER VII

Accession

ARTICLE 25

This Agreement shall be open for accession by negotiation of the other member countries Latin American Integration Association (ALADI) or the Caribbean Community (CARICOM).

ARTICLE 26

Accession shall be formalized, after negotiation, between the Parties and the acceding country, upon the signature of an Additional Protocol to this Agreement, which is expected to enter into force thirty (30) days after its deposit with the General Secretariat of ALADI.

CHAPTER VIII

Duration and Depot

ARTICLE 27

This Agreement shall enter into force at the time when the Parties interchange communications in the which declares to be completed the procedures necessary for the incorporation of this Agreement to its legislations.

ARTICLE 28

The Government of the Federative Republic of Brazil shall deposit the present Agreement with the General Secretariat of ALADI in line with the provisions of the Treaty of Montevideo 1980 and the Resolutions of the Council of Ministers of ALADI.

ARTICLE 29

This Agreement shall be in force by the time limit of two (2) years. This period may be extended by agreement between the Parties.

ARTICLE 30

This Agreement may be replaced with its expiration by a Supplementation Agreement Economic between the MERCOSUR and the Republic of Trinidad and Tobago.

CHAPTER IX

Complaint

ARTICLE 31

Any of the Parties may denounce this Agreement upon communication of their decision to the other Part. The complaint will take effect one hundred and eighty (180) days counted from the date on which the Party has been given knowledge of the complaint in writing to the other Party.

CHAPTER X

Amendments and Modifications

ARTICLE 32

Any of the Parties may submit proposal for amendment or modification of the provisions of this Agreement to the Commission mentioned in Article 22. The decision to amend shall be taken by consensus and shall take effect with the acceptance of the Parties.

ARTICLE 33

The amendments or modifications to this Agreement shall be formalized by means of Protocols Further.

In faith than, the Plenipotentiaries below signed, authorized in good and due form, have joined their signatures to this Agreement.

Done in Brasília, in June 2001, in two original copies, in the Portuguese languages and english, being both equally valid texts.

_________________________ BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

______________________ BY THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO

ANNEX III

Source Rules

ARTICLE 1

They shall be considered originating in the Parties to the following goods:

Goods entirely obtained or drawn up in the territory of one of the Parties, namely:

i. materials or products of the mineral, plant and animal reins (including those derived from hunting and fishing), extracted, harvested or caught, born in their territory or in their territorial waters, heritage and exclusive economic zones ;

ii materials and products extracted from the sea outside their territorial waters, heritage and zones exclusive economic, by ships of their national flag legally registered or rented by companies regularly established on their territory.

b) Goods drawn up in the territory of one of the Parties, using exclusively materials originating in their territories ;

Elaborate goods using materials from non-agreement countries of the agreement, whenever resulting from a transformation process carried out in one of the Parties that outwith them a new individuality, characterized by a change of tariff position.

Such goods shall not be considered originating in the Parties when those operations or processes in which exclusively non-originating materials are used consist only of simple assemblies or ensamblings, division in batches, parts or volumes, selection and classification, labelling, composition of sortiments of goods or other similar operations or processes.

The goods resulting from assembly operations or ensamblings carried out in the territory of one of the Parties using originating and non-originating materials, shall be considered to be originating when the CIF port of destination or CIF seaport of the materials originating in third countries does not exceed 50% of the FOB value of export of these goods.

d. Should the requirement set out in letter c) above cannot be complied with, the goods using originating and non-originating materials shall be considered originating in the Parties when the CIF port of destination or CIF seaport of the materials originating in third countries does not exceed 50% of the FOB export value of these goods.

e) Packaging material and "containers" in which the goods are packaged for sales to retail, compliant with General Rule 5. b) of the Harmonized System, they should not be considered when determining the non-originating materials used in the production of a commodity that complies with the tariff position change rule.

When the merchandise is subject to the regional content requirement, the value corresponding to the packaging materials or non-originating "containers" should be taken into consideration for the calculation of the regional content value of the commodity.

ARTICLE 2

The Parties may establish, by mutual agreement, specific requirements of origin. Such requirements shall prevail over the general requirements, set out in the preceding Article.

ARTICLE 3

In the definition of the specific requirements referred to in Article 2, or in the review of those already there been established, the Parties shall take into account, individually or jointly, among others, the following elements:

a. Materials used in production:

i) Raw materials:

I. Preponderant raw material or which confers on the product its essential characteristic ; and

II. Main raw materials.

ii) Parts or parts:

I. Part or piece that confers on the product its essential characteristic ;

II. Parts or main parts ; and

III. Percentage of parts or parts in relation to total weight.

b. Any kind of processing or processing of goods.

c. Regional content value.

Any of the Parties may request revision of the criteria set out in Article 1. To this end, the Party should substantiate its request to the other Party and submit the proposal for new requsitos for the product or products in question.

ARTICLE 4

For the purpose of determining whether a commodity originates, its production in the territory of a or both Parties by one or more producers shall be deemed to have been carried out in the territory of one of the Parties by the exporter or producer, provided that the goods comply with the provisions of this Annex.

ARTICLE 5

In order for the goods included in this Agreement to benefit from tariff preferences, the they must be expedited directly from the exporting country to the importing country and be accompanied by the corresponding certificate of origin. For such effects, it is considered as direct expedition:

a) the goods transported without going through the territory of some non-participating country of the present Agreement ;

(b) the goods transported in transit by one or more non-participating countries, with or without transshipment or temporary storage, under the surveillance of the competent customs authority in these countries, provided that:

i. traffic is justified for geographical reasons or for transport considerations ;

ii. are not intended for trade, use or employment in the country of transit ;

iii. do not suffer, during their transport and storage, any operation other than the loading, discharge and handling of the goods ; and

iv. the discharge or handling are carried out only to keep the goods in good condition or to ensure their proper conservation.

The intervention of third country operator should be authorized whenever these comply with the provisions set out in the items to and b of this Article and provided that such goods are accompanied by the commercial invoice issued by the intervening party and the corresponding Certificate of Origin.

ARTICLE 6

Source Certificates must be exclaims only by government authorities of the Parties. Such attribution may be delegated to other public entities or private organizations, acting in national or state jurisdiction, henceforth termed "officially authorized entities".

A governmental authority in each Party should be responsible for verification and control of the issuance of Source Certificates.

ARTICLE 7

The Parties will inform through their governmental authorities the entities officially authorized to issue Certificates of Origin, with the registration and facsimile of the respective accredited signatures for that purpose.

ARTICLE 8

The Certificate of Origin is the document attesting the origin of the goods. This Certificate must fulfill the following requirements:

a. be exorder by governmental authority or by officially authorized entity ;

b. identify the goods to which you refer ;

c. indicate unequivocally that the goods in question originate from the Party, according to

the provisions of this Annex.

ARTICLE 9

The application of the Certificate of Origin must be preceded by a sworn declaration, or other legal instrument of equivalent effect, underwritten by the final producer, in which the characteristics and components of the product, the description of the productive process and, at the very least, the following requirements, are to be indicated:

a. Company or commercial name ;

b. Address or legal and industrial domicile of the premises ;

c. Description of the exported merchandise and tariff position expressed in NALADI/SH;

d. FOB value ;

and. Description of the productive process ;

f. Demonstrative elements of the product components indicating:

i. Material, component and / or parts and parts originating.

-Material, component and / or parts and parts originating in the other Party:

-tariff positions expressed in NALADI/SH;

-CIF Valor in U.S. dollars ;

-Percent of participation in the final item.

iii. Material, component and / or parts and parts originating incorporated in non-originating goods:

-tariff positions expressed in NALADI/SH;

-CIF Value in U.S. dollars;

-Percent of participation in the final item.

The description of goods in the said declaration or instrument of equivalent effect should coincide with the description set out in the NALADI/SH, in addition to the one in the commercial invoice and the certificate of origin.

In the case of goods that are exported regularly and whenever their components, processes and materials are not changed, the same declaration will be valid per cent and eighty (180) days, as of the date of their issuance, and may be used for the issuance of Certificate of Origin during that period.

ARTICLE 10

Origin Certificates must be issued in Portuguese and English and filed by the period of two (2) years from the date of their issuance and possess the corresponding serial number.

The officially authorized entities of the Parties shall maintain a permanent record of the Certificates of Origin issued. This registration must contain at least the number of the Certificates, the requester and the date of issue.

Source Certificates will be valid for 180 (one hundred and eighty) days and will be exclaims exclusively on the attached form. Such period may be extended exclusively during the time when the goods are subject to some suspensive regime of imports which does not allow for any alteration of the goods in question.

All fields of the Source Certificates must be properly filled out, under penalty of invalidity.

ARTICLE 11

In the case of doubts on the veracity of the information and the authenticity of the Certificate of Origin, governmental authorities will be able to apply to the government authority in charge of verification and control of the Origin Certificates of the other Party additional information to clarify the topic.

In no case shall the Parties hold the import tresses of the goods in question.

In the meantime, the Parties will be able to adopt the measures they consider necessary to ensure their fiscal interest.

ARTICLE 12

The governmental authority responsible for the verification and control of the Source Certificates should provide the information referred to in Article 11 within sixty (60) working days from the date of receipt of the corresponding communication. The information provided will receive confidential treatment and will be used exclusively for clarifying such questions.

ARTICLE 13

Whenever the information provided is deemed unsatisfactory, the authorities of the Party importer will be able to suspend further operations concerning goods, companies and operations involving the certifying entity in question, including those in the process of customs disembarchation.

In that case, the authorities of the importing country are expected to present the problem to the Commission Administrator, referred to in Article 22 of the Agreement.

ARTICLE 14

To check whether a commodity originates, the Parties will be able, through the authorities competent of the other Party:

a. Submit questionnaires in writing to the exporter or producers ;

b. Require this authority to take the necessary arrangements to facilitate the realization of verification visits to the exporter or producer premises, with the aim of examining productive processes, the places used in production, as well as any other activities that may contribute to the verification of the origin of the goods in question.

c. Carry out other procedures that the Parties will come to decide.

The Parties agree to facilitate the realization of reciprocal external audits.

ARTICLE 15

For the purposes of this Attachment:

"materials" designates goods, raw materials, intermediate products, parts or parts used in producing another commodity ;

"NALADI/SH" designates Nomenclature of the Latin American Integration Association (ALADI) ;

"non-originating merchandise or material" designates a commodity or material that does not qualify as originating in this Annex ;

"producer" designates a person who plants, extracts, colhe, fishing, capturing, manufactures, manufactures, processes or assembs a commodity ;

"production" designates planting, extraction, harvesting, fishing, catching, hunting, manufacturing, processing or assembly of a commodity ;

"used" means used or consumed in the production of goods.

P Is N D I CE

Certificate of Origin

Latin American Integration Association (ALADI)

Country Exporter: Country Importer:

No. Of Order (1)	NALADI/SH and Trinidad and Tobago/SH	Description of Goods
Declaration of Origin Declared that the goods indicated in this form, corresponding to the Commercial Invoice no, comply with the established in the rules of origin of the Agreement (2), of compliance with the following unfolding:

No. Of Order	Norms (3)
Date: Social reason, stamp and subscription of the exporter or producer:

Observations:

Certification of Origin Certificates the veracity of this declaration, which stamp and assino in the city of: To: Name, stamp and signature of the Certificator Entity:

Notes: (1) This column indicates the order in which the goods are individualized in the gift Certificate. If it is insufficient, if you will continue individualizing the goods in supplementary copies of this certificate, correlatively numbered.

(2) Specifying whether it is a Regional Reach or Partial Reach Agreement, indicating register number.

(3) In this column, it will identify the standard of origin set out in the Agreement that each commodity individualized by their order number complies.

The form will not be able to present rasures, scribbles, or amendments.

REP01 + + +

DECREE NO 4,153, DE March 7, 2002 (*)

Disposes on the execution of the Agreement of Partial reach between the Federative Republic of Brazil and the Republic of Trinidad and Tobago.

Attachment (s)