Decree No. 4153, 7 March 2002

Original Language Title: Decreto nº 4.153, de 7 de Março de 2002

Read the untranslated law here: http://legis.senado.gov.br/legislacao/ListaTextoIntegral.action?id=221765&norma=234404

Decree No. 4153, 7 MARCH 2002 adopts provisions concerning the performance of Partial Scope agreement between the Federative Republic of Brazil and the Republic of Trinidad and Tobago.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI) signed by Brazil on August 12 1980 and approved by the National Congress through Legislative Decree No 66, of 16 November 1981, provides for the Partial Range agreement of Economic Complementation;
Whereas the Plenipotentiaries of the Federative Republic of Brazil and the Republic of Trinidad and Tobago, on the basis of the Treaty of Montevideo of 1980, signed on 29 June 2001, in Brasília, the Partial Scope agreement between Brazil and Trinidad and Tobago;
D E C R E T a: Art. 1 the Partial Scope agreement between the Governments of the Federative Republic of Brazil and the Republic of Trinidad and Tobago, signed in Brasilia on 29 June 200 l, attached by copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 this Decree shall enter into force on the date of its publication.
Brasilia, March 7 2002; 181 of independence and 114 of the Republic.
FERNANDO HENRIQUE CARDOSO Celso Lafer PARTIAL RANGE AGREEMENT between the Federative 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 (hereinafter referred to as the "parties"), CONSIDERING: that article 25 of the Treaty of Montevideo of 1980 which the Federative Republic of Brazil is signatory part authorizes the Partial scope agreements with other countries and areas of Latin America's economic integration;
The Treaty establishing the Caribbean Community, signed at Chaguaramas on 4 July 1973, and amendments that are temporary or definitively, which in effect the Republic of Trinidad and Tobago is party-signed, allows, in article V of Protocol IV, the negotiation of bilateral agreements by any Member State, following its strategic and national interests so as not to undermine their obligations under that Treaty;
Recognizing the importance of the Memorandum of understanding between the MERCOSUR and the Republic of Trinidad and Tobago in the areas of trade and investment, signed between the parties;
In view of the rights and obligations of the parties of the Marrakesh Agreement establishing the World Trade Organization;
Taking into account the differences in levels of economic development of the parties agree as follows: chapter I ARTICLE 1 Objective the objective of this Agreement is to promote the bilateral trade flows through the exchange of tariff preferences between parties, cooperation in matters of trade and increasing participation of the private sector.
CHAPTER II imports Treatment ARTICLE 2 This agreement is based on granting tariff preferences, which consist of percentage reductions of tariffs applied to imports from third countries at the time of customs clearance of goods negotiated in this agreement.
ARTICLE 3 annexes I and II of the Agreement stipulate the tariff preferences and other conditions for the importation of products related to them are originating in the territories of the parties.
ARTICLE 4 tariff preferences take effect as from the entry into force of this agreement.
ARTICLE 5 the parties undertake to maintain the agreed tariff preferences for imports of the products traded in this agreement, regardless of the level of the tariffs applied to imports from third countries.
ARTICLE 6 the parties agree not to maintain or adopt new non-tariff measures or restrictions on trade of products traded in this agreement, except: a) the measures referred to in article 50 of the 1980 Montevideo Treaty;
b) of the measures that relate to work performed 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 and phytosanitary measures;.
ARTICLE 8 for the purposes of this agreement, the term "fees" should be interpreted as customs duties and any other charge that has the same effect, fiscal, monetary, exchange-rate or of any other nature, levied on imports. This concept does not include fees and similar charges that correspond to the approximate cost of services rendered.
ARTICLE 9 for the purposes of this agreement, the term "restrictions" should be interpreted as non-tariff measures of an administrative nature, foreign exchange, financial or of any other nature, whereby one party unilaterally creates obstacles to imports of the other party. Measures adopted as a result of the situations provided for in Article 50 of the 1980 Montevideo Treaty are not included in this category.
ARTICLE 10 The tariff preferences provided for in this Agreement shall not apply to used goods.
CHAPTER III rules of origin ARTICLE 11 the Parties shall apply to goods traded in this agreement the rules of origin specified in annex III of this agreement.
ARTICLE 12 certificates of origin issued by governmental authorities and other public bodies or private organisations officially authorised must accompany such goods.
CHAPTER IV safeguard measures ARTICLE 13 safeguards adopted under this Agreement shall include suspension or temporary reduction of tariff preferences established between the parties.
ARTICLE 14 Conducted the investigation by the competent authority, such measures are applicable to products imported under preferential treatment in the territory of one of the parties, in amounts and such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive goods.
ARTICLE 15 the safeguard measure will be valid two (2) years and shall be renewed for the same period, consecutively, under the conditions laid down in this chapter.
ARTICLE 16 the Part applying the safeguard measure shall notify the other party within a maximum of seven (7) working days from its adoption.
ARTICLE 17 the Party shall establish a quota on imports of the other party of the products traded in this agreement in order to maintain the quantitative level of imports of a recent period which should be interpreted as the average of the last three years for which there are statistics available. The granting of preferences and other provisions set forth in this Agreement shall be applied to such quotas.
ARTICLE 18 When an importing party considers the extension of the safeguard measure beyond the initial period of two (2) years referred to in article 15, this party shall start negotiations with the other party to set the terms and conditions under which that measure will continue to be applied.
ARTICLE 19 the Parties shall initiate the negotiations referred to in Article 18 with at least 60 days in advance at the end of the safeguard measure. In the absence of an agreement, the part that applies to safeguard measure must keep it for a further period of one year and shall preserve the quotas laid down in accordance with article 17.
ARTICLE 20 If at the end of the additional period referred to in article 19 to the importing party concludes that the measure is still necessary, the Parties shall reassess the tariff preference up originally to the product in question.
CHAPTER v. settlement of disputes ARTICLE 21 the controversies arising from the implementation of this Agreement shall be resolved through direct consultations between the parties. In the absence of an agreement within thirty (30) days from the notification of the dispute, the Parties shall bring the issue to the attention of the Committee established in article 22, which may establish or convene a group of experts for technical advice.
CHAPTER VI administration of the agreement ARTICLE 22 the parties agree to establish a Committee, hereinafter referred to as "the Committee", which shall 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 90 (90) days from the entry into force of this agreement. The Commission shall draw up its own rules of procedure.
ARTICLE 24 Committee assignments are the following: ensure compliance with the provisions of this agreement;
b) make recommendations to the parties with respect to disputes arising over the interpretation and application of this agreement;
c) keep this agreement under constant evaluation and recommend changes;
(d) promote the use of) this agreement by the private sector;
consider any other matter that parties consider necessary.
CHAPTER VII ARTICLE 25 Accession this Agreement shall be open for accession, by negotiation, the other Member countries of the Latin American Integration Association (LAIA) or the Caribbean Community (CARICOM).
ARTICLE 26 the accession will be formalized, after negotiation between the parties and the acceding country, by signing an additional protocol to this agreement, which shall enter into force thirty (30) days after your deposit with the General Secretariat of LAIA.
CHAPTER VIII

Term and deposit ARTICLE 27 the present Agreement shall enter into force when the Parties exchange communications in which State are completed the procedures required for the incorporation of this agreement to their legislation.
ARTICLE 28 the Government of the Federative Republic of Brazil shall deposit this agreement by the ALADI General Secretariat in line with the provisions of the 1980 Treaty of Montevideo and the resolutions of the Council of Ministers of LAIA.
ARTICLE 29 this agreement will have effect for a period of two (2) years. This period may be extended by agreement between the parties.
ARTICLE 30 the present agreement may be substituted to its expiration by an agreement of economic complementation between the MERCOSUR and the Republic of Trinidad and Tobago.
CHAPTER IX ARTICLE 31 Withdrawal any party may withdraw from this agreement by communicating his decision to the other party. The complaint will 180 (180) days from the date on which the Part there is notified of the complaint in writing to the other party.
CHAPTER X Amendments and modifications ARTICLE 32 Any of the parties may submit proposed amendment or modification of the provisions of this agreement to the Commission referred to in Article 22. The decision to amend should be taken by consensus and shall take effect with the acceptance of the parties.
ARTICLE 33 amendments or modifications to this agreement will be formalised through Additional Protocols.
In witness whereof, the undersigned plenipotentiaries, authorized in good and due form, have joined their signatures to this agreement.
Done at Brasilia, in June 2001, in two originals, in the Portuguese and English languages, both texts being equally valid.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ By the GOVERNMENT of the FEDERATIVE REPUBLIC of Brazil _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by the GOVERNMENT of the REPUBLIC of TRINIDAD and TOBAGO ANNEX III rules of origin ARTICLE 1 shall be regarded as originating in the parties the following goods: Goods wholly obtained or produced in the territory of one of the parties, namely: i. materials or products of the mineral, vegetable and animal kingdoms (including those derived from hunting and fishing) , extracted, harvested or caught, born in its territory or in its territorial waters, exclusive economic zones and equity;
II materials and products taken from the sea outside its territorial waters, exclusive economic zones and equity, by ships of their national flag legally registered or hired by companies regularly established in their territory.
(b) Goods produced in the territory) of one of the parties, exclusively using materials originating in their territories;
Goods produced using materials from countries not participating in the agreement, where as a result of a transformation process carried out in one of the parts that they confer a new individuality, characterized by a change of tariff heading.
Such goods shall not be regarded as originating in the parties when those operations or processes that are used exclusively non-originating materials consists only in single mounts or dovetails, Division into lots, pieces or volumes, selection and classification, labelling, composition of assortments of goods or other operations or similar processes.
Goods resulting from Assembly or Assembly held in the territory of one of the parties using materials originating and non-originating materials shall be considered as originating when the CIF value at the destination port or CIF sea port of materials originating in third countries do not exceed 50% of the FOB value of exports of these goods.
d. If the requirement established in the letter c) above cannot be met, the goods originating and non-originating materials using shall be regarded as originating in the parties when the CIF value at the destination port or CIF sea port of materials originating in third countries do not exceed 50% of the FOB value of exports of these goods.
e) packing materials and "containers" in which the merchandise is packaged for retail sales, in accordance with the general rule 5. (b)) of the harmonized system, shall not be considered when determining the non-originating materials used in the production of goods that comply with the tariff change rule.
When the merchandise is subject to regional content requirement, the value corresponding to the packing materials or "containers" non-originating materials shall be taken into consideration for the calculation of the regional value content of the goods.
ARTICLE 2 the parties may establish, by mutual agreement, specific origin requirements. These requirements shall prevail over the General requirements established in the previous article.
ARTICLE 3 in the definition of the specific requirements referred to in article 2, or in the review of that there already been established, the parties will take into account, individually or jointly, among others, the following elements: a. materials used in the production: i) raw materials: i. major raw material or that gives the product its essential character; and (II). Main raw materials.
II) parts or parts: i. part that gives the product its essential characteristics;
II. Parties or main parts; and (III). Percentage of parts or pieces in relation to the total weight.
b. Any type of transformation or processing of goods.
c. value of regional content.
Either party may request a review of the criteria set out in Article 1. To that end, the Party shall substantiate its request to the other party and present the proposal for new terms of reference for the product or products in question.
ARTICLE 4 for the purposes of determining whether a good is originating, its production in the territory of one or both parties by one or more producers should be considered as having been carried out in the territory of a party by the exporter or producer, provided that the goods comply with the provisions of this Annex.
ARTICLE 5 to ensure that the goods included in this agreement if benefit of tariff preferences, the same must be shipped directly from the exporting country to the importing country and be accompanied by the corresponding certificate of origin. To such effects, it is considered as direct shipment: a) goods transported without passing through the territory of any country non-participant of this agreement;
b) goods transported in transit through one or more non-participating countries, with or without trans-shipment or temporary storage, under the supervision of the competent customs authority in those countries, provided that: i. the transit is justified for geographical reasons or considerations;
II. are not intended for trade, use or employment in the country of transit;
III. do not suffer during transport and storage, any operation other than the loading, unloading and handling of goods; and iv. the unloading or handling are made only to keep the goods in good condition or to ensure its proper preservation.
Operator intervention of third country should be permitted where these comply with the provisions set out in items a and b of this article and provided that such goods are accompanied by a commercial invoice issued by the intervener and the corresponding certificate of origin.
ARTICLE 6 the certificates of origin shall be issued only by governmental authorities of the parties. This attribution may be delegated to other public or private organisations, active in national or State jurisdiction, hereinafter "officially authorised entities".
A governmental authority in each Party shall be responsible for checking and controlling the issuance of certificates of origin.
ARTICLE 7 the Parties shall through its governmental authorities officially authorised entities empowered to issue certificates of origin, with the registration and facsimile of their accredited signatures for this purpose.
ARTICLE 8 the certificate of origin is the document that certifies the origin of the goods. The certificate must meet the following requirements: a. be issued by governmental authority or by officially authorized entity;
b. identifying the goods to which it relates;
c. indicate clearly that the goods in question is sourced the Part, in accordance with the provisions of this Annex.
ARTICLE 9 the request certificate of origin must be preceded by a sworn declaration, or other legal instrument having equivalent effect, signed by the producer end, on which shall be indicated the characteristics and components of the product, the description of the production process and, at a minimum, the following requirements: a. company or trade name;
b. address or legal domicile and industrial premises;
c. Description of the exported goods and tariff position expressed in NALADI/SH;
d. FOB value;
e. Description of the production process;
f. Elements product components statements indicating: i. Material, component and/or originating parts.
-Material, component and/or parts originating in another Part:-tariff positions expressed in NALADI/SH;
-CIF value in U.S. dollars;
-Percentage of participation in the final item.
III. Material, and/or component parts and pieces from embedded in non-originating goods:

-tariff positions expressed in NALADI/SH;
-CIF value in U.S. dollars;
-Percentage of participation in the final item.
The description of goods on the Declaration or equivalent instrument should match the description established in NALADI/SH, apart from that on the commercial invoice and the certificate of origin.
In the case of goods which are exported on a regular basis and whenever its components, processes and materials are not changed, the same declaration shall be valid for 180 (180) days from the date of its issue, and may be used for the issue of certificates of origin during this period.
ARTICLE 10 Certificates of origin shall be issued in Portuguese and English, and archived for a period of two (2) years from the date of issue and the serial number.
Officially authorised entities of the Parties shall maintain a permanent record of the certificates of origin issued. This record shall contain at least the number of licences, the applicant and the date of issue.
Certificates of origin shall be valid for 180 (180) days and shall be issued solely in the form in annex. This period may be extended exclusively during the time when the goods are placed under a suspensive procedure of imports which does not allow any change of the goods in question.
All fields of the certificate of origin must be properly completed, under penalty of nullity.
ARTICLE 11 in the case of doubts about the veracity of the information and the authenticity of the certificate of origin, the competent authorities may request the governmental authority responsible for the control and verification of certificates of origin by the other party additional information to clarify the issue.
In any case, the parties to stop the process of importation of the goods in question.
Meanwhile, the parties may adopt the measures they deem necessary to ensure their interest.
ARTICLE 12 the governamerntal authority responsible for control and verification of certificates of origin should provide the information referred to in Article 11 within 60 (60) business days from the date of receipt of the corresponding communication. The information provided will receive treatment confidential and will be used exclusively to clarify such issues.
ARTICLE 13 where the information provided is found to be unsatisfactory, the authorities of the importing party may suspend further transactions relating to goods, companies and operations involving the certification entity in question, including those in the process of customs clearance.
In this case, the authorities of the importing country shall submit the matter to the Commission, referred to in Article 22 of the agreement.
ARTICLE 14 to check whether a product is originating, the parties may, through the competent authorities of the other party: a. Submit a written questionnaires to the exporter or producer;
b. require that authority to take the necessary measures to facilitate the carrying out of verification visits at the premises of the exporter or producer, aiming to examine the production processes used in the production, as well as any other activities that may contribute to the verification of the origin of the goods in question.
c. Perform other procedures as the parties may decide.
The parties agree to facilitate the achievement of reciprocal external audits.
ARTICLE 15 for the purposes of this Annex: "materials" means goods, raw materials, intermediate products, parts or parts used in the production of other goods;
"NALADI/SH" means nomenclature of the Latin American Association of integration (ALADI);
"goods or non-originating material" means a good or material that does not qualify as originating according to this Annex;
"producer" means a person, plant extracts, harvesting, fishing, trapping, hunting, manufactures, processes or assembles a good;
"production" means planting, extraction, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling a good;
"used" means used or consumed in the production of goods.
The P is N (D) (I) EC certificate of origin Latin American Integration Association (LAIA) exporting country: importing country: No. To order (1) NALADI/Trinidad and Tobago/SH and SH description of goods Origin Declaration we declare that the goods indicated in the present form, corresponding to the commercial invoice number, comply with the provisions in the rules of origin of the agreement (2), in accordance with the following breakdown: No. (3) Rules order date: company name, stamp and signature of the exporter or producer: Observations: certification of origin Certify the veracity of this statement, that stamp and sign in the city of: To: name, stamp and signature of the Certifying Entity: Notes: (1) this column indicates the order in which they are individualized goods included in this certificate. If it is insufficient, if continue individualizing the goods in additional copies of this certificate, numbered correlatively.
(2) Specify whether it is a Regional Reach Agreement or Partial range, indicating registration number.
(3) This column will identify the source standard established in the agreement that each individual merchandise for your order number.
The form cannot submit deletions, doodles or amendments.

REP01 +++ Decree No. 4153, of 7 MARCH 2002 (*) on the implementation of the agreement of Partial Scope between the Federative Republic of Brazil and the Republic of Trinidad and Tobago.


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