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Decree No. 6471, June 4 2008

Original Language Title: Decreto nº 6.471, de 4 de Junho de 2008

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DECREE NO 6,471, DE June 4, 2008.

Promulga the Agreement on Grant of Visto Temporary for Medical Treatyto Citizens of the Community of Portuguese-speaking Countries, signed in Brasilia on July 30, 2002.

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

Considering that the National Congress has approved, through the Legislative Decree no 202, May 7 of 2004, the Agreement on Temporary Visa Assignment for Medical Treatyto Citizens of the Community of Portuguese-speaking Countries, signed in Brasilia on July 30, 2002 ;

Considering that the Brazilian Government has deposited the instrument of ratification of the said Agreement together with the CPLP Executive Secretariat on June 2, 2004 ; and

Considering that the Agreement entered into international vigor on the 1st of October 2003 and has gone on to vigorously for Brazil, on the external plan, on the 1st of July 2004 ;

DECRETA:

Art. 1st The Agreement on Temporary Visa Assignment for Medical Treatyto Citizens of the Community of the Portuguese-speaking Countries, attached by copy to this Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Agreement or which carries charges or written commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, June 4, 2008 ; 187º of the Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 6/5/2008

AGREEMENT ON THE GRANTING OF TEMPORARY VISA FOR MEDICAL TREATMENT TO CITIZENS OF THE COMMUNITY OF COUNTRIES OF PORTUGUESE LANGUAGE

Considering that one of the objectives of the CPLP constitution is to contribute to the strengthening of ties human, solidarity and fraternity between peoples who have in common the Portuguese language, foundation stone of their identity, and in this sense to promote measures that facilitate the movement of citizens of the Member States, in the space of CPLP ;

Considering the common interest in pursuing a policy of cooperation in order to strengthen each more special ties of Friendship that bring together the Peoples and Governments of CPLP ;

Taking into consideration the provisions of the Resolutions of Maputo and São Tomé on Citizenship and Circulation of People in the CPLP space ;

Considering still the provisions of the Final Announcements of the V and VI Council of Ministers held, respectively in Maputo and São Tomé on Citizenship and Circulation of People in the CPLP Space ;

The Republic of Angola, the Federative Republic of Brazil, the Republic of Cape Verde, the Republic of Guinea-Bissau, the Republic of Mozambique, the Portuguese Republic and the Democratic Republic of São Tomé and Principe, hereby agree to the following:

Article 1º

The Member States of the Community of Portuguese-speaking Countries shall hear reciprocally to their citizens seen temporary, from multiple entries, for medical treatment.

Article 2º

The visa that it treats this Agreement will have validity up to two years, at the discretion of the authority consular, and passable extension, for a minimum period of one year.

Article 3º

For the granting of the visa, in addition to the documents required for the order statement, will required:

1. Medical indication for treatment ;

2. Attestation that the applicant meets one of the following requirements:

a) ability to cost sufficient treatment and livelihoods for your maintenance during the duration of the treatment ;

b) valid health insurance in the national territory, which offers coverage for fulfillment specific ;

c) certificate of health service provision provided for in international agreement ;

d) another means of rebirth, when the treatment is carried out by the national health system.

3. The above documents should be authenticated.

Article 4º

1.Quando citizen of a CPLP Member State legally finds himself in the territory of another State Member and your state of health does not recommend your removal or displacement, the visa may be granted on the basis of this Agreement.

2.Tratando-if of situations caused by aggravation or traumas occurring after the citizen's entry into territory of a Member State of the CPLP and which carries the total impossibility of removal to another country, whether for implying imminent risk to the life and physical integrity of the patient, whether for representing threat to public health, the documents provided for in Article 3º of this Agreement will be submitted by medical report allowing to assess the health condition or impediment of displacement, as well as by document proving to be found to be the patient under medical responsibility.

3.O temporary visa application provided for in this article may be formalized by the spouse, son larger, legal representative or prosecutor of the citizen of a Member State of the CPLP.

Article 5º

The Member States shall adopt, as soon as possible, the internal arrangements necessary to the full duration of this Agreement, and shall communicate them to the Executive Secretariat of the CPLP.

Article 6º

1. Each Member State reserves the right to temporarily suspend the application of this Agreement on grounds of internal order, national security, public health or international obligations, giving the immediate knowledge to the rest Member states.

2. The suspension referred to in the preceding paragraph shall take effect as from the date of receipt of the notification by the Executive Secretariat.

Article 7º

1. Any Member State may denounce this Agreement, upon notification to the Executive Secretariat which shall in turn communicate to the other Member States immediately.

2. The complaint shall take effect 60 days after the date of receipt of the notification.

Article 8º

The doubts resulting from the interpretation or application of this Agreement shall be resolved by consensus between Member States.

Article 9º

1. This Agreement shall enter into force on the first day of the month following the date on which three Member States of the CPLP have deposited at the CPLP headquarters, together with the Executive Secretariat, the respective instruments of ratification or equivalent documents which links them to the Agreement.

2. For each of the Member States that will subsequently deposit, at the CPLP headquarters, together with the Executive Secretariat, the respective instrument of ratification or equivalent document binding it to the Agreement, the same shall enter into force on the first day of the month following the date of the deposit.

Article 10º

The original text of this Agreement shall be deposited at the headquarters of the CPLP, together with the Secretariat Executive, which will send certified copies of the same to the Member States.

Done and signed in Brasilia, on July 30, 2002

By the Republic of Angola

JOÃO BERNARDO DE MIRANDA

Minister of Foreign Affairs

By the Federative Republic of Brazil

CELSO LAFER

Minister of Foreign Affairs

By the Republic of Cape Verde

MANUEL INNOCENCE OF SOUSA

Minister for Foreign Affairs and Communities

By the Republic of Guinea-Bissau

FILOMENA MASCARENHAS TIPOTE

Minister for Foreign Affairs, International Cooperation and Communities

By the Republic of Mozambique

LEONARDO SANTOS SIMÃO

Foreign Minister and Cooperation

By the Portuguese Republic

ANTÓNIO MANUEL DE MENDONÇA MARTINS DA CRUZ

Minister for Foreign Affairs and the Portuguese Communities

By the Democratic Republic of São Tomé and Principe

ALDA FLAG TAVARES VAZ DA CONCEPTION

Foreign Minister and Cooperation