Decree No. 5945, Of 26 October 2006

Original Language Title: Decreto nÂș 5.945, de 26 de Outubro de 2006

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DECREE NO 5,945, DE October 26, 2006.

Promulga the Memorandum of Understanding between the Federative Republic of Brazil and the Argentine Republic for the Establishment of a Permanent Mechanism for the Exchange of Information on the Circulation and Illicit Trafficking of Firearms, Ammunition, Explosives and other Materials Correports, celebrated in Buenos Aires on October 16, 2003.

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 Government of the Federative Republic of Brazil and the Government of the Argentine Republic celebrated in Buenos Aires on October 16, 2003, a Memorandum of Understanding for the Establishment of a Permanent Mechanism for Exchange of Information on the Circulation and Illicit Trafficking of Firearms, Munitions, Explosives and Others Material Correports ;

Considering that the National Congress passed this Memorandum through Legislative Decree no 291, of July 12, 2006 ;

Considering that the Memorandum entered into international vigor on July 14, 2006, in the terms of its paragraph 6 ;

DECRETA:

Art. 1st Memorandum of Understanding between the Federative Republic of Brazil and the Republic Argentina for the Establishment of a Permanent Exchange Mechanism of Information on the Circulation and Illicit Trafficking of Firearms, Ammunition, Explosives and other Materials Correports, celebrated in Buenos Aires, on October 16, 2003, attached by copy to the present 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 Memorandum, 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. 3rd This Decree goes into effect on the date of its publication.

Brasilia, October 26, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 10/27/2006

MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL REPUBLIC OF BRAZIL AND THE ARGENTINE REPUBLIC FOR THE ESTABLISHMENT OF A PERMANENT MECHANISM OF EXCHANGE OF INFORMATION ON CIRCULATION AND ILLICIT TRAFFICKING OF FIREARMS, AMMUNITION, EXPLOSIVES AND OTHER MATERIAL CORREPORTS

The Federative Republic of Brazil

and

The Argentine Republic,

(Dorward?the Parties?)

Convinced of the desirability of establishing a mechanism that improves the exchange of information on the circulation of firearms, ammunition, explosives and other materials correlated ;

Considering the initiatives contained in the United Nations Programme of Action to prevent, combat and eradicate the illicit trafficking of weapons in all its aspects, adopted in July 2001 ;

Taking into account the cooperation mechanisms established in the Inter-American Convention against fabrication and illicit trafficking of firearms, ammunition, explosives and other material correports, in particular the possibility of developing bilateral mechanisms of reciprocal cooperation ;

Convinced of the need to implement the MERCOSUR/CMC/DEC Decision No 7/98, which approves the ?Joint Buyer Registration Mechanization and Firearms Sellers, Ammunition, Explosives and Other Materials Correports?.

Wake up the following:

1. The Parties establish, by this Memorandum of Understanding, a permanent mechanism for exchanging information on the circulation of firearms, ammunition, explosives and other material correports, taking into account the provision in the Decision MERCOSUR/CMC/DEC No 7/98, which approves of?Joint Buyer Registration Mechanization and Firearms Sellers, Ammunition, Explosives and Other Materials Correports?.

2. The Parties identify as focal points, for the purposes of this mechanism, the General Coordination of Combating Transnational Illicit Drugs of the Ministry of Foreign Affairs of the Federative Republic of Brazil ; and the Direction of International Security, Nuclear and Spatial Affairs of the Ministry of Foreign Affairs, International Trade and Culto of the Argentine Republic.

-The Parties shall communicate by diplomatic all modification concerning focal points assigned.

-The focal point will be tasked with receiving information requests from the other Party and from pass on the corresponding responses as well as to formulate the information requests to the other Party and to receive their responses.

-The focal point will establish a system of communication with the internal enforcement authorities of that Part that allows for the exclaimed tender of the information requirements formulating the other Party.

-Every application for information will be remitted on form approved by the Parties that will contain the data needed to carry out the exchange of information.

3. The authorities of application of this mechanism shall be the bodies of each State which has competence in the control, marketing and monitoring of firearms, ammunition, explosives and other material correports, in the respective Parties.

By the Argentinian Party, it will be enforcement authorities:

-the Office of Interior Security at the Ministry of Justice, Security and Human Rights, with respect for requests for information relating to the issues contemplated in the MERCORSUR/CMC/DEC Decision No 7/98 ; and with respect to the identification of groups responsible for the illicit trafficking of firearms, ammunition, explosives and other materials related and their modus operandi ;

-the National Weapons Registry, with respect to information requests regarding data from registration and on import and export licenses of civilian use weapons ; and

-the Executive Secretary of the National Commission for Sensitive Exports Control and Material Belgium (Ministry of Defence), with respect to requests for information concerning data on import and export licences for weapons of military use ;

-on their part, the Intelligence Secretariat will advise the corresponding bodies regarding the identification of groups responsible for the illicit trafficking of firearms, ammunition, explosives and other correlated materials, and of their modus operandi.

By the Brazilian Party will be enforcement authorities:

-the National Ministry of Public Safety at the Ministry of Justice with respect to the requests of information on the issues contemplated in the MERCOSUR/CMC/DEC Decision No 7/98 ;

-The Direction of Combating the Organized Crime of the Federal Police, with respect to the requests of information regarding data on the registration of weapons of civilian use and on import and export licences of weapons of civilian use, within the framework of the National Arms System (SINARM) and regarding the identification of groups responsible for illicit trafficking of firearms, ammunition, explosives and other related materials and their modus operandi ;

-The Direction of Surveillance of Controlled Products of the Army Command (Ministry of Defense), with respect to information requests regarding data on import and export licences of civilian and military weaponisation ; and

-the Brazilian Intelligence Agency of the Institutional Security Office of the Presidency of the Republic (ABIN/GSI/PR), with respect to requests for strategic intelligence information regarding the identification of groups responsible for the illicit trafficking of firearms, ammunition, explosives and other related materials, and of their modus operandi.

4. Should the required information be part of a judicial investigation, in accordance with the provision in the Protocol of Mutual Legal Assistance in Criminal Affairs, firmed in Potreros de los Funes on June 25, 1996, and other current standards in the respective internal legal ordinations, the Parties shall provide further mutual judicial assistance for the investigation of offences relating to the illicit trafficking of firearms, ammunition, explosives and other material correlates, thus as for cooperation in judicial proceedings relating to criminal matters that tramway in the jurisdiction of

5. The Parties shall maintain the level of confidentiality of information as soon as it requires the Party to request or provide the information. Relaxation of this level of confidentiality will be authorized by the Party that has required the confidentiality treatment.

6. This Memorandum of Understanding shall enter into force as of the date of the second diplomatic note by which one of the Parties shall communicate the other to the completion of the internal procedures necessary for its implementation. The Memorandum of Understanding shall remain in force until the time one of its Parties communicates the other, by diplomatic means, its intention to terminate it.

Done in Buenos Aires, Republic Argentina, on October 16, 2003, in two originals, in Portuguese and Spanish, being both equally authentic texts.

_________________________________ BY THE FEDERAL REPUBLIC OF BRAZIL Celso Amorim Minister of Foreign Affairs

______________________________ BY THE ARGENTINE REPUBLIC Rafael Antonio Bielsa Minister of Foreign Affairs