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Decree Nº 3757, Of 21 February 2001

Original Language Title: Decreto nº 3.757, de 21 de Fevereiro de 2001

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DECREE NO 3,757, DE February 21, 2001

Provides on the implementation of the Twenty-Fourth Additional Protocol to the Economic Supplementation Agreement No. 18, between the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, of 20 from November 2000.

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

Considering that the 1980 Treaty of Montevideo, which created the Latin American Integration Association (ALADI), firmed by Brazil on August 12, 1980 and approved by the National Congress through Legislative Decree No. 66, of November 16, 1981, provides for the modality of Economic Supplementation Agreement ;

Considering that, on the basis of the 1980 Treaty of Montevideo, the Economic Supplementation Agreement No. 18, was signed by the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, in Montevideo on November 29, 1991, and incorporated into the Brazilian legal order by means of Decree No 550 of May 27, 1992 ;

Considering that the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay firmed on November 20, 2000, in Montevideo, the Twenty-Fourth Additional Protocol to the Economic Supplementation Agreement No. 18, pursuant to the 1980 Treaty of Montevideo ;

D E C R E T A:

Art. 1º The Twenty-Fourth Additional Protocol to the Economic Supplementation Agreement No. 18, between the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, of November 20 of 2000, apse by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º This Decree goes into effect on the date of its publication.

Brasilia, February 21, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

ECONOMIC SUPPLEMENTATION AGREEMENT NO 18,

CELEBRATED BETWEEN ARGENTINA, BRAZIL, PARAGUAY AND URUGUAY

Twenty-fourth Additional Protocol

The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, accredited by their respective Governments second powers that have been bestowed in good and due form, deposited expeditiously in the General Secretariat of the Latin American Integration Association (ALADI),

CONSIDERING that the Common Market Council, through its Decision No. 3/00, deemed it timely to appropriate some aspects of the Origin Regime appearing in the Eighth, Fourteenth and Twenty-Second Additional Protocols to ACE 18,

CONVEEM IN:

Article 1º. -Replace the first paragraph of the inciso c) of Article 3 of Chapter III of the South Common Market Goods Origin Regulation, which is listed as Annex I to the Eighth Additional Protocol to ACE 18, henceforth "the Regulation", by the following text:

" Products in whose elaboration use materials not originating in the States Parties, when they result from a process of processing carried out on their territory that confuses to them a new individuality, characterized by being classified in the Common Nomenclature of MERCOSUR in different position to those mentioned materials, except in cases where the MERCOSUR Trade Commission considers necessary the highest value-added tariff position leap criterion of the 60%. "

Article 2º. -Incorporate as second paragraph of Article 4º of Chapter III of the Regulation the following text:

" 0 provisions set out in the preceding paragraph shall not be of application for products drawn up wholly within the territory of any of the States Parties, when in their elaboration they have been used, solely and exclusively, originating materials of the States Parties. "

Article 3º. -Replace the inciso c) of Article 10 of Chapter III of the Regulation by the following text:

" It may accept the intervention of third parties whenever, met the provisions of (a) and (b), whether to count on commercial invoice issued by the intervener and the certificate of origin issued by the authorities of the State Party exporter. "

Article 4º. -Aggregate as fourth paragraph of Article 16 of Chapter V of Regulation, the following text:

" 0 deadline set out in the preceding paragraph may be extended solely by the time in which the goods are amstopped by some suspensive import regime, which does not allow for any change in the subject goods of trade. "

Article 5º. -Replace Article 17 of Chapter V of the Regulation by the following text:

" Origin Certificates can only be issued from the date of issue of the corresponding commercial invoice, or during the sixties (60) consecutive days.

The Certificate of Origin shall present itself before the customs authority of the State Party importer at the time of the import dispatch. "

Article 6º.-Replace in the MERCOSUR Certificate of Origin Form approved by the Fourteenth Additional Protocol to ACE 18, the note appearing in the dorso, referred to the intervention of third parties operators by the following text:

" It may accept the intervention of third parties, whenever all the provisions laid down in this certificate are met. In such situations, the certificate will be issued by the authorized certifying entities, which will make it known as observation that it is an operation on account and order of the operator. "

Article 7º. -Replace, in the MERCOSUR Certificate of Origin Form, the third note listed in the dorso, referred to the issuance deadline, by the following text:

"0 present certificate must be issued from the date of issue of the corresponding commercial invoice or in the 60 consecutive days".

Article 8º. -Replace the text that identifies the specific origin requirement for the products of the chemical sector that figure in section 2 of Annex 2 of the Twenty-Second Additional Protocol to ACE 18, by the following text:

" Desumer shall comply with the requirement of origin set out in Article 3 of the General Regime and, when using materials not originating in the States Parties, shall obtain by means of a productive process that translates a modification molecular resulting from a substantial transformation and which creates a new chemical identity. "

Article 9º. -Until March 31, 2001 will be indistinctly accepted Certificate of Origin based on the current form model or in the new model that results from this Additional Protocol, provided that they have been issued from the issuance of the commercial invoice correspondent or in the 60 consecutive days.

The use of the new form will be mandatory starting from 1º April 2001.

The General Secretariat of the Latin American Integration Association (ALADI) will be the depositary of this Protocol, of which it will send duly authenticated copies to the signatory Governments.

IN FÉ DO THAT, the respective Plenipotentiaries sign this Protocol in the city of Montevideo, at the twenty days of the month of November two thousand, in an original in the Portuguese and Spanish languages, both texts being equally valid.

By the Government of the Argentine Republic:

By the Government of the Federative Republic of Brazil:

By the Government of the Republic of Paraguay:

By the Government of the Oriental Republic of Uruguay: