DECREE NO 6,733, DE January 12, 2009.
Promulga the Seed Agreement between the Government of the Federative Republic of Brazil and the League of Arab States for the Installation of the Permanent Delegation of the League of Arab States in Brasilia, celebrated in Cairo, on April 23, 2007.
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 League of Arab States have celebrated in Cairo on April 23, 2007 an Agreement for the Installation of the Permanent Delegation of the League of Arab States in Brasilia ;
Considering that the National Congress has approved this Agreement through Legislative Decree no 276, of September 18, 2008 ;
Consideration that the Agreement entered into force on November 4, 2008, pursuant to its Article 29 ;
Art. 1st The Agreement of Sede between the Government of the Federative Republic of Brazil and the League of Arab States for the Installation of the Permanent Delegation of the League of Arab States in Brasilia, concluded in Cairo on April 23, 2007, 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 Agreement, 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, January 12, 2009 ; 188º of the Independence and 121º of the Republic.
LUIZ INACIO LULA DA SILVA
Samuel Pinheiro Guimarães Neto
HEADQUARTERS AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL
AND THE LEAGUE OF THE ARAB STATES FOR THE FACILITY OF THE DELEGATION
PERMANENT OF THE LEAGUE OF THE ARAB STATES IN BRASÍLIA
The Government of the Federative Republic of Brazil
The League of Arab States
(henceforth named as?Parts?),
Affirming the desire to strengthen its cooperative relations in all fields of mutual interest ;
Having regard to the strategic importance that the Parties attach to the increment of relations bilateral ; and
Having also taken into account the need for standards to be laid down to discipline the privileges and immunities to be granted to the Delegation of the League of Arab States in Brazil and to its employees,
Wake up the following:
The Parties establish, for the purposes of interpretation of this Agreement, the following conventions:
a)?Government?, designates the Government of the Federative Republic of Brazil ;
b)?League?, designates the League of Arab States ;
c)?competent authorities?, the authorities of the Federative Republic of Brazil in conformity with your laws ;
d)?headquarters?, the places and dependencies, by anyone who is their owner, occupied by the Alloy ;
and)?goods?, real estate, furniture, vehicles, rights, funds in any currency, havers, tickets, other assets and all that it can constitute the League's heritage ;
f)?files?, the correspondence, manuscripts, audio-visual material of any nature, so as all documents of ownership or in power of the League ;
g)?Head of Delegation?, the head of the permanent regional headquarters of the League in the city of Brasilia ;
h)?personnel framework?, the employees or contractors of the League who are not Brazilian nationals or do not have permanent residence in the Federative Republic of Brazil ;
i)?dependent?, the whole familiar who relies economically and is under the responsibility legal of the persons mentioned in points (g) and (h) of this Article, and
j)?local personal?, the employees hired by the League on Brazilian territory, for the execution of administrative or services tasks.
The League of Arab States will maintain, in the city of Brasilia, a permanent seat.
The League is endowed with legal personality and, in order to fulfil its purposes, it has the capacity to:
a) to take hiring ;
b) acquire movable and real estate, and possess financial resources, freely available from such features ;
c) carry out judicial or administrative procedures when so convier to your interests ;
d) have funds in current currency of any class and carry out their accounting in any divisa, in accordance with Brazilian legislation ; and
and) transfer your funds in current divisa within the country or abroad, according to the Brazilian law
The headquarters will be under the authority and responsibility of the League. However, the health regulations and other relevant national legal provisions, especially those related to the labor area, will be applicable.
The Government will not be liable for the acts or omissions of the League, or of any of the members of your personnel frame.
The headquarters and its files are inviolable. The competent local authorities will be able to enter the seat in the exercise of their duties with the consent of the Head of Delegation. In the case of fire or other accident that offer risk to public safety, the consent of the Head of Delegation is tacit. The Government shall adopt appropriate measures to protect the registered office against all intrusion or damage.
The registered office will not be used for purpose incompatible with the purposes and functions of the League. The League will not allow the seat to serve as a refuge for foraging or convicted persons in accordance with Brazilian legislation, or those whose extradition has been claimed by another country, or that they deal with elucidating judicial demarches.
The League and its assets will enjoy immunity from jurisdiction and enforcement in the territory of the Republic Federative of Brazil, except:
a) in the event of express resignation, by means of its Head of Delegation ;
b) in the case of a labor action or social follow-on interposed by an employee or former employee of the Mission ;
c) in the case of civil action interposed by third parties, for damages, injuries or death originating in accident caused by vehicle or aircraft belonging or used in the name of the League ;
d) in the case of traffic infraction involving vehicle belonging to the League or by it used, and
and) in the case of a counter-demand related directly with actions initiated by the League.
The League finds itself subject, in its hiring of local staff, to labor and labour law social welfare of the Federative Republic of Brazil.
The goods of the League in the territory of the Federative Republic of Brazil intended for installation operation of the seat of the Delegation, regardless of the place in which they meet and who has them in their power, will be exempt from:
a) every form of application, confiscation, and kidnapping ;
b) expropriation, save because of public utility qualified by law and in advance indenized ; and
c) all form of restriction or administrative, judicial or legislative interference, save when is temporarily required for the prevention or investigation of accidents.
The League is expected to hire, in the Federative Republic of Brazil, a insurance to cover the civil liability for damages caused to third parties.
1.A League, the Head of Delegation and members of the staff framework will be exempt from state tributes and municipal, concerning the places and dependencies of which they are owners, except when they constitute remuneration for public services.
2.A referred to tax exemption will not apply to taxes and fees which, according to the legislation Brazilian, whether they are responsibilities of people hired by the League or its Head of Delegation.
The League will be exempt from all class of customs duties, taxes and fees regarding the import and export of articles, publication and goods intended for the official use of the League, which will not be marketed in the Federative Republic of Brazil without the authorization of the Government.
The Head of Delegation and staff members will be exempt from payment of tributes feds, except:
a) of indirect taxes, usually included in the price of the goods or services ;
b) of taxes and fees on private real estate located in the Federative Republic of the Brazil, unless they are being used by the League ;
c) of taxes and fees on private tickets, included the capital gains, which have origin in the Federative Republic of Brazil and income taxes corresponding to investments made in commercial or financial companies in the Federative Republic of Brazil ;
d) of fees for remuneration for public services ;
e) of taxes on succession and transmissions required by the Federative Republic of Brazil, and
f) of the registration rights, judicial costs, mortgage and letterhead, save the provisions of Article 13.
1.Os members of the staff board who are not Brazilian citizens or who do not have residency permanent in the Federative Republic of Brazil, when they need to remain in the country by virtue of their duties, for a period not less than one (1) year and which have been accredited by the Government under Article 28, will be able to import, within six (6) months of their arrival, or export free of customs duties, taxes and fees, their goods and personal objects, which shall not be allowed to be marketed in the country, without authorization from the Government.
2.O Head of Delegation and members of staff board will not be exempt from fees relating to expenses for storage, transportation and other related port services.
The members of the staff board, with the exception of Brazilian citizens and the persons who have permanent residence in the country, will enjoy franchises for the importation of personal items of consumption under the prevailing standards in the Federative Republic of Brazil. The franchises will hear themselves in accordance with the provisions laid down by the competent authorities.
Members of the staff board who are not Brazilian citizens or do not have residency permanent in the country will enjoy the same facilities and exemptions in monetary and exchange rate matter which will be given to the similar branch employees of other international bodies on mission in the Federative Republic of Brazil.
1.O Head of Delegation and members of staff framework shall enjoy immunity from jurisdiction on acts, included their words and writings, performed by them in the exercise of their official duties and within the limits of their obligations, even after completed the period of their mission, save:
a) in the case of a civil action initiated by third parties for damages originating in an accident caused by a vehicle or aircraft of its property or directed by them, or in relation to a traffic infraction that involves the said vehicle and is by them committed ;
b) in the case of real action on private real estate radicated in the Federative Republic of the Brazil, unless they are in possession of the League and to comply with the ends of the League ;
c) in the case of a succession action in which the Head of Delegation or a member of the staff framework figure in private and not in the name of the League, as a testamentary executor, administrator, heir or legal officer, and
d) in the case of an action relating to any professional or commercial activity that had exercised before taking possession of their official duties.
2.O Head of Delegation and personnel board members will not be able to be the subject of any measure of implementation, except in the cases provided for in points (a), (b), (c) and (d) of paragraph 1 of this Article.
1.Os members of the personnel framework will enjoy the following privileges, exemptions and facilities:
a) inviolability of official documents and writings related to the performance of their functions ;
b) exemption from the restrictive immigration and registration arrangements of foreign nationals ;
c) facilities for repatriation, which in the event of international crisis awards to members of the personal of international bodies ;
d) income tax exemption or any direct tax on wages and emoluments paid by the Organism ; and
e) exemption from all personal provision and the obligations of military service or public service of any nature.
2.Os privileges, exemptions and facilities agreed under (b), (c), (d) and e) will not be granted to Brazilian citizens or permanent residents in the Federative Republic of Brazil.
3.Não will be permitted the exercise of paid activity by dependents of the Head of the Delegation and staff members of the staff in Brazilian territory, except if authorized by specific Agreement on the matter.
Understand that the Head of the Delegation, the members of the staff and dependents have the privileges, immunities and facilities set out in the Vienna Convention on Diplomatic Relations.
The League will take the appropriate measures for the solution:
a) of disputes arising from contracts or other matters of private law from which it is part, and
b) of disputes in which he forms part of the Head of Delegation or a member of the personnel framework which enjoy immunity on the grounds of their office.
1.A League will cooperate with the competent authorities to facilitate the administration of justice and to care by compliance with the laws.
2.Nenhuma provision of this Agreement should be interpreted as a pan for the adoption of appropriate security measures for the interests of the Government.
1.Os privileges and immunities recognized in this Agreement do not listen to the Head of the Delegation or members of the staff framework for their own benefit, but to safeguard the independent exercise of their duties.
2.A League has the right and the duty to waive the immunity granted, when the same comes to prevent it the course of justice. If the League does not renounce immunity, it should do everything possible to arrive at a fair solution to the dispute of which it is a party.
If the Government considers that there has been abuse of a privilege or immunity granted by virtue of the present Agreement, will hold consultations with the League in order to determine whether this abuse has occurred and in that case to prevent its repetition.
The number of personnel board members will not exceed the limits of what is appropriate to the good performance of the functions of the regional headquarters of the League in the Federative Republic of Brazil.
The League will be entitled to enjoy codes and dispatch and receive their correspondence so much by mail as sealed suitcases that will have the same immunity and privileges granted by the post office and suitcases of the diplomatic and consular representations based on the territory of the Federative Republic of Brazil pursuant to the Vienna Convention on Diplomatic Relations.
The League will notify in writing to the Government with the necessary anticipation:
a) the appointment of the Head of Delegation and staff members, as well as the hiring of local staff, indicating when to treat Brazilian citizens or permanent residents in the Federative Republic of Brazil. In addition, it will inform you when any of the people cited finish paying their duties in the League, and
(b) the final arrival and exit of the Head of the Delegation and the staff members, well as that of the members of their respective families.
The Government shall expedition to the Head of Delegation and members of the personnel framework, once it has received the notification of their designation, a document crediting their quality and specifying the nature of their functions.
1.Cada Contracting Party shall notify the other of the fulfilment of the respective legal requirements internal necessary for the entry into force of this Agreement, which shall be given 30 (thirty) days after the date of receipt of the second notification.
2.Este Agreement will have undetermined validity. Either Party may notify the other of its wish to denounce the present Agreement. The complaint shall take effect six (6) months after the date of receipt of the notification to the other Party.
The Parties, by mutual consent, will be able to make modifications and amendments to this Agreement and shall be subject to the procedure provided for in paragraph 1 of Article 29.
Done in Cairo on April 23, 2007, in two original copies, in the Portuguese, Arabic languages and English, being the equally authentic texts.
BY THE GOVERNMENT OF THE REPUBLIC
FEDERATIVE OF BRAZIL:
BY THE LEAGUE OF THE ARAB STATES:
Deputy Secretary-General for Political Affairs