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Decree No. 6634, November 5 2008

Original Language Title: Decreto nº 6.634, de 5 de Novembro de 2008

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DECREE NO 6,634, DE November 5, 2008.

Disposes on the National Council of Zones of Export Processing-CZPE, of which it treats art. 3o of Law no 11,508, of July 20, 2007, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC,in the use of the assignments that confers you the art. 84, incisos IV and VI, point?a?, of the Constitution, and in view of the provisions of Law no 11,508, of July 20, 2007,

DECRETA:

Art. 1o The National Council of Export Processing Zones-CZPE, governed by Law no 11,508, of July 20, 2007, the organ of the basic structure of the Ministry of Development, Industry and Foreign Trade, will be integrated:

I-by the Minister of State for Development, Industry and Foreign Trade, who will preside over him ;

II-by the State Ministers of Finance, Planning, Budget and Management, Integration National and the Environment ; and

III-by the Minister of State Chief of the Civil House of the Presidency of the Republic.

§ 1o In its fallout and impediments, the Minister of State for Development, Industry and Foreign Trade will be replaced in the Chair of the CZPE by the Minister of State of the Farm.

§ 2the Each member of the Board will indicate representative to replace it in its absences or impediments.

§ 3o The CZPE will have a Secretariat-Executive, directed by Secretary-Executive, indicated by the Minister of State for Development Industry and Foreign Trade.

§ 4o The Ministry of Development, Industry and Foreign Trade will provide the support administrative and technical need for the operation of the CZPE Executive Secretariat.

§ 5o The CZPE will meet, ordinarily, in the form defined in its internal regiment, and extraordinarily, per request from any of its members.

§ 6o The CZPE will deliberate upon resolutions, signed by its President and published in the Official Journal of the Union.

§ 7o CZPE decisions will be taken by the vote of the simple majority of its members, it is up to its President for the quality vote.

Art. 2the Compete to CZPE:

I-analyze the proposals for the creation of Export Processing Zones-ZPE and submit them to decision of the President of the Republic, accompanied by conclusive opinion ;

II-analyze and approve industrial projects, including plants' expansion initially installed ;

III-draw the upper orientation of the policy of the ZPE ;

IV-authorize the installation of companies in ZPE ;

V-approve the ratio of products to be manufactured in ZPE, according to their classification in the Common nomenclature of Mercosur-NCM ;

VI-set, in up to twenty years, the duration of the scheme under which it treats Law No. 11,508, 2007, for company authorized to operate in ZPE ;

VII-set criteria for large-vulto investment classification, for the purposes of inciso VIII ;

VIII-extend, for equal period, the time limit for dealing with inciso VI, in the cases of investment of large vulture that require long term of amortization ;

IX-establish the procedures for the submission of the proposals for the creation of ZPE and the industrial projects ;

X-define the assignments and responsibilities of the administration of each ZPE ;

XI-establish requirements to be observed by companies in the presentation of projects industrial ;

XII-approve the basic parameters for the technical evaluation of industrial projects ;

XIII-elaborate and approve your internal regiment ;

XIV-establish mechanisms for monitoring the impact, in the domestic industry, of the application of the regime of ZPE ;

XV-in the hypothesis of negative impact finding to the domestic industry related to the sale to the internal industrialized product market in ZPE, propose to the President of the Republic:

a) the increase in the percentage of gross revenue arising from export to the outside, of which it treats the art caput. 18 of Law No. 11,508, 2007 ; or

b) the sales fence for the domestic industrialized product market in ZPE, while persisting the negative impact on the national industry ; and

XVI-authorize, exceptionally, resale in the domestic market of raw materials, products intermediates and packaging materials purchased on the domestic market or imported by companies installed in ZPE, as provided for in § 7º of the art. 18 of Law No. 11,508, 2007.

§ 1o The internal regiment will have on the functioning of the CZPE, as well as on the detailing of their competencies and those of their units.

§ 2o The company installation request in ZPE will be made upon presentation of project, in the form established by the CZPE.

§ 3o The appreciation of the installation projects of companies in ZPE will be carried out accordingly with the protocol order in the CZPE.

§ 4o The Company may request to change the products to be manufactured, in the form established by CZPE.

Art. 3the Compete to the President of the CZPE:

I-convene the meetings of the Council ;

II-submit to the decision of the President of the Republic the proposals for the creation of ZPE analysed by the Advice, accompanied with conclusive opinion ; and

III-exercise other assignments that are delegated to it by the CZPE in the form of the regiment internal.

§ 1o The President of the CZPE will be able to practice the acts provided for in art. 2o, ad referendum of the Council, with the exception of the acts concerning the incisos I, III and XIII of the art. 2o.

§ 2o For the acts to be practiced ad refendum of the CZPE, the internal regiment may establish the form and the cases in which prior consultation will be required of the other members of the Council.

Art. 4the Compete to the CZPE Executive-Executive Officer:

I-provide technical and administrative support to CZPE ;

II-propose to CZPE the basic parameters for the technical evaluation of industrial projects ;

III-issue conclusive opinion on the proposals for establishing ZPE and the installation projects of companies in ZPE and expansion of the plant initially installed, forwarding them to CZPE ;

IV-monitor the installation and operation of the ZPE and the companies in them installed and evaluate their performance, in order to ensure compliance with the relevant standards and regulations and the conditions set forth in the approval of the projects, reporting to the CZPE ;

V-articular with other bodies and entities of the federal, state and municipal administrations, whenever necessary for the performance of your assignments ;

VI-inform and communicate to competent bodies on indications of irregularities in the installation and operation of ZPE and the companies in them installed ;

VII-co-ordinate promotion actions of the ZPE program ; and

VIII-exercise other tasks assigned to it by the CZPE, in the form of the regiment internal.

Art. 5o Until it is constituted the CZPE Executive Officer in the structure of the Ministry of Development, Industry and Foreign Trade, technical and administrative support to the Council will be provided in the manner provided for in the regimental structure of that Ministry.

Art. 6o This Decree goes into effect on the date of its publication.

Brasilia, November 5, 2008 ; 187o of Independence and 120the of the Republic.

LUIZ INACIO LULA DA SILVA

Miguel Jorge

Paulo Bernardo Silva

Carlos Minc

Greddel Vieira Lima