DECREE NO 5,736, DE March 27, 2006.

Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the French Republic on Employment Employee of the Relatives of the Agents of Official Missions of each State in the Other, celebrated in Paris, on May 28, 1996.

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 Republic French celebrated in Paris on May 28, 1996, an Agreement on Employment Employee of the Relatives of the Agents of Official Missions of each State in the Other ;

Considering that the National Congress has approved this Agreement through the Legislative Decree in 26, of May 7, 1997 ;

Considering that the Agreement entered into international vigor on the 1st of November 2003, in the terms of paragraph 1 of its Article XVI ;

DECRETA:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic on Employment Employee of the Relatives of the Agents of Official Missions of each State in the Other, concluded in Paris, on May 28, 1996, apense by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement or that, in the terms of the art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3º This Decree shall enter into force on the date of its publication.

Brasilia, March 27, 2006 ; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE RELATIVE FRENCH REPUBLIC TO THE PAID EMPLOYMENT OF THE RELATIVES OF THE OFFICERS OF THE OFFICIAL MISSIONS OF EACH STATE IN THE OTHER

The Government of the Federative Republic of Brazil

and

The Government of the French Republic,

Considering the particularly high stage of understanding and existing understanding between the two countries ; and

In the aim of establishing new mechanisms to strengthen their relations diplomatic,

Wake up the following:

ARTICLE I

The dependents of the employees of each of the states, serving on an official Mission of their Government in the other State in which it does not reside permanently are permitted to exercise remunerated activity in that country, provided that they fulfil the legislative and regulatory requirements required for the exercise of their profession, unless there is reasons of public order and national security.

ARTICLE II

For the purpose of this Agreement the following shall be:

-by "Official Missions", the diplomatic Missions governed by the Vienna Convention on Diplomatic Relations, April 18, 1961 ; Consular Repartitions governed by the Vienna Convention on Consular Relations of April 24, 1963 ; and the Permanent Representations of each of the States to the International Organizations that concluded an Agreement of Sede with the other State ;

-by "Agents", the members of these official Messions, nationals of the believing state and who possess the special stay document granted by the Brazilian Ministry of Foreign Affairs or the French Ministry of Foreign Affairs ;

-by "Dependents":

a) the spouse ;

b) the dependent children physically or mentally handicapped ;

c) single dependent children under 21 years old.

ARTICLE III

In the event that dependents wish to have a paid employment in Brazil or France, a official request should be submitted, in each case, by the Embassy of the Federative Republic of Brazil in France to the Protocol of the Ministry of Foreign Affairs or by the Embassy of the French Republic in Brazil, to the Cerimonial of the Ministry of Foreign Affairs.

ARTICLE IV

The application should indicate the identity of the postulant, as well as the nature of the employment requested employee. After verifying that the person meets the conditions of this Agreement and meets the necessary formalities, the said Ministries shall communicate to the corresponding Embassy, at the shortest possible time, whether the dependant is authorized to occupy the requested employment. In the 3 (three) months following the date of receipt of the authorization for employment, the Embassy shall provide the said Ministry with proof that both the employer and the employee are in accordance with the obligations imposed on them by the legislation previdence of the State of residence.

ARTICLE V

States agree, on the basis of reciprocity, to authorize the respective dependents of the agents of an official Mission of a State in the other State to occupy, in the latter, any appropriate employment, on the condition that they possess the professional diplomas and qualifications corresponding to the requested employment. The devices of this Agreement shall not be able to be construed as recognition, by the other Party, of diplomas with the aim of exercising a profession.

VI ARTICLE

In cases of professions whose access is conditional on specific regulation o dependent will not be excused from complying with it.

ARTICLE VII

With regard to dependents who have obtained authorization to exercise an activity remunerated by virtue of this Agreement and which are beneficiaries of the immunities of jurisdiction in civil and administrative matters, in accordance with Articles 31 and 37 of the Vienna Convention on Diplomatic Relations, the believing State shall renounce the such immunity for all matters concerning the activity of the dependent. In such cases, the believing state will also waive the immunity of execution of sentences, for which a specific waiver will be required.

ARTICLE VIII

In the case of a person who benefits from the immunity of jurisdiction by the application of the from Vienna on Diplomatic Relations being accused of having committed a criminal offence in relation to its activity, immunity of criminal jurisdiction will be suspended by the believing state if the state accredited the request and if the state believes judgment that the suspension of such immunity is not contrary to its essential interests.

ARTICLE IX

Every judicial process must be conducted without further inviolability of the person or the home.

ARTICLE X

The waiver of immunity from criminal jurisdiction will not be construed as a waiver to immunity of execution of the sentence, for which a distinct renunciation will be requested. The believing state will take into consideration such a request for resignation.

XI ARTICLE

Dependents authorized to occupy a salaried employment leave to benefit from the customs privileges provided for by Articles 36 and 37 of the Vienna Convention on Diplomatic Relations and Article 50 of the Vienna Convention on Consular Relations.

ARTICLE XII

A dependant who takes on a job will be submitted to the pension scheme in force in the State of residence.

ARTICLE XIII

The person authorized to occupy a job by virtue of this Agreement shall be exempt from any obligation provided for by the laws and regulations of the State of residence concerning the registration of foreigners and the permission of stay.

ARTICLE XIV

The authorization to occupy a employment, provided for by this Agreement, granted to a dependent on an agent, basket on the date of termination of the functions of this or, if applicable, from the time the beneficiary cees to have the quality of dependant.

XV ARTICLE

The persons authorized to occupy a salaried employment within the framework of this Agreement may refer to the exterior their salaries and other forms of remuneration under the conditions laid down for foreign workers by the legislation of the State of residence.

ARTICLE XVI

1. Each of the States shall notify the other of the fulfilment of the procedures required for the entry into force of this Agreement, which shall occur on the first day of the second month following the date of receipt of the last of these notifications.

2. This Agreement shall remain in force until the expiration of a period of 180 (one hundred and eighty) days after the written notification date of one or another State expressing its intention to denounce it.

Done in Paris on May 28, 1996, in two original copies, in the Portuguese languages and french, being both the equally authentic texts.

_______________________________________________

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

Luiz Felipe Lampreia

Minister of State for Foreign Affairs

____________________________________

BY THE GOVERNMENT OF THE FRENCH REPUBLIC

Hervé de Charette

Minister for Foreign Affairs