Decree No. 7604, Of 10 November 2011

Original Language Title: Decreto nº 7.604, de 10 de Novembro de 2011

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DECREE NO7,604, DE November 10, 2011

Alters Decree No. 7,567, of 15 of September 2011, which regulates the arts. 5º and 6º of the Provisional Measure No. 540 of August 2, 2011, and gives other arrangements.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the willing in the arts. 5º and 6º of Provisional Measure No. 540 of August 2, 2011,

D E C R E T A:

Art. 1º The Decree No. 7,567 of September 15, 2011, passes vigorously with the following changes:

" Art. 2º .....................................................................................

§ 1º ..........................................................................................

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III- ..........................................................................................

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b) realisation of investments in activities of innovation, research and technological development of product and process in the Country, corresponding to at least half a percent of total gross proceeds from the sale of goods and services, excluded taxes and contributions incidents on sale to be proven up to the date referred to in the caput; and

c) realisation of at least six of the following activities, in the Country, by the beneficiary company, by company by it contracted for that particular purpose or, yet, by supplier of the beneficial company, in at least eighty per cent of its vehicle production referred to in Annex I:

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§ 6º For the purposes of the provisions of paragraph "b" of the inciso III of § 1º, the comic of expenditure on the activities of innovation, research and technological development will be carried out in accordance with the established in act of the Ministry of Science, Technology and Innovation.

§ 7º Through June 30, 2012, the companies enabled to market products originating in industrialization under order to another enabled company may use, for the purposes of compliance with the provisions of paragraph 1º (a), the percentage of regional content of the Company contractor, including the vehicles produced under order.

§ 8º In the case of bodywork assembly or bodywork and cabin over chassis, which results product classified under codes 8704.2, 8704.3 or 8704.90.00 from TIPI, the reduction of which treats the caput can be enjoyed by the company performing the operation, regardless of habilitation and of fulfillment to the requirements of which it treats the inciso III of § 1º, provided that the manufacturer of the chassis has, as for this product, enjoyed the reduction of IPI under this Decree. " (NR)

" Art. 3º ...................................................................................

§ 1º The willing in caput applies:

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IV-only to imports of products from same brand of vehicles manufactured by the enabled company.

§ 2º In the case of imports carried out by account and company order enabled, IPI's aliquot reduction applies in the establishment outlet equated to industrial by force of art. 13 of Law No. 11,281 of February 20, 2006. " (NR)

" Art. 4th Stay provisionally enabled, up to 1º February 2012, all companies which, in the Country, manufacture products referred to in Annex I or hire their industrialization under order.

Single Paragraph. The company entitled under the caput can only enjoy the reduction of IPI aliquots if met the requirements of which they treat the letters "a" and "c" of the inciso III of § 1º of the art. 2º, and if it is in a situation of fiscal regularity. " (NR)

" Art. 5º .....................................................................................

§ 1º ...........................................................................................

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IV-will be declared by means of act of the Ministry of Development, Industry and Exterior Trade.

§ 2º The recipients of the habilitation provisional that it treats the art. 4º should apply to the Ministry of Development, Industry and Foreign Trade for final habilitation by January 16, 2012.

.............................................................................................. " (NR)

" Art. 10. ...................................................................................

Single Paragraph. The willing in the caput achieves only the "Ex" highlights expressly listed in Attachment V. " (NR)

" Art. 16. This Decree comes into effect:

I-on the date of its publication, as to the arts. 10, 14 and 15 ; and

II-as of December 16, 2011, how much to the other articles. " (NR)

Art. 2º The Decree No. 7,567, 2011, passes the vigorous addition of the following device:

" Art. 3º-A. The reduction in the IPI's aliquot applies to the products of which it treats Annex I, when imported to the ampar of the agreement promulgated by Decree No 6,518 of July 30, 2008.

§ 1º The willing in caput applies:

I-on customs disembarster and on the exit of the importer establishment ; and

II-to products that meet their respective requirements of the agreement referred to in the caput.

§ 2º In the case of the imports referred to in the caput being carried out on account and order, the IPI's aliquot reduction applies even to the establishment outlet equated to industrial by force of art. 13 of Law No. 11,281, from 2006. " (NR)

Art. 3º The Annexes I to VI to Decree No. 7,567, 2011, pass on vigorously with the constant essay of the Annexes I to VI to this Decree.

Art. 4º Annex V to Decree No 6,890 of June 29 de2009 passes vigorously with the constant essay of Annex VII to this Decree.

Art. 5º Stay fixed at zero the aliquots of IPI incidents on the products classified under codes 8704.10.10 and 8704.10.90 of TIPI.

Art. 6º The final habilitation requirements of which it treats § 2º of the art. 5º of Decree No. 7,567, 2011, if carried out by December 15, 2011, shall be considered as of December 16, 2011.

Art. 7º This Decree shall enter into force on the date of its publication.

Brasilia, November 10, 2011 ; 190º of the Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

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