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Decree No. 5,561, October 10 2005

Original Language Title: Decreto nº 5.561, de 10 de Outubro de 2005

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DECREE NO 5,561, DE October 10, 2005.

Promulga the Road Transport Agreement International of Passengers and Cargas between the Governments of the Federative Republic of Brazil and the Cooperativision Republic of Guyana, concluded in Brasilia on February 7, 2003.

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 Cooperativision of Guyana celebrated, in Brasilia, on February 7, 2003, an International Road Transport Agreement of Passengers and Cargoes ;

Considering that the National Congress has approved this Agreement through the Legislative Decree in 349, of May 25, 2005 ;

Considering that the Agreement entered into force, internationally, on June 13, 2005 ;

DECRETA:

Art. 1º The International Road Transport Agreement of Passengers and Cargoes between the Governments of the Federative Republic of Brazil and the Cooperative Republic of Guyana, concluded in Brasilia, on February 7, 2003, apensed 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, as well as any further adjustments which, pursuant to 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, October 10, 2005 ; 184º of the Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

INTERNATIONAL PASSENGER ROAD TRANSPORT AGREEMENT

AND LOADS BETWEEN THE GOVERNMENTS OF THE FEDERAL REPUBLIC

DO BRAZIL AND THE COOPERATIVISION REPUBLIC OF GUIANA

The Government of the Federative Republic of Brazil

and

The Government of the Cooperation Republic of Guyana

(henceforth referred to as "Contracting Parties"),

In view of the convenience of counting with a legal instrument that regularizes transportation road passenger and cargo between the two countries and set the fundamental principles of reciprocity capable of integrating and supplementing their legitimate interests in that sector of activities ;

Agree on:

ARTICLE 1

The terms of this Agreement shall apply to the international road transport of passengers and cargo between the Contracting Parties both in direct transport and in transit to third countries.

ARTICLE 2

For the purposes of this Agreement, it is understood by:

1) Transportation by highway:

the commercial transportation effected by vehicles emploing highways as a road infrastructure ;

2) International road transport:

the transportation by highway that, on its path, crosses at least one point on the border between the two countries ;

3) commercial transport:

the public passenger and cargo transportation service carried out by an authorized conveyor, on account of third parties and upon retribution ;

4) Transport of passengers:

the service carried out for the transfer of people, in a regular manner or by charter, according to the itineraries, schedules and frequencies approved from the place of origin to the place of destination and between cities of two or more countries ;

5) Cargoes:

all merchandise that can be the subject of commercial transport ;

6) Vehicle conveyor passenger vehicle:

artifact, with the elements constituting the normal equipment for transportation, intended for transporting passengers by highway, upon own traction ;

7) Vehicle conveyor of cargo transportation:

artifact, with the elements constituting the normal equipment for transportation, intended for carry loads by freeway, upon own or susceptible traction of being towed ;

8) Crew:

personnel employed by conveyor and accredited by this one, which accompanies the vehicle in its operating ;

9) carrier company:

legal person, legally constituted, including cooperative, authorized, in the terms of the present Agreement, to carry out international road transport ;

10) Credential individual transporter:

physical person carrying out transportation under the responsibility of a carrier authorized to operate in international transport, pursuant to this Agreement ;

11) Transportation of own charge:

transport carried out by companies whose principal commercial activity is not cargo transport remunerated, carried out with vehicles of your property, and which applies exclusively to the load they use for their consumption or for distribution of their products.

ARTICLE 3

Stay authorized the entry and exit of vehicles of the Contracting Parties carrying on passengers or cargo through the border-enabled points on the basis of reciprocity, in accordance with the laws and regulations existing in each country and under the conditions set out in this Agreement and its Annexes.

ARTICLE 4

Authorized conveyors of one of the Contracting Parties shall not be able to carry out domestic transport in the territory of the other under penalty of cassation of the authorization of internationa

ARTICLE 5

The provisions of this Agreement shall not, in any case, represent restriction on facilities on border transport that will be able to grant each other to the Contracting Parties.

ARTICLE 6

The authorizations referred to in Article 3 shall only be given to vehicles that transition under the responsibility of authorized carriers, who have obtained authorizations, comply with the legislation of the country to whose jurisdiction they belong, as well as the standards of guarantee of entry, return, transit and transport of each Party Contractors.

ARTICLE 7

1. Except for the special provisions of this Agreement and its Annexes, authorized transporters, employed personnel, vehicles, equipment and services they provide, shall be subject to all the standards and regulations in force in the territory of each country, recognizing each of the Contracting Parties the right of the other to prevent the provision of service within its territory, when the conditions and requirements set out in its legislation are not met.

2. The Contracting Parties will be able to establish additional understandings on specific unforeseen conditions whose differences may cause operational difficulties.

ARTICLE 8

Each Contracting Party shall apply on its territory to carriers, vehicles and crews of the other Party the same legal and regulatory provisions that apply to those of your own country for the transport object of this Agreement.

ARTICLE 9

Vehicle vehicles should check border crossing solely through the enabled points by the Contracting Parties.

ARTICLE 10

The Contracting Parties shall determine at any time the points enabled in passing of the border, routes, itineraries and terminals to be used within their territories, which should be those that offer the best operating conditions, providing the lowest transportation costs, always in accordance with the principles set out in this Agreement. The said determination of boundary crossings, itineraries and terminals will be considered, for practical purposes, as an integral part of this Agreement.

ARTICLE 11

1. The loads transported shall be submitted, at the authorized frontier points, to the corresponding customs dispatch, in accordance with the current legislation in force of each Party.

2. The Contracting Parties shall grant facilities, in border customs, to vehicles and containers which are closed with their lacres intact. If it is necessary, customs can place its own lacre.

ARTICLE 12

1. Vehicles and their equipment must leave the country in which they have entered into the deadlines that have been agreed upon, maintained the same characteristics verified at the time of entry.

2. In the event of a duly substantiated accident, the customs authorities will allow the country to leave the vehicles which have suffered irreparable damage, after determination in that sense and authorization by the competent authorities specialized in transit, whenever:

a) the owner submits himself to the payment of the duties and written duties of importation required ; or

b) have been abandoned by the crew and that the carrier or the person concerned has met with all the legally contracted obligations in the country in which the accident occurred.

ARTICLE 13

The crew of the vehicles should be amstop by documentation that allows you to exercise of their duties and shall be provided to you by the competent authorities of the country to which you belong, which shall be recognized by both Parties.

ARTICLE 14

Each Contracting Party shall keep the other informed about the dimensions, maximum weights and other technical standards required in its territory for the internal movement of vehicles.

ARTICLE 15

Transportation carriers will be required to hold transportation risks, in relation to third parties and the crew. Each Contracting Party shall adopt internal legislative measures allowing the issuance of certificates of insurance policies with international validity. The insurance with which they must count the companies of one of the Parties may be hired in the country in which the vehicle is temporarily interned, or in the country of origin of the same, obeying the principle of reciprocity. In the latter case, you should hold insurance for insurance an entity or body of the country where you are temporarily interacting.

ARTICLE 16

The Contracting Parties will be able to allow the movement of vehicles whose characteristics, or those of their loads, whether special or different from those established in their respective legislations, with prior procedure of the corresponding special authorizations attached to

ARTICLE 17

The specific or operative provisions governing different aspects understood in the present Agreement shall be subject to standards contained in Annexes, which refer to the organizational and operational, insurance, migration and customs aspects forming part of this Agreement, on whose compliance shall be responsible for the bodies competent of each country.

ARTICLE 18

The Contracting Parties will be able to conclude complementary instruments to this Agreement on the different aspects in it considered, especially with regard to reciprocity criteria in authorizations and on other technical and operational aspects. The aforementioned instruments will in no case be able to counteract or cancel the devices of this Agreement.

ARTICLE 19

1. The Contracting Parties shall designate as Competent National Bodies responsible for the fulfillment of this Agreement:

a) in Brazil: the National Land Transport Agency of the Ministry of Transport ;

b) in Guyana: the "Ministry of Home Affairs".

2. The Contracting Parties shall, by diplomatic means, constitute a Commission designed to periodically assess the implementation of this Agreement and to suggest the amendments which it deems necessary to incorporate to the Annexes. The Commission shall meet once a year, by convocation of either Party, upon prior notification formulated with 60 (sixty) days in advance, or extraordinarily, when it is necessary.

ARTICLE 20

Each of the Contracting Parties shall notify the other of the conclusion of the legal requirements internal necessary for the approval of this Agreement, which shall enter into force on the date of the last notification.

ARTICLE 21

The controversies that may arise between the Contracting Parties, by virtue of the interpretation and of the implementation of this Agreement, will be resolved upon direct negotiations carried out by diplomatic means.

ARTICLE 22

This Agreement may be denounced by any of the Contracting Parties, by way of diplomatic, in which case it will cease in its effects 6 (six) months after the date of the respective notification.

ARTICLE 23

The present Agreement may be modified by understandings of the Contracting Parties. The modifications, once notified by diplomatic route, will enter into force in the manner indicated in Article 20.

Done in Brasília, on February 7, 2003, in two original copies, in the languages Portuguese and English, being both equally authentic texts.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL CELSO AMORIM Minister of State for Foreign Affairs

THE GOVERNMENT OF THE COOPERATIVE REPUBLIC OF THE GUIANA JAMES ROCHEE Member of Parliament and Minister for Foreign Trade and Cooperation International

ANNEX I

Organizational and Operational aspects

CHAPTER I

Outorga of Permissions

ARTICLE 1

The implementation bodies of the Agreement will hear original permission to companies carriers of their jurisdiction and supplementary permission to carriers under jurisdiction of the other Contracting

ARTICLE 2

The original permissions will be outored whenever the carrier company is organized in accordance with the law of the country of its jurisdiction.

ARTICLE 3

The permission given by one of the Contracting Parties to a carrier company of its jurisdiction shall be considered by the other Contracting Party as an accreditation that the carrier company brings together the qualities of suitability and technical, operational and financial capacity, which are required of public service providers.

ARTICLE 4

For supplementary habilitation, the carrier company is expected to submit to the other Party Contractor, within 120 (one hundred and twenty) days after the date of dispatch of the original permit:

a) certificate of original permission on request by the competent authority of the respective application body, in accordance with the forms I and II ;

b) public proxy instrument, nominating and constituting legal representative of the carrier company, with full power to represent it in all administrative and judicial acts in which it must intervene in the jurisdiction of the other country, to be washed in accordance with the terms indicated by the respective bodies of enforcement ;

c) the civil liability insurance policy of the vehicles.

ARTICLE 5

Since the carrier company fulfils the requirements of Article 4, it will have its authorization which guarantees it that it may operate international road transport, committing both Contracting Parties to avoid any restrictive measures of economic character that may hinder the free access of businesses carrier enabled in that transport.

ARTICLE 6

Any changes haven in the constitution and representation of the carrier company enabled, as well as in the relation and identification of the authorized fleet, will be processed in the country body of origin and communicated to the other Contracting Party via fax or telex.

ARTICLE 7

The outorga and cancellation of the original and complimentary permissions will obey the conditions and mutually established terms of validity, met the principles of uniformization and simplification of criteria.

CHAPTER II

Rates, Rights and Chapter Identifiers

ARTICLE 8

1. Each Contracting Party shall waiver the authorized carriers of the other Party of the payment of duties and fees regarding the movement and licensing of their vehicles.

2. Nothing in this Article will be regarded as exemption from fees charged for specific public services effectively rendered.

3. The vehicles of the companies mentioned in this Article shall be provided with identifier plate by the country of origin, which shall be recognized as valid by the other Contracting Party.

CHAPTER III

Vehicles and Fixed Installations

ARTICLE 9

The vehicles and fixed installations (mechanical workshops and depots) enabled by one of the Contracting Parties shall be recognized as fit for the provision of service by the other Contracting Party whenever, in relation to the vehicles, the dimensions, maximum weights and other technical requirements adjust to the precepts that vigorously apply in the other Part Contractor ressalvaged the provisions of Article 16 of the Agreement.

CHAPTER IV

Mechanical Surveying

ARTICLE 10

Each Contracting Party recognizes to the other the right to exercise mechanical inspection of the enabled vehicles, as well as to prevent the provision of service of every vehicle that does not offer the safety conditions required by the respective traffic and road transport regulations.

CHAPTER V

Controls

ARTICLE 11

Each of the Contracting Parties shall carry out the full control of the operations of all authorized carrier companies, on their own territory, informing the other of the results concerning the carriers of their jurisdiction.

ARTICLE 12

The authorized carriers, whatever their jurisdiction of origin, will be required to submit to each of the application bodies provided for in Article 19 of the Agreement the accounting and statistical information, as per uniform standards and instructions to be established by mutual agreement.

ARTICLE 13

The Contracting Parties agree to establish standardized transportation documents international road (documents of suitability originating and supplementary and document for the description of vehicles).

ARTICLE 14

1. The documents and forms of operational character provided for in this Annex will be written in the Portuguese and English languages, and their validity independs on consular visa.

2. To this end, the "fac-symiles" of the signatures and the models of signings or stamps of the competent authorities and bodies will be reciprocally provided upon exchange of specific information.

CHAPTER VI

Infractions and Santions

ARTICLE 15

The infractions to the legal and regulatory devices committed by companies authorized carriers shall be ascertained and punished in accordance with the legislation of the Contracting Party on whose territory they have occurred, regardless of the jurisdiction of the responsible carrier company.

Reserved Space for the Country Arms Shield and Organism Name

I FORM I

Authorization Document

1. Idoneity Document No

2. The (responsible authority) of the (responsible body) certifies that, in line with the International Road Transport Agreement of Passengers and Cargoes, the under-designated company is under the jurisdiction of this country and makes it clear that it authorizes the international transportation by highway, in the following terms:

3. Name and legal domicile of the company:

4. Nature of transport (passengers or loads):

5. Traffic modality to be effected: bilateral with common border traffic.

6. Source and destination of transport:

7. Itineraries and times (in the case of passengers):

8. Duration:

9. Attachments: description documents of vehicles.

10. Outored in ............................ in ...... of ...................... of ....... .

II FORM

Vehicle Description Documents

Company:

Source / Destination:

Idoneity Paper No.:

Type

Year

Brand

Model

Chassis

Axes

Maximum Traction Capacity

Payload Capacity

Tara

Plate

ANNEX II

Aspects of Insurance

ARTICLE 1

The obligation to hire insurance for companies that carry out transport international, provided for in this Agreement, shall extend to the owners or drivers of the vehicles intended for the carriage of their own cargo, however limiting it to civil liability for injuries, death or damage to untransported third parties. Any increase in the obligation to hire insurance and the extent of the coverage should be negotiated and accepted by the responsible authorities of the two countries.

ARTICLE 2

The foreign exchange control authorities of each Contracting Party shall authorize the transfers of insurance premiums and payments on the grounds of claims for claims and expenses, in compliance with the one established in this Agreement

ARTICLE 3

The Contracting Parties obligate to interchange information regarding standards in force or to those who come to be dictated in the future on the civil liability and insurance to which this Agreement refers, as well as to the impositive or other character provisions that record the premiums charged on account of the insurers who take over responsibility for the risks abroad, but also those engravings with respect to which the mentioned operations will be exempt. For this purpose, the application standards will tend to favour the development of international transport insurance activity and avoid double taxation.

ARTICLE 4

For the presentation to the control authority, the insurers who take over the coverage will provide their representatives in the other country with coverage certificate forms, with the following data: name and address of the insurer, corresponding numbering, name and address of the transport company, individualization and characteristics of the vehicle, period of coverage, covered risks, insured importances, place and date of issue, name and address of the representative and signature of the same.

ARTICLE 5

1. The minimum coverage values set out by this Agreement are as follows:

a) for damages to third parties not transported:

a.1) death and personal damage: US$ 20,000.00 per person ;

a.2) material damage: US$ 15,000.00 for good ;

Limit per sinister or catastrophe: US$ 120,000.00

b) for damage to passengers:

b.1) death and / or personal injury: US$ 20,000.00 per person ;

b.2) material damage: US$ 500.00 per passenger ;

Limit by sinister or catastrophe: US$ 200,000.00, for death and / or personal injury and US$ 10,000.00 for material damage.

2. You can be freely agreed between insured and insurers values higher than the minimal constants in this Agreement.

ARTICLE 6

Will be valid for civil liability insurance covered by the insurers of the country of origin, provided that they have agreements with insurers in the other country, for the settlement and payment of claims, in accordance with the laws of each country.

ARTICLE 7

1. For the purpose of instrumenting the Articles that precede will be promoted agreements between insurers or reinsurers, in accordance with the laws of each country.

2. The insurance authorities of each Contracting Party agree to establish uniform clauses for the insurance policy provided for in this Agreement.

ANNEX III

Migration Aspects of Enterprises

Carriers and the Crew

ARTICLE 1

Each Contracting Party will allow the entry and exit, of its Territory, of the crew of the vehicles in operation, enabled for international passenger or cargo transportation, requiring for such an end-only the presentation of the Portfolio or land crewman Card issued by the migration authority of its country.

ARTICLE 2

Migration authorities of the Contracting Parties shall authorize the admission and stay of the ground crew on their territory by the deadline of 30 (thirty) days.

ARTICLE 3

In the case of force majewer duly proven, or of impossibility of completion of certain transport operation, the Contracting Parties will be able to grant the ground crew an extension of stay of up to 30 (thirty) days.

ARTICLE 4

The carriers or their legal representatives will be responsible for all the spending advinds of the withdrawal, of the country, of its ground crew, in the case of discompliance with the relevant legal norms of the corresponding country.

ARTICLE 5

The authorized carriers, in accordance with this Agreement, and their ground crew shall be subject to legal provisions on immigration in force in the territory of the Contracting Parties.

ANNEX IV

Customs Matters

CHAPTER I

Definitions

ARTICLE 1

For the purposes of this Annex, you understand why:

1) Temporary Admission:

Special customs procedure that allows to be granted in a customs territory, with suspension of the payment of import gravings, certain goods entered with a determined end and intended to be re-exported, without having undergone any modifications, within an established time limit, unless normal depreciation as a consequence of the use which is make them ;

2) International Customs Transit (TAI):

Special customs procedure under which the goods subject to customs control are transported from one customs enclosure to another in a same operation, in the course of which one or several borders are crossed ;

3) International Customs Transit Operation:

the transport of goods from the jurisdiction of a departure customs to the jurisdiction of a destination customs located in another country, under the scheme set out in this Annex ;

4) Parted Customs:

the customs of a Contracting Party under whose jurisdiction begins an TAI operation ;

5) Border Passage Customs:

the customs of a Contracting Party by which to join or leave the country a transport unit in the course of a TAI operation ;

6) Destination Customs:

the customs of a Contracting Party under whose jurisdiction an TAI operation is completed ;

7) Exceptional Loading:

one or several heavy or bulky objects that, for the reason of their weight, their dimensions or their nature, may not be transported in closed transport units, subject to which they can be easily identified. In this concept you also understand the new vehicles that carry on by their own means ;

8) Container:

transportation element (portable trunk, mobile tank or analogue with its accessories, including the refrigeration equipment, tarpaulins, etc.) that correspond to the following conditions:

a) constitutes a compartment closed, in whole or in part, intended to contain goods ;

b) has permanent character, so be sufficiently resilient to support your use repeated ;

c) there has been especially idealized to facilitate the transportation of goods, by one or more means of transportation, without intermediate handling of cargo ;

d) be built in such a way that allows for your easy, safe handling and, in particular, at the time of being overflowed from one means of transportation to another ;

e) there is designed in such a manner that it results easy loading and emptying ;

f) your interior is easily accessible to customs inspection without the existence of points where can hide merchandise ;

g) be endowed with points that allow for receiving lacres, straps or other security features customs, in order to ensure its inviolability during its transport or storage ;

h) be identified by means of marks and numbers engraved indelibally, painted of way that are easily visible ;

i) have an interior volume of a cubic meter at least.

9) Customs Control:

set of procedures to be adopted with a view to ensuring compliance with laws and customs regulations ;

10) Declaration of International Customs Transit (DTA):

the document upon which the declarant asks the customs of departure for an TAI operation ;

11) Declarant:

the person who, in accordance with the legislation in force in each Contracting Party, asks for the beginning of an international customs operation, pursuant to this Annex, by submitting a DTA statement before the customs of departure and respond to the competent authorities for the accuracy of their declaration ;

12) Afianised Deposit (DFA):

customs deprivation location intended for maintenance and repair of vehicles under the responsibility of carriers, with suspension of customs gravings, being authorized their installation by the Contracting Party in their territory, upon prior compliance with the current legal

13) Warranty:

obligation to contract, in favor of customs, with the aim of ensuring payment of the gravames or fulfillment of other obligations contracted in the face of it ;

14) Import or Export Writes:

customs duties and any other charge of equivalent effect, be it of a fiscal character, monetary, exchange-rate or other nature, which focus on imports and exports. They do not include in this concept the analogous fees and charges when they correspond to the cost of the services rendered ;

15) Customs Recinto:

location enabled by customs intended for the conduct of customs operations ;

16) Transshipment:

transfer of goods to another transportation unit effected under customs control of a same customs ;

17) Transporter:

the person authorized to carry out the land international transport pursuant to this Agreement and that it assumes responsibility before the competent authorities for the correct execution of the TAI operation ;

18) Transportation Units:

a) the containers ;

b) road vehicles, including trailers and semi-trailers.

CHAPTER II

Application field

ARTICLE 2

1. This Annex shall apply to the transport of goods in transport units, between the territories of the Contracting Parties, on the condition that the transport operation includes the crossing of a border between departure customs and the destination customs.

2. The Contracting Parties shall, in their territories, permit international passenger and goods transport operations by highway, under the International Customs Transit and Temporary Admission of Vehicle, equipment of transportation, spare and accessories necessary for the international transport operation, as per the existing standards in each of the Contracting Parties and the principles set out in this Agreement.

3. The provisions of this Annex shall also apply to the transport of goods coming from or intended for third countries other than Contracting Parties.

4. The provisions of paragraph 1 of this Article shall apply even if the transit operation includes garments by water without transshipment of the goods.

5. In this Annex, unless otherwise provided, the expression "transport units" shall also include exceptional loads.

6. For adoption of the customs procedures shall apply to the internal legislation of each Contracting Party, respected the principle of reciprocity, and may be adopted by the customs administrations uniform procedures of bilateral control.

CHAPTER III

Suspension of Writes to Import or Export

ARTICLE 3

The goods transported in International Customs Transit (TAI), to the ampairing of the present Annex, shall enjoy the suspension of import or export engravings eventually required as long as the TAI operation lasts, without prejudice to the payment of fees for the services effectively rendered.

CHAPTER IV

Applicable Conditions for Companies and Transportation Units

ARTICLE 4

The International Customs Transit Order (TAI) is to be instructed with copy of original or supplementary permission, exclaimed by the competent authority on transport of the Contracting Parties.

ARTICLE 5

To carry out international transportation operations by highway, the companies carriers shall be registered before the customs authority of the Contracting Parties in the country to which the conveyor vehicle belongs.

ARTICLE 6

1. Under this Annex, transport units which are likely to be laced and used in the transport of goods must contain the following characteristics:

a) possessing device where it can be applied for customs seal in a simple and effective manner ;

b) non-location that allows concealment of merchandise ;

c) easily accessible shelf space for customs inspections ;

d) identification upon marks and numbers engraved indelibally.

2. The Contracting Parties, in accordance with the provisions of Article 30 of this Annex, shall, where necessary, establish recommendations stipulating the conditions of the transport units, so that the performance of the different customs intervening in a operation TAI be uniform.

ARTICLE 7

Vehicle vehicles and their equipment are expected to leave the country in which they joined within deadlines that bilaterally acquieses, conserving the same characteristics and conditions that they possessed when joining, which will be controlled by the customs authorities.

ARTICLE 8

Customs for which temporarily admitting the vehicles under ampal of the present Agreement and its Attachments will proceed to the verification of their equipment for their correct identification at the time of admission, exit or re-entry, occasion when the natural wear provoked by use will be observed.

ARTICLE 9

1. Customs authorities will be able to authorise the installation of customs private deposits, in order to store spare part and accessories indispensable for the maintenance of the transport units and equipment of foreign companies enabled.

2. The spare parts and accessories shall be admitted to the said deposits with suspension of import and export gravings.

3. Replacement parts and accessories that have been replaced shall be re-exported to the country of provenance, delivered to the customs administration or destroyed, and shall take over the carrier any cost that does in fact originate.

CHAPTER V

Customs Lacres

ARTICLE 10

1. In accordance with this Annex, the customs lacres used in an international customs transit operation shall comply with the minimum conditions prescribed in the Appendix to this Annex.

2. The Contracting Parties shall accept customs lacres which correspond to the minimum conditions prescribed in paragraph 1 of this Article, to the extent that they have been affixed by the customs authorities of another country. However, each Contracting Party shall have the right to apply its own lacres when those used are not considered sufficient or do not offer the required security.

3. Where the customs lacres placed in the territory of a Contracting Party are accepted by the other, they shall enjoy in the territory of this one of the same legal protection as the domestic lacres.

CHAPTER VI

Statement of Goods and Responsibility

ARTICLE 11

To apply for the international customs transit procedure established in the present Annex, it should be submitted, for each transport unit, before the Customs Departure Authorities, a Declaration of Customs Transit (DTA), as per the Portuguese-English bilingual model which is approved by the Article 19 Commission of the Agreement, pursuant to Article 30 of this Annex, duly filled in and in number of copies sufficient to comply with all controls during the TAI operation.

ARTICLE 12

1. The subject goods of this Agreement which enter or leave the territories of the Contracting Parties may only be transported by vehicles and transport equipment which, to the judgment of the customs authorities, comply with the transport requirements international and guarantee of tax security.

2. The carrier shall be liable to the customs authorities for the fulfilment of the obligations arising from the application of the International Customs Transit Procedure and, in particular, shall be obliged to ensure that the goods arrive intact at the customs of destination, in accordance with the conditions set out in this Annex.

3. The declarant is solely responsible for the customs infractions arising from the inaccuracy of his statements.

CHAPTER VII

Guarantees on Goods and Vehicles

ARTICLE 13

1. Vehicles of authorized companies empowered to carry out international transport in accordance with this Agreement are, in full, the sole guarantee to respond to the financial engravings and penalties applicable to them that may be applicable attain both the goods transported and the vehicles temporarily admitting in the territories of the countries.

2. Carriers may replace the warranty stated in this Article by another, banking or insurance, for the service of the customs authorities as per the legislation of the Contracting Party in which the requirement is made.

CHAPTER VIII

Formalities to Serem Observed

in the Parted Customs

ARTICLE 14

1. At the departure customs, the transport unit with the cargo is to be presented along with the DTA statement.

2. The departing customs authorities will check:

a) the correct filler of the DTA Declaration ;

b) whether the transport unit offers the necessary security as stipulated conditions in the Article 6 ;

c) whether the goods transported correspond, in their nature and quantity, to those specified in the statement.

3. Once the checks have been carried out, the departure customs authorities will place their lacres and referendums the DTA Declaration.

4. Whenever it believes appropriate, the authorities of the departure customs shall proceed to the examination of the goods, preferably by the sampling system.

5. The DTA Declaration will be recorded and returned to the declarant that it will adopt the necessary provisions so that, in the different stages of the TAI operation, it can be submitted for the purposes of customs control. The departing customs authorities will retain an exemplar of the DTA Declaration.

6. In the case of exceptional loads, the following procedure will be made:

a) the authorization to carry out the TAI operation is subordinated to the possibility of identifying the exceptional loads. In this way, as a means of identification, particular trade marks or numbers of the goods, or the description thereof, should be used, as well as the placing of identification marks or customs lacres, in such a way as to that these loads cannot be replaced in their entirety or in part by others and that none of their components can be withdrawn without it becoming apparent ;

b) if the customs authorities require the addition of additional documentation of identification of the cargo, mention shall be made of the same in the DTA Declaration.

CHAPTER IX

Formalities to Serem Observed in the Border Passage Customs

ARTICLE 15

1. At each border crossing customs, at the exit of the territory of a country, the conveyor must present the transport unit with the cargo to the customs authorities, with the lacres intact, as well as the DTA Declaration regarding the goods. The authorities will check whether the unit was the subject of unauthorized manipulations, whether customs lacres or identification marks are intact and will referendums the DTA Declaration.

2. The exit border crossing customs authorities will be able to retain an exemplar of the DTA Declaration for registration of the operation and will send another signed copy to the departure customs or border crossing of the country, in the form of make-guide, so that this can definitively complete the TAI operation in the territory of this country.

ARTICLE 16

1. At each border crossing customs at the entrance to the territory of a country, the conveyor shall present the transport unit with the cargo to the customs authorities with the intact lacres, as well as the DTA Declaration concerning the goods.

2. The incoming border customs authorities will check:

a) the correct filler of the DTA Declaration ;

b) whether the transport unit offers the necessary security and whether the customs lacres are intact or, in the case of an exceptional shipment, must correspond to the requirements of paragraph 6 of Article 14 of this Annex.

3. Once the praxe voucher has been carried out, the border customs authorities will referendum the DTA Declaration and, if it is the case, will apply new lacres, adopting in the DTA declaration that occurrence.

4. The customs authorities at the entry border point will retain an exemplar of the DTA Declaration for registration of the operation.

ARTICLE 17

When, at a border crossing customs, or during the path, the authorities customs remove a customs seal to carry out the inspection of a loaded transport unit, will make note of this occurrence in the DTA Declaration accompanying the transport unit, as well as the observations arising from the inspection and the characteristics of the new customs lacre placed.

CHAPTER X

Formalities to Serem Observed in Destination Customs

ARTICLE 18

1. The conveyor shall submit to the authorities of the customs of destination the transport unit with the cargo, the intact lacres, as well as the DTA Declaration concerning the goods.

2. At the conclusion of the TAI operation, the authorities of the destination customs will proceed to the examination of the documents, and to the verification of the transport unit with the cargo, the lacres and other security elements and the integrity of the cargo.

3. Noting the fulfilment of the obligations of the carrier, the authorities of the destination customs will attest to the arrival of the merchandise. One track of the DTA Declaration thus processed will be delivered to the person concerned.

4. The destination customs will retain an exemplar of the DTA Declaration and will require the presentation of an additional route of that Declaration to be forwarded to the customs of the entry border point in the country, in the form of making-guide, for completion definitive of the TAI operation.

CHAPTER XI

Customs Infractions, Complaints and Accidents

ARTICLE 19

1. If the Customs of a country suspects that a customs infraction will be committed, it will adopt the practical legal measures provided for in its own regulations. In the event of retention of the vehicle, the authorized company may submit a guarantee that will satisfy the competent authorities in order to obtain the release of the vehicle while proceeding with administrative or judicial procedures.

2. Without prejudice to the administrative and judicial actions that come to be taken when the customs infractions' commission of which this article is concerned, customs reserve the right to apply for the Competent National Body of their country to suspension of permission originating from or supplementation that is granted to the company involved. If an authorized company incures repeated infractions, the Competent National Body, at the request of a customs authority, will cancel the original or supplementary permission, as the case may be.

ARTICLE 20

When the customs authorities of a country certify the faithful fulfillment of the part of the operation TAI which has been carried out on its territory, will no longer be able to claim the payment of the engravings cited in Article 3 of this Annex, unless the certificate has been obtained in an irregular or fraudulent manner, or that there has been breach of the provisions of this Annex.

ARTICLE 21

1. If the customs seals are ruptured, destroyed, or occur would occur during a TAI operation, the conveyor shall immediately communicate the occurrence to the nearest customs. The authorities of this customs shall wash a term of proof of the accident and shall take the necessary arrangements for the TAI operation to proceed. A copy of the proof term is to be joined in the DTA Declaration.

2. In the impossibility of the immediate communication to the customs authority, the carrier must address the nearest competent authority, which will wash a record of the accident and attach it to the DTA Declaration. This registration is to be presented together with the transport unit with the cargo and the DTA Declaration at the nearest customs office, which will take the necessary steps so that the TAI operation can proceed.

3. In the event of imminent danger that will necessitate the immediate discharge of part or all of the load, the carrier may adopt, on his own initiative, the measures considered timely.

CHAPTER XII

Mutual Administrative Assistance

ARTICLE 22

The customs authorities of a Contracting Party that have initiated investigations into case of infraction or suspicion of infraction to the provisions of this Annex, shall apply in writing, to the customs authorities of the other Contracting Party:

a) information regarding international customs transit declarations that have been made presented or accepted on their territory and which are presumed to be false ;

b) information that will allow to substantiate the authenticity of lacres that may have been aposted in your territory.

ARTICLE 23

When the customs authorities of a Contracting Party note inaccuracies in a DTA declaration or any other irregularity in the operation of TAI pursuant to this Annex, the said authorities shall inform the customs authorities of the other Party.

CHAPTER XIII

General provisions

ARTICLE 24

The Contracting Parties may, in relation to the excerpt of the TAI operation which develops in your territory:

a) set a deadline for completing the operation on its territory ;

b) require that the transport units follow determined itineraries.

ARTICLE 25

1. The customs empowered to perform functions concerning border control, international transport by highway for passengers and cargo, as well as goods transported under the International Customs Transit regime, object of this Agreement, are: by the Federative Republic of Brazil, the Inspectorate of Bonfim and, by the Cooperativision Republic of Guyana, the "Customs and Trade Administration" of Lethem, under the supervision of the Ministry of Home Affairs.

2. The Contracting Parties shall:

a) to reduce to a minimum the time required for the completion of formalities at customs posts border and to establish an expeted procedure for the goods subject to the TAI operation ;

b) give priority to the dispatch of perishable goods, live animals and other goods which imperatively require rapid transport, such as urgent shipments or relief for the occasion of disasters ;

c) to facilitate, at border customs posts, at the request of the person concerned, compliance with the customs formalities outside the normally scheduled days and times.

3. The Contracting Parties shall harmonize the times of care and the assignments of all bodies acting at the corresponding border crossing points.

ARTICLE 26

1. The acting of the customs officers shall not entail another payment for the fulfilment of the customs formalities mentioned in this Annex, unless otherwise provided in the following paragraph.

2. The Contracting Parties shall, upon request of any interested person, allow the operation of frontier customs posts in days, hours and places outside those established normally. In such a case, the cost of spending carried out by exceptional care can be charged, including the extraordinary remuneration of employees.

ARTICLE 27

For the passage of the unladen transport units by the customs posts border, an International Carga Manifesto (MIC) should be presented.

ARTICLE 28

The provisions of this Agreement do not expel from compliance with health standards and other requirements in any of the Contracting Parties.

CHAPTER XIV

International Transportation of Passengers

ARTICLE 29

To facilitate the International Transportation of Passengers by Highway, the Parties Contractors will harmonize the documentation and customs procedures.

CHAPTER XV

Final Provisions

ARTICLE 30

1. At the request of one of the Contracting Parties, meetings of the Commission established by Article 19 of the Agreement shall be convened, with the participation of customs technicians of the Agreement, with the aim of examining the provisions of this Annex and proposing the application of measures that ensure the uniformity of procedures adopted by each customs.

2. Similarly, the cited Commission will encourage the use of electronic transmission of data aiming at the exchange of information between the Customs of the Contracting Parties and with other users in order to achieve better use of advances technological in that matter, facilitate the application of customs procedures and narrow the cooperation between the customs of the two countries.

APPENDIX TO ANNEX IV

Minimum Conditions to which to Listen the Devices

of Customs Security (Lacres and Cintas)

Customs security devices should comply with the following conditions minimum:

1. General requirements of the Customs Security Devices must be:

a) strong and durable ;

b) of easy application ;

c) of easy examination and identification

d) difficult to be taken out, broken up or from irregular manipulations that do not leave marks ;

and) not reusable ;

f) of difficult copy or imitation.

2. Material Specifications of the Lacre

a) the size and shape of the lacre should be such that the identification marks are easily readable ;

b) the size of each lacre will correspond to that of the strap used and should be placed in a manner that this one fits tightly when the lacre is closed ;

c) the material used should be strong enough to prevent accidental ruptures, rapid deterioration (due to climate conditions, chemical agents etc.) or irregular manipulations that do not leave marks ; and

d) the material used will be chosen depending on the type of lacre adopted.

3. Specifications of the Cintas

The straps should be strong and durable, weather-resistant and corrosion.

4. Identification marks

The lacr or strap, as per the case, must contain marks that:

a) indicate that they are treated with customs security devices, by uniform application of the word "aduana" ;

b) identify the country, preferably by means of the signals that use to indicate the country of registration of vehicles authorized for international traffic ;

c) allow for the identification of the customs that applied the device.