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Decree No. 7109, 18 February 2010

Original Language Title: Decreto nº 7.109, de 18 de Fevereiro de 2010

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DECREE NO 7,109, DE February 18, 2010.

Promulga the Technical Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of Granada, struck in Saint George's, on April 24, 2006.

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 Granada have concluded, in Saint George's, on April 24, 2006, a Technical Cooperation Agreement ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 264, of June 10, 2009 ;

Considering that the Agreement entered into international vigor on July 28, 2009, in the terms of its Article X ;

DECRETA:

Art. 1st The Technical Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of Granada, firmed in Saint George's, on April 24, 2006, apensed by copy to this 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 comes into force on the date of its publication.

Brasilia, February 18, 2010 ; 189th of the Independence and 122nd of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

TECHNICAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF REPUBLIC

FEDERATIVE OF BRAZIL AND THE GRENADE GOVERNMENT

The Government of the Federative Republic of Brazil

and

The Government of Granada

(henceforth named?Contracting Parties?),

Recognizing the interest to strengthen ties of existing friendship between their peoples ;

Considering the mutual interest of perfecting and foster the social and economic development of their respective countries ;

Convinced of the need to give emphasis to the sustainable development ;

Recognizing the resulting reciprocal advantages of technical cooperation in areas of shared interest ;

Wish to develop the cooperation that stimulates technical progress,

Wake up the following:

ARTICLE I

The present Technical Cooperation Agreement, hereafter named?Agreement?, it has per object to promote technical cooperation in the areas considered to be priority by the Contracting Parties, which will be opportunely determined.

ARTICLE II

1.A deployment of technical cooperation under an aegis of this Agreement will be made in accordance with programs, projects and activities of technical cooperation, object of Complementary Adjustments.

2.Igualmente, by means of supplemental adjustments, shall be defined as the implementing institutions, the coordinating bodies and inputs necessary for the implementation of the mentioned programmes, projects and activities.

3.As Contracting Parties may consider the participation of institutions from the public and private sectors, as well as from non-governmental organizations of both countries in the programs, projects and activities to be developed to the ampairing of this Agreement.

4.As Contracting Parties may, together or separately, seek the necessary funding for the execution of the programs, projects and activities together with international bodies and agencies, funds, regional and international programs, among other donors.

ARTICLE III

1.Serão held meetings between representatives of the Contracting Parties to deal with matters pertinent to the programmes, projects and activities of technical cooperation, such as:

a) assessment and definition of common areas priority where implementation of technical cooperation would be feasible ;

b) definition of mechanisms and procedures to be adopted by the Contracting Parties ;

c) examination and approval of the Work Plan ;

d) analysis, approval and implementation of programs, projects and technical cooperation activities ; and

e) assessment of the results of the execution of programs, projects and activities implemented within the framework of this Agreement.

2.O location and date of the meetings mentioned in the previous paragraph will be agreed upon by diplomatic route.

ARTICLE IV

Each of the Contracting Parties shall ensure that the documents, information and other knowledge obtained in consequence of the implementation of this Agreement are not disclosed nor transmitted to third parties without the prior written consent of the other Contracting Party.

ARTICLE V

Each Contracting Party shall ensure the personnel sent by the other Contracting Party, within the framework of this Agreement, all necessary logistical support, as well as that pertaining to its installation, transport facilities and access to information indispensable for the fulfilment of its functions specific.

VI ARTICLE

1.Cada Contracting Party will grant the staff designated by the other Contracting Party to exercise its functions within its territory, within the framework of this Agreement, as well as to its legal dependants, when it is the case, on the basis of reciprocity of treatment, provided that it is not Brazilian in Brazilian or foreign territory with permanent residence in Brazil:

a) seen, as per the rules applicable to each Contracting Party, requested by diplomatic channel ;

b) tax exemption and other engravings incidents on importation, in the first six months from the date of arrival, of domestic and personal use objects, intended for the first installation, where the term of stay in the host country is longer than one year. Such objects should be re-exported at the end of the mission, unless the import taxes, of which were originally exempted, are paid ;

c) identical exemption for that provided ?b? of this Article, when of the re-export of the said goods ;

d) exemption from taxes on income as to salaries to be borne by the institution of the Contracting Party that sent them. In the case of remuneration and daily paid by the institution receiving them, the legislation of the host country shall be applied, observed the bitaxation agreements eventually entered into between the Contracting Parties ;

e) repatriation facilities in situation of crisis ; and

f) jurisdictional immunity in respect of acts of trade practised within the scope of this Agreement.

2.A personnel selection will be made by the Party Contractor who sends it and must be approved by the Contracting Party receiving it.

ARTICLE VII

The personnel sent from a Contracting Party to the another Contracting Party under this Agreement shall act as a function of the established in each programme, project or activity and shall be subject to the laws and regulations in force in the territory of the host country, re-salvaged the provisions of Article VI of the present Agreement.

ARTICLE VIII

1.Os goods, equipment and other items eventually provided by a Contracting Party to the other, for the execution of programs, projects and activities developed within the framework of this Agreement, as defined and approved in the respective Supplementary Adjustment, will be exempt from fees, taxes and too much import and export gravings, with the exception of those relating to storage, transport and other related services.

2.Ao termination of programs, projects and activities, all goods, equipment and other items that have not been transferred on a permanent basis to the other Contracting Party by which it has provided them will be re-exported with equal exemption from export duties and other taxes normally incidents, with the exception of fees and charges for storage, transportation and other related services.

3.No case of the import or export of goods intended for the execution of programmes, projects and activities developed under the Agreement, the public institution entrusted with the execution shall be responsible for the measures necessary for the customs clearance of the said goods

ARTICLE IX

1.O this Agreement will be in force of 5 (five) years and shall be automatically extended for equal and successive periods, unless one of the Contracting Parties shall express to the other Contracting Party, by diplomatic means, its intention to denounce it. The complaint will take effect 6 (six) months after the date of receipt of the respective notification.

2.Em case of denunciation of this Agreement, the programs, projects and activities in implementation will not be affected, save when the Contracting Parties condo diversion, in writing.

ARTICLE X

1.Cada one of the Contracting Parties shall notify the another Contracting Party by diplomatic means of compliance with the internal legal formalities necessary for the entry into force of this Agreement, which shall take effect from the date of receipt of the last such notification.

2.O this Agreement may be amended in the terms of the paragraph first of this Article.

XI ARTICLE

The controversies arising in the implementation of the this Agreement shall be directed by all peaceful and amicable means admitted to international public law, preferring to the conduct of direct negotiations between the Contracting Parties.

Made in St. George's, on April 24, 2006, in two original copies, in the Portuguese and English languages, both of which are equally authentic texts.

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

_____________________________

BY THE GRENADE GOVERNMENT

ELVIN G. NIMROD

Minister for Foreign Affairs

International Trade