Advanced Search

Decree No. 3,332, 11 January 2000

Original Language Title: Decreto nº 3.332, de 11 de Janeiro de 2000

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO 3332, DE January 11, 2000.

Promulga the Additional Protocol to the Treaty of Friendship, Cooperation and Trade between the Government of the Federative Republic of Brazil and the Government of the Eastern Republic of Uruguay on Corporate Activities Facilitation, concluded in Montevideo, on May 6, 1997.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VIII, of the Constitution ;

CONSIDERING that the Government of the Federative Republic of Brazil and the Government of the Eastern Republic of Uruguay celebrated, in Montevideo on May 6, 1997, an Additional Protocol to the Treaty on Friendship, Cooperation and Trade on Facilitation of Business Activities ;

CONSIDERING that the National Congress has approved this Agreement by means of Legislative Decree no 170 of December 3, 1999 ;

CONSIDERING that the Agreement entered into force on December 20, 1999, in accordance with its Article XIV,

DECRETA:

Art. 1º The Additional Protocol to the Treaty of Friendship, Cooperation and Trade between the Government of the Federative Republic of Brazil and the Government of the Eastern Republic of Uruguay, concluded in Montevideo on May 6, 1997, attached by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º This Decree shall enter into force on the date of its publication.

Brasilia, January 11, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Luiz Felipe Lampreia

Additional Protocol to the Treaty of Friendship, Cooperation and Trade between the Federative Republic of Brazil and the Eastern Republic of Uruguay on Corporate Activities Facilitation.

The Federative Republic of Brazil

and

The Oriental Republic of Uruguay

(henceforth named?the Parties?)

Conscious of the need to offer a legal milestone for the legal insertion of entrepreneurs from both Parties in order to facilitate the performance of their activities ;

Recognizing that such a legal milestone will contribute to achieving the objectives agreed upon in the Treaty of Friendship, Cooperation and Trade subscribed between the Parties on June 12, 1975 and in the Treaty of Assumption subscribed on March 26, 1991 and their complimentary standards ;

Convinced that the incentive for ventures between private actors from both states is a necessary step to improve the level of qualification of companies from both countries and their integration into the regional and world economy ;

Wake up:

Article I

This Protocol shall apply to national physical persons of one of the Parties who comply with the other activities mentioned in Article III.

Article II

The national entrepreneurs of either Party will be able to establish themselves in the territory of the other for the exercise of their activities, with no other restrictions other than those set out in the local provisions regulating these activities in the receiving State, except those that internal legislations consider to be deprived of their nationals.

Article III

For the purposes of this Protocol, physical persons who develop investment activities or are members of a board, administrators, legal representatives or managers of companies from the sectors of business, shall be considered to be entrepreneurs. services, trade or industry.

Article IV

Each Party undertakes to facilitate the entrepreneurs of the other its establishment and free exercise of the activities mentioned in Article III, in accordance with the provisions of this Protocol and to expedite the assessment and decision of the applications submitted, as well as the dispatch of the respective identity documents and permanence.

Article V

To entrepreneurs who comply with the requirements set out in Article VI, they will be granted a temporary or permanent residence permit or permission, in accordance with the case, to enable them to celebrate the acts of acquisition, administration or disposition required for your personal establishment and that of your family members, as well as for the exercise of your business activity.

Article VI

The consular authority of each Party shall have a period of 30 days to rule, once the requirements required by the respective authorities for the granting of the visa or temporary or permanent residence permit have been met, of those listed in Annex I to characterize the quality of entrepreneur in accordance with the provisions of Article III of this Protocol. If there is no answer, within the time mentioned, the person concerned will be able to appeal to the relevant area of the Chancellery of his country.

Article VII

The Parties shall cooperate with each other for the implementation of this Protocol, for which they will seek to reconcile their standards with the provisions of this instrument, with the purpose of which both Parties establish equivalent facilities.

Article VIII

The compatibilisation referred to in the previous article is intended to achieve the integration objectives set out in the Treaty of Assumption and complementary standards.

Article IX

If one of the parties grants or passes to grant, as per its provisions, a more favourable treatment than the provisions of this Protocol, such Party shall continue applying or shall apply to apply the most favourable scheme.

Article X

The competent authorities for the application of this Protocol shall be, in the Federative Republic of the brasil the Ministry of Foreign Affairs and the Ministry of Justice, and in the Eastern Republic of Uruguay the Ministry of Foreign Affairs and the Ministry of the Interior.

Article XI

The competent bodies of each Party in charge of compliance with this Protocol shall be, in the Federative Republic of Brazil, the Immigration Division of the General Directorate for Consular, Legal and Assistance to Brazilian Affairs in the Exterior of the Ministry of Foreign Affairs, and in the Eastern Republic of Uruguay the Consular Affairs Direction of the Ministry of Foreign Affairs, before which it will appeal to take effect on operationality, agilization and solution of problems resulting from the application of this Protocol.

Article XII

The representatives of the Parties shall meet annually or, in extraordinary character, at the request of either of them, to examine matters relating to the application of this Protocol, and may invite the business entities involved, in order to ensure the improvement, agility and operationality in the implementation of this legal instrument.

Article XIII

In common agreement between the Parties, any modifications to Annex I to this Protocol shall be formalized by exchange of Notes.

Article XIV

This Protocol shall have indefinite duration. Your date of entry into force will be agreed upon and communicated reciprocally by both Chancelleries. You may be denounced by any of the Parties with a minimum prior notice of 6 (six) months.

Done at Montevideo, on May 6, 1997, in two copies in Portuguese and Spanish language, being both equally authentic.

By the Federative Republic

from Brazil

Luiz Felipe Lampreia

Minister of State of the

External relations

By the Oriental Republic

from Uruguay

Alvaro Ramos

Minister of State for

External relations

Annex I

A) Requirements that nationals of both countries should comply with in order to be understood in the categories to which Article III of this Protocol is referred:

1. declaration requested by the competent authority of the country of origin certifying the existence of the Company or of the undertakings of which the requester or forms part of the requester is made.

2. commercial or banking references.

3. with complementary character, you will be able to apply, the judgment of the consular authority, other means of proof that contribute to attest to the alleged quality, such as: commercial and banking correspondence, tax payment receipts, numbers of fiscal identification, company printed etc.

4. in the case of board members, administrators, legal representatives or managers will require the company to prove, upon its balance, possessing minimum assets of 50,000 (fifty thousand) North American dollars.

B) In the case of investors, in addition to the requirements set out in paragraphs 2 and 3 of this Annex I and whenever domestic legislation is more favourable-as provided for in Article IX of this Protocol-an investment shall be required minimum of 100,000 (one hundred thousand) North American dollars.

C) Activities allowed in the amparo of the visa or authorization granted:

In the field of activities that may develop to the amparo of such visas or permits include also the following:

1. carry out all manner of banking operations permitted by law to the national of the receiving country.

2. drive or administer companies, in the quality of owners or other quality, carrying out acquisition, provision, administration, production, financial, commercial or other activities.

3. internar in the territory of the receiving State the equipment, tools, samples or related, necessary for the performance of their activity as per the standards of the receiving State.

4. take over the legal and legal representation of the company.

5. conduct exterior trade operations.

6. sign balance sheets.