Provisional Measure No. 1,960-67, Of 24 October 2000

Original Language Title: Medida Provisória nº 1.960-67, de 24 de Outubro de 2000

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PROVISIONAL MEASURE # 1.960-67, OF October 24, 2000.

Changes the legislation regarding the Additional to the Freight for the Renewal of the Merchant-AFRMM Navy and the Merchant Marine Fund-FMM, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The arts. 2º, 3º, 4º, 5º, 6º, 8º, 9º, 10, 16, 22, 23, 24 and the single paragraph of art. 29 of Decree-Law No. 2,404 of December 23, 1987, as amended by Decree-Law No. 2,414 of February 12, 1988, by Law No. 7,742 of March 20, 1989 and by Law No. 8,032 of April 12, 1990, pass into force with the following changes:

?Art. 2º AFRMM focuses on freight charged by Brazilian and foreign shipping companies operating in Brazilian port, in accordance with boarding knowledge and cargo manifest, by carrying cargo of any nature, and constitutes basic source of the Merchant Navy Fund.

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§ 3º The additional one that treats this article will not focus on river navigation and lacustre, except on liquid bulk loads, transported within the North and North East regions? (NR)

?Art. 3º .....................................................................................................................................

I-twenty-five per cent, in long-course navigation ;

II-ten per cent, in the navigation of cabotage ;

III-forty per cent, in river navigation and lacustre, as referred to in § 3º of the previous article.

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?Art. 4º .....................................................................................................................................

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§ 3º In the long course navigation, when the freight is expressed in foreign currency, the conversion to the national monetary standard will be made on the basis of the same rate employed for the calculation and payment of the Import Tax and the Tax on Industrialized Products, according to guidelines lowered by the Ministry of Finance.? (NR)

?Art. 5º .....................................................................................................................................

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

a) by poultry, national or foreign nationals, when not employed on commercial character travel ;

b) in the exploitation and support activities of the exploitation of hydrocarbons and other minerals under water, provided that in the Brazilian exclusive economic zone ;

IV-........................................................................................................................................

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c) temporarily exported to another country and conditioned on reimportation within a specified period ;

d) armaments, products, materials and equipment imported by the Ministry of Defence and the Armed Forces by becoming conditional, in each case, to the declaration of the respective Pasta holder that the importation is intended for purposes exclusively military and is of interest to national security ;

e) intended for scientific and technological research, as laid down in law, by referring to the CNPq to refer to the competent organ of the Ministry of Transport, for the purposes of control, importers' relationship and the global value, by entity, of the authorized imports ;

V-...........................................................................................................................................

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(b) imported as a result of acts struck between legal persons, from external public law, concluded and approved by the President of the Republic and ratified by the National Congress, containing express exemption clause of payment of AFRMM, the application for exemption recognition formulated to the competent organ of the Ministry of Transport ;

c) that are the object of the operations provided for in the schemes established in art. 78 of Decree-Law No. 37 of November 18, 1966, by staying the conditional exemption for export to the exterior of the goods submitted to the said special customs arrangements, exceeding the service of this condition of effective export as operations carried out as of October 5, 1990, pursuant to § 2º of the art. 1º of Law No. 8,402 of January 8, 1992 ;

d) imported by the Union through the federal body of the direct Administration and supervised municipal and founder entities ;

and) that return to the Country in the following conditions:

1. sent in consignment and not sold in the authorized deadlines ;

2. by technical defect that requires their return, for repair or replacement ;

3. for the reason of modifications in the systematic country importer ;

4. for reasons of war or public calamity ;

5. by any other factors demonstrably alheios at the will of the Brazilian exporter ;

f) imported in substitution to other identical ones, in equal quantity and value, which have been returned to the exterior after importation, for having disclosed defective or printable for the purposes to which they were intended ;

g) that are intended for consumption or industrialization in the Western Amazon, excluded weapons, ammunition, smoke, alcoholic beverages, perfumes, passenger cars and liquids or liquids ;

h) that are intended for consumption or industrialization in the Franca Zone of Manaus, excluded weapons, ammunition, smoke, alcoholic beverages, perfumes and passenger cars ;

i) imported by permissionaries authorized by the Ministry of Finance, for sale, exclusively in duty-free shops, to international travel passengers ;

j) subjected to transhipment or balding in Brazilian ports, when destined for export and coming from other Brazilian ports ;

l) that are expressly defined in law as exempt from the AFRMM.

§ 1º About the goods destined for the Brazilian port, which are to be booking or transshipment at one or more national ports, will not focus new AFRMM, referring to the transport between the cited ports, if this has already been calculated on the freight from its origin to its final destination.

§ 2º The payment of the AFRMM incident on the transport of imported goods submitted to special or atypical customs arrangements shall be suspended until the date of registration of the corresponding declaration of importation in final character or the your return to the exterior in the same state or after having been subjected to the process of industrialization.

§ 3º The non-payment of the AFRMM, fining the suspension provided for in § 2º, will entail its collection with the financial charges mentioned in § 4º of the art. 6º.? (NR)

?Art. 6º The AFRMM will be collected by the consignee of the transported merchandise, or by its legal representative, both duly identified by their registration number in the National Cadastro of Legal Person or the Physical Person Cadastro of the Ministry of Finance, in agency of the collection bank as provided for in regulation.

§ 1º The release of the boarding knowledge is conditional on the submission of the AFRMM fundraising document duly authenticated by the collecting bank, or the recognition of the right to the exemption or suspension, as per willing in regulations.

§ 2º The control of the AFRMM payment referred to in the preceding paragraph can be effected by electronic means.

§ 3º The data essential to the control of the AFRMM collection, arising from the cargo manifests and boarding knowledge, will have to be made available by the shipping companies or their agents, to the Department of Navy Merchant of the Transport Ministry Aquaviaries of the Ministry of Transport, prior to the beginning of the process of releasing the knowledge of boarding, as laid down in regulation.

§ 4º The collecting bank, in the event of an occurrence concerning the insufficiency of funds or any restriction upon receipt of the means of payment to it delivered by the collector, will give notice to the Department of Marine Merchant, which shall arrange for the administrative or executive collection of the debt, by staying the value originating in the increased debit of:

a) fines of thirty-three hundredths per cent per day of delay, counted from the first day subsequent to the date of release of the Knowledge of Boarding until the day on which the payment occurs, limited to the percent of twenty per cent ;

b) interest income equivalent to the referential rate of the Special Settlement and Custody System (SELIC), for federal securities, accumulated monthly, calculated from the first day of the month subsequent to the release of Knowledge of shipment up to the month prior to that of payment and one per cent of the month of payment.

§ 5º The administrative means for the collection of AFRMM, the debit will be entered in the Union's active debt, for executive collection, the terms of the legislation in force.

§ 6º The delivery to the importer of goods submitted for customs dispatch shall be conditional on the presentation of the duly released boarding knowledge pursuant to § 1º of this article.

§ 7º After the deployment of the AFRMM payment control by electronic means, referred to in § 2º of this article, the regularity of that payment or recognition of the right to exemption or suspension shall be informed by the Department of the Merchant Navy to the Registry of the Federal Revenue Office, also by means of electronic means and in advance to the registration of the import declaration, replacing the procedure set out in the preceding paragraph.

§ 8º In the navigation of cabotage and river navigation and national pathway navigation, the shipping company or its legal representative, which releases the knowledge of embarkation without the proof of the payment of the AFRMM, will stay responsible for their collection with the financial charges provided for in § 4º of this article.

§ 9º The Ministry of Transport will set the schedule for implantation of the new collection systematic.? (NR)

?Art. 8º ....................................................................................................................................

I-............................................................................................................................................

a) one hundred percent of AFRMM generated by foreign shipping company ;

b) one hundred percent of the AFRMM generated by Brazilian shipping company, operating after-affiliated vessel of foreign registration ;

c) fifty percent of AFRMM generated by Brazilian shipping company, operating vessel, own or affliction, of Brazilian registration, in long-haul navigation ;

d) seventeen percent of AFRMM generated by Brazilian shipping company, operating vessel, own or affliction, in long haul navigation, inscribed in the Special Register Brazilian-REB that it treats Law No. 9,432, January 8 of 1997 ;

II-the Brazilian shipping company, operating vessel itself or affliction, of Brazilian registration:

a) fourteen percent of AFRMM that has generated in long-course navigation, when the vessel is not inscribed in the REB ;

b) forty-seven percent of AFRMM that has generated in long-course navigation, when the vessel is inscribed in the REB ;

c) one hundred percent of AFRMM that has generated in the cabotage, river, and lacustre navigations ;

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§ 1º The AFRMM generated by foreign registration vessel, afflicted by Brazilian shipping company, may have the intended destination under item I, points?c? e?d?, and in items II and III, as long as such a vessel is replacing another in construction at Brazilian shipyard, with contract in efficacy, similar type and gross size equivalent to that affliction

.................................................................................................................................................? (NR)

?Art. 9º The parcels collected from the account referred to in item III of the art. 8º will be applied by financial agents in open market operations, with federal public securities, and the total value will be prorated among Brazilian shipping companies authorized to operate, in proportion to the total frets by them generated in the import and export trades of the Brazilian exterior trade, obtained when operating vessels of their own or after Brazilian registration, as well as vessels after foreign registration in the regime of which they treat § § 1º and 3º of the art. 8º, included the river vessels that participate in the transport of goods for export.

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?Art. 10. ...................................................................................................................................

I-............................................................................................................................................

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e) for payment of principal instalments and loan charges granted by the Financial Agent, with resources from other sources, which have per object the modalities of support provided for in items 1, 2 and 3 of point?a? of the inciso I of the art. 16 ;

f) for payment of principal benefits and loan charges obtained from the FINAME and the Integrated Amazon Program-PAI, through any bank establishment authorised to operate with these resources and which have per object the modalities of support provided for in items 1, 2 and 3 of point?a? of the inciso I of the art. 16, provided that the stakeholder is adjoining with the obligations laid down in the subparagraphs?d? e?and? of this inciso ;

II-compulsorily, in the amortization of overdue debts arising from the loans referred to in the points?d? e?and? of the earlier inciso.? (NR)

?Art. 16. .................................................................................................................................

I-in refundable financial support, upon loan grant, or to honor guarantees granted:

a) Brazilian shipping companies, up to eighty five percent of the approved project value:

1. for building vessels in Brazilian shipyards ;

2. for the repair of vessels of their own, when carried out by Brazilian companies ;

3. for the maintenance or modernization of own vessels, including for the purchase and installation of necessary equipment, when carried out by Brazilian companies ;

b) Brazilian shipping companies, Brazilian shipyards and other Brazilian companies or entities, for research and scientific or technological development projects and human resource formation aimed at the sectors of the merchant marine, construction or naval repair ;

c) Brazilian shipyards, for financing for the production of vessels:

1. intended for export, up to eighty per cent of its selling price ;

2. intended for Brazilian shipping companies, up to ninety percent of their selling price ;

d) to the Brazilian Navy, for the construction of auxiliary vessels, hydrographic and oceanographic vessels, in Brazilian shipyards ;

e) to Brazilian companies, for the construction of floating dikes, dredgers and cathbrees, in the interest of the Brazilian merchant navy, in Brazilian shipyards ;

f) Brazilian shipyards, for financing the repair of vessels, up to eighty-five per cent of the total price of repair ;

g) for other applications in investments, in the interest of the Brazilian merchant navy ;

II-in payment to the Financial Agent:

a) of value corresponding to the ascertained gap between the cost of caption for the Financial Agent and the cost of financing contracted with the beneficiary ;

(b) of the commissions due for the granting of financing carried out with resources from the FMM and other sources, the administration or risk of operations ;

c) of the committee due by the administration of operations approved by the Minister of State for Transport on the basis of § 5º of the art. 12 of Decree-Law No. 1,801 of August 18, 1980, or contracted until December 31, 1987 ;

d) of interest equivalent to the referential rate of the Special Liquidation and Custody System (SELIC), for federal securities, incidents on the advances of resources realized by the Financial Agent with resources from other sources, intended for the payment of the risk commissions due in FMM resource repass operations ;

III-in the gap between the effective internal cost of vessel construction and the value of contracted operations, with resources of the FMM and other sources, limited to ten percent of the value of the vessel building contract intended for the internal market ;

IV-in the constitution of a credit-reserve, up to the limit of twenty per cent of the value of the financing contract, granted with resources from the FMM and other sources, to the production of vessel intended for export, aiming to ensure the termination of the work, in the case of disfulfilment of the corresponding obligation to do, by the shipyard.

§ 1º The committees of which they deal with the subparagraphs?b? e?c? of the inciso II of this article shall be fixed by the National Monetary Council and revised to each bienium, and shall be covered, exclusively, with resources of the FMM, deducted the instalment intended for the service of the debt assumed by the Union, in the quality of successor from the extinct National Supervisor of the Merchant Navy-SUNLOVE.

§ 2º The refundable financial transactions, resulting from the applications to which the incisos III and IV refer, of this article, will have their deadlines and charges regulated in the manner of the article's provisions. 26.? (NR)

?Art. 22. Financing granted with resources from the FMM, intended for the construction, repair or improvement of vessels, will be able to guarantee the trust or mortgage disposal of the funded vessel, or other guarantee modalities, at the discretion of the Financial Agent.

Single Paragraph. The fiduciary disposal will only have validity and efficacy after its registration in the Maritime Property Registry, together with the Maritime Tribunal, applying to it, in what couber, the willing in the arts. 148 a to 152 of Law No. 7,565 of December 19, 1986.? (NR)

?Art. 23. The disposal of vessels that, for construction, repair or improvement, have been the subject of financing with FMM resources, will depend on prior authorization from the Ministry of Transport, when the risk of the operation is from the FMM.? (NR)

?Art. 24. ...................................................................................................................................

§ 1º Mediating conditions laid down in regulation, the Minister of State for Transport will be able to enable development banks and national investments to act as financial subagents for applications of the FMM.

§ 2º The Financial Agent of the FMM will be able to enable its financial agents to act in the operations of financing for the production of vessels, with resources of the FMM, continuing the BNDES to bear, before the Fund, the risks resulting from the said operations.? (NR)

?Art. 29. ...................................................................................................................................

Single Paragraph. The annual budget of the MMFs may contain appropriations for expenses that refer to the payment of the debt service, studies and projects of the merchant marine interest and the administrative services of the collection.? (NR)

Art. 2º It shall be the authorised FMM to be effected by June 30, 1996, assignment of credits to the financial officer, concerning the financing operations carried out with resources of the FMM.

§ 1º The authorization granted pursuant to the caput of this article is conditional upon the prior hearing of the Secretary of the National Treasury.

§ 2º In cases where the faculty of which it treats the caput of this article, the financial officer will transfer to the FMM rights that hold against the National Treasury.

§ 3º In case the amount of the financial agent's rights against the National Treasury is lower than that of the values ceded, the balance shall be settled in the form referred to in the inciso II of the art. 16 of Decree-Law No. 2,404, of 1987, with the essay given by art. 1º of this Provisional Measure.

§ 4º The FMM shall use the rights received from the agent for discharge of its due obligations to the Union, in the quality of successor of the SUNLOVE extinction, in relation to the banking system and the naval industry.

§ 5º The Union shall respond by the partial or total non-existence of the credit ceded pursuant to the caput of this article, by force of judicial decision carried on trial, staying for so much authorization of the issuance of Treasury securities National, with registration at the Central Custody And Financial Settlement of Titles-CETIP.

§ 6º The values received by the FMM, in payment of any obligation regarding the contracts ceded, in accordance with the provisions of the caput of this article, between the basic date of reference established in the Cession Agreement and the date of their celebration, shall be due by the FMM to the Financial Agent and remunerated, from their receipt up to the date of their settlement, by the same remuneration criterion applied to the availabilities of the FMM.

Art. 3º Do not apply to the provisions of the inciso V, paragraph?c?, from art. 5º of Decree-law No. 2,404, 1987, the operations carried out pursuant to § 2º of the art. 1º of Law No. 8,402, 1992.

Art. 4º The shipowners or their prepositions will be able to exercise the assignments of vessel and customs dispatcher in respect of their vessels, of any flags, whether employed on a long haul, in cabotage or inland navigation.

Single Paragraph. Only remuneration will be given to vessel brokers and customs dispatchers when there is effective service provision.

Art. 5º The art. 7º of Law No. 9,365 of December 16, 1996, passes in addition to the following § 2º, remunerating the current single paragraph for § 1º:

?§ 2º The provisions of the caput of this article does not apply to the financing operations for the production of vessels in the Legal Amazon, with resources from the Merchant Navy Fund, which will have as nominal remuneration to TJLP.? (NR)

Art. 6º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.960-67 of September 22, 2000.

Art. 7º This Provisional Measure shall come into force on the date of its publication.

Art. 8º Repeal the single paragraph of art. 15 and the arts. 17, 18, 19 and 20 of Decree-Law No. 2,404 of December 23, 1987, the art. 11 of Law No. 7,742 of March 20, 1989, the caput of art. 9º of Law No. 8,032 of April 12, 1990, § 7º of the art. 11 of Law No. 9,432 of January 8, 1997 and the art. 19 of Law No. 9,493 of September 10, 1997.

Brasilia, October 24, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Geraldo Magela of the Quintan Cross

Amaury Guilherme Bier

Eliseu Padilha

Alcides Lopes Tacks

Martus Tavares