Provisional Measure No. 1,939-35, Of 16 November 2000

Original Language Title: Medida Provisória nº 1.939-35, de 16 de Novembro de 2000

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PROVISIONAL MEASURE NO 1.939-35, November 16, 2000.

Restores the duration of Law No. 8,989 of February 24, 1995, which has on the exemption from the Tax on Industrialized Products (IPI) in the purchase of cars intended for autonomous passenger transportation and the use of persons with a physical disability, reduces the import tax for the products that specific, 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 duration of Law No 8,989 of February 24, 1995 is restored, which, with the amendments determined by the art. 29 of Law No. 9,317 of December 5, 1996, passes into force until December 31, 2003.

§ 1º In the period 1º from October to December 31, 1999, the duration of Law No. 8,989, 1995, will observe the prescriptions contained in art. 2º of Law No. 9,660 of June 16, 1998.

§ 2º It is maintained, the tax exemption for physical disability holders in the form of art. 1º, inciso IV, of Law No. 8,989, 1995, for the acquisition of vehicles powered by any fuel.

Art. 2º The art. 1º of Law No. 8,989, 1995, amended by art. 29 of Law No. 9,317 of December 5, 1996, passes effect with the following changes:

?Art. 1º They are exempt from the Tax on Industrialized Products (IPI) the national manufacturing passenger cars of up to 127HP gross power (SAE), from at least four doors, including access to baggage, powered from source fuels renewable, when acquired by:

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Single Paragraph. The requirement for four-door car acquisition and up to 127HP of raw power (SAE) does not apply to the physical disabled that it treats the inciso IV of the caput of this article.? (NR)

Art. 3º Law No. 9,660, 1998, passes vigorously with the following changes:

?Art. 1º .....................................................................................................................................

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§ 2º Excludes the obligation provided for in this article the vehicles components of the Armed Forces fleet, those of representation of the holders of the Powers of the Union, the States, the Federal District and the Municipalities and, as per the dispose regulation, those intended for the provision of public services on border strips and localities devoid of supply with renewable fuels.? (NR)

?Art. 2º .....................................................................................................................................

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§ 3º It is excluded from the mandatory requirement in the caput of this article the national vehicle intended for the integral part of diplomatic missions, career consular repartitions and special delegations accredited to the Government Brazilian, as well as the official, expert, technician or consultant of representations of international or regional bodies of permanent character, of which Brazil is a member, or amalled by international agreements concluded by Brazil, observed the principle of reciprocity when cabin, provided that of foreign nationality and not posits permanent residence in Brazil.? (NR)

Art. 4º The willing on art. 2º of this Provisional Measure only applies from 1º to January 2000.

Art. 5º It is reduced by forty percent the import tax incident on the import of parts, parts, components, assemblies and subsets, finished and semi-finished, and tyres.

§ 1º The provisions of caput apply exclusively to imports intended for the productive processes of automakers and manufacturers of:

I-light vehicles: cars and light commercials ;

II-bus ;

III-trucks ;

IV-trailers and semi-rebounds ;

V-chassis with motor ;

VI-carroceries ;

VII-road tractors for semi-rebounders ;

VIII-agricultural tractors and harvesters ;

IX-road machinery ; and

X-auto parts, components, sets and subsets necessary for the production of the vehicles listed in the incisos I to IX, included those intended for the market for reposition.

§ 2º The willing in the arts. 17 and 18 of Decree-Law No. 37 of November 18, 1966, and in Decree-Law No. 666 of July 2, 1969, shall not apply to products imported under this article, object of declarations of imports registered as of January 7, 2000.

Art. 6º The fruition of the import tax reduction of which this Provisional Measure depends on specific habilitation in the Integrated Exterior Trade System-SISCOMEX.

Single Paragraph. The habilitation request will be made upon petition addressed to the Foreign Trade Office of the Ministry of Exterior Development, Industry and Trade, containing:

I-proof of regularity with the payment of all federal social tributes and contributions ;

II-authenticated copy of the enrollment card in the National Cadastro of Legal Person ;

III-proving, exclusively for the frabricing companies of the products related in the inciso X of § 1º of the previous article, that more than fifty per cent of its annual net turnover is stemming from the sale of these products, intended for the assembly and manufacture of the related products in the incisos I to X of the quoted § 1º and to the market for reposition.

Art. 7º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.939-34 of October 19, 2000.

Art. 8º This Provisional Measure shall come into force on the date of its publication.

Brasilia, November 16, 2000 ; 179º of Independence and 112º of the Republic.

Fernando henrique cardoso

Luiz Felipe Lampreia

Pedro Malan

Alcides Lopes Tacks