Decree No. 6767, of 10 FEBRUARY 2009.
Promulgates the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea on cooperation in the field of defence, signed in Brasilia on 31 March 2006.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Korea signed in Brasilia on 31 March 2006, an agreement on cooperation in the field of defence;
Whereas the National Congress approved this Agreement by means of legislative decree in 283, of 18 September 2008;
Whereas the agreement entered into force internationally on November 5 2008, under its Article 8;
DECREES: Art. 1 the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea on cooperation in the field of defence, signed in Brasilia on 31 March 2006, attached by copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, 10 February 2009; 188 of independence and 121 of the Republic.
LUIZ INACIO LULA DA SILVA Celso Luiz Nunes Amorim AGREEMENT BETWEEN the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL and the GOVERNMENT of the REPUBLIC OF KOREA on COOPERATION in the FIELD of DEFENCE in the Government of the Federative Republic of Brazil and the Government of the Republic of Korea (hereinafter referred to as the? Parts? and separately as the? Part?), Sharing the understanding that mutual cooperation in the field of Defense will surely enhance the relationship between the parties;
Seeking to contribute to international peace and prosperity;
Recognizing that such cooperation in the defense field will serve as a basis for future cooperation in all other fields of common interest between the parties;
Recognizing the sovereignty and equality of States and non-interference in areas of exclusive jurisdiction;
Agree as follows: ARTICLE 1 Scope of cooperation cooperation between the parties, governed by the principles of equality, reciprocity and mutual interest, in compliance with their national laws, their regulations and international obligations undertaken, aims to: a) the parties undertake to cooperate in the fields of defense industry and logistics support;
(b)) the parties undertake to cooperate in the exchange of military technology, encouraging mutual visits of scientists and technicians, or sharing knowledge and experience in military technology;
(c)) the parties undertake to cooperate in the exchange of knowledge and experience in matters related to the defence, including national security and operational experiences;
(d)) the parties undertake to cooperate in the field of education and military training, through joint research and practices or coordinates, exchange of military experts, students and others who are related to the aforementioned fields;
and) the parties undertake to cooperate in the field of humanitarian assistance, disaster relief, as well as in the field of peace operations, in order to promote peace and stability;
f) the parties may, by mutual agreement, cooperate in other areas related to defense.
ARTICLE 2 points of contact 1. Any coordination in the course of implementation of this Agreement shall be conducted by points of contact of the parties duly authorized.
2. The respective authorized Contact points will be: a) on the part of Korea, the International Defence Policy Department of the Ministry of defence of the Republic of Korea;
b) for part of Brazil, the Secretariat for policy, strategy and international affairs of the Ministry of Defense of the Federative Republic of Brazil.
ARTICLE 3 financial liabilities 1. each Party shall be responsible for their expenses, including: a) transport costs to and from the point of entry into the host State;
b) expenditure relating to its employees, including food and accommodation;
c) expenses for medical treatment, dental, removal or evacuation of its staff sick, injured or deceased.
2. All costs arising out of the activities under this agreement will be subject to availability of funds between the parties.
ARTICLE 4 Medical Assistance Without prejudice to the provisions of article 3 (1) (c), the receiving party shall provide the medical treatment of diseases that require emergency treatment at Sender Part, during the development of activities within the framework of bilateral programmes of cooperation in the field of defence, in medical establishments of the armed forces and, if necessary, in other establishments, the Sender Part responsible for expenditure on these people.
ARTICLE 5 safety of materials classified 1. Security of classified materials in the field of Defense, that may be exchanged under this agreement, shall be governed between the parties through Agreement for the protection of classified matters to be concluded between the parties.
2. While the above-mentioned Agreement referred to in the preceding item does not enter into force, all classified military information, exchanged or generated directly between the parties, will be protected in accordance with the following principles: a) the receiving party will not provide any Government, organization or third party equipment or military technology, or disseminate information obtained under this Agreement, without the prior permission from the sender;
b) the receiving party shall equal the degree classification assigned by the sender and therefore take the necessary protection measures;
c) information will only be used for the purpose for which it was provided.
3.As respective responsibilities and obligations of the parties as the security measures and protection of classified matter will continue to apply notwithstanding termination of this agreement.
ARTICLE 6 additional protocols/Amendments/revision/1.Com Programs the consent of the Parties, additional protocols may be signed in specific areas of defense cooperation, involving military and civilian entities, in terms of this agreement.
2. the programmes of activities arising out of this agreement or of these Protocols Complete shall be developed, designed and implemented by authorized personnel of the Ministry of Defense of the Federative Republic of Brazil and the Ministry of defence of the Republic of Korea.
3. This agreement may be amended or revised with the consent of the parties, by an exchange of Notes through diplomatic channels.
4. The beginning of negotiation of additional protocols, amendments or revisions should take place within 60 days after receipt of the notification of the other party's desire to start such negotiations. These instruments will be a part of this agreement and shall enter into force as provided for in article 8.
ARTICLE 7 settlement of Disputes any dispute concerning the interpretation or application of this Agreement shall be resolved exclusively through consultations between the parties.
ARTICLE 8 entry into force, duration and Termination 1. This agreement shall enter into force on the thirtieth day after the date of receipt of the last notification, in writing and through diplomatic channels, that complied with the requirements of national law of the parties, necessary for this agreement come into effect.
2. This agreement shall remain in effect until one of the parties decide, at any time, denounce him, in writing and through diplomatic channels. The complaint will 90 (90) days after the receipt of the notification of the other party.
3. The denunciation shall not affect ongoing programs and activities under this agreement, unless the parties decide otherwise.
In witness whereof, the duly authorized by being entered into, their respective Governments, signed under this agreement.
Celebrated in Brasilia, on 31 March 2006, in Portuguese, Korean and English languages, all texts being equally authentic. In the event of any doubt in the interpretation, the English text shall prevail.
By the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL JULIO SABOYA AGUILAR JORGE Secretary of policy, strategy and International Affairs of the Ministry of defence by the GOVERNMENT of the REPUBLIC OF KOREA HWANG KYU SIK Minister of national defence