Key Benefits:
DECREE NO 6,767, DE February 10, 2009.
Promulga the Agreement between the Government of Federative Republic of Brazil and the Government of the Republic of Korea on Cooperation in the Defence Domain, firmed in Brasilia on March 31, 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 the Republic of Korea celebrated, in Brasilia on March 31, 2006, an Agreement on Cooperation in the Defence Domain ;
Considering that the National Congress has approved this Agreement through Legislative Decree no 283, of September 18, 2008 ;
Considering that the Agreement entered into international vigor on November 5, 2008, in the terms of its Article 8 ;
DECRETA:
Art. 1o The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea on Cooperation in the Domain of Defense, firmed in Brasilia on March 31, 2006, apensed by copy to this Decree, will be executed and fulfilled as entirely as it contains.
Art. 2o They are subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any supplementary adjustments that, in the terms of the art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.
Art. 3o This Decree goes into effect on the date of its publication.
Brasilia, February 10, 2009 ; 188o of Independence and 121the of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL
AND THE GOVERNMENT OF THE REPUBLIC OF KOREA ON COOPERATION
NO DOMAIN OF DEFENSE
The Government of the Federative Republic of Brazil
and
The Government of the Republic of Korea
(henceforth referred to as those?Parts? and separately as the?Part?),
Sharing the understanding that mutual cooperation in the field of Defense will surely incrementing the relationship between the Parties ;
Seeking to contribute to international peace and prosperity ;
Recognizing that this cooperation in the field of defence will serve as the foundation for future all other fields of common interest between the Parties ;
Recognizing the sovereignty and equality of states and non-interference in the areas of jurisdiction exclusive of the same ;
Wake up the following:
ARTICLE 1
Scope of Cooperation
The cooperation between the Parties, governed by the principles of equality, reciprocity and the interest mutual, respecting their respective national laws, their international regulations and obligations assumed, has as objectives:
a) the Parties undertake to cooperate in the fields of the defence industry and logistical support ;
b) the Parties undertake to cooperate in the exchange of military technology, encouraging visits mutual 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 Defense, including National Security and operational experiences ;
d) the Parties undertake to cooperate in the field of education and military training, by means of of joint or coordinated research and practice, exchange of military experts, students and others that are related to the above-mentioned fields ;
e) the Parties undertake to cooperate in the field of humanitarian assistance, relief the disaster of field, as well as in the field of peace operations, in order to promote peace and stability ;
f) the Parties will be able to cooperate, by common agreement, in other areas related to Defence.
ARTICLE 2
Contact Points
1.Qualquer coordination in the course of implementation of this Agreement should be conducted by Points of Contact of the duly authorized Parties.
2.Os respective authorized Contact Points will be:
a) on the part of Korea, the Department of International Defense Policy of the Ministry of Defense of the Republic of Korea ;
b) by Part of Brazil, the Ministry of Politics, Strategy and International Affairs of the Ministry from the Defense of the Federative Republic of Brazil.
ARTICLE 3
Financial Responsibilities
1.Cada Party will be responsible for your expenses, including:
a) the transportation costs of and to the point of entry in the host state ;
(b) the expenses relating to your staff, including those for food and accommodation ;
c) the expenses for medical treatment, dental, removal or evacuation of your sick staff, injured or deceased.
2.Todos the costs arising from the activities under this Agreement will be subject to the availability of monies between the Parties.
ARTICLE 4
Healthcare
Without prejudice to Article 3 (1) c, the Receptor Party shall provide for the medical treatment of diseases requiring emergency treatment in Remetent Party personnel, during the development of activities within the framework of bilateral defence cooperation programs, in medical establishments of the Armed Forces and, should necessary, in other establishments, by staying the Remote Party Responsible for the expenses with such personnel.
ARTICLE 5
Safety of Classified Materials
1.A safety of the subject matter classified in the field of defence, which will come to be exchanged under this Agreement, shall be regulated between the Parties by means of Agreement for the protection of classified matter to be concluded between the Parties.
2.Enquanto the aforementioned Agreement referred to in the previous item does not enter into force, all of classified military information, exchanged or generated directly between the Parties, will be protected in accordance with the following principles:
a) the recipient Party shall not provide any government, organization or third party equipment or military technology, or dissemination information obtained under that Agreement, without the prior authorization of the sender Party ;
b) the recipient Party shall make the classification of equal degree to that assigned by the sender Party and will consequently take the necessary protective measures ;
c) the information will only be used for the purpose for which it was provided.
3.As their respective responsibilities and obligations of the Parties as to security and security arrangements classified matter protection will continue to apply notwithstanding the termination of this Agreement.
ARTICLE 6
Supplementary Protocols / Emendas/Revision / Programs
1.Com the consent of the Parties, Supplementary Protocols may be signed in areas specific Defence cooperation, involving military and civilian entities, under this Agreement.
2.Os programmes of activities arising from this Agreement or of the aforementioned Completed Protocols will be elaborate, developed and implemented by authorized personnel of the Ministry of Defense of the Federative Republic of Brazil and the Ministry of Defense of the Republic of Korea.
3.Este Agreement may be amended or revised with the consent of the Parties, by exchange of Notes, by intermediate of diplomatic channels.
4.O commencement of negotiation of the Supplementary Protocols, amendments or revisions should occur within 60 days after receipt of the notification of the other Party of the wish to begin such negotiations. The said instruments shall become part of this Agreement and shall enter into force as provided for in Article 8.
ARTICLE 7
Resolution of Controversies
Any dispute concerning the interpretation or application of this Agreement will be resolved exclusively by means of consultations between the Parties.
ARTICLE 8
Entry into force, Vigence and Denpronunciation
1.O this Agreement shall enter into force on the thirtieth day after the date of receipt of the last notification, in writing and by diplomatic means, that the internal law requirements of the Parties have been met, necessary for this Agreement to come into effect.
2.Este Agreement shall remain in force until one of the Parties decides, at any time, to denounce it, in writing and by diplomatic. The complaint shall take effect ninety (90) days after the receipt of the notification of the other Party.
3.A denunciation will not affect the programmes and activities under way under this Agreement, unless that the Parties decide otherwise.
In testimony than, the underwritten, being duly authorized by their respective Governments, sign below the present Agreement.
Celebrated in Brasilia, on March 31, 2006, in the Portuguese, Korean and English languages, all being the equally authentic texts. In case of any doubt in interpretation, the text in the English language will prevail.
BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL
JULIO SABOYA ARAÚJO JORGE
Secretary for Politics, Strategy and International Affairs of the Ministry of Defense
BY THE GOVERNMENT OF THE REPUBLIC OF KOREA
HWANG KYU SIK
Minister of National Defense
