Decree No. 6,748, January 22 2009

Original Language Title: Decreto nº 6.748, de 22 de Janeiro de 2009

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DECREE NO 6,748, DE January 22, 2009.

Promulga the Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Mozambique on the Combat to Production, Consumption and Illicit Trafficking of Entorpecents, Psychotropic Substances and on Combating The Washing Activities of Assets and Others Fraudulent Financial Transactions, firmed in Brasilia, on August 31, 2004.

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 Mozambique, celebrated, in Brasilia, on August 31, 2004, an Agreement on Combating Production, Consumption and Illicit Trafficking of Entorpecents, Psychotropic Substances and on Combating Assets Laundering Activities and Other Financial Transactions Fraudulent ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 273, of September 18, 2008 ;

Considering that the Agreement entered into international vigour on September 26 of 2008, under the terms of its Article 11 ;

DECRETA:

Art. 1o The Agreement on Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Mozambique on the Combat to Production, Consumption and Illicit Trafficking of Entorpecents, Psychotropic Substances and on the Combat to Assets Laundering Activities and Other Fraudulent Financial Transactions, firmed in Brasilia, on August 31, 2004, apse by copy to the present 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, January 22, 2009 ; 188th of the Independence and 121 of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

AGREEMENT OF COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC

DO BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE ON THE

COMBATING PRODUCTION, CONSUMPTION AND ILLICIT TRAFFICKING OF

ENTORPECENTS, PSYCHOTROPIC SUBSTANCES AND ABOUT THE

FIGHTING THE ASSET WASHING ACTIVITIES AND

OTHER FRAUDULENT FINANCIAL TRANSACTIONS

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Mozambique

(henceforth named?Contracting Parties?),

Aware of the fact that the production, consumption and illicit trafficking of drugs constitute a serious threat to the political, economic and social structures of states as well as public health and tranquility ;

In view of the role that misuse of drugs plays as one of the major sources of financial resources of organized crime ;

Recognizing the importance of international cooperation in the fight against undue use and trafficking illicit number of narcotics and psychotropic substances that cause physical or psychic dependence ;

Considering the determination of the Contracting Parties to coibin the trafficking in drugs and related offences, including to?washing? or concealment of goods, rights or values arising from crime and in denying criminal organizations and individuals access to national financial systems ;

In the spirit of the United Nations Conventions on combating drugs in particular the Convention Unique on Entorsion 1961 and its Additional Protocol of 1972, the 1971 Convention on Psychotropic Substances and the Convention Against Illicit Trafficking of Entorsies and Psychotropic Substances 1988 as well as other instruments international legal matters ;

Inspired by the rulings and recommendations emanating from the United Nations General Assembly in its Special session on the drugs problem held in 1998, especially the principles agreed during the said session of among which is the shared responsibility among all countries in finding solutions to the problem of illicit drugs,

Wake up the following:

ARTICLE 1

Purposes and Definition

1.Sem prejudice to the laws and regulations in force in their respective countries as well as rights and of the obligations under bilateral and multilateral conventions signed by the Contracting Parties, or to which they have acceded, the Contracting Parties propose to intensify cooperation both in combating production, trafficking and the misuse of psychotropic substances or illicit drugs that cause physical or psychic addiction, as to combating international money laundering activities and related financial transactions.

2. For?entorsinents? understand?narcotic?.

3. For?washing of assets? understand?laundering of capital?.

ARTICLE 2

Principles

The Contracting Parties shall comply with the obligations of this Agreement respecting the principles of the non-intervention in internal affairs, legal equality and respect for the territorial integrity of states.

ARTICLE 3

Scope of Cooperation

1. Assistance shall include any form not prohibited by the laws of the requested State, including the taking of testimony, provision of documents, seizure of goods, location or identification of physical or legal persons or goods.

2. The transfer of persons in custody to criminal proceedings in connection with the implementation of this Agreement shall be made on the basis of specific agreements on

3. In order to achieve the objectives provided for in Article 1 of this Agreement, the authorities designated by the Contracting Parties shall participate in the following activities:

a) intelligence exchange on the identification of cultivation sites and processing of drugs ; regulation and monitoring of the production, import, export, storage, distribution and sale of precursors, chemical products and essential solvents that may be employed in the illicit production of drugs ;

b) exchange of police and judicial information on products and drug dealers illicit ;

c) exchange of information on new routes, methods and means employed by traffickers of drugs, organisations and individuals involved in the trafficking of drugs and related offences ;

d) exchange of information on judicial sentences handed down against drug dealers, organizations and individuals involved in the trafficking of drugs and related offences ;

e) supply, upon request by one of the Contracting Parties, of criminal background of drug traffickers and organizations of individuals involved in the trafficking of drugs and related offences ;

f) exchange of information on the respective legislations, programmes and experiments in the area of fight the drug ;

g) elaboration of joint projects, especially in the areas of scientific research and exchange technological with a view to the coordinated combat of illicit trafficking and the abuse of illicit substances or drugs that cause physical or psychic dependence, the diversion and employment of chemical precursors, the treatment, recovery and social reinsertion of users of drugs and chemical dependants ;

h) cooperation in the implementation of policies and measures that reduce drug demand through activities of prevention, treatment, recovery and social reinsertion of users of drugs and chemical dependants ;

i) cooperation in the drafting and implementation of appropriate educational publi raise public awareness of the shared responsibility of all segments of government and civil society at all levels as far as efforts to combat drug abuse are concerned.

ARTICLE 4

Exchange of Experts

1. For the purposes of implementing the objectives of this Agreement, any of the Contracting Parties may propose the exchange of experts and trainees for the purpose of allowing for mutual learning and with a view to incremental capacity to fight financial crimes, production and illicit trafficking of drugs that cause physical or psychic dependence as well as the deviation and illicit employment of chemical precursors.

2. The Contracting Parties may promote the holding of joint lectures or conferences with a view to intensifying the cooperation and exchange of experiences and ideas.

3. The Contracting Parties may choose to cooperate in other ways which they deem appropriate.

ARTICLE 5

Mutual Legal and

The Contracting Parties undertake to provide mutual legal cooperation in criminal matters of compliance with the respective domestic law and in accordance with the international legal instruments of which they are a party

ARTICLE 6

Confiscation of Bens

1. The Contracting Parties may adopt measures that are necessary to identify, freeze or confiscate assets arising from the trafficking of drugs and related offences as well as money laundering and other related financial crimes.

2. The fate of the goods referred to in n. 1 of this Article shall be determined in accordance with the legislation of the country of seizure.

ARTICLE 7

Secrecy

None of the Contracting Parties may transfer to third parties any information, data, documents or technical means received in accordance with this Agreement without the prior, written consent of the Contracting Party that offered them.

ARTICLE 8

Follow-up of the Agreement

With a view to achieving the objectives of this Agreement, the representatives of both Parties Contractors should meet at least once a year, alternately in the territory of each of the Parties, upon request, by diplomatic means to:

a) to recommend to Governments Joint action programmes to be drawn up by the competent bodies of each country in accordance with this Agreement ;

b) assess the fulfilment of the said action programmes ;

c) establish efficient channels of communication between the competent bodies of both countries responsible for combating production, trafficking and the misuse of illicit drugs that cause physical or psychic dependence ;

d) make the recommendations they deem relevant for the better implementation of this Agreement.

ARTICLE 9

Competent Authorities

The Contracting Parties designate their respective foreign ministers to coordinate the activity provided for in this Agreement to be implemented by the governmental bodies of both countries.

ARTICLE 10

Resolution of Disputes

disputes that result from the interpretation and application of this Agreement shall be resolved by way of friendly or trade negotiation.

ARTICLE 11

Final Provisions

1. The expenditure arising from the implementation of the activities provided for in this Agreement shall be agreed upon on a casing by both Contracting Parties

2. This Agreement shall enter into force on the date of receipt, by diplomatic means, of the second communication in which it informs compliance with the necessary internal legal requirements for its approval.

3. This Agreement may be amended by mutual consent of the Contracting Parties upon the exchange of diplomatic notes.

4. Any of the Contracting Parties may give termination of this Agreement by termination formalized by diplomatic note, which shall take effect 6 (six) months after the date of receipt by the other Party.

In testimony than the undersigned, duly authorized by their respective Governments, have signed this Agreement.

Firmed in Brasília, at the 31 days of the month of August 2004, in 2 (two) original copies, written in Portuguese language, both being equally valid and authentic texts.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

BY THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE

ALMERINDO OF THE MANHENJE CROSS

Minister for Defence Affairs and

Security and Minister of the Interior