DECREE NO 5,984 OF December 12, 2006.

Promulga the Assistance Agreement Judicial in Criminal Matters between the Federative Republic of Brazil and Ukraine, celebrated in Kiev, on January 16, 2002.

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 Federative Republic of Brazil and Ukraine celebrated, in Kiev, on January 16 of 2002, the Agreement on Judicial Assistance in Criminal Matters ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 67, of April 18, 2006 ;

Whereas the Agreement entered into international vigor on October 24, 2006, pursuant to the paragraph 2nd of its Article XXI ;

DECRETA:

Art. 1st The Agreement on Judicial Assistance in Criminal Matters between the Federative Republic of Brazil and Ukraine, celebrated in Kiev on January 16, 2002, apse by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, December 12, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 12/13/2006

JUDICIAL ASSISTANCE AGREEMENT IN MATTER PENAL BETWEEN

THE FEDERATIVE REPUBLIC OF BRAZIL AND UKRAINE

The Federative Republic of Brazil

and

The Ukraine,

(henceforth denominated?Parts?),

Wish to facilitate the implementation of the tasks of the competent bodies by the compliance with the law of both the countries, in research, inquiry, criminal action and crime prevention through cooperation and mutual legal assistance in criminal matters,

Wake up the following:

ARTICLE I

Reach of Assistance

1. The Parties shall require mutual assistance under this Agreement in respect of investigation, inquiry, criminal action, prevention of crimes and lawsuits related to criminal offences.

2. The assistance will include:

a) takeover or statements of persons ;

b) provision of documents, records and goods ;

c) location or identification of physical or legal persons or goods ;

d) delivery of documents ;

e) transfer of persons in custody to provide testimony or other purposes ;

f) execution of search and seizure requests ;

g) assistance in procedures related to immobilization and confiscation of goods, restitution, collection of fines ; and

h) any other form of assistance not prohibited by the laws of the Redarling Party.

3. Assistance will be provided further that the fact subject to investigation, inquiry or criminal action is not punishable in the legislation of both Parties.

4. This Agreement is intended only for mutual legal assistance between the Parties. Your devices will not give right to any individual to obtain, suppress or delete any evidence or prevent a solicitation from being met.

ARTICLE II

Central Authorities

1. The Parties shall designate Central Authorities to send and receive requests in compliance with this Agreement.

2. For the Federative Republic of Brazil, the Central Authority will be the Ministry of Justice. For Ukraine, the Central Authorities will be the Ministry of Justice, in case of legal proceedings, and the Prosecutor-General in the event of investigations or inquiries.

3. The Central Authorities shall communicate directly to the finalities stipulated in this Agreement.

ARTICLE III

Restrictions on Assistance

1. The Redear Party Central Authority may deny assistance if:

a) the solicitation refers to the offence provided for in military legislation, without however constituting a crime common ;

b) the request for the request to impair security or similar essential interests of the Required Part ; or

c) the solicitation is not made in accordance with the Agreement.

2. Before denying assistance on the basis of the provisions of this Article, the Central Authority of the Party shall consult with the Central Authority of the Applicant to assess whether assistance may be provided under the conditions considered necessary. Should the Applicant Party accept such conditional assistance, such conditions shall be respected.

3. Should the Central Authority of the Redear Party deny the assistance, it should inform the Central Authority of the Party Applicant of the reasons for this denegation.

ARTICLE IV

Form and Contents of Requests

1. The request for assistance is to be made in writing unless the Central Authority of the Dear Dear acquires solicitation in another form, in situations of urgency. In that case, if the solicitation has not been made in writing, it should be the same confirmed, in writing, within ten days, unless the Central Authority of the Dear Party agrees that it is done otherwise. The request will be accompanied by translation into the language of the Redear Party.

2. The request should contain the following information:

a) the name of the authority conducting the investigation, the investigation, the criminal action or the procedure related to the request ;

(b) description of the subject matter and the nature of the investigation, inquiry, criminal action or the procedure, including, as far as can be determined, the specific offence in question ;

c) description of proof, information or other intended assistance ; and

d) declaration of the purpose for which proof, information or other assistance are necessary.

3. When necessary and possible, the request should also contain:

a) information on the identity and location of any physical or legal person from whom search for a proof ;

b) information on the identity and location of a physical or legal person to be intimated, the your involvement with the process and the cabin subpoena procedure ;

c) information on the identity and location of a physical or legal person or an object to be found ;

d) precise description of the location or physical or legal person to be reviewed and of the goods to be apprehended ;

e) description of the form under which any deposition or statement should be taken and registered ;

f) list of the questions to be asked to the persons mentioned in the request ;

g) description of any special procedure to be followed in the fulfillment of the solicitation ;

h) information as to the cost aid and the rearson of expenses to which the person is entitled when invited to appear before the Requesting Party ; and

i) any other information that may be brought to the notice of the Redarling Party, to facilitate the fulfillment of the request.

ARTICLE V

Fulfillment of Requests

1. The Central Authority of the Dear Party shall immediately comply with the solicitation or transmit it, when timely, to the authority which has jurisdiction to do so. The competent authorities of the Redarling Party shall make every effort in order to meet the request. The fairness of the Redarling Party shall issue subpoenas, search warrants, and seizure or other orders required to comply with the solicitation.

2. The Central Authority of the Dear Party shall arrange for whatever is necessary and shall arrange for the expenses of representation of the Requesting Party in the Redarling Party, in any proceedings originating from a request for assistance, pursuant to this Agreement.

3. Requests will be executed in accordance with the laws of the Redear Party, unless the terms of this Agreement have otherwise. The method of execution specified in the solicitation must, however, be followed, except in respect of the prohibitions laid down in the laws of the Redarling Party

4. Should the Central Authority of the Party deal conclude that the fulfillment of a solicitation will interfere with the course of an investigation, enquiry, criminal action or ongoing procedure in that Part, it may determine that the fulfillment of the service is postponed. solicitation, or choose to meet it under the conditions judged necessary after consultation with the Central Authority of the Applicant Party. Should the Applicant Party accept such conditional assistance, it must comply with the stipulated conditions.

5. When requested by the Central Authority of the Applicant Party, the Redear Party shall engage to the maximum in order to maintain the confidential character of the solicitation and its contents. If the solicitation cannot be met without the breach of that confidentiality, the Central Authority of the Party deal shall inform the Central Authority of the Requesting Party, which then shall decide whether or not it should still be executed a request.

6. The Central Authority of the Dear Party will respond to reasonable compensation made by the Central Authority of the Applicant with respect to the progress of a requested assistance.

7. The Central Authority of the Redarling Party shall immediately inform the Central Authority of the Requesting Party on the outcome of the request for the request. Should the solicitation be denied, delayed or deferred, the Central Authority of the Dear Party shall inform the Central Authority of the Party Applicant of the reasons for denigration, delay or postponement.

VI ARTICLE

Costs

The Required Part will arral with all costs related to the fulfillment of the request, with the exception of the fees due to the expert, the costs of translation, interpretation and transcription, as well as cost and expenses aid resulting from the transport of persons, in accordance with Articles X and XI of this Agreement, cases in which they shall be given to the Party Applicant.

ARTICLE VII

Restrictions on Use

1. The Central Authority of the Dear Party may request that the Applicant Party cease to use any information or evidence obtained by virtue of this Agreement in investigation, inquiry, criminal action or procedures other than those described in the solicitation, without the prior consent of the Central Authority of the Redear Party. In such cases, the Applicant Party shall comply with the established conditions.

2. The Central Authority of the Redarling Party may request that the information or evidence produced by virtue of this Agreement be kept confidential or used only under the terms and conditions specified by it. Should the Applicant Party accept the information or evidence subject to these conditions, it shall respect them.

3. None of the devices contained in this Article shall constitute impediment to the use or disclosure of the evidence or information in so far as there is legal obligation in that regard in the Applicant Party within the framework of criminal action. The Requesting Party shall notify the Redeal Party beforehand of the possible use or disclosure of such information or evidence.

4. Information or evidence that has been made public in the Applicant Party, pursuant to paragraph 1 or 2, may, from then on, be used for any purpose.

ARTICLE VIII

Testimony or Production of Proof in the Redear Party

1. A person subpoenaed to testify or to submit evidence, under this Agreement, shall be obliged, when necessary, to present himself and to testify or display documents, records and goods.

2. Upon request, the Central Authority of the Dear Party shall anticipate information on date and place of the taking of evidence or production of evidence, in accordance with the provisions of this Article.

3. The Requested Party will allow for the presence of persons indicated in the solicitation, in the course of their service, and will allow them to submit questions to be directed to the person who will give testimony or present evidence.

4. Should the person mentioned in paragraph 1 claim condition of immunity, disability or privilege provided for in the laws of the Applicant Party, the testimony or evidence must, however, be taken, and the allegation, in writing, shall be brought to the notice of the Central Authority of the Applicant Party.

5. Persons mentioned in paragraph 1 who enjoy privilege, immunity or inviolability in the Dear Party may only be required to testify and submit documents, records and goods, to the extent permitted by the legislation of the Part Required.

6. The testimonials and documents received in the Redarling Party, if properly certified, will maintain their proof value in the Applicant Party.

ARTICLE IX

Official Records

1. The Requested Party shall provide the Applicant Party with copies of general access documents, including documents or information of any nature, available in the organs and state entities of the Redear Party.

2. The Requested Party may provide copies of any records, including documents or information that are under the custody of authorities in that Part, to the same extent and under the same conditions as to which they would be available to their own authorities police or judicial. The Requested Party may, at its discretion, negate, in whole or in part, a solicitation regarding documents not available to the general public.

ARTICLE X

Testimony and proof in the Applicant Party

1. Where the Applicant Party requests the appeal of a person in that Party for testimony or evidence, the Redear Party shall invite such person to appear before the competent authority in the Applicant Party. The Requesting Party shall determine the amount of the expenses to be covered. The Central Authority of the Redarling Party shall inform the Central Authority of the Applicant of the response of the person immediately.

2. The Central Authority of the Requesting Party may, at its discretion, determine that the person invited to appear before the Applicant Party, in accordance with that set out in this Article, will not be subject to subpoena, detention or any restriction of personal freedom, resulting from any acts or convictions prior to your departure from the Redear Party.

3. The safe-conduct provided on the basis of this Article shall forfeit the validity seven days after the notification, by the Central Authority of the Party Applicant to the Central Authority of the Redarling Party, that the presence of the person is no longer necessary, or when the person, having already left the Applicant Party, to her return voluntarily. The Central Authority of the Applicant Party may, at its discretion, extend that period for up to fifteen days.

XI ARTICLE

Rear of People under Custody

1. A person in custody of the Dear Party, whose presence in the Applicant Party is requested for assistance purposes under this Agreement, shall be rear from the Dear Party to the Applicant Party for that purpose, should the person consents, and if the Central Authorities of both Parties also agree.

2. A person in the custody of the Applicant Party, whose presence in the Redarling Party is requested for assistance purposes under this Agreement, may be transferred from the Applicant to the Redear Party, should the person consents, and if the Central authorities of both Parties also agree.

3. For the purposes of this Article:

(a) the receiving Party shall have competence and obligation to keep the person rear in custody, save authorization to the contrary by the sender ;

b) the receiving Party will return the rear person to the custodial of the sender as soon as the circumstances so permit, or as otherwise agreed upon agreed between the Central Authorities of both Parties ;

c) the receiving Party will not require the sender party to open the extradition process for the return of the translator ; and

d) the time when the person is kept in custody on the receiving Party will be computed in the compliance with the sentence imposed on it in the sender Party.

ARTICLE XII

Traffic of People under Custody

1. The Requested Party may authorize transit for its territory of a person held in the custody of a third party and whose personal attendance has been required by the Requesting Party for testimony, evidence or to provide other assistance in the investigation, persecution or criminal case related to the crime.

2. The Required Part will be authorized and obliged to keep that person in custody during their transit.

3. Each Party will be able to refuse the transit of its citizens.

ARTICLE XIII

Location or Identification of People or Bens

The Required Part will engage to the fullest in order to need the location or identity of physical or legal persons or goods discriminated against in the solici

ARTICLE XIV

Delivery of Documents

1. The Requested Party shall engage to the fullest extent to arrange for the delivery of documents relating, in whole or in part, to any request for assistance by the Applicant Party, in accordance with the devices of this Agreement.

2. Any document requesting the appeal of a person before the authority of the Applicant Party shall be issued with due notice in respect of the scheduled date for the appeal.

3. The Requested Part should present the voucher of the delivery of the documents in the form specified in the solicitation.

XV ARTICLE

Search and Seizure

1. The requested Party shall carry out the warrant for the search, seizure and delivery of any good to the Applicant Party, provided that the request contains information that justifies such action, under the laws of the Redear Party.

2. The Central Authority of the Redeal Party may request that the Requesting Party accept terms and conditions judged necessary for the protection of third party interests when transferring a good.

ARTICLE XVI

Return of Bens and Documents

The Central Authority of the Redeal Party may request the Central Authority of the Party Applicant to return, with the urgency possible, of any documents, records or goods, to it delivered on the grounds of the request for the object of the object of this Agreement.

ARTICLE XVII

Assistance in Bens Loss Processes

1. Should the Central Authority of one of the Parties take notice of the existence of products or instruments of crime located in the territory of the other Party and liable to confiscation or seizure, in accordance with the legislation of the Dear Party, it may inform the Central Authority of the other Party regarding that circumstance. If this Party has jurisdiction over matter, you can pass on that information to your authorities in order to assess the most appropriate action to be taken. These authorities will base their decision on the laws of their respective countries and incumbent on their Central Authority to inform the other Party as to the providence taken.

2. The Parties shall provide mutual assistance to the extent permitted by their respective laws governing the procedure for cases of seizure of proceeds and instruments of crime, restitution to victims of crime, and collection of fines imposed on them by criminal sentences. You may include among the actions provided for in this paragraph the temporary unavailability of these proceeds or instruments of the crime, pending trial of another proceeding.

3. The Party that has custody of the proceeds or instruments of crime of them will have in accordance with its law. Any Party may transfer these goods, in whole or in part, or the proceeds from its sale to the other Party, in accordance with the law of the Party that transfer and in the terms that it believes appropriate.

ARTICLE XVIII

Compatibility with Other Agreements

The terms of assistance and other procedures contained in this Agreement will not constitute impediment to that a Party provides assistance to the other based on devices from other applicable international agreements, or in accordance with their national laws. The Parties may also assist in the terms of any agreement, adjustment or other bilateral practical cabin.

ARTICLE XIX

Queries

The Central Authorities of the Parties shall hold consultations, in mutually agreed time intervals, in order to promote the most effective use of this Agreement. The Central Authorities may also establish agreement on practical measures that become necessary with a view to facilitating the implementation of this Agreement.

ARTICLE XX

Application

This Agreement will be applied to any solicitation submitted after the date of its entry into force, even though the acts or omissions that constitute the offence have occurred before that date.

ARTICLE XXI

ratification, Effective and Denunciation Procedure

1. This Agreement shall be subject to ratification and its instruments of ratification shall be exchanged as soon as possible.

2. This Agreement shall enter into force on the date of the exchange of the instruments of ratification.

3. The Parties may modify the present Agreement by mutual consent and such amendments shall enter into force by means of the exchange of notes, in writing, between the Parties, through diplomatic channels, informing that the internal formalities for their entry in effect have been completed.

4. Each Party shall be able to denounce this Agreement by means of notification, in writing, through diplomatic channels, to the other Party. The complaint shall take effect 6 (six) months of the date of notification.

Made in Kiev on January 16, 2002, in two original copies, in the Portuguese languages and Ukrainian, being both the equally authentic texts.

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE OF BRAZIL

CELSO LAFER

Minister of Foreign Affairs

BY THE GOVERNMENT OF UKRAINE

YURY SMIRNOV

Minister of the Interior