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Decree No. 4,604, 21 February 2003

Original Language Title: Decreto nº 4.604, de 21 de Fevereiro de 2003

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DECREE NO 4,604, DE February 21, 2003.

Disposes on the implementation of the Economic Supplementation Agreement no 56, between the Governments of the Republic of Bolivia, the Republic of Colombia, the Bolivarian Republic of Venezuela, the Republic of Ecuador and the Republic of Member States of the Andean Community, and of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to Mercosur, of December 6, 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 1980 Treaty of Montevideo, which created the Latin American Integration Association (ALADI), firmed by the Government of the Federative Republic of Brazil on August 12, 1980 and approved by the National Congress, by means of Legislative Decree No. 66 of November 16, 1981, provides for the modality of Economic Supplementation Agreement ;

Whereas the Plenipotentiaries of the Republic of Bolivia, the Republic of Colombia, the Bolivarian Republic of Venezuela, the Republic of Ecuador and the Republic of Peru, Paisms-members of the Andean Community, and the Republic Federative of Brazil, the Republic of Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the Mercosur, on the basis of the Treaty of Montevideo of 1980, signed, on December 6, 2002, in Brasilia, the Agreement of Economic Supplementation No. 56, between the Governments of the Republic of Bolivia, the Republic of Colombia, the Bolivarian Republic of Venezuela, the Republic of Ecuador and the Republic of Peru, Paisms-members of the Andean Community, and the Federative Republi from Brazil, the Republic of Argentina, the Republic of Paraguay, the Eastern Republic of Uruguay, States Parties to Mercosur ;

DECRETA:

Art. 1º The Agreement on Economic Supplementation No. 56, between the Governments of the Republic of Bolivia, the Republic of Colombia, the Bolivarian Republic of Venezuela, the Republic of Ecuador and the Republic of Peru Member States of the Andean Community, and of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to Mercosur, attached by copy to this Decree, shall be executed and fulfilled as entirely as it contains.

Art. 2º This Decree goes into effect on the date of its publication.

Brasilia, February 21, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Guimarães Neto

ECONOMIC SUPPLEMENTATION AGREEMENT N ° 56

CELEBRATED BETWEEN THE ANDINA COMMUNITY AND THE

SOUTHERN COMMON MARKET

The Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the MERCOSUR, and the Governments of the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, of the Republic of Peru and of the Bolivarian Republic of Venezuela, Member Countries of the Andean Community shall be named "Signatary Parties". For the purposes of this Agreement, the "Contracting Parties" shall, on a part, be MERCOSUR, and on the other part the Andean Community which subscribe to the Agreement.

CONSIDERING:

That it is necessary to strengthen and deepen the integration process of Latin America in order to achieve the objectives set out in the Treaty of Montevideo 1980 ;

That regional economic integration is one of the instruments available to Latin American countries to advance their economic and social development, in order to ensure a better quality of life for their peoples ;

That it is critical to offer economic actors clear rules for the development of the exchange of goods and services, as well as for the promotion of investments between MERCOSUR and the Andean Community ;

That the integration process should cover aspects concerning the development and full use of the physical infrastructure ;

That on December 17, 1996, Bolivia, Country Member of the Andean Community, subscribed to the Economic Supplementation Agreement no 36, upon which a Free Trade Zone between the Republic of Bolivia and MERCOSUR is established ;

That the present Agreement constitutes an important factor for the expansion of the trade exchange between MERCOSUR and the Andean Community ;

CONVEEM IN:

Celebrate the present Economic Supplementation Agreement between MERCOSUR and the Andean Community, in accordance with the established in the Treaty of Montevideo 1980 and in Resolution No. 2 of the Council of Foreign Ministers of the Latin American Integration Association (ALADI), as well as by the following provisions:

OBJECTIVES

Article 1st-

A) The Contracting Parties shall comply with a Free Trade Area, the negotiation of which is expected to be completed before December 31, 2003, upon tariff diswriting and the elimination of restrictions and other obstacles affecting trade reciprocal, in order to loger the expansion and diversification of trade exchanges.

B) The Free Trade Area will be formed from the convergence of the Commercial Liberalization Programmes, which will be negotiated by the Contracting Parties and / or Signataries.

C) Establish a legal milestone that allows to offer security and transparency to the economic agents of the Contracting Parties.

D) Promote and boost reciprocal investments between the economic agents of the Contracting Parties.

E) Promoting the development and utilization of physical integration with the purpose of enabling cost reduction and the generation of competitive advantages in regional trade and with third countries outside the region.

COVERAGE OF THE AGREEMENT

Article 2nd? Form part of this Economic Supplementation Agreement:

A) The agreements underwritten between the Member Countries of the Andean Community and the States Parties to the MERCOSUR, in the framework of the Treaty of Montevideo 1980, which will have its duration extended until December 31, 2003.

B) The agreements which conclude the Contracting Parties and / or Signatarias in the framework of the Treaty of Montevideo 1980. In this context, the principles contemplated in the Treaty of Montevideo 1980 will be considered and preserved.

C) For Bolivia, it will govern the Economic Supplementation Agreement at 36. However, it may be able to hold negotiations with the purpose of reconciling the ACE-36, as it corresponds, to the Agreements which the Parties subscribe to.

Article 3rd-As of the date of signing of this Agreement, negotiations shall be developed with a view to the definition of the Commercial Liberalization Programmes noted in article 1st b) and its corresponding normative.

ECONOMIC AND COMMERCIAL SUPPLEMENTATION

Article 4th-With the aim of supporting actions aimed at incrementing the trade exchanges of goods and services, the Signator Parties will stimulate, among other initiatives, the following:

A) The promotion of business meetings and other complementary activities that broaden trade and investment relations ;

B) The foster and support of commercial promotion activities such as: seminars, trade missions, symposia, trade fairs and exhibitions and industrialists ;

C) The development of trade facilitation activities ;

D) The exchange of information on trade policies ;

E) The promotion of supplementation and industrial integration, with the purpose of lograr the maximum use of the available resources and incremental trade of the Contracting Parties ; and,

F) The development of joint actions oriented to the implementation of projects for scientific and technological research, upon the exchange of knowledge and results of investigations and experiments, information on technology, exchange of goods, materials, equipment and services necessary for the realization of specific projects, joint research and organization of seminars, symposiums and conferences.

ADMINISTRATION OF THE AGREEMENT

Article 5th-The administration of this Agreement shall be in charge of an Integrated Administrator Commission, for one part, by the Common Market Group of MERCOSUR and, on the other, by the Altering Representatives before the Andean Community Commission.

The Administrator Commission will approve its internal regulation and meet in ordinary form once a year, and in an extraordinary manner as often as if necessary.

The Administrator Commission will adopt its decisions by consensus.

MEMBERSHIP

Article -This Agreement shall be open to the accession of the other member countries of the Latin American Integration Association, upon corresponding

AMENDMENTS AND ADDITIVES

Article 7th-The Contracting Parties may agree to any amendment or additive to this Agreement. The said amendments or additives shall be formalized upon subscription of Additional or amending Protocols.

VALIDITY

Article 8th-This Agreement shall enter into force after all Signator Parties communicate to the General Secretariat of ALADI compliance with the requirements required by its legislation to that end and shall be in effect until it is replaced by a Free Trade Agreement between the Contracting Parties.

FINAL PROVISION

Article 9th-The General Secretariat of the Latin American Integration Association (ALADI) shall be the depositary of this Agreement, from which it will deliver duly certified copies to the Signatary Parties.

IN FÉ DO QUAL, subscribe to this Agreement in the city of Brasilia, at the six days of the month of December 2002, in an original in the Spanish and Portuguese languages, both of which are equally valid texts. (Fdo.:) Pelos States Parties to MERCOSUR: By the Argentine Republic: Carlos Federico Ruckauf ; By the Federative Republic of Brazil: Celso Lafer ; By the Republic of Paraguay: José Antonio Moreno Ruffinelli ; By the Eastern Republic of Uruguay: Didier Opertti. By the Member Countries of the Communidad Andina: By the Republic of Bolivia: Carlos Saavedra Bruno ; By the Republic of Colombia: Jorge Humberto Botero ; By the Republic of Ecuador: Roberto Betancourt ; By the Republic of Peru: Raul Diez-Canseco Ferry ; By Bolivarian republic of Venezuela: Arévalo Mendez Romero.