DECREE NO 6,728, DE January 12, 2009.

Promulga the Protocol on Privileges and Imunits of the International Marine Funds Authority, signed in Kingston, on August 27, 1998.

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 National Congress has approved the text of the Protocol on Privileges and Immunities of the International Authority of the Marine Funds, signed in Kingston, on August 27, 1998, by means of Legislative Decree no 285, October 23, 2007 ;

Considering that the Brazilian Government has deposited the instrument of ratification of the said Protocol on November 16, 2007 ;

DECRETA:

Art. 1st The Protocol on Privileges and Immunities of the International Funds Authority Marine, apensed 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 Protocol or carries charges or written commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

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

Brasilia, January 12, 2009 ; 188th of the Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE

INTERNATIONAL AUTHORITY OF MARINE FUNDS

The States Parties to this Protocol,

Considering that the United Nations Convention on the Law of the Sea establishes the Authority International of the Marine Funds,

Recording that Article 176 of the United Nations Convention on the Law of the Sea provides that the Authority will have international legal personality and the legal capacity required for the performance of its functions and the fulfillment of its purposes,

Taking note that Article 177 of the United Nations Convention on the Law of the Sea provides that the Authority shall enjoy, in the territory of each State Party, of the privileges and immunities provided for in subsection G of section 4 of Part XI of the Convention, and that the privileges and immunities of the Company shall be those set out in Article 13 of Annex IV,

Recognizing that certain privileges and additional immunities are required for the exercise of the functions of the International Authority of the Marine Funds,

Wake up the following:

Article 1

Terms Employed

For the purposes of this Protocol:

a) By?Authority? is understood to be the International Authority of Marine Funds ;

b) By?Convention is understood to be the United Nations Convention on the Law of the Sea of December 10, 1982 ;

c) For?Agreement? is understood to be the Agreement on the Implementation of Part XI of the United Nations Convention on the Law of the Sea of December 10, 1982. In accordance with the Agreement, its provisions and Part XI of the Convention should be interpreted and implemented jointly as a single instrument ; this Protocol and the references therein to the Convention should be interpreted and applied accordingly ;

d) For?Company? is understood to be the authority body provided for in the Convention ;

and) By?member of the Authority? means:

i) Every State Party to the Convention ;

ii) Every State or entity that is a member of the Authority in provisional character according to the paragraph 12 (a) of section 1 of the Annex to the Agreement ;

f) By?representatives? is understood the representatives, alternating representatives, aides, technical experts and secretaries of delegations ;

g) By?Secretary-General? is understood to be the Secretary-General of the International Authority of Marine Funds.

Article 2

General provisions

Without prejudice to the legal condition, privileges and immunities granted to the Authority and to the Company, provided for respectively in subsection G of section 4 of Part XI and Article 13 of Annex IV to the Convention, each State Party to this Protocol shall accord to the Authority and its organs, to the representatives of the members of the Authority, to officials of the same and to the experts on mission by the Authority the privileges and immunities provided for in this Protocol.

Article 3

Legal Personality of the Authority

1.A Authority shall have legal personality. Will have legal capacity for:

celebrate contracts ;

acquire and alienate movable and real estate ;

be part in legal proceedings.

Article 4

Inviolability of Authority Installations

The Authority premises will be inviolable.

Article 5

Financial Capabilities of the Authority

1.Não may be the subject of controls, regulations or financial moratoria, the Authority may freely:

a) acquire any currencies, through the authorised channels, keep them and their disposal ;

b) owning funds, values, gold, precious metals or coins of any kind and operate accounts banking in any currency ;

c) transfer your funds, values, gold or coins from one country to another or within any country, as well as converting into another currency any currency that you possess.

2.A Authority, when exercising the rights set out in paragraph 1 of this Article, should take duly taken into account the submissions made by the Government of any Member of the Authority, to the extent that such submissions may be adopted without prejudice to the interests of the Authority.

Article 6

Flag and Emblem

The Authority will have the right to hoist its flag and display its emblem on its premises and in the vehicles used for official purposes.

Article 7

Representatives of the Members of the Authority

1.Os Representatives of the Members of the Authority participating in meetings convened by the Authority, during the exercise of their functions and in the round-trip pathways and back of the meeting place, shall enjoy the following privileges and immunities:

a) immunity from legal proceedings by oral or written statements and all acts that do in exercise of their duties, except when the member who expressly represents waiver of such immunity in specific case ;

b) immunity from detention or imprisonment and the same immunities and privileges granted to envoys diplomatic for your personal luggage ;

c) inviolability of all documents and papers ;

d) the right to use codes and to receive documents or correspondences by special mail or in sealed suitcases ;

e) exemption, for them and for their spouses, of immigration restrictions, formalities of registration of foreigners and of the obligation to provide any services of a national nature ;

f) the same privileges granted to representatives of foreign category governments comparable that they find themselves on temporary official mission with regard to exchange facilities.

2.De so that the representatives of the members of the Authority enjoy full freedom of expression and of independence in the performance of their duties, will continue to enjoy immunity from legal process with respect to all acts that have committed in the performance of their duties even after they have ceased to be representatives of members of the Authority.

3.Nos cases where it is proceeding to apply some type of tax on grounds of residence, it will not be considered as periods of residence those in which the representatives of the members of the Authority who attend their meetings have remained in the territory of a Member of the Authority for the performance of their duties.

4.Os privileges and immunities are not conferred on the representatives of the members of the Authority for their own benefit, but to safeguard the independent exercise of their functions related to the Authority. Consequently, the members of the Authority shall have the right and the duty to waive the immunity of their representatives in all cases in which, to their judgment, this may prevent the action of justice, and where such waiver does not entail injury to the purpose for which it has been granted.

5.Os vehicles of the representatives of the members of the Authority or those who use them will have insurance against third parties in accordance with the laws and regulations of the State where they are used.

6.O as laid down in paragraphs 1, 2 and 3 shall not apply to the relationship that exists between a representative and the authorities of the Member of the Authority of which it is national or that it is or has been representative.

Article 8

Employees

1.Secretário-Geral will determine the categories of employees to those who apply the provisions of the paragraph 2 of this Article and will present them to the Assembly. Thereafter, the categories will be communicated to the governments of all the members of the Authority. The names of the officials included in these categories will be disclosed periodically to the Governments of the Authority members.

2.Funcionários of the Authority, independent of its nationality, will have:

a) immunity of legal proceedings by oral or written statements and for all acts to do in exercise of their functions ;

b) immunity from detention or imprisonment for acts that they do in the exercise of their official duties ;

c) exemption from taxes on their wages, emoluments and any other forms of payment that receive from the Authority ;

d) immunity from providing any service of national character, even if, with respect to the States of that they are national, such immunity shall be limited to the officials of the Authority whose names, on the grounds of their duties, shall be listed in a list prepared by the Secretary-General and approved by the State concerned. Should other officials of the Authority be called upon to provide national services, the State concerned shall, at the request of the Secretary-General, grant the extensions necessary to prevent the interruption of essential works ;

e) exemption, for them, their spouses and their dependents, of immigration and registration restrictions foreigners ;

f) the same privileges with respect to exchange facilities granted to category employees equivalent that they belong to diplomatic missions accredited to the relevant Government ;

g) right to free importation of taxes and fares of your furniture and personal belongings at the moment in who take up their duties in the Government concerned ;

h) exemption from inspection of your personal baggage, saved when there are grounds substantiated to believe that baggage may contain Articles not intended for personal use or whose importation or export is prohibited by law or subject to quarantine standards of the interested party ; in such case, the inspection shall be made in the presence of the employee interested, and, in the case of official baggage, in the presence of the Secretary-General or his authorized representative ;

i) the same repatriation facilities for them, their spouses and dependents who are granted to diplomatic agents in situations of international crises.

3.Ademais of the privileges and immunities specified in paragraph 2, the Secretary-General or any official who represents the representative in his absence and the Director General of the Company, as well as their lesser spouses and children, shall have the privileges and immunities, exemptions and facilities granted to diplomatic envoys in accordance with international law.

4.Os privileges and immunities are not given to employees for their own benefit, but to safeguard the independent exercise of its functions related to the Authority. The Secretary-General shall have the right and the duty to suspend the immunity of an official in all cases in which, in his judgment, immunity may prevent the action of justice and where such waiver does not entail injury to the interests of the Authority. In the case of the Secretary-General, the Assembly shall have the right to suspend immunity.

5.A Authority shall always cooperate with the competent authorities of the members of the Authority for facilitate proper administration of justice, to ensure compliance with police regulations and to prevent the possibility of any abuses related to privileges, immunities mentioned in this Article.

6.De agreement with the laws and regulations of the relevant State, the officials of the Authority shall hire insurance coverage against third parties for vehicles of which they are owners or who use.

Article 9

Experts in Mission to the Authority

1.Os experts (different from officials treated under Article 8) who perform missions for the Authority shall enjoy the privileges and immunities necessary for the independent exercise of their functions during the period of their missions, included the time of the displacements related to their missions. You will enjoy, in particular:

a) immunity from imprisonment or detention, as well as confiscation of your personal luggage ;

b) immunity of legal proceedings of any nature for oral or written statements and by acts committed by them in the exercise of their duties. This immunity will remain in effect even if they have ceased to carry out missions to the Authority ;

c) inviolability of all papers and documents ;

d) right to use codes and to receive papers or documents by special mail or sealed suitcase with a view to communicating with the Authority ;

e) exemption from fees and tributes on wages, emoluments and any other payments that receive from the Authority. This provision shall not apply when it is an expert and a member of the Authority of which it is national ;

f) the same facilities with respect to exchange or monetary restrictions that are granted to representatives of foreign governments in temporary official missions.

2.Os privileges and immunities are not given to experts for their personal benefit, but for safeguard the independent exercise of its functions related to the Authority. The Secretary-General shall have the right and the duty to suspend the immunity of any expert when, in his opinion, immunity may prevent the action of justice and where the suspension does not entail injury to the interests of the Authority.

Article 10

Respect to Laws and Regulations

Without prejudice to your privileges and immunities, it is the duty of all persons mentioned in the articles 7, 8 and 9 shall comply with the laws and regulations of the Member of the Authority on whose territory they are in the service of the Authority and on whose territory they will be carried over in the exercise of these functions. They also have a duty not to interfere in the internal affairs of that member.

Article 11

Laissez-Passer and Visits

1.Sem prejudice to the possibility that the Authority will issue its own travel documents, the States party to this Protocol should recognize and accept the laissez-passer of the United Nations issued to officials of the Authority.

2.As visa requests (when necessary) of Authority employees will be plotted with the possible brevity. Visa requests (when necessary) of laissez-passer Authority employees of the United Nations should be accompanied by document confirming to be travelling on official authority of the Authority.

Article 12

Relationship between the Sede Agreement and the Protocol

The provisions of this Protocol shall be complementary to the provisions of the Sede Agreement. To the extent that any of the provisions of this Protocol relation to the same subject, the two provisions shall be treated, where possible, as complementary, so that both provisions can be applied and no limit on the effect of the other ; in the event of a discrepancy, the provisions of the Agreement shall prevail.

Article 13

Supplementary Agreements

This Protocol does not limit or impairs the privileges and immunities that have been or come to be granted to the Authority by any Member of the Authority by virtue of the location on its territory of the seat of the Authority or its regional centres or offices. This Protocol may not be considered as an obstacle to the conclusion of supplementary agreements between the Authority and any of its members.

Article 14

Controlversion Solution

1.Com respect for the application of privileges and immunities granted under this Protocol, the Authority will adopt the cableable measures for the solution of controversies:

a) of private law in which the Authority is a party ;

(b) involving any official of the Authority or expert at his service who, on the grounds of his / her official function, goze of immunity which has not been the subject of suspension by the Secretary-General.

2.Qualquer controversy between the Authority and a member of the Authority regarding the interpretation or application of this Protocol, which cannot be solved by consultations, negotiation or other agreed form of solution within three months after the solicitation of one of the parties in the same, shall, at the request of either Party, be submitted, to definitive and mandatory decision, to a panel of three referees:

a) one of which shall be chosen by the Secretary-General, another to be appointed by the other party in the dispute and the third party, which will preside over the panel, to be chosen by the first two referees ;

b) should one of the parties in the controversy cease to assign an arbitrator after two months of the indication of the arbitrator of the other party, the President of the International Tribunal on the Law of the Sea will make that designation.

Should the two designated first arbitrators cease to reach agreement on the designation of the third arbitrator, this shall be chosen by the President of the International Tribunal of the Law of the Sea at the request of the Secretary-General or the other party in the dispute.

Article 15

Signature

This Protocol shall be open for signature of all the members of the Authority at the headquarters of the International Authority of the Marine Funds in Kingston, Jamaica, from 17 a to August 28, 1998 and thereafter until August 16, 2000 at the United Nations headquarters in New York.

Article 16

Ratifying

The present Protocol shall be subject to ratification, approval or acceptance. Instruments of ratification, approval or acceptance shall be deposited with the Secretary-General of the United Nations.

Article 17

Accession

The present Protocol shall be open for accession by all members of the Authority. The instruments of accession should be deposited with the Secretary-General of the United Nations.

Article 18

Input in Vigor

1.O Protocol shall enter into force 30 days after the date of deposit of the 10th instrument of ratification, approval, acceptance or accession.

2.O this Protocol shall enter into force on the thirtieth day after the deposit of ratification, approval, acceptance or adherence of each Member of the Authority to ratify, approve, accept or join after the deposit of the 10th instrument of ratification, approval, acceptance or accession.

Article 19

Interim Application

The State which is intended to ratify, approve, accept or accede to this Protocol may, in at any time, notify the depositary of its intention to provisionally apply this Protocol for a period not exceeding two years.

Article 20

Complaint

1.Qualquer State Party may, by means of written notification addressed to the Secretary-General of the United Nations, denounce this Protocol. The complaint shall enter into force one year after receipt of the notification, except where the notification specifies a later date.

2.A denunciation may not in any way affect the duty of any State Party to comply with the obligations set out in this Protocol for which, regardless of the same, it is bound by the norms of international law.

Article 21

Deposit

The Secretary-General of the United Nations shall be the depositary of this Protocol.

Article 22

Authentic Texts

The texts in Arabic, Chinese, Spanish, French, English and Russian of this Protocol will also be authentic.

IN THE TESTIMONY OF WHAT, the undersigned Plenipotentiaries, duly authorized, signed the Protocol.

OPENED FOR SUBSCRIPTION, in Kingston, from day 17 to the August 28 of a thousand nine hundred and ninety and eight, in a single original, in Arabic, Chinese, Spanish, French, English and Russian.