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Decree No. 5596 Of November 28, 2005

Original Language Title: Decreto nº 5.596, de 28 de Novembro de 2005

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DECREE NO 5,596, DE November 28, 2005.

Disposes on the execution of the Quadragth Fourth Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties MERCOSUR, and of the Republic of Chile, September 26, 2005.

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 Association of Integration (ALADI), signed by 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 ;

Considering that the Plenipotentiaries of the Argentine Republic, of the Federative Republic of the Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties to the MERCOSUR, and of the Republic of Chile, on the basis of the Treaty of Montevideo of 1980, signed in Montevideo on June 25, 1996, the Agreement of Economic Supplementation no 35, incorporated into the Brazilian legal order by Decree n o 2,075 of November 19, 1996 ;

Considering that the Plenipotentiaries of the Argentine Republic, of the Federative Republic of the Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties to the MERCOSUR, and of the Republic of Chile, on the basis of the Treaty of Montevideo of 1980, signed, in Montevideo on September 26, 2005, the Quadrageth Fourth Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties MERCOSUR, and of the Republic of Chile ;

DECRETA:

Art. 1º The Quadrant Fourth Additional Protocol to the Economic Supplementation Agreement in the 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of Parts of MERCOSUR, and of the Republic of Chile, attached by copy to the present Decree, will be executed and complied with as entirely as it contains.

Art. 2º This Decree shall enter into force on the date of its publication.

Brasilia, November 28, 2005 ; 184º of the Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

ECONOMIC SUPPLEMENTATION AGREEMENT N ° 35

CELEBRATED BETWEEN THE GOVERNMENTS OF THE STATES

PARTS OF MERCOSUR AND THE GOVERNMENT OF THE REPUBLIC

DO CHILE

Quadrant Fourth Additional Protocol

The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay, in its condition of States Parties to the Common Market of the South (MERCOSUR) for one part, and of the Republic of Chile on the other, accredited by their respective Governments second powers that were bestowed in good and due form, deposited in time at the Secretariat-General of the Latin American Integration Association (ALADI).

VIEW A Resolution MSC-CH No. 06/2005,

CONVEEM IN:

Article 1-The vegetable oils of the items NALADI/SH 96, 1507.10.00, 1507.90.00, 1508.10.00, 1508.90.00, 1509.10.00, 1509.90.00, 1510.00.10, 1510.00.90, 1511.10.00, 1511.90.00, 1512.11.10, 1512.11.20, 1512.19.10, 1512.19.20, 1512.29.00, 1513.11.00, 1513.19.00, 1513.21.10, 1513.21.20, 1513.29.10, 1513.29.20, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00, 1515.21.00 1515.29.00, 1515.50.10, 1515.50.90, 1515.90.91 and 1515.90.99 shall enjoy, from the formalization of this Protocol, in a permanent manner, of tariff preferences of 100% in trade between Chile and Argentina, both on the ad valorem tariff and on possible specific rights.

Article 2-For wheat and wheat flour, Chile and MERCOSUR agree to apply, in the reciprocal bilateral trade, the below-detailed preferences, on the basis of the consolidated tariff of Chile together with the WTO (31.5%).

Year

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Pref. %

0.0

0.0

0.0

8.3

16.6

24.9

33.3

49.9

66.6

83.3

100.0

The maximum fee to be charged, included ad valorem and specific, will be the resulting from the application of the schedule before indicated.

Case Chile, as a consequence of the application of Law N ° 19,897 or the Supreme Decree N ° 831/2003 of the Ministry of Finance, or of any other mechanism, apply a tariff charge lower than that resulting from the schedule before indicated, the Chilean customs tariff applied to the goods imported from MERCOSUR will be the lowest of the tariffs applied vigors applied with the most favored nation base or of the tariffs applied to the same goods imported from other sources to the amparo of preferential regimes.

Article 3º-As of 1º January 2015 Chile commits to maintaining preferences tariff, for wheat and for wheat flour, 100%, both for ad valorem fare and for possible specific duties.

Article 4-During the period between the formalization of this Protocol and 1 ° January of 2015, Chile acquires the commitment not to modify or replace Law N ° 19,897 or the Ministry of Finance's Supreme No. 831/2003 Decree, or to effect changes to its legislation, so that it means a deterioration of the conditions of access of the wheat and wheat flour from the MERCOSUR for the Chilean market in force from the signing of this Protocol.

Article 5th-This Protocol shall enter into force bilaterally at the 30 days of the communication by the General Secretariat of ALADI of receipt of the notifications of the Republic of Chile on the one hand, and of each State Party of MERCOSUR on the other, informing the incorporation of this Protocol to their respective legal ordinations.

The General Secretariat of ALADI shall be depositary of this Protocol, of which it shall send copies duly authenticated to signatory Governments.

IN FÉ DO, the respective Plenipotentiaries sign this Protocol in the city of Montevideo, at the twenty-six days of the month of September of the thousand and five, in an original in the Portuguese and Spanish languages, both of which are equally valid texts. (a.:) By the Government of the Argentine Republic: Juan Carlos Olima ; By the Government of the Federative Republic of Brazil: Bernardo Pericás Neto ; By the Government of the Republic of Paraguay: Juan Carlos Ramírez Montalbetti ; By the Government of the East Republic of Uruguay: Jorge Jure ; By the Government of the Republic of Chile: Carlos Appelgren Balbontín.