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Decree No. 6397, March 13 2008

Original Language Title: Decreto nº 6.397, de 13 de Março de 2008

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DECREE NO 6,397, DE March 13, 2008.

Promulga the Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Lebanon on the Combat to Production, Consumption and Illicit Trafficking of Entorsion and Psychotropic Substances and on the Combat to Money Laundering Activities and other Related Fraudulent Financial Transactions, celebrated in Beirut, on December 4, 2003.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Lebanon celebrated, in Beirut, on December 4, 2003, a Cooperation Agreement on Combating Production, Consumption and Illicit Trafficking of Entorsion and Psychotropic Substances and on the Combat to Money Laundering Activities and other Related Fraudulent Financial Transactions ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 372, of December 21, 2007 ;

DECRETA:

Art. 1st The Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Lebanon on the Combat to Production, Consumption and Illicit Trafficking of Entorsion and Psychotropic Substances and on the Combat to Money Laundering Activities and other Related Fraudulent Financial Transactions, concluded in Beirut, on December 4, 2003, apensed by copy to this 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, March 13, 2008 ; 187º of the Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

This text does not replace the published in the DOU of 3/14/2008

COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

AND THE GOVERNMENT OF THE REPUBLIC OF LEBANON ON THE COMBATING OF PRODUCTION,

AO CONSUMPTION AND THE ILLICIT TRAFFIC OF ENTORSINENTS AND SUBSTANCES

PSYCHOTROPIC AND ON COMBATING THE WASHING ACTIVITIES OF

MONEY AND OTHER RELATED FRAUDULENT FINANCIAL TRANSACTIONS

The Government of the Federative Republic of Brazil

and

The Government of Republic of Lebanon

(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 its states, as well as to public health and tranquility ;

In view of the role that illicit drug consumption plays as one of the main sources of financial resources of organized crime ;

Recognizing the importance of international cooperation in the fight against undue use and trafficking in illicit products, substances or drugs that cause physical or psychic addiction ;

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

In the spirit of the United Nations Conventions on the combating of drugs (Convention on Number 1961 and its Additional Protocol of 1972, Convention on Psychotropic Substances of 1971 and Convention against the Illicit Trafficking of Drugs and Psychotropic Substances 1988), as well as other international legal instruments on the matter ;

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 upon during the said session, among which shared responsibility among all countries in finding solutions to the problem of drugs illicit ;

Wake up the following:

ARTICLE 1º

Purpose and Definition

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

2.Para the purposes of this Agreement, the term?drugs? means the substances listed and described in the United Nations conventions on the matter.

ARTICLE 2º

Scope of Cooperation

In order to achieve the objectives provided for in Article 1º the authorities designated by the Parties Contractors will participate in the following activities:

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

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

c) exchange of information on new routes, methods and means employed by traffickers of drugs and organizations and individuals involved in money laundering, including on new trends in these areas ;

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

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

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

g) elaboration of joint projects, mainly 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, and the treatment, recovery and social reinsertion of drug user and chemical dependents ;

h) cooperation in the implementation of policies and measures that eliminate the demand for illicit drugs, by means of activities of prevention, treatment, recovery and social reinsertion of drug users and chemical dependants ; and

i) cooperation in the drafting and implementation of educational public programmes aimed at increasing the public awareness of?shared responsibility? of all segments of government and society, at all levels, with regard to efforts to combat drug abuse.

ARTICLE 3º

General Principles

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

ARTICLE 4º

Achievement of Goals

With a view to achieving the objectives of this Agreement, the representatives of both Parties Contractors shall meet periodically, upon request, by diplomatic means, from one of the Parties, to:

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

b) assess the fulfilment of the said action programmes ;

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

d) discuss plans for the prevention of misuse, for combating illicit trafficking and for the treatment, recovery and social reinsertion of users of drugs and chemical dependants ; and

and) make the recommendations that they deem relevant for the better application of this Agreement.

ARTICLE 5º

Exchange of Experts

1.Para purposes of implementation of the objectives of this Agreement, either of the Contracting Parties can propose the exchange of experts and trainees with the purpose of mutual learning and with a view to increasing the ability to combat financial crimes the production and trade of illicit substances or drugs that cause physical or psychic dependence, as well as the deviation and illicit employment of chemical precursors.

2.As Contracting Parties will be able to promote the holding of joint lectures or conferences, with seen intensifying cooperation and interchangeing experiences and ideas.

3.As Contracting Parties will be able to choose to cooperate in other ways that they judge appropriate.

ARTICLE 6º

Mutual Legal and

The Contracting Parties undertake to provide mutual legal cooperation in criminal matters, of compliance with the respective domestic legislation and in accordance with international legal instruments that they are parties

ARTICLE 7º

Confiscation of Bens

1.As Contracting Parties will be able to adopt the measures that are necessary to identify, apprehend, freeze or confiscate revenues and goods from illicit trafficking in drugs and related offences, as well as money laundering and other related financial crimes.

2.Nos cases in which the confiscation will result from cooperation and mutual assistance between the Parties, whether in due to joint operations or concrete and material assistance from one party to the other, the confiscated goods will be shared between the assisted Party and the assistant, in the proportion that comes to be agreed between the Parties.

ARTICLE 8º

Secrecy

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

ARTICLE 9º

Competent Authorities

The Contracting Parties designate their respective Foreign Ministries to coordinate the activities provided for in this Agreement, to be carried out by the competent governmental bodies of both countries.

ARTICLE 10º

Final Provisions

1.As expenses arising from the implementation of activities provided for in this Agreement shall be case in case by both Contracting Parties.

2.O this Agreement shall enter into force on the date of receipt, by diplomatic route, of the second communication in which compliance with the internal legal requirements required for its approval is informed.

3.O this Agreement may be amended by mutual consent of the Contracting Parties, upon a exchange of diplomatic notes.

4.Qualquer of the Contracting Parties may give termination to this Agreement by denunciation formalized by diplomatic note, which will take effect 6 (six) months after the date of their receipt by the other Party. Requests for assistance formalized within that deadline are to be met by the required Party.

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

Made in Beirut, on December 4, 2003, in two original copies, in Portuguese, Arabic and english, being both equally authentic texts. In case of divergence of interpretation, the text in English shall prevail.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

THE GOVERNMENT OF THE REPUBLIC OF LEBANON

ELIAS EL MURR,

Minister of the Interior and the Municipalities