Provisional Measure No. 106, Of January 22, 2003

Original Language Title: Medida Provisória nº 106, de 22 de Janeiro de 2003

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PROVISIONAL MEASURE NO. 106, OF January 22, 2003.

Authorizes the Executive Power to institute the Autonomous Social Service Agency of Promotion of Exports of Brazil-APEX-Brazil, changes the arts. 8th and 11 of the Law nth 8,029, of April 12, 1990, and gives other arrangements.

O PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 62 of the Constitution, adopts the following interim measure, with force of law:

Art. 1th Is the Executive Power authorized to institute the Autonomous Social Service Agency of Export Promotion of Brazil? APEX-Brazil, in the form of legal person of private law without profit, of collective interest and of public utility, with the aim of promoting the execution of export promotion policies, in cooperation with the Public Power, especially those that favor small businesses and the generation of jobs.

Art. 2th Compete to APEX-Brasil the trade promotion of exports, in line with national development policies, particularly those concerning industrial, commercial, service and technological areas.

Art. 3th They are governing bodies of APEX-Brasil:

I-the Deliberative Council, composed of seven members;

II-the Fiscal Council, composed of three members; and

III-the Executive Board, made up of a President and two Directors.

Art. 4th The Deliberative Council shall be composed of four representatives of the Executive Power and three of private entities, and their alternates, chosen in the form set out in regulation, with two-year tenure, and may be re-conducted a single time for equal period.

Single paragraph. The chances of removal of the members of the Deliberative Council will be set out in regulation.

Art. 5th The Fiscal Council shall be composed of two representatives of the Executive Power and one of the civil society, and their alternates, chosen in the form established in regulation, with two-year tenure, and may be re-conducted a single time for equal period.

Single paragraph. The chances of removal of the members of the Fiscal Council will be defined in regulation.

Art. 6th The President of the Executive Board shall be appointed by the President of the Republic, to exercise the office for a period of four years, demissile ad nutum, and may be reappointed a single time for equal period.

Art. 7th The Directors will be appointed by the President of APEX-Brazil, by indication of the Deliberative Council, for a period of four years, demissile ad nutum, and may be reconducted a single time for equal period.

Art. 8th The competencies and assignments of the Deliberative Council, the Fiscal Council and the members of the Executive Board will be established in regulation.

Art. 9th Competing to the Executive Power overseeing the management of APEX-Brazil, observed the following standards:

I-the Executive Power will define the terms of the management contract, which will stipulate the goals and objectives, the deadlines and responsibilities for its implementation and specify the criteria for evaluation of the application of the resources passed to APEX-Brasil;

II-the budget-program of APEX-Brazil for the execution of the activities provided for in the management contract will be submitted annually to the approval of the Executive Power;

III-for the execution of its purposes, APEX-Brasil will be able to enter into service contracts with any physical or legal persons, whenever it considers to be that more economical solution to achieve the goals set out in the management contract, observed the principles of impersonality, morality and advertising;

IV-the management contract will also ensure the Executive Board of APEX-Brasil the autonomy for the hiring and administration of personnel, under the regime of the Consolidation of the Laws of the Work;

V-the selection process for admission of effective personnel from APEX-Brasil should be preceded by edital published in the Official Journal of the Union, and will observe the principles of impersonality, morality and publicity;

VI-the management contract shall stipulate limits and criteria for the expenditure on remuneration and advantages of any nature to be perceived by the employees of APEX-Brasil, and shall confer on the Board Executive Board powers to set remuneration levels for the entity's personnel, in standards consistent with respective labour markets, second the required qualification degree and the professional specialization sectors; and

VII-the management contract can be modified, by common agreement, in the course of its execution, to incorporate adjustments advised by supervision or surveillance.

Art. 10. The remuneration of the members of the Executive Board of APEX-Brazil will be fixed by the Deliberative Council on values consistent with the levels prevailing in the labour market for professionals of equivalent degrees of vocational training and of specialization.

Art. 11. The Deliberative Council shall adopt the Status of APEX-Brazil, within sixty days after its installation, observed the provisions of this Provisional Measure.

Art. 12. The arts. 8th and 11 of the Law nth 8,029, of April 12, 1990, go on to invigorate with the following essay:

" Art. 8th .................................................................................

.............................................................................................

§ 3° To meet the implementation of export promotion and support policies to micro and small enterprises, is instituted additional to the aliquots of the social contributions concerning the entities of which it treats art. 1th of the Decree-Law nth 2,318, of December 30, 1986, of:

.............................................................................................

§ 4° The additional of the contribution referred to in the preceding paragraph shall be raised and relapsed monthly by the competent body or entity of the Federal Public Administration to CEBRAE and to the Autonomous Social Service Agency of Export Promotion of Brazil? APEX-Brazil, in the ratio of eighty five percent to CEBRAE and from fifteen percent to APEX-Brazil. " (NR)

" Art. 11. It will be up to the CEBRAE Deliberative Council to manage the resources allocated to it as per the provisions of § 4° of the art. 8°, except those destined for APEX-Brasil.

............................................................................................. " (NR)

Art. 13. In addition to the resources arising from the social contributions referred to in § 4th of the art. 8th of Law n 8,029, of 1990, constitute revenues of APEX-Brasil the resources transferred to it from appropriations carried out in the Union of the Union's General Budget, special credits, additional credits, transfers or repasses, and more:

I-the resources coming from congeniums, agreements and contracts concluded with entities, organisms and companies;

II-the donations, legacies, grants and other resources that are intended for it;

III-those arising from judicial decision; and

IV-the values ascertained with the sale or rent of movable and immovable property of their property.

Art. 14. APEX-Brasil will be able to celebrate congeniums and contracts to develop and cost projects and programs compatible with their social goals.

Single paragraph. The Executive Power will be able, upon convenium, to provide technical and personnel support to the projects and programs developed by APEX-Brasil.

Art. 15. APEX-Brasil shall submit annually to the Executive Power, until January 31, detailed report on the execution of the management contract in the previous financial year, with the provision of public resources accounts in it applied, the assessment general of the management contract and the manageable managerial analyses.

Art. 16. Until the March 31 of each financial year, the Executive Power will appreciate the management report and issue opinion on the fulfillment of the management contract by APEX-Brasil.

Art. 17. The Court of Auditors of the Union shall scrutinise the execution of the management contract and determine, at any time, the adoption of the measures it deems necessary to correct any faults or irregularities that it identifies, including, if it is the case, the recommendation of the estrangement of leader or termination of the contract, to the Executive Power.

Art. 18. APEX-Brasil shall refer to the Court of Auditors of the Union, until March 31 of the year following the termination of the financial year, the accounts of annual management approved by the Deliberative Council.

Art. 19. As of the date of your institution, stay transferred to APEX-Brasil the employees, upon labor succession, and the movable and immovable property allocated or intended for the activities of the administrative unit of the Brazilian Support Service to Micro and Small Enterprises? SEBRAE named Export Promotion Agency? APEX.

Art. 20. SEBRAE shall, within the maximum of twenty days, be counted from the beginning of the activities of APEX-Brasil, remanve, transpose or transfer, the budgetary allocations approved in its budget of the financial year 2003 in favour of its Agency of Promotion of Exports? APEX, held the same functional-programmatic classification, expressed by programming category at its lowest level, inclusive of the titles, descriptors, goals and objectives, as well as the respective breakdown by budget sphere, groups of expense, resource sources, application modalities, and usage identifiers.

Art. 21. APEX-Brasil will make publishing in the Official Journal of the Union, within sixty days of its creation, the textbook of tenders that will discipline the procedures it is to adopt.

Art. 22. In the case of the extinction of APEX-Brazil, the legacies, donations and heritages that are to it intended, as well as the remaining goods that come to acquire or produce will be incorporated into the Union's heritage.

Art. 23. This Interim Measure takes effect on the date of its publication.

Brasilia, January 22, 2003; 182nd of the Independence and 115th of the Republic.

LUIZ INACIO LULA DA SILVA
Luiz Fernando Furlan