DECREE NO. 6,762, OF February 5, 2009.

Promulga the Technical Cooperation Agreement between the Government of the Federative Republic of Brazil and the African Union, celebrated in Brasilia, on February 28, 2007.

THE PRESIDENT OF THE REPUBLIC, in the use of assignment that confers you the art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the African Union, celebrated in Brasilia, on February 28, 2007, a Technical Cooperation Agreement;

Whereas the National Congress has approved this Agreement through Legislative Decree n^o 275, of September 18, 2008;

Whereas the Agreement entered into international force on November 26, 2008, pursuant to its Article XI;

DECRETA:

Art. 1^o The Technical Cooperation Agreement between the Government of the Federative Republic of Brazil and the African Union celebrated in Brasilia, on February 28, 2007, apensed by copy to the present Decree, it will be executed and fulfilled as entirely as it contains.

Art. 2^o Are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any adjustments complimentary that, in the terms of art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, February 5, 2009; 188^o of Independence and 121^o of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

AGREEMENT OF TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC FROM BRAZIL AND THE AFRICAN UNION

The Government of the Federative Republic of Brazil

e

The African Union

(henceforth named?Contracting Parties?),

In view of the interest to strengthen the bonds of friendship existing among their peoples;

Considering the mutual interest in perfecting and stimulating the socio-economic development of their respective countries;

Convinced of the need for to give emphasis to sustainable development;

Recognizing the resulting reciprocal advantages of technical cooperation in areas of common interest;

Wishes to develop the cooperation that stimulates technical progress,

Wake up the following:

ARTICLE I

From the Objective

The present Agreement of Technical Cooperation, henceforth called the 'Agreement', has the object of promoting technical cooperation in the areas considered to be given priority by the Contracting Parties.

ARTICLE II

From Scope

The initiatives, actions, programs, and projects developed under the aegis of this Agreement will be able to encomfer one or more Member States of the AU, groups of Member States or the ensemble of the Member States of the African Union.

ARTICLE III

Of The Modalities and Areas of Cooperation

1.In achieving the objectives of this Agreement, the Contracting Parties will be able to make use of trilateral cooperation mechanisms by means of triangular partnerships with other countries, international organizations, and regional agencies.

2.Sem detriment to the possibility of later extending technical cooperation to other areas, the The Contracting Parties consider the following topics as priority:

a) cooperation for the development;

b) combat hunger and poverty;

c) agriculture;

d) health;

e) education;

f) natural resources;

g) half environment, and

h) energy.

ARTICLE IV

From the Supplementary Adjustments

1.The programs and technical cooperation projects will be implemented through Supplemental Adjustments.

2.Also by means of Supplementary Adjustments, the executive institutions, coordinating bodies and inputs necessary to the implementation of the mentioned programs and projects will be defined.

3.Of the programs and projects to be developed to the amparo of this Agreement will be able to participate in institutions of the public and private sectors, as well as non-governmental organizations, as agreed by means of Supplemental Adjustments.

4.The Contracting Parties shall jointly or separately contribute to the implementation of the programmes and projects approved by the Contracting Parties and will be able to seek funding from international organizations, funds, international programs and regional and other donors.

ARTICLE V

Das Meetings

1.Serão held meetings between representatives of the Contracting Parties to deal with matters pertaining to the programs, projects and activities of the technical cooperation, such as:

a) evaluate and define priority common areas in which the implementation of technical cooperation would be feasible;

b) establish mechanisms and procedures to be adopted by the Contracting Parties;

c) examine and approve Labor Plans;

d) analyze, approve, and follow up on the implementation of the programs, projects and technical cooperation activities, and

e) evaluate the results of the implementation of the programs, projects and activities implemented in the framework of this Agreement.

2.The venue and date of the meetings will be agreed upon via diplomatic track.

ARTICLE VI

From Confidentiality

Each of the Contracting Parties shall ensure that the documents, information and other knowledge obtained as a result of the implementation of this Agreement are not disclosed or passed on to third parties without the prior written consent of the other Contracting Party.

ARTICLE VII

From the Personnel Interchange

The Contracting Parties shall ensure the personnel sent by one of the Contracting Parties under this Agreement, all the necessary logistical support concerning their installation, transportation facilities and access to the information required for the fulfilment of their specific functions, as well as other facilities to be indicated in the Supplementary Adjustments.

ARTICLE VIII

Of Privileges and Immunities of Personnel

1.Each Contracting Party shall grant to the personnel designated by the other Party to perform its functions within its territory under this Agreement, as well as to its legal dependents, when it is the case, on the basis of reciprocity of treatment, since that do not treat themselves to citizens on their own national or foreign territory with permanent residence in Brazil:

a) seen, as per the rules applicable to each Contracting Party, requested by diplomatic channel;

b) exemption from customs fees and other taxes incidents on the import of personal objects, during the first six months of stay, with the exception of fees for storage, transportation and other related services, intended for the first installation, where the term of legal stay in the host country is greater than one year. Such objects are to be re-exported at the end of the mission, unless the import taxes, of which they were originally exempted, are paid;

c) exemption and restriction identical to those provided for in point? b? of this Article, when the re-export of the said goods;

d) exemption from taxes on income as to salaries in charge of the institutions of the Contracting Party that sent them. In the case of remuneration and daily paid by the institution that receives them, the legislation of the host country shall be applied, observed the bitaxation agreements eventually signed between the Contracting Parties;

e) jurisdictional immunity in what concerne to the acts of trade practiced in the framework of this Agreement, and

f) repatriation facilities in the event of crisis situations.

2.The selection of the personnel shall be made by the Contracting Party that send it and shall be approved by the Contracting Party receiving it.

ARTICLE IX

Of The Personnel Obligations

The personnel sent by the Contracting Parties under this Agreement shall act as a function of the established in each program or project and will be subject to the laws and regulations prevailing on the territory of the host country, re-salvaged the provisions of Article VIII of this Agreement.

ARTICLE X

Of The exemptions

1.The goods, equipment and other items eventually provided by one Contracting Party to the other, for the execution of programs and projects developed under this Agreement, as defined and approved in the respective Supplementary Adjustment, shall be exempt from fees, taxes and too much import and export record, with the exception of those concerning storage, transportation and other related services.

2. At the end of the programs and projects, all goods, equipment and other items that have not been transferred permanently to the other Contracting Party by what supplied them will be re-exported with equal exemption from export duties and other commonly imposed taxes, with the exception of fees and charges relating to storage, transportation and other related services.

3.In the case of the import or export of goods intended for the implementation of programs and projects developed under the Agreement, the public institution in charge of execution shall be responsible for the necessary measures for customs clearance of the referred to as goods.

XI ARTICLE

From Input in Vigor and Denpronunciation

1. Each Contracting Party shall notify the other, by diplomatic way, of the fulfillment of the internal legal formalities necessary for the entry into force of this Agreement, which shall be effective from the date of receipt of the last of such notifications.

2. This Agreement shall expire for 5 (five) years, and shall automatically be extended by equal and successive periods, unless one of the Contracting Parties express, by diplomatic means, its intention to report it, with at least 6 (six) months in advance of your automatic renewal.

3. In the event of denunciation of this Agreement, it shall be up to the Contracting Parties to decide on the continuity or not of the activities that are under execution.

4.This Agreement may be amended in accordance with the terms of paragraph first of this Article.

ARTICLE XII

From the Resolution of Controversies

The controversies arising in the implementation of this Agreement shall be addressed by direct consultations and peaceful means between the Contracting Parties. In the event of the impossibility of an amicable solution, controversies will be addressed through arbitration in accordance with International Public Law.

Made in Brasilia, on February 28, 2007, in two (2) exemplars, in the Portuguese and English languages, being both texts being equally authentic.

BY THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL:

_________________________

Celso Amorim

Minister of Foreign Affairs

BY AFRICAN UNION:

____________________________

Alpha Oumar Konaré

President of the Commission of the African Union