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Decree No. 6718, December 29 2008

Original Language Title: Decreto nº 6.718, de 29 de Dezembro de 2008

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DECREE NO. 6,718, OF December 29, 2008.

Promuling the Partnership and Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic French in Public Safety Matter, celebrated in Brasilia, on March 12, 1997.

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

Whereas the Government of the Federative Republic of the Brazil and the Government of the French Republic celebrated, in Brasilia, on March 12, 1997, a Partnership and Cooperation Agreement in Public Safety Matters;

Whereas the National Congress has approved this Agreement through the Legislative Decree no 126, of June 18, 2007;

DECRETA:

Art. 1o The Partnership and Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic in Security Matter Public, celebrated in Brasília, on March 12, 1997, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2o 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. 3o This Decree goes into effect on the date of its publication.

Brasilia, December 29, 2008; 187o of Independence and 120o of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

AND THE GOVERNMENT OF THE FRENCH REPUBLIC IN MATTERS OF PUBLIC SAFETY

The Government of the Federative Republic of Brazil

e

The Government of French Republic

(henceforth named?Contracting Parties?),

Consent of the fact that crime, trafficking in narcotics and terrorism constitute a growing threat to public order and security;

Convinced that these activities can pose risk to institutions, growth and economic development, political and social stability, as well as health, to the well-being and the physical integrity of its citizens;

stressing the importance of cooperation international in the prevention and repression of these activities;

Wishes to contribute to the development and the deepening of their bilateral relations in a constructive and effective partnership;

Desiring to broaden and increase the effectiveness of its operational, scientific and technical cooperation among its organs in charge of public safety;

Respectful of the international conventions in force,

Wake up the following:

ARTICLE 1

1.By this Agreement the Contracting Parties, respected the respective national laws and within the framework of their competences, shall develop technical and operational cooperation on public security, mutually compromising to the provision of assistance in the following areas:

Transnational organized crime;

trafficking of entorpecent or psychotropic substances and their precursors;

irregular migration;

- terrorism.

2.This cooperation could be extended to all fields that may prove useful in achieving the objectives of this Agreement, among others relating to:

- money laundering;

- arms trafficking;

- security of ports, airports, and borders;

- maintenance of the public order;

Technical and scientific police, and

- management, recruitment, selection, training and personnel specialization.

ARTICLE 2

The Contracting Parties will promote the cooperation in the prevention and repression of all forms of international crime. In the implementation of this cooperation:

a) the Contracting Parties shall exchange information relating to suspicious persons of delightful acts of an international nature, the relationship and links between such persons, the structure, functioning and methods of criminal organization, the circumstances of the crimes committed in that context, so as to the legal provisions infringed and to the measures taken, while necessary for the prevention and suppression of those infractions;

b) each of the Contracting Parties will be able to perform, provided that requested by the other Party, measures of police order provided for in their national legislation;

c) this cooperation could give itself in the form of coordinated police measures and assistance reciprocating in personnel and in material;

d) the Contracting Parties shall exchange information relating to methods and new forms of international crime. In this sense, each of the Parties may place at the disposal of the other samples and objects, as well as information concerning them;

e) the Contracting Parties shall exchange information on the results of the researches that perform in criminal and criminology matters and inform each other about their practice of inquiry, its methods and its means of combating international crime;

f) the Contracting Parties shall promote the exchange of specialists with the aim of acquiring high-level professional knowledge on modern means, methods and modern techniques of combating international crime used or developed by the other Part.

ARTICLE 3

To prevent culture, extraction, production, import, export, transfer and illicit marketing of narcotic and psychotropic substances and of their precursors, the two Parties shall adopt coordinated measures and shall proceed to:

a) exchanges of information relating to persons participating in the production and illicit drug trafficking, to the methods used by these, their hideouts and their means of transport, to the places of origin and destination of drugs, as well as of all details particulars relating to such infractions, to the extent that such procedure is necessary for the prevention of a criminal act or for the repression of an infraction committed against the Single Convention on Entorpecents of March 30, 1961, emendable by the Protocol of March 25, 1972, of the Convention of February 21, 1971 and of the Convention of December 19, 1988;

b) exchanges of information on the current methods of the illicit international trade of drugs;

c) exchanges of results of the criminalistic and criminological researches undertaken by each of the Parties Contractors in the fields of illicit tracts and the abuse of narcotics;

d) exchanges of samplings of drugs and substances that may be the object of abuse;

e) exchanges of results of the experiments regarding the control and legal trade of drugs and precursors.

ARTICLE 4

1.The Contracting Parties undertake to take measures to prevent and crack down on illegal and irregular migration in their respective territories.

2.With this objective, each Contracting Party shall cooperate in the identification, interpellation and rerouting of illegal immigrants from its territory, observing the provisions of their respective national laws.

3.The Contracting Parties shall still exchange information on illegal immigration branching networks, and on documentary fraud.

ARTICLE 5

In the framework of combating terrorism, the Contracting Parties shall proceed to:

(a) exchanges of information relating to acts of terrorism designed or committed, in the forms of execution and in the technical means used for the execution of such acts;

b) exchanges of information concerning the groups of terrorists and the members of those groups whose actions have been or come to be developed in the territory of one of the Parties Contractors and attest against the interests of the other Party.

ARTICLE 6

For the good execution of Technical Cooperation Projects on the subject subjects of this Agreement, the Contracting Parties will take into consideration:

-the general and specialized training of personnel;

-the exchange of information and of professional experiences;

-the technical consultancy, and

-the exchange of specialized documentation and data.

ARTICLE 7

The Contracting Parties shall draw up a annual programming highlighting the priority areas for technical cooperation to be implemented the following year. This schedule will include the contribution of each Party, at the limit of its budget resources.

ARTICLE 8

To ensure the execution of this Agreement, evaluate the actions undertaken in its scope and elaborate new proposals, representatives of the Federal Police Department of Brazil and the French National Police will hold annual work encounters, with annual attendance, to be held alternately in Brazil and France.

ARTICLE 9

1.The Contracting Parties undertake to identify, define and jointly establish technical, scientific and equipment complementary projects that enable the objectives of this Agreement to be achieved.

2.To this end, in case of necessity, they will draw up specific agreements or technical adjustments in which they will define the modalities of execution of the projects to be contemplated.

ARTICLE 10

If one of the Contracting Parties, upon receiving solicitation formulated in the framework of this Agreement, considers that its acceptance may attest against security, public order or other essential interests of the country, may refuse the said solicitation. In the refusal hypothesis, the requested Party undertakes to inform the requesting Party the grounds for the refusal.

ARTICLE 11

Personal data transmitted to the other Contracting Party within the framework of this Agreement will be subjected to the following conditions:

a) the receiving Party of personal data only may use them for the purposes and conditions set out by the issuing Party, respecting, including, the deadlines at the end of which such data is to be destroyed in the terms of its own legislation;

b) the receiving Party of personal data will inform the issuing Party, at its request, about the use of the same and the results obtained;

c) the personal data will be transmitted only to the authorities competent for the activity to which such data will be required;

d) the issuing Party will ensure the accuracy of the data communicated after there is assured of the need and suitability of that communication to the objectives that have determined it, as per the legislative and regulatory provisions in force in your country. If it is verified that inaccurate or non-communicable data has been transmitted, the issuing Party shall inform that fact to the receiving Party, which shall make the correction of the inaccurate data or the destruction of the non-passable data of communication;

e) any person, upon identification, shall have the right to request the authorities competent information with a view to whether they hold personal data about them and, if it is the case, to be informed of them, as per the legal provisions in force in each country;

f) the personal data should be destroyed as soon as it cates its usefulness to the receiving Party, same as the deadline legal there is no elapsed. The receiving Party shall inform the issuing Party of the destruction of the reported data in need of the reasons thereof;

g) each of the Contracting Parties shall maintain a record of the reported data and of its destruction, and

h) the Contracting Parties shall ensure the protection of personal data communicated to it against any access unauthorized, modification and publication.

ARTICLE 12

1.Each of the Contracting Parties shall ensure the confidential processing of the information so deemed by the other Party, as per the legal provisions in force in the latter's country.

2.The samples and technical information transmitted in the framework of this Agreement shall not be reayed to a third country without the concordance of the Contracting Party that provided them.

ARTICLE 13

1.Each of the Contracting Parties shall notify the other of the fulfilment of the required internal procedures with regard to the entry into force of this Agreement, which shall pass effect on the first day of the month following the receipt of the second notification.

2.This Agreement shall have undetermined duration, and may be denounced by each of the Contracting Parties upon written notification to the other Party with prior notice of 3 (three) months. The personal data transmitted in the framework of this Agreement will be destroyed at that time.

3.This Agreement may be amended in the terms of this Article.

In faith of what, the representatives of the two Governments, duly authorized for that purpose, signed the present Agreement and in it they printed their seal.

Made in Brasília, on March 12, 1997, in two original exemplars, in the Portuguese and French languages, being both texts being equally valid.

BY THE GOVERNMENT OF THE REPUBLIC FEDERATIVE OF BRAZIL

LUIZ FELIPE LAMPREIA

Minister of Foreign Affairs

NÉLSON JOBIM

Minister of Justice

BY THE GOVERNMENT OF THE FRENCH REPUBLIC

HERVÉ CHARETTE

Minister of Foreign Affairs