DECREE NO. 5,930, OF October 13, 2006.

Promulgate the Terms of Reference and Procedure Rules of the International Study Group on the Nishely-GIEN, adopted in Geneva, on May 2, 1986.

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

Considering that the National Congress has approved the text of the Terms of Reference and Procedure Rules of the International Group of Níquel-GIEN Studies, adopted in Geneva, on May 2, 1986, through the Legislative Decree no 30, February 21, 2006;

Whereas the Brazilian Government adhered to the aforementioned Terms on August 2, 2006;

Whereas the Terms of Reference and Procedure Rules of the International Group of Studies on the Nile-text-indent:1.0cm; came into international force on May 23, 1990;

DECRETA:

Art. 1st The Terms of Reference and Procedure Rules of the International Study Group of the Níquel-GIEN, adopted in Geneva, on May 2, 1986, appended by copy to the present Decree, will be executed and complied with as entirely as in them.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the aforementioned Terms or that carries charges or commitments gravy to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3rd This Decree shall come into force on the date of its publication.

Brasilia, October 13- 2006; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replaces the published in the DOU of 10/16/2006

TERMS OF REFERENCE OF THE INTERNATIONALDE GROUP STUDIES ON NICKEL

PREÂMBS

The integral parts of the present negotiation have reached an understanding aiming at the institution of a Group International of Studies on Níquel, whose Terms of Reference will be as follows.

CREATION OF THE GROUP

1. The International Group of Studies on Níquel is created, with the purpose of administering and overseeing compliance with the clauses of the Terms of Reference.

GOALS

2. Ensure the intensification of international cooperation on nickel-related issues, in particular by enhancing the available information on the international nickel economy and the establishment of a consultation forum intergovernment over nickel.

DEFINITIONS

3. (a) By "The Group" is understood to be the International Group of Studies on Níquel, as noted in these Terms of Reference;

(b) The word "Níquel" will understand, inter alia, scrap, leftovers and / or residues and other nickel derivatives that the Group comes to indicate;

(c) "Members " means all states and intergovernmental bodies provided for in the 5th paragraph and which have communicated its concordance on the basis of which it has paragraph 19.

FUNTIONS

4. (a) Establish the conditions for the realization of permanent monitoring of the world's economy of nickel and its trends, particularly through the creation, maintenance and continuous updating of a statistical system on world production, stock, marketing and consumption of all forms of nickel.

(b) Promote queries among its Members and information exchanges concerning advancements in the areas of production, stock, marketing and consumption of all forms of nickel.

(c) Realize research, where necessary, on wide range of relevant issues on nickel, in consonance with the decisions adopted by the Group.

(d) Take into account specific problems or difficulties, already existing or that may come to arise in the international economy of nickel.

ASSOCIATED FRAME

5. The Association to the Group will be open to all States interested in the production, consumption or international nickel trade, as well as any intergovernmental body linked to the negotiation, conclusion and application of agreements international, in particular from those concerning commodities.

GROUP POWERS

6. (a) The Group shall exercise powers and perform functions that are necessary for the fulfillment of the devices contained in the Terms of Reference.

(b) The Group is not a commercial entity and will not be able to participate in any marketing contract relating to nickel or any other type of commodity or product.

(c) The Group shall adopt the clauses of the Rules of Procedure, where necessary for the exercise of your functions.

SEDE

7. The Headquarters of the Group shall be established on site by it chosen in the territory of a Member State. The Group should negotiate an Agreement on Sede with the host government.

PROCESS DECISIONAL

8. (a) The highest authority of the Group, designated on the basis of these Terms of Reference, is to be sworn in to General Assembly.

(b) In general, the decisions of the Group, of the Standing Committee referred to in paragraph 9th, as well as of the subsidiary commissions and bodies eventually instituted, shall be taken by consensus. In case it is required, voting will be held under the conditions set out in the Rules of Procedure.

XX_ENCODE_CASE_ONE permanent commission

9. (a) The Group shall establish a Standing Committee, integrated by Members of the Group who have shown an interest in participating in its activities.

(b) Caberá to the Standing Committee to carry out the tasks that come to it as determined by the Group, and shall report to the Group at the end or during its proceedings.

SUBSIDIARY COMMISSIONS AND SUBSIDIARY ORGANS

10. In addition to the Standing Committee, the Group will be able to set up commissions or subsidiary bodies, in the form and conditions determined by the Group.

SECRETARIAT

11. (a) The Group will have a Secretariat, integrated by a Secretary-General and the team that it will need.

(b) The Secretary-General shall exercise the administrative managerial of the Group and shall, before him, be responsible for the administration and compliance with the provisions of these Terms of Reference, according to the decisions of the Group.

COOPERATION WITH THIRD PARTIES

12. (a) The Group will be able to firm understandings for consultations or cooperation with the United Nations, its bodies or specialized agencies, as well as with other intergovernmental institutions, where necessary.

(b) The Group will be able to firm, still, understandings with views to keep in touch with non-Member Governments, with nongovernmental organizations or with private sector entities interested in the activities of the Group.

JURIDICAL SITUATION

13. (a) The Group will have legal personality in the host country. In particular, you will have the right to enter into contracts, acquire and divest movable and immovable property, as also to adopt court procedures.

(b) The status of the Group on the territory of the host government will be regulated by a Sede Agreement between the host government and the Group, to be firmed up as soon as possible, after the entry into force of these Terms of Reference.

BUDGET CONTRIBUTIONS

14. The Group shall determine the value of each Member's contribution in each annual financial year, in the currency of the host country, in accordance with the provisions of the Rules of Procedure on contributions. Each Member will make the payment of the contribution in accordance with their respective constitutional procedures.

STATISTIC AND INFORMATION

15. (a) The Group should collect, cotege and place at the disposal of Members nickel statistical data on production, marketing, stockpiling, consumption and published and internationally recognized prices, where necessary to the effective compliance of these Terms of Reference.

(b) Where to consider appropriate, the Group will firm up understandings with views to the exchange of information with interested non-Member Governments and with non-governmental and intergovernmental organizations, in order to ensure the availability of latest and reliable data on production, consumption, stock, international trade and internationally recognized prices, plus other aspects that can influence the demand and supply of nickel.

(c) The Group will strive for no information to be published that would prejudice the confidential nature of the activities of persons or companies linked to production, to the processing, marketing, or nickel consumption.

ANNUAL ASSESSMENT AND STUDIES

16. (a) Caberá to the Group prepare and distribute to the Members an annual assessment of the world's situation of nickel and related matters, in the light of the data provided by the Members and supplemented by information originating from other relevant sources.

(b) The Group should, if it considers necessary, carry out or promote research on short trends and long terms of the international nickel trade, and, still, once a year, or, with the approval of the Group, more than once a year, on the prospects for production, consumption and marketing of nickel for the following year, in order for such exchange of information gives technical aid to Members in their individual assessments of the evolution of the international economy in the area of nickel.

OBLIGATIONS OF THE MEMBERS

17. It will be up to the Members to make their best efforts to cooperate for and promote the achievement of the targets set by the Group, in particular as to the provision of economic data on nickel, mentioned in paragraph 15.

EMENDAS

18. The Terms of Reference will only be able to be amended by consensus of the Group and without a vote.

DURATION

19. (a) These Terms of Reference will enter into force when at least fifteen states, which in total respond by approximately 50% of the world's nickel trade, have notified the Secretary-General of the United Nations, as disposed of in the item (c) indicated below. Should the Terms of Reference come into force under this article, Members will be invited to participate in an inaugural session, for which they will be informed, when possible, at least one month in advance.

(b) Case, on September 20, 1986, the requirements for the entry into force of these Terms of Reference have not been attendees, the Secretary-General of the United Nations shall invite the Governments that have communicated their intention to become members of the Group, pursuant to the item (c) below, to meet, in the shortest possible time, to decide on the entry or not in force, among them, of these Terms of Reference, in whole or in part.

(c) Caberá a any State or intergovernmental body, referred to in paragraph 5th, which intends to become a Member of the Group to communicate in writing its intention to comply with the provisions of these Terms of Reference, whether in provisional character, to be dependent on the conclusion of your internal procedures, or definitely. Conditional upon the entry into force of these Terms of Reference and the possession of the Secretary General of the Group, such communication should be addressed to the Secretary-General of the United Nations; from then on, he shall be forwarded to the Secretary General of the Group. A State which submits itself to the provisions of these Terms of Reference in interim character shall endeavour to complete in six months the procedures set out therein-never within a period of more than twelve months from the date of its notification-, by proceeding to the respective notification to the depositary.

DESISTence

20. (a) The Member may desist from integrating the Group at any time by written communication to the Secretary General of the Group.

(b) The desistance will occur without prejudice to financial obligations where the Member has already incurred and will not give right to the State quelled the abatement in its contribution relative to the year in which to check the desistance.

(c) The desistance will be effective sixty days after received the respective communication by the Secretary-General.

(d) The Secretary-General will notify Members of any communication received based on this paragraph.

DURATION OF THE GROUP

21. The Group will remain in activity for the time in which, in the opinion of its Members, it is serving for useful purposes, unless it comes to extinction based on paragraph 22.

CLOSURE OF THE GROUP

22. (a) At any time, the Group will be able to decide, by a two-thirds majority of its Members, for the termination of these Terms of Reference, which will occur on a date determined by the Group.

(b) Notwithstanding the expiry of these Terms of Reference, the Group will remain existing for as long as it is needed for your litigation, including reckoning.

RULES OF PROCEDURE OF THE INTERNATIONAL GROUP OF STUDIES ON NICKEL

SEDE

Clause 1

The headquarters of the Group will be in The Hague, until the Group decides otherwise.

OFFICIAL LANGUAGES AND OF WORK

Clause 2

English, French, Russian and Spanish will be the official and working languages of the Group, for the purposes of interpretation in ordinary and extraordinary sessions, as well as in relation to all official documents relating to such sessions. Delegates who wish to make use of the word or receive official documentation in another language will be responsible for their interpretation and translation.

Clause 3

As written communications addressed to the Group can be made in any of the official languages.

XX_ENCODE_CASE_CAPS_LOCK_ON sessions

clause 4

The Group will hold a Plena Session per year, on date and location to be by it determined.

Clause 5

The Group will be able to hold Extraordinary Sessions, provided that it is required by a simple majority of its Members or by the Secretary-General, of common agreement with the President.

Clause 6

The convening of any session and the respective provisional agenda will be communicated to the Members by the Secretary-General, consulted the President, at least forty three days in advance or, in the cases of emergency, at least fifteen days in advance. In the emergency situations, the convocation should indicate the nature of the emergency.

Clause 7

The provisional agenda of each session will be prepared by the Secretary-General, by mutual agreement with the President. If one of the Members wishes to discuss a particular subject matter in a session, it should, when possible, notify the Secretary-General sixty days before the commencement of the session, attaching a justification in writing.

Clause 8

Each Member should endeavour to communicate to the Secretary-General, at most up to five days before the opening of the session, the names of the delegates, alternates and advisors that the will represent in the session.

SESSIONS

Clause 9

The quorum for holding of the meetings will be that of the simple majority of the Members present.

Clause 10

The Group will, annually, proceed to the election of its President, First Vice President and Second Vice President.

Clause 11

Na temporary absence of the President, his duties will be exercised by the First Vice President and, in the absence of this, by the Second Vice-President. In the event of the permanent absence of all of these, the Group, which is to be temporarily chaired by the Secretary-General, may, if necessary, elect new leaders from among the delegates or alternates.

Clause 12

In general, decisions will be approved by consensus and without a vote. Should the voting be necessary, it could be carried out by erecting the hands, by roll call or by secret ballot, of compliance with what has been requested. The simple majority of the Members present will confirm any decision, unless stipulated differently in the Rules of Procedure.

Clause 13

During discussion of matter, delegates will be able to raise a matter of order with views to the closure or postponement of the debate. In each of these cases, the President will immediately communicate his decision, which will be maintained, unless undue by the plenum.

Clause 14

Each Member State shall be entitled to a vote.

Clause 15

When in the exercise of the President's function, the delegate will not be entitled to vote, but may indicate another member of your delegation, or from another, to vote for your seat.

Clause 16

In the event of abstention, the Member will be deemed to have not registered their vote.

Clause 17

The Chairman of the Standing Committee will be able to arrange for the Group to take decisions by correspondence on any matter. For so much, a notice will be sent to the Members, inviting them to register their votes within a certain period, which should not be less than forty-five days. Such a statement should clearly specify the matter in question and the proposals in respect of which the Members are expected to vote for or against. At the end of the said deadline, the Secretary-General shall notify all Members about the adopted decision. If, in their responses, three or more Members object to the decision by correspondence, no votes will be recorded and the outstanding matter will be decided in the next session of the Group.

Clause 18

From the minutes of the meetings will build summary record of the procedures, including details on the voting process; such a record will have, of the beginning, interim character. If any delegation wishes to rectify any statement of its own in the said interim registration, it should notify the Secretary-General within thirty days of the disclosure of that record, no other modification being permitted, unless if approved by the Group in the following session.

Clause 19

Group property information, reports on procedures and all the remaining documents of the Group and its various committees and other bodies will be confidential unless the Group, or the Standing Committee, if appropriate, decides otherwise.

Clause 20

As meetings of the Group will have private character, unless there is a contrary decision by the Members present.

Clause 21

The Group will keep the records necessary for the exercise of its functions in accordance with the Terms of Reference.

Clause 22

The Group may invite any non-member State or any intergovernmental or non-governmental organization interested in some or all aspects of the nickel economy to participate, in the condition of observer, of any of the meetings of the Group.

FINANCE

Clause 23

Will be drawn up Budget of the Group and its ciphers will be indicated in the currency of the host country. The financial year of the Group will vigorously apply from December 31 to December 31. If the Group is created on the date of June 30 or before, its initial budget will apply to the rest of the calendar year. Should it be set up on December 31 or later date, your initial budget will have validity by December 31 of the following year. In both cases, the initial budget will be drawn up and approved by the Group in its first session. After that, the budget relating to the following financial year will be prepared by the Secretary-General and submitted to the Standing Committee and the Group's approval in its Plena Session. The Secretary-General will also prepare, in conjunction with the Budget, a provisional forecast of contributions, for knowledge of the Members, which will be pending formal approval, pursuant to Clause 24. In general, the approval of the Budget will occur by consensus and without a vote, but in the event that this becomes necessary, the quorum of two-thirds of the Members present will be required.

Clause 24

The annual prediction of budget contributions, which should be based on the Budget approved by the Group in accordance with Clause 23, should be determined by the Commission Permanent at its last annual meeting, for application the following year, by consensus and without a vote. Should the voting become necessary, the quorum of two-thirds of the Members present will be required.

Clause 25

All the Members will contribute to the Group's expenses. The contribution of each Member shall consist of an equal share of 40% of the Budget, and the balance shall be prorated among the Member States based on the average of the participation of each Member State in the world's primary nickel trade concerning the last three calendar years and for which there is statistical data available. For Members who import above 95% nickel matte, nickel oxide or nickel intermediate products for processing and export above 95% percent of their refined nickel production, the share of their contributions, based on quotas commercials, will be half the value of that of other Members. Next to the approval of prediction of contributions, the Secretary-General should immediately notify each Member of the value of his / her contribution. The payment of the contributions, in the currency of the host country, will be due in and will have to be effected by June of the same year. In the case of any Member leaving to do so until the date of the meeting of the Standing Committee, in the second half of the financial year, it should justify the delay in the said meeting. Any Member then defaulting with respect to the preceding financial year shall not generally be able to exercise their voting rights and, by decision of the Group, shall be suspended from the framework of associates by the time limit in which they remain in default.

Clause 26

Any Member who associates with the Group in the course of a financial year should pay a pro-rata contribution regarding the remainder of the year, pursuant to the provisions of the Clause 25. The contributions received from new Members will not affect those of the existing Members in the financial year in question, but will be taken into consideration in the evaluation of the contributions regarding the following year.

Clause 27

The Secretary-General will be responsible for the administration of the accounts of the Group.

Clause 28

The Secretary-General shall annually disseminate to all Members an excerpt of accounts certified by the Member responsible for the Standing Committee's Finance area, by the Secretary-General and an independent auditor of recognised repute.

Clause 29

The approval of a budget will mean the authorization for the expendities on it to be taken. At the limits of the general budget and with approval by the Standing Commission, upon mechanism that comes to be established, any credit laid down in a heading could be applied in any other heading.

Clause 30

Travel and maintenance expenses of delegations of Members of the Group or any of its commissions or of its subsidiary bodies will not be funded by the Group.

XX_ENCODE_CASE_ONE permanent commission

Clause 31

The Standing Committee shall elect, annually, its President, two Vice-Presidents and the Member responsible for the area of Finance.

Clause 32

The Standing Committee shall be governed by the Rules of Procedure approved by the Group, which may be supplemented by standards set by the Commission itself, whenever it obtains authorization of the Group.

Clause 33

The Standing Committee will hold at least two ordinary meetings in each calendar year, on site to be decided by its members. Via the rule of rule, at least one such meeting is to be held in the semester where there was no meeting of the Plena Session.

Clause 34

A Standing Committee will keep the situation of nickel under review and forward to the Group the recommendations that are required. It will carry out, still, other tasks that will eventually be delegated to you by the Group. Too, it shall hold itself responsible for the work of drafting, by the Secretariat, of a budget bulkhead as well as by other financial draft activities pursuant to Clause 23. All financial transactions carried out on behalf of the Group are to be regularly communicated to the Standing Committee.

OTHER COMMISSIONS OR SUBSIDIARY BODIES

Clause 35

The Group may institute subsidiary commissions or bodies and delegate to them the exercise of any of their assignments, save those which, in accordance with the provisions of the Terms of Reference, require approval by a two-thirds majority of the Members gifts. Notwithstanding such delegation, the Group may, at any time, debate and decide on any matter that may have been delegated to any of its committees or subsidiary bodies. If required voting on matter regarding the creation of commission or subsidiary organ, the quorum of two-thirds of the Members present.

Clause 36

The members of commissions or of subsidiary bodies created by the Group will be elected annually.

Clause 37

Once per year, the commissions or subsidiary bodies will submit to the Group's assessment of its activities and decisions.

Clause 38

The Group may revoke any assignment delegated to a commission or to a subsidiary body.

SECRETARIAL

Clause 39

The Group will indicate the Secretary-General.

Clause 40

The terms and conditions of the Secretary-General's referral, as well as the terms and conditions of the hiring of the members of your team, will be decided by the Group and will include provisions that expressly prohibit any conflict of interest.

Clause 41

The Secretary-General will assign your team in accordance with the Group's decisions. The number of team members will be determined by the Group. If voting is required, a majority of two-thirds of the Members present will be required. The team will be subordinate to the Secretary-General.

Clause 42

In the exercise of your assignments, the Secretary-General and the members of his team will neither request it nor receive instructions on nickel from any of the Members or from any other foreign authority to the Group. They should refrain from any act that might turn out to be reflected in their condition of subordinate international authorities, ultimately the Group. Each Member should respect the uniquely international nature of the responsibility assigned to the Secretary-General and the remaining members of his team, without, equally, seeking to influence them and dishonor them from their responsibilities.

CONTROVERSISIES

Clause 43

Controversies on interpretation or application of this Regulation should be submitted for the assessment of the Group President in order to be decided by the Group, in the terms of what it has Cláusula12.

EMENDAS

Clause 44

Amendment to the Regulation should normally be approved by consensus and without a vote. If this is made necessary, the quorum of two-thirds of the Members present, either in Plena Session or in Extraordinary Session of the Group, will be required. The proposed amendments should be communicated by the Secretary-General to all Members, at least two months before the session is held.