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Provisional Measure No. 2,050-12 August 28, 2000

Original Language Title: Medida Provisória nº 2.050-12, de 28 de Agosto de 2000

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PROVISIONAL MEASURE NO. 2.050-12, OF August 28, 2000.

Disposes on the realization of financing contracts of the Family-owned Agriculture Strengthening Programme-PRONAF, and of structuring projects of the settlements and settlers in the official settlement, colonization and agrarian reform programs, approved by the National Institute of Colonization and Agrarian Reform-INCRA, as well as of the beneficiaries of the Earths Fund and the Agricultural Reform-Land Bank, with risk to the National Treasury or the Constitutional Funds of the North, Northeast and Midwest Regions, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers you the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The art. 7º of Law No. 9,126 of November 10, 1995, passes the vigour with the following essay:

" Art. 7º The administrators banks will apply ten percent of the resources of the Funding Constitutional Funding of the North, Northeast and Central-West Regions, for financing to settlement and settlers in the official settlement, colonization and agrarian reform, approved by the National Institute of Colonization and Agrarian Reform-INCRA, as well as beneficiaries of the Earths Fund and Agrarian Reform-Land Bank, established by the Supplementary Law No. 93, of February 4, 1998.

§ 1º The funding provided in the form of this article will have the adjusted financial burdens not to exceed the limit of twelve percent a year and reducers of up to fifty percent on the plots of principal's amortization and on the financial burden, during the entire duration of the operation, as per the deliberation of the National Monetary Council.

§ 2º The financing contracts of initial structuring projects of the settlements, settlers or beneficiaries of the Bank of the Earth, referred to as caput, not yet benefited with credit directed exclusively to that category of farmers, will be carried out by federal official banks with risk to the respective Fund Constitutional or to the Bank of the Earth in the case of its beneficiaries, observed the conditions set by the National Monetary Council for such credit operations.

§ 3º Applies the provisions of the preceding paragraph to the financing contracts of complementary structuring projects of those settlements, settlers or beneficiaries of the Bank of the Earth, already contemplated with credit of the species, whose bankable value is limited to the differential between the current debtor balance of the operation and the prevailing ceiling for such credit operations, as per the deliberations of the National Monetary Council.

§ 4º Financial agents will present to the National Sustainable Rural Development Concelho, integral to the structure of the Ministry of Agrarian Development, demonstratives of the values that came to be imputed to the Constitutional Funds, according to § § 2º and 3º of this article. " (NR)

Art. 2º The funding of the Strengthening of the Family-PRONAF Strengthening program and of structuring projects of the settlements and settlers in the official programs, approved by the National Institute of Colonization and Agrarian Reform-INCRA, of settlement, colonization and agrarian reform, could be granted with risk to the National Treasury, except in the cases framed in the art. 7º of Law No. 9,126, of 1995, with the wording given by this Provisional Measure.

§ 1º For effect of the provisions of the caput, credit operations will be carried out by federal official banks and according to the conditions established by the National Monetary Council.

§ 2º The Ministry of Finance, through the Federal Office of Control, will affert the correctness of the values that are charged to the National Treasury in accordance with this article, may apply for the participation of other bodies and entities of the Federal Public Administration.

§ 3º Verified inaccuracy in the values of which it treats the preceding paragraph, is the Union authorized to promote, through the Central Bank of Brazil, the automatic debit of the difference ascertained to the account of "Bank Reserves" of the financial agent, with the immediate transfer to the National Treasury.

§ 4º Financial agents will present to the Board National Sustainable Rural Development, an integral part of the structure of the Ministry of Agrarian Development, demonstratives of the values that came to be imputed to the National Treasury under this article.

Art. 3º Stay the Union, through the federal financial institution as its agent, authorized to, observe the existing budget allocation, hire credit operation directly with the farmers and which refers to art. 2º of this Interim Measure without requiring any guarantees other than the personal obligation of the debtor.

§ 1º The provisions of this article shall apply to the operations of the same species contracted with resources from the Constitutional Funds, the which refers to § 2º of the art. 7º of Law No. 9,126, 1995, in the wording given by this Provisional Measure.

§ 2º The limits and conditions of the operations of credit operations, inclusive of financial burdens, shall be fixed by the Monetary Council National.

§ 3º In the agricultural periods that starts in July 2000 and ends in June 2001, the amount of the contractions of which treats the caput will not exceed the limit of R$ 452,000,000.00 (four hundred and fifty-two million reais), the distribution of which among the farmers there referenced will be defined by the Ministry of Agrarian Development, being:

I-R$ 252,000,000.00 (two hundred and fifty two million reais), in the fiscal year of 2000; and

II-R$ 200,000,000.00 (two hundred million reais), in fiscal 2001.

Art. 4º The credit operations aimed at investments in benefitting, processing or industrialization of agri products, when the person concerned framing himself as a beneficiary of the lines of finance aimed at family farming, as per the definition of the National Monetary Council, are classified as rural credit for all effects.

Art. 5º The National Monetary Council may authorize extensions and compositions of debts arising from rural credit operation, setting out the conditions to be fulfilled for this purpose.

Art. 6º The funding with resources from the Defence Fund of the Cafeeira Economy, referred to in art. 7º of the Decree-Law No. 2,295 of November 21, 1986 will be granted under conditions set out by the National Monetary Council.

Single paragraph. The National Monetary Council will be able to authorize extensions and compositions of divides relating to the financing of which it treats the caput, setting the conditions to be fulfilled for that purpose.

Art. 7º The art. 2º of Law No. 9,138 of November 29, 1995, as amended by Law No. 9,848 of October 26, 1999, passes the vigour with the following essay:

?Art. 2º For the rural credit operations contracted from the publication of this Law and until July 31, 2001, it does not apply for § 2º of the art. 16 of Law No. 8,880 of May 27, 1994.? (NR)

Art. 8º The art. 4º of Law No. 9,866, November 9, 1999, passes the increased vigour of the following paragraphs, transforming the current single paragraph into § 1º:

? § 2º Stay the National Treasury authorized to update the values due to the financial institutions to be ressarated by the rebate at the interest rate of up to two percentage points a year, that it treats the art. 2º of this Act, using the variation of the General Index of Market Prices-IGP-M, released by the Getulio Vargas Foundation, or another that comes to replace it.

§ 3º In the case of ressaration effecting the higher, in-value unduly informed by the financial institution, the instalment to be by this returned shall be updated on the basis of the variation of the verified IGP-M of the date of the ressarcement to the return to the National Treasury, plus a fine of two per one.? (NR)

Art. 9º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2.050-11, of July 28, 2000.

Art. 10. This Interim Measure shall come into force on the date of its publication.

Brasilia, August 28, 2000; 179º of Independence and 112º of the Republic.

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