Provisional Measure No. 2,094-28, June 13 2001

Original Language Title: Medida Provisória nº 2.094-28, de 13 de Junho de 2001

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PROVISIONAL MEASURE NO. 2.094?28, OF June 13, 2001

Disposes on the Student Funding Fund of Higher Education and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the assignation that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

CAPITCHAPTER I

OF THE FUNDING FUND TO THE STUDENT OF THE

HIGHER EDUCATION? FIES

Art. 1º Is it instituted, pursuant to this Provisional Measure, the Student Funding Fund of Higher Education? FIES, of an accounting nature, intended for the granting of funding to students regularly enrolled in non-free and with positive assessment, according to own regulation, in the processes conducted by the Ministry of Education.

Single Paragraph. The participation of the Union in funding to the non-free higher education student shall give? shall, exclusively, upon contributions to the Fund established by this Provisional Measure, re-salvage the provisions of the art. 16.

Section I

Of the revenues of the FIES

Art. 2º Constituting revenues of the FIES:

I? budget loadings consigned to the Ministry of Education, ressaving the provisions of the art. 16;

II? thirty percent of the net income from prognostic contests administered by the Federal Economic Box, well cored the totality of the award proceeds not sought by those contemplated within the limitation period, resurfaced the provisions of the art. 16;

III? charges and contractually charged penalties in the financing granted to the amparo of this Interim Measles;

IV? fees and emoluments charged from participants of the selection processes for the funding;

V? charges and penalties contractually charged in the funding granted under the Educational Credit Program, of which it treats Law No. 8,436 of June 25, 1992, re-salvaged the provisions of the art. 16;

VI? income from financial applications on their availabilities; and

VII? heritage recipes.

§ 1º Stay authorized:

I? the hiring, by the agent operator of the FIES, of internal and external credit operations in the disciplined manner by the National Monetary Council? CMN;

II? the transfer to the FIES of the debtor balances of the funding granted under the Educational Credit Program of which it treats Law No. 8,436, 1992;

III? the disposal, in whole or in part, to financial institutions accredited to that end by the CMN, of the assets of which it treats the inciso lI and the assets represented by financing granted to the amparo of this Interim Measles.

§ 2º FIES cash availabilities should be kept in deposit on the National Treasury's single account.

§ 3º The administrative expenses of the FIES, as per the regulation of the CMN, will correspond to:

I ? up to zero comma two per cent to the year to the operator agent, by the management of the Fund, calculated on their availabilities;

II? up to zero comma three per cent to the year to the agent operator, by the management of the Fund, calculated on the debtor balance of the repasses to financial institutions;

III? up to a comma five percent a year to the financial agents, calculated on the debtor balance, by the administration of the credits granted and absorption of the credit risk effectively characterized, on the percent established in the inciso V of the art. 5º.

§ 4º The payment of the obligations arising from the operations of which it treats the inciso I of § 1º shall take precedence over all other expendities.

Section II

From the management of the FIES

Art. 3º The management of the FIES will fit:

I? to the Ministry of Education, as the formulator of the financing offer policy and the supervisor of the implementation of the Fund's operations; and

II? to the Federal Economic Box, as the operator and managing agent of the assets and liabilities, as per regulation and standards downloaded by the CMN.

§ 1º The Ministry of Education will edit regulation that will have, including, about:

I? the selection rules of students to be funded by the FIES;

II? the cases of temporary suspension and termination of the financing contracts;

III? the requirements of academic performance for the maintenance of funding.

§ 2º The Ministry of Education will be able to rely on counsel's advice, of a consultative nature, whose members will be appointed by the Minister of State.

§ 3º In accordance with the credit limits set by the operator agent, financial institutions will be able to, as a financial agent, grant funding with resources from the FIES.

CAPITCHAPTER II

DAS OPERATIONS

Art. 4º Are liable for funding by the FIES until seventy tries for one hundred of the educational burdens charged to the students by the institutions of higher education duly enrolled for that purpose by the Ministry of Education, in contravening to the undergraduate courses in which they are regularly enrolled.

§ 1º The enrollment of which treats the caput of this article far will be offered by offered, being vetted funding in the courses with negative evaluation in the processes conducted by the Ministry of Education.

§ 2º Could the Ministry of Education, in character exceptional, enrolling, for the purposes of the funding of which it treats this Provisional Measure, courses for which there is no process of evaluation completed.

§ 3º Each student will be able to enable? if only a funding, intended for the coverage of expenses relating to a single degree course, being vetted the granting to student that there is participated in the Educational Credit Program of which it treats Law No. 8,436, 1992.

Art. 5º The funding granted with resources from the FIES should note the following:

I? term: may not be superior to the regular duration of the course;

II? interest: to be stipulated by the CMN, for each letivo semester, applying? if from the date of the celebration to the end of the student's participation in funding;

III? offer of adequate guarantees by the funded student;

IV? amortization: will begin in the month immediately subsequent to the completion of the course, or in advance, on the initiative of the funded student, calculating benefits, in any case:

a) in the first twelve months of amortization, in value equal to that of the instalment paid directly by the student, financed to the higher education institution in the immediately preceding semester;

b) parceling? if the remaining debtor balance in period equivalent to up to one time and a half the term of stay in the funded student condition;

V? risk: Financial agents and higher education institutions will participate in the risk of funding in the percentage of twenty percent and five percent, respectively, being considered supportive debtors at the specified limits.

§ 1º Over the period of use of the financing, the funded student is required to pay, quarterly, the interest incidents on the financing, limited to the amount of R$ 50.00 (fifty reais).

§ 2º It is allowed to the funded student, at any time, observed the regulation of the CMN, to perform extraordinary depreciation of the funding.

§ 3º Exceptionally, on the initiative of the institution of higher education to which it is bound, can the student dilate in up to one year the term of which treats the inciso I of the caput of this article, in whose hypothesis the maximum term of parceling of the amortization will be limited to one time and a half of regular duration of the course.

Art. 6º In the event of an inaddition of the benefits due by the funded student, the institution referred to in § 3º of the art. 3º shall promote the execution of contractual guarantees, as established by the institution of which it treats the inciso II of the caput of the same article, repassing to the FIES and the higher education institution the party concerned at its risk.

CHAPTER III

OF THE PUBLIC DEBT SECURITIES

Art. 7º Stay the Union authorized to issue public debt securities in favor of the FIES.

§ 1º The securities to which refer to caput will be represented by certificates of issuance of the National Treasury, with characteristics set out in act of the Executive Power.

§ 2º The certificates referred to in § 1º will be issued in the form of direct placement, on par, upon express request of the FIES to the National Treasury Board Secretariat.

§ 3º The resources in current currency delivered by the FIES in return for the direct placement of the certificates will be used exclusively for abatement of the public debt liability of the National Treasury.

Art. 8º In contrast to the direct placement of the certificates, stay the FIES authorized to use in payment the credits securitized received in the form of the art. 14.

Art. 9º The certificates of which treats art. 8º will be earmarked by the FIES exclusively for the payment to the higher education institutions of the educational charges relating to the financing operations carried out with resources of the FIES.

Art. 10. The certificates received by the higher education institutions in the form of the art. 9º will they be used exclusively for payment of pension obligations to the National Institute of Social Insurance? INSS, by staying this authorized to receive them.

Art. 11. The Registry of the National Treasury will rescue, upon formal request from the INSS, the certificates destined for that Institute in the form of the art. 10.

Art. 12. The Office of the National Treasury is authorized to rescue in advance, upon formal request of the FIES and attested by the INSS, the certificates, with date of issue up to 1º November 2000, in power of higher education institutions which, in the rescue request date, have satisfied the current pension obligations, inclusive of the required debentures, constituted, enrolled or helped, and which meet, concomitantly, the following conditions:

I? are not in arrears in the payments regarding the agreements for parcelings due to the INSS;

II? do not have any social contribution parcelings agreements concerning the insured persons;

III? if opters of the Fiscal Recovery Program-REFIS, have not included social contributions raised by the INSS; and

IV? not figurem as litigants or litis consorts in lawsuits in which they discuss social contributions raised by the INSS or relative contributions to the Salary?Education.

Single Paragraph. From the higher education institutions that possess parcelings agreements to the INSS and to be covered in this article, they will be able to be rescued up to fifty percent of the value of certificates, by staying these obliged to use the certificates remaining, in its power, in the amortization of the alluded to parcelings agreements.

Art. 13. It stands the FIES allowed to repurchase, on par, the certificates alluded to in the art. 9º, upon use of the resources referred to in the inciso lI of the art. 2º, ressaved the provisions of the art. 16, in power of the higher education institutions that meet the provisions of the art. 12.

Art. 14. For the purposes of the alienation of which it treats the inciso III of § 1º of the art. 2º, stands the FIES authorized to receive in payment securitized claims of liability of the National Treasury, originating in the securitization transactions of debts in the manner provided for in paragraph 2º (b) of the Art. 1º of Law No. 10,150 of December 21, 2000.

Single paragraph. For effect of the receipt of the securitized credits in the form predicted in the caput will be observed the economic equivalence criterion among the assets involved.

Art. 15. The operations to which the arts relate. 8º to 11 will be held at par.

CHAPTER IV

OF THE GENERAL AND TRANSITIONAL PROVISIONS

Art. 16. In the exercises of 1999 and following, of the recipes referred to in the incisos I, II and V of the art. 2º will be deducted the resources required for payment of the educational charges contracted under the Educational Credit Program of which it treats Law No. 8,436, 1992.

Single paragraph. It is permitted to the recipient students of the Program referred to in the caput of this article to opt, until June 30, 2000, for the funding of which it treats this Provisional Measure, observed the provisions of the final part of the art. 1º and in § 1º of the art. 4º.

Art. 17. Exceptionally, in the 1999 financial year, they will be jus for the funding of which it treats this Provisional Measure, with effect from 1º May 1999, the demonstrably deprived students who have left to benefit? if scholarships integrals or partial granted by the institutions referred to in art. 4º of Law No. 9,732, of 1998, in value corresponding to the scholarship previously received.

Single paragraph. To the financing of which it treats the caput of this article does not apply to the provisions of the final part of the art. 1º and in § 1º of the art. 4º.

Art. 18. It becomes vetted, from the publication of this Interim Measage, the inclusion of new beneficiaries in the Educational Credit Program of which it treats Law No. ­8.436, from 1992.

Art. 19. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.094?27 of May 17, 2001.

Art. 20. This Interim Measure takes effect on the date of its publication.

Brasilia, June 13, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente