DECREE NO. 8,222, OF April 10, 2014

Altera the Decree No. 59,170 of September 2, 1966, which creates the Special Industrial Funding Agency-FINAME.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, inciso IV, of the Constitution, and in accordance with art. 10, § 1º, of Law No. 5,662, of June 21, 1971,

DECRETA:

Art. 1º The Decree No. 59,170 of September 2, 1966, passes the vigour with the following amendments:

" Art. 2º FINAME, the federal public company constituted in the form of anonymous society, has headquarters in Brasilia, Federal District, acting on the entire national territory, and may install and maintain in the Country and abroad agencies, offices and representations. " (NR)

" Art. 5º By decision of the Executive Directorate-Executive, FINAME will be able to carry out acceptance operations for supply of spin capital to the companies installed in basic industrial sectors of the economy, defined in the form of the inciso II of the art caput. 10-A.

§ 1º The BNDES, in the exercise of the banking activities to which it is authorized by art. 10 of Law No. 1,628 of June 20, 1952 and within the areas of application set out in Law No. 1,474 of November 26, 1951 and in Law No. 1,518 of December 24, 1951, with the extension introduced by Law No. 4,457 of November 6, 1964, may outwit avail in the form of accepted or co-accepted from the respective titles of acceptance operations that come to be held by FINAME.

§ 2º FINAME will be able to subscribe to shares of industrial companies for later resects to the public, and, upon convenium, apply resources and securities of other public, federal, or state agencies, in the purposes to which it is intended. " (NR)

" Art. 6º Are statutory bodies of FINAME:

I-the General Assembly;

II-the Board of Directors;

III-the Director-General-Executive; and

IV-the Tax Council.

Single paragraph. The Boards of Directors and Fiscal will be composed of Brazilians, residents and domiciles in the Country, of notorious knowledge, experience and moral idoneity, ilibated reputation and technical capacity compatible with the exercise of the office. " (NR)

" Art. 7º The Board of Directors, FINAME's top guiding body, will be integrated by seven members:

I-the Director-Superintendent of FINAME, chosen by the Board of BNDES;

II-a member of the Board of Directors of the BNDES, chosen by the Board of Directors of BNDES;

III-two representatives of the Ministry of Development, Industry and Foreign Trade;

IV-a representative of the Ministry of Finance;

V-a representative of the Ministry of Planning, Budget and Management;

VI-a vacancy for single alternating representation of the industrial sector, of the regional and state banks of development, commercial banks and private investment banks.

§ 1º The Minister of State for Development, Industry and Foreign Trade shall indicate the Chairman of the Board of Directors.

§ 2º The members of the Board of Directors referred to in the incisos III to VI of the caput shall be designated by the Minister of State for Development, Industry and Foreign Trade, shall have three-year terms and, to the exception of the inciso VI of the caput, they will be able to be re-conducted.

§ 3º The mandates of the member of the Board of Directors of BNDES and of the Director-Superintendent of FINAME will coincide with the mandates in their collegiate bodies of BNDES.

§ 4º The investiture of the members of the Board of Directors will be made upon signature in the Posse Term Book.

§ 5º The term of the member of the Board of Directors will be counted from the date of signing in the Term Book of Posse.

§ 6º In the assumption of redriving of member of the Board of Directors, the new deadline will be counted from the date of the expiry of the previous term.

§ 7º In case of vacancy in the course of the mandate, will be designated new member by the Minister of State for Development, Industry and Foreign Trade, who will complete the term of management of the predecessor.

§ 8º The Chairman of the Board of Directors will be replaced, in the cases of impediment or absence, by the Director-Superintendent of FINAME, unless the latter is the nominee as President of the Council, pursuant to § 1º, in which case the President shall be replaced by the member referred to in the inciso II of the caput.

§ 9º Unless legal order impediments, the members of the Board of Directors will make jus the monthly fees corresponding to ten percent of the monthly average remuneration of the Directors of BNDES, observed the next:

I-The Director-Superintendent of FINAME will not make jus at any remuneration for the performance of the duties at FINAME;

II-the payment of the fees will be quarterly, owing to the month subsequent to the one in which the ordinary meeting of the period is held; and

III-only the members of the Board of Directors who appear at the ordinary meeting of the quarter shall be jus to the fees. " (NR)

" Art. 8º Compete to the Board of Directors of FINAME:

I-appreciate, on the proposal of the Executive Board, FINAME's acting plans and programs, fixing the overall orientation of its business;

II-opinion.* on investment and administrative, annual and multi-annual budgets;

III-advising the Executive Directorate in the setting of policies to be adopted and in the definition of priorities of a sectoral nature;

IV-manifest on the FINAME Annual Performance Report, the financial statements of the exercise and the proposals for the targeting of the results, noted the provisions of the art. 10-D;

V-appreciate the annual audit reports and the information on the results of FINAME's actions and on the main projects by this supported;

VI-advising BNDES as far as the FINAME's guiding general lines;

VII-define the decision-making levels of the Executive Directorate-Executive and the President, for the purposes of approval of operations;

VIII-manifest on matters of interest of FINAME that are submitted to it by the Executive Director-Executive or by BNDES; and

IX-pronounce on cases where there is no statutory forecast, pursuant to § 1º of the art. 10 of Law No. 5,662 of June 21, 1971, observed the provisions of the art. 10-D. " (NR)

" Art. 9º The Board of Directors shall convene ordinarily every quarter of the calendar year and, extraordinarily, whenever it is convened by its President, at the discretion of this or by request of at least two of its members.

§ 1º The Board of Directors will only meet with the presence of the majority of its members.

§ 2º The deliberations of the Board of Directors will be adopted by a majority of votes and registered in minutes, and will fit the President, in addition to the common vote, the quality one. " (NR)

" Art. 10. The Executive Director of FINAME shall be composed of the same members of the Directorate of BNDES, as follows:

I-the President, who shall be the President of BNDES;

II-the Director-Superintendent, who will be one of the directors of BNDES, chosen by the Board of BNDES;

III-too many Directors, without special denomination.

§ 1º The President will be able to delegate his or her assignments, in whole or in part, by reserving himself equal powers, to the Director-Superintendent, who will be his replacement.

§ 2º The Director-Superintendent will be able to delegate his or her assignments, in whole or in part, by reserving equal powers, to one of the members of the Board, which will be your replacement.

§ 3º The President, the Director-Superintendent and the remaining Directors will not be doing jus at any remuneration for the performance of the duties in the Executive Director of FINAME.

§ 4º The mandates of the President, Director-Superintendent and of the remaining Directors will coincide with his mandates as members of the BNDES Directorate.

§ 5º The investiture of the members of the Board will be made upon signature in the Book of Term of Possession.

§ 6º At the end of the term of office, the member of the Board will remain in the exercise of his duties until the replacement designation or his / her redriving.

§ 7º In case of vacancy or temporary absence of member of the FINAME Board of Directors, the substitute will be the same designated for replacement in the Board of BNDES. " (NR)

" Art. 10-A. It is incumbent upon the Executive Directorate to exercise all the powers of general administration and executive management of FINAME, to fit you preciously:

I-fix general implementation plans and FINAME acting programs;

II-fix criterion of application of FINAME resources, inclusive of the establishment of priority scales;

III-elaboration of investment and administrative budgets, inclusive of costing, annual and multiannual, for consideration of the Board of Directors;

IV-approve the general standards of operation;

V-approve the internal region of FINAME, defining the administrative structure, assignments of the units that integrate it and the chances of delegation of assignments;

VI-deliberation on financial support operations;

VII-pass the general standards of personnel administration, inclusive of those concerning to the institution of job plans and salaries or benefits;

VIII-elaborating the FINAME Annual Performance Report, the financial statements of the exercise and the proposals for the targeting of the results, for the assessment of the Boards of Directors and Fiscal;

IX-authorize the acquisition, disposal and burdening of movable and immovable property;

X-authorize the waiver of rights, transactions and arbitral commitments;

XI-authorize the realization of agreements, contracts and arrangements that constitute burden, obligations or commitments to FINAME or that are necessary to their functioning;

XII-granting vacations and licences to members of the Directorate-Executives;

XIII-exasking complementary acts necessary for the realization of FINAME's objectives. " (NR)

" Art. 10-B. The Executive Director shall convene, ordinarily, once a month and, extraordinarily, whenever convened by the President, and shall act with the presence of the simple majority of its members and, necessarily, of the President or of his replacement.

Single paragraph. The deliberations of the Board will be adopted by a majority of votes and registered in minutes, and it will be up to the President, in addition to the common vote, the quality one. " (NR)

" Art. 10-C. It is incumbent upon the President the direction, supervision and coordination of the work of the Executive Directors and, specifically:

I-represent FINAME in judgment or outside of it, and may, on behalf of this, constitute ad attorneys juditia or ad negotia, observed the provisions of § 4º;

II-convene and chair the meetings of the Directorate-Executive;

III-fix the assignments of the Directors, and may delegate executive competence and adjudication;

IV-lowering standards necessary for the functioning of FINAME, according to the internal organisation approved by the Directorate-Executive;

V-admit, promote, punish, dismiss, fire and practise all the remaining acts understood in the administration of personnel, observed the legal criteria and standards set by the Board;

VI-submit to the BNDES the Annual FINAME Performance Report, the demonstrations financial, observed the provisions of article 8º, caput, inciso IV, and the other subjects object of deliberation in the exercise of their assignments; and

VII-designate substitutes for the members of the Executive Director-Executive, in their absences and temporary impediments that cannot be met upon redistribution of tasks.

§ 1º Compete to the Director-Superintendent:

I-respond by the performance of the President's assignments FINAME, in its absences or impediments; and

II-exercise the remaining assignments provided for the Directors.

§ 2º Each Director competes:

I-coadjuvate the President in the direction and coordination of FINAME activities, in accordance with the assignments that are delegated to it;

II-participate in the meetings of the Executive Director-Executive, concurring to ensure the definition of policies to be adopted by FINAME; e

III-exercise the executive, decision-making and coordination tasks assigned to it by the President.

§ 3º The acts that constitute or modify obligations of FINAME or that exonerate third parties of obligations to this will be subscribed by the President in conjunction with another Director. " (NR)

" Art. 10-D. It competes privately to the General Assembly to deliberate on the following subjects:

I-budgets of investments and administrative, inclusive of costing, annual and multiannual;

II-Annual Report of the FINAME Performance Directorate, financial statements of the exercise and the targeting of the result; and

III-the cases for which there is no statutory forecast, pursuant to § 1º of the art. 10 of Law No. 5,662 of June 21, 1971. " (NR)

" Art. 11. The Fiscal Council, the supervisory body of FINAME, will have permanent operation and will be constituted of three effective members and three alternates, appointed by the Minister of State for Development, Industry and Foreign Trade, which will indicate his President, noted the following:

I-two effective members and two alternates will be nominated by the Minister of State for Development, Industry and Foreign Trade; and

II-an effective member and a alternate will be appointed by the Minister of State for Finance, as representatives of the National Treasury.

§ 1º The members of the Fiscal Council will be given a two-year term, admitted to a redrive for equal period.

§ 2º The member of the Fiscal Council that there has been reconducted will only be able to return to be part of the collegiate once it has elapsed at least one year from the end of the last term.

§ 3º The investiture of the members of the Fiscal Council will be made upon registration in the minutes of the first meeting of which they participate.

§ 4º The term of office of the member of the Fiscal Council shall be counted from the date of the act which appointed him.

§ 5º The member of the Fiscal Council will remain in the exercise of the post until the appointment of substitute by the Minister of State for Development, Industry and Foreign Trade.

§ 6º In the assumption of redriving of member of the Fiscal Council, the new term of office will be counted from the date of the expiry of the previous term.

§ 7º Unless lawful order impediments, the members of the Tax Board, holders or alternates, will realize, by the effective exercise of their mandates, fees corresponding to ten percent of the average monthly remuneration of the Directors of the BNDES.

§ 8º In addition to the cases of death, resignation, destitution and others provided for in law, the function of the member of the Fiscal Council which, without cause formally justified, does not attend two consecutive meetings or three alternates in the span of one year, save the hypotheses of force majee or fortuitous case.

§ 9º The Fiscal Council if will convene, ordinarily, every three months and, extraordinarily, when convened by its President or by the Board of Directors, in the cases provided for in law. " (NR)

" Art. 11-A. To The Fiscal Council compete to examine and issue opinion on the balance sheets and too much financial statements, on the installments of semestral accounts of the Board of FINAME and to exercise other assignments provided for in Law No. 6,404, 15 of december 1976.

Single paragraph. The governing bodies of FINAME are obliged, by means of formal communication, to place at the disposal of the members in exercise of the Fiscal Council, within ten days, copies of the minutes of their meetings and, within fifteen days of their elaboration, copy of the Balts, too much elaborate financial statements periodically, and the budget execution reports. " (NR)

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

Art. 3º Stay revoked the art. 13 and art. 14 of Decree No. 59,170, of September 2, 1966.

Brasilia, 1º April 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

Mauro Borges Lemos