Key Benefits:
DECREE NO. 6,661, OF November 25, 2008.
Approves the Regimental Structure and the Demonstrative Frame of the Cargos in Commission and Gratified Functions of the Ministry of the Farmhouse, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers you the art. 84, incisos IV and VI, point (? a?, of the Constitution,
DECRETA:
Art. 1o Fiction approved the Regresmental Structure and the Demonstrative Table of Cargos in Commission and of the Gratified Functions of the Ministry of Finance, in the form of the Annexes I and II.
Art. 2o As a result of the provisions of the art. 1o, stay remanded, in the form of Annex III, the following posts in committee of the Group-Direction and Superiors Superiors-DAS:
I-of the Management Secretariat, of the Ministry of Planning, Budget and Management, for the Ministry of Finance: a DAS 101.2 and three DAS 102.1; and
II-from the Ministry of Finance to the Registry of Management, from the Ministry of Planning, Budget and Management: a DAS 102.2 and three DAS 101.1.
Art. 3o The apostilings arising from the approval of the Regimental Structure of which it treats art. 1o should occur within thirty days, counted from the date of publication of this Decree.
Paragraph single. After the apostilaments provided for in the caput, the Minister of State for the Finance shall publish, in the Official Journal of the Union, within sixty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant posts, their denomination and their respective level.
Art. 4o The Internal Regiments of the organs of the Ministry of Finance will be approved by the Minister of State and published in the Official Journal of the Union within the ninety days, counted from the date of publication of this Decree.
Art. 5o This Decree comes into force on the date of its publication.
Art. 6o It is revoked the Decree no 6,531, of August 4, 2008.
Brasilia, November 25, 2008; 187o of Independence and 120o of the Republic.
LUIZ INACIO LULA DA SILVA
Paulo Bernardo Silva
Guido Mantega
ANNEX I
REGIMENTAL STRUCTURE OF THE MINISTRY OF THE FARM
CHAPTER I
DA NATURE AND COMPETENCE
Art. 1o The Ministry of Finance, the organ of the direct federal administration, has as an area of competence the following subjects:
I-currency, credit, financial institutions, capitalization, popular savings, private insurance and open private providence;
II-politics, administration, surveillance and federal tax collection, inclusive of it intended for social welfare, and customs;
III-update of the social security cushion plan, in articulation with the remaining organs involved;
IV-financial administration and public accounting;
V-administration of internal and external public debts;
VI-economic and financial negotiations with governments, multilateral bodies, and government agencies;
VII-prices in general and public tariffs and administered;
VIII-surveillance and control of foreign trade;
IX-realization of studies and research for follow-up of the economic conjuncture;
X-proposition of reforms aimed at perfecting the institutions that regulate the functioning of the economy Brazil; and
XI-authorization, resonated the competences of the Monetary Council National:
a) of the free distribution of awards for advertisement title when effectuated upon draw, valley-toast, concourse or assorted operation;
b) of the operations of consortium, mutual fund and other assesed associative forms, which object to the acquisition of goods of any nature;
c) of the sale or promise of sale of goods to retail, upon public offer and with early, partial or full receipt, of the respective price;
d) of the sale or promise of selling rights, inclusive of quotes owned by civil entities, such as hospital, motel, club, hotel, recreation centre or accommodation and organisation of services of any nature with or without proration of maintenance expenses, upon public offer and with advance payment of the price;
e) of the sale or promise of sale of land loteed to installments by draw;
f) of any other modality of early popular saving abstraction, upon promise of contraption in goods, rights or services of any nature; and
g) of the exploitation of lotteries, inclusive the sweepstakes and other modalities of lotteries held by horse racing promoters.
CHAPTER II
DA ORGANIZATIONAL STRUCTURE
Art. 2o The Ministry of Finance has the following Organizational Structure:
I-bodies of direct and immediate assistance to the Minister of State:
a) Cabinet; and
b) Secretariat-Executive:
1. Undersecretion for Economic Affairs;
2. Subsecretion of Planning, Budget and Administration; and
3. Strategic Management Board;
II-specific organ-specific organs:
a) Attorney General of the National Farm;
b) Secretariat of the Brazilian Federal Recipe:
1. Subsecretion of Aduana and International Relations;
2. Sub-secretive of Taxation and Contencious;
3. Sub-secretarship of Surveillance;
4. Subsecretion of Fundraising and Service; and
5. Subsecretariat of Corporate Management;
c) National Treasury Board Secretariat;
d) Secretary of Economic Policy;
e) Secretariat of Economic Monitoring;
f) Secretaria of International Affairs;
g) Secretaria Extraordinary of Econometry-Fiscais; and
h) School of Fazendary Administration;
III-collegiated organs:
a) National Monetary Council;
b) National Council of Fazendary Politics;
c) Resource Council of the National Financial System;
d) National Privacy Insurance Council;
e) Board of Resources of the National Private Insurance System, of Open Private and Capitalization Welfare;
f) Board of Control of Financial Activities;
g) Superior Chamber of Tax Resources;
h) 1º, 2º and 3º Boards of Contributors;
i) Brazilian Committee of Nomenclature;
j) Exterior Credits Evaluation Committee; and
l) Managerial Coordinating Committee of the Federal Public Financial Institutions;
IV-linked entities:
a) authorities:
1. Central Bank of Brazil;
2. Commission of Securities; and
3. Superintendence of Private Insurance;
b) public companies:
1. House of the Currency of Brazil;
2. Federal Data Processing Service;
3. Federal Economic Box; and
4. Asset Manager Company;
c) Societies of Economics Mist:
1. Bank of Brazil S.A.;
2. IRB-Brazil Reinsurance S.A.;
3. Bank of Amazonia S.A.;
4. Bank of the Northeast of Brazil S.A.; and
5. Bank of the State of Piauí S.A.
CHAPTER III
OF THE COMPETENCIES OF THE ORGANS
Section I
Of the organs of Direct and Immediate Assistance to the Minister of State
Art. 3o Ao Cabinet competes:
I-attend the Minister of State in his political and social representation, occupy yourself with the public relations and the preparer and dispatch of your personal expedient;
II- follow up the progress of the Ministry's projects of interest, in tramway in the National Congress;
III-provide for the fulfillment of the consultations and the requirements formulated by the National Congress;
IV-arrange for the official publication and dissemination of the subjects related to the Ministry's area of acting; e
V-exercise other assignments that are committed to it by the Minister of State.
Art. 4o À Secretariat-Executive competes:
I-attend the Minister of State in the supervision and coordination of the activities of the integral Secretaries of the structure of the Ministry and the entities to it linked;
II-plan, coordinate, promote and disseminate better management practices and institutional modernization;
III-coordinate and overseeing the activities of administrative organization and modernization, as well as those related to the federal planning and budget systems, financial administration, accounting, administration of information resources, and informatics, human resources, general services and documentation and archives, within the framework of the Ministry and linked entities;
IV-assist the Minister of State in the definition of guidelines and in the implementation of the actions of the Ministry's area of competence;
V-coordinate, within the framework of the Ministry, the studies related to projects of laws, interim measures, decrees and other normative acts; and
VI-coordinate, within the framework of the Ministry, the activities related to the ouvidoria.
Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, National Archives- SINAR, of Planning and Federal Budget, of Federal Financial Administration and Federal Accounting, through the Sub-Secretariat of Planning, Budget and Administration.
Art. 5o À Subsecretaria for Economic Affairs competes:
I-accompany and supervise the work on economic affairs within the framework of the Executive Secretariat, establishing guidelines for programming, organization, implementation and evaluation of the tasks by it developed; and
II-coordinate, within the framework of the Executive Secretariat, in articulation with the Social Communication Advisory and the Advising for Parliamentary Affairs of the Ministry, actions and resolutions to the demands coming from the Legislative Power, the judiciary, other spheres of government, the press and organized civil society.
Art. 6o À Subsecretariat of Planning, Budget, and Administration competes:
I-administer, plan, coordinate, and supervise the execution of the activities of organization and modernization administrative, as well as those related to the federal planning and budget systems, financial administration, accounting, administration of information and informatics resources, human resources, general services and documentation and archives, within the framework of the Ministry;
II-coordinate and supervise the implementation of the activities of administrative organization and modernization, as well as those related to the systems cited in the inciso I, within the framework of the linked entities of the Ministry;
III-promoting articulation with the organs responsible for the central coordination of the organization activities and administrative modernization and the federal systems referred to in the inciso I and inform and guide the organs of the Ministry and linked entities as to the fulfilment of the established administrative standards;
IV-coordinate the elaboration and consolidation of the plans and programs of the Ministry's finalistic activities and linked entities, and submit them to the top decision;
V-examine and manifest about the internal regiments of the organs of the Ministry, as well as of the structures or statutes of the linked entities, except for public enterprises and mixed-economy societies;
VI-developing the activities of budgetary, financial and accounting execution, within the Ministry;
VII-carry out taken care of the expense payers and too many responsible for goods and values public and of all the one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium; and
VIII-supervise, coordinate, and guide the Regional Administration Managers of the Ministry.
Art. 7the To the Directorate of Strategic Management competes:
I-coordinate, guide and supervise the elaboration of policy and ministerial strategic management guidelines;
II-formulate, propose, coordinate and support the implementation of programs, projects and actions systemic transformation of the management, aimed at the institutional strengthening of the Ministry and of its specific and singular organs;
III-promoting the capacity for strategic formulation, observed the priorities of government, definition, measurement, monitoring, evaluation and dissemination of results and of the organizational performance;
IV-evaluate and disseminate relevant practices in models management structuring and conceptions of organizational structures aimed at the improvement of efficiency, effectiveness and effectiveness in the fulfillment of the ministerial activities;
V-promoting the development and improvement of information systems, learning and necessary knowledge to the implementation of the organizational processes; and
VI-carry out the actions, in charge of the Ministry, in the conduct of the programs and cooperation projects.
Section II
Of The Singular Specific Organs
Art. 8o À Procuradoria-General of the National Farm compete:
I-ascertain the liquidity and certainty of the active debt of the Union, tax or of any other nature, enrolling it for collection, friendly or judicial purposes;
II-represent deprivatively the Union, in the execution of its active debt;
III-examine beforehand the legality of contracts, concessions, agreements, adjustments or arrangements that matter to the National farm, inclusive of those concerning external public debt and, when it is the case, promote the respective termination or expiry statement, by administrative or judicial;
IV-represent the Union in the causes of fiscal nature, thus understood as those concerning the competence tributes of the Union, including infractions regarding tax legislation, compulsory borrowing, seizure of goods, domestic or foreign, organ decisions of the tax administrative litigation, benefits and tax exemptions, credits and stimuli export tax, tax liability of transporters and maritime agents, and procedural incidents raised in shares of a tax nature;
V-fixing the interpretation of the Constitution, of laws, of treaties and too much normative acts to be uniformly followed in their areas of acting and coordination, when not there is normative guidance from the Union Advocate General;
VI-represent and defend the interests of the National Finance:
a) in contracts, inclusive of concessions, agreements or adjustments of a fiscal or financial nature in which they intervene or are part of one side the Union and, of another, the States, the Federal District, the Municipalities, the authorities, the public companies, the mixed economy societies or entities foreign;
b) in instruments, loan agreements, warranty, contragarantia, financed purchase of goods and financing, contracted in the Country or abroad, in which it is party to or intervenes the Union;
c) next to the Upper House of Tax Resources, the Councils of Contributors, the National Financial System Resources Board, the Board of Resources of the System National Private Insurance, Open Private and Capitalization Insurance, to the Financial Activities Control Board-COAF and in other bodies of collective deliberation;
d) in the acts concerning the acquisition and alienation of real estate of the Union heritage from the Registration Offices of Real estate, requiring the registration, enrollment, transcription or averaging of securities relating to these real estate and, where applicable, manifesting refusal or impossibility to meet the requirement of the Officer, requiring certificates in the interest of the said heritage and, still, by promoting the registration of property of the property of the Union discriminated administratively, owned or occupied by organs of the federal administration and by military units, in the hypotheses provided for in the relevant legislation; e
e) in the constitutive acts and in assemblies of the mixed-economy societies and other entities from whose capital they participate in the National Treasury, and in the acts of underwriting, purchasing, selling, or transferring shares of society;
VII-accept the donations, free of charge, in favor of the Union;
VIII-manage the special subaccount of the Special Development Fund and Improvement of Supervisory activities-FUNDAF, of which they treat the Decree-Law no 1,437, of December 17, 1975, and the Law no 7,711, of December 22, 1988, intended to cater to the Incentive Program for the Union's Active Debt Fundraising;
IX-plan, coordinate, guide, supervise, control, and evaluate features related activities materials and heritage, convents, tenders, contracts and general services, observed the policies, guidelines, norms and recommendations of the organs of General Services and Documentation Systems and Archives;
X-represent and defend in judgment the Board Director of the PIS-PASEP; Participation Fund;
XI-enroll in Debt Activates the debits arising from contributions, fines, and charges to the Guarantee Fund of Service Time-FGTS and promote the respective collection, judicial and extrajudicially; and
XII-plan, coordinate, orient support and perform academic-scientific and cultural activities, in particular, with respect:
a) to the formation of new members of the Attorney General of the National Farm, in the performance of their functions institutional;
b) to the improvement and technical-professional upgrading of the members, Organ servers and trainees;
c) to the development of projects, courses, seminars and other modalities of study and exchange of information, and may, for these purposes, celebrate congeniums with organs of the Administration and public and private entities of teaching and research; and
d) to the creation of conditions aiming at the fulfillment of the provisions of the art. 39, § 2o, of the Constitution
§ 1o In the exercise of activities provided for in the inciso XII will be used the physical structure made available by the Fazendary School of Administration.
§ 2o The Attorney General of National Finance performs the activities of consultancy and legal advising within the framework of the Ministry and linked entities, regening, in the performance of these activities, by the provisions of the Decree-Law No. 147 of February 3, 1967 and of the Supplemental Law no 73, of February 10, 1993.
Art. 9the To the Registry of the Brazilian Federal Revenue Compete:
I-plan, coordinate, supervise, execute, control, and evaluate the activities of tax administration federal, including those relating to social contributions aimed at financing social welfare and other entities and funds, in the form of the current legislation;
II-propose measures for improvement and regulation and the consolidation of federal tax legislation;
III-interpret and apply tax legislation, customs, of previdential costing and correlates, editing the normative acts and the necessary instructions to their execution;
IV-establish ancillary tax obligations, inclusive of disciplining the delivery of statements;
V- prepare and judge, in the first instance, administrative processes of determination and requirement of Union tax credits, relating to the tributes and contributions by it administered;
VI-track the execution of the tax and customs policies and study their effects on the country's economy;
VII-driving, overseeing, directing, coordinating and executing the surveillance services, launch, collection, fundraising, gathering and control of the tributes and contributions and too much Union revenue, under his administration;
VIII-carry out the prediction, the follow-up, the analysis and control of the revenues under your administration, as well as coordinate and consolidate the predictions of the remaining recipes federal, to subsidize the drafting of the Union's budget proposal;
IX-propose measures intended to compatibilize the values set out in the federal financial programming with the revenue to be raised;
X-estimate and quantify the waiver of administered revenues and assess the effects of the aliquot reductions, tax exemptions and incentives or fiscal stimulus, re-salvaged the competence of other organs that also address these subjects;
XI-promote integration activities, between the fisc and the taxpayer, and of tax education, as well as preparing, orienting and disseminating tax information;
XII-formulate and establish economical information policy-fiscal and implement systematic collection, treatment and dissemination of such information;
XIII-celebrate congeniuses with the organs and entities of the federal administration and entities of public law or private, for exchange of information, rationalization of activities and conducting joint operations;
XIV-managing the Special Development Fund and Improvement of Supervisory activities-FUNDAF, referred to in Decree-Law No. 1,437, of 1975;
XV-negotiate and participate in the implementation of international agreements, treaties, and arrangements pertinent to tax and customs matters;
XVI-driving, supervising, orienting, to coordinate and execute the administration, surveillance and customs control services, including with regard to customs clearance of areas and precincts;
XVII-driving, overseeing, directing, coordinating and executing the control of customs value and transfer prices of imported or exported goods, ressalvated the competencies of the Brazilian Committee of Nomenclature;
XVIII-driving, supervising, orienting, coordinate and execute the activities related to naming, tax classification and origin of goods, including representing the Country in international meetings on the matter;
XIX-participate, observed the specific competence of other organs, of the activities of repression of smuggling, to the depath and the illicit trafficking of narcotics and related drugs, and money laundering;
XX-administrate, control, evaluate and normatize the Integrated Foreign Trade System-SISCOMEX, re-salvaged the competences of other organs;
XXI-articulate with international and foreign entities and bodies with acting in the economeo-tax field and economeo-foresights, for conducting studies, technical conferences, congresses and similar events;
XXII-elaboration proposal of updating the social security custeion plan, in articulation with the remaining organs involved; and
XXIII-guide, supervise, and coordinate the activities of production and dissemination of strategic information in the area of its competence, intended for risk management or use by participating bodies and entities of joint operations, aiming at the prevention and combating of delightful frauds and practices, within the framework of the federal tax administration and customs.
Art. 10. The Subsecretariat of Aduana and International Relations competes:
I-plan, coordinate and overseeing the activities concerning the customs administration and international relations of the RFB; and
II-manage the activities concerning the aerial operations developed by the Registry of the Brazilian Federal Revenue Office.
Art. 11. To the Subsecretariat of Taxation and Contencious competes:
I-plan, coordinate and overseeing activities concerning the elaboration, modification, regulation and dissemination of the tax, customs and correlates legislation;
II-carry out and disseminate economic studies and statistics-tributaries and relative to foreign trade matter;
III-effecting the prediction and analysis of the collection of the administered revenues and the resignations arising from the grant of benefits of a tax nature; and
IV-follow up with the litigation administrative and the jurisprudence emanating from the Judicial Power.
Art. 12. The Subsecretariat of Surveillance competes to plan, coordinate and supervise the surveillance activities, except for foreign trade, and economic-tax follow-up of the largest taxpayers.
Art. 13. To the Subsecretariat of Fundraising and Service compete to plan, coordinate and supervise the activities:
I-de fundraising, revenue classification, collection, restitution, redemption, refund and compensation of tax credits;
II-de-supervision of the fundraising network;
III-of management of the cadastros of the Registry of the Brazilian Federal Revenue Office;
IV-of presential care and at distance to the taxpayer;
V-de promotion of tax education;
VI-de-supervision of the Income Tax Program; and
VII-de management of the institutional memory of the Secretariat of the Federal Revenue Office of Brazil.
Art. 14. To the Undersecretariat of Corporate Management competes to plan, coordinate and supervise the activities:
I-from budget, programming and financial execution, convents, tenders and contracts, heritage administration, infrastructure, systems and technology services;
II-of people management, covering recruitment, capacity-building, allocation, development and evaluation of performance;
II-relative to the seized goods; and
III-of the Systems Plan of the Secretariat of the Brazilian Federal Revenue Office, ensuring the safety and integrity of the information.
Art. 15. To the Registry of the National Treasury, the central body of Federal Financial Administration and Federal Accounting Systems, compete:
I-draw up the monthly and annual financial programming of the National Treasury, manage the National Treasury Single Account and subsidize the formulation of the funding policy of the public expenditure;
II-ensure the financial balance of the National Treasury;
III-administer the financial and securities hapses of the National Treasury;
IV-keep track of the commitments that onset, directly or indirectly, the Union together with entities or to organisms international;
V-administering the public and contractual public debts, internal and outside, of direct or indirect responsibility of the National Treasury;
VI-managing the funds and the official programs that are under the responsibility of the National Treasury, evaluating and tracking the possible fiscal risks;
VII-edit standards on financial programming and budgetary and financial implementation, as well as promote the monitoring, systematization and standardization of the implementation of the public expenditure;
VIII-implement the actions necessary for the regularization of obligations financial from the Union, inclusive of those assumed to be due to law;
IX-establish accounting standards and procedures for the proper record of the acts and facts of the budgetary, financial and heritage management of the organs and entities of the federal administration, promoting the monitoring, systematization and standardization of execution accounting;
X-maintain and enhance the Accounts Plan and the Contabeis Procedures Manual of the Federal administration;
XI-institute, maintain, and enhance systems of accounting records for the acts and facts pertaining to budgetary, financial and heritage management;
XII- institute, maintain, and enhance information systems that allow to produce managerial information necessary for decision making and ministerial supervision;
XIII-setting standards and procedures for drawing up processes of spending payers' accounts and too many responsible for public goods and values and at all one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium, and promote the corresponding accounting records of the agents ' accountability;
XIV-elaborating the accounting statements and reports intended to compose the annual accountability of the President of the Republic;
XV-edit general standards for consolidation of national public accounts;
XVI-consolidate national public accounts by aggregation of the data from the balance sheets of the Union, the States, the Federal District and the Municipalities;
XVII-promoting integration with the remaining Powers of the Union and of the remaining spheres of government in accounting matters concerning budgetary, financial and heritage execution;
XVIII-administrate, control, evaluate, and normatize the Integrated Financial Administration System of the Federal Government-SIAFI;
XIX-elaboration and release, within the framework of its competence, fiscal statistics, demonstratives and reports, in service to legal devices and agreements, treaties and agreements concluded by the Union with international bodies or entities;
XX-check the fulfilment of the limits and conditions regarding the realization of credit operations of the states, of the Federal District and of the Municipalities, comprising the respective direct administrations, funds, authorities, foundations and dependent state-owned enterprises;
XXI-divulge, monthly, the relationship of the people who have outpaced the limits of consolidated and furnished debts, under the current legislation;
XXII-advise and technically subsidize the Minister of State in his / her participation in instances deliberatory on issues related to public investments, including those carried out under the modality of direct investment, public-private partnership and traditional concession, in particular in the processes regarding the selection steps, implementation, monitoring and evaluation of projects;
XXIII-check the suitability of the public-private partnership projects to the tax requirements set out in Law no 11,079, of December 30, 2004, and in the Supplemental Act no 101, of May 4, 2000, as well as in the remaining normative correports;
XXIV-operationalize and follow up with the management of Public-Private Partnerships Guarantee Fund-FGP, with a view to ensuring the valorisation of the public resources there deposited, and to draw up prior and reasoned opinion as to the feasibility of granting guarantees and in their form, regarding the risks to the National Treasury, and compliance with the limit on that it treats art. 22 of Law No. 11,079, 2004, for the contracting of public-private partnership, depending on the inciso II of § 3o of the art. 14 of the cited Law;
XXV-structuring and articulating the federal financial programming system, involving the sectoral financial programming sectoral bodies, with the aim of supporting the efficient execution of public expenditure in general, and of the investment projects in particular;
XXVI-structuring and participating in innovative experiences associated with public spending, with the aim of viabilizing the improvement of the sustainability conditions of public accounts;
XXVII-promote evaluation periodical of fiscal statistics and indicators, aiming to appropriate the Brazilian tax statistics system to international best practices and local requirements; and
XXVIII-setting standards and procedures on aspects of the management of public investments, including those carried out under the modality of public-private partnership, in what tange to financial programming, budgetary and financial implementation, accounting and tax registration, calculation and monitoring of borrowing limits, verification of payment capacity, the occurrence of contingent commitments; the system of managerial information, the administration of havers and obligations under the responsibility of the National Treasury, as well as the remaining competencies assigned institutionally to the Secretary of the National Treasury.
§ 1o As far as public expenditure is concerned, inclusive aspects associated with budget programming, monitoring and evaluation, as mentioned in the incisies VII, XII, XXIV, XXV, XXVI and XXVII, the National Treasury Board Secretariat is expected to carry out its assignments in close collaboration with the Ministry of Planning, Budget and Management, aiming at suppressing any gaps and enhancing the usual procedures in that area.
§ 2o The products generated due to the performance of the National Treasury Board Secretariat acting in the area of public spending, in particular with regard to the activities of monitoring and evaluation, should be shared with the Ministry of Planning, Budget and Management, so as to allow for its full integration with the Federal Planning and Budget System.
Art. 16. To the Bureau of Economic Policy competes:
I-advise the Minister of State in the formulation, follow-up and coordination of economic policy;
II-propose guidelines of medium and long deadlines for fiscal policy and follow up, in articulation with too many involved bodies, their driving;
III-elaboration, in articulation with too many involved bodies, proposals for improvement of public policies, aiming for fiscal balance, economic efficiency and the long-term growth;
IV-analyzing and elaborating, in articulation with too many organs involved, proposals for improvement of tax and budget legislation and assess their impacts on the economy;
V-define the set of macroeconomic parameters used in the drafting of the General Budget of the Union;
VI-evaluate and elaborate, in articulation with too many involved bodies, proposals for policies concerning the sector productive, including, tax, exchange rate, commercial, tariff and credit policies;
VII -follow up and evaluate the country's economic indicators by elaborating reports on the evolution of the economy;
VIII-contribute to promote the enhancement, expansion and broadening of access to credit within the National Financial System;
IX-promote studies and evaluate measures for the development of the complementary welfare sectors, safe and capitalization;
X-evaluate and propose measures for the development of the capital market Brazilian;
XI-propose alternatives and evaluate, in articulation with too many organs involved, the public policies for the housing system, aiming at the enhancement of regulatory and operational mechanisms;
XII-propose, evaluate and follow up the formulation and implementation of normatives and public policy instruments for the agricultural and agroindustrial sectors, especially in the which concerns credit, production and price protection mechanisms, marketing and supply;
XIII-appreciate, in their economic aspects, projects of legislation or regulation in their area of acting, issuing technical opinions;
XIV-advising the Minister of State, in the economic and financial aspects, in the relationship policy with bodies and international finance and trade bodies;
XV-advising the Minister of State at the National Privy Insurance Council (CNSP); and
XVI-participate in the Technical Commission of Currency and Credit and advising the Minister of State in the National Monetary Council.
Art. 17. The Bureau of Economic Monitoring competes:
I-propose, coordinate, and execute the actions of the Ministry, concerning the management of markets regulation, competition and economic order protection policies;
II-ensuring the defence of the economic order, in articulation with the remaining bodies of the Government tasked with ensuring the defence of competition, and for so much:
a) issue economic opinions concerning acts of concentration in the context of the Law no 8,884, of June 11, 1994;
b) carry out economic analyses of practices or pipelines competition restrictors, instructing procedures in the context of Law No. 8,884, of 1994; and
c) carry out investigations of competition-limiting acts or pipelines in the context of the Act no 9,021, of March 30, 1995 and of the Law no 10,149, of 21 of December 2000;
III-monitoring the deployment of the models of regulation and management developed by the regulatory agencies, the sectoral ministries and the other related bodies, manifesting themselves, among other aspects, about:
a) of the readjustments and revisions of public service and public price tariffs;
b) of the licitatory processes involving the privatization of companies belonging to the Union; and
c) of the evolution of the markets, especially in the case of public services subject to the processes of destatization and administrative decentralization;
IV-authorize and scrutinize, except hypothesis of attribution of competence to another organ or entity, the activities of free distribution of prizes, the title of advertisement, upon draw, gift-free, tender or operation assemelated, and of popular savings caption, pursuant to the Law no 5,768, of December 20, 1971;
V-authorize, follow, monitor, monitor and scrutinize the activities of which treat the Decrees-Leis no 6,259, de February 10, 1944, and no 204, of February 27, 1967;
VI-authorize and scrutinize the activities of which treats art. 14 of Law no 7,291, of December 19, 1984;
VII-promoting functioning proper of the market, and for so much:
a) to follow and analyze the evolution of variables from market relative to sectors and products or the product group;
b) follow up and analyze the implementation of the national import and export tariff policy, interacting with organs involved with foreign trade policy;
c) adopt, when cableable, normative measures on conditions of competition to ensure free competition in the production, marketing and distribution of goods and services;
d) compatibilize internal defence and defence practices commercial with international practices;
and) assess and express themselves about the acts normative and legal instruments that affect the conditions of competition and efficiency in the provision of services, production and distribution of goods; and
f) propose, evaluate, and analyze the implementation of the sectoral and regional development policies;
VIII-formulating representation before the competent body, when identified illegal and / or unconstitutional standard that has anti-competitive character;
IX-track the development of sectors and programs strategic of development and for this:
a) strategically follow up the sectors and productive activities of the Brazilian economy; and
b) represent the Ministry of Finance in inter-ministerial actions, associations and in the seminars of the strategic economic development programs;
X-develop the tools necessary for the execution of the assignments mentioned in the incisos I to VIII of this article; and
XI-promoting articulation with public bodies, private sector, and nongovernmental entities also involved in the assignments mentioned in the incisos I to VIII of this article.
Art. 18. The Office of International Affairs competes:
I-follow up on economic negotiations and financial ones with foreign or international governments and entities;
II-analyze the policies of international financial bodies, as well as the conjuncture of the international economy and strategic economies for Brazil;
III-analyze the financial policies of international institutions and follow up initiatives in monetary and financial cooperation;
IV-follow themes related to Brazilian external indebtedness along to official and private creditors;
V-participate, within the framework of the Exports Financing and Guarantee Committee-COFIG, das decisions regarding the granting of financial assistance to exports, with proceeds from the Export Financing Program-PROEX, and of the provision of Union warranty, amstop by the Export Guarantee Fund-FGE;
VI-advise the Presidency and exercise the Executive Secretariat of the COFIG;
VII-authorize the guarantee of the coverage of trade risks and the political and extraordinary risks assumed by the Union, by virtue of the Export Credit Insurance-SCE, pursuant to the Act no 6,704, of October 26, 1979, and of the regulations in force;
VIII-exercise assignments concerning the SCE, in addition to that mentioned in the previous inciso, including the contracting of institution enabled to operate the SCE, for execution of all the services to it related, including analysis, monitoring, management of the warranty and recovery of claims claims;
IX-adopt, within its competence, all administrative measures necessary for the execution of the activities related to SCE;
X-adopt the necessary arrangements, as mandatary of the Union, for judicial and extrajudicial collection, in the exterior, of the Union credits, arising from compensation paid, within the scope of the SCE, with proceeds from the Export Guarantee Fund-FGE;
XI-hire, at the discretion of the Registry, institution empowered to operate the SCE or lawyer, in the Country or abroad, for the practice of all the acts necessary for the execution of the disposed of the inciso X;
XII-participate, within the framework of the Credits Evaluation Committee to the Exterior-COMACE, of the decisions regarding the planning and monitoring of the policy of assessment, negotiation and recovery of Brazilian credits abroad;
XIII-participate, within the framework of COMACE, of the negotiations of Brazilian credits abroad, including those carried out by the Paris Club;
XIV-advise the Presidency and exercise the Secretariat-Executive Office of the COMACE;
XV-participate, within the framework of the Commission on External Financing-COFIEX, of the decisions concerning the authorization of the preparation of projects or public sector programs with financial nature support from external sources;
XVI-follow and coordinate, within the framework of the Ministry, the necessary actions to the process of economic integration of Brazil in the Southern Common Market-MERCOSUR, including the participation in the coordination of macroeconomic policies;
XVII-participate in the negotiations trade relating to MERCOSUR and too much economic blocks and pronounce on the desirability of Brazil's participation in international agreements or arrangements related to foreign trade;
XVIII-accompany and coordinate, within the framework of the Ministry, the actions necessary for the participation of Brazil in the Organization World Trade-WTO and other international trade bodies in foreign trade, including services, investments and government purchases;
XIX-participate, within the framework of the WTO and other international bodies, of negotiations on foreign trade, including services, investments and purchases government;
XX-follow up on the implementation of the national import tariff policy and of export, in conjunction with the remaining bodies in charge of the elaboration of the foreign trade policy;
XXI-accompany and coordinate, within the framework of the Ministry, the policies and actions of the Brazilian Government in the areas of safeguards and anti-dumping and countervailing duties; and
XXII-participate in negotiations on safeguards and anti-dumping and countervailing duties, in the scope of the trade agreements, the WTO and other international bodies.
Art. 19. The Extraordinary Secretaria of Economic-Fiscal Reforms competes:
I-elaborate and propose legislative or regulatory measures for the institutional enhancement of the national economic system;
II-coordinate the Ministry's performance in the drafting of proposals for institutional reforms of the national economic system, when so determined by the Minister of State of the Farm;
III-promote studies that assist and substantiate the elaboration of proposals in their area of competence;
IV-advising the Minister of State on matters concerning reforms institutional system of the national economic system; and
V-assist the other organs of the Ministry in the drafting of proposals for institutional reforms of the national economic system.
Art. 20. The Fazendary School of Administration competes:
I-planning, promoting and intensifying systematic, progressive, and tailored training programs to the needs of the Ministry in its various areas;
II-promoting the formation and technical-professional enhancement of the Ministry's servers;
III-systematization, planning, overseeing, directing and control of recruitment and personnel selection for fulfillment of Ministry posts;
IV-plan and promote basic and applied research, well thus to develop and maintain technical cooperation programmes with national and international bodies on the matter of interest of the Ministry;
V-plan non-integrated courses in the normal curriculum of the School and perform projects and activities of recruitment, selection and training that come to be convenienced with organs and entities of the direct and indirect public administration of the Union, the states, the Federal District and the Municipalities, and with national and international bodies; and
VI-administrating the Special Training and Development Fund, of an accounting nature, of which treats Decree no 73,115, of November 8, 1973.
Section III
From the Collegiated Bodies
Art. 21. The National Monetary Council competes to exercise the assignments of which it treats Law no 4,595, of December 31, 1964, and supervenient special legislation.
Art. 22. To the National Council of Fazendary Politics competes:
I-promote the celebration of arrangements, for the purpose of granting or revocation of incentives and tax benefits of the tax of which it treats the inciso II of the art. 155 of the Constitution, in accordance with that provided for in § 2º, inciso XII, point (g) of the same article and in the Supplementary Act no 24, of January 7, 1975;
II-promote the celebration of acts aiming at the exercise of the prerogatives provided for in the arts. 102 and 199 of Law No. 5,172 of October 25, 1966 (National Tax Code), as also on other matters of interest of States and the Federal District;
III-suggest measures with views to the simplification and harmonization of legal requirements;
IV-promoting the management of the National Integrated Economic Information System-SINIEF, for collection, elaboration and distribution of basic data essential to the formation of econo-fiscal policies and the permanent enhancement of tax administrations;
V-promoting studies with views to the improvement of the Tax Administration and the National Tax System as a mechanism of economic and social development, in the aspects of inter-relation of federal and state taxation; and
VI-collaborating with the Monetary Council National in the setting of the Internal and External Public Debt Policy of the States and the Federal District, for compliance with the relevant legislation, and in the guidance of state public financial institutions, propitiating their highest efficiency as basic support of the state Governments.
Art. 23. To the National Financial System Resource Council it is up to exercise the competences set out in the art. 2o of Decree no 1,935, of June 20, 1996.
Art. 24. To the National Board of Private Insurance it is up to exercise the competences set out in the Decree-Law no 73 of November 21, 1966, regulated by Decree no 60,459, of March 13, 1967.
Art. 25. To the Board of Resources of the National Private Insurance System, Open Private and Capitalization Private Welfare System is to exercise the competencies set out in Decree no 2,824, of October 27, 1998.
Art. 26. The competencies of the Financial Activities Control Board are those set out in the art. 14 of the Act no 9,613, of March 3, 1998, regulated by Decree no 2,799, of October 8, 1998.
Art. 27. To the Superior Chamber of Tax Resources competes to judge:
I-special interpost appeal against:
a) non-unanimous decision of the Board of Council of Contributors, when contrary to the law or evidence of proof; and
b) decision that gives the tax law divergent interpretation than has given you another Chamber of Council of Contributors or the Superior Chamber of Tax Resources itself; and
II-voluntary interposed decision-making of the Chambers of the Boards of Contributors in the trial of an op-ed appeal.
Art. 28. At 1o, 2o and 3the Boards of Contributors, observed its competence and within alleyway limits set by the Minister of State, competes judging offender resources and first-instance decision-making volunteers on the application of the legislation regarding tributes, including additional, and compulsory loans and contributions administered by the Registry of the Brazilian Revenue Office.
Art. 29. To The Brazilian Nomenclature Committee it is up to you to exercise the competencies established in art. 156 of the Decree-Law no 37, of November 18, 1966, which creates the said Committee.
Art. 30. The Foreign Credits Assessment Committee is to exercise the competencies set out in Decree no 2,297, of August 11, 1997.
Art. 31. To the Managerial Coordination Committee of the Federal Public Financial Institutions it is up to exercise the competencies set out in the Decree of November 30, 1993, which creates the said Committee.
CHAPTER IV
OF THE LEADERS' ATTRIBUTIONS
Section I
From the Executive Secretary
Art. 32. The Executive Secretary is incumbent on:
I-coordinate, consolidate and submit to the Minister of State the Ministry's overall action plan;
II-supervise and evaluate the execution of the projects and activities of the Ministry;
III-supervise and coordinate the articulation of the organs of the Ministry with the central bodies of the systems affections to the area of competence of the Secretariat-Executive; and
IV-exercise other assignments that are committed to it by the Minister of State.
Section II
Do Attorney General of the National Farm
Art. 33. To the Attorney General of the National Farm it is incumbent to direct, guide, supervise, coordinate and scrutinize the activities of the units that are subordinate to him, ministering to them instructions and expediting normative acts and work orders, in the form of the Decree-Law no 147, of 1967, and of the Supplemental Law no 73, of 1993.
Paragraph single. The Attorney General of the National Farm will provide direct and immediate assistance to the Minister of State for Finance.
Section III
Do Secretary of Revenue Federal of Brazil
Art. 34. To the Secretary of the Brazilian Federal Revenue Officer is incumbent to direct, guide, supervise, coordinate and scrutinize the activities of the units that are subordinate to him, to exact normative, administrative acts of generic character and to exercise other assignments that are committed to you in internal regiment.
Single paragraph. The tasks and delegations of competence previously conferred on the Secretary of the Federal Revenue Officer or the Secretary of the Revenue Revenue, provided for in law or lower act and relating to the exercise of the respective posts, transfer automatically to the Secretary of the Brazilian Revenue Office.
Section IV
Dos Secretaries
Art. 35. To the Secretaries it is incumbent on planning, directing, coordinating, directing the implementation, monitoring and evaluating the activities of the units that integrate their respective secretaries and exercise other assignments that are committed to them in internal regiment.
Setion V
From the Ouvidor-General
Art. 36. To the Ouver-General it is incumbent on monitoring the progress and solution of the customers ' pleats, within the Ministry.
Section VI
Of the rest Leaders
Art. 37. To the Chief of Staff of the Minister of State, the Undersecretaries, the Director General of the Graduate School of Administration, the Directors and the remaining leaders it is incumbent on planning, directing, coordinating and directing the implementation, monitoring and evaluating the activities of their respective units and exert other assignments that are committed to them, in their respective areas of competence.
CHAPTER V
DAS GENERAL PROVISIONS
Art. 38. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units, the assignments of their leaders, the decentralization of services and the areas of jurisdiction of the organs decentralized.
