DECREE No. 3,810, May 2, 2001

Promulgates the Judicial Assistance Agreement in Criminal Matters between the Government of the Federative Republic of Brazil and the Government of the United States of America, celebrated in Brasilia, on October 14, 1997, corrected in its version in Portuguese, by exchange of Notes, on February 15, 2001.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso VIII, of the Constitution,

Whereas the Government of the Federative Republic of Brazil and the Government of the United States of America concluded, in Brasilia, on October 14, 1997, an Agreement on Judicial Assistance in Criminal Matter;

Whereas the National Congress has approved this Agreement through Legislative Decree No. 262 of December 18, 2000;

Whereas the text in Portuguese of the Agreement was corrected, by exchange of Notes, on February 15, 2001, to suit? if the provisions of the art. 1 ° of the aforementioned Legislative Decree;

Considering that the Agreement entered into force on February 21, 2001, pursuant to paragraph 2, of its Article 20,

DECRETA:

Art. 1º The Judicial Assistance Agreement in Criminal Matters between the Government of the Federative Republic of Brazil and the Governorate of the United States of America, concluded in Brasilia, on October 14, 1997, and corrected by exchange of Notes on February 15, 2001, apensed by copy to the present Decree, it will be executed and fulfilled as entirely as it contains.

Art. 2 ° Are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any supplementary adjustments which, in the terms of art. 49, inciso I, of the Federal Constitution, carries gravy charges or commitments to the national heritage.

Art. 3º This Decree takes effect on the date of its publication.

Brasilia, May 2 of 2001; 180 ° of the independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Agreement on Judicial Assistance in Criminal Matters between the Government of the Federative Republic of Brazil and the Government of the United States of America

The Government of the Federative Republic of Brazil

and

The Government of the United States of America,

Wishful to facilitate the execution of the tasks of the authorities responsible for compliance with the law of both countries, in the investigation, enquiry, criminal action and prevention of crime through cooperation and mutual legal assistance in criminal matters,

Wake up the following:

Article I

Reach of the Assistance

1 The Parties obligate to rush mutual assistance, pursuant to this Agreement, in respect of research, inquiry, criminal action, prevention of crimes and prosecutions relating to offences of a criminal nature.

2 A assistance will include:

a) taken from affidavits or statements of persons;

b) provision of documents, records and goods;

c) location or identification of persons (physical or legal) or goods;

d) delivery of documents;

e) transfer of persons in custody to render testimony or other purposes;

f) execution of search and seizure requests;

g) assistance in procedures related to immobilization and forfeiture of goods, restitution, collection of fines; and

h) any other form of assistance not prohibited by the laws of the Redear State.

3. Assistance will be provided yet that the fact subject to investigation, inquiry or criminal action is not punishable in the legislation of both states.

4. The Parties recognize the special importance of combating serious criminal activities, including money laundering and illicit trafficking of firearms, ammunition and explosives. Without limiting the scope of the assistance provided for in this Article, the Parties shall provide

mutual assistance on these activities, pursuant to this Agreement.

5. The present Agreement is intended? if so? only mutual legal assistance between the Parties. Your devices will not give right to any individual to obtain, suppress or delete any evidence or prevent a solicitation from being met.

Article II

Central authorities

1. Each Party shall designate a Central Authority to send and receive solicitations in observance of this Agreement.

2. For the Federative Republic of Brazil, the Central Authority will be the Ministry of Justice. In the case of the United States of America, will the Central Authority be the Prosecutor?General or person by it assigned

3. The Central Authorities shall communicate directly to the purposes stipulated in this Agreement.

Article III

Restritions to Assistance

1. The Central Authority of the State Redear will be able to deny assistance if:

a) the solicitation to refer to? if the offence provided for in military legislation, without however constituting a crime common;

b) the call for solicitation to harm the security or similar essential interests of the Redear State; or

c) the request is not made of compliance with the Agreement.

2. Before denying assistance on the basis of the provisions of this Article, the Central Authority of the State Redear should consult with the Central Authority of the State Applicant to assess sé the assistance may be provided under the conditions considered necessary. Should the State Applicant accept such conditional assistance, such conditions should be complied with.

3: Should the Central Authority of the State Redeer deny assistance, it should inform the Central State Authority Applicant of the reasons for this denigration.

Article IV

Forms and Contents of Requests

1. The request for assistance should be made in writing, unless the State Central Authority of the State Redear acate solicitation in another form, in urgent situations. In such a case, if the solicitation has not been made in writing, it should be the same confirmed, in writing, within thirty days, unless the Central Authority of the State Redear agrees that it is done otherwise. The request will be drawn up in the language of the Redear State, if there is no provision to the contrary.

2. The solicitation should contain the following information:

a) the name of the authority conducting the investigation, the investigation, the criminal action or the procedure relating to the solicitation;

b) description of the matter, and of the nature of research, enquiry, criminal action or procedure, including, as far as it is possible to determine? lo, the specific offence in question;.

c) description of the proof, information, or other assistance intended; and

d) declaration of the purpose for which the proof, information or other assistance is required.

3. Where necessary and possible, the solicitation should also contain:

a) information on the Identity and the location of any person (physical or legal) of whom it seeks to urn proof;

b) information about the identity and location of a person (physical or legal) to be subpoenaed, their involvement with the process and the form of a cableable subpoena;

c) information about a person's identity and location (physical or legal) to be found;

d) accurate description of the place or person to be searched and of the goods to be seized;

e) description of the form under which any statement or statement should be taken and registered;

f) list of the questions to be asked to the witness;

g) description of any special procedure to be followed in the fulfilment of the solicitation;

h) information how much to the cost aid and the ressaration of expenses to which the person is entitled when summoned to appear before the State Applicant; and

i) any other information that can be brought to the knowledge of the Redear State, to facilitate the fulfillment of the solicitation.

Article V

Fulfillment of the Requests

1. The Central Authority of the State Redear will immediately heed the solicitation or transmit it, when timely, to the authority that has jurisdiction to do so? lo. The competent authorities of the Redear State shall make every effort to meet the solicitation. The justice of the Redear State is expected to issue subpoenas, search warrants and seizure or other orders necessary for the fulfilment of the solicitation.

2. The Central Authority of the Redear State shall arrange for all that is necessary and shall bear the expenses of representing the State Applicant in the Redear State, in any procedures arising from a request for assistance, in the terms of this Agreement.

3. The solicitations will be executed in accordance with the laws of the Redear State, unless the terms of this Agreement have otherwise. The method of execution specified in the solicitation shall, however, be followed, except in respect of the prohibitions laid down in the laws of the Redear State.

4. Should the Central Authority of the State Redear conclude that the fulfilment of a solicitation interfered in the course of an investigation, inquiry, criminal action or ongoing procedure in that State, it may determine that it should be postponed service to the solicitation, or opt to attend? la under the necessary conditions required after consultation with the Central Authority of the State Applicant. Should the State Applicant accept such conditional assistance, it shall be required to refile the conditions stipulated.

5. When requested by the Central Authority of the State Applicant, the Redear State shall engage to the fullest in the sense of maintaining the confidential character of the solicitation and given content. If the solicitation cannot be met without the breach of this confidentiality, the Central Authority of the Est ado Applicant, who then will decide whether or not yet to be executed the solicitation.

6. The Central Authority of the State Redear will respond to reasonable damages carried out by the Central Authority of the State Applicant with respect to the progress of a requested assistance.

7. The Central Authority of the Redear State shall immediately inform the Central Authority of the State Applicant about the outcome of the call for the solicitation. Should the solicitation be denied, delayed or postponed, the Central Authority of the State Redear shall inform the Central Authority of the State Applicant of the reasons for denigration, delay or adjournment.

Article VI

Costs

The Redear State will argo with all costs related to the fulfillment of the request, with exception of the fees owed to the expert, the expenses of translation, interpretation and transcription, as well as cost and expense aids resulting from the transportation of persons, in accordance with Articles X and XI, in which costs, fees, cost aids and expenses will be to the applicant State.

Article VII

Restrictions on Usage

1. The Central Authority of the State Redear may request that the State Applicant cease to use any information or evidence obtained by virtue of this Agreement in investigation, inquiry, criminal action or procedures other than those described in the solicitation without the prior consent of the Central Authority of the State Redear. In such cases, the State Applicant shall comply with the conditions laid down.

2. The Central Authority of the Redear State may require that the information or evidence produced by virtue of this Agreement be kept confidential or used only under the terms and conditions by it specified. Should the State Applicant accept the information or evidence subject to such conditions, it shall comply with such conditions.

3. None of the devices contained in this Article will constitute impediment to the use or provision of the information to the extent that there is a constitutional obligation in that sense of the State Applicant, in the context of criminal action. The Requesting State must notify the Redear State beforehand of any proposal to provide such information.

4. Information or evidence that has been made public in the State Applicant, pursuant to paragraph 1 or 2, may, from hereafter, be used for any purpose.

Article VIII

Proposition or Proof Production in the Redear State

1. A person in the Redear State subpoenaed to depose or to present proof, pursuant to this Agreement, shall be obliged, where necessary, to present himself and to testify or exhibit documents, records and goods.

2. Upon request, the Central Authority of the State Redear will anticipate information on the date and place of the taking of testimony or production of proof, in accordance with the provisions of this Article.

3. The Requested State will allow for the presence of persons indicated on the solicitation, in the course of the call for solicitation, and will allow these persons to present questions to be asked to the person who will give testimony or present proof.

4. Should the person mentioned in paragraph 1 random condition of immunity, disability, or privilege provided for in the laws of the State Applicant, the testimony or evidence should, notwithstanding, be taken, and the claim brought to the notice of the Central Authority of the State Applicant, for the decision of the authorities of that State.

5. The evidence produced in the Redear State as per this Article or which is subject to testimony taken in accordance with this Article may be authenticated by means of attestative, including, in the case of commercial records, authentication as per the Form. The annex to this Agreement. Documents authenticated by Form A will be admissible as evidence in the Applicant State.

Article IX

Official Records

1. The Requested State shall provide the State Applicant with copies of the available official records, including documents or information of any nature, that are in possession of the authorities of the Redear State.

2. The Requested State may provide, even if not available to the public, copies of any records, including documents or information that are under the guard of authorities in that State, to the same extent and under the same conditions in which would be available to their own police, judicial or public prosecutor authorities. The Requested State may, at its sole discretion, deny, in whole or in part, a solicitation based on this paragraph.

3. The official records produced by virtue of this Article may be authenticated by the official responsible through Form B annexed to this Agreement. No other authentication will be required. The documents authenticated as per the provisions of this paragraph shall be admissible as evidence in the requesting State.

Article X

Depoement in the Applicant state

1. When the State Applicant requests the turnout of a person in that State, the Redear State shall invite this person to appear before the competent authority in the requesting State. The Applicant State shall determine the amount of the expenses to be covered. The Central Authority of the Redear State shall immediately inform the Central Authority of the State Applicant of the person's response.

2. The Central Authority of the State Applicant may, at its discretion, be able to determine that the person invited to appear before the State Applicant, in accordance with the establishment in this Article, is not subject to subpoena, detention or any restriction of personal freedom, resulting from any acts or convictions prior to their departure from the Redear State. The Central Authority of the State Applicant shall immediately inform the Central Authority of the State Redear if such safe-conduction shall be extended.

3. The Savings-conduit provided on the basis of this Article shall lose validity seven days after the notification, by the Central Authority of the State Applicant to the Central Authority of the State Redear, that the presence of the person is no longer necessary, or when the person, already having left the State Applicant, to him voluntarily return.

The Central Authority of the State Applicant will be able, at its discretion, to extend that period for up to fifteen days.

Article XI

Trasside of People under Custody

1. A person in the custody of the Redear State, whose presence in the State Applicant is requested for assistance purposes, pursuant to this Agreement, shall be trasched from the State Required to the State Applicant for that purpose, should the person conspicuous, and if the Central Authorities of both states also agree.

2. A person in the custody of the State Applicant, whose presence in the Redear State is requested for assistance purposes pursuant to this Agreement, may be trastered from the State Applicant to the Redear State, should the person conspicuous, and if the Central Authorities of both states also agree.

3. For the purposes of this Article:

a) the receiving State shall have the competence and obligation to keep the person trasladed in custody, unless otherwise authorized by the sender State;

b) the receiving state will return the person trasladed to the custody of the state sender so soon the circumstances so allow, or as otherwise agreed upon agreed between the Central Authorities of both States;

c) the receiving state will not require the State to sender the opening of extradition proceedings for the return of the person trasladed; and

d) the time when the person is held in custody in the receiving state will be computed in the fulfilment of the sentence to it imposed in the sender state.

Article XII

Location or Identification of People or Bens

The Redear State will commit itself to the maximum in the sense of needing the location or identity of persons (physical or legal) or goods discriminated against in the solicitation.

Article XIII

Delivery of Documents

1. The Requested State shall endeavor to the fullest, to arrange for the delivery of documents relating, in whole or in part, to any solicitation of assistance by the State Applicant, of compliance with the devices of this Agreement.

2. Any document requesting the attendance of a person before the authority of the State Applicant shall be issued with due notice in advance with respect to the expected date of turnout.

3. The Requested State should present the voucher of the delivery of the documents in the form specified in the solicitation.

Article XIV

Busca and Seizure

1. The State Required shall carry out the warrant for the search, seizure and delivery of any good to the State Applicant, provided that the request contains information justifying such action, under the laws of the Redear State.

2. Upon application, any authority that has in its custody seized property shall authenticate, by means of Form C, annex to this agreement, the continuation of custody, the identification of the goods and the integrity of those. No other type of authentication will be required. The Form C will be admissible as evidence in the applicant state.

3. The Central Authority of the State Redear may require the State Applicant to accept judged terms and conditions necessary for the protection of interests of third parties when of the transfer of a good.

Article XV

Returns of Bens

The Central Authority of the Requested State may request the Central Authority of the State Applicant to return, with the urgency possible, of any documents, records or goods, to it delivered on the grounds of the fulfillment of the object of this Agreement.

Article XVI

Assistance in Bens Loss Processes

1. Should the Central Authority of one of the Parties take notice of the existence of products or instruments of crime located in the territory of the other Party and liable for forfeiture or seizure under the laws of that Party, it may inform the Central Authority of the other Party regarding that circumstance. If it is Party to have jurisdiction over the matter, you may pass that information on to your authorities so that you assess the most appropriate provision to be taken. These authorities will base their decision on the laws of their respective countries and will be tasked with their Central Authority to inform the other Party as to the providence taken.

2. The Parties shall provide mutual assistance to the extent permitted by their respective laws regulating the procedure for cases of seizure of products and instruments of crime, of restitution to victims of crime, and of collection of fines imposed for criminal sentences. Includes? if among the actions provided for in this paragraph the temporary freezing of these products or instruments of crime, pending trial of another proceeding.

3. The Party that has custody of the products or instruments of crime of them shall have in accordance with its law. Any Party may transfer these goods, in whole or in part, or the product of its sale to the other Party, in accordance with the law of the Party that it transfers and in the terms that it judges appropriate.

Article XVII

Compatibility with Other Agreements

The terms of assistance and too much procedures contained in this Agreement will not constitute an impediment to which one Party provides assistance to the other on the basis of devices from other applicable international agreements, or compliance with its national laws. The Parties may also provide? if assistance in the terms of any agreement, adjustment, or other bilateral practicable practicable.

Article XVIII

Consultations

The Central Authorities of the Parties will hold consultations, at mutually agreed time intervals, in the sense of promoting the most effective use of this Agreement. The Central Authorities may also establish agreement as to practical measures that become necessary with a view to facilitating the implementation of this Agreement.

Article XIX

Application

This Agreement will be applied to any solicitation presented after the date of its entry into force, albeit the acts or omissions that constitute the offence have occurred before, from that date.

Article XX.

Ratification, Duration and Denpronunciation

1. This Agreement shall be subject to ratification and its instruments of ratification shall be exchanged as briefly as possible.

2. This Agreement shall enter into force on the date of the exchange of the instruments of ratification.

3. The Parties may modify the present Agreement by mutual consent and such amendments shall enter into force by way of exchange of notes, in writing, between the Parties, through the diplomatic channels, informing that the internal formalities for its entry into force have been completed.

4. Each Party shall be able to denounce this Agreement by means of notification, in writing, through the diplomatic channels, to the other Party. The complaint shall produce effect 6 (six) months of the date of the notification.

In faith of what, those below? signed, duly authorized by their respective Governments, have signed the present Agreement.

Made in Brasilia, on October 14, 1997, in two original exempts in the languages, Portuguese and English, being both texts being equally authentic.

By the Government of the Republic

Federative of Brazil

By the Government of the United States of America

LUIZ FELIPE LAMPREIA

Minister of State from

Foreign relations

MADELEINE ALBRIGHT

Secretary of State

Form A

(Referring to Article VIII)

Certificate of Authenticity of Commercial Records

I, _________________________________________________ (name), atesto, subject to the penalties of the law for false testimony or false forensics, be employed by the ________________________________ (name of the company from which to request the documents) in the official post of _____________________________________________.

I further declare that each of the attached documents is original or copy of original documents in the custody of __________________________________________________________ (name of the company from which to request the documents).

I declare, yet, that:

a) such records were made at the time or near by the time when have occurred the facts described by (or originating in the information provided by) someone with knowledge of these facts;

b) these records were kept in the course of a commercial activity on a regular basis exercised;

c) these records represent a routine imposed by the exercise of commercial activity; and

d) the record in question is original or a copy of the original.

_______________________________________________________________________________

Signature Date

Jurorted or affirmed before me, _____________________________________________________________________________________

(name), _____________________________________________ (Tabelion, Judge, employee of the Power, judiciary, etc. ), to the _____ days of the month of ______________of 19 __ _.

QForm B

(Referent to the Article IX)

Certificate of Authenticity of Foreign Public Documents

I, _________________________________________________________ (name) atesto, under the penalties of the law by false testimony or false forensics, that my post in the Government of the ________________________________________ (country) is _________________________________

(official title) and that in this post I am authorized by the law of the ______________________________ (country) to attest that the documents attached and below are legitimate and authentic copies of the original official records, transcribed or archived in ______________________________________ (name .of the organ government or public entity), which is a governmental body or public entity of the __________________________________________________________________________ (country).

Discrimination of the Documents:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ class = MsoNormal align=center style= 'text-align:center' >Signature

________________________________________

Title

________________________________________

Date

Form C

(Referent to Article XIV)

Certificate of Seizure from Bens

I, ___________________________________ (name), atesto, under the penalties of the law testimony or false forensics, that my post in the Government of the ____________________________________________________ (country) is __________________________________________ (official title). I received the goods below decriminated from ______________________________ (person name), in _________________________ (date), in ____________________________ (local), under the following conditions:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Description of the good:

__________________________________________________________________________

Changes in the conditions, while under my custodian:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Chanc class = MsoNormal align=center style = 'text-align:center' >___________________________________________________________________________

Signature

___________________________________________________________________________________

Title

____________________________________________________________________________________

Date