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Decree No. 5815, Of 26 June 2006

Original Language Title: Decreto nº 5.815, de 26 de Junho de 2006

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DECREE NO. 5,815, OF June 26, 2006.

Promulga the Agreement on Mutual Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Colombia for the Combat to Traffic of Aircraft Involved with Illicit Activities Transnational, celebrated in Cartagena of Indias, on November 7, 1997.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution; and

Considering that the Government of the Republic Federative of Brazil and the Government of the Republic of Colombia celebrated in Cartagena of Indias on November 7, 1997, a Mutual Cooperation Agreement for the Combat to Combat Aircraft Traffic with Transnational Illicit Activities;

Whereas the National Congress passed this Agreement through the Legislative Decree no 51, of August 5, 1999;

Whereas the Agreement entered into international force on March 22, 2006, pursuant to paragraph 1 of its Article VII;

DECRETA:

Art. 1st The Agreement on Mutual Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Colombia for the Combat to Traffic of Aircraft Involved with Transnational Illicit Activities, celebrated in Cartagena of Indies, on November 7, 1997, apensed by copy to the present Decree, will be executed and fulfilled so entirely as in it it contains.

Art. 2nd Are subject to the approval of the National Congress any acts that may result in a review of the said Agreement or that, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, June 26, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimaraes Neto

This text does not replace the one published in the D.O.U. of 6/27/2006.

AGREEMENT OF MUTUAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA TO THE COMBAT TRAFFIC OF AIRCRAFT INVOLVED WITH TRANSNATIONAL ILLICIT ACTIVITIES

The Government of the Federative Republic of Brazil

e

The Government of the Republic of Colombia

(henceforth named?Parts?),

Convinced that the traffic of aircraft allegedly involved with transnational illicit activities, notably the smuggling of weapons and ammunition and the narcotrafficking, constitutes a problem that affects the communities of both countries;

Recognizing that the confronting of this problem should operate through concerted and harmonic activities;

Interested in developing the mutual collaboration in this sense,

Wake up the following:

ARTICLE I

1. The Parties undertake to make joint efforts to curb the traffic of aircraft allegedly involved with transnational illicit activities, adjoining or evolving in the respective national air spaces. The Parties will exchange the relevant information for the above goal, with a view to increasing the effectiveness and broadening the scope of bilateral cooperation. Such cooperation, which shall be governed by this Agreement, will be able to understand the following activities by both signatory governments:

a) exchange of strategic character informations-operational;

b) specialized technical or operational training;

c) supply of human equipment and resources to be employed in specific programs in the above-mentioned area; and

d) mutual technical assistance.

2.Os material, financial, and human resources required to run specific programs by virtue of this Agreement shall, where relevant and in each case, be defined by the Parties by means of Supplemental Adjustments.

ARTICLE II

1.De Agreement with the respective internal legislations, the Parties shall take the appropriate measures for:

a) control the traffic of aircraft evolving in the respective national air spaces; and

b) intensify the exchange of information and experiences related to the combat aircraft involved with transnational illicit activities, in particular the narcotrafficking.

2.As Parties will interchange the relevant information for the above goals with a view to increasing the effectiveness of bilateral cooperation.

ARTICLE III

1.As Air Forces of the Parties shall establish work programmes covering periods of two years, with a view to implementing this Agreement. These work programs will contemplate goals, specific measurable goals and a timeframe for execution of activities, when it is the case.

2.Os import tributes or fees to which they may be subject to the materials and equipment provided under this Agreement and as a result of their execution will be of sole responsibility of the Recipiendary Government, which will take the appropriate measures for its release.

ARTICLE IV

THE Brazilian government designates, as the coordinator of its participation, in the execution of the present Agreement the Largest State of the Aeronautics and the Government of the Republic of Colombia designates, as the coordinator of its participation, the Major State of the Air Force of the Colombia.

ARTICLE V

With a view to achieving the objectives of this Agreement and at the request of one of the Parties, representatives of the Parties meet periodically to:

a) evaluate the effectiveness of action programs;

b) recommend to the respective Governments annual programmes with specific objectives, to be developed in the framework of this Agreement and to be implemented by bilateral cooperation;

c) examine any questions regarding the implementation of this Agreement; and

d) to present to their respective Governments the recommendations considered to be relevant for the best implementation of this Agreement.

ARTICLE VI

All activities arising from this Agreement will be developed in compliance with the laws and regulations in force of each of the Parties.

ARTICLE VII

1.Cada one of the Parties shall notify the other of the completion of the formalities required by the respective domestic legislation for the Agreement to enter into force. This Agreement will enter into force on the date of receipt of the last of these notifications.

2.O this Agreement shall remain in force by an unlimited period unless one of the Parties denouncing it, by diplomatic means. The complaint will take effect 90 (ninety) days after the date of the respective notification. The denunciation of this Agreement shall not affect the validity of any previously established programs to the complaint of which they have continued to perform until their termination.

Made in Cartagena de Indias, on November 7, 1997, in two original copies, in the Portuguese languages and spanish, being both texts being equally authentic.

By the Government of the Federative Republic of Brazil

SEBASTIAN DO REGO BARROS

Minister of State for Foreign Relations,

interim

By Government of the Republic of Colombia

ALMABEACTRESS RENGIFO LÓPEZ

Minister of Justice