DECREE NO. 6,462, OF May 21, 2008.

Promulga the Agreement on Judicial Cooperation in Criminal Matters between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba, celebrated in Havana, on September 24, 2002.

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

Whereas the Government of the Federative Republic of the Brazil and the Government of the Republic of Cuba celebrated, in Havana, on September 24, 2002, an Agreement on Judicial Cooperation in Criminal Matters;

Whereas the National Congress has approved this Agreement through the Legislative Decree no 280, October 4, 2007;

DECRETA:

Art. 1st The Agreement on Judicial Cooperation in Criminal Matters between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba, celebrated in Havana, in 24 of september 2002, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of 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, May 21, 2008; 187º of Independence and 120º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 5/23/2008

JUDICIAL COOPERATION AGREEMENT IN CRIMINAL MATTERS BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF CUBA

The Government of the Federative Republic of Brazil

e

The Government of the Republic of Cuba

(henceforth named?),

Wishes to improve the efficiency of both countries in prevention, investigation / inquiry, criminal action and crime-fighting through mutual judicial cooperation in matter penal,

Wake up the following:

ARTICLE I

Reach of the Agreement

1.The Parties shall cooperate with each other by adopting all appropriate measures at their disposal in order to provide cooperation in criminal matters pursuant to this Agreement and within the limits of the provisions of the respective internal legal ordinances.

The said assistance will be aimed at prevention, research, enquiry and criminal action relating to the offence or any other acting in the criminal field that is derived from facts that are within the jurisdiction or jurisdiction of the Applicant Party at the time the cooperation is requested, and with respect to any related procedures of any another species pertaining to the criminal conducts mentioned.

2.This Agreement does not provide for the authorities of one of the Parties to, in the territorial jurisdiction of the other, to exercise or perform functions whose jurisdiction or jurisdiction are exclusively reserved to the authorities of the other Party, according to your national laws or regulations.

3.For the purposes of paragraph 1,? penal matter? means investigations / investigations and criminal actions relating to any offence typified by their respective legislations, included offences relating to customs unlawful and transfer of capital or international payments.

4.The assistance will include:

a) meeting of evidence and obtaining statements from people;

b) provision of information and documents from criminal records, banking, commercial, mercantile, telephone and other;

c) localization of people and objects, inclusive your identification;

d) search, seizure and hijacking of goods;

e) issuance of certificate or certified true copies necessary to the penal action;

f) practice of certain procedural acts in the form of interrogation;

g) put to the disposition persons arrested and others to witness or assist in the investigations;

h) notification about content of documents, including those requesting personal turnout;

i) carrying out expertise corresponding to the ongoing investigation;

j) restitution of goods products of offenses committed in the Applicant Party; and

k) other assistance in accordance with the objectives of this Agreement, provided that they are not incompatible with the legislation of the Redear Part.

ARTICLE II

Denegation or Addition of Co-operation

1.The cooperation will be denigrated if, as per the judgment of the Redear Party:

a) the execution of the application affect its sovereignty, security, public order or similar essential public interests, impair the safety of any person or is not reasonable for other reasons;

b) the execution of the application implies that the Redear Party exceeds the limits of its authority or contravenes the provisions legal victors, in which case the Central Authorities referred to in Article XII of this Agreement will hold consultations to identify the legal means that guarantee cooperation;

c) there is the possibility that the death penalty will be imposed or executed by virtue of the request for cooperation;

d) the offence is of a strictly military nature;

e) the offence is of political intakes or if the situation of the person being investigated or prosecuted can become aggravated for political reasons; or

f) The person in respect of which the measure is required been acquitted or there is served time in the territory of the Part Redear by the same facts mentioned in the application.

2.The application may be deferred by the Redear Part if the granting of the same in an immediate manner may interfere with ongoing investigation or procedure.

3.Before refusing, granting or postponing the requested assistance, the Redear Party will consider whether that may be heard subject to the conditions it deems necessary. If the Applicant Party accepts the assistance subject to these conditions, it should comply with them.

4.The Requested Party shall promptly inform the Applicant Party about the decision not to outwit, in whole or in part, a request for cooperation, or if its execution is postponed, and shall export the reasons for the said decision.

ARTICLE III

Dual Criminality

Requests for assistance may be refused if the alleged facts or omissions that gave rise to the solicitation do not constitute an offence provided for in the Party's legislation Required.

ARTICLE IV

Delivery of Bens for Use in Investigations or Procedures

1.When servicing an application for assistance, goods that are used in investigations or serve as evidence in procedures in the Part Applicant will be delivered to the said Party under the terms and conditions that the Redear Party estimates convenient.

2.The delivery of goods, in accordance with Paragraph 1, will not affect the rights of third parties in good faith.

ARTICLE V

Devolution of Bens

Any good, including original documents and others delivered in the service to a request, will be returned as soon as possible unless the Redear Part renouns the right to receive it back.

VI ARTICLE

Products from Delito

1.The Requested Party shall, upon request to this effect, make efforts to verify whether a proceeds of offence is located in its jurisdiction and shall notify the Applicant Party of the results of its enquenation. When proceeding with the solicitation, the Applicant Party shall inform the Redear Party on the grounds of its opinion that the aforementioned product is located in its jurisdiction.

2.When, in accordance with paragraph 1, crime products of whose existence there were evidence, the Party Applicant may ask the Redear Party to take the steps that are permitted by its legislation for hijacking and restitution of such products.

3.In the application of this Article, the rights of third parties in good faith will be resguarded.

ARTICLE VII

Attendance Of Witnesses, Experts and Experts in the Territory

of the Applicant Part

1.They will be able to formulate requests for assistance for witnesses, experts or experts to provide statements or assist in the ongoing investigations into the territory of the Applicant Party.

2.The Requested Party shall send to the Part Applicant certifying that it informs the measures that have been taken by virtue of the fulfillment of the said applications.

ARTICLE VIII

Declaration in Territory of the Redear Part

1.A person, whose declaration is required, shall be subpoenaed, in accordance with the legislation of each of the Parties, to present themselves and render statements or to deliver documents, files and objects linked to the ongoing process.

2.The Requested Party shall, upon request to this effect, inform the Applicant Party about the time and place of fulfillment of the request for assistance.

3.The Requesting Party will be able to request, at the time of taking the testimony of the persons by it specified, the presence of other persons interested directly in the matter. The Required Part can decide on respect.

ARTICLE IX

Availability of People Detained to Prestar Declaration or Auxiliary

in Investigations in the Territory of Part Applicant

1.A person in custody in the Redear Party may, at the request of the Applicant Party, be transferred provisionally to the latter to assist in the investigations or procedures, whenever the person accepts the said trasside and there are no reasons exceptional for the refusal of the application.

2.When, in accordance with the Redear Part legislation, it is necessary for the transferred person to be held in custody, the Applicant Party shall hold the said person in such condition and must return it after the fulfilment of the solicitation or in any previous moment stipulated by the Redear Part.

3.Where the sentence imposed expires or when the Redear Party informs the Applicant Party that it is no longer necessary to keep in custody the person transferred, that person shall be placed at liberty and treated as such in the Applicant Party, sensing him ensured the possibility of return to the territory of the Redear Party. Should the person not be a national or resident in the Redear Party, the Parties will be able to wake up their trasside to the country of nationality or habitual residence.

ARTICLE X

Salvo-Conducto

1.A witness, expert or expert, present in the Applicant Party in attendance to the solicitation of attendance, will not be prosecuted, detained, or subject to any other restriction of individual liberty by any act or omission prior to the departure from the territory of the Redear Party; neither will be obliged to render a statement in any other procedure other than the one referred to in the application.

2.The device referred to in the preceding paragraph shall cease to apply if, being at liberty to leave the Applicant Party, they do not do so within thirty (30) days after they have been officially notified that their presence is no longer necessary, or if, having departed, they have returned voluntarily.

3.A person who does not meet a request that requires their presence should not be submitted to the penalty or coercive measure, when the solicitation refers to the notification of a penalty.

ARTICLE XI

Order Contents

1.In all cases, the request for assistance will understand:

a) the name of the competent authority which will carry out the investigations or procedures referred to in the application and the authority that sent it;

b) the purpose by which it formulates the application, the nature of the requested assistance and the subject on which to versate the declaration;

c) when possible, the identity, nationality, and location of the person or persons who are subject to the investigation or procedure; and

d) a description of the alleged acts or omissions that constitute the offence and a statement on applicable law and relevant jurisdiction, save the cases of solicitations for notification for the science of document content.

2.Requests for assistance should include, ademais:

a) in the case of requests for notification of documents, the name and address of the person to be notified;

b) in the case of requests to take testimony from a person, the matter to be examined, including, when possible, a list of questions and details about the right you have to refuse to provide the testimony;

c) when it comes to the presentation of detained persons, the names of the agents under whose custody the referred persons will be during the trasside, the place to which they are to be trasched and the date of their return, as well as the identification of the institution to which they belong;

d) in the case of loan of proof elements, the person who will have custody of the said elements, the place to which they are to be moved and the date on which they are to be returned;

e) in the case of request for forensics, the type of expertise, the reasons of its realization, the identity and qualification of the experts or specialists;

f) details of any special measure that the Party Applicant wishes to perform and the reasons for this; and

g) any requirement of confidentiality.

3.For the fulfillment of the application, additional information should be provided if the Redear Part deems it necessary.

ARTICLE XII

Central authorities

1.For the purposes of this Agreement, they shall be designated as Central Authorities the Ministry of Justice of the Federative Republic of Brazil and the Ministry of Justice of the Republic of Cuba.

2.Requests for assistance will be able to be carried out on behalf of judicial authorities and other competent authorities responsible for the investigation or prosecution in criminal matters. Applications and responses will be formulated through the Central Authorities.

ARTICLE XIII

Execution of the Orders

1.Requests for assistance shall be implemented expeditifully as per the legislation of the Redear Party and, provided that it is not vetted by that legislation, in the manner requested by the Applicant Party.

2.Se the Applicant Party wishes that all witnesses or experts provide testimony under oath or promise of tell the truth, it should indicate it expressly in the application.

3.Unless expressly required by original documents, the delivery of certified copies of the said documents will be sufficient to meet the request.

ARTICLE XIV

Restrictions on the Use of Information or Proofs

1.The Requesting Party shall not use the information or evidence obtained under this Agreement for purposes other than those constants of the application, without the prior consent of the Central Authority of the Redear Party.

2.Where necessary, the Redear Party may request that the information or evidence provided remain confidential, in accordance with the conditions by it specified. If the requesting Party is unable to comply with the aforementioned conditions, the Central Authorities shall consult with each other to determine mutually agreed conditions of confidentiality.

3.The use of any information or evidence obtained within the framework of this Agreement, disclosed in the Applicant Party within a proceeding arising from the investigations or representations described in the application, will not be subject to the restrictions referred to in paragraph 1.

ARTICLE XV

Legalization

The evidence or documents transmitted via the Central Authorities within this Agreement do not require consular legalization.

ARTICLE XVI

Languages

The requests and the accompanying documents will be presented in the official languages of both Parts.

XVII article

Compatibility with Other Treaties

The present Agreement will not derogate from the obligations that subsist between the Parties derived from other treaties, nor will it prevent them from continuing to grant mutual assistance in the framework of international instruments.

ARTICLE XVIII

Custos

1.The Requested Party will shoulder the cost of complying with the request for assistance, while the Applicant Party is expected to shoulder:

a) with the expenses associated with the trasside of any person with a destination and with origin in the Applicant Party, on the grounds of their solicitation and any cost or expense arched by this person while finding themselves in the territory of the said Party;

b) the expenses and fees of experts, whether in the Redear Part or in the Applicant Party.

2.In case it is evidenced that the fulfillment of the application requires expenses of an extraordinary nature, the Parties shall consult each other to determine the terms and conditions under which the requested assistance may be provided.

ARTICLE XIX

Consultations

The Parties to consult promptly, at the request of any of them, on the interpretation and compliance of this Agreement.

XX ARTICLE

Input in force and Denpronunciation

1.This Agreement shall enter into force 30 (thirty) days after the last notification between the Parties, by diplomatic means, confirming compliance with their respective internal requirements.

2.This Agreement shall apply to any solicitation submitted after its entry into force, including if the relevant acts or omissions have occurred prior to that date.

3.Each Party shall be able to denounce this Agreement by notification, in writing, through the diplomatic channels, in any time. The duration of this Agreement shall cease in one hundred and eighty (180) days of the date of the receipt of the said notification.

In faith of what, the undersigned sign the present Agreement.

Made in Havana, on September 24, 2002, in two original exemplars, in the Portuguese and Spanish languages, being both texts being equally authentic.

_________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

CELSO LAFER

Minister of State for Foreign Relations

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

DE CUBA

FELIPE PÉREZ ROQUE

Minister of Foreign Affairs