PROVISIONAL MEASURE NO. 2.156-5, OF August 24, 2001

Creates the Northeast Development Agency-ADENE, extinguishes the Superintendence of Northeast Development-SUDENE, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

CHAPTER I

OF THE DEVELOPMENT OF THE NORTHEAST

Section I

Of The Plan of Development of the Northeast

Art. 1º The Northeast Development Plan will be multiannual and comply with the general guidelines of the regional development policy.

Art. 2º The Plan of Development of the Northeast covers the states of the Maranhão, Ceará, Piauí, Rio Grande do Norte, Paraíba, Pernambuco, Alagoas, Sergipe, Bahia, Espírito Santo and the regions and Municipalities of the State of Minas Gerais that treat the Leis n^os 1,348, of February 10, 1951, 6,218, of July 7, 1975, and 9,690, of July 15, 1998, as well as the Municipalities of Waters Formosa, Atalée, Bertópolis, Campanario, Carlos Chagas, Catuji, Crisolite, Franciscopolis, Frei Gaspar, Frontier of the Vales, Itaipé, Itambacuri, Ladainha, Maxacalis, Nanuque, New East of Mines, Green Gold of Mines, Pavão, Pescador, Poté, St. Helena de Minas, Serra dos Aimorés, Setubinha, Theophile Otôni and Umburatiba, belonging to the Mucuri Valley, beyond Santa Faith of Mines and St. Romain.

Section II

From the Northeast Development Fund

Art. 3º It is created the Northeast Development Fund, of an accounting nature, to be managed by the North-East Development Agency-ADENE, with the purpose of securing resources for the realization of investments in the Northeast, pursuant to this Interim Measure.

Single paragraph. The Executive Power will have on the application of the resources, noted that:

I-at least three percent will be earmarked for projects located in the State of the Holy Spirit; and

II-the application of parcel equivalent to ten per cent of the resources of which they treat § § 2º and 3º of the art. 4º will be conditional on the counterpart, of equal amount, of States and Municipalities.

Art. 4º Constitute resources of the Northeast Development Fund:

I-budget allocations to the account of resources of the National Treasury;

II-eventual results of financial applications of its resources;

III-product of the disposition of securities and dividends of shares to it linked; and

IV-other resources provided for in law.

§ 1º In the 2001 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 462,000,000.00 (four hundred and sixty-two million reais).

§ 2º In the 2002 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 660,000,000.00 (six hundred and sixty million reais).

§ 3º From 2003 and up to the exercise of 2013, the annual allocation of resources of the National Treasury to the North-East Development Fund shall be equivalent to the value of the endowment referred to in § 2º, updated by the accumulated change in net current revenue of the Union in the form of the Regulation.

§ 4º The financial availabilities of the Northeast Development Fund will be deposited in the National Treasury's Single Account.

Art. 5º Are deductible from the resourt of resources of which it treats the inciso I of the caput of the art. 4º, the plots equivalent to the tax incentive options, relating to the Statutory Person Income Tax, exercised by the companies, as well as any resource commitments arising from tax incentive options under the Fund of Investments of the Northeast-FINOR.

Single Paragraph. Noted the provisions of the caput, the financial resources of which they treat the § § 2º and 3º of the art. 4º will be repassed in full to the Northeast Development Fund in the form of monthly twelfth.

Art. 6º The Northeast Development Fund will have as agents operators the Bank of Northeast Brazil S.A. and other federal official financial institutions, to be defined in an act of the Executive Power, which will have, among others, the following competences:

I-scrutinize and attest to the regularity of the projects under their conduct; and

II-propose the release of financial resources for the projects authorized by ADENE.

Single paragraph. The Executive Power will have on the remuneration of the operator agent.

Art. 7º The participation of the Northeast Development Fund in the investment projects will be limited to one percent of the value of the total inversions forecasted for project deployment, as we dispose of the regulation.

Single paragraph. The participation referred to in the caput will be represented by convertible debentures in shares, whose exercise by ADENE is limited to fifty percent of the stake.

Section III

Of the Board Deliberative for the Development of the Northeast

Art. 8º The Deliberative Council of the Superintendency of North-East Development becomes the denominational Council Deliberative Council for the Development of the Northeast and will integrate the structure of the Ministry of National Integration.

Art. 9º To the Deliberative Council for the Development of the Northeast competes:

I-approve the Northeast Development Plan and the Plan of Multiannual Funding;

II-establish guidelines and priorities for the financing of regional development;

III-overseeing the implementation of the Northeast Development Plan and compliance of the guidelines referred to in the inciso II; and

IV-approve the management contract of the entity responsible for the implementation of the Northeast Development Plan.

Art. 10. The Deliberative Council for the Development of the Northeast will convene, ordinarily, once every semester, and, extraordinarily, in the form of the regulation.

Section IV

Of The Development Agency from the Northeast

Art. 11. The Northeast-ADENE Development Agency is created, of a municipal nature, linked to the Ministry of National Integration, with the aim of implementing policies and viabilizing Northeast development instruments.

§ 1º ADENE has headquarters and venue in the city of the Recife, State of Pernambuco.

§ 2º The ADENE acting area is the one defined in the art. 2º of this Provisional Measure.

Art. 12. ADENE will be directed in collegiate regime by a board composed of one Director-General and three Directors.

§ 1º The basic organization and competencies of the units will be established in an act of the Executive Power.

§ 2º Will integrate the structure of ADENE a Attorney General and an Auditoria-General.

Art. 13. The Director General and the remaining Directors will be appointed by the President of the Republic, being at least one of them chosen from among federal public servants.

§ 1º The Directors will be appointed after approval by the Senate Federal, under the terms of the "f" of the inciso III of the art. 52 of the Constitution.

§ 2º The regulation will have on the form of replacement of the Directors in their impediments.

Art. 14. It is prevented from exercising direction of ADENE the person who, in the twelve months prior to the date of his appointment, has held any of the following links with company that has project to it submitted or by it approved:

I-direct participation as a shareholder or partner, with an interest exceeding five percent of the social capital;

II-administrator, manager or member of board of directors or fiscal; or

III-employee, albeit with contract of suspended work.

Art. 15. They are competences of ADENE:

I-propose and coordinate the deployment of the North-East Development Plan, under supervision of the Ministry of National Integration;

II-manage the Development Fund of the Northeast;

III-approve projects to be implemented within the framework of the Northeast Development Fund;

IV-authorize contracting and release resources from the Northeast Development Fund, upon proposition of the operator agent;

V-audit and evaluate the results of the application of the resources of the Northeast Development Fund;

VI-implement studies and research aimed at the identification of socio-economic and environmental potentials and vulnerabilities and propose strategies and actions compatible with regional space;

VII-strengthen the productive structures of the region, from the mobilization of their potential;

VIII-promoting actions aimed at social development in the region;

IX-structuring and implementing information networks in support of productive activities;

X-promoting cooperation technical, technological and financial with national or international bodies, aimed at integration and regional development;

XI-elaboration feasibility studies of integration and regional development projects;

XII-implement managerial capacity-building programs, training and qualification of appropriate human resources to the regional market;

XIII-carry out territorial planning and management studies and evaluate impacts of integration and development actions in the region, especially from the environmental point of view; and

XIV-check the suitability of the projects to the regional development policy.

Art. 16. It is incumbent on the Colegified Directorate:

I-exercise the administration of ADENE;

II-edit standards on ADENE competency subjects;

III-approve the internal regiment of ADENE;

IV-comply with and enforce the guidelines and proposals approved by the Deliberative Council for the Development of the Northeast;

V-check the compatibility of the projects with the Development Plan of the Northeast and with the guidelines and priorities established by the Deliberative Council for the Development of the Northeast;

VI-approve and authorize the hiring of projects to be executed with resources from the Fund of Development of the Northeast;

VII-forward the ADENE budget proposal to the Ministry of National Integration;

VIII-forward the management reports and the accounting demonstratives of ADENE to the competent bodies;

IX-authorize the disclosure of reports on ADENE's activities;

X-decide for the sale, assignment or rental of ADENE's heritage integral goods;

XI -to notify and apply the sanctions provided for in the legislation; and

XII-know and judge requests for reconsideration of decisions by members of the Board.

§ 1º The Colegiada Board will meet with the presence of at least three Directors, among them the Director-General, and shall act by a simple majority of votes.

§ 2º Decisions related to the institutional competencies of ADENE will be taken by the Colegified Directorate.

Art. 17. It is incumbent upon the Director-General of ADENE:

I-to exercise its legal representation;

II-chair the meetings of the Colegiated Board;

III-comply and enforce the decisions of the Board Collegiate;

IV-decide, ad referendum of the Colegiada Directorate, the issues of urgency;

V-nominate and exonerate servers;

VI-probing the positions in committee and the functions of trust;

VII-decide, in the event of a tie, in the deliberations of the Colegiated Board;

VIII-admit employees and requisition and lay off employees and servers;

IX-approve editais of bidding and homologating adjudications;

X-forwarding to the Ministry of National Integration the proposed budget of ADENE;

XI-authorize the hiring of third party services, in the form of the legislation specific; and

XII-sign contracts, agreements and arrangements, order expenses, and practice the necessary management acts within reach of ADENE's goals.

Art. 18. They constitute revenues of ADENE:

I-budget allocations consigned to the General Budget of the Union;

II-transfer of the Northeast Development Fund, equivalent to two percent of the value of each release of resources, by way of remuneration for the management of that Fund; and

III-any other unspecified recipes in the incisos I and II.

Art. 19. The administration of ADENE will be governed by a management contract, signed by the Minister of State for National Integration and the Director-General, previously approved by the Deliberative Council for the Development of the Northeast.

Single paragraph. The management contract will establish the parameters for the internal administration of ADENE, and thus the indicators that allow to evaluate, objectively, their administrative performance and performance.

Art. 20. Unwarranted unfulfillment of the management contract may entail the exoneration of the Director-General, by the President of the Republic, upon request by the Minister of State for National Integration.

CHAPTER II

OF THE FINAL AND TRANSITIONAL PROVISIONS

Art. 21. It becomes extinct the Superintendency of the Development of Northeast-SUDENE.

§ 1º Observed the provisions of the arts. 9º and 15, the competences assigned by the legislation to SUDENE and its Deliberative Council shall be transferred to the Union.

§ 2º The Union shall succeed SUDENE in its rights and obligations.

§ 3º Stay transferred to the Union, through the Ministry of Planning, Budget and Management, the responsibility for the administration and payment of inactive and pensioners of SUDENE.

§ 4º The framework of servers, the posts in commission and the gratified functions of SUDENE stay transferred to the Ministry of Planning, Budget and Management.

§ 5º Compete to the Ministry of National Integration:

I-the analysis, the approval and the other arrangements relating to the provision of accounts arising from the congeniums or similar instruments firmed up by SUDENE;

II-the administration of the ongoing projects at SUDENE, relating to its Fund of Investment, and may cancel such projects, in the hypotheses provided for in the specific legislation;

III-the inventory and administration of the goods and rights of SUDENE; and

IV-the exercise of the remaining legal assignments of SUDENE and its Deliberative Council.

§ 6º In the cancellation hypothesis in the form of the inciso II of § 5º, it shall be recourse to the Minister of State for National Integration, of conformity with the provisions of the art. 59 of Law No. 9,784, of January 29, 1999.

Art. 22. The installation of ADENE and the beginning of the exercise of its competences will take place from the publication of its regimental structure in act of the President of the Republic.

Single paragraph. While not installed in ADENE, the Union shall exercise the powers set out in art. 15 of this Provisional Measure.

Art. 23. ADENE will be able to requisition, with an onus, servers and employees of organs and integral entities of the Federal Public Administration.

Single paragraph. During the first twenty-four months subsequent to its installation, ADENE will be able to supplement the remuneration of the requested server or public servant, up to the limit of the remuneration of the effective post or permanent employment occupied in the organ or in the entity of origin, when the requisition involves reduction of that remuneration.

Art. 24. The Advocate-General of the Union shall represent ADENE in the judicial proceedings in which it is party or interested, until the implantation of its Attorney General.

Art. 25. The Ministry of National Integration and Advocate General of the Union shall, within the maximum period of one hundred and twenty days, promote the lifting of the ongoing legal proceedings, where SUDENE figure as a party.

Art. 26. It shall be the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171 of January 5, 2001 on the SUDENE relating to the expenditure referred to in § 3º of the art. 21 of this Provisional Measure, as well as those concerning the payment of benefits to the corresponding servers and social charges, to the Ministry of Planning, Budget and Management, maintained the same budget classification, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995 of July 25, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 27. Is the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171 of 2001, consigned to SUDENE, for the Ministry of National Integration and for ADENE, maintained the same budget classification, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995, of 2000, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 28. While not dispose of technical qualification for economic-financial feasibility analysis of projects and risk assessment of borrowers, ADENE will firm up convenium or contract with federal entities holder of recognized experience in those material.

Single paragraph. Act of the Head of the Executive Power shall recognize, on the proposal of the Minister of State for National Integration, the qualification of ADENE for the exercise of the competence referred to in the caput.

Art. 29. The beneficiaries of approved and in-deployment projects, provided that the specific conditions of each Fund or funding line are met, will be able to opt for the systematic:

I-of investment from the Development Fund of the Northeast;

II-funding from the North-East Financing Constitutional Fund, observed the area of acting established in the inciso II of the art. 5º of Law No. 7,827 of September 27, 1989; or

III-other lines of funding to be held by federal financial institutions.

§ 1º The annual budget schedule of the Constitutional Fund of Funding from the Northeast will contemplate appropriations intended for the fulfillment of the option provided for in the inciso II of this article.

§ 2º The provisions of this article apply to the projects approved and in deployment within the framework of the Economic Recovery of the State of the Holy Spirit-FUNRES.

Art. 30. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.156-4, of July 27, 2001.

Art. 31. This Interim Measure shall come into force on the date of its publication.

Art. 32. They are revoked:

I-the art. 34 of Law No. 3,995 of December 14, 1961;

II-the arts. 19 a to 23 of Law No. 4,239 of June 27, 1963;

III-the arts. 17 a to 24 of Law No. 4,869, from 1º December 1965;

IV-the arts. 38 a to 43 of Law No. 5,508 of October 11, 1968;

V-the arts. 4º, 5º and 6º of the Decree-Law no 880, of September 18, 1969;

VI-the art. 1º of the Decree-Law No. 1,267 of April 12, 1973;

VII-the Decree-Law No. 1,345 of September 19, 1974;

VIII-the "a" and "g" of the single paragraph of the art. 1º, the point "a" of the inciso I and the inciso V of the art. 11 of the Decree-Law No. 1,376 of December 12, 1974;

IX-the Decree-Law No. 1,653, of December 27, 1978;

X-the arts. 1º and 3º of the Decree-Law No. 1,734 of December 20, 1979;

XI-o art. 1º of the Decree-Law No. 2,089 of December 27, 1983;

XII-the Decree-Law No. 2,250 of February 26, 1985;

XIII-the inciso III of the art. 12 of the Decree-Law No. 2,397 of December 21, 1987;

XIV-the Law No. 7,918 of December 7, 1989;

XV-a point "a" of the inciso IV of the art. 1º of Law No. 8,034 of April 12, 1990;

XVI-the inciso I of art. 1º of Law No. 8,167 of January 16, 1991;

XVII-o § 1º of the art. 2º of the Law no 9,532, of December 10, 1997; and

XVIII-o art. 18 of Law No. 4,239 of June 27, 1963, ressaved the right provided for in art. 9º of the Act No 8,167 of January 16, 1991 for persons who have already exercised it, by the end of the deadline provided for the deployment of their projects, provided that they are in a situation of regularity, met all the requirements set out and the timetables approved.

Brasilia, August 24, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Martus Tavares

Ramez Tebet