Key Benefits:
PROVISIONAL MEASURE NO. 541, OF August 2, 2011.
Dislays on the Export Funding Fund, changes the Leis nos 12,096, of November 24 of 2009, 11,529, of October 22, 2007, 10,683, of May 28, 2003, 5,966, of December 11, 1973, and 9,933, of December 20, 1999, and gives other providences.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that it confers the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:
Art. 1º Stay the Union authorized to participate, on the global limit of up to R$ 1,000,000,000.00 (one billion reais), in the Export Financing Fund-FFEX, for the formation of its heritage.
§ 1o The FFEX will have private nature and heritage separate from the heritage of the cotists, with rights and obligations of their own.
§ 2o The FFEX's heritage will be formed by the resources coming from the integralization of quotas by the Union and the remaining cotists, as well as the income earned with its administration.
§ 3o The integralization of quotas by the Union will be defined by decree and may be carried out, at the discretion of the Minister of State for Finance:
I-in current currency;
II-in public securities;
III-by means of its minority stakes; or
IV-through shares of federal mixed-economy societies surplus to the necessary for maintenance of their triggering control.
§ 4o FFEX will respond for its obligations with the goods and rights integral of his estate, not responding to the cotists for any obligation of the Fund, save by the integralization of the quotas they have subscribed to.
§ 5o FFEX will not count on any kind of warranty or guarantee on the part of the Public Power and will respond by your obligations to the limit of the goods and rights that are integral to your estate.
Art. 2º The FFEX will be set up, administered, managed and represented judicial and extrajudicially by financial institution controlled, directly or indirectly, by the Union, observed the provisions of the inciso XXII of the art caput. 4th of Law no 4,595, December 31, 1964, and the guidelines and norms of the Council of Ministers of the Chamber of Foreign Trade.
§ 1o The representation of the Union in the cotists ' assembly will occur in the form of the inciso V of the caput of the art. 10 of the Decree-Law no 147, of February 3, 1967.
§ 2o Caberá to the financial institution of which treats the caput to deliberate on the management and disposal of FFEX's assets and rights, caretaking for the maintenance of its profitability and liquidity.
§ 3o The financial institution referred to in the caput will make jus a remuneration for the administration of FFEX, to be established in its statute.
Art. 3o FFEX will aim to provide financing for exports of Brazilian goods and services, and may paced conditions accepted by international practice, according to the Export Financing Program-PROEX.
Single paragraph. Companies looking for funding at the FFEX must provide collateral or credit insurance.
Art. 4o In the extinction hypothesis of FFEX, your estate will be distributed to the Union and to the remaining cotists, in the proportion of your holdings.
Art. 5o The income earned by the FFEX portfolio does not subject to the incidence of income tax withheld at the source, and they should integrate the basis of calculating taxes and contributions owed by the legal person, in the form of the legislation beholden, when there is the ransom of quotas, total or partial, or the dissolution of the Fund.
Art. 6o Caberá to the Exports Financing and Guarantee Committee-COFIG guide the Union's acting in the FFEX cotists assemblies, according to Decree no 4,993 of February 18, 2004.
§ 1o The status and regiment of the FFEX should be examined by the COFIG and submitted to the Council of Ministers of the Chamber of Foreign Trade, prior to its approval in the cotists assembly.
§ 2o The statute of FFEX will define the investment guidelines, criteria and levels of profitability and risk, operational issues of administrative and financial management, and rules of prudential supervision of FFEX.
Art. 7o The art. 1o of Law no 12,096, of November 24, 2009, goes on to invigorate with the following essay:
" Art. 1o Stay the Union authorized to grant economic grant, under the modality of equalization of interest rates, in the financing operations contracted until December 31, 2012:
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§ 1o The total value of financing subsidized by the Union is limited to the amount of up to R$ 209,000,000,000.00 (two hundred and nine billion reais).
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§ 6 ° The National Monetary Council shall establish the distribution between BNDES and FINEP of the financing limit Subsidised that it treats § 1 °, and will define the groups of beneficiaries and the necessary conditions for the contracting of the financing, by having the Ministry of Finance the regulation of the remaining conditions for the granting of the economic grant of which treats this article, among them, the definition of the methodology for the payment of the equalization of interest rates.
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Art. 8o The arts. 25, 27 and 29 of Law No. 10,683, of May 28, 2003, pass to invigorate with the following changes:
" Art. 25. ........................................................................
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IV-from Science, Technology and Innovation;
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" Art. 27. ....................................................................
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IV-Ministry of Science, Technology, and Innovation:
a) national science and technology research policies and of incentive for innovation;
b) planning, coordination, supervision and control of science, technology and innovation activities;
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h) articulation with the state governments, of the Federal and Municipal District, with civil society and with other organs of the Federal government in the establishment of guidelines for national science, technology, and innovation policies;
V-..................................... ????..
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" Art. 29. ................... ??? .......................................
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IV-from the Ministry of Science, Technology and Innovation, the National Council of Science and Technology, the National Council of Informatics and Automation, the Coordinating Committee for Meteorology, Climatology and Hydrology Activities, the National Institute of Space Research, the National Institute of Amazonian Research, the National Institute of Technology, the Institute Brazilian of Information in Science and Technology, the National Institute of Semi-Árido, the Center for Information Technology Renato Archer, the Brazilian Center for Physical Research, the Mineral Technology Center, the National Laboratory of Astrophysics, the National Laboratory of Scientific Computing, the Museum of Astronomy and Related Sciences, the Paraense Museum Emílio Goeldi, the National Observatory, the National Technical Committee on Biosafetics, the National Council for Animal Experimentation Control, the National Centre for Monitoring and Alerts of Natural Disasters and up to four Secretaries.
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Art. 9o The inciso I do art. 2o of Law no 11,529, of October 22, 2007, goes on to invigorate with the following essay:
" I-to companies of the ornamental stone sectors, wood beneficiation, leather beneficiation, footwear, and artifacts of leather, textile, of confection, inclusive line home, wooden furniture, fruits- in natura and processed, ceramics, software and provision of information technology services, auto parts and capital goods, except vehicles automotors for transport of cargoes and passengers, vessels, aircraft, railcars and railway locomotives and metrology, tractors, harvesters and road machines; and " (NR)
Art. 10. The National Institute of Metrology, Normalization and Industrial Quality, created by the Law no 5,966, of December 11, 1973, goes on to be named National Institute of Metrology, Quality and Technology-INMETRO.
Art. 11. The caput of the art. 4o of the Law no 5,966, from 1973, passes the invigoration with the following essay:
" Art. 4o It is created the National Institute of Metrology, Quality and Technology-INMETRO, federal municipality linked to the Ministry of Development, Industry and Foreign Trade, with legal personality and heritage of its own. " (NR)
Art. 12. Law no 9,933, of December 20, 1999, passes the vigour with the following amendments:
" Art. 3o The National Institute of Metrology, Quality and Technology-INMETRO, municipality linked to the Ministry of Development, Industry and Foreign Trade, created by Law No. 5,966, of 1973, is competent for:
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II-elaborating and exasking technical regulations that have about legal metrological control, covering measuring instruments;
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IV-exercise administrative police power, by expedying technical regulations in the areas of conformity assessment of products, inputs and services, as long as they do not constitute object of the competence of other organs or entities of the federal public administration, covering the following aspects:
a) security;
b) protection of life and human, animal and plant health;
c) protection of the environment; and
d) prevention of deceptive trade practices;
V-perform, coordinate and supervise the legal metrology and evaluation activities of compulsory compliance by it regulated or exercised by competence that is delegated to it;
VI-acting as official accreditation body of conformity assessment bodies;
VII-register objects subject to the assessment of compulsory compliance, within the framework of their competence;
VIII -to plan and execute research, teaching and scientific and technological development activities in metrology, conformity assessment and related areas;
IX-providing technological transfer and technical cooperation services aimed at innovation and scientific and technological research in metrology, conformity assessment, and related areas;
X-providing services aiming at the technical strengthening and promotion of innovation in domestic companies;
XI-produce and alienate reference materials, standards metrological and other related products;
XII-making contributions to entities foreign congeners, whose interests are loved in agreements firmed up between themselves or between their respective countries, as a single action;
XIII-designating public or private entities for the execution of technical character activities in the areas of legal metrology and conformity assessment, in the framework of its regulatory competence;
XIV-acting as the official body of monitoring compliance to the principles of good laboratory practice;
XV-grant research grants scientific and technological development for the development of technology, product or process, of continuous character, directly or through partnership with public or private institutions;
XVI-establish partnerships with educational entities for the training and professional specialization in the areas of its acting, including for technical residency programs;
XVII-anuir in the process of import of products by it regulated that are subject to non-automatic licensing regime or other administrative control measures prior to dispatching for consumption; and
XVIII-represent the country in regional, national and international forums on conformity assessment.
§ 1o For the exercise of the competence predicted in the inciso V of the caput, the INMETRO may celebrate, with congenital entities from the states, the Federal District and municipalities, convents, terms of cooperation, terms of partnership and other contractual instruments provided for in law.
§ 2o The bags of which treats the inciso XV of the caput will be able to be granted to foreigners who they fulfil the legal requirements for the stay in the Country. " (NR)
" Art. 4º ............... ????? ..........................................
§ 1o As material and ancillary activities of legal metrology and evaluation of compulsory compliance, of technical character, which do not entail the exercise of administrative police power, may be carried out by third parties upon delegation, accreditation, accreditation, designation, contracting or celebration of convenium, term of cooperation, partnership term or congenial instrument, under control, supervision and / or administrative registration by INMETRO.
§ 2o The activities that cover legal metrological control, the approval of models of measuring instruments, surveillance, verification, supervision, administrative registration and assessment of compulsory compliance that entail the exercise of administrative police power can only be delegated to organs or entities of public law. " (NR)
" Art. 5o Natural or legal persons, public or private, national or foreign, who act on the market to provide services or to manufacture, import, install, use, repair, process, monitor, assemble, distribute, store, transport, packaging or marketing goods are bound to comply with the duties instituted by this Act and by the normative acts dispatched by the Conmetro and by INMETRO, inclusive technical and administrative regulations. " (NR)
" Art. 6o It is ensured to the public agent scrutinizer of the INMETRO or the body or entity with delegated competence, in the exercise of the assignments of verification, supervision and surveillance, the free access to the establishment or place of production, storage, transportation, exhibition and marketing of goods, products and services, characterizing embarrassment, punishable in the form of the law, any difficulty opposing the achievement of these goals.
§ 1o The free access of which treats the caput does not apply to the locations and customs enclosures where they are processed, under customs control, the movement or storage of imported goods.
§ 2o The Secretariat of the Brazilian Federal Revenue Office will be able to request assistance from the public agent scrutinizer of the INMETRO or the body with delegated competence, with a view to verification, in the customs dispatch of import, of compliance with the technical regulations issued by the Conmetro and by the INMETRO. " (NR)
" Art. 7o shall constitute infringement of the action or omission contrary to any of the obligations instituted by this Law, by the Law no 5,966, of 1973, and by the normative acts dispatted by the Conmetro and by the INMETRO on legal metrology and assessment of compulsory compliance. " (NR)
" Art. 8o Caberá to the Inmetro or the organ or entity holding delegation of police power to prosecute and judge the infractions, and to apply, isolated or comulatively, the following penalties:
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V-unutilisation;
VI-suspension of the object record; and
VII-cancellation of the object register.
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" Art. 9o The penalty penalty, imposed upon administrative procedure, will be able to vary from R$ 100.00 (one hundred reais) to R$ 1,500,000.00 (one million and five hundred thousand reais).
§ 1o For the gradation of the penalty the competent authority should consider the following factors:
I-the severity of the infraction;
II-the advantage earned by the offender;
III-the economic condition of the offender and its antecedents;
IV-the injury caused to the consumer; and
V-the social repercussion of the infraction.
§ 2o Are circumstances that aggravate the infraction:
I-the recidivism of the offender;
II-the finding of fraud; and
III-the provision of inveridic or misleading information.
§ 3o Are circumstances that mitigate the infraction:
I-the primariousness of the offender; and
II-the adoption of measures by the offender to mitigate the effects of the illicit or to repair it.
§ 4o The interposed resources against the application of the penalties of which it treats the art. 8o shall be substantiated and shall be assessed, ultimately, by standing committee instituted by the Conmetro for that purpose.
§ 5o Caberá to the Conmetro define the instances and the procedures for the resources, as well as the composition and mode of operation of the standing committee of which it treats § 4o. " (NR)
" Art. 10. .........................................................................
§ 1o The destruction of the products of which it treats caput is the responsibility of natural or legal persons, public or private, national or foreign, who are their owners, who are expected to give them endure environmentally appropriate in observance of the standards established by the organs of the National Environment System, the National Health Surveillance System, the Unified System of Attention to the Agrohusbandry Sanity and the National Metrology System, Normalization and Industrial Quality.
§ 2o The public agent scrutinizer of the INMETRO or the organ with competence delegated may monitor the process of destruction of the products, to make sure of the adoption of the specific operational standards and to ensure that no damage or risks to public health, the safety of society or the environment occur. " (NR)
" Art. 11. ....................................................................
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§ 2o Natural or legal persons, public or private, national or foreign, who are in the exercise of the activities foreseen in the art. 5o will be responsible for the payment of the Metrological Services Rate. " (NR)
Art. 13. Law no 9,933, from 1999, passes on increased invigoration of the following devices:
" Art. 3o-A. It is instituted the Conformity Assessment Rate, which has as a fact generator the exercise of the administrative police power in the area of compulsory compliance assessment, pursuant to the regulations issued by the Conmetro and the INMETRO.
§ 1o The Rate of Evaluation of Conformity, whose values are listed in Annex II to this Act, has as a basis of calculation the appropriation of the direct and indirect costs inherent in the exercise of administrative police power of the activity.
§ 2o Natural people or legal, public or private, national or foreign nationals, who are in the exercise of the activities provided for in the art. 5o are responsible for the payment of the Conformity Assessment Rate. " (NR)
" Art. 11-A. The launch of the fees provided for in this Act will occur by the specific guide issuance for your payment, regulated by the National Treasury Board Secretariat, with effect of notification and constitution of the INMETRO tax credits.
§ 1o The taxpayer may challenge the launch of the fees provided for in this Act to the authority that constituted the INMETRO tax credit within thirty days of its notification.
§ 2o Caberá resource da decision on the challenge of which it treats § 1o, brought to the President of the INMETRO, within thirty days, from the notification of the taxpayer.
§ 3o The taxpayer is expected to substantiate the pick-up in the fees provided for in this Act previously to the realization of the metrological services and object records with assessment of compulsory compliance.
§ 4o THE INMETRO can to define, exceptionally, in regulation, deadlines for the pick-up of the fees provided for in this Act, considering the uniqueness of the activity performed by the taxpayer. " (NR)
" Art. 11-B. It is incumbent upon the President of the INMETRO to authorize the realization of non-tax and non-tax credit agreements or transactions in Active Debt, of value up to R$ 500,000.00 (five hundred thousand reais), up to the limit of fifty percent, and the parceling administrative in monthly and successive instalments up to the maximum of sixty.
§ 1o When the value of the credit is higher than the limit set in the caput, the agreement or transaction, under penalty of nullity, will depend on prior and express authorization of the Minister of State for Development, Industry and Foreign Trade.
§ 2o The value of each monthly installment, on the occasion of the payment, will be increased interest and fine of mora in the form of the prevailing legislation for federal securities.
§ 3o The competences provided for in this article may be delegated. " (NR)
Art. 14. They are set up, within the framework of the Federal Executive Power, one hundred and twenty positions of effective provement of Foreign Trade Analyst, of the career of the same denomination.
Art. 15. This Interim Measure shall come into force on the date of its publication, ressaving the provisions of the art. 3º-A of the Law no 9,933, of 1999, which will vigorate from 1o from January 2012.
Brasilia, August 2, 2011; 190º of Independence and 123º of the Republic.
DILMA ROUSSEFF
Guido Mantega
Fernando Damata Pimentel
Miriam Belchior
Aloizio Mercadante
ANNEX
