DECREE NO. 5,124, OF 1º JULY 2004

Promults the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Turkey on Visa exemption for Titular of Common Passports, celebrated in Ankara, on August 20, 2001.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Turkey concluded, in Ankara on August 20, 2001, an Agreement on Exemption from Visa for Holders of Common Passports;

Whereas the National Congress has approved this Agreement through Legislative Decree No. 211 of May 20, 2004;

Whereas the Agreement comes into force on , 2004, pursuant to paragraph 1º of its Article 11;

DECRETA:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Turkey on Exemption from Visa for Titular of Common Passports, celebrated in Ankara, on August 20, 2001, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º 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, pursuant to art. 49, inciso I, of the Constitution, carries gravy charges or commitments to the national heritage.

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

Brasilia, 1º of July 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE

GOVERNMENT OF THE REPUBLIC OF TURKEY ON VISA EXEMPTION

FOR HOLDERS OF COMMON PASSPORTS

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Turkey

(henceforth called the "Contracting Parties"),

In view of the spirit of the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Turkey on Exemption from Visa for Diplomatic, Service And Special Passport Holders, signed on April 10, 1995, in Brasilia,

Considering the mutual interest of their peoples in strengthening existing friendship relations,

Visiting to facilitate the travels of their nationals,

Wake up the following:

ARTICLE 1

Nationals of the Federative Republic of Brazil and nationals of the Republic of Turkey, holders of valid common national passports, will be exempt from visa to enter, transit and stay in the territory of the other Contracting Party for purposes of tourism and business, for a period of up to ninety (90) days, renewable as long as the total stay does not exceed one hundred and eighty (180) days per year.

ARTICLE 2

Holders of valid common national passports of both the Contracting Parties, mentioned in Article 1, will be able to enter, cross into transit and exit the territory of the other Contracting Party at all points open to international passenger traffic.

ARTICLE 3

Nationals of both the Contracting Parties, holders of valid common national passports, who intend to work, study or stay in the territory of the other Contracting Party for a period greater than 90 (ninety) days, should obtain appropriate visa through diplomatic Mission or Consular apportionment of the other Contracting Party, in advance of arrival.

ARTICLE 4

1. Nationals of one of the Contracting Parties who have lost their original passports, with which they entered the territory of the other Contracting Party shall inform that occurred immediately to the diplomatic or consular mission of that Party Contractor, to which will issue document certifying such fact.

2. The above-mentioned nationals should depart from the receiving territory with appropriate travel document issued by the diplomatic Mission or Repartition consular of your country, considering the expiration date of the exemption period.

3. The appropriate documents mentioned in the preceding paragraph will be: "common passport" or "Authorization of Return to Brazil" for the Federative Republic of Brazil and "common passport" or "travel document" for the Republic of Turkey.

ARTICLE 5

The visa exemption introduced by this Agreement does not exempt citizens of both Parties from the obligation to comply with prevailing laws and regulations in the receiving territory concerning the entry, stay, and exit of foreigners from their territory.

ARTICLE 6

The Contracting Parties undertake to readmit their nationals in the territories of their respective States without formality or collection of additional expenses.

ARTICLE 7

This Agreement does not limit the right of both Contracting Parties to either deny entry or reduce the time of stay of nationals of the other Contracting Party deemed to be undesirable.

ARTICLE 8

The Contracting Parties shall inform themselves, with the brevity possible, mutually, by diplomatic way, on any changes in their respective laws and regulations on the regime of entry, stay and exit of foreign citizens.

ARTICLE 9

On grounds of public safety, order or public health, any of the Contracting Parties may temporarily suspend the application of this Agreement as a whole or in part. Any suspension is to be notified to the other Contracting Party, with the greatest possible anticipation, by diplomatic channels.

ARTICLE 10

1. The Contracting Parties shall exchange, by diplomatic means, specimens of their valid passports at most thirty (30) days after the date of signature of this Agreement.

2. Should there be any modification, the Contracting Parties will interchange, by diplomatic way, specimens of their new valid passports, accompanied by detailed information about their characteristics and use, with the minimum advance of thirty (30) days before their entry into force.

ARTICLE 11

1. This Agreement shall be valid for indefinite time and shall be subject to approval or ratification, as per the internal legal formalities of the Contracting Parties, and shall enter into force on the date of the last of the Diplomatic Notes in which the Parties Contractors inform about the fulfillment of the respective internal legal requirements required for their entry into force.

2. This Agreement may be modified by the mutual will of the Contracting Parties; the amendments shall enter into force in the form of paragraph 1 of this Article.

3. Any of the Contracting Parties may denounce the present Agreement, in writing, by the diplomatic route. The complaint will take effect thirty (30) days after the receipt of the notification by the other Contracting Party.

Made in Ankara on August 20, 2001, in two original copies, in the Portuguese, Turkish and English languages, being all the equally authentic texts. In the event of a divergence of interpretation, the text in its English version shall prevail.

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

Luiz Felipe Seixas Correa

Minister of State, interim, das

Foreign relations

____________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FROM TURKEY

Farouk Logoglu

Secretary-General of the Chancellery

Turkish