DECREE NO. 3,468, OF May 17, 2000.

Promulgates the Protocol of Mutual Legal Assistance in Penal Affairs, signed in San Luis, Argentine Republic, on June 25, 1996, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso VIII, of the Constitution,

CONSIDERING that the Protocol of Mutual Legal Assistance in Penal Affairs was signed in San Luis, the Argentine Republic, on June 25, 1996, by the Governments of the Federative Republic of the Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay;

CONSIDERING that the National Congress has approved the multilateral Act in episture by means of Legislative Decree No. 03 of January 26 of 2000;

CONSIDERING that the Brazilian Government deposited the Instrument of Ratification of the said Protocol on March 28, 2000;

CONSIDERING that the onscreen Act entered into force for Brazil, in the terms of your art. 28, on April 27, 2000;

DECRETA:

Art. 1º The Protocol of Mutual Legal Assistance in Penal Affairs, signed on June 25, 1996, between the Governments of the Federative Republic of Brazil, of the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, apensed by copy to this Decree, is to 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 Protocol, as well as any further adjustments which, pursuant to the art. 49, paragraph I, of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, May 17, 2000; 179º of the Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Luiz Felipe Lampreia

Protocol of Mutual Legal Assistance in Penal Affairs

The Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay;

Considering that the Treaty of Asuncion implies the commitment of States Parties to harmonize their legislations depending on the common goals there set forth;

Consent that these goals should be strengthened with common standards that will enact legal certainty in the territory of States Parties;

Convinced that the intensification of legal cooperation in criminal matters will contribute to deepening the reciprocal interests of the States Parties to the integration process;

Emphasizing the importance of which is for the process of integrating the adoption of instruments that contribute in an effective manner to achieve the objectives of the Treaty of Asuncion;

Recognizing that many delightful activities pose a grave threat and if manifested through transnational criminal modalities in which frequently the evidence is situated in different states;

Resolved to conclude a Mutual Legal Assistance Protocol in the following terms:

Chapter I

General Provisions

Scope

Article I

1. This Protocol shall have the purpose of mutual legal assistance in criminal matters between the competent authorities of the States Parties.

2. The provisions of this Protocol shall not confer rights on individuals for the purpose of obtaining, deleting or deleting evidence, or to object to the fulfilment of a request for assistance.

3. The States Parties shall provide mutual assistance, in accordance with the provisions of this Protocol, for the investigation of offences, as well as for cooperation in judicial procedures relating to criminal matters.

4. Assistance will be provided even when the mains do not constitute offences in the requested State, without prejudice to the provision of the provisions of Articles 22 and 23.

5. This Protocol does not provide the authorities or individuals of the requesting State Party to undertake in the territory of the State required functions which, as per their internal laws, are reserved to their Authorities, save in the hypothesis provided for in the Article 17, paragraph 3.

Scope of Assistance

Article 2

Assistance will understand:

a) notification of acts procedural;

b) reception and production of evidence, such as testimonials or statements, performing of perices and examinations of persons, goods and places;

c) location or identification of persons;

d) notification of witnesses or experts for voluntary turnout in order to provide testimony in the requesting State;

e) trasside of persons subject to criminal proceedings to appear as witnesses in the Applicant State or with other purposes expressly stated in the solicitation, as per this Protocol;

f) acautelatory measures on goods;

g) fulfilment of other solicitations regarding goods, such as the hijacking;

h) delivery of documents and other evidence;

i) seizure, transfer of confiscated goods and other measures of a similar nature;

j) retention of goods for the purposes of compliance with court sentences that impose damages or fines imposed by judicial sentence; and

k) any other form of assistance in accordance with the purposes of this Protocol which does not is incompatible with coma s laws of the requested State.

Central authorities

Article 3

1. For the purposes of this Protocol, each State Party shall designate a Central Authority charged with receiving and transmitting requests for mutual legal assistance. To that end, said Central Authorities shall communicate directly between them, by referring such requests to the respective competent authorities.

2. The States Parties, by depositing the instrument of ratification of this Protocol, shall communicate the designation to the depositary Government, which shall give notice to the remaining States Parties.

3. The Central Authority may be replaced at any time, and the State Party shall communicate, in the shortest possible time, to the depositary State of this Protocol, in order to give knowledge, to the remaining States Parties, of the change effectuated.

Competent Authorities for the Request

Article 4

The requests transmitted by a Central Authority with amparo in this Protocol if based on requests for assistance from judicial authorities or the requesting State Public Prosecutor's Office in charge of the trial or investigation of offences.

Denegation of Assistance

Article 5

1. The State Party required will be able to denigrate assistance when:

a) the solicitation refers to the offence typified as such in its military legislation but not in ordinary criminal law;

b) the solicitation if should refer to the offence that the requested State considers as a politician or as a common offence conjoined with political offence or carried out with political purpose,

c) the solicitation refers to the tax offence;

d) a person in respect of which one requests the measure has been acquitted or there is met conviction in the State required by the same offence mentioned in the solicitation. However, this provision may not be invoked to deny assistance with respect to other persons; or

and) compliance with the solicitation to be contrary to security, public order or other essential interests of the State required.

2. If the requested State denotes assistance, it shall inform the requesting State, via the Central Authority, the reasons for which the denigration is founded, ressalvated the provisions of Article 15 (b).

Chapter II

Request's Enforcement

Form and Request Contents

Article 6

1. The request for assistance should formulate itself in writing.

2. If the solicitation is transmitted by telex, facsimile, electronic mail or equivalent medium, it should be confirmed by original document struck by the requesting authority within the 10 (ten) days following its formulation, according to the established by this Protocol.

3. The solicitation should contain the following particulars:

a) identification of the requesting competent authority;

b) description of the subject matter and nature of the judicial procedure, including the offences to which if refers;

c) description of the assistance measures requested;

d) reasons why they are asked for such measures;

and) text of the applicable penal standards;

f) identity of the persons subject to the judicial procedure, when known.

4. When it is necessary and, as far as possible, the solicitation should also include:

a) information on identity and domicile of the persons whose testimony it wishes to obtain;

b) identity and domicile of the people to be notified and their relationship to the procedures;

c) information about identity and whereabouts of the people to be found;

d) exact description of the place to inspect, identification of the person to be subjected to examination and the goods that have to be accracked;

e) the text of the interrogation to be formulated for the reception of the testimonial evidence in the requested State, as well as, if necessary, the description of the form in which it is to be received and registered any testimony or statement;

f) description of the forms and special procedures with which to comply with the solicitation, if so required;

g) information on the payment of the expenses with the person whose presence is requested to the requested State;

h) any other information which may be of usefulness to the State required for the purposes of facilitating the fulfilment of the solicitation;

i) when it is necessary, the indication of the authority of the requesting State which will participate in the processing in the requested State.

5. The solicitation should be drawn up in the language of the requesting State and will be accompanied by a translation in the language of the requested State.

Applicable Law

Article 7

1. The processing of the solicitations shall be governed by the law of the State required and in accordance with the provisions of this Protocol.

2. At the request of the requesting State, the requested State shall comply with the assistance in accordance with the special forms or procedures stated in the solicitation, unless those are inconsistent with its domestic law.

Processing

Article 8

The Central Authority of the requested State shall tramp with the solicitation and transmit it to the competent authority for its processing.

Deadlines or Conditions for the Enforcement

Article 9

The competent authority of the requested State may delay compliance with the solicitation, or subjecting it to conditions in cases where there is interference in ongoing criminal procedure in its territory.

On those conditions, the requested State shall make consultation with the applicant through the authorities Central. If the applicant State accepts the assistance subject to conditions, the solicitation will be complied with in accordance with the proposed form.

Confidential Character

Article 10

At the request of the requesting State, the confidential character of the solicitation and its tramway will be maintained. If the solicitation cannot be complied with without infringing on this confidential character, the requested State shall inform this fact to the requesting State that it shall decide whether to insist on the solicitation.

Information on the Enforcement

Article 11

1. At the request of the Central Authority of the requesting State, the Central Authority of the State required shall inform, within a reasonable period of time, about the progress of the tramite regarding the fulfilment of the solicitation.

2. The Central Authority of the requested State shall promptly inform the result of the fulfilment of the solicitation and shall refer all information or evidence obtained to the Central Authority of the requesting State.

3. Where it is not possible to comply with the solicitation, in whole or in part, the Central Authority of the requested State shall immediately make known to the Central Authority of the requesting State and shall inform the reasons for which it has not been possible to comply.

4. The information will be drawn up in the language of the requested State.

Limitations in the Employment of Information or Proof Obtained

Article 12

1. Unless prior consent of the requested State, the requesting State shall only be able to employ the information or proof obtained, by virtue of this Protocol, in the investigation or in the procedure indicated in the solicitation.

2. The competent authority of the requested State shall be able to request that the information or proof obtained by virtue of this Protocol has confidential character, of conformity with the conditions it shall specify. In such a case, the requesting State shall respect such conditions. If you are unable to accept them, you will communicate the respondent, who will decide on the provision of the cooperation.

Costs

Article 13

The requested State will have the your charge the processing expense of the request. The requesting State shall pay the expenses and fees corresponding to the perices, translations and transcripts, extraordinary expendities arising from the employment of special forms or procedures and the travel costs of the persons referred to in Articles 18 and 19.

Chapter III

Forms of Assistance

Notification

Article 14

1. It will be up to the Central Authority of the requesting State to transmit the notification request for attendance of a person from the competent authority of the requesting State, with reasonable advance of the target date for the same.

2. If the notification does not take place, the competent authority of the requested State shall inform the competent authority of the requesting State the reasons for which it cannot diligenate, through the Central Authorities.

Delivery of Official Documents

Article 15

By request of the competent authority of the requesting State, the competent authority of the State required:

a) will provide copy of officiating documents, records or information accessible to the public; and

b) may provide copies of officiating documents, records or information not accessible to the public, under the same conditions by which those documents were to be available to their own authorities. If the assistance provided for in this paragraph is denigrated, the competent authority of the requested State shall not be obliged to express the grounds for denigration.

Return of Documents and Elements of Proof

Article 16

The requesting State should, as soon as possible, return the documents and other evidence provided in fulfilment of the established in this Protocol, when requested by the requested State.

Testimony in the Redear State

Article 17

1. Every person who finds himself in the State required to provide testimony, submit documents, background or evidence by virtue of this Protocol, is to appear, in accordance with the laws of the requested State, before the competent authority.

2. The requested State shall inform sufficiently in advance of the place and the date on which the statement of the witness or the mentioned documents, antecedents or evidence of the evidence shall be received. When it is necessary, the competent authorities shall consult each other, through the Central Authorities, for the purpose of setting a convenient date for the requesting and required authorities.

3. The requested State shall authorize the presence of the authorities indicated in the solicitation during the performance of the cooperation due diligence, and shall allow them to formulate questions if this is authorized by the laws of the requested State and in compliance with these laws. The hearing will take place under the procedures laid down by the laws of the requested state.

4. If the person referred to in paragraph 1 alleges immunity, privilege or incapacity under the laws of the requested State, that claim shall be resolved by the competent authority of the State required prior to the fulfilment of the solicitation and communicated to the State requesting intermediate to the Central Authority.

If the person referred to in paragraph 1 alleges immunity, privilege or incapacity under the laws of the requesting State, the claim shall be informed through the respective Central authorities, in order for the competent authorities of the requesting State to resolve compliance with the claim.

5. The documents, background and evidence delivered by the witness or obtained as a result of his statement or on the occasion of it, will be sent to the requesting State along with the affidavit.

Testimony in the State Applicant

Article 18

1. When the requesting State requests the attendance of a person to its territory to provide testimony or offer information, the requested State shall invite the witness or expert to appear before the competent authority of the State applicant.

2. The competent authority of the requested State shall register in writing the consent of the person whose turnout is requested in the requesting State and shall immediately inform the Central Authority of the requesting State about the response.

3. When applying for the turnout, the competent authority of the requesting State shall indicate the spending of trasside and stay at its charge.

Trasside of Persons Subject to Criminal Procedure

Article 19

1. The person subject to criminal procedure in the requested State, whose attendance to the requesting State is required by virtue of the assistance provided for in this Protocol, shall be trasched with that end to the requesting State, where that person and the Required state consintam on this trasside.

2. The person subject to criminal procedure in the requesting State of the assistance and whose attendance to the requested State is necessary shall be trasched to the requested State, where the consink such person and both States are in agreement.

3. When a State Party requests another, in accordance with this Protocol, the trasside of a person of its nationality and its Constitution prevents the delivery of its nationals, to any title, shall inform the contents of those provisions to the another State Party, which will decide about the convenience of the requested.

4. For the purposes of this Article:

(a) the receiving State shall hold the person trasladed in custody, unless the sender State indicates otherwise;

b) the receiving State shall return the person trasladed to the State sender as ready as the circumstances permit and with subjection to the agreed upon between the competent authorities of both States, without prejudice to the one set out in the preceding paragraph;

c) with respect to the return of the person trasladed, it will not be necessary for the sender State to promote an extradition procedure;

d) the time elapsed in custody in the receiving State will be computed for the purposes of fulfilling the sentence that if impuser;

e) the permanence of that person in the receiving State shall not exceed 90 (ninety) days, unless the person and both states consent to extend it;

f) in the event of leakage in the receiving State of the person who is subjected to a restrictive measure of freedom in the sender State, the latter may ask the receiving State for the initiation of a criminal procedure for clarification of the fact as well as the provision of information periodical.

Saved-conduction

Article 20

1. The attendance or trasper of the person who consents to declare or give testimony, under the provisions of Articles 18 and 19, shall be conditional on the receiving State granting a safe-conduit under which, while it is found in that State, this shall not may:

a) detain or judge the person by prior offences at their exit from the territory of the sender State;

b) summon it to declare or give testimony in an unspecified procedure in the solicitation.

2. The saved-conduct provided for in the preceding paragraph shall cease when the person voluntarily extends his / her stay in the territory of the receiving State, for more than 10 (ten) days, from the time his or her presence is not required in that State, from compliance with the communication to the sender state.

Location or Identification of People

Article 21

The required State will adopt the arrangements necessary to ascertain the whereabouts or identity of the individualized persons on the solicitation.

Acautelatory Measures

Article 22

1. The competent authority of the requested State shall undertake the solicitation of acautelatory cooperation, if it contains sufficient information justifying the provenance of the requested measure. This measure will be effective in accordance with the procedural and substantive law of the requested state.

2. When a State Party is aware of the existence of the instruments, the object or the fruits of the offence, in the territory of the other State Party, which may be the object of acautelatory measures, under the laws of that State, it shall inform the Authority Central to the said State. This will refer to the information received to its competent authorities for the purposes of determining the adoption of the appropriate measures. Said authorities shall act in accordance with the laws of their country and shall communicate to the other State Party, through the Central Authorities, the measures adopted.

3. The requested State shall resolve, under its law, any solicitation concerning the protection of the rights of third parties on the objects that are matter of the measures provided for in the preceding paragraph.

Delivery of Documents and other Measures of Cooperation

Article 23

1. The competent authority shall expedite the solicitation of cooperation with regard to inspections and delivery of any objects, understood, among others, documents or background, if this contains information justifying the proposed measure. Such a measure shall be effective in accordance with the procedural and substantive law of the requested State, without prejudice to the provisions of Article 15 (b) and article 22, paragraph 3.

2. The States Parties shall provide assistance, in accordance with their respective laws, in the procedures regarding assecuratory measures, compensation of victims of offences and collection of fines imposed by judicial sentence.

Custody Custody and Disposition of Bens

Article 24

The State Party that has in its custody the instruments, the object, or the fruits of the offense, will have the same of compliance with the established in its internal law. In so far as they permit it to permit its laws and in the terms that they deem appropriate, that State Party may transfer to another the confiscated goods or the proceeds of its sale.

Authentication of Documents and Certities

Article 25

The documents emanating from judicial authorities or from the Public Prosecutor's Office of a State Party, which should be presented to the territory of the other State Party, and tramway via the Central Authorities, they are exempted from all the legalization or other analogous formality.

Consultation

Article 26

The Central authorities of the States Parties shall hold consultations, when it comes to them, with the purpose of facilitating the application of this Protocol.

Solution of Controversies

Article 27

The controversies that arise between the States Parties by reason of the application, interpretation or disregard of the provisions contained in this Protocol, will be resolved by direct diplomatic negotiations.

If such negotiations do not result in agreement or if the controversy is solved only in part, the procedures provided for in the prevailing Controversian Solution System will be applied between the States Parties to the Treaty of Assumption.

Chapter IV

Final Provisions

Article 28

The present Protocol, part member of the Treaty of Asuncion, shall enter into force with respect to the first two States Parties that ratify it, 30 (thirty) days after the second country shall proceed to the deposit of its instrument of ratification.

For the remaining ratifiers, shall enter into force on the thirtieth day after the deposit of the respective instrument of ratification.

Article 29

The accession by a State to the Treaty of Assumption will imply, in full right, the accession to this Protocol.

Article 30

This Protocol shall not restrict the application of Conventions that on the same matter have previously been subscribed to, among the States Parties, when they are more favorable to cooperation.

Article 31

The Government of the Republic of Paraguay will be the depositary of this Protocol and of the instruments of ratification and shall send copies of the same, duly authenticated, to the Governments of the remaining States Parties.

Similarly the Government of the Republic of Paraguay shall notify the Governments of the remaining States Parties the date of entry into force of this Protocol and the date of the deposit of the instruments of ratification.

Done in São Luiz, Argentine Republic, at 25 days of the month of June 1996, in a original in the Spanish and Portuguese languages, being both texts being equally authentic.

By the Argentine Republic Guido Di Tella Foreign Minister	By the Federative Republic from Brazil Luiz Felipe Lampreia Minister of Foreign Affairs
By the Republic of Paraguay Rubén Melgarejo Lanzoni Minister of Foreign Affairs	By the Eastern Republic of Uruguay Alvaro Ramos Minister of Foreign Relations