DECREE NO. 4,239, OF May 21, 2002

Disposes on the execution of the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36, between the Governments of the Republic Federative of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, (MERCOSUR), and the Government of the Republic of Bolivia, of December 31, 2001.

THE PRESIDENT OF THE FEDERAL SUPREME COURT, at the exercise of the post of PRESIDENT OF THE REPUBLIC, using the assignment that gives you the art. 84, inciso IV, of the Constitution,

Considering that the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI), signed by Brazil on August 12, 1980 and approved by the National Congress, by the Legislative Decree No. 66 of November 16, 1981, provides for the modality of Economic Supplementation Agreement;

Whereas the Governments of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Bolivia, signed on December 17, 1996, in Fortaleza, the Economic Supplementation Agreement No. 36, to the amparo of the 1980 Treaty of Montevideo, whereas it has, among others, the goal of conforming an area of free trade between the signatory countries;

Whereas the Economic Supplementation Agreement No. 36 was incorporated into the Brazilian legal planning by the Decree paragraph 2,240 of May 28, 1997;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay (MERCOSUR), on the one hand, and of the Republic of Bolivia, of another, struck on December 31, 2001, in Montevideo, the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36, which aims to extend until March 31, 2002 the transitional regime of origin set out in the Agreement;

D E C R E T A:

Art. 1º It gets promulgated, for all purposes, the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36, of December 31, 2001, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Bolivia, aped by copy to the present Decree.

Art. 2º This Decree takes effect on the date of its publication.

Brasilia, May 21, 2002; 181º of Independence and 114º of the Republic.

MARCO AURÉLIO MELLO

Osmar Chohfi

Economic Supplementation Agreement No. 36 concluded between the Governments of the States Parties of MERCOSUR and the Government of the Republic of Bolivia

Sixteenth Additional Protocol

The Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in their condition of States Parties to the Southern Common Market (MERCOSUR), on the one hand, and of the Republic of Bolivia, on the other, accredited by their respective Governments second powers that were bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI),

In view of the MCS-BO Resolution No. 02/01 of the ACE 36 Administrative Commission,

Concome in:

Article 1º-Extend from January to March 31, 2002 the special treatment provided for in the Appendix 2 (a) of Annex 9 to the Origin Regime.

Article 2º-Are excepted from the provisions of the preceding Article, for the relevant cases, the tariff positions included in Appendix 3 to the MCS-BO 4/00 Revista Resolution, to which invigorates the definitive specific Regime.

Article 3º-Apply from 1º January to March 31, 2002 the special treatment, provided for in Appendix 2 (b) of Annex 9 to the Origin Regime, excluded the items NALADI/SH 6205.20.00 and 6205.30.00, for which the Transient Regime of Origin is extended to the same date.

The General Secretariat of ALADI shall be a depositary of this Protocol, of which it shall send duly certified copies to the Governments signatories.

In faith of what, the respective Plenipotentiaries sign the present Protocol in the city of Montevideo, at the thirty one days of the month of December two thousand and one, in an original in the Portuguese and Spanish languages, being both the equally valid texts. (a) By the Government of the Argentine Republic: Carlos Onis Vigil; By the Government of the Federative Republic of Brazil: José Artur Denot Medeiros; By the Government of the Republic of Paraguay: José María Casal; By the Government of the Eastern Republic of Uruguay: Elbio Oscars Rosselli Frieri; By the Government of the Republic of Bolivia: Willy Vargas Vacaflor.