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Provisional Measure No. 2,101-32, Of 24 May 2001

Original Language Title: Medida Provisória nº 2.101-32, de 24 de Maio de 2001

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PROVISIONAL MEASURE NO. 2.101?32, OF May 24, 2001.

Disposes on the financial relations between the Union and the Central Bank of Brazil, 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:

Art. 1º The Union cash availabilities deposited at the Central Bank of Brazil will be remunerated, as of January 18, 1999, by the weighted average arithmetic rate of the intrinsic profitability of the securities of the National Federal Foreign Office of issuance of the National Treasure in power of the Central Bank of Brazil.

Art. 2º The result ascertained in the Annual balance sheet of the Central Bank of Brazil after computed eventual constitutions or reversal of reserves will be considered:

I? if positive, obligation of the Central Bank of Brazil to with the Union, owing to be the subject of payment until the tenth working day of the subsequent financial year to the approval of the balance sheet by the National Monetary Council;

II? if negative, obligation of the Union to the Central Bank of Brazil, and shall be the object of payment until the tenth working day of the subsequent financial year when the approval of the balance sheet by the National Monetary Council.

§ 1º The values paid in the form of the inciso I shall be destined exclusively for the payment of the Federal Furnished Public Debt, and shall be amortized, as a matter of priority, to that existing with the Central Bank of Brazil.

§ 2º During the period between the date of the half-year balance sheet ascertaining and the date of the effective payment, the plots of which treat incisions I and II will have remuneration identical to that applied to the availabilities of box of the Union deposited in the Central Bank of Brazil.

§ 3º The constitution of reserves of which it treats the caput will not be able to exceed twenty five percent of the result ascertained in the balance sheet of the Central Bank of the Brazil.

Art. 3º The balance sheet of the Central Bank of Brazil will be semiannual and will consider the period from 1º January to June 30 and 1º from July to December 31.

Art. 4º The Union will transfer to the Bank Central do Brasil, until March 31, 1999, the value corresponding to the balance of the heading "Result a Comthinking", existing on the balance sheet of the Central Bank of Brazil at the end of the financial year 1997, plus identical remuneration to that applied to Union cash availabilities deposited in the Central Bank of Brazil, computed to date of the effective transfer.

Art. 5º Will the Union promote, by March 31, 1999, the replacement of National Treasury Notes? Series L? NTN?L in power of the Central Bank of Brazil, up to the limit of the obligation arising from the Multi?Year Deposit Facility Agreement ? MYDFA, by other National Treasury liability securities with characteristics similar to those of the said external obligation, owing to NTN?L be replaced by its nominal value, plus the respective remuneration pro rata applied up to the date of the transaction.

Art. 6º Will be transferred to the Union, until March 31, 1999, the rights and obligations arising out of the compulsory Compulsory Loans instituted by the Decree?Law No. 2,288 of July 23, 1986, existing at the Central Bank of Brazil.

§ 1º 0 willing in the caput will be able to take effect with the transfer, by the Central Bank of Brazil to the Union, of the following assets:

I? bonds of issuance of the National Treasury in power of the Central Bank of Brazil;

II? claims arising from the debts renegotiated under the Act No. 8,727 of November 5, 1993;

III? credits belonging to the heading "Result a Comthinking" that it treats art. 4º.

§ 2º The headings and credits mentioned in § 1 ° shall be transferred by their nominal value, plus the respective remuneration pro rata applied until the date of the transfer.

Art. 7º A integralisation of quotas and shares of international bodies that the Union participates in, apart from those provided for in Paragraph 2º of this article, is the responsibility of the Union, the result of which the result will incorporate? ?s respective revenue and expenditure.

§ 1º The quotas and shares of the international bodies referred to in the caput, held by the Central Bank of Brazil, will be transferred to the Union.

§ 2º The integralization of quotas and shares of the Monetary Fund International and the Bank of International Settlements is the responsibility of the Central Bank of Brazil, to which the result will incorporate? ?s respective revenue and expenditure.

§ 3º The havers of the international bodies will be deposited at the Central Bank of Brazil.

Art. 8º The effective transfers to the Union of the participations in the international bodies of which it treats art. 7º, § 1º, and the respective counterpart to the Central Bank of Brazil, will occur simultaneously and until December 31, 1999, based on updated figures, constants of the accounting of the Central Bank of Brazil on the date of the operations.

Single paragraph. Until they take effect the expected transfers in the caput, the integralization referred to in the art. 7º, caput, is the responsibility of the Central Bank of Brazil.

Art. 9 ° For payment of the values to which the arts refer. 2º, inciso II, 4º and 7º, § 1º, may be issued securities of the internal Federal Corporate Debt suitable for monetary policy purposes, with characteristics set by the Minister of State for Finance.

Art. 10. The Ministry of Finance, through the Federal Office of Control, will afar the correctness of the figures relating to the credits and obligations transferred to the Union to which the arts relate. 6º, caput and § 1º, and 7º, § 1º, of this Provisional Measure.

Single Paragraph. Promote? se?á the compensation of any ascertained differences, updated with remuneration identical to that applied to the Union cash availabilities deposited in the Central Bank of Brazil, from the date of the respective transfer to the date of the effective compensation, when of the financial hits provided for in the art. 2º.

Art. 11. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.101?31 of April 26, 2001.

Art. 12. This Interim Measure shall come into force on the date of its publication.

Art. 13. Are the Decree revoked?Law No. 1,637, of October 6, 1978, and the art. 4º of Law No. 7,862, of October 30, 1989.

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

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Martus Tavares

Published in the DOU 05/25/2001

Acts Of The Executive Power

MPV-002101-0-032-24-05-20001