Key Benefits:
DECREE NO. 5,179 OF August 13, 2004
Promults the Agreement between the Government of the Federative Republic of Brazil and the Kingdom of Spain on Cooperation in Matter for the Prevention of Consumption and Control of the Illicit Trafficking of Entorpects and Psychotropic Substances, celebrated in Madrid, on November 11, 1999.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers the art. 84, inciso IV, of the Constitution, and
Considering that the Government of the Federative Republic of Brazil and the Kingdom of Spain celebrated in Madrid on November 11, 1999, an Agreement on Cooperation in Matter of Prevention of the Consumption and Control of the Illicit Trafficking of Entorpecans and Psychotropic Substances;
Whereas the National Congress has approved this Agreement through Legislative Decree No. 215 of June 30, 2004;
Considering that the Agreement entered into force on July 13, 2004, pursuant to its Article IX;
DECRETA:
Art. 1º The Agreement between the Government of the Republic Federative of Brazil and the Kingdom of Spain on Cooperation in Matter of Prevention of Consumption and Control of Illicit Trafficking of Entorpecans and Psychotropic Substances, celebrated in Madrid, on November 11, 1999, 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 a review 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, 13 of August 2004; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Government of the Republic Federative of Brazil
and
The Kingdom of Spain
(henceforth called "Contracting Parties"),
Consent that the bilateral cooperation is key to address the problems derived from misuse and illicit drug trafficking;
Taking into consideration the recommendations contained in the United Nations Convention against Trafficking Illicit of Entorpects and Psychotropic Substances, signed in Vienna, on December 20, 1988;
Wishing to cooperate by means of a Bilateral Agreement with the worldwide goal of preventing, controlling and eliminating use undue and the illicit trafficking of narcotics and psychotropic substances;
Wake up the following:
ARTICLE 1º
The cooperation in matter for the prevention of consumption and control of the illicit trafficking of narcotics and psychotropic substances will be implemented:
A-upon the establishment of a permanent exchange of information and documentation;
B-upon the elaboration of projects and programs;
C-upon technical and scientific assistance in the realization of all projects and programs.
ARTICLE 2º
The areas in which to develop cooperation in the prevention of consumption and control of the illicit trafficking of narcotics and psychotropic substances will be:
A-IN THE AREA OF PREVENTION:
a) exchange of proposals for the development of experimental programs;
b) selection of priority programs in the field of prevention;
c) elaboration of general health promotion and education promotion programs for the well-being of citizens and especially youth.
B-IN THE SOCIOSANITARY AREA:
a) description of the role of the different therapeutic services in the assistential supply and needs that derive from them, among which, detoxification services, ambulatory centres and therapeutic communities;
b) typology of centres and assistive services;
c) study and evaluation of experimental programs for a full focus of the care for toxicometers;
d) elaboration of experimental programs of detoxing.
C-IN THE AREA OF SOCIAL REINSERTION:
a) study and elaboration of community awareness projects with the aim of supporting the reinsertion of the toxicants.
D -IN THE LEGISLATIVE AREA:
a) study of projects of laws and other normative instruments.
E-IN THE AREA OF FIGHT AGAINST ILLICIT DRUG TRAFFICKING:
The cooperation in the fight against the illicit trafficking of narcotics and psychotropic substances will, in the milestone of security and in the customs scope, within the competences of the respective responsible bodies of the Government in accordance with their internal legislation, by:
a) The exchange of information, publications and statistical data regarding the illicit trafficking of drugs and psychotropic substances;
b) periodic exchange of information operatives of mutual interest with respect to concrete facts, events and persons, allegedly involved in the illicit trafficking of drugs and psychotropic substances, as well as the laundering of money from this trafficking;
c) exchange of information on means of transport, loads, consignments by mail and other means, as well as on the routes and techniques used for the illicit trafficking of drugs in transit through the territory of one of the Parties, with final destination to any of them;
d) technical support upon exchange of professionals to improve their training;
e) provision of material means to improve operational conditions and efficacy of professionals and technicians.
ARTICLE 3º
Information exchanges and other aspects pointed out previously between the Contracting Parties if will implement through the Government bodies responsible for the coordination of the combat drugs of both countries, in accordance with the guidelines emanating from the Joint Commission referred to in Article 6.
ARTICLE 4º
The Contracting Parties will be able to negotiate and complete the complementary adjustments required for the application of this Agreement.
ARTICLE 5º
They are competent authorities for the implementation of this Agreement:
By the Government of the Federative Republic of Brazil:
Ministry of Relations Exteriors and the National Antidrug Registry;
By the Kingdom of Spain:
Ministry of Foreign Affairs and Government Delegation for the National Plan on Drugs.
ARTICLE 6º
For the application of this Agreement, an integrated Joint Committee, parity, shall be established by members designated by the competent authorities of the two countries.
Will integrate the Joint Committee by the Brazilian party representatives of the National Antidrug Registry and the Ministry of Foreign Affairs and the Spanish part representatives of the Government Delegation for the National Plan on Drugs and the Ministry of Foreign Affairs.
ARTICLE 7º
The Joint Committee will have the following functions:
a) to serve as a communication between the Competent Authorities of both countries in the framework of the application of this Agreement;
(b) to propose to the competent authorities of both countries the conditions of cooperation in the matter referred to in Article Second to this Agreement;
c) to propose to the Competent Authorities the administrative projects and programs necessary for the implementation of this Agreement;
d) to follow up on the implementation of the programs and exchanges provided for in this Agreement.
ARTICLE 8º
A) The Joint Committee may constitute working groups in its scope and request the collaboration of any other body of Government susceptible to contribute to its work, from the proposal of one of the Contracting Parties;
B) Irrespective of the meetings of the working groups, the Joint Committee will meet two months after the solicitation of one of the Contracting Parties, save in extraordinary cases advising their immediate convocation for analysis of the ongoing work, definition of guidelines and evaluation of the results obtained in the various acting fields.
ARTICLE 9º
The present Agreement shall enter into force on the date of last of the diplomatic notes, upon which the Contracting Parties se we reciprocally notify the fulfillment of its procedures for its entry into force.
This Agreement shall remain in effect indefinitely, unless denunciation of one of the Parties, to which it shall be communicated by way of diplomatic to the other Party in advance of six months.
This Agreement may be modified by mutual agreement between the Parties. The modifications will enter into force as set out in paragraph 1.
Made in Madrid, on November 11, 1999, in two copies, in the Portuguese and Spanish languages, being both texts being equally valid.
__________________________________
BY THE FEDERATIVE REPUBLIC
OF BRASIL
Wálter Fanganiello Maierovtch
National Antidrug Secretary
BY THE KINGDOM OF SPAIN
Gonzalo Robles Orozco
Government Delegate
DAI/SGAP/DE-I/ 01 /PAIN JUST BRAS ESPA
Brasilia, March 26, 2001.
Your Excellence,
Lord César Alba y Fuster
Ambassador of the Kingdom of Spain
Excellent Lord Ambassador,
I have the honour of addressing the Your Excellency for, by the purpose of the Agreement between the Federative Republic of Brazil and the Kingdom of Spain on Cooperation in Matter of Prevention of Consumption and Control of the Illicit Trafficking of Entorpecans and Psychotropic Substances, signed in Madrid, on November 11, 1999, propose the following rectification of the second paragraph of its Article 6:
In place of:
" Will integrate the Joint Committee by the Brazilian part representatives of the National Antidrug Office and the Ministry of Foreign Affairs and the Spanish part representatives of the Government Delegation for the National Plan on Drugs and the Ministry of Foreign Affairs. "
Must- read:
" Will integrate the Joint Committee, by the Brazilian party, representatives of the National Antidrug Registry, the Federal Police Department of the Ministry of Justice and the Ministry of Foreign Affairs and, by the a Spanish part, representatives of the Government Delegation for the National Plan on Drugs and the Ministry of Foreign Affairs. "
Should the Government of the Kingdom of Spain be in agreement, the present Note, together with the answer Note of Your Excellency will constitute understanding for the rectification of the text of the second paragraph of Article 6 of the Agreement, in the above-mentioned terms.
I take advantage of the opportunity to renew Your Excellence the protests of my highest regard.
Celso Lafer
Minister of State for Foreign Affairs of
Federative Republic of Brazil
Brasilia, March 26, 2001.
Núm.: 375 /Ref.: 19-2
To Your Excellency the Lord
Celso Lafer
Minister of the Foreign Relations of the Federative Republic of Brazil
Brasilia, DF
I have the honour to acknowledge receipt of the Note of Your Excellency, of this date, the content of which is as follows:
" Excellent Ambassador,
I have the honour of addressing your Excellency for, by the purpose of the Agreement between the Federative Republic of Brazil and the Kingdom of Spain on Cooperation in Matter for the Prevention of Consumption and Control of the Illicit Trafficking of Entorpects and Psychotropic Substances, signed in Madrid, on November 11, 1999, propose the following rectification of the second paragraph of its Article 6:
In place of:
" Will integrate the Joint Committee by the Brazilian part representatives of the National Antidrug Registry and the Ministry of Foreign Affairs and the Spanish part representatives of the Delegation of the Government for the National Plan on Drugs and the Ministry of Foreign Affairs. "
One must read:
" Will integrate the Joint Committee, by the Brazilian party, representatives of the Registry National Antidrugs, the Federal Police Department of the Ministry of Justice and the Ministry of Foreign Affairs and, by the Spanish part, representatives of the Government Delegation for the National Plan on Drugs and the Ministry of Affairs Exteriors. "
Should the Government of the Kingdom of Spain be in agreement, the present Note, together with the Note of reply of Your Excellency will constitute understanding for the rectification of the text of the second paragraph of the Article 6 of the Agreement, in the above-mentioned terms ".
In response, I communicate to Your Excellency the concordance of the Government of Spain with the terms of the transcribed Note, which, together with the present, constitute agreement for rectification of the text of the second paragraph of Article 6 of the Agreement, in the above-mentioned terms.
I take advantage of the opportunity to reiterate to Your Excellency the protests of my highest regard.
César Alba
Ambassador of Spain to Brazil
