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Decree No. 4,584, Of February 5, 2003

Original Language Title: Decreto nº 4.584, de 5 de Fevereiro de 2003

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DECREE NO. 4,584, OF February 5, 2003.

Institutes the Autonomous Social Service of Brazil-APEX-Brazil Export Promotion Agency and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, incisos IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the Provisional Measure nth 106 of January 22, 2003,

DECRETA:

Art. 1th Is the Autonomous Social Service Autonomous Agency of Export Promotion of Brazil? APEX-Brasil, legal person of private law, not-for-profit, of collective interest and of public utility, as disposed of in art. 1th of the Provisional Measure nth 106, of January 22, 2003.

Art. 2th Compete to APEX-Brazil the implementation of export promotion policies, in cooperation with the Public Power, in accordance with national development policies, particularly those concerning industrial, commercial, services and technology.

Single paragraph. In promoting the actions of which it treats this article, APEX-Brasil should give special focus to the export activities that favour small businesses and the generation of jobs.

Art. 3th APEX-Brasil will have the following direction structure:

I-Deliberative Council;

II-Fiscal Council; and

III-Directoria-Executive.

Art. 4th The Deliberative Council, APEX-Brasil's top steering body, is responsible for the definition of the following subjects, in addition to those constants of social status:

I-approve the social status of the entity;

II-approve the institutional acting policy in consonance with the management contract concluded with the Executive Power, in accordance with the provisions of the inciso I of the art. 9th of the Provisional Measure nth 106, of 2003;

III-deliberation on the approval of planning strategic of the entity;

IV-deliberation on the approval of the annual work plans and the reports of monitoring and evaluation;

V-deliberation on the approval of the proposal of the budget-program and the plan of applications submitted by the Directorate-Executive;

VI-deliberation on the approval of the annual balance sheet and the respective provision of Directoria-Executive;

VII-deliberation on the proposal of the Board-Executive Director regarding the personnel management plan and the plan of posts, salaries and benefits, as well as on the personnel framework of the entity;

VIII-analyzing and deliberating on the approval of the bid manual presented by the Executive Directorate, and its subsequent amendments, observed the provisions of the art. 21 of the Provisional Measure n 106, of 2003; and

IX-set the value of the remuneration of the members of the Executive Director-Executive, noted the provisions of the art. 10 of the Provisional Measure n 106, from 2003.

§ 1th The Deliberative Council shall be composed of a representative of each of the following organs and entities related, with their respective alternates, all with two-year tenure:

I-Ministry of Development, Industry and Foreign Trade;

II-Ministry of Foreign Affairs;

III -Exterior Chamber of Commerce? CAMEX;

IV-National Bank for Economic and Social Development? BNDES;

V-National Confederation of Industry? CNI;

VI-Brazilian Foreign Trade Association of Brazil? AEB; and

VII-Brazilian Service Support for Micro and Small Business? SEBRAE.

§ 2th The President of the Deliberative Council will be elected from among the advisors, by majority simple.

§ 3th The member of the Deliberative Council will be stripped of the post by virtue of resignation or by decision of two thirds of the members of the Council, in the chances of conviction in disciplinary administrative procedure, when its procedure is declared incompatible with the administrative decorum, when it omits in relation to the duties that the post it imposes it on a statutory standard and when it is convicted in proceedings with a court ruling carried on trial.

Art. 5th The Fiscal Council, the body responsible for the oversight and internal control of APEX-Brasil, is responsible for the following subjects, in addition to those constants of social status:

I-scrutinize the administrative, budgetary, accounting and heritage management of the entity, understanding the acts of the Council Deliberative and of the Executive Directorate, observed the provisions of the management contract; and

II-deliberation on the approval of the annual balance sheet and the respective accountability of the Executive Directorate, after its approval by the Deliberative Council.

§ 1th The Fiscal Council will be composed of a representative of the Ministry of Development, Industry and Foreign Trade, a representative of CAMEX and a member of the SEBRAE, and its respective alternates, all with two-year tenure.

§ 2th The President of the Fiscal Council will be elected from among the advisors, by majority simple.

§ 3th The Fiscal Council, at the request of any of its members, will request the organs of the Administration of APEX-Brazil information or clarifications, provided that relative to its supervisory function, as well as the drafting of specific financial statements or accounting.

§ 4th Will be stripped of the post the member of the Fiscal Council that incurring any of the situations of which it treats the § 3th of the art. 4th or that cease to appear, without justification, to three consecutive ordinary meetings or to six alternating ordinary meetings during the term of office.

Art. 6th The Executive Director is the body responsible for the management of APEX-Brasil, in compliance with the policy approved by the Deliberative Council, by competing with it:

I-comply and enforce the statute and the guidelines of the entity;

II-comply and enforce the management contract concluded with the Power Executive;

III-elaboration and execute the strategic planning of the entity;

IV-elaborating and executing the work plans, as well as producing the follow-up and evaluation reports;

V-elaboration and execute the proposal of the budget-program;

VI-elaborating the annual balance sheet;

VII-accounts as to the execution of the management contract;

VIII-elaboration of personnel management plan and plan of posts, salaries and benefits, as well as the personnel framework of the entity;

IX-elaborating proposal of manual bidding, as well as its subsequent amendments, observed the provisions of the art. 21 of the Provisional Measure nth 106, of 2003; and

X-exercise the remaining assignments that the statute define.

§ 1th The Executive Director shall be composed of a President, appointed by the President of the Republic, and by two Directors, indicated by the Deliberative Council and appointed by the President of APEX-Brasil, demissile "ad nutum", all for a period of four years, and may be re-conducted a single time for equal period.

§ 2th The assignments and technical requirements-minimum professionals for the members of the Executive Directorate-Executive will be defined in the social status of the entity.

§ 3th The provisions of § 2nd shall not apply in the composition of the first Directorate-Executive of APEX-Brasil.

Art. 7th Compete to the Minister of State for Development, Industry and Foreign Trade overseeing the management of APEX-Brasil.

§ 1th The Ministry of Development, Industry and Foreign Trade, in conjunction with APEX-Brasil, will define the terms of the management contract, observed the provisions of the Measure Provisional nth 106, from 2003.

§ 2th The Ministry of Planning, Budget and Management and the House Civil of the Presidency of the Republic should first analyze the management contract, being the favourable pronouncement of these pre-requisite bodies for their signature.

§ 3th The management contract will be published in the Official Journal of the Union, by the Ministry of Development, Industry and Foreign Trade, on the occasion of its celebration, review or renovation, in up to fifteen days, counted from its signature.

§ 4th The Minister of State for Development, Industry and Foreign Trade will designate the administrative unit, among the existing ones in the structure of the Ministry, tasked with the monitoring of the management contract.

§ 5th The management contract will stipulate the goals, objectives, deadlines and responsibilities for its execution, as well as will specify the objective criteria for evaluation of the application of the resources passed to APEX-Brasil and the following minimum elements:

I-goals and goals of the entity, with their respective annual action plans, achievement deadlines and performance indicators;

II-demonstrative compatibility of the annual action plans with the budget-program and with the disbursement schedule, by source;

III-responsibilities of the signatories in relation to the achieving of the defined goals and targets, including on the provement of means necessary to achieve the proposed results;

IV-penalties applicable to the entity and its leaders, commensurate with the degree of the unfulfillment of the contracted goals and targets, as well as possible misdemeanour committed;

V-conditions for your review, renewal, and termination; and

VI-duration.

§ 6th The contract of management will have the minimum duration of two years, and may be modified in the willing manner in the inciso VII of the art. 9th of the Provisional Measure n 106, of 2003, as well as being renewed, provided that it submitted to the analysis and approval referred to in § 2th of this article.

§ 7th The Executive Directorate-Executive will submit annually for analysis and deliberation of the Ministry of Development, Industry and Foreign Trade the budget-program of APEX-Brazil to implementation of the activities provided for in the management contract, noted the provisions of the inciso IV of the art's caput . 4th.

§ 8th On the occasion of the end term of the management contract, will be carried out by the Ministry of Development, Industry and Trade Exterior assessment conclusive assessment of the results achieved.

Art. 8th APEX-Brasil shall, annually, present to the Ministry of Development, Industry and Foreign Trade, until January 31, detailed report on the execution of the management contract in the previous financial year, containing, at a minimum, the following information:

I-provision of accounts of the resources applied in the exercise;

II-the overall assessment of the performance of the entity in relation to the indicators set out in the management contract; and

III-manageable managerial analyses.

Single paragraph. By March 31 of each exercise, the Ministry of Development, Industry and Foreign Trade will review the report that it treats this article and issue opinion on the fulfillment of the management contract by APEX-Brasil.

Art. 9th The Executive Director shall refer to the Court of Auditors of the Union, until March 31 of the year following the termination of the financial year, the provision of accounts of the annual management approved by the Deliberative Council, accompanied by the manifestation of the Fiscal Council, without prejudice to the provisions of art. 17 of the Provisional Measure nth 106, from 2003.

Art. 10. APEX-Brasil and the SEBRAE will constitute specific work commission to adopt the necessary procedures for the effectivation of the measures of which they treat the arts. 19 and 20 of the Provisional Measure no 106, from 2003.

Art. 11. The SEBRAE, by mutual agreement with APEX-Brasil, by means of the applicable legal instruments, will transfer to APEX-Brasil the rights and duties regarding contracts, arrangements, agreements and too many instruments dealing with the projects and programs running by its administrative unit called the Export Promotion Agency? APEX, as well as the resources reserved for this purpose.

Single paragraph: The willing in the caput of this article does not apply to resources received by the SEBRAE after the edition of the Interim Measurement nth 106, from 2003.

Art. 12. Can SEBRAE be able to further the contracts, arrangements, agreements and too many instruments dealing with the projects and programmes running by its administrative unit called the Export Promotion Agency? APEX, as well as the respective expenses relating to the costing of personnel and maintenance, up to the registration of the constitutive acts of APEX-Brasil, upon reckoning of the values that have been dispended since the edition of the Interim Measure nth 106, of 2003, when you transfer the rights and duties provided for in the art. 11 of this Decree.

Art. 13. It shall be repealed the Decree nth 2,398 of November 21, 1997, as of February 21, 2003.

Art. 14. This Decree comes into effect on the date of its publication.

Brasilia, February 5, 2003; 182th of Independence and 115th of the Republic.

LUIZ INACIO LULA DA SILVA
Luiz Fernando Furlan