DECREE NO. 4,390, OF September 26, 2002

Disposes on the execution of the Quadragumth First Protocol Additional to the Economic Supplementation Agreement No. 18 (Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) of the World Trade Organization), between the Governments of the Federative Republic of the Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, of July 31, 2002.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution,

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

Whereas the Partial Reach Agreement of Economic Supplementation No. 18, of November 29, 1991, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, it was promulgated by Decree No. 550 of May 27, 1992;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, on the basis of the Treaty of Montevideo of 1980, signed, on July 31, 2002, in Montevideo, the Quadragth First Additional Protocol to the Economic Supplementation Agreement No. 18 (Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 (GATT) of the World Trade Organization), between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Republic Eastern Uruguay;

D E C R E T A:

Art. 1º The Quadragth First Additional Protocol to the Economic Supplementation Agreement No. 18 (Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) of the World Trade Organization) of July 31, 2002, among the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º This Decree comes into force on the date of its publication.

Brasilia, September 26, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

ECONOMIC COMPLEMENTATION AGREEMENT NO. 18, CONCLUDED BETWEEN ARGENTINA, BRAZIL, PARAGUAY AND URUGUAY

Quadragth First Additional Protocol

The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay, accredited by their respective Governments second powers bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI),

HAVING IN A VIEW TO Decision No. 13/02 of the Common Market Council of MERCOSUR,

CONVVE IN:

Article 1º-Adopt, within the framework of the Economic Supplementation Agreement No. 18 the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) of the World Trade Organization, for the application of anti-dumping measures in the intrazone trade.

Article 2º-Case arises a controversy over the application in the intrazone trade of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 (GATT) of the World Trade Organization, the parties, by mutual agreement, will be able to consent to the venue in which to resolve it. Should an agreement not be reached regarding the venue, the controversy could be resolved within the framework of the WTO or as per the regime of solution of the prevailing controversies in MERCOSUR, in the understanding that when the State Party complainants opts for a system of solution of controversies, the other one gets excluded.

Article 3º-The present Protocol will apply to the initiated investigations of offending, or on the basis of accepted petitions, from August 4, 2002.

Article 4º-The additional disciplines for the application of anti-dumping measures in the unbrought trade already agreed upon between the Signatory Countries, and those to be agreed upon in compliance with the mandated mandates, shall prevail over the application of this Protocol and the General Agreement on Tariffs and Trade 1994 (GATT) of the World Trade Organization.

Article 5º-The present Protocol will be vigorously effective from August 4 of 2002.

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

IN FÉ THAN, THE RESPECTIVE Plenipotentiaries sign the present Protocol in the city of Montevideo, at the thirty-one days of the month of July two thousand and two, in an original in the Portuguese and Spanish languages, being both texts being equally valid.

Juan Carlos Olima

By the Government of the Argentine Republic

Bernardo Pericás Neto

By the Government of the Federative Republic of Brazil

José María Casal

By the Government of the Republic of Paraguay

Elbio Rosselli Frieri

By the Government of the Oriental Republic of Uruguay