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Decree No. 6832, April 29 2009

Original Language Title: Decreto nº 6.832, de 29 de Abril de 2009

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DECREE NO. 6,832, OF April 29, 2009.

Promulga the Treaty between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname on Mutual Legal Assistance in Criminal Matters, celebrated in Paramaribo, on February 16, 2005.

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

Whereas the Government of the Federative Republic of the Brazil and the Government of the Republic of Suriname celebrated, in Paramaribo, on February 16, 2005, a Treaty on Mutual Legal Assistance in Criminal Matters;

Whereas the National Congress has approved this Agreement through Legislative Decree no 297, of October 26, 2007;

DECRETA:

Art. 1o The Treaty between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname on Mutual Legal Assistance in Criminal Matters, celebrated in Paramaribo, on February 16, 2005, 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 revision of the said Agreement, as well as any further adjustments which, pursuant to the art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3o This Decree comes into effect on the date of its publication.

Brasilia, April 29, 2009; 188th of Independence and 121th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

TREATED BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME ON ASSISTANCE

MUTUAL LEGAL IN CRIMINAL MATTERS

The Government of the Federative Republic of Brazil

e

The Government of the Republic of Suriname

(henceforth termed?),

Wishes to improve the effectiveness of the law enforcement authorities of both countries, in the investigation, investigation and prevention of crime through cooperation and mutual legal assistance in criminal matters,

Wake up the following:

ARTICLE 1

Reach of Assistance

1.The Parties shall provide one to the other mutual legal assistance, in the devices of this Treaty, in relation to the investigation, investigation and prevention of crimes and prosecutions relating to the criminal matter, within the limits of their legislations.

2.The Parties shall exchange, by means of their Central Authorities, a list of competent authorities to request mutual legal assistance upon the present Treaty.

3.The assistance will include:

a) outlet of testimony or statements of persons, including by medium of teleconferencing or video conferencing, in accordance with the internal legislation of the Redear Part;

b) supply of documents, records and other materials of proof;

c) delivery of court documents or other nature;

d) localization or identification of persons or objects, when requested as part of a more comprehensive request for proofs;

e) transfer of persons in custody, in accordance with article 12;

f) execution of search and apprehension requests;

g) identification, tracking, unavailability, hijacking, confounding and disposition of crime and assistance products in related processes;

h) return of assets, in accordance with the internal legislation of the Part Required;

i) exchange of information on the legislation of the Parties;

j) any other form of assistance that is not prohibited by the internal Party legislation Required.

4.Assistance will be provided even if the conduct subject to investigation, inquiry or criminal action is not punishable under the legislation of both Parties.

5.The assistance requested shall not be impeded by bank secrecy or any other kind of legal secrecy provided that the secrecy has been broken by a judicial decision of a competent judicial authority of any of the Parties.

6.O this Treaty is intended to-if it is-only to the mutual legal assistance between the Parts. Your devices will not give right to any individual to obtain, suppress or delete any evidence or prevent a solicitation from being met.

ARTICLE 2

Central authorities

1.Each Party shall designate a Central Authority to send and receive solicitations pursuant to this Treaty. The Central Authorities shall communicate directly to the purposes stipulated in this Treaty.

2.For the Federative Republic of Brazil, the Central Authority will be the Ministry of Justice. For the Republic of Suriname, the Central Authority will be the Prosecutor-General's Office.

3.Should any Party change its designated Central Authority, it should inform the other Party of such a change by the diplomatic channels.

ARTICLE 3

Assistance Denegation

The present Treaty does not se will apply in the following cases:

a) search, arrest or incarceration of person prosecuted or criminally prosecuted with the intention to obtain the extradition of the person;

b) execution of criminal sentences.

ARTICLE 4

Restrictions on Assistance

The Redear Part can deny assistance if:

a) the solicitation to refer to the offence provided for in the military legislation, without, in the meantime, constitute common crime;

b) the call for the solicitation to harm its sovereignty, security, public order or other essential public interests;

c) the Party Required have already delivered judgment or final decision on the same person for the same offence referred to in the solicitation;

d) the solicitation to refer to political offence;

e) the Redear Part has substantial grounds to believe that the solicitation was made with a view to investigating, prosecuting, punishing, or proceeding in any other way against a person because of his / her race, sex, religion, nationality or political opinion, or that the position of that person may be impaired by any of those reasons; or

f) the request is not made of compliance with this Treaty.

ARTICLE 5

Forma and Contents of Requests

1.The request for assistance should be made in writing.

2.In case the request for assistance is transmitted via facsimile, electronic mail, or equivalent means, it should be confirmed, in original documentation signed by the requesting authority, within 15 days, unless the Central Authority of the Part Required agree that it is done otherwise.

3.In the event of an urgency, the solicitation may be submitted in advance in the oral form; in this case, it should be supplemented immediately by facsimiles, electronic mail, or other equivalent means, and must be confirmed, in original documentation signed by the requesting authority, within 15 days, unless the Central Party of Part Redear agrees that it is done otherwise.

4.The solicitation should contain the following information:

a) the name and the post of the authority that conducts the procedure related to the solicitation;

b) the description of the matter and the nature of the investigation, the inquiry, or the process, including, as far as it is known, the devices of the law applicable to the case to which the solicitation refers;

c) description of the proof, information, or other type of assistance intended;

d) statement of the purpose for which the proof, information or other assistance are requested;

e) the text of applicable criminal legislation;

f) identity, including but not limited to the nationality, of the persons subject to the process, when known.

5.When necessary and possible, the solicitation should also contain:

a) information about the identity and location of any person with respect to which a proof is sought;

b) information about the identity and location of a person to be subpoenaed, their involvement with the process and the form in which the subpoena is to be made;

c) information about the identity and whereabouts of a person to be found;

d) precise description of the location or person to be searched and of the goods to be seized;

e) list of the questions to be asked to the witness as well as, if necessary, description of the way the testimony or statement should be taken and registered;

f) description of any special procedure to be followed in the fulfilment of the request;

g) information as to the cost aid and the ressaration of expenses to which the person is entitled when summoned to appear before the Applicant Party; and

h) any other information that can be brought to the notice of the Redear Part, to facilitate the fulfillment of the solicitation;

ARTICLE 6

Languages

1.The supporting solicitations and documents produced in accordance with this Treaty shall be accompanied by translation in the official language of the Redear Party.

2.The Requested Party may use its official language when it provides assistance to the Applicant Party.

3.The Central Authorities of the Parties may communicate in English, with the exception of the situations listed in items 1 and 2 of that Article, situations in which prior authorization for the use of English may also be provided by the Redear Party, to its criterion.

4.The translations certified by any of the Central Authorities do not need any other type of certification.

ARTICLE 7

Fulfillment of Requests

1.The Requested Party will immediately meet the solicitation, in accordance with its internal law. The competent authorities of the Redear Party shall make every effort to meet the solicitation.

2.The solicitations will be complied with in accordance with the laws of the Redear Party, unless the terms of this Treaty otherwise have them. The method of fulfillment specified in the solicitation shall meanwhile be followed, except in respect of the prohibitions laid down by the laws of the Redear Party.

3.Should the Central Party of the Redear Party conclude that the fulfilment of a solicitation interfered in the course of an investigation, an inquiry, or an ongoing proceeding in that Party, may delay the fulfilment of that solicitation, or subject the fulfillment of the conditions judged necessary after consultations with the Central Authority of the applicant Party. Should the Applicant Party accept such conditional assistance, it shall comply with the conditions stipulated.

4.The Central Authority of the Redear Party shall arrange for what is necessary for the representation of the Applicant Party in the Redear Party in any procedures arising from the solicitation of assistance provided for in this Treaty.

5.The Requested Party shall immediately inform the Applicant Party about the result of the fulfilment of the solicitation.

ARTICLE 8

Confidentiality and Restrictions to Use

1.The Requested Party, when requested, will maintain the confidentiality of any information that can indicate that the solicitation has been made or answered. If the solicitation cannot be complied with without infringing that character of confidentiality, the Redear Party will inform that fact to the Applicant Party, which will decide to what extent it wishes the solicitation to be fulfilled.

2.The Requesting Party will not use or disclose any information or proof obtained by virtue of this Treaty for any purpose other than for the case described in the solicitation, without prior consent of the Redear Party.

3.Information or evidence, the content of which has been disclosed in a public judicial or administrative hearing related to the solicitation, may subsequently be used for any purpose unless there is any contrary indication of the Part Required when fulfillment of the request.

4.Nothing in this Article shall prevent the use or disclosure of information, to the extent that there is an obligation to do so in accordance with the legislation of the Party Plaintiff in criminal proceedings. The Requesting Party shall notify, in advance, the Required Party of any disclosure, except if it is proven that it is absolutely impossible.

ARTICLE 9

Costs

1.The Required Part will pay all costs for the execution of the order, except at the following hypotheses:

a) expert's fees, cost aid and expenses related to the travel of persons, pursuant to Articles 10 and 11;

b) costs of the assembly and operation of videoconferencing and the interpretation of such procedures;

c) costs of the transfer of persons in custody under Article 12. Such fees, costs, cost aid and expenses shall be paid by the Applicant Party, inclusive of transcription and the interpreting service, if they have been requested.

2.Should the Central Authority of the Party Redear inform the Central Authority of the Party Applicant that the fulfilment of the solicitation may require costs or other resources of an extraordinary nature, the Central Authority of the Parties shall consult with, in order to determine the conditions under which the solicitation will be fulfilled and the manner in which such costs will be allocated.

ARTICLE 10

Tomada de Testimony and Proof Production

in the Territory of the Redear Part

1.A person in the territory of the Redear Party from whom it is requested proves, pursuant to this Treaty, it shall be obliged, if necessary, to present itself and to bear witness or display documents, records or articles of evidence by subpoena or other methods permitted under the legislation of the Redear Part.

2.A person requested to testify or produce documentary information or items on the territory of the Redear Party may be required to do so in accordance with the legal requirements of the Redear Party. Should such a person random condition of immunity, incapacity or privilege provided for in the law of the Applicant Party, the evidence shall, notwithstanding, be obtained, and the claim brought to the notice of the Applicant Party, for the decision of the authorities of that Party.

3.Upon request, the Central Authority of the Redear Party will anticipate information on the date and place of the proof-taking, in accordance with the provisions of this Article.

4.The Requested Party may allow for the presence of persons, indicated in the solicitation, in the course of fulfilment of the solicitation and may allow such persons to submit questions to be made to the person who will give testimony or present proof.

ARTICLE 11

Testimony in the Applicant Part

1.A solicitation made on the basis of this Treaty may seek assistance to facilitate the turnout of any person on the territory of the Applicant Party for the purpose of providing evidence before a court or to be identified, or otherwise by its presence, assist any procedure. The Requesting Party will indicate to what extent the expenses will be paid.

2.The Central Authority of the Redear Party should:

a) ask the person whose turnout volunteer on the territory of the Applicant Party is desired if she agrees to attend; and

b) inform, immediately, the Central Authority of the Applicant Party, of the person's response.

3.Se the Central Authorities of both Parties consent, a person who agrees to to appear in the territory of the Applicant Party pursuant to this Article shall not be subject to subpoena, detention or any restriction of personal liberty, resulting from any acts or convictions precedes at its exit from the territory of the Redear Party.

4.The immunity provided on the basis of this Article shall lose its validity fifteen days after the Central Authority of Part Applicant has notified the Central Authority of the Redear Party that the presence of the person is no longer necessary, or if the person has left the territory of the Applicant Party and to it returned voluntarily.

ARTICLE 12

Trasside of People under Custody

1.A person in the custody of a Party, whose presence on the territory of the other Party is requested for assistance purposes, pursuant to this Treaty, shall be transferred to that end, should the person and the Central Authorities of both Parties so consinate.

2.For purposes of this Article:

a) the Party Applicant will be responsible for the security of the person transferred and will have the authority and obligation to keep this person in custody, unless otherwise authorized by the Redear Part;

b) the Applicant Party will return the person transferred to the custody of the Redear Party as soon as the circumstances permit and in no way after the date on which she would be released of custody in the territory of the Redear Part, save in the event of the contrary understanding of both the Central Authorities and the transferred person;

c) the Applicant Party will not require the Part Redear the opening of extradition process for the return of the person transferred;

d) the period of custody in the territory of the Redear Part will be deducted from the period of detention, which the person in question is or will be obliged to comply in the territory of the Applicant Party.

ARTICLE 13

Delivery of Documents

1.The Requested Party shall engage in order to provide for the delivery of any documents relating, in whole or in part, to any request for assistance made by the requesting Party, in accordance with the devices of this Treaty.

2.The Central Authority of the Applicant Party shall transmit any solicitation for the delivery of documents requesting the attendance of a person before authority or judge in the Requesting Party within a reasonable time before the commencement of the commencement marked.

3.The Requested Party will present the delivery voucher, where possible, in the form specified in the solicitation.

ARTICLE 14

Official Records

1.The Requested Party shall provide the Requesting Party with copies of the publicly available official records, including documents or information of any nature, which are found to be in possession of the authorities of the Redear Party.

2.The Requested Party may provide, even if not available to the public, copies of any records, including documents or information in any means that are under the guard of authorities in that Party, to the same extent and under the same conditions in that such copies would be available to their own police, judicial or public prosecutor authorities.

3.The official records provided by virtue of this Article shall be authenticated by the Central Authority of the Redear Party. No further authentication or certification will be required for such records to be admissible as evidence in the proceedings in the territory of the Applicant Party. Records provided by virtue of this Article may also be authenticated in other ways or ways, which can be agreed upon, of time in time, by the Central Authorities.

ARTICLE 15

Cautelary measures

1.At the request of the Applicant Party, and in case the procedure endorsed by the application does not appear inadmissible or inopportune under the legislation of the Redear Party, precautionary measures shall be ordered by the competent authority of the Redear Party in order to maintain an existing situation, to protect threatened legal interests or to preserve evidence.

2.When there is periculum in mora and if the information provided allows it to examine whether the necessary conditions have been met, these measures could be ordered since the announcement of an application. The precautionary measures shall be revoked if the Applicant Party does not submit the application at the time specified for that purpose.

ARTICLE 16

Tracking, Search, Lock, and Apprehension

1.The Requested Party will comply with any solicitation for tracking, seeking, blocking, seizure and delivery of any article to the Applicant Party, provided that the request contains information justifying such action, under the laws of the Redear Party, and be performed in accordance with the laws of that Party.

2.The Requested Party may deny a solicitation if this relates to conduct for which the powers of tracking, search, blocking and seizure would not be practiced in the territory of the Redear Party under similar circumstances.

3.The Central Authority of the Redear Party may request that the Applicant Party agree to the terms and conditions that the Part Redear judges necessary to protect the interests of third parties as to the good to be transferred.

ARTICLE 17

Devolution of Documents, Records, and Articles

from Proof to the Redear

The Central Authority of Part Applicant will return any documents, records or proof articles provided to it in the fulfillment of an object request of this Treaty as soon as it is feasible, unless the Central Authority of the Redear Party renounces the return of the documents, records or articles.

ARTICLE 18

Assistance in Permit Processes

1.The Parties shall assist themselves in proceedings involving identification, tracking, blocking, kidnapping and pervade of proceeds and instruments of the crime in accordance with the internal law of the Redear Party.

2.Should the Central Authority of a Party know that products and instruments of the crime are located in the territory of the other Party and may be subject to blocking, kidnapping and pervation under the laws of that Party, it may inform the other Central Authority. Should the notified Party have jurisdiction, such information may be submitted to its authorities to determine whether any action is deemed to be necessary. These authorities will decide in accordance with the laws of your country, and the Central Authority of that country will ensure that the other Party has knowledge of the action taken.

ARTICLE 19

Asset Devolution

1.Where a crime has been committed and a conviction obtained in the Applicant Party, the assets seized by the Redear Party may be returned to the Applicant Party for the purpose of pervection in accordance with the internal law of the Redear Party.

2.Where the Redear Party apprehends or confiscates assets that constitute public funds, having been washed or not, and which have been unduly appropriated from the Requesting Party, the Redear Party shall return the assets hijacked or seized, by deducting any operating costs, for the Applicant Party.

3.The rights claimed by victims and third parties in good faith about these assets will be respected.

4.The devolution will happen, via rule, based on final decision in the Applicant Party. However, the Redear Party will be able to return the assets prior to the completion of the procedures in accordance with its internal law.

5.The share of assets is not provided for in this Treaty. The Parties agree, meanwhile, to negotiate, in the future, an instrument that will contemplate the possibility of sharing assets that are proceeds of crime or of it derives from it. Such an instrument shall not be applicable to the case mentioned in paragraph 2 of this Article.

ARTICLE 20

Spontaneous information

1.The Central Authority of a Party may, without prior solicitation, send information to the Central Authority of the other Party, when it considers that the disclosure of such information could assist the Part-vessel to initiate or conduct investigations or processes, or may lead to a solicitation of that Party, in accordance with this Treaty.

2.The supplier Party may, pursuant to its domestic law, impose conditions on the use of such information by the Part vessel. The container Party will be limited by these conditions.

ARTICLE 21

Compatibility with other Treaties

The assistance and procedures laid down in this Treaty will not constitute impediment for any of the Parties to assist to the other through devices of other international agreements to which they are part or on the basis of devices of their internal laws. The Parties may, as yet, be able to provide assistance under any treaty, agreement or other practice that may be applicable among the law enforcement bodies of the Parties.

ARTICLE 22

Consultations

The Authorities Central to the Parties shall consult, upon request by any of the Parties, regarding the interpretation, application and implementation of this Treaty, generically or in relation to a particular case. The Central Authorities may also agree on the practical measures that are necessary to facilitate the implementation of this Treaty.

ARTICLE 23

Ratification and Vigence

1.The present Treaty shall be ratified and the instruments of ratification shall be exchanged as briefly as possible.

2.This Treaty shall enter into force by the exchange of instruments of ratification.

3.Requests made pursuant to this Treaty may apply to crimes committed prior to their entry into force.

ARTICLE 24

Denpronunciation

1.Any of the Parties may denounce this Treaty by means of written notification to the other Party by sending it through the diplomatic channels.

2.The complaint shall take effect six months after the date of notification.

3.Requests made before the written notification, or received during the six-month period of notification, will be resolved in accordance with this Treaty.

ARTICLE 25

Controversies Solution

The Parties engage to resolve controversies regarding the interpretation or application of this Treaty by means of diplomatic channels.

In faith of what, the undersigned, duly authorized by their respective Governments, have signed this Treaty.

Made in two exemplars, in Paramaribo, on the February 16, 2005, in the languages Portuguese, Dutch and English, being all texts being equally authentic. In case of divergence, the text in English shall prevail.

_________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

___________________________

BY THE GOVERNMENT FROM THE REPUBLIC

FROM SURINAME