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Provisional Measure No. 2,153-2, Of 5 June 2001

Original Language Title: Medida Provisória nº 2.153-2, de 5 de Junho de 2001

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PROVISIONAL MEASURE NO. 2.153?2, OF June 5, 2001

Creates the Amazon Development Agency? ADA, extinguish the Superintendence of the Development of the Amazon-SUDAM, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

CHAPTER I

OF THE DEVELOPMENT OF THE AMAZON

Section I

From the Plan of Development of the Amazon

Art. 1º The Amazon Development Plan will be multi-annual and comply with the general guidelines of the regional development policy.

Art. 2º The Plan of Development of the Amazon covers the States of the Acre, Amapá, Amazonas, Mato Grosso, Pará, Rondônia, Roraima, Tocantins and the parcel of the State of the Maranhão that is situated West of the Meridian 44 ° West Longitude.

Section II

From the Amazonian Development Fund

Art. 3º Is the Amazon Development Fund set up, of an accounting nature, to be managed by the Amazon Development Agency? ADA, with the purpose of securing resources for the realization of investments in the Amazon, pursuant to this Interim Measure.

Single paragraph. The Executive Power shall have on the application of the resources, observed that the application of parcel equivalent to ten per cent of the resources of which they treat the § § 2º and 3º of the art. 4º will be conditional on the counterpart, of equal amount, of States and Municipalities.

Art. 4º Constitute resources of the Amazon Development Fund:

I? budget allocations to the National Treasury resources account;

II? possible results of financial applications of its resources;

III? product of the disposition of securities and dividends of shares to it linked; and

IV? other resources provided for in law.

§ 1º In the 2001 financial year, the allocation of the resources of which it treats the inciso I of the caput will be R$ 308,000,000.00 (three hundred and eight million reais).

§ 2º In the exercise of 2002, the allocation of the resources of which treats the inciso I of the caput will be R$ 440,000,000.00 (four hundred and forty million reais).

§ 3º From 2003 and up to the financial year 2013, the annual allocation of resources of the National Treasury for the Amazon Development Fund will be equivalent to the value of the endowment referred to in § 2º, updated by the accumulated change in net current revenue of the Union, in the form of the regulation.

§ 4º The financial availabilities of the Amazon Development Fund will be deposited in the National Treasury Single Account.

Art. 5º Are deductible from the repass of the resources of which it treats inciso I of the caput of the art. 4º, the plots equivalent to the tax incentive options, relating to the Statutory Person Income Tax, exercised by the companies, as well as any resource commitments arising from tax incentive options under the Fund of Investments from the Amazon? FINAM.

Single Paragraph. Noted the provisions of the caput, the financial resources of which they treat the § § 2º and 3º of the art. 4º will be repassed in full to the Amazon Development Fund in the form of monthly twelfths.

Art. 6º The Amazon Development Fund will have as agents operators the Bank of Amazonia S.A. and others federal official financial institutions, to be defined in an act of the Executive Power, which will have, among others, the following competences:

I? scrutinize and attest to the regularity of the projects under their driving; and

II? propose the release of financial resources for the projects authorized by ADA.

Single paragraph. The Executive Power will have on the remuneration of the operator agent.

Art. 7º The participation of the Amazon Development Fund in the investment projects will be limited to one percent of the value of the total inversions forecasted for project deployment, as we dispose of the regulation.

Single paragraph. The participation referred to in the caput will be represented by convertible debentures in shares, whose exercise by ADA is limited to fifty percent of the stake.

Section III

From the Board Deliberative for the Development of the Amazon

Art. 8º The Deliberative Council of the Superintendency of Amazonian Development passes the denomininar? se Deliberative Council for the Development of the Amazon and it will integrate the structure of the Ministry of National Integration.

Art. 9º To the Deliberative Council for the Development of the Amazon competes:

I? approving the Amazon Development Plan and the Multiannual Funding Plan;

Il? establish guidelines and priorities for the financing of regional development;

III? to supervise the execution of the Amazon Development Plan and compliance with the guidelines referred to in the inciso II; and

IV? approving the management contract of the entity responsible for the implementation of the Amazon Development Plan.

Art. 10. The Deliberative Council for the Development of the Amazon reunite? se?á, ordinarily, once every semester, and, extraordinarily, in the form of the regulation.

Section IV

From the Agency of Development of Amazonia

Art. 11. Is it created the Amazon Development Agency? ADA, of a municipal nature, bound by the Ministry of National Integration, with the aim of implementing policies and viabilizing instruments of development of the Amazon.

§ 1º ADA has headquarters and venue in the city of Bethlehem, State of Pará.

§ 2º The acting area of ADA is the one defined in the art. 2º of this Provisional Measure.

Art. 12. Will ADA be directed at collegiate regimen by a board composed of a Director?General and three Directors.

§ 1º The basic organization and competencies of the units will be established in an act of the Executive Power.

§ 2º Will the structure of ADA an Attorney-General and an Audit be integrated?General.

Art. 13. The Director?General and the remaining Directors will be appointed by the President of the Republic, being at least one of them chosen from among federal public servants.

§ 1º The Directors will be appointed after approval by the Federal Senate, on the terms of point? f? of the inciso III of the art. 52 of the Constitution.

§ 2º The regulation will have on the form of replacement of the Directors in their impediments.

Art. 14. It is hereby prevented from exercising direction of ADA the person who, in the twelve months prior to the date of his appointment, has held any of the following links with company that has project to it submitted or by it approved:

I? direct participation as a shareholder or partner, with an interest exceeding five per cent of the social capital;

II? administrator, manager or member of board of directors or fiscal; or

III? employed, albeit with a suspended work contract.

Art. 15. They are ADA competencies:

I? to propose and coordinate the deployment of the Amazonian Development Plan, under supervision of the Ministry of National Integration;

II? manage the Amazonian Development Fund;

III? approve projects to be implemented within the framework of the Amazon Development Fund;

IV? authorize contracting and release resources from the Amazon Development Fund, upon proposition of the operator agent;

V? audit and evaluate the results of the application of the resources of the Amazonian Development Fund;

VI? implement studies and research aimed at identifying potential and vulnerabilities partner? economic and environmental vulnerabilities and propose strategies and actions compatible with regional space;

VII? strengthen the productive structures of the region, starting from the mobilization of their potential;

VIII? promote actions aimed at social development in the region;

IX? structuring and implementing networks of information in support of productive activities;

X? promote technical, technological and financial cooperation with national or international bodies, aimed at integration and regional development;

XI? to draw up feasibility studies of integration and regional development projects;

XII? implement managerial capacity-building programs, training and qualification of human resources appropriate to the regional market;

XIII? conduct territorial planning and management studies and evaluate impacts of integration and development actions in the region, especially from the environmental point of view; and

XIV? check the suitability of the projects to the regional development policy.

Art. 16. Compete to the Colegified Directorate:

I? exercise the management of ADA;

II? edit standards on ADA competency matters;

III? approve the internal regiment of ADA;

IV? comply with and enforce the guidelines and proposals approved by the Deliberative Council for the Development of Amazonia;

V? verifying the compatibility of the projects with the Amazon Development Plan and with the guidelines and priorities set by the Deliberative Council for the Development of the Amazon;

VI? approve and authorize the hiring of projects to be executed with resources from the Amazon Development Fund;

VII? forward the ADA budget proposal to the Ministry of National Integration;

VIII? forward the management reports and accounting demonstratives of ADA to the competent bodies;

IX? authorize the disclosure of reports on the activities of ADA;

X? decide for the sale, assignment or rental of ADA's equity goods;

XI? to notify and apply the penalties provided for in the legislation; and

XII? to know and judge requests for reconsideration of decisions by members of the Board.

§ 1º The Colegiada Board shall convene? se?á with the presence of at least three Directors, among them the Director?General, and will deliberate by a simple majority of votes.

§ 2º Decisions related to the institutional competencies of ADA will be taken by the Colegified Directorate.

Art. 17. Compete to the Director?ADA General:

I? exercise their legal representation;

II? presiding over the meetings of the Colegiated Board;

III? comply with and enforce the decisions of the Colegified Directorate;

IV? decide, ad referendum of the Colegiada Directorate, the matters of urgency;

V? decide, in the event of a tie, in the deliberations of the Colegiated Board;

VI? appoint and exonerate servers;

VII? probing the posts in committee and the functions of trust;

VIII? admit employees and requisition and lay off employees and servers;

IX? approve bidding editions and homologation of adjudications;

X? forward to the Ministry of National Integration the budget proposal of the ADA;

XI? authorize the hiring of third-party services, in the form of the specific legislation;

XII? sign contracts, agreements and arrangements, previously approved by the Colegiated Board; and

XIII? ordering expenses and practicing the necessary management acts within the scope of the ADA objectives.

Art. 18. Constitute revenue from ADA:

I? budget allocations consigned to the General Budget of the Union;

II? transfers from the Amazon Development Fund, equivalent to two per cent of the value of each release of resources, by way of remuneration for the management of that Fund; and

III? any other unspecified recipes in the incisos I and II.

Art. 19. Will the ADA administration be governed by a management contract, signed by the Minister of State for National Integration and the Director?General, previously approved by the Deliberative Council for the Development of Amazonia.

Single paragraph. The management contract will set the parameters for the internal management of ADA, and thus the indicators that allow to evaluate, objectively, their administrative performance and performance.

Art. 20. Will unwarranted misfulfillment of the management contract be able to imply the exoneration of the Director?General by the President of the Republic, upon request by the Minister of State for National Integration.

CHAPTER II

OF THE FINAL AND TRANSITIONAL PROVISIONS

Art. 21. Does it become extinct the Superintendence of the Development of the Amazon? SUDAM.

§ 1º Observed the willing in the arts. 9º and 15, the competences assigned by the legislation to SUDAM and its Deliberative Council become transferred to the Union.

§ 2º The Union shall succeed SUDAM in its rights and obligations.

§ 3º Stay transferred to the Union, through the Ministry of Planning, Budget and Management, the responsibility for the administration and payment of inactive and pensioner of SUDAM.

§ 4º The framework of servers, the posts in commission and the gratified functions of SUDAM stay transferred to the Ministry of Planning, Budget and Management.

§ 5º Compete to the Ministry of National Integration:

I? the analysis, approval and the remaining arrangements regarding the provision of accounts arising from the Congeniums or similar instruments firmed up by SUDAM;

II? the administration of the ongoing projects in SUDAM, related to its Investment Fund, and may cancel such projects, in the hypotheses provided for in the specific legislation;

III-the inventory and administration of the goods and rights of SUDAM; and

IV? the exercise of the remaining legal assignments of SUDAM and its Deliberative Council.

Art. 22. The installation of the ADA and the beginning of the exercise of its competences give? se?ion from the publication of its regimental structure in act of the President of the Republic.

Single paragraph. While not installed by ADA, the Union shall exercise the powers established in art. 15 of this Provisional Measure.

Art. 23. ADA will be able to requisition, with onus, 5 servers and employees of organs and integral entities of the Federal Public Administration.

Single paragraph. During the first twenty-four months subsequent to your facility, ADA will be able to supplement the remuneration of the requested server or public servant, up to the limit of the remuneration of the effective post or permanent employment occupied in the organ or in the entity of origin, when the requisition involves reducing this remuneration.

Art. 24. The Advocacy?General of the Union shall represent ADA in the judicial proceedings in which it is party or interested, until the implantation of its Prosecutor's Office?General.

Art. 25. The Ministry of National Integration and Advocacy?General of the Union shall promote, within the maximum period of one hundred and twenty days, the lifting of the ongoing legal proceedings in which SUDAM figure as a party.

Art. 26. It shall be the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171 of January 5, 2001, consigned to SUDAM, relating to the expenditure referred to in Paragraph 3º of the art. 21 of this Provisional Measure, as well as those concerning the payment of benefits to the corresponding servers and social charges, to the Ministry of Planning, Budget and Management, maintained the same budget classification, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995 of July 25, 2000, as well as the respective detailing by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 27. Is the Executive Power authorized to be remanded, transpose, transfer or use the budgetary allocations approved in Law No. 10,171 of 2001, consigned to SUDAM, to the Ministry of National Integration and to ADA, held the same classification budget, expressed by category of programming at its lowest level, observed the provisions of § 2º of the art. 3º of Law No. 9,995, of 2000, as well as the respective breakdown by budget sphere, expense groups, resource sources, application modalities, and usage identifiers.

Art. 28. While not dispose of technical qualification for economic feasibility analysis? financial of projects and risk assessment of borrowers, ADA will establish convenium or contract with federal entities holder of recognized experience in those material.

Single paragraph. Act of the Head of the Executive Power shall recognize, on the proposal of the Minister of State for National Integration, the qualification of the ADA for the exercise of the competence referred to in the caput.

Art. 29. The beneficiaries of approved projects and in deployment, provided that the specific conditions of each Fund or funding line are met, will be able to opt for the systematic:

I? of investment from the Amazonian Development Fund;

II? of funding from the North Funding Constitutional Fund, observed the area of acting established in the inciso I art. 5º of Law No. 7,827, of September 27, 1989; or

III? other lines of funding to be held by federal financial institutions.

Single paragraph. The annual budget schedule of the Northern Financing Constitutional Fund will contemplate appropriations earmarked for the fulfillment of the option provided for in the inciso II of this article.

Art. 30. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.146?1 of May 4, 2001.

Art. 31. This Interim Measure shall come into force on the date of its publication.

Art. 32. They are revoked:

I? the point "b" and the § § 1º to 15 of the art. 7º of Law No. 5,174 of October 27, 1966;

II? the § § 1º to 7º of the art. 1º, the arts. 2º, 4º, 5º, 15 and 16 of the Decree?Law No. 756, of August 11, 1969;

III? the point "b" of the single paragraph of the art. 1º of the Decree?Law No. 1,376, of December 12, 1974; and

IV? the point "b" of the art. 1º of the Decree?Law No. 756 of August 11, 1969, resonated the right provided for in art. 9 ° of the Law No. 8,167 of January 16, 1991 for persons who have already exercised it, by the end of the term provided for the deployment of their projects, provided that they are in a situation of regularity, met all the requirements set out and the timetables approved.

Brasilia, June 5, 2001; 180 ° of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Martus Tavares

Simão Cirineu Dias

republication

PROVISIONAL MEASURE NO 2.153?2, OF June 5, 2001

Creates the Amazonian Development Agency? ADA, extinguish the Superintendence of Amazonian Development-SUDAM, and give other arrangements.

Republicaned in the Official Journal? Extra Section of 06/06/2001 PÁG 000002 COL 3.

Attachment (s)