DECREE NO. 6,443, OF April 25, 2008.

Promulga the Supplemental Adjustment to the Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Nicaragua for Implementation of the Project?Program of Modernization of the Dendroenergy Sector of Nicaragua?, celebrated in Managua, on November 22, 2000.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the 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 Nicaragua celebrated, in Managua, on November 22, 2000, a Supplemental Adjustment to the Basic Agreement of Technical Cooperation for Project Implementation?Program of Modernization of the Dendroenergy Sector of Nicaragua?;

Considering that the National Congress approved this Agreement through the Legislative Decree no 284 of October 23, 2007;

DECRETA:

Art. 1st The Supplementary Adjustment to the Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Nicaragua for Implementation of the Project "Modernization program of the Nicaragua Dendroenergy Sector", celebrated in Managua, on November 22, 2000, apensed by copy to the present Decree, will be executed and fulfilled as entirely as in it contains.

Art. 2nd subject to the approval of the National Congress any acts that may result in revision of the said Adjustment, as well as any supplementary adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, April 25, 2008; 187º of Independence and 120º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 4/28/2008

SUPPLEMENTARY ADJUSTMENT TO THE BASIC TECHNICAL COOPERATION AGREEMENT BETWEEN

THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC

XX_ENCODE_CASE_CAPS_LOCK_ON Nicaragua for implementation of the project?PROGRAMME OF

MODERNIZATION OF THE DENDROENERGY SECTOR OF NICARAGUA?

The Government of the Federative Republic of Brazil

e

The Government of the Republic of Nicaragua

(henceforth named?Parts?),

Considering:

That their cooperative relations have been strengthened and amparted by the Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Nicaragua, signed in Managua, on April 1, 1987;

That there is a mutual understanding that technical cooperation should obey the principle of horizontality by providing a complementary process to the national efforts of share experiences, knowledge, technologies and resources in equal circumstances, with a reciprocal, non-vertical transfer, based on a common agreed agenda that potentiates national experiences and aports bilateral;

That technical cooperation in the areas of energy and environment are of the special interest for both Parties;

Adjusts the following:

T I T U L The I

Do Object

ARTICLE 1

Does the present Supplementary Adjustment have the object the implementation of the project?Program of Modernization of the Dendroenergy Sector of Nicaragua?.

ARTICLE 2

The mentioned Project aims to introduce new methodologies and techniques of production and use of dendroenergy in Nicaragua, seeking to modernize this sector aiming for ecological sustainability and energy efficiency.

T I T U L O II

Das Participating Institutions

ARTICLE 3

The Government of the Federative Republic of Brazil designates:

a) the Brazilian Agency for Cooperation of the Ministry of Foreign Affairs (ABC/MRE) as the coordinating body, follow up and evaluation of the actions arising from the present Supplementary Adjustment; and

b) a Federation of the Forest Recovery Associations of the State of São Paulo (FARESP) and the Federal University of Viçosa (UFV), as the executor organs of the actions arising from the present Supplementary Adjustment.

ARTICLE 4

The Government of the Republic of Nicaragua designates:

a) the Office of Economic Relations and Cooperation, of the Ministry of Foreign Affairs, as the coordinating body, monitoring and evaluation of the actions arising from the present Supplementary Adjustment; and

b) the National Energy Commission (CNE) and the Association for o Fomento Dendroenergy of Nicaragua (PROLEÑA), as the executor organs of the actions arising from the present Supplementary Adjustment.

T T I T U L O III

From the Obligations Of The Parties

ARTICLE 5

It's up to the Brazilian government:

I) designate and send experts to provide consultancy in the Nicaragua, in the areas of promotion, fomenting and forest reposition; building of nurseries; carbonization; bioelectricity;

II) support the training of Nicaraguan technicians in Brazil and Nicaragua, in the areas of promotion, fomenting and forest reposition; nursery construction; carbonization; bioelectricity and dendroenergy;

III) send publications and supporting material directed at training of nicaragüese technicians and installation of forest nurseries;

IV) to cost the expenses with transportation and material in Brazilian territory within the eco-fogging technology transfer program;

ARTICLE 6

It's up to the Government of Nicaragua:

I) designate technicians to keep up with the work of the experts Brazilians who will provide advice in Nicaragua, in the areas of promotion, fomenting and forest reposition; building of nurseries, carbonization; bioelectricity;

II) designates the Nicaraguan technicians who will participate in the trainings in Brazil and Nicaragua in the areas of promotion, foment and forest reposition; nursery construction; carbonization; bioelectricity and dendroenergy;

III) draw up publications and provide material of support directed at the formation of Nicaraguan technicians, dissemination and seminars;

IV) provide materials and make available professionals needed for construction of the forest nurseries and vegetable charcoal production ovens;

V) disseminate and institute revolving fund for eco-fogging funding;

VI) institute forest reposition associations with their regulatory milestone.

VII) exempt the materials provided by the Government of the Federative Republic of Brazil from licences, import duties and re-export and too much tax burdens;

VIII) cost the expenditures of port, airport and storage fees, in territory nicaragüense, of the materials provided by the Brazilian Government;

IX) provide the customs land clearance of the materials provided by the Government of the Federative Republic of Brazil to the project;

X) bear the transportation expenses of the materials on nicaragüese soil;

XI) designating technician for the transfer of technology in eco-foggers to Brazil.

T I T U L O IV

Dos Semestral Reports

ARTICLE 7

The performers will draw up semiannual reports on the results obtained in the project arising from the present Supplementary Adjustment, which will be forwarded to the coordinating bodies of technical cooperation and / or will be screened in annual meetings to be agreed upon beforehand.

T I T U L O L O V

From Credit to the Participation of the Parties

ARTICLE 8

The documents drawn up and resulting from the activities developed in the context of the project referred to in this Supplementary Adjustment will be jointly owned by the Parties. In the event of the publication of the said documents, the Parties shall be expressly scientified and mentioned in the body of the publication object document.

T I T U L O VI

Do Legal Procedure

ARTICLE 9

All activities mentioned in this Supplementary Adjustment will be subject to the laws and regulations in force in the Republic Federative of Brazil and in the Republic of Nicaragua.

T I T U L O VII

From the Vigence

ARTICLE 10

The this Supplementary Adjustment will enter into force on the date of the last note in which a Party informs the other the fulfillment of its internal legal requirements and shall have effective 2 (two) years, unless the Parties decide to extend it upon agreement by exchange of notes.

T I T U L O VIII

From the Modified

ARTICLE 11

The Parties may, by mutual agreement and by exchange of diplomatic notes, amend the present Supplementary Adjustment. The amendments will enter into force pursuant to Article 10.

T I T U L O IX

Da Denpronunciation

ARTICLE 12

A denunciation of the present Supplementary Adjustment will not affect the activities that are under execution within the framework of the project in question, save when the Parties establish otherwise.

T I T U L O X

From Solution of Controversies

ARTICLE 13

As controversies arising in the execution of the present Supplementary Adjustment will be addressed by negotiations between the Parties.

T I T U L O XI

Das Final Provisions

ARTICLE 14

For the unforeseen issues in this Supplementary Adjustment will apply to the provisions of the Basic Cooperation Agreement Technician between the Government of the Federative Republic of Brazil and the Government of the Republic of Nicaragua of April 1, 1987.

Made in Managua, on November 22, 2000, in two original exemplars, in Portuguese and in Spanish, being both texts being equally authentic.

__________________________________

RICARDO DRUMMON DE MELLO

AMBASSADOR OF BRAZIL IN MANWATER

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

__________________________________

JOSE ADAN GUERRA P.

VICE MINISTER

MINISTRY OF FOREIGN RELATIONS

BY THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA