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Decree No. 6675, 3 December 2008

Original Language Title: Decreto nº 6.675, de 3 de Dezembro de 2008

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DECREE NO. 6,675, OF December 3, 2008.

Promulga the Agreement on Financial Cooperation (2000/2001) between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany, firming in Brasilia, on November 27, 2003.

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 Federal Republic of Germany celebrated, in Brasilia, on November 27, 2003, an Agreement on Financial Cooperation;

Whereas the National Congress has approved this Agreement through Legislative Decree no 289, of September 18, 2008;

Considering that the Agreement entered into international force on September 29, 2008, pursuant to its Article 5;

DECRETA:

Art. 1o The Agreement between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany on Financial Cooperation (2000/2001), firming in Brasilia, on November 27, 2003, 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, December 3, 2008; 187th of Independence and 120th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE

GOVERNMENT OF THE REPUBLIC FEDERAL OF GERMANY ON COOPERATION

FINANCIAL (2000/2001)

The Government of the Federative Republic of Brazil

e

The Government of Federal Republic of Germany,

Considering the spirit of existing friendly relations between the Federative Republic of Brazil and the Federal Republic of Germany;

Wishes of consolidate and intensify such friendly relations, by means of financial cooperation as partners;

Consent that the maintenance of these relationships forms the basis of this Agreement;

In the aim of contributing to the social and economic development in the Federative Republic of Brazil;

In view of the Intergovernment Negotiations, from November 29 to 1º December 2000, as well as from 19 a to 20 of november 2001,

Wake up the following:

ARTICLE 1

1.The Government of the Federal Republic of Germany will make it easier for the Government of the Federative Republic of Brazil to obtain together the "Kreditanstalt für Wiederaufbau" (Credit Institute for Reconstruction), in Frankfurt am Main, from a loan to the amount total of EUR 13,293,588 (thirteen million two hundred and ninety three thousand five hundred and eighty-eight euro) for the project "Renewable Energies in the North and Northeast of Brazil", provided that the assessment requirements are met, both in the Federal Republic of Germany as in the Federative Republic of Brazil, who make it fit to receive the loan.

2.The project mentioned in paragraph 1 could be replaced by other projects, of common agreement between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany.

If the project mentioned in paragraph 1 is replaced by another one that-in the environment project function or from social infrastructure or loan guarantee fund intended for medium-sized enterprises or as a measure aimed at improving the social situation of women or as a self-help measure aimed at fighting poverty-meet the special requirements to be promoted through a non-refundable financial contribution, it will be possible to grant a non-refundable financial contribution or, in otherwise, a loan.

3.Se the Government of the Federal Republic of Germany later to facilitate the Government of the Federative Republic of Brazil obtaining other loans or other non-refundable financial contributions together with the "Kreditanstalt für Wiederaufbau", for the preparation of the project mentioned in paragraph 1 of this Article, or non-refundable financial contributions to the adoption of arrangements required for its implementation and its monitoring, the provisions of this Agreement shall apply.

ARTICLE 2

The use of the amount mentioned in the paragraph 1 of Article 1, the conditions of its concession, as well as the process of the award, shall be established in the contract to be concluded between the loan recipient and the "Kreditanstalt für Wiederaufbau". Such a contract shall be subject to the prevailing legal provisions in the Federal Republic of Germany.

The allocation commitment of the amount mentioned in paragraph 1 of Article 1 of this Agreement will be annulled, if the respective loan agreement is not signed up within a time frame of eight years from the year of the allocation. For the partial amount of EUR 7,669,378 (seven million six hundred and sixty-nine thousand three hundred and seventy eight EUR) the term closes on December 31, 2008; for the partial amount of EUR 5,624,210 (five million six hundred and twenty four one thousand two hundred and ten euros) the deadline closes on December 31, 2009.

ARTICLE 3

The "Kreditanstalt für Wiederaufbau " will not argo with the payment of tax, charges and public emoluments charged in the Federative Republic of Brazil with the purpose of the celebration and execution of the contract mentioned in Article 2.

ARTICLE 4

In what concerne the transport of persons and goods, by sea and air, arising from the concession of the loan of which it treats this Agreement, the Government of the Federative Republic of Brazil shall refrain from interfering with the choice, by the passengers and suppliers, of the transport companies or to adopt any measure which excludes or hinders the participation, with equal rights, of the transport companies based in the Federal Republic of Germany and will hear, complied with the necessary legal requirements, the necessary authorizations for the participation of them.

ARTICLE 5

This Agreement shall enter into force on the date on which the Government of the Federal Republic of Germany receives the communication of the Government of the Federative Republic of Brazil of which they were met the internal legal requirements for its duration, being, to the effect, decisive the date of receipt of the communication.

Made in Brasilia, on November 27, 2003, in two originals, each in the Portuguese and German languages, being both texts being equally authentic.

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

Celso Amorim

Minister of Foreign Affairs

BY THE GOVERNMENT OF THE REPUBLIC

FEDERAL DA GERMANY

Uwe Kaestner

Ambassador of the Federal Republic of Germany