Decree No. 4,233, 14 May 2002

Original Language Title: Decreto nº 4.233, de 14 de Maio de 2002

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DECREE NO. 4,233, OF May 14, 2002

Disposes on the execution of the Rectification Act, of February 8, 2002, of the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, (MERCOSUR), and the Government of the Republic of Bolivia, of December 31, 2001.

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

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

Whereas the Governments of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Bolivia, signed on December 17, 1996, in Fortaleza, the Economic Supplementation Agreement No. 36, to the amparo of the 1980 Treaty of Montevideo, whereas it has, among others, the goal of conforming an area of free trade between the signatory countries;

Whereas the Economic Supplementation Agreement No. 36 was incorporated into the Brazilian legal planning by the Decree paragraph 2,240 of May 28, 1997;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay (MERCOSUR), on the one hand, and of the Republic of Bolivia, of the other, struck on December 31, 2001, in Montevideo, the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36;

Whereas the General Secretariat of the ALADI, depositary of the Economic Supplementation Agreement No. 36, published, on February 8, 2002, Ata of rectification of the aforementioned Additional Protocol to the Economic Supplementation Agreement No. 36;

D E C R E T A:

Art. 1º It is promulgated, for all purposes, the Rectification Act, of February 8, 2002, of the Sixteenth Additional Protocol to the Economic Supplementation Agreement No. 36, between the Governments of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Bolivia, Apensa by copy to the present Decree.

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

Brasilia, May 14, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

rectification Act of the

Sixteenth Additional Protocol to

Economic Supplementation Agreement No. 36

In the city of Montevideo, at the eight days of the month of February two thousand and two, the General Secretariat of the Latin American Integration Association (ALADI), in use of the colleges that gives it to Resolution 30 of the Committee of Representatives, as the depositary of the signed Agreements and Protocols by the Governments of the member states of the Association, and of compliance with the established in its Article Third, makes the record:

First.-That the General Secretariat has found a typo in Article 2º of the Sixteenth Protocol Additional to the No. 36 Economic Supplementation Agreement (ACE 36), as seen that in place of referring to "Appendix 3 to the MCS-BO 4/00 Revised Resolution" should feature "Annex III of the Fourteenth Additional Protocol."

Second.- That the error was brought to the notice of the Permanent Representations of Bolivia, Argentina, Brazil, Paraguay and Uruguay, upon note ALADI/SGA-COM 26/02, of February 4, 2002, in which, to remedy this error, it proposed to eliminate the above-mentioned reference, replacing it with "Annex III of the Fourteenth Additional Protocol" and granting a deadline of three working days to receive objections.

Third.-Which transaced that deadline and not having received objections by of the Permanent Representations of Bolivia, Argentina, Brazil, Paraguay and Uruguay, this General Secretariat laughs in Article 2º of the ACE 36 "Appendix 3 of the MCS-BO 4/00 Revised Resolution", intersounding " Annex III of the Fourteenth Additional Protocol.

And for the record, this General Secretariat lavages the present Rectification Act on the place and date indicated.

Economic Supplementation Agreement No. 36

concluded between the Governments of the States Parties of MERCOSUR and the

Government of the Republic of Bolivia

Sixteenth 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, in their condition of States Parties of the Southern Common Market (MERCOSUR), on the one hand, and of the Republic of Bolivia, on the other, accredited by their respective Governments second powers that were bestoed in good and due form, deposited timely in the General Secretariat of the Latin American Integration Association (ALADI),

In view of the MCS-BO Resolution No. 02/01 of the ACE 36 Administrative Commission,

Concome in:

Article 1º.-Extend from 1º January to March 31, 2002 the special treatment provided for in Appendix 2 (a) of Annex 9 to the Origin Regime.

Article 2º-Are excepted from the provisions of the article previous, for the relevant cases, the tariff positions included in Annex III of the Fourteenth Additional Protocol, for which it beigns the definitive specific Regime.

Article 3º-Apply from 1º January to March 31 of 2002 the special treatment, provided for in Appendix 2 (b) of Annex 9 to the Origin Regime, excluded the items NALADI/SH 6205.20.00 and 6205.30.00, for which the Transitional Arrangement of Origin is extended to the same date.

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

In faith of what, the respective Plenipotentiaries sign the present Protocol in the city of Montevideo, at the thirties and one days of the month of December two thousand and one, in an original in the Portuguese and Spanish languages, being both texts being equally valid.

(a) By the Government of the Argentine Republic: Carlos Onis Vigil; By Government of the Federative Republic of Brazil: José Artur Denot Medeiros; By the Government of the Republic of Paraguay: José María Casal; By the Government of the Eastern Republic of Uruguay: Elbio Oscar Rosselli Frieri; By the Government of the Republic of Bolivia: Willy Vargas Vacaflor.


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