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Decree No. 6,084, Of 19 April 2007

Original Language Title: Decreto nº 6.084, de 19 de Abril de 2007

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DECREE NO. 6,084, OF April 19, 2007.

Promulga the Agreed Framework of Cooperation in Defense Matter between the Federative Republic of Brazil and Argentina, celebrated in Puerto Iguazú, on November 30, 2005.

THE PRESIDENT OF THE REPUBLIC, at the use of the assignment that gives you the art. 84, inciso IV, of the Constitution, and

Considering that the Federative Republic of Brazil and the Argentine Republic celebrated in Puerto Iguazú, on November 30, 2005, a Framework Agreement on Cooperation in Defense Matters;

Whereas the National Congress has approved the said Agreement through the Legislative Decree no 484, December 20, 2006;

Considering that the Agreement entered into international force on January 26, 2007, pursuant to its art. 11;

DECRETA:

Art. 1st The Framework Agreement for Cooperation in Defense Matters between the Federative Republic of Brazil and the Argentine Republic, celebrated in Puerto Iguazú, on November 30, 2005, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd 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 that, in the terms of 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 19, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 4/20/2007

FRAMEWORK AGREEMENT ON DEFENCE COOPERATION BETWEEN

FEDERATIVE REPUBLIC OF BRAZIL AND THE ARGENTINE REPUBLIC

The Federative Republic of Brazil

e

The Republic Argentina

(henceforth named?Parties?),

Desiring to increment the good and cordial relations between the Parties;

Having present the Memorandum of Understanding between the Government of the Federative Republic of Brazil and the Government of the Argentine Republic of Inquiry and Coordination, firmed in Rio de Janeiro on April 28, 1997;

Seeking to contribute to the development of their relations through cooperation in political and strategic matters of mutual interest in defence;

Having present the common interest in the maintenance of peace and security in the international plan, and that the international conflicts are solved by peaceful means;

Convinced that the mutual understanding, joint work and greater institutional cooperation between the Parties will favor peace and international stability;

Recognizing the sovereignty and equality of states and non-intervention in areas of exclusive jurisdiction thereof;

Wake up the following:

ARTICLE 1

Object

The cooperation between the Parties shall be governed by the principles of equality, reciprocity and mutual interest, in line with their respective national laws and with the international obligations assumed. It aims to strengthen political cooperation on defense, through the exchange of experiences in drawing up and managing defense and equity policies in the areas of planning, budget management, research and development, support logistics and procurement of defence products and services.

ARTICLE 2

Actions

The Parties will develop the following initiatives, by mutual agreement and in compliance with national and international laws and standards, as well as with the respective procedures of protection of sigilous information and intellectual property:

a) share knowledge and experiences gained in the area of operations, in particular in the use of military equipment of national and foreign origin, in standardization and interoperability, as well as in international peacekeeping operations and mutual support in the compliance with the international disarmament regimes that both countries participate in;

b) to share knowledge in the areas of science and technology, through scientific and research contacts in the different areas of defence, upon exchange of information, reciprocal visits and other initiatives of mutual interest;

c) collaborate on matters related to military equipment and systems in the area of the industry of the defense, promoting joint participation in research programs, exchange of technical information and expert encounters in weaponry and equipment;

d) promote joint actions of military training and instruction, combined military exercises, as well as the exchange of corresponding information; and

e) cooperate in other areas of defense that may be of mutual interest.

ARTICLE 3

Scope of Cooperation

1. The cooperation between the Parties, in the field of defence, will develop as follows:

a) mutual visits of high-level civil and military delegations of the respective Ministries of Defense to civilian and military entities;

b) mutual visits of delegations, staffing meetings and technical meetings;

c) meetings between the equivalent defense institutions;

d) exchange of instructors and students from military institutions;

e) participation in theoretical and practical courses, seminars, debates and symposia in military entities, as well as in civil entities of interest to the defense and common area agreement between the Parties;

f) visits of warships;

g) cultural and sporting events; and

h) creation of facilities in the relationship between the defense industrial bases of both countries.

ARTICLE 4

Implementation

As Parties decide to establish a joint working group, under responsibility of the Secretary for Policy, Strategy and International Affairs of the Brazilian Ministry of Defense and the Secretary of Military Affairs of the Argentine Ministry of Defense, integrated by representatives of the respective Ministry of Foreign Affairs and other relevant institutions, to be designated by the Parties, to decide on the institutional forms of implementation of this Framework Agreement, including in the that refers to the revision of the mechanisms currently existing in the defense area. Until the completion of this task, this joint working group will continue to coordinate defense cooperation activities between both Parties.

ARTICLE 5

Aspects Financial

1. All expenses incurred with the participating staff in cooperation activities derived from this Agreement shall be governed on the basis of reciprocity and in accordance with the following conditions, unless the Parties come to determine another modality:

a) the host Party will cover the local transportation expenses for the delegations;

b) the Party of origin will cover the expenses of travel, accommodation and food; e

c) the Party of origin will cover the spending for medical and dental treatment, removal or evacuation of your sick, injured or deceased personnel.

2. All costs corresponding to activities derived from this Agreement will be subject to the availability of financial resources of the Parties.

ARTICLE 6

Civil Responsibility

1. Neither Party shall be able to initiate civil action against the other Party or its personnel for damages arising from the activities arising under the framework of this Agreement.

2. In the event of damage caused by personnel of a Party to third parties for recklessness, imperfection or negligence, the Party to which the agent who has caused the occurrence shall be held liable for the loss or damage, pursuant to the prevailing legislation in the State host.

3. In accordance with the national legislation of the host state, the Parties shall indemnfy all damage that their personnel, in the performance of their official duties pursuant to this Agreement, come to cause to third parties.

4. In the case where personnel from both Parties are responsible for the damage caused to third parties, they shall jointly and severally assume the corresponding responsibility.

ARTICLE 7

Security of Information and Material

1. The security of information and material exchanged or produced as a result of this Agreement shall be established between the Parties by means of a Supplementary Protection Agreement of the same.

2. As long as the said Supplementary Agreement does not come into force, all defence information exchanged directly between the Parties, as well as the information of common interest obtained individually from other sources by the Parties shall be protected in accordance with the following principles:

a) the receiving Party shall not transmit to third countries information obtained under this Agreement without prior approval from the other Party;

b) the addresse-free Party will classify the information, conserving the same level as assigned by the sender Party and taking, in consequence, the necessary measures of protection; and

c) the information will be used for the purpose for which it was produced or obtained.

3. Until the Supplemental Agreement referred to in paragraph first comes into force, the addressary Party shall not provide third countries of military equipment or technology obtained under this Agreement without prior approval of the other Party.

4. The respective responsibilities and obligations of the Parties as to the security and protection of the sensitive material will be maintained after the termination of this Agreement.

ARTICLE 8

Protocols Supplementary / Emendas/Revision / Programs

1. The Parties will be able to sign Supplementary Protocols in the specific areas of cooperation on defense, involving civilian and military entities, pursuant to this Agreement.

2. The programs of activities derived from this Agreement or of the aforementioned Supplementary Protocols will be drawn up, developed and implemented by authorized persons of the Ministry of Defense of the Federative Republic of Brazil and the Ministry of Defense of the Argentine Republic.

3. This Agreement may be amended or revised with the consent of the Parties, by exchange of notes, through the diplomatic channels.

4. The commencement of the negotiation of the Supplementary Protocols, amendments or revisions, should occur up to 60 days after the receipt of the last notification, which will enter into force as provided for in Article 11th, going on to be an integral part of this Agreement.

ARTICLE 9

Solution of Controversies

Any dispute regarding the interpretation or application of this Agreement will be resolved by means of consultations and negotiations between the Parties, within the framework of the Ministry of Defence of the Federative Republic of Brazil and the Ministry of Defense of the Argentine Republic.

ARTICLE 10

Vigence and Denpronunciation

1. This Agreement shall remain in force until one of the Parties decides in writing and by diplomatic means, to notify the other Party of its intention to report it. The complaint will have ninety effect (90) days after the receipt of the respective notification.

2. The complaint will not affect the ongoing programs and activities derived from this Agreement, unless the Parties decide otherwise.

ARTICLE 11

Input in Vigor

This Agreement shall enter into force on the thirtieth day after the date of receipt of the last notification, in writing and by diplomatic way, that the internal law requirements of the Parties, necessary for such purpose were met.

Made in Puerto Iguazu on November 30, 2005, in the Portuguese and Spanish languages, being all texts being equally authentic.

BY THE FEDERATIVE REPUBLIC OF BRAZIL

CELSO AMORIM

Minister of State for Foreign Relations

BY THE ARGENTINE REPUBLIC

RAFAEL ANTONIO BIELSA

Minister of Foreign Affairs, Trade

International and Culto