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Decree No. 5240, Of 11 October 2004

Original Language Title: Decreto nº 5.240, de 11 de Outubro de 2004

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DECREE NO. 5,240 OF October 11, 2004

Promulgates the Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Tunisia, celebrated in Brasilia, on March 13, 2002.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisus IV, of the Constitution, and

Whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Tunisia concluded, in Brasilia, on March 13, 2002, a Technical Cooperation Agreement;

Whereas the National Congress has approved this Agreement through Legislative Decree No. 218 of June 30, 2004;

Whereas the Agreement entered into force on July 9, 2004, pursuant to paragraph 1º of its Article X;

DECRETA:

Art. 1º The Agreement for Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Tunisia, celebrated in Brasilia, on March 13, 2002, 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 a review of the said Agreement, as well as any further adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries gravy charges or commitments to the national heritage.

Art. 3º This Decree takes effect on the date of its publication.

Brasilia, 11 of October 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

TECHNICAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT

OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT

OF THE REPUBLIC OF TUNISIA

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Tunisia

(henceforth called "Parties"),

Wishes to strengthen the existing friendship ties between the Parties;

Considering the mutual interest of perfecting and stimulating the social and economic development of their respective countries;

Convinced of the need to place emphasis on sustainable development;

Recognizing the reciprocal advantages resulting from technical cooperation in areas of common interest; and

Wishes to develop the cooperation that stimulates technical progress,

Wake up the following:

ARTICLE I

Of The Object

The present Agreement of Cooperation Technique between the Government of the Federative Republic of Brazil and the Government of the Republic of Tunisia, henceforth called the "Agreement", shall have the object of promoting technical cooperation in the areas deemed to be given priority by the Parties, with the possibility of associating third part, if necessary.

ARTICLE II

From Execution

1. For the implementation of the object of this Agreement will be developed, by means of complementary adjustments, programs, projects and technical cooperation activities.

2. Equally by means of complementary adjustments will be designated the executor institutions, the coordinating bodies and inputs necessary to the implementation of the mentioned programs, projects and activities.

3. From the programs, projects and activities to be developed to the amparo of this Agreement, they will be able to participate in institutions of the public and private sectors, as well as non-governmental organizations recognized by both countries.

4. The Parties will jointly or separately be able to seek funding from international organizations, funds, international and regional programs and other donors, for the implementation of the approved projects.

ARTICLE III

Of The Meetings

1. Meetings will be held between representatives of the Parties to deal with matters pertaining to the programs, projects and technical cooperation activities, such as:

a) to evaluate and define priority common areas in the what would be feasible the implementation of technical cooperation;

b) establish mechanisms and procedures to be adopted by the Parties;

c) examine and approve Work Plan;

d) analyze, approve and implement programs, projects and technical cooperation activities; and

and) evaluate the results of the execution of the programs, projects and activities implemented in the framework of this Agreement.

2. The location and date of the meetings will be agreed upon via diplomatic channel.

ARTICLE IV

Protection of Information

Each of the Parties shall ensure that the documents, information and other knowledge obtained as a result of the implementation of this Agreement are not disclosed, nor passed on to third parties without the prior written consent of the other Part.

ARTICLE V

From Support to Technicians

Parties shall ensure to the technical personnel submitted by one of the Parties, within the framework of this Agreement, all necessary logistical support, as well as that relating to their installation, transport facilities and access to the information required for the fulfilment of their specific functions and other facilities to be defined in the supplementary adjustments.

ARTICLE VI

Of The Rights of the Technicians

1. Each Party shall accord to the technical personnel designated by the other Party to perform their duties in the territory under this Agreement, as well as to their legal dependents, provided that the beneficiary does not have the nationality of the receiving country, or in it does not have permanent residence, when it is the case:

a) official visa, requested by diplomatic channel;

b) tax exemption and too much gravames incidents on import of objects of domestic and personal use, intended for the first installation, whenever the term of stay in the host country is more than one year. Such objects are to be re-exported at the end of the mission, unless the import taxes, of which they were originally exempted, are paid;

c) exemption identical to that provided for in paragraph (b) of this Article, when of the re-exportation of the said goods;

d) exemption from taxes as to salaries and salaries borne by the institution of the Party that sent them. In the case of remuneration and daily paid by the institution receiving them, the host country should observe the bitaxation Agreements eventually firmed up between the Parties; and

and) judicial immunity by words spoken or written and by all the acts practiced in the exercise of their duties.

2. The selection of the technical staff will be made by the Party that sends it and is to be approved by the Party receiving it.

ARTICLE VII

Das Responsibilities of the Technicians

Technical personnel sent from one country to another within the framework of this Agreement should act as a function of the established in each program, project or activity and will be subject to the laws and regulations beholstered in the territory of the host country, re-salvaged the provisions of Article VI of this Agreement.

ARTICLE VIII

Das Exemptions

1. They shall be exempt from all fees, taxes and other import and export record on the goods, equipment and materials eventually provided, to any title, by one of the Parties to the other, for the execution of programs, projects and activities developed under this Agreement, with the exception of fees and other charges that do not constitute expenses for storage, transportation and relative to other services provided.

2. At the end of the programs, projects and activities, all those equipment and materials that have not been donated to the other Party by which you have provided them, will be re-exported with equal duty-free, tax and other export and import gravames, with the exception of fees and other charges that do not constitute expenses for storage, transportation and relating to other services provided.

ARTICLE IX

From Vigence and of the Denpronunciation

1. This Agreement shall expire for 05 (five) years, and shall automatically be extended by equal and successive periods, unless one of the Parties manifests, by diplomatic means, its intention to denounce it. The complaint will take effect 06 (six) months after the date of receipt of the respective notification.

2. In the event of denunciation of this Agreement, the programmes, projects and activities in implementation arising out of the Adjustments Supplementary ones provided for in Article II will not be affected, unless the Parties convies amusingly in express mode.

X ARTICLE

Da Input in Vigor

1. Each Party shall notify the other, by diplomatic way, of the fulfillment of the internal legal formalities necessary for the entry into force of this Agreement, which shall be effective from the date of receipt of the last of such notifications.

2. This Agreement may be amended by the consent of both Parties. Each amendment will enter into force of compliance with the procedures stated in the first paragraph of this Article.

XI ARTICLE

Da Solution of Controversies

The controversies arising in the execution of this Agreement shall be addressed by all peaceful and friendly means admitted to the Public International Law, privileging the achievement of Direct negotiations between the Parties.

Made in Brasilia, on March 13, 2002, in two exemplars, in the Portuguese, Arabic and English languages, being all texts being equally authentic. In the event of a divergence of interpretation of this Agreement, the text in the English language will prevail.

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

Celso Lafer

Foreign Minister

___________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FROM TUNISIA

Habib Ben Yahia

Minister for Foreign Affairs