DECREE NO. 5,517, OF August 23, 2005.

Promuling the Agreement of Cooperation between the Government of the Federative Republic of Brazil and the Government of the French Republic for the Development of the Peaceful Uses of Nuclear Energy, celebrated in Paris, on October 25, 2002.

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

Considering that the Government of the Republic Federative of Brazil and the Government of the French Republic celebrated in Paris on October 25, 2002, a Cooperation Agreement for the Development of the Peaceful Uses of Nuclear Energy;

Whereas the National Congress passed this Agreement through the Legislative Decree no 770, from 30 of June 2005;

Considering that the Agreement entered into force on July 5, 2005, nos terms of your Article XVII;

DECRETA:

Art. 1st The Agreement of Cooperation between the Government of the Federative Republic of Brazil and the Government of the French Republic for the Development of the Peaceful Uses of Nuclear Energy, celebrated in Paris, on October 25, 2002, 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 or 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, August 23, 2005; 184th of the Independence and 117th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 8/24/2005

COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC

DO BRAZIL AND THE GOVERNMENT OF THE FRENCH REPUBLIC FOR THE

DEVELOPMENT OF THE PEACEFUL USES

OF NUCLEAR ENERGY

The Government of the Federative Republic of Brazil

and

The Government of the French Republic

(henceforth called "the Parties"),

Affirming the desire to develop the traditional ties of friendship between the two countries,

Wishes to broaden and strengthen, in the interests of the two states and in respect of the principles that govern the respective nuclear policies, cooperation in the field of the use of nuclear energy for exclusively peaceful and non-explosive purposes,

Recalling the Agreement for Technical and Scientific Cooperation between the two Government, which came into force on August 3, 1968,

Considering the respective non-proliferation commitments subscribed by the Parties, in particular the accession to the Treaty of 1º July 1968 on the Non-Proliferation of Nuclear Weapons (henceforth named "T.N.P."),

Considering the entry into force on March 4, 1994 of an Agreement between the Federative Republic of Brazil, the Argentine Republic, the Brazilian Agency-Argentina de Accounting and Control of Nuclear Materials (henceforth called "A.B.A.C.C.") and the International Atomic Energy Agency (henceforth called "A.I.E.A.") concerning the application of safeguards, and also considering that the A.I.E.A. and the Federative Republic of Brazil confirmed, by exchange of notes approved by the Board of Governors of the A.I.E.A. that the Agreement of March 4, 1994 satisfied the obligation of the Federative Republic of Brazil in the light of the Article III of the T.N.P. to conclude a safeguards agreement with A.I.E.A.,

Wake up what follows:

ARTICLE I

For the purposes of this Agreement:

a) "materials " means the non-nuclear materials intended for the reactors specified in paragraph 2 of Annex B of the Nuclear Suppressing Group Guidelines, published by A.I.E.A. in the document INFCIRC/254/Rev. 5 /Part.1 (henceforth called "the Guidelines");

b)' nuclear materials ' means all "raw material" or all "special physical material" in accordance with the definition of these terms which are shown in Article XX of the Statute of the A.I.E.A.;

c) "equipment" means the main components specified in the paragraphs 1, 3, 4, 5, 6 and 7 of Annex B of the Guidelines;

d) "facilities" mean the mills mentioned in paragraphs 1, 3, 4, 5, 6 and 7 of Annex B of the Guidelines;

e) by "technology", it is appropriate to understand the specific information required for "development", the "production" or the "use" of every article appearing in Annex B of the Guidelines, to the exception of public domain information, for example via of journals or published books, or which have become accessible on the international plane without any restriction of disclosure.

This information may take the form of "technical data" or of "technical assistance".

The "development" refers to all phases that precede the "production", such as the studies, research concerning the design, assembly and testing of prototypes and execution plans.

By "production", it is appropriate to understand all phases of production such as construction, production engineering, fabrication, integration, assembly, inspection, testing, quality assurance.

By "utilization", it is appropriate to understand the execution, the installation (including on-site installation), maintenance, repairs, revision disassembly and the recovery.

"Technical assistance" can take the form of instruction, qualifications, training, practical knowledge and consultancy services.

The "technical data" may constitute themselves from sketches, schemes, plans, manuals and modes of employment in written form or registered in other means such as discs, magnetic tapes or passive memories.

f) "information " means all teaching, all documentation or all given, whatever its nature, transmittable by physical means, on the subjects, equipment, installations or technology submitted to this Agreement, to the implementation of teaching, documentation and public domain data.

ARTICLE II

1. In respect of the principles that govern their respective nuclear policies and as mandated in this Agreement, as well as in the relevant international non-proliferation Agreements and commitments to which they have subscribed, the Parties agree to develop cooperation in the area of the peaceful and non-explosive use of nuclear energy.

2. The cooperation mentioned in the first paragraph may cover the following areas:

- fundamental and applied research that does not require, with respect to research reactors, the use of uranium enriched at 20% or more in isotope 235;

-development of the applications of nuclear energy in the fields of agronomy, biology, earth sciences, medicine, and industry;

-application of nuclear energy for the production of electrical energy;

-management of fuel and nuclear rejecites;

-nuclear safety, radiological protection and protection of the environment;

-prevention and reaction to the urgency situations related to radioactive or nuclear accidents;

-information to the public with the purposes of acceptance of nuclear energy;

or any other decided domain of common agreement between the Parties.

3. The cooperation can take the following forms:

-exchange and staff training scientific and technical;

-exchange of scientific and technical information;

-participation of scientific and technical personnel of one of the Parties in research activities and development of the other Party;

-Joint realization of research activities and engineering, inclusive of research and joint experiments (i.e. for which the means used by the two Parties are equivalent);

-organization of conferences and scientific and technical colloquia;

-supply of materials, nuclear materials, equipment, technologies and service delivery;

or every other form of cooperation decided by common agreement between the Parties.

ARTICLE III

The conditions for implementation of the defined Article II cooperation will be defined, on a case-by-case subject, in respect of the provisions of this Agreement:

-by specific agreements between the Parties or the bodies involved, to need the programs and the modalities of scientific and technical exchanges;

-by concluded contracts between the bodies, companies and establishments involved, for the industrial endeavor and the supply of materials, nuclear materials, equipment, facilities or technology.

ARTICLE IV

The parties will take all administrative, fiscal and customs measures of their competence necessary for the proper implementation of this Agreement, as well as of the agreements specific to and the contracts provided for in Article III.

ARTICLE V

The Parties guarantee safety and preserve the confidential character of technical data and information designated as such by the Party that provided them in the framework of the Present Agreement. The technical data and the interchangeable information will not be communicated to third parties, public or private, without prior authorization, given in writing by the provider Party of the technical data or information.

ARTICLE VI

The intellectual property rights acquired in the framework of the cooperation provided for in this Agreement will be assigned on a case-by-case reference in the specific agreements and contracts provided for in Article III of this Agreement.

ARTICLE VII

The Parties ensure that the materials, nuclear materials, equipment, facilities and the technology transferred within the framework of this Agreement, as well as nuclear materials obtained or recovered as byproducts, shall be used solely for peaceful and non-explosive purposes.

ARTICLE VIII

1. All nuclear materials held or transferred to the Federative Republic of Brazil by virtue of this Agreement and notified by the supplier Party to that effect, as well as every successive generation of nuclear materials recovered or obtained as by-products, they will be subject to the controls of A.I.E. A, by virtue of the Agreement between the Federative Republic of Brazil, the Argentine Republic, A.B.A.C.C. and the A.I.E.A. concerning the application of safeguards within the framework of the T.N.P., applying to all nuclear material in all nuclear activities performed on the territory of the Federative Republic of Brazil, under its jurisdiction or implemented under its control in any location that is.

2. All nuclear materials transferred to the French Republic by virtue of this Agreement and notified by the supplier Party to that effect, as well as every successive generation of nuclear materials recovered or obtained as byproducts, will be submitted to the safeguards system applied by the European Atomic Energy Community, and by the A.I.E.A., in application of the Agreement between France, the European Atomic Energy Community and A. I. E. A concerning the application of safeguards in France, firming on 20 and July 27, 1978.

ARTICLE IX

Case the A.I.E.A. safeguards provided for in Article VIII of this Agreement may not be applied on the territory of one or the other Party, the Parties if commit to immediately coming into contact with views to submit in the shortest possible time the nuclear materials transferred or obtained in the application of this Agreement, as well as every successive generation of nuclear materials obtained or recovered as sub-products, to a mutually-agreed device of safeguards, efficacy and range equivalent to those previously applied by A.I.E.A. to these nuclear materials.

ARTICLE X

The materials, nuclear materials, equipment, facilities and the technology mentioned in Article VII of this Agreement shall remain subject to the provisions of the present Agreement until:

a) they have been transferred or retransferred out of the jurisdiction of the receiving party in accordance with the devices of Article XII of this Agreement; or what

b) the Parties decide by common agreement to withdraw them, or that

c) stay established, as far as nuclear materials are concerned, that they are practically unrecoverable to be placed in usable form for any nuclear activity pertinent from the point of view of the safeguards provided for in Article VIII of this Agreement.

XI ARTICLE

1. Each Party shall ensure that the materials, nuclear materials, equipment, installations and technology mentioned in Article VII of this Agreement are maintained solely by persons subjected to their jurisdiction and enabled to this end.

2. Each Party ensures that, on its territory or outside it, to the point where it is liability be assumed by another Party or by a third State, appropriate measures of physical protection of materials, nuclear materials, equipment and facilities provided for in this Agreement are taken, in accordance with their legislation national and the international commitments to which it is Party.

3. Physical protection levels will be at a minimum of those specified in Annex C of the Guidelines. Each Party reserves the right, if it is the case, in accordance with its national regulation, to apply in its territory stricter criteria of physical protection.

4. The implementation of physical protection measures is the responsibility of each Party within its jurisdiction. In the implementation of these measures, each Party will be inspired by the document of A.I.E.A. INFCIRC 225 / Rev. 4.

The modifications of the A.I.E.A. recommendations in relation to physical protection will have effect on the terms of this Agreement only when the two Parties inform themselves mutually in writing of their acceptance of such a modification.

ARTICLE XII

1. In case one of the Parties intends to re-transfer out of its material jurisdiction, nuclear materials, equipment, installations and the technology mentioned in Article VII, or transfer materials, nuclear materials, equipment, facilities and the technology mentioned in Article VII coming from equipment or facilities transferred originally or obtained thanks to the equipment, facilities or technology transferred, it will do so only after there has been obtained from the recipient of these transfers the same guarantees as those provided for in this Agreement.

2. Further of this, the Party that intends to undertake a retransfer or to a transfer provided for in the paragraph first of this Article shall previously collect the written consent of the initial supplier Party:

a) for all retransfer of reprocessing plants, enrichment or water production heavy, from your equipment or technology;

b) to the transfer of facilities or equipment from such facilities or equipment, or designed from the technology provided for in paragraph a) above;

c) for all transfer or retransfer of uranium enriched to more than 20% in isotopes 233 or 235 or of plutonium produced or recovered from materials nuclear transferred by virtue of this Agreement.

ARTICLE XIII

None of the provisions of this Agreement may be construed as affecting the fulfilment of obligations whereas on the date of the signing, it will result from the participation of one or another Party to other international agreements for the use of nuclear energy for peaceful purposes, notably for the French Part of its participation to the Europénities Communities.

ARTICLE XIV

The representatives of the Parties will meet at the request of one of the Parties with views to consult on issues arising from the implementation of this Agreement.

ARTICLE XV

1. This Agreement may be modified by written agreement between the Parties.

2. All amendment to this Agreement shall enter into force on the date of exchange of diplomatic notes establishing its acceptance by the two Parties.

ARTICLE XVI

1. The present Agreement shall be for the duration of twenty years and may be denounced at any time by one or the other of the Parties. Every complaint should be notified in writing in advance of six months.

In the end of this period of twenty years, it remains in effect until it is denounced by one or the other Party as per the procedure mentioned in the preceding paragraph.

2. In the event of denunciation of this Agreement as per the procedure mentioned in paragraph 1 of this Article,

-the relevant devices of this Agreement remain applicable to the specific agreements and contracts signed by virtue of Article III, which are in force;

-the devices of the articles V, VI, VII, IX, X, XI, XII and XIII continue to be applied to materials, nuclear materials, equipment, installations and technology provided for in Article VII transferred in execution of this Agreement, as well as to nuclear materials recovered or obtained as under-products.

ARTICLE XVII

Each Party shall notify the other Party of compliance with the required procedures as regards it, for the entry into force of this Agreement. This will enter into force on the date of the receipt of the last notification.

In faith than the representatives of the two Governments duly authorized for that purpose struck the present Agreement.

Made in Paris, to the October 25, 2002, in two original copies, in the Portuguese and French languages, being both authentic texts and making equally authentic.

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVA DO BRASIL

BY THE GOVERNMENT OF THE REPUBLIC

FRENCH