Advanced Search

Decree No. 7,106, 10 February 2010

Original Language Title: Decreto nº 7.106, de 10 de Fevereiro de 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 7,106, OF February 10 OF 2010.

Promuling the Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of Barbados, firmed in Bridgetown, on November 21, 2004.

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

Whereas the Government of the Federative Republic of the Brazil and the Government of Barbados celebrated, in Bridgetown, on November 21, 2004, a Technical Cooperation Agreement;

Whereas the National Congress passed this Agreement through the Legislative Decree no 44, of March 30, 2009;

Considering that the Agreement entered into international force on April 25, 2009, pursuant to paragraph 1º of its Article X;

DECRETA:

Art. 1st The Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of Barbados firming in Bridgetown on November 21, 2004, apenso 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 supplementary adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, February 10, 2010; 189º of Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

TECHNICAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL AND THE GOVERNMENT OF BARBADOS

The Government of the Federative Republic of Brazil

and

The Government of Barbados

(henceforth named?Contracting Parties?),

Recognizing the interest to strengthen the existing friendship ties between the Contracting Parties;

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

Convinced of the need to give emphasis to development sustainable;

Recognizing the advantages reciprocals resulting from a technical cooperation in areas of common interest;

Wishes to develop the cooperation that stimulates technical progress;

Wake up the following:

ARTICLE I

Does the present Technical Cooperation Agreement, henceforth named?Agreement?, shall be for the object of promoting technical cooperation in the areas deemed to be given priority by the Contracting Parties, which shall be opportunely determined.

ARTICLE II

1. The implementation of technical cooperation under the aegis of this Agreement will be done in compliance with programs, projects and activities of technical cooperation, object of complementary adjustments.

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

3. The Contracting Parties will be able to consider the participation of institutions from the public and private sectors, as well as non-government organizations of both countries in the programs, projects and activities to be developed to the amparo of the present Agreement.

4. The Contracting Parties may jointly or separately seek the necessary funding for the implementation of the programmes, projects and activities approved to own funds of international bodies, funds, regional and international programmes and other donors.

ARTICLE III

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

a) evaluate and define priority common areas where it would be feasible to implementation of technical cooperation;

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

c) examine and approve Work Plan;

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

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

2. The place and date of the meetings mentioned in the preceding paragraph shall be defined by diplomatic means.

ARTICLE IV

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

ARTICLE V

Each of the Contracting Parties shall ensure the personnel sent by the other Part Contracting, within the framework of this Agreement, all necessary logistical support, as well as the one relating to its installation, transport facilities and access to information indispensable for the fulfilment of its specific functions.

ARTICLE VI

1. Each Contracting Party shall accord to the personnel designated by the other Contracting Party to perform their duties in their territory under this Agreement, as well as to their legal dependents, when it is the case:

a) official visa, requested by diplomatic pathway;

b) tax-free and too much gravest incidents on import, on the six first months from the date of arrival, of household and personal goods, intended for the first installation, where the term of stay in the host country is more than one year. Such objects should be re-exported at the end of the mission, unless the import taxes, of which they were originally exempted, are paid;

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

d) exemption from taxes as to salaries in charge of the institution of the Contracting Party that sent them. In the case of remuneration and daily paid by the institution that receives them, the legislation of the host country shall be applied, observed the bitaxation agreements eventually signed between the Contracting Parties;

e) jurisdictional immunity in what concerne to the acts of trade practiced in the scope of this;

f) the object exemptions from the present article do not apply to Brazilian employees or foreign employees with a permanent visa.

2. The selection of the personnel will be made by the Contracting Party that send it and must be approved by the Contracting Party that receives it.

ARTICLE VII

Staff sent from a Contracting Party to the other Contracting Party under this Agreement shall act as a function of the established in each program, project or activity and will be subject to the prevailing laws and regulations on the territory of the host country, re-salvaged the provisions of Article VI of this Agreement.

ARTICLE VIII

1. They shall be exempt from all fees, taxes and other import and export record on the goods, equipment and materials eventually provided by one of the Contracting Parties to the other Contracting Party, for the implementation of programmes, projects and activities developed within the framework of this Agreement.

2. Upon termination of the programs, projects and activities, all those equipment and materials that have not been donated by the Contracting Party that provides them to the other Contracting Party shall be re-exported with equal exemption of fees, taxes and too much export and import gravames.

ARTICLE IX

1. This Agreement shall expire for 5 (five) years, and shall automatically be extended by equal and successive periods, unless one of the Contracting Parties manifests itself to the other Contracting Party by diplomatic means, its intention to denounce it. The complaint will take effect 6 (six) months after the date of receipt of the respective notification.

2. In the event of denunciation of this Agreement, the programs, projects and activities under execution shall not be affected, unless the Contracting Parties convive amusingly, in writing.

ARTICLE X

1. Each of the Contracting Parties shall notify the other Contracting Party by diplomatic means 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 latter of these notifications.

2. This Agreement may be amended in accordance with the terms of paragraph first of this Article.

Made in Bridgetown, on November 21 of 2004, in two original exemplars, in the Portuguese and English languages, being both texts being equally authentic.

_______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DE BRASIL

CELSO AMORIM

Foreign Minister of State for Foreign Relations

______________________________

BY THE GOVERNMENT OF BARBADOS

BILLIE MILLER

Minister for Foreign Affairs

and Foreign Trade