Key Benefits:
DECREE NO. 5,112, OF June 22, 2004
Promulgates the Agreement, by exchange of Notes, between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brasil and Iñapari, celebrated in Lima, on September 30, 2003.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers the art. 84, inciso IV, of the Constitution, and
Whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Peru celebrated, in Lima, on September 30, 2003, an Agreement, by Exchange of Notes, for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brasil and Iñapari;
Whereas the National Congress passed that Agreement through the Legislative Decree no 196, May 6 of 2004;
Considering that the Agreement entered into force on May 10, 2004, pursuant to paragraph 1º of its Article V;
DECRETA:
Art. 1º The Agreement, by exchange of Notes, between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brasil and Iñapari, celebrated in Lima, on September 30, 2003, apensed by copy to the present Decree, it 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 revision of the said Agreement, as well as any supplementary adjustments that, 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, 22 of June 2004; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
No. 285
Lima, September 5, 2003
To Your Excellency the Lord
Allan Wagner Tizón
Minister of Foreign Affairs of the Republic of Peru
Minister,
With reference to the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brazil and Iñapari, signed by Your Excellency and by the Minister of Foreign Affairs of Brazil on April 11, 2003, I have the honour of inform Your Excellency that arrangements are being made in order to place at the disposal of the Government of the State of the Acre resources that will enable it to shoulder the construction expenses of the said bridge.
Nesses conditions, understands the Brazilian Government that it would be dispensable to carry out international bidding, provided for in the Agreement referred to above. In due course, I propose, on behalf of the Brazilian Government, amendment of the wording of the Agreement in the following terms:
The Government of the Federative Republic of Brazil
and
The Government of the Republic of Peru
(henceforth called "Parties")
CONSIDERING the priority assigned, in the Treaty of Friendship and Cooperation, of October 16, 1979, to the enhancement of the links between the two countries in the transport and communications sectors;
CONSIDERING the purposes of boosting the development of physical infrastructure and cross-border integration in South America, expressed in the Statement from Brasilia, from 1º September 2000;
CONSIDERING the provisions of Articles I and II of the Agreement on Road Connection, concluded on June 26, 1981, which determine the neighboring locations of Assisi Brazil (Brazil) and Iñapari (Peru) as a priority point of interconnection between the road systems of the two countries, which requires the construction of a bridge over the Acre River,
AGREE the following:
ARTICLE I
The Parties undertake to initiate, through their respective competent authorities, the actions regarding the construction, included the infrastructure add-on and accesses, from a bridge over the River Acre, situated in the vicinity of the cities of Assisi Brasil, in Brazil, and Iñapari, in Peru.
ARTICLE II
For the purposes mentioned in Article I of this Agreement, do the Parties create a Brazilian Joint Commission? Peruana, henceforth called the Joint Committee, integrated by five (5) members in each delegation, with representatives from the Ministries of Transport (2) and Foreign Relations (1) from both countries, as well as from state governments (1) and municipal (1), the second designation that each Party shall communicate to the other within the period of sixty (60) days gone by, from the date of the entry into force of this Agreement.
ARTICLE iii
1. It will be the competence of the Joint Committee:
(a) the documentation necessary for the construction of the bridge and the realization of its complementary works and accesses;
b) to reference the executive project of the work;
c) keep track of the construction until its completion and carry out two surveys, after six months and one year of inauguration.
2. The Mixed Commission will be empowered to request technical assistance and all the information it considers necessary for the fulfillment of its functions.
3. Each Party shall be responsible for the spending arising out of its representation in the Joint Committee.
ARTICLE iv
1. The costs for the elaboration of studies and the executive project will be covered with resources from the Government of the State of the Acre.
2. The Engineering Project regarding the construction of the bridge and accesses will be provided by the Government of the State of the Acre and approved by the National Transportation Infrastructure Department? DNIT, the organ linked to the Ministry of Transport of Brazil.
3. Costs relating to the construction of the bridge, its accesses and complementary works will be covered with financial resources of the Government of the Federative Republic of Brazil, in partnership with the Government of the State of the Acre.
4. The hiring of the piece will give itself through public bidding, coordinated by a Brazilian specific commission. The Peruvian Government will be invited to appoint a representative to accompany the work of the said committee.
5. The costs regarding the necessary dispropriations to the implantation of the works in each national territory will be the sole responsibility of the National Government, in the case of Peru, and the Federal Government, in the case of Brazil.
ARTICLE V
1. The Parties undertake to notify each other of the fulfillment of their respective internal legal formalities necessary for the implementation of this Agreement, which shall enter into force from the date of receipt of the second notification.
2. Parties shall, at any time, be able to denounce this Agreement, by the diplomatic route and with a year's notice.
ARTICLE VI
The Parties may, at any time and by mutual agreement, carry out modifications to this Agreement, by the diplomatic route.
ARTICLE VII
Any controversy that may arise from the interpretation or application of this Agreement shall be addressed by negotiation between the Parties, by the diplomatic route.
ARTICLE VIII
THE this Agreement replaces the "Agreement between the Government of the Republic of Peru and the Government of the Federative Republic of Brazil for the construction of a Bridge over the Acre River, in the vicinity of the cities of Assisi Brasil and Iñapari", signed on April 11, 2003.
Should the Government of the Republic of Peru agree to the proposed wording, the present Note and the Reply Note of Your Excellency, of equal content, shall constitute modification of the Agreement under consideration, which shall enter into force as per the constant provisions of your Article V.
I take advantage of the opportunity to reiterate to Your Excellency the protests of the highest regard.
André Amado
Ambassador of Brazil
Note (SAA-SUR-BYP) Nro. 2/6/2099
Lima, September 30, 2003.
Excellentsimo Mister Ambassador,
I have the honour to address Your Excellency in the purpose of the proposal formulated by the Honourable Government of the Federative Republic of Brazil, upon Note No. 285 of September 5. 2003, concerning the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brasil and Iñapari, in the following terms:
" Lima, September 5, 2003
Minister,
With reference to the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru for the Construction of a Bridge over the Acre River, in the Vicinity of the Cities of Assisi Brazil and Iñapari, signed by Your Excellency and by the Minister of Foreign Affairs of Brazil on April 11, 2003, I have the honour to inform Your Excellency that arrangements are being made in order to put at the disposal of the Government of the State of the Acre resources that will allow it to shoulder the construction expenses of the said bridge.
Nthese conditions, the Government understands Brazilian that would be expendable to carry out international bidding, provided for in the Agreement referred to above. In due course, I propose, on behalf of the Brazilian Government, amendment of the wording of the Agreement in the following terms:
THE Government of the Federative Republic of Brazil
and
The Government of the Republic of Peru
(henceforth called "Parties")
CONSIDERING the priority assigned, in the Treaty of Friendship and Cooperation, of October 16, 1979, to the improvement of the links between the two countries in the transport and communications sectors;
Considering the purposes of boosting the development of the physical infrastructure and cross-border integration in South America, expressed in the Brasilia Communiqué of 1º September 2000;
CONSIDERING the provisions of Articles I and II of the Agreement on Road Connection, completed on June 26, 1981, which determine the neighboring localities of Assisi Brasil (Brazil) and Iñapari (Peru) as a priority point of interconnection between the road systems of the two countries, which requires the construction of a bridge over the River Acre,
AGREE the following:
ARTICLE I
Parties undertake to initiate, through their respective authorities competent, the actions regarding the construction, included the complementary and ancillary infrastructure, of a bridge over the River Acre, situated in the vicinity of the cities of Assisi Brasil, in Brazil, and Iñapari, in Peru.
ARTICLE II
For the purposes mentioned in Article I of this Agreement, do the Parties create a Brazilian Mixed Commission? Peruana, henceforth called the Joint Committee, integrated by five (5) members in each delegation, with representatives from the Ministries of Transport (2) and Foreign Relations (1) from both countries, as well as from state governments (1) and municipal (1), the second designation that each Party shall communicate to the other within the period of sixty (60) days gone by, from the date of the entry into force of this Agreement.
ARTICLE iii
1. It will be within the competence of the Joint Committee:
d) to prepare the necessary documentation for the construction of the bridge and the realization of its complementary works and accesses;
and) to reference the executive project of the works;
f) accompany the construction until its completion and carry out two surveys, after six months and one year of inauguration.
2. The Mixed Commission will be empowered to request technical assistance and all the information it considers necessary for the fulfillment of its functions.
3. Each Party shall be responsible for the spending arising out of its representation in the Joint Committee.
ARTICLE iv
1. The costs for the elaboration of studies and the executive project will be covered with resources from the Government of the State of the Acre.
2. The Engineering Project regarding the construction of the bridge and accesses will be provided by the Government of the State of the Acre and approved by the National Transportation Infrastructure Department? DNIT, the organ linked to the Ministry of Transport of Brazil.
3. Costs relating to the construction of the bridge, its accesses and complementary works will be covered with financial resources of the Government of the Federative Republic of Brazil, in partnership with the Government of the State of the Acre.
4. The hiring of the piece will give itself through public bidding, coordinated by a Brazilian specific commission. The Peruvian Government will be invited to appoint a representative to accompany the work of the said committee.
5. The costs regarding the necessary dispropriations to the implantation of the works in each national territory will be the sole responsibility of the National Government, in the case of Peru, and the Federal Government, in the case of Brazil.
ARTICLE V
1. The Parties undertake to notify each other of the fulfillment of their respective internal legal formalities necessary for the implementation of this Agreement, which shall enter into force from the date of receipt of the second notification.
2. Parties shall, at any time, be able to denounce this Agreement, by the diplomatic route and with a year's notice.
ARTICLE VI
The Parties may, at any time and by mutual agreement, carry out modifications to this Agreement, by the diplomatic route.
ARTICLE VII
Any controversy that may arise from the interpretation or application of this Agreement shall be addressed by negotiation between the Parties, by the diplomatic route.
ARTICLE VIII
THE this Agreement replaces the "Agreement between the Government of the Republic of Peru and the Government of the Federative Republic of Brazil for the construction of a Bridge over the Acre River, in the vicinity of the cities of Assisi Brasil and Iñapari", signed on April 11, 2003.
Should the Government of the Republic of Peru agree to the proposed wording, the present Note and the Reply Note of Your Excellency, of equal content, shall constitute modification of the Agreement under consideration, which shall enter into force as per the constant provisions of your Article V.
I take advantage of the opportunity to reiterate to Your Excellency the protests of the highest regard.
André Amado
Ambassador of Brazil "
In this regard, I am pleased to take to the knowledge of Your Excellency the compliance of the Government of the Republic of Peru with the text above transcribed, by which the present Note and that of Your Excellency constitute an agreement between our two Governments.
I take advantage of the occasion to reiterate to Your Excellency the protests of my highest and distinguished consideration.
Allan Wagner Tizón
Minister of Foreign Affairs
of the Republic of Peru
