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DECREE NO. 6,771, OF February 16, 2009.
Promuling the Agreement on Exemption of Fees and Emoluments Due to the Issue and Renewal of Residence Authorizations for the Citizens of the Community of Portuguese-speaking Countries, signed in Brasilia, on July 30, 2002.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and
Considering that the National Congress has approved, by means of Legislative Decree no 1,013, of November 10, 2005, the Agreement on Exemption of Fees and Emoluments Due to the Issue and Renewal of Residence Authorizations for Citizens of the Community of Portuguese-speaking Countries, signed in Brasília, on July 30, 2002;
Considering that the Brazilian Government deposited the instrument of ratification of the said Agreement with the Executive Secretariat of the CPLP on January 12, 2006;
Whereas the Agreement entered into international force in 1o from October 2003 and went on to invigorate to Brazil, in the external plan, in 1o February de 2006;
DECRETA:
Art. 1o The Agreement on Exemption of Fees and Emoluments Due to the Issue and Renewal of Residence Authorizations for Citizens of the Community of Countries of Portuguese Language, 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 revision of the said Agreement or that carries charges or commitments engraved to the national heritage, pursuant to art. 49, inciso I, of the Constitution.
Art. 3o This Decree comes into effect on the date of its publication.
Brasilia, February 16, 2009; 188the of Independence and 121o of the Republic.
LUIZ INÁCIO LULA DA SILVA
Celso Luiz Nunes Amorim
AGREEMENT ON EXEMPTION OF FEES AND EMOLUMENTS
DUE TO THE ISSUANCE AND RENEWAL OF AUTHORIZATIONS
OF RESIDENCE FOR THE CITIZENS OF THE COMMUNITY
OF THE PORTUGUESE-SPEAKING COUNTRIES
Whereas one of the objectives of the constitution of the CPLP is to promote, without prejudice to the commitments international made by the Member States, measures targeting the resolution of the problems faced by the immigrant communities in the CPLP space, as well as the coordination and strengthening of cooperation in the field of immigration policies;
Considering the common interest in pursuing a policy of cooperation in the sense of reinforcing each More the special bonds of friendship and brotherhood that unite the Peoples and Governments of the CPLP, creating development opportunities;
Taking into consideration the provisions of the Resolutions of Maputo and Sao Tome on Citizenship and Movement of People in the space of CPLP;
Considering still the provisions of the Final Announcements of the V and VI Council of Ministers held, respectively in Maputo and São Tomé, as regards the Citizenship and Circulation of People in the space of CPLP;
The Republic of Angola, the Federative Republic of Brazil, the Republic of Cape Verde, the Republic of Guinea-Bissau, the Republic of Mozambique, the Portuguese Republic and the Republic Democratic of São Tomé and Principe, wake up the following:
Article 1º
The citizens of the CPLP Member States, residents in the other Member States, are exempt from paying fees and emoluments due in the issuance and renewal of residence permits, with the exception of the costs of issuing documents.
Article 2º
1. The Member States interested in any amendments to this Agreement shall send in writing, to the Executive Secretariat, a notification, containing the proposed amendments.
2. The Executive Secretariat shall promote, within a maximum period of 90 days from the date of the notification, the commencement of the negotiations, giving immediate knowledge to the Standing Committee on Standing Concertation.
3. The text resulting from the negotiations referred to above shall be forwarded to the Council of Ministers for approval.
4. The amendments shall enter into force on the terms set out in Article 6º.
Article 3º
1. Each Member State reserves the right to temporarily suspend the application of this Agreement on the grounds of internal order, national security, public health or international obligations, giving the immediate knowledge to the others Member States.
2. The suspension referred to in the preceding paragraph shall take effect from the date of receipt of the notification by the Executive Secretariat.
Article 4º
1. Any Member State may denounce this Agreement by notifying the Executive Secretariat that, in turn, shall immediately communicate to the other Member States.
2. The complaint shall take effect 60 days after the date of receipt of the notification.
Article 5º
The doubts resulting from the interpretation or application of this Agreement will be resolved by consensus among the Member States.
Article 6º
1. This Agreement shall enter into force on the first day of the month following the date on which three Member States of the CPLP have deposited at the headquarters of the CPLP, together with the Executive Secretariat, the respective instruments of ratification or equivalent documents that binds them to the Agreement.
2. For each of the Member States that will subsequently deposit, at the headquarters of the CPLP, together with the Executive Secretariat, the respective instrument of ratification or equivalent document that binds it to the Agreement, the same shall enter into force on the first day of the month following the date of the deposit.
Article 7º
The original text of this Agreement will be deposited at the headquarters of the CPLP, together with the Executive Secretariat, which will send certified copies of it to the Member States.
Done and signed in Brasilia, on July 30, 2002.
By the Republic of Angola
JOÃO BERNARDO DE MIRANDA
Minister of Foreign Affairs
By the Republic of Cape Verde
MANUEL INNOCENCE DE SOUSA
Minister of Foreign Affairs and Communities
By the Republic of Mozambique
LEONARDO SANTOS SIMÃO
Minister of Foreign Affairs and Cooperation
By the Federative Republic of Brazil
CELSO LAFER
Minister of Foreign Affairs
By Republic of Guinea-Bissau
PHILOMENA MASCARENHAS TIPOTE
Minister of Foreign Affairs, International Cooperation and Communities
By the Portuguese Republic
ANTÓNIO MANUEL DE MENDONÇA MARTINS DA CRUZ
Minister of Foreign Affairs and the Portuguese Communities
By the Democratic Republic of São Tomé and Principe
ALDA FLAG TAVARES VAZ DA CONCEPTION
Minister for Foreign Affairs and Cooperation