PROVISIONAL MEASURE NO. 581, OF September 20, 2012

Disposes on the Midwest Development Fund-FDCO; authorizes the Union to grant economic grant to the institutions Federal statutory financial officers, in the form of interest rate equalization in credit operations for investments under FDCO; amends the Laws No. 7,827 of September 27, 1989 and No 10,177 of January 12, 2001, which deal with the operations with resources from the Northern Financing Constitutional Funds, the Northeast and the Center-Oeste; it constitutes additional source of resources for extension of operational limits of the Federal Economic Box and Banco do Brasil S.A., and gives other providences.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Midwest Development Fund-FDCO will have as agents operators federal official financial institutions, defined in an act of the Executive Power, with the following competencies:

I-identify and guide the preparation of investment projects to be submitted to the approval of the Superintendency of the Midwest-SUDECO Development;

II-support the projects of investments approved by SUDECO, upon the action of the agent operator;

III-scrutinize and substantiate the regularity of the projects under its guidance; and

IV-propose the release of financial resources for the projects under deployment under its guidance.

Art. 2º The FDCO's participation in investment projects will be carried out as per the provisions of the regulation approved by the Deliberative Council of the Fund.

Art. 3º The risks resulting from the operations carried out with FDCO resources may be borne in full by the operators, in the form that the National Monetary Council disposes, by proposal of the Ministry of National Integration.

Art. 4º Stay the Union authorized to grant economic grant to the federal official financial institutions, in the form of interest rate equalization, in credit operations for investments under FDCO, when the institutions assume in full the risks resulting from the operations.

§ 1º The economic grant will correspond to the differential between the remuneration to which they will be jus the federal official financial institutions and the charges levied from the borrower end of credit.

§ 2nd The payment of the economic grant will be effected through the use of resources of specific budget appropriations, to be allocated in the General Budget of the Union.

§ 3º The payment of the grant, for the fulfillment of the provisions of the inciso II of § 1st Art. 63 of the Law no 4,320 of March 17, 1964, is conditional on the presentation, by the beneficiary financial institution, of a statement of responsibility for the accuracy of the information relating to the operations carried out.

§ 4º A irregular application of the proceeds from the grants of which this Provisional Measure is concerned shall subject the offender to the return, at double, of the grant received, updated monetarily, without prejudice to the penalties provided for in the art. 44 of the Law no 4,595, of December 31, 1964.

Art. 5º The criteria, conditions, deadlines and remuneration of the federal official financial institutions in the financing of which it treats art. 4th will be defined by the National Monetary Council, by means of a proposal by the Ministry of National Integration.

Art. 6º The methodology, operational standards and too much conditions for the payment of the grant of which it treats art. 4th will be defined by the Ministry of Finance.

Art. 7º The federal official financial institutions benefiting from the grant of which it treats art. 4th shall refer to the Ministry of Finance information relating to the operations carried out, in the format and periodicity defined in act of the Minister of State for Finance.

Art. 8º The remuneration of FDCO's operator agent for the econome-financial feasibility analysis services of the projects will be borne by the bidders and will be defined by the National Monetary Council.

Art. 9º The Law no 10,177 of January 12, 2001, passes the invigoration with the following amendments:

" Art. 1º For financing with resources from the Northern, Northeast and Central-Western Financing Constitutional Funds, the financial burden and the addedness bonus are to be defined by the National Monetary Council, by means of proposal of the Ministry of National Integration, observed the guidelines of the National Regional Development Policy.

§ 1º The financial burden and the addedness bonus of which it treats the caput could be differentiated or favored depending on the purpose of the credit, the size of the beneficiary, the activity sector and the location of the venture.

§ 2º Financial charges could be favored in the cases of:

I- forestry operations aimed at the financing of projects for the conservation and protection of the environment, recovery of degraded or altered areas and development of sustainable activities; and

II-operations of financing of science, technology and innovation projects.

§ 3º In the event of a deviation in the application of resources, the borrower will lose, without prejudice to the appropriate judicial measures, inclusive of an enforceable nature, all and any benefit, especially those concerning the addedness bonus.

§ 4º In case of establishment of financial burden or addedness bonus that results in the reduction of financial cost to the borrower, the resolution of the Board National Monetary should define whether the new charges and established bonds will focus, as of the effective date of the reduction, on the financing already contracted.

§ 5º The del credere of the administrator bank, limited at three per cent per year, it is contained in the financial burden charged by the Constitutional Funds and will be reduced by percentage identical to the percent guaranteed by avail funds.

§ 6º The financial and bonus charges of already established addedness will remain in effect until the date prior to the effective new financial burden and addedness bonds that are set by the National Monetary Council. " (NR)

Art. 10. Law No. 10,177, 2001, passes on increased invigoration of the following device:

" Art. 6º-B In the formalized operations with resources of the Funding Constitutional Funding under the National Strengthening of Agriculture Family-PRONAF Program, carried out together with beneficiaries of any group, modality and line of credit, with operational risk taken fully by the respective Constitutional Fund or operational risk shared between the respective trustees and the Constitutional Fund, the banks will make jus at a remuneration to be defined by the National Monetary Council, by proposal of the Ministry of National Integration, intended for the coverage of costs arising from the operationalization of the Program. " (NR)

Art. 11. The Law No. 7,827 of September 27, 1989, passes the following with the following amendments:

" Art. 15. .......................................................................................................................

VI-exerting other activities inherent in the application of the resources, the recovery of the credits, including in the defined terms in the arts. 15-B, 15-C and 15 -D, and the renegotiation of debts, in accordance with the conditions set by the National Monetary Council.

§ 1º The National Monetary Council, by way of proposal of the Ministry of National Integration, will define the conditions under which the administrators banks will be able to renegotiate debts, limiting the financial burden of renegotiation to those set out in the contract of origin of the default transaction.

§ 2º Until the September 30 of each year, the financial institutions of which it treats the caput will refer to the Ministry of National Integration and the respective regional development superintendences, for analysis, the proposal of the funding programmes for the financial year next. " (NR)

Art. 12. It is the Union authorized to grant credit to the Federal Economic Box and the Banco do Brasil S.A., in the respective amounts of up to R$ 13,000,000,000.00 (thirteen billion reais) and up to R$ 8,100,000,000.00 (eight billion and one hundred million reais), under conditions financial and contractual defined by the Minister of State for Finance that allow the framework as a hybrid capital instrument and debt fit to integrate the reference heritage, as defined by the National Monetary Council.

§ 1º For the credit coverage of which treats the caput, the Union will be able to issue, in the form of direct placement, in favor of the Federal Economic Box and Banco do Brasil S.A., securities of the Federal Furnished Public Debt, whose characteristics will be defined by the Minister of State for Finance.

§ 2º In the case of issuance of securities, the economic equivalence with the predicted value in the caputwill be respected.

§ 3º Of the resources helmed by the Federal Economic Box in the form of the caput, up to R$ 3,000,000,000.00 (three billion reais) are intended for the financing of durable construction material and consumer goods, to physical persons, with the case of the financing of goods, exclusively for the public from the My House My Life My Life-PMCMV Program, of which it treats the Law no 11,977, of July 7, 2009, and up to R$ 3,800,000,000.00 (three billion and eight hundred million reais) are intended for the financing of projects linked to infrastructure.

§ 4º The resources capped by Banco do Brasil S.A. in the form of the caput are intended for applications in credit operations directed to finance the segment agrolivestock regarding crop 2012/2013.

§ 5th Stay assured of the National Treasury remuneration compatible with the long-term rate of remuneration, in the case of the resources transferred pursuant to § § 3º and 4º.

§ 6th Stay assured of the National Treasury remuneration compatible with its catchment cost for the transferred resources, except in the hypotheses provided for in § § 3º and 4º.

Art. 13. This Interim Measure shall come into force on the date of its publication.

Art. 14. The single paragraph of the art is revoked. 6º-A of Law No. 10,177, of January 12, 2001.

Brasilia, September 20, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Nelson Henrique Barbosa Son

Fernando Bezerra Coelho