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Decree No. 4437, 24 October 2002

Original Language Title: Decreto nº 4.437, de 24 de Outubro de 2002

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DECREE NO. 4,437, OF October 24, 2002

Promulgate the Agreement between the Government of the Federative Republic of the Brazil and the Government of the Republic of Peru on Cooperation in Matter Prevention of Consumption, Rehabilitation, Control of Production and Illicit Trafficking of Entorpecans and Psychotropic Substances and their Counter Offences, concluded in Lima, 28 of september 1999.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso VIII, of the Constitution,

Considering that the Government of the Federative Republic of the Brazil and the Government of the Republic of Peru celebrated, in Lima, on September 28, 1999, an Agreement on Cooperation in Matter Prevention of Consumption, Rehabilitation, Control of Production and Illicit Trafficking of Entorpecans and Psychotropic Substances and its Delights Condices;

Considering that the National Congress has approved this Agreement by means of Legislative Decree No. 474 of November 23, 2001;

Whereas the Agreement entered in force on January 4, 2002, pursuant to paragraph 3 of its Article VII;

D E C R E T A:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru on Cooperation in Matter of Prevention of Consumption, Rehabilitation, Control of Production and Illicit Trafficking of Entorpecans and Psychotropic Substances and their Delights Condices, celebrated in Lima, on September 28, 1999, 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, as well as any further adjustments which, pursuant to the art. 49, inciso I, of the Federal Constitution, carries charges or gravy commitments to the national heritage.

Art. 3º This Decree goes into effect on the date of its publication.

Brasilia, October 24, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru

About Cooperation in Matter of Prevention of Consumption, Rehabilitation, Production Control and Illicit Trafficking of Numbing Psychotropic Substances and their Delights Condices

The Government of the Republic Federative of Brazil and The Government of the Republic of Peru

(henceforth named?Contracting Parties?),

Consent that bilateral cooperation results fundamental to tackle the problems derived from misuse and illicit drug trafficking;

Having in views the recommendations contained in the "United Nations Convention against the Illicit Trafficking of Narcotics and Psychotropic Substances", passed in Vienna on December 20, 1988, henceforth called "the Convention" as well as the Anti-Drug Strategy in the Hemisphere, approved by the Inter-American Commission for the Control of Drug Abuse-CICAD, on October 16, 1996;

Concerned with the irreparable damage that causes to human life the misuse of entorpecent and psychotropic substances;

Whereas, in order to obtain effective results against the various manifestations of narcotics trafficking and psychotropic substances, the permanent exchange of information is necessary in order to prevent, control and suppress this illicit activity;

Understanding that the phenomenon of drugs is a complex and integral problem, and aware of the need to strengthen, both the strategies, in the context of the Prevention / Promotion of the Health, as well as standards, in Rehabilitation and Treatment, the exchange of successful experiences, relevant investigations and experts is necessary in order to contribute to the mutual enhancement of the actions carried out or by carry out;

Wake up the following:

Article I

Objective and Reachability

1. The purpose of this Agreement is the joint endeavour of efforts by the Contracting Parties in order to harmonize technical and financial cooperation policies as well as to carry out specific programmes in alternative development, prevention and effective control of production, illicit trafficking and drug use, as well as of their related offences. With such an objective, the Contracting Parties shall conclude specific agreements on sanitary surveillance; measures for the prevention and control of money laundering; control of precursors, products and chemical inputs; judicial cooperation; control of aircraft traffic; and others to consider convenient.

2. The Contracting Parties shall fulfill the obligations derived from this Agreement as per the principles of self-determination, non-intervention in internal affairs, legal equality and respect for the territorial integrity of States.

3. The Contracting Parties shall provide technical assistance to support capacity-building programs in the areas of expertise of each of them in order to improve the effectiveness, both in prevention, health promotion, treatment and rehabilitation as in the results of the fight against all modalities of the illicit trafficking of narcotics and psychotropic substances and their related offenses.

4. The Contracting Parties, when it is the case and whenever they do not infringe their domestic law, will be able to authorize the competent authorities to develop coordinated actions, with a view to carrying out research operations against production, trafficking, sale and illicit distribution of narcotics and psychotropic substances and their related offences, in the terms of such authorization.

Article II

Information interchange

Repression

1. The Contracting Parties will be able to exchange information that they possess about individuals or criminal organizations, and their methods of action linked to the illicit trafficking of narcotics and psychotropic substances.

2. The Contracting Parties shall exchange information on policies and programmes for the prevention and rehabilitation of drug dependents, current legislation, police investigation into the illicit trafficking of narcotics and psychotropic substances.

3. In addition, to the extent that their internal planning so permits, the Contracting Parties shall disseminates the results obtained in the investigations and processes carried out by their respective competent authorities. As a consequence of the cooperation offered by virtue of this Agreement, they will inform you about the activities of repression they have carried out as a result of the assistance provided therein.

4. The Contracting Parties undertake to use the means of their own for the exchange of non-judicial information and, where the case may be, they will appeal to those provided by INTERPOL; in the same manner, and in exceptional circumstances, the Contracting Parties may have recourse to INTERPOL to transmit requests for reciprocal legal assistance and any other information, as provided for in the Convention.

Alternative development

The Contracting Parties will exchange information, publications and results of studies and investigations into drug precursor cultive and alternative economic activities.

Prevention and Rehabilitation

1. The Contracting Parties shall provide technical assistance in order to promote research aimed at raising relevant information to aspects related to the Prevention / Promotion of Health and Rehabilitation and Treatment.

2. The Contracting Parties shall provide technical assistance in order to design, as far as possible, an information system which, while respecting the particularities of each country, develops common and compatible standards.

3. The Contracting Parties, according to their possibilities, will be able to exchange publications and research work on topics of Prevention / Promotion of Health and Treatment and Rehabilitation, drawn up by local governmental institutions and not government.

4. The Contracting Parties shall facilitate the mutual incorporation of the institutional and information social networks to which each of them belongs, in relation to the themes of Prevention / Promotion of Health and Treatment and Rehabilitation.

Article III

Technical Assistance

The Contracting Parties, as far as possible, will hold seminars, conferences and training courses and specialization on the subject matter of this Agreement.

Repression

1. The Contracting Parties shall provide technical assistance in the planning and implementation of research and capacity-building programmes that object to the exchange of knowledge about the activity of criminal organizations on all scales of the illicit trafficking of narcotics and psychotropic substances and their related offenses.

Prevention and Rehabilitation

1. The Contracting Parties shall promote the exchange of proposals for the development of new programmes that open up alternatives and possibilities within the framework of the Prevention, Promotion of Health, Treatment and Rehabilitation.

2. The Contracting Parties shall exchange experiences on the role of the different therapeutic services in the provision of assistance and on the needs of them derived.

3. The Contracting Parties shall draw up studies and community awareness projects with the aim of supporting the rehabilitation of the drug dependents.

Article IV

Actions Coordinates in Repression Matter

1. The Contracting Parties, where the effectiveness of an operation against the trafficking of narcotics and psychotropic substances and related offences so shall require it, shall carry out coordinated actions from their territories, and may intercept vessels of both nations, suspected of carrying out illicit drug trafficking in the borderlines borderline borderlines of both states.

2. In such a way as to extend the cooperation provided for in this Agreement, and as set out in paragraph (a) of the inciso I of Article 9 of the Convention, the Contracting Parties shall examine the possibility of designating liaison officers, whose profile and functions to be performed will be defined by common agreement.

3. The Contracting Parties shall assist in the planning and organization of coordinated actions against the illicit trafficking of narcotics, psychotropic substances and their related offenses. For the implementation of the operations resulting from the assistance provided for in this Article, the competent authorities of each of the Contracting Parties shall act solely on their respective territory.

Article V

Brazilian Peruvian Commission

1. For the implementation of this Agreement, a Brazilian Peruvian Commission shall be established, integrated by members designated by the competent authorities of the two Contracting Parties; this body shall resume the work of the Joint Committee which has worked in the milestone of the Recyclic Assistance Convium for the Repression to the Illicit Trafficking of Drugs that Produce Dependence, signed on November 5, 1976.

2. The Commission shall, in addition to those assigned to it by the competent authorities, have the following functions:

a) serve as a channel of communication between the competent authorities of both countries in the framework of application of this Agreement;

b) propose to the competent authorities of both countries forms of cooperation in the modalities to which the this Agreement;

c) to propose to the competent authorities the administrative arrangements and standards to referred to in this Agreement;

d) to carry out the monitoring of the implementation of the programmes and exchanges provided for in this Agreement;

and) the Commission may constitute in its scope Working groups, and receive the collaboration of any other entity susceptible to assist in their work, as proposed by one or the two Contracting Parties;

f) irrespective of the meetings of the Working Groups, the Commission shall meet when convened by one of the Contracting Parties, in advance of two months of the scheduled date of the meeting, save in extraordinary cases advising their immediate convocation for the analysis of the ongoing work, definition of guidelines and evaluation of the results obtained in the various fields of acting.

Article VI

Information Safeguard

1. All information, transmitted by any means, shall have confidential or reserved character, according to the internal law of each of the Contracting Parties.

2. The information obtained shall be used solely for the purposes of this Agreement. Should one of the Contracting Parties need it for other purposes, it shall rely on the prior authorization and in writing of the competent authority which has provided it, and shall be conditional on the restrictions by it imposed.

3. The provisions of the preceding paragraph shall not constitute limitation of the use of information in the framework of legal actions initiated by the Contracting Parties as a consequence of the illicit trafficking of narcotics and psychotropic substances. The use of the information and its results will be communicated to the Competent Authority that has provided it.

Article VII

Purpose provisions

1. Any controversy that may arise about the interpretation or application of this Agreement shall be solved directly by the Contracting Parties, for which they will hold consultations with the respective competent authority (s).

2. This Agreement may be amended by any of the Contracting Parties. Such amendments shall enter into force pursuant to paragraph 3 of this Article.

3. This Agreement shall take place for indefinite duration and shall enter into force on the date of receipt of the second Note, in which one of the Contracting Parties informs the other of the other being completed the internal legal formalities for its duration.

4. Any of the Contracting Parties may denounce this Agreement upon a diplomatic note, which shall take effect six (6) months after the date of the Note. The requests for assistance carried out during this period will be met by the required Party.

5. The Contracting Parties shall designate the following authorities for the implementation of this Agreement:

By the Federative Republic of Brazil:

Ministry of Foreign Affairs

National Antidrug Secretaria

By the Republic of Peru:

Ministry of Foreign Affairs

Commission to Fight Against Drug Consumption (CONTRADICROGAS)

Made in Lima, on September 28, 1999, in two original exemplars, in the Portuguese and Spanish languages, being both equally authentic texts.

BY THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Walter Fanganiello Maierovitch

BY THE GOVERNMENT OF THE REPUBLIC OF PERU

Fernando de Trazegnies Granda