Decree No. 7146 of 30 MARCH 2010.
Promulgates the agreement on Defence Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala, signed in Brasilia, on 13 March 2006 the PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, and whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala signed in Brasilia, on 13 March 2006, an agreement on cooperation in the field of defence;
Whereas the National Congress approved this Agreement by means of legislative decree in 171, of 14 May 2009;
Whereas the agreement goes into effect, external legal, in 21 of June 2009, in accordance with article 10;
DECREES: Art. 1 the agreement on Defence Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala, signed in Brasilia, on 13 March 2006, attached by copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, 30 March 2010; 189 of independence and 122 of the Republic.
LUIZ INACIO LULA DA SILVA Celso Luiz Nunes Amorim AGREEMENT on DEFENCE COOPERATION BETWEEN the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL and the GOVERNMENT of the REPUBLIC of GUATEMALA, the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala (hereinafter referred to as the? Parts? and separately as the? Part?), bearing in mind the common interest in maintaining peace and international security, and that international conflicts should be resolved through peaceful;
Desiring to enhance the good and cordial relations between the two countries;
Recognizing the sovereignty and equality of States and non-interference in areas of exclusive jurisdiction;
Aiming to strengthen various forms of collaboration between the parties, based on the reciprocal study of topics of mutual interest, agree as follows: ARTICLE 1 object to cooperation between the parties, governed by the principles of equality, reciprocity and mutual interest, in compliance with the respective national laws and international obligations undertaken, aims to: a) promote cooperation between the parties in matters relating to defence in particular in the areas of planning, research and development, logistical support and acquisition of Defense products and services;
(b)) share knowledge and experience in the field of operations, military equipment of national and foreign origin, as well as in the fulfillment of international peacekeeping operations;
c) share knowledge in the areas of science and technology;
d) promote joint actions of training and military instruction, combined military exercises, as well as the corresponding Exchange of information;
e) collaborate in matters related to military equipment and systems;
f) cooperate in other areas in the field of defence that may be of mutual interest.
ARTICLE 2 Scope of cooperation cooperation between the parties, in the field of defence, will develop as follows: mutual visits of delegations) 's high-level civilian and military entities;
b) staff meetings and technical meetings;
c) meetings between defense institutions equivalent;
d) exchanges of instructors and students of military institutions;
e) participation in theoretical and practical courses, internships, seminars, debates and symposia in military entities, as well as civil entities of interest to the defense and other by mutual agreement between the parties;
f) visits of warships;
g) cultural and sporting events;
h) facilitate the procurement of non-lethal weaponry and equipment related to defence;
I) implementation and development of application programs and projects of Defense technology, with the possibility of participation of military and civilian entities of strategic interest to the parties.
ARTICLE 3 financial liabilities 1. each Party shall be responsible for their expenses, including: a) transport costs to and from the point of entry into the host State;
b) expenditure relating to its employees, including food and accommodation;
c) expenses for medical treatment, dental, removal or evacuation of its staff sick, injured or deceased.
2. All costs arising out of the activities under this Agreement shall be subject to the availability of funds between the parties.
ARTICLE 4 Medical Assistance Without prejudice to the provisions in item? c?, article 3, the receiving party shall provide the medical treatment of diseases that require emergency treatment at sender Part, during the development of activities within the framework of bilateral programmes of cooperation in the field of defence, in medical establishments of the armed forces and, if necessary, in other outlets getting , the sender responsible for expenditure on these people.
ARTICLE 5 Civil Responsibility 1. A shall establish any civil action against the other party or member of the armed forces of the other party for damages caused in the exercise of any of the activities falling within the scope of this agreement.
2. When members of the armed forces of either party causing loss or damage to third parties, by imprudence, ineptitude or negligence, such party shall be responsible for loss or damage, according to the current legislation of the host State.
3. In accordance with the national law of the host State, the Parties shall indemnify any damages caused to third parties by members of their armed forces on the occasion of the execution of their official duties, under this Agreement.
4.Se Armed forces of both parties are responsible for damage caused to third parties, will take both jointly and severally liable.
ARTICLE 6 safety of materials classified 1. Security of classified materials in the field of defence that may be exchanged under this agreement, shall be governed between the parties by agreement to protect classified material.
2. While the above-mentioned agreement referred to in the preceding item does not enter into force, all classified military information, exchanged directly between the parties, as well as the information of common interest generated in other ways, by either party, will be protected in accordance with the following principles: a) the receiving party will not provide to third countries any military equipment , technology or disseminate information obtained under this agreement, without the prior permission from the sender;
b) the receiving party shall equal degree of secrecy classification to the assigned by the sender and therefore take the necessary protection measures;
c) information will only be used strictly for the purpose for which it was produced or obtained;
d) access to classified information is limited to people who have? need to know? and that, in the case of information classified as? Confidential? or higher, are enabled with the appropriate? Personal security credential? issued by the competent authorities;
and the Parties shall inform each other), further changes of the levels of classification of classified information transmitted;
f) the receiving party will not be able to reduce the level of security classification or declassify the information received, without prior written permission from the sender.
3.As respective responsibilities and obligations of the parties, as security measures and protection of classified matters, will continue to apply notwithstanding termination of this agreement.
ARTICLE 7 Additional Adjustments/Amendments/revision/1.Com Programs the consent of the Parties, Additional Adjustments may be signed in specific areas of defense cooperation, involving civil and military entities, under this Agreement.
2. the programmes of activities arising out of this agreement or of these Additional Settings are prepared, developed and implemented by authorized personnel of the Ministry of Defense of the Federative Republic of Brazil and the Ministry of national defense of the Republic of Guatemala, respectively.
3. This agreement may be amended or revised with the consent of the parties, through an exchange of notes through diplomatic channels.
4. The start of the negotiations of the Additional Adjustments, amendments and revisions must occur within 60 days of receipt of the last notification and shall enter into force as provided for in article 10, becoming an integral part of this agreement.
ARTICLE 8 settlement of Disputes any dispute concerning the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the parties, under the Ministry of Defense of Brazil and the Ministry of national defence of Guatemala.
ARTICLE 9 duration and Termination 1. This agreement shall remain in effect until one of the parties decide, at any time, denounce it.
2. The denunciation shall be notified to the other party, in writing and through diplomatic channels, producing 90 effect (90) days after receipt of the corresponding notification.
3. The denunciation shall not affect ongoing programs and activities under this agreement, unless the parties decide otherwise, in respect of a program or activity.
ARTICLE 10 entry into force this Agreement shall enter into force on the thirtieth (30) day after the date of receipt of the last notification, in writing and through diplomatic channels, that complied with the requirements of national law of the parties, necessary for its entry into force.
In witness whereof, the representatives of the parties duly authorized to do so, sign this agreement, in two originals, in the Portuguese and Spanish languages, both texts being equally authentic.
Made in Brasilia, on 13 March 2006.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL SAMUEL PINHEIRO GUIMARÃES, interim Minister of Foreign Affairs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ by the GOVERNMENT of the REPUBLIC of GUATEMALA JORGE BRIZ ABULARACH Minister of Foreign Affairs