DECREE NO. 7,146, OF March 30 OF 2010.

Promuling the Agreement on Cooperation in the Field of Defence between the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala, firming in Brasilia, on March 13, 2006

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the Government of the Republic of Guatemala concluded in Brasilia on March 13, 2006, an Agreement on Cooperation in the Domain of Defense;

Whereas the National Congress passed this Agreement through the Legislative Decree no 171, of May 14, 2009;

Whereas the Agreement becomes invigorating, in the external legal plan, on June 21, 2009, in the terms of its Article 10;

DECRETA:

Art. 1st The Agreement on Cooperation in the Field of Defence between the Government of the Federative Republic of Brazil and the Government of the Republic of Guatemala, established in Brasilia, in 13 from March 2006, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd 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 that, in the terms of art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, March 30, 2010; 189º of Independence and 122º of the Republic.

LUIZ INÁCIO 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

(henceforth referred to as the?Parts? and separately as the?Part?),

Having in mind the common interest in the maintenance of peace and security, in international scope, and that international conflicts are solved by peaceful means;

Desiring to increment the good and cordial relations between the two countries;

Recognizing the sovereignty and equality of states and the non-interference in the areas of exclusive jurisdiction thereof;

Aspiring to strengthen various forms of collaboration between the Parties, taking as a basis the reciprocal study of subjects of mutual interest,

Wake up the following:

ARTICLE 1

Object

The cooperation between the Parties, governed by the principles of equality, reciprocity and mutual interest, in respect of the respective national legislations and the international obligations assumed, has as objectives:

( a) promote cooperation between the Parties in matters concerning defense, notably in the areas of planning, research and development, logistical support and procurement of defence products and services;

b) share knowledge and experiences gained in the field of operations, use of military equipment of national and foreign origin, as well as in the fulfillment of international operations of maintenance of peace;

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 on subjects related to equipment and systems military;

f) cooperate in other areas in the defense domain that may be of mutual interest.

ARTICLE 2

Class of Cooperation

The cooperation between the Parties, in the field of defence, develop it as follows:

a) mutual visits of high-level delegations to civil and military entities;

b) meetings of personnel and technical meetings;

c) meetings between the equivalent defense institutions;

d) exchange of instructors and students of institutions military;

e) participation in courses theoretical and practical, internships, seminars, debates and symposia in military entities, as well as in civil entities of interest for the defense and others, of common agreement between the Parties;

f) visits of warships;

g) cultural and sporting events;

h) facilitate the acquisition of non-lethal equipment and weaponry related to the defense;

i) implementation and development of defense technology application programs and projects, with the possibility of participation of military and civilian entities of strategic interest to the Parties.

ARTICLE 3

Financial Liability

1.Cada Part will be responsible for its expenses, including:

a) the transportation costs of and to the point of entry in the State host;

b) the expenses relating to the your staff, including food and lodging;

c) the expenses regarding medical, dental treatment, removal or evacuation of their sick, injured or deceased personnel.

2.Todos the costs arising from the activities under this Agreement will be subject to the availability of appropriations between the Parties.

ARTICLE 4

Medical Care

Without prejudice to the provisions of the inciso? c?, of Article 3, the receiving Party shall provide the medical treatment of infirmities that require emergency treatment in the personnel of the sender Party, during the development of activities in the framework of bilateral defence cooperation programs, in medical establishments of the Armed Forces and, if necessary, in others establishments staying, the Part sender responsible for the expenses with this personnel.

ARTICLE 5

Cable Responsibility

1.Uma Part will not institute any actionable action against the other Party or member of the Armed Forces of the other Party for damages caused in the exercise of some of the activities that are in the framework of this Agreement.

2.Quando members of the Armed Forces of any of the Parties cause loss or damage to third parties, by impudence, imperfection or negligence, such Party shall be liable for loss or damage, as per the prevailing legislation of the host State.

3.Nos terms of the national legislation of the host state, the Parties will inquest any damage caused to third parties by members of their Armed Forces, on the occasion of the execution of their official duties, pursuant to this Agreement.

4.Se the Armed Forces of both Parties are responsible for the damage caused to third parties, will assume both, solidarily, the liability.

ARTICLE 6

Safety of Classified Materials

1 .The safety of classified materials in the field of defense that come to be exchanged under this Agreement, it will be regulated between the Parties by agreement for the protection of classified matter.

2.Enquanto the aforementioned agreement referred to as the previous item does not come into effect, all classified military information, exchanged directly between the Parties, as well as the information of common interest generated in other ways, by each of the Parties, shall be protected in accordance with the following principles:

a) the addressary Party will not provide any third countries any military equipment, technology or disseminate information obtained under this Agreement, without the prior authorization of the sender Party;

b) the addressary Party shall carry the classification of equal degree of secrecy to that assigned by the Sender Party and consequent will take the necessary protective measures;

c) the information will only be used strictly for the purpose for which it was produced or obtained;

d) the access to classified information is limited to people who have? need to know? and which, in the case of classified information as?Confidential? or higher, be empowered with the proper?Personal Security Credential? issued by the respective competent authorities;

e) the Parties shall inform, mutually, of the subsequent changes in the classification degrees of the classified information transmitted;

f) the addressable part will not be able to decrease the grade grade of security or declassify the information received, without prior written authorization from the sender Party.

3.As respective responsibilities and obligations of the Parties, as well as security and matter protection arrangements graded, will continue applicable notwithstanding the termination of this Agreement.

ARTICLE 7

Adjustments Supplementary / Emendas/Revision / Programs

1.Com the consent of the Parties, Supplementary Adjustments may be signed in specific areas of defense cooperation, involving civilian and military entities, pursuant to this Agreement.

2.Os programs of activities arising from the this Agreement or of the said Supplementary Adjustments shall be drawn up, developed and implemented by authorized personnel of the Ministry of Defence of the Federative Republic of Brazil and the Ministry of National Defence of the Republic of Guatemala, respectively.

3.Este Agreement may be amended or revised with the consent of the Parties, through exchange of notes, by the diplomatic channels.

4 .The start of the negotiations of the Supplemental Adjustments, the amendments and the revisions are expected to occur within sixty days after the receipt of the last notification and will enter into force as provided for in Article 10, going on to be an integral part of this Agreement.

ARTICLE 8

Resolution of Controversies

Any dispute concerning the interpretation or application of this Agreement will be resolved through consultation and negotiations between the Parties, within the framework of the Ministry of Defense of Brazil and the Ministry of National Defense of Guatemala.

ARTICLE 9

Vigence and Denpronunciation

1.Este Agreement will remain in effect until one of the Parties decides, at any time, to report it.

2 .The complaint is to be notified to the other Party, in writing and by diplomatic track, producing ninety effect (90) days after the receipt of the respective notification.

3 .The complaint will not affect the ongoing programs and activities under this Agreement, unless the Parties decide another mode, in relation to a program or concrete activity.

ARTICLE 10

Entry into force

This Agreement will enter into force on the thirtieth (30) day after the date of receipt of the last notification, in writing and by diplomatic way, that the internal law requirements of the Parties, necessary for their entry into force, have been met.

In faith of what, the representatives of the Parties, duly authorized to do so, firm the present Agreement, in two originals, in the Portuguese and Spanish languages, being both texts being equally authentic.

Done in Brasilia, on March 13, 2006.

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

SAMUEL PINHEIRO GUIMARÃES

Minister, interim, of Foreign Relations

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FROM GUATEMALA

JORGE BRIZ ABULARACH

Foreign Minister