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Decree No. 3853, Of 29 June 2001

Original Language Title: Decreto nº 3.853, de 29 de Junho de 2001

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DECREE NO. 3,853, OF June 29, 2001

Disposes on the implementation of the Third Additional Protocol to the Partial Reach Agreement for the Facilitation of Trade No. 5 (Recife Agreement), between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, of September 29, 2000.

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

Considering that the Treaty of Montevideo of 1980, which created the Latin Association?American of Integration (ALADI), firmed by Brazil, on August 12, 1980, and approved by the National Congress, through the Legislative Decree No. 66 of November 16, 1981, provides for the modality of Partial Reach Agreement for the Facilitation of the Trade;

Whereas the Partial Reach Agreement for the Facilitation of Trade No. 5 (Recife Agreement) of May 18, 1994 between the Governments of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, was promulgated by the Decree No. 1,280 of October 14, 1994;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, of the Argentine Republic, of the Republic of Paraguay and the Eastern Republic of Uruguay, on the basis of the Treaty of Montevideo of 1980, signed, on September 29, 2000, in Montevideo, the Third Additional Protocol to the Partial Scope Agreement for the Facilitation of Trade No 5 (Agreement of Recife), between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay;

DECRETA:

Art. 1º The Third Additional Protocol to the Partial Reach Agreement for the Facilitation of Trade No. 5 (Recife Agreement), between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º This Decree comes into effect on the date of its publication.

Brasilia, June 29, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Partial Reach Agreement for the Trade facilitation,

celebrated between Argentina, Brazil, Paraguay and Uruguay

Third Additional Protocol

The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and of the Eastern Republic of Uruguay, accredited by their respective Governments, second powers that were bestowed in good and due shape, deposited opportunely in the Registry?General of the Association.

Considering that the Common Market Council, through its Decision No. 5/00, has approved modifications to the text of the First Additional Protocol to the Partial Reach Agreement of Trade Promotion No. 5 For the Facilitation of Trade, called the "Recife Agreement", concluded between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay,

Concomes in:

Article 1º-Approve the revised, ordered and consolidated text of the First Additional Protocol to the "Recife Agreement", which is transcribed in attachment to this Protocol and which is part of the even.

Article 2º-This Protocol will enter into force on the date of its signature.

The Registry?General of the Association shall be a depositary of this Protocol, of which it will send duly certified copies to the signatory Governments.

In faith of what, the respective Plenipotentiaries sign the present Protocol in the city of Montevideo, at the twenty-nine days of the month of September two thousand, in an original in the Portuguese and Spanish languages, being both texts being equally valid. (a:) By the Government of the Argentine Republic: Carlos Onis Vigil; By the Government of the Federative Republic of Brazil: José Artur Denot Medeiro: By the Government of the Republic of Paraguay: Efraín Darío Centurión; By the Government of the Eastern Republic of Uruguay: Jorge Rodolfo Talice

Annex

Agreement for the Facilitation of Trade, concluded between a

Argentine Republic, the Federative Republic of Brazil, the Republic

of Paraguay and the Eastern Republic of Uruguay

The Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, accredited by their respective Governments, shall be able to formalize the Additional Regulatory Protocol of the "Recife Agreement" on operating procedures to regulate the integrated controls, the text of which is transcribing below.

Chapter I

Provisions regarding to customs controls

Article 1º-Customs controls to be carried out by the officials in the Integrated Control Area refer to:

a) to the different customs regimes of the States Parties that regulate the exit and entry of goods;

b) to the dispatches of export and import of goods by the special trade or border traffic arrangements;

c) to the exit and entry of vehicles private or private and carriage of passengers and goods, included the vicinal transit; and

d) to the luggage accompanied by the passengers.

Article 2º-Import duties under general arrangements of goods, whose solicitations document themselves and tramway before some of the border customs offices of the States Parties, establishes? if the following distinction:

a) Dispatch of merchandise that does not enter the deposit. In this case, the dispatching may be documented, the documentary control and authorized its tramite and, if it is the case, effected the payment of the tributes in the intervening customs allocation, preposterously on the arrival of the merchandise to the Control Area Integrated, in accordance with the current legislation. The officials of the country of entry, on the occasion of their intervention, will check the goods and the dispatch documentation previously examined and authorized and, with no impediments, will give by abiding their intervention and will carry out, therefore, your release;

b) Dispatch of goods entering the deposit. In this case, customs officers, once the intervention of the outgoing country officials, will proceed to the backside of the goods to the enclosure enabled for these purposes, with the required care and formalities, with the purpose of of submitting? la to the corresponding customs intervention.

Article 3º-In the dispatches of export in the general regime of goods, the officials will give compliance to the customs control of exit in the Integrated Control Area, by proceeding, if it is the case, to the release of the goods for the purposes of the intervention of the country of entry's employee.

Article 4º-States Parties will be able to apply selective control criteria to goods submitted to dispatch, both in the export and the import regime.

Article 5º? In the export and import operations of goods by the special trade or border traffic regime sets out that:

a) the registration and habilitation of persons benefiting from this scheme will be held as per current legislation in the States Parties;

b) the control, with regard to the exit and entry of goods to the amparo of that regime, shall be carried out by the officials acting in the Integrated Control Area, of compliance with the said/input sequence.

Article 6º? On the exit and entry of private vehicles establishes that:

a) registration and customs control of the exit and entry will be exercised in the Integrated Control Area by the customs officials of the country of exit and the country of input, in their respective order;

b) for the effects of the registration will be used the current forms or the systems of substitutive registers that implement;

c) if the registration is suspended of exit and input for community vehicles, the controls inherent in its transit will be adjusted to the special provision that for these purposes establishes itself, and of compliance with the prescribed in Chapter I, Article 1º, " Projects, Principles and Instruments ", of the Treaty of Assumption, concerning the free movement of goods.

Article 7º? At the exit and entry of means of carriage of passengers and goods sets out that:

a) the occasional means of transport of persons and goods shall count on the corresponding habilitation for the provision of these services, issued by the competent repartitions of the States Parties;

b) the procedures for the exit and the entry will be analogous to those established for the private vehicles in Article 6º;

c) the regular means of transport of passengers and goods, which count on the corresponding qualification issued by the competent apportionment of the States Parties, will be able to leave and enter under the temporary export and admission schemes, without need for request to submit any warranty;

d) when means of transport, mentioned in the preceding paragraphs, should be the object of repair works, processing, or of any other improvement, the respective operations will be subject to the regimes that are applicable in each case, as per the current legislation in the States Parties;

and) in all aspects not contemplated shall be preceded by applicable the standards set out in Annex I, Customs Aspects, of the Agreement on International Land Transport between the Countries of the South Cone.

Article 8º? At the exit and entry of vehicles by the special border vicinal transit regime, establishes? if the registration, the granting of "Vehicle Vicinal Transit Licence" and its regulation and operating modalities will adjust to the standards vigour in the States Parties.

Article 9º? In the baggage regime accompanied by the passengers or tourists if they will implement the use of selective control systems, adapted to the structural and operational characteristics of the Integrated Control Areas.

Article 10? The border customs authorities with jurisdiction in the Integrated Control Areas will be permitted to authorize, through a simplified procedure, the export or temporary admission of goods which, on the grounds of the holding of congresses, sports competitions, artistic performances or the like, are carried out by and for permanent residents in the nearby border localities. These requests will be implemented through the use of a unified form, subscribed in a joint form by the interested requester and the event organizer, and without any other requirement and / or warranty, taking on these responsibilities, on the grounds of their defulfillment, by the tributes and / or penalties arising.

Article 11? Checks on goods and vehicles entering an Integrated Control Area will be carried out, as far as possible, simultaneously, by the officials allocated therein, without prejudice to the application of the prevailing legislations in each State Part, and under the principle of prior intervention of the country of exit.

Chapter II

Provisions regarding the migratory controls

Article 12? The exit and entry controls of persons in the territory of a State Party shall be subject to verification by the competent officials of both countries located in the Integrated Control Area.

Article 13? The control of the people by the country of exit will be carried out in advance to the control of the country of entry.

Article 14? For the purposes of the realization of the integrated control, should it be understood? if that:

a) once authorized the entry of persons, it will be handed over to these, if it is the case, the documentation that empowers their ticket in the territory;

b) should the home country be the country of entry and not be allowed the exit of persons, by the authorities of the borroofing country, these should return to the territory of the country of exit, for the relevant effects;

c) case has been authorised to leave people and is not allowed their ticket, by the competent authority, whether on the grounds of legal, regulatory and / or administrative provisions, the same should return to the country of exit.

Article 15? In the Integrated Control Area, when infractions are proven to the prevailing provisions, the officials of the country limitrophe abster? se?ao of expediting the documentation that empowers the exit-if it exists? and shall request, to the competent authority of the registered country, the collaboration provided for in Article 3º (c) " of the Recife Agreement.

Article 16? The officials who carry out the migratory controls will require, when it is fit, the skilful travel documentation that each of the States Parties determines, or that unified that jointly be agreed upon.

Article 17? Officials will request persons transiting through the territory of the States Parties the following data, in the forms set out for each case:

1) Surname and name;

2) Date of birth;

3) Nationality;

4) Type and document number;

5) Country of residence;

6) Sex.

When cableable, this information will be provided through the international passenger transport companies.

Article 18? Treating? if underage, employees who carry out the exit controls will request permission or travel authorization, as per current legislation in the State Part of nationality of the minor.

Article 19? Should there be agreements on Border Vicinal Transit, the outbound and inbound migratory controls will fit into them established.

Chapter III

Provisions regarding controls phytosanitary

Article 20? The phytosanitary controls regarding the entry of vegetables in each of the States Parties shall be carried out by the officials, in a joint and concurrent form, in the Integrated Control Area. They are excluded from the established precedents where, by legal, regulatory, administrative, or international-convent provisions, phytosanitary controls should be carried out, through quarantines, as a prerequisite to free entry.

Article 21? The phytosanitary inspections carry out? se?ion in all cases. To do so, adjust? se?ion to the list of permuted plant products, as per the phytosanitary risk. This will be applicable to the goods documented in the amparo of MIC/DTA and TIF/DTA.

Article 22? The phytosanitary documentation that must accompany the vegetables, their parts, products and by-products, according to the risk analysis, is the unique and common phytosanitary certificate to the States Parties.

Article 23? Employees of each State Party must have a Guide / Inspection and Sample Regulation, which will have as their purpose to instruct them in the specific tasks of control.

Article 24? Phytosanitary control procedures, in the international transit of vegetables by the States Parties, will be consistent with the quarentenary principles adopted by COSAVE-MERCOSUL and, with regard to the intensity of the measures adopted, shall respect the principles of necessity, minimal impact, risk manhandling and be based on risk analysis carried out on factors uniquely linked to transit.

Article 25? The plant health inspection of vegetables, the supervision of agrochemicals and the dispatch of the respective certificates will be carried out by the technical inspectors, enabled for these purposes in the Single Registry of employees. For these purposes, the States Parties should keep the respective record up to date.

Article 26? The control of vegetable products carried by passengers will adjust to the "Positive List" agreed upon by the States Parties.

Article 27-In case of the need to address controversies, the parties submit? se-abide by the Control Solution procedures foreseen in the MERCOSUR Normative.

Chapter IV

Provisions regarding zoossanitary controls

Article 28? For the purposes of this Chapter, it is understood by zoossanitary control the set of sanitary and / or zoossanitary order measures, harmonized by the official authorities of the States Parties, put in place in the Integrated Control Areas.

Article 29? They will be liable to control all animals (including vertebrates and invertebrates, from cold or hot blood, domestic or wild, birds, fish, marine mammals, reptiles, batrachiums, bees and arthropods destined for any purpose), all products, by-products and their derivatives of animal origin (including those with a destination to human and animal nutrition, to the pharmaceutical industry, industrial use and ornamentation), animal reproductive material (including semen, embryos, eggs, embryonic eggs and all precursors of life), and the biological and chemotherapeutic products intended for veterinary use.

Article 30? By introducing into the Integrated Animal Control Area or products, for import or transit to third countries, the personnel of the veterinary services of the States Parties shall carry out the corresponding documentary control, physical control, of identity, of lacres, stamps, cold equipment, temperature, products conserved in cold, tightness, filiatory data when necessary, general and transport conditions, in advance to all customs intervention. In cases of physical removal of lacres and later lacration, this will be done in a coordinated manner with the customs authority.

Article 31? For the purposes of the application of this Chapter, please understand by:

a) Documental Control: the verification of certificates or documents accompanying animals or products;

b) Physical Control: control appropriate of the animal or product, and may include? if the taking of samples for analysis;

c) Identity Control: check, by inspection, of the correspondence between the documents or certificates and the animals or products, such as the presence of marks, labels or other forms of identification;

d) Sanitary Certificate: it is the certificate expedited by Official Veterinarian enabled by the country of provenance, in which they have amped up products, byproducts and their derived from animal origin;

e) Zoossanitary Certificate: is the certificate expedited by authorized official Veterinarian of the country of provenance, in which they amped up animals, semen, ova, embryos, fertile eggs for incubation, eggs of bees and any precursor form of animal life.

Article 32? Imports of animals and products subject to zoossanitary control shall count on authorisation provided for by the health authority of the importing country, in a fit of cases, in which the target date and the boundary point of ingress.

Article 33? With respect to the sanitary certifications of animal products:

a) will be chancelled by authorized official staff, with their signature, name by extensive and stamp, indicating place and date of admission, as well as place and date estimated to be out, in case of dealing with transit to third countries, such as, also, for States Parties. One lane will be withheld and the remaining ones returned to the carrier;

b) when they are transported animals in various vehicles, loved by single-source certification, one of the vehicles will take the original and the remaining copies authenticated;

c) in case of amendments or rasures, only they will be considered valid when they are avalized by authorized clerk, counting on their signature and name by extensive.

Article 34? In cases of confiscation and / or destruction of goods understood in this Chapter the vehicle or vehicles carrying them shall be rehabilitated sanitary, by the competent authority, at the place of discharge, with charge of the expenses to the conveyor, before they are moved from that place with any purpose.

Article 35? Both the rejection of the ingress of the goods understood in this chapter and its destruction, or any infraction to this standard, shall be communicated, by the acting authority, to its similar from the other State Party.

Article 36? For trangles between States Parties, through another of them, the arrival of a vehicle with lacre rupture in Integrated Control Area of transit country exit will only be admitted when a documented statement is submitted, issued by competent official authority, on the justification of that circumstance.

Article 37? The controls of animals and products carried by people in transit, in the Integrated Control Area, will be carried out second harmonised application criteria by the official health authorities of each of the States Parties.

Article 38? Means of transport of animals and products included in this Chapter shall count on:

a) habilitation by the competent authorities of the country to which they belong;

b) devices that allow to place stamps and / or lacres that guarantee their inviolability;

c) autonomous cold, air conditioners, humidity and thermal registers, in case of carrying products that so require.

Chapter V

Provisions referring to the transport controls

Article 39? The controls regarding the means of transport of passengers and loads that are exercised in Integrated Control Area by the competent officials of the States Parties to adjust? se?ao to the established in the Emerging Application standards of the Agreement on International Land Transport between the countries of the South Cone, and all other complementary and / or modifiable standard that is dictated.

Article 40? There being delegation of functions, by the Transport Bodies, for the exercise of the controls in the Integrated Control Areas this should be communicated to the remaining States Parties.

Chapter VI

General provisions

Article 41? When establishing? if the criterion for the integrated controls to be carried out in each Integrated Control Area (Country of Input / Country Sede or, if it is the case, Country of Exit / Country Sede), this should be the criterion to be adopted for all products, regardless of their nature and the modality of control.

Article 42? In the chaos in which the Entry Country / Country criterion is adopted, and when the competent sanitary, phytosanitary and zoossanitary control bodies do not permit the ingress of products to the territory of the Country of Entry, the conditions for the return of those to the Country of Exit, or for the implementation of the sanitary, phytosanitary and zoossanitary treatment measures, quality and / or other necessary classification, which will subsequently permit the release of the shipment or its destruction.

Article 43? The provisions of Article 22 of the Partial Reach Agreement for the Facilitation of Trade, between Argentina, Brazil, Paraguay and Uruguay? Reef agreement? does not impair the realization of the integrated controls of products of the plant kingdom as per the Country of Exit / Country Sede criterion, when it is of interest to both States Parties to take into consideration the prescriptions set forth by the Convention International Phytosanitary Protection (FAO), noted the provisions of Art. 41.

Article 44? The Supervisory Services, in the Integrated Contemporary Trole Area, by the Customs, Migratory, Sanitary and Transportation Bodies of the States Parties, shall be provided permanently.

Article 45? The officials of the States Parties who fulfill activity in the Integrated Control Areas provide? shall be the mutual collaboration necessary for the best performance of the control tasks to them assigned.

Article 46? The transgressions and / or illicit that are detected in the act of control by the acting services in the Integrated Control Area shall ensure the adoption of the cableable measures, in accordance with the terms of Chapter II, "General Provisions of Controls", of the Reef agreement.

Article 47? The Organs of States Parties with activity in the Integrated Control Area shall adopt the measures aimed at harmonizing, compatibilization and further streamlining of the systems, regimes and procedures of respective controls.