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Provisional Measure No. 564, 3 April 2012

Original Language Title: Medida Provisória nº 564, de 3 de Abril de 2012

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PROVISIONAL MEASURE # 564, OF April 3, 2012

Altera the Law No. 11,529, of October 22, 2007, to include in the Program Revitalizes of the BNDES the sectors that specifies, has on financing for indirect exports, authorizes the Executive Power to create the Brazilian Agency Managing Director and Guarantees S.A. -ABGF, authorizes the Union to participate in funds dedicated to ensuring foreign trade operations or large-vulture infrastructure projects, amends the Act No. 12,096, of November 24, 2009, and gives others 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 art. 1º of Law No. 12,096 of November 24, 2009, it passes the invigoration with the following amendment:

" Art. 1º It is the Union authorized to grant economic grant, under the modality of equalization of interest rates, in the financing operations contracted until December 31, 2013:

I-to the National Economic and Social Development Bank- BNDES aimed at the acquisition and production of capital goods, included components and technological services related to the production of consumer goods for export, to the electric power sector, to structures for export of liquid bulk bulk carriers, the engineering projects, technological innovation and investment projects aimed at the constitution of technological and productive capacity in sectors of high knowledge intensity and engineering.

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§ 1º The total value of financing subsidized by the Union is limited to the amount of up to R$ 227,000,000,000.00 (two hundred and twenty seven billion reais).

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§ 9º Act of the Executive Power will have on composition and competences of interministerial council responsible for the approval of the eligibility of investment projects aimed at the constitution of technological and productive capacity in high-intensity sectors of knowledge and engineering of which it treats the inciso I of the caput, for the purposes of granting the grant economic of which treats the caput. " (NR)

Art. 2º The art. 2º of Law No. 12,453 of July 21, 2011, it passes the invigoration with the following amendment:

" Art. 2º Stay the Union authorized to grant credit to the National Economic and Social Development Bank-BNDES, in the amount of up to R$ 100.000.000,000,00 (one hundred billion reais), under financial and contractual conditions to be defined by the Minister of State of the Farm.

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Art. 3º The arts. 1º and 2º of the Law No. 9,529 of December 10, 1997, they go on to invigorate with the following changes:

" Art. 1º Indirect export is considered, for purposes of access to external lines of commercial credit, the sale of inputs integrating the productive process, the assembly and packaging of goods destined for export, provided that the company exporting final exporter, acquirer declare that inputs will be used in any of the processes referred to in this article.

§ 1º Also consider indirect export, for the purposes of the caput, the sale to exporting commercial enterprises of goods intended for export.

§ 2º A finding, at any time, of the falsity of the declaration that it treats the caput, subject to the acquiring company of the inputs to the payment of the tributes that are no longer collected, increased by moratory interest and fine, without prejudice to the remaining potable penalties. " (NR)

" Art. 2º In the intervention hypothesis, extrajudicial settlement or bankruptcy of financial institution that has granted credit to indirect export operations, the importances received for settlement of the credit will be intended for the payment of the lines commercials that gave them origin, in the terms and conditions established by the Central Bank of Brazil.

Single paragraph. In the case of bankruptcy or judicial recovery of the funded indirect exporter, the financial institution that there is granted credit may ask for the restitution of the respective importances. " (NR)

Art. 4th O art. 2nd of the Law no 11,529, of October 22, 2007, passes the vigour with the following amendment:

" Art. 2nd .....................................................................................

I-to companies in the sectors of:

a) fruits in natura and processed;

b) ornamental stones;

c) manufacture of textile products;

d) confection of articles from clothing and accessories;

e) preparation of hides and fabrication of leather artefacts and articles for leather travel;

f) manufacture of footwear;

g) manufacture of wood products;

h) manufacture of wooden artifacts, straw, cork, wicker, and braided material;

i) agricultural fertilizers and defensives;

j) manufacture of ceramic products;

k) manufacturing of capital goods, except automotive vehicles for transport of loads and passengers, vessels, aircraft, railcars and railway locomotives and metrovians, tractors, harvesters and road machines;

l) fabrication of electronic and communications material;

m) manufacturing of computer equipment and peripherals;

n) manufacture of parts and accessories for automotive vehicles;

o) aids assistive techniques and technologies to people with disabilities;

p) furniture manufacturing;

q) manufacture of toys and recreational games;

r) fabrication of instruments and materials for medical and dental use and of optical articles;

s) activities of the information technology services, inclusive software; and

t) transformed plastics; and

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Art. 5º The Provisional Measure No. 2.156-5 of August 24, 2001 passes the invigoration with the following changes:

" Art. 3º .....................................................................................

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§ 2º Of the amount of resources to which it refers inciso VI of the caput of the art. 4º, will be targeted annually the percent of an integer and five tenths per cent, for the costing of activities in research, development and technology of interest of regional development, to be applied in the form defined by the Council Deliberative. " (NR)

" Art. 4º .....................................................................................

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V-a reversal of the annual balances no applied;

VI-the product of the return of the funding operations granted; and

VII-other resources provided for in law.

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" Art. 6º The FDNE will have as agents operators the Bank of Northeast Brazil S.A. and other federal official financial institutions, to be defined in an act of the Executive Power, with the following competencies:

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" Art. 7º-A. The risks resulting from the operations carried out with FDNE resources may be borne in full by the Operators ' agents in the form that the National Monetary Council is available, by proposal of the Ministry of National Integration.

§ 1º Ficam a SUDENE and the operators' agents authorized to conclude additives among themselves for the increase in the remuneration of the operator agent, for contracted operations up to the date of publication of this Interim Measure, should this assume one hundred percent of the risk of the operation.

§ 2º The additives referred to in § 1º will contemplate reduction of the installment of the interest intended as revenues to the FDNE, so that the total charge fee paid by the borrower of the resources remains unchanged. " (NR)

Art. 6º The Provisional Measure No. 2.157-5 of August 24, 2001 passes the invigoration with the following changes:

" Art. 3º .....................................................................................

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§ 2º Of the amount of resources to which it refers inciso VI of the caput of the art. 4º, will be targeted annually the percent of an integer and five tenths per cent, for the costing of activities in research, development and technology of interest of regional development, to be applied in the form defined by the Council Deliberative. " (NR)

" Art. 4º .....................................................................................

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V-a reversal of the annual balances no applied;

VI-the product of the return of the funding operations granted; and

VII-other resources provided for in law.

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" Art. 7º-A. The risks resulting from the operations carried out with FDA resources could be borne in full by the operators ' agents, in the form that the National Monetary Council-CMN disposes, by proposal of the Ministry of National Integration.

§ 1º Ficam a SUDAM and the operators' agents authorized to conclude additives among themselves for the increase in the remuneration of the operator agent, for contracted operations up to the date of publication of this Interim Measure, should this assume one hundred percent of the risk of the operation.

§ 2º The additives referred to in § 1º will contemplate reduction of the installment of the interest intended as revenues to the FDNE, so that the total charge fee paid by the borrower of the resources remains unchanged. " (NR)

Art. 7º 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 the Amazonian Development Fund-FDA and of the Northeast Development Fund-FDNE.

§ 1º In cases where the agents operators of the FDA and the FDNE fully take the risks of credit operations in full, the economic grant will be granted to federal official financial institutions defined as operators.

§ 2º The economic grant will correspond to the differential between the remuneration to which they will be jus the institutions federal officers ' financial and the charges charged to the final borrower of the credit.

§ 3º The payment of the economic grant will be effected by using resources of specific budget appropriations, to be allocated in the General Budget of the Union.

§ 4º The payment of the grant, with views to the fulfillment of the provisions of the inciso II of § 1º of the art. 63 of 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 correctness of the information concerning the operations carried out.

§ 5º The irregular application of the resources coming from the grants of which this is Interim Measure will 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 Law No. 4,595 of December 31, 1964.

Art. 8º The criteria, conditions, deadlines and remuneration of the federal official financial institutions in financing will be defined by the National Monetary Council, by means of a proposal from the Ministry of National Integration.

Art. 9º. Caberá to the Ministry of Finance set out the methodology, operating standards and too much conditions for the payment of the grant.

Art. 10. The federal official financial institutions benefiting from the grant are to refer to the Ministry of Finance information regarding the operations carried out, in the format and periodicity indicated in act of the Minister of State for Finance.

Art. 11. The economic subsidy of which treats art. 7º may be granted in the contracted operations up to the date of publication of this Interim Measure by SUDAM and SUDENE, provided that the federal official financial institution passes in full the risk of the transaction.

Art. 12. The remuneration of the 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. 13. The § 3º of the art. 1º of Law No. 7,972 of December 22, 1989, it passes the invigoration with the following essay:

" § 3º The instruments of the hiring referred to in this Law will be submitted to the prior examination of the Attorney General of the Farm National who will be able to, including, analyze standard contracting instruments, relating to credit operations of the same species. " (NR)

Art. 14. The arts. 5º and 20-A of the Law No. 10,260 of July 12, 2001, they go on to invigorate with the following changes:

" Art. 5º .....................................................................................

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VI- ...........................................................................................

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b) thirty percent per contracted operation, on parcel not guaranteed by funds instituted in the form of the inciso III of the art's caput . 7º of Law No. 12,087 of November 11, 2009, for educational institutions defaulted on federal tax obligations; and

c) fifteen percent per contracted operation, on unsecured repayment by funds instituted in the form of the inciso III of the caput of the art. 7º of Law No. 12,087, of 2009, for educational institutions adimated with the federal tax obligations;

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" Art. 20-A. The National Education Development Fund-FNDE will have a deadline of June 30, 2013 to take on the role of operator agent of the formalized financing contracts under the FIES by January 14, 2010, by the Economic Box Office Federal, during this period, give continuity to the performance of assignments arising from the burden. " (NR)

Art. 15. The arts. 9º and 10 of the Law No. 12,087 of November 11, 2009, they go on to invigorate with the following changes:

" Art. 9º .....................................................................................

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§ 4º ...........................................................................................

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II-the minimum guarantees that will be required for operations to which they will give coverage, except in the case of the direct guarantee of the risk in educational credit operations of which it treats the inciso III of the art's caput . 7º;

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V-the maximum warranty limits provided by the fund, which, in the hypothesis of limits defined by credit operation, do not may exceed eighty per cent of the value of each guaranteed operation, except in the case of the educational credit operations of which it treats the inciso III of the art's caput . 7º, which should be of ninety percent of the value of each guaranteed operation; and

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" Art. 10. It is set up the Board of Participation in funds secured credit risk funds for micro, small and medium-sized enterprises and in educational credit operations, collegiate body, which will have its composition and competence established in act of the Power Executive.

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Art. 16. The exception established in the inciso II of § 4º of the art. 9º of Law No. 12,087, of 2009, pursuant to the amendment promoted by this Interim Measure, may also focus on the credit operations already contracted with the guarantee of funds from which it treats the inciso III of the art's caput . 7º of Law No. 12,087, of 2009, withheld the deposits of the minimum guarantees relating to such transactions due by the month of publication of this Provisional Measure, which are to be deposited and used pursuant to the status of the fund.

Art. 17. Stands the Union, by means of act of the Executive Power and observed the economic equivalence of the operation, authorized to issue securities of the federal furnished public debt, in the form of direct placement, in substitution to shares of companies of economy Federal mixed held by the Export Guarantee Fund-FGE.

Art. 18. It is the Union authorized to participate, in the quality of a cotist, at the total limit of R$ 14,000,000,000.00 (fourteen billion reais), of funds which, met the requirements set out in this Interim Measure, are for the purpose of ensuring:

I-the commercial risk in credit operations to foreign trade with full time limit of two years;

II-the political and extraordinary risk in credit operations to foreign trade of any time frame; and

III-the risk of disfulfilling contractual obligations regarding the export operations of goods or services under the forms of guarantees provided for in the Statute.

§ 1º The integralisation of quotas by the Union will be authorized by decree and will be carried out, at the discretion of the Minister of State for Finance:

I-in currency currents;

II-in public bonds;

III-by means of shares of societies in which it has minority participation; or

IV-through shares of federal mixed-economy societies surplus to the necessary for maintenance of their controlling shareholder.

§ 2º The representation of the Union in the Assembly of Cotists will give in the form of the inciso V of the art's caput . 10 of the Decree-Law No. 147 of February 3, 1967.

§ 3º The funds should not carry out the public distribution of its quotas.

§ 4º The funds are to be set up, administered, managed and represented judicial and extrajudicially by the public company envisaged in the art. 27 of this Provisional Measure.

§ 5º Until the full operation of the public company envisaged in the art. 27 of this Provisional Measure, funds may be set up, administered, managed and represented judicial and extrajudicially by financial institution controlled, directly or indirectly, by the Union, with observance of the standards to which the inciso XXII of the caput of the art. 4º of Law No. 4,595 of December 31, 1964.

Art. 19. The funds from which it treats art. 18 will have private nature and own heritage separate from the heritage of the cotists and the administrator, will be subject to rights and obligations of their own, will not count on any kind of guarantee or guarantee on the part of the public power and will respond by your obligations to the limit of the goods and the integral rights of your estate.

§ 1º A administrator will make jus the remuneration for the administration of the funds as set out in the statutes.

§ 2º The administrator and the cotists will not respond for any obligation of the funds dedicated to foreign trade operations, save, in the case of the cotists, by the integralization of the quotas that they subscribe to.

§ 3º The funds will not be able to pay income to their cotists, ensuring that any of them the right to apply for the full or partial rescue of their respective quotas, making up for settlement on the basis of the fund's equity, vetting the ransom of quotas in excess of the amount of available financial resources not yet linked to the guarantees already contracted, in the terms of the respective statutes.

§ 4º The funds are expected to receive pecuniary commission for the purpose of remunerate them for the guarantees granted.

§ 5º The patrimony of each fund will be formed:

I-by the integralization of cots;

II-by the commission of which it treats the § 4º;

III-for the result of the financial applications of its resources;

IV-by the credit recovery of honed operations with resources by it provides; and

V-by other fonts defined in statute.

§ 6º The status of each fund is expected to predict:

I-the passable operations of the guarantee by the fund;

II-the minimum contragaranties that will be required;

III-the competence for the managing director of the fund to deliberate on the management and disposal of the goods and rights of the fund, zeling for the maintenance of its profitability, liquidity and solvency;

IV-a remuneration of the fund administrator;

V-the possibility of hiring third parties to assist in the exercise of the activities referred to in § 4º of the art. 18

VI-the maximum guarantee limits provided by the fund and the maximum levels of risk in that the fund will be able to operate;

VII-the minimum percentage of participation of the institution administrator in the fund's equity; and

VIII-the cases in which the acquisition of quotas by the entities involved in operations that count on guarantees from the funds.

Art. 20. The dissolution of the funds from which it treats art. 18 shall be conditional on the prior discharge of the whole of the guaranteed debits or the release of the guarantees by the beneficiaries and the granting institutions or entities of the credit.

Paragraph single. Dissolved the funds, their heritage will be distributed among the cotists, in the ratio of its quotas, based on the heritage situation on the date of the dissolution.

Art. 21. It is created the Board of Participation in Guaranteed Funds of Foreign Trade Operations, collegiate body integral to the basic structure of the Ministry of Finance, which will have its composition and competency established in act of the Power Executive.

Single paragraph. The participation of the Union in the funds of which it treats art. 18) the prior examination of the respective bylaws by the Council of which it treats this article.

Art. 22. The incomes earned by the funds of which it treats art. 18 do not subject themselves to the incidence of income tax at the source, and they should integrate the basis of calculating the taxes and contributions owed by the cotist, in the form of the current legislation, when there is the rescue of quotas, total or partial, or in the dissolution of the fund.

Art. 23. It is the Union authorized to participate, in the quality of cotist, at the total limit of R$ 11,000,000,000.00 (eleven billion reais), of the secured fund for coverage of risks related to the operations of which it treats § 7º of the art. 24.

Art. 24. The fund mentioned in the art. 23 should be set up, administered, managed and represented judicial and extrajudicially by the public company envisaged in the art. 27 of this Provisional Measure.

§ 1º The administrator will make jus the remuneration for the administration of the fund as per established in the statute.

§ 2º The fund will be able to offer, directly or indirectly, coverage for credit risk, risk of performance, risk of disfulfilling contractual obligations or risk of engineering, observed the conditions and forms provided for in the respective statute.

§ 3º The fund will only be able to offer coverage in a direct way, when there is no acceptance, in whole or in part, of the risks laid out in § 2º by the insurer companies and reinsurers.

§ 4º The fund will be able to offer coverage in an indirect way, when supplementary or supplemental insurance and reinsurance operations linked to the risks laid out in § 2º, provided that the share of liability to be retained by insurers and reinsurers is not less than twenty percent of the total liability of the transaction.

§ 5º In the cases provided for in § 4º, the remuneration owed by the insurers and reinsurers to the fund shall be corresponding to the risk taken by the fund in the form set out in the respective statute.

§ 6º The coverage by the fund in an indirect way shall be conditional on the authorization by the legislation applicable to private insurance, observed the provisions set out by the insurance regulatory body.

§ 7º Powers benefit from the back covers, in the form of the statute:

I-large-volt infrastructure projects constants of the Growth-PAC or of strategic programs defined in an act of the Executive Power;

II-funding projects for shipbuilding;

III-credit operations for the civil aviation sector;

IV-projects resulting from public-private partnerships in the form of the nº11.079 Act, of December 30, 2004; and

V-other strategic programs linked to infrastructure operations defined by act of Power Executive.

Art. 25. They apply to the background of which it treats art. 23 the provisions of § § 1º to 3º and 5º of the art. 18 and in the arts. 19, 20 and 22.

Art. 26. It is created the Guaranteed Funds Participation Council for Coverage of Risks in Operations of Large-Vulture Infrastructure Projects, collegiate body integral to the basic structure of the Ministry of Finance, which will have its composition and competence established in an act of the Executive Power.

Single paragraph. The participation of the Union in the background of which it treats art. 23 condones the prior examination of its status by the Board of which it treats this article.

Art. 27. It stands the Executive Power authorized to create public company, in the form of anonymous society, called the Brazilian Agency Managing Director of Funds and S.A. Guarantees. -ABGF, linked to the Ministry of Finance, with an indefinite duration of duration.

Para. single. ABGF will have headquarters and venue in Brasilia, Federal District, and may, for the achievement of its institutional objectives:

I-create subsidiaries, including with a specific end to administer funds that are aimed at supplemental coverage of rural insurance risks in agricultural modalities, animal husbandry, aquaculture and forestry; and

II-install offices, branches, representations and other establishments in the Country and abroad.

Art. 28. ABGF will have per object:

I-the granting of guarantees against risks:

a) of death and permanent disability-MIP of the borrower, in housing credit operations in the framework of official programs or institutions;

b) of physical damage to real estate-DFI, in operations of housing credit within the framework of official programs or institutions;

c) of credit, in housing credit operations, within the framework of official programs or institutions;

d) commercial, in foreign trade credit operations with a maturity of more than two years;

e) politicians and extraordinary, in credit operations to foreign trade of any time;

f) of disfulfillment of contractual obligations regarding export operations of goods or services, as provided for in statute;

g) of credit, in operations of procurement of agricultural machinery and implements, in the framework of programs or institutions officers;

h) of credit, in operations to individual, autonomous micro-entrepreneurs, micro, small and medium-sized enterprises; and

i) of educational credit in the framework of programs or official institutions.

II-the constitution, administration, management and representation of funds warranters; and

III-the constitution, administration, management and representation of funds that have for the sole purpose the supplementary coverage of rural insurance risks in the agricultural, livestock, aquaculture and forestry modalities, provided that authorized by the legislation applicable to private insurance, observed the provisions set out by the insurance regulator.

§ 1º ABGF will cease to provide guarantees against risks that find full coverage in the private insurance market at rates and conditions consistent with those practiced by ABGF, re-salvaged the prerogative of refusal of individual cases by the market.

§ 2º Only coverages provided by the private insurance market with their own resources will be able to characterize full coverage.

§ 3º ABGF will not be obligated to provide guarantee against risk in cases individual who do not get hiring in the insurance market on the grounds of refusal of private insurers.

Art. 29. ABGF shall subject to the own legal regime of private companies, including as to civil, commercial, labor and tax rights and obligations.

Art. 30. ABGF will have its social capital represented by nominative common shares, with no nominal value, in full under the ownership of the Union.

§ 1º The integralization could give itself through incorporation of movable or immovable property, credits and other forms admitted into law.

§ 2º The Executive Power gets authorized to:

I-transform ABGF into a society of mixed federal economics; and

II-alienate the surplus shares when necessary for maintenance of ABGF control.

Art. 31. They constitute resources of ABGF:

I-those arising from the transfer of resources, goods and rights of the Union;

II-the proceeds of the disposal of the shares and securities and securities;

III-the result of the financial applications of resources;

IV-the result of its commercial and service operations;

V-the credit recovery of honed operations with resources by it provided;

VI-the features coming from agreements and arrangements that it carry out with national or international entities;

VII-the product of the divestments of heritage goods;

VIII-the donations, legacies, grants, and other resources that are intended for it by physical or legal persons of public or private law; and

IX-the resources arising from other sources.

Art. 32. The ABGF will be constituted by the General Assembly of Shareholders, to be convened by the Attorney General of the National Finance.

Art. 33. ABGF will be directed by a Board of Directors and an Executive Board.

Art. 34. The members of the Board of Directors shall be elected by the General Assembly, permitted for re-election.

Single paragraph. The composition, functioning, assignments and the term of management of its members will be defined by the statute.

Art. 35. The members of the Executive Board will be chosen from among persons of illiberal repute and of notorious competence, elected and destitute by the Board of Directors.

Paragraph single. The composition, operation, assignments and the term of management of its members shall be defined by the statute.

Art. 36. ABGF will have a Fiscal Council, whose members will be elected annually by the General Assembly, allowed for re-election.

Single paragraph. The composition, functioning and assignments of the Fiscal Council will be defined in the statute.

Art. 37. The legal regime of the ABGF personnel will be the Consolidation of Labor Laws-CLT and respective supplementary legislation.

Paragraph single. The hiring of permanent staff of ABGF will be made by means of public tender of evidence or evidence and titles, observed the specific standards edited by the Board of Directors.

Art. 38. ABGF will be able to exercise its activities with personnel ceded by bodies or entities of the direct or indirect Federal Public Administration, upon conclusion of technical cooperation agreements, observed the legal regime applicable to the servers and public employees yielded.

Art. 39. The federal financial institutions that administer guaranteed funds from which the Union is a cotist will be able to cede personnel to ABGF, with the burden on the transferee, maintained the labor conditions, inclusive of functional progression, reserved to the tables of the vendor, observed the legal regime applicable to the public servants yielded.

Art. 40. It stands for ABGF authorised to sponsor closed pension entity in the form of the current legislation.

Art. 41. It is ABGF, for the purpose of implantation, to be equated with the legal persons referred to in art. 1º of Law No. 8,745 of December 9, 1993 to hire technical and administrative staff for as long as determined.

§ 1º It is considered as a temporary necessity for exceptional public interest, for the purposes of Law No. 8,745, of 1993, the hiring of technical and administrative staff, by time determined, indispensable to the initial functioning of ABGF.

§ 2º The hiring a which refers to § 1º will observe the provisions of the caput of the art. 3º, in the art. 6º, in the inciso II of the caput of the art. 7º and in the arts. 9º and 12 of Law No. 8,745, 1993, and will not be able to exceed the term of forty-eight months, from the date of installation of ABGF.

§ 3º In the hires of which treats the caput, ABGF will specify, in the hiring edital, as selection criterion, academic titles and the minimum experience time professional in the area in which the candidate intends to perform his / her activities.

Art. 42. After seven years of proven ABGF operation:

I-at least eighty per cent of its managerial roles should be exercised by permanent staff of ABGF; and

II-at least fifty per cent of the posts of the Executive Directorate are to be exercised by permanent staff of ABGF.

Art. 43. Compete for ABGF, including in the quality of administrator and fund manager:

I-practice all acts necessary for the granting of guarantees, issuance of certificates of guarantee, monitoring and management of the warranties heard;

II-receive pecuniary commission by gold-plated guarantees;

III-perform analysis, pricing, acceptance, monitoring and management of risks;

IV-effecting the payment of honours arising from outored guarantees;

V-impugning guarantees, advances or honours premised on disagreement with the standards applicable to the Agency or the funds by it administered;

VI-promote the recovery of credits regarding the honorable guarantees;

VII-create funds for warranty of their operations in the form of the legislation;

VIII-administrate and manage guaranteed funds; and

IX-exert other activities necessary for the fulfillment of your social object or arising from law or statute.

Art. 44. Applies to ABGF, observed the technical, contractual and operational peculiarities of its activities, as well as the viabillization of the fulfillment of its object, the legislation applicable to the insurers ' societies, including with regard to the regime discipline, intervention, liquidation, mandate and accountability of administrators, observed the provisions of the insurance regulatory body.

§ 1º For fulfillment of the caput, the insurance regulatory body will be able to grant ABGF the unenforceability of parts of the specific legislation of the insurance industry as well as establish it's own conditions of treatment.

§ 2º ABGF, its administrators, employees and independent auditing service providers will be subject to the penalties provided for in Decree-Law No. 73 of November 21, 1966, applied by the insurance watchdog, as per standards of the regulatory body of insurance.

§ 3º The insurance watchdog will set out the information that is to be provided by ABGF.

Art. 45. In the event of the dissolution of the Warranty Fund for Naval Construction-FGCN, the Guarantee Fund for Electrical Energy-FGEE or the Guarantor Fund of Public-Private Partnerships-FGP, the guarantees they granted will be able to be transferred to the background of which it treats art. 6th, provided that there is annuence of the granting institutions or entities and beneficiaries of the credit.

Single paragraph. Resources arising from the Union's quota ransom in the related funds in the caput could be used for the acquisition of quotas referred to in art. 23, in the disciplined form in the act of the Executive Power.

Art. 46. It is permissible for the Union to use the resources arising from the quota ransom or the dissolution of guaranteed funds of which it is a cotist, constituted by the public company of which it treats art. 30 of this Provisional Measure or by financial institution controlled directly or indirectly by the Union, for the formation or increase of the social capital of ABGF or for acquisition of quota of funds secured dedicated to trading operations exterior.

§ 1º The way of using the features of which treats the caput will be defined in an act of the Executive Power.

§ 2º The dissolution of the funds from which it treats the caput It will depend on the approval of the Cotists Assembly of the respective fund.

Art. 47. This Interim Measure shall come into force on the date of its publication.

Art. 48. They are revoked:

I-o § 8º of the art. 29 of Law No. 10,637 of December 30, 2002;

II-o § 10 of the art. 40 of Law No. 10,865 of April 30, 2004;

III-o § 2º of the art. 2º and the § 5º of the art. 13, of Law No. 11,196, of November 21, 2005;

IV-the art. 9º of Law No. 12,545 of December 14, 2011; and

V-the single paragraph of the art. 6º and the single paragraph of the art. 7º of the Provisional Measure No. 2.156-5 of August 24, 2001.

Brasilia, April 3, 2012; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Aloizio Mercadante

Fernando Damata Pimentel

Miriam Belchior

Fernando Bezerra Coelho

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