DECREE NO. 7,103, OF February 10 OF 2010.

Promuling the Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Equatorial Guinea, firming in Brasilia, on August 24, 2005.

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 Equatorial Guinea celebrated, in Brasilia, on August 24, 2005, a Basic Agreement of Technical Cooperation;

Whereas the National Congress passed this Agreement through the Legislative Decree no 223, of September 3, 2008;

Considering that the Agreement entered into international force on December 4, 2009, pursuant to paragraph 1º of its Article X;

DECRETA:

Art. 1st The Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Equatorial Guinea, firmed up in Brasilia, in 24 of august 2005, 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 supplementary adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

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

Brasilia, February 10, 2010; 189º of Independence and 122º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

BASIC AGREEMENT OF TECHNICAL COOPERATION BETWEEN THE GOVERNMENT DA

FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE

REPUBLIC OF EQUATORIAL GUINEA

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Equatorial Guinea

(henceforth named?Contracting Parties?),

Determined to strengthen the existing friendship ties between their peoples;

Considering the mutual interest of perfecting and stimulating the social and economic development of their respective countries;

Convinced of the need to give emphasis to development sustainable;

Recognizing the advantages reciprocals resulting from a technical cooperation in areas of common interest;

Wishes to develop the cooperation that stimulates technical progress;

Sharing the view that triangular cooperation should be developed by both countries in consonance with the laws and the pertinent regulations of their respective countries;

Wake up the following:

ARTICLE I

The present Basic Agreement of Technical Cooperation, henceforth named?Agreement?, shall be for the object of promoting technical cooperation in the areas deemed to be given priority by the Contracting Parties, which shall be opportunely determined.

ARTICLE II

1 .The implementation of technical cooperation under the aegis of this Agreement will be done in compliance with programs, projects and technical cooperation activities, to be, as the case may be, object of Complementary Adjustments.

2.Igualmente, by means of Adjustments Complementary, the executive institutions, the coordinating bodies and the components necessary for the implementation of the mentioned programs and projects will be defined.

3.As Contracting Parties may to consider the participation of institutions from the public and private sectors, as well as from non-governmental organizations of both countries, from international bodies and regional funds.

4.As Contracting Parties shall contribute, jointly or separately, for the implementation of the approved programs, projects and activities, as well as will be able to seek funding from international organizations, funds, international and regional programs and other donors.

ARTICLE III

1.Serão held meetings between representatives of the Parties Contractors to deal with subjects pertinent to the programs and projects of technical cooperation, such as:

a) evaluate and indicate priority common areas where the implementation of technical cooperation would be feasible;

b) agree mechanisms and procedures to be adopted by the Contracting Parties;

c) examine and approve Plans of Work;

d) analyze, approve, and follow up with implementation of programs, projects and technical cooperation activities; and

e) evaluate the results of the implementation of the programs, projects and activities implemented within the framework of this Agreement.

2.O location and the date of the meetings mentioned in the preceding paragraph will be agreed upon by diplomatic means.

ARTICLE IV

Each of the Contracting Parties shall ensure that the documents, information and other knowledge obtained as a result of the implementation of this Agreement are not disclosed, nor passed on to third parties without the prior written consent of the other Contracting Party; and in the triangular cooperation, also of the Third Countries, indicating whenever the data and products obtained from the implemented projects result from the joint effort carried out by the Contracting Parties and the Third Countries.

ARTICLE V

Each of the Contracting Parties shall ensure the personnel sent by the other Part Contracting, within the framework of this Agreement, all necessary logistical support relating to its installation, transport facilities and access to the information required for the fulfilment of its specific functions.

ARTICLE VI

1.Cada Part Contractor will grant the personnel designated by the other A Contracting Party to perform its functions in its territory under this Agreement, as well as to its legal dependants, when it is the case, on the basis of reciprocity of treatment, as long as it does not treat itself to Brazilians in territory Brazilian or foreign with permanent residence in Brazil:

a) seen, as per the rules applicable to each Contracting Party, requested by diplomatic channel;

b) exemption from customs fees and other tax incidents on the import of personal objects, during the first six months of stay, with the exception of fees for storage, transportation and other related services, intended for the first installation, where the term of legal stay in the host country is more than one year. Such objects should be re-exported at the end of the mission, unless the import taxes, of which they were originally exempted, are paid;

c) exemption and restriction identical to those provided for in point? b? of this Article, when of the re-exportation of the said goods;

d) exemption from income taxes as to salaries for the job of institution of the Contracting Party that sent them. In the case of remuneration and daily paid by the institution that receives them, the legislation of the host country shall be applied, observed the bitaxation agreements eventually signed between the Contracting Parties;

e) jurisdictional immunity in what concerne to the acts of trade practiced in the framework of this Agreement; and

f) ease of repatriation at situation of crisis.

2.A selection of the personnel will be made by the Part Contracting Party that sends it and shall be approved by the Contracting Party that receives it.

ARTICLE VII

The personnel sent from a Contracting Party to the other Party Contractor under this Agreement shall act on the basis of the established in each program, project or activity and shall be subject to the prevailing laws and regulations on the territory of the host country, re-salvaged the provisions of Article VI of the present Agreement.

ARTICLE VIII

1.Os goods, equipment, and other items eventually provided by a Contracting Party to the other, for the execution of programs, projects and activities developed under this Agreement, as defined and approved in the respective Supplementary Adjustment, will be exempt from fees, taxes and too much import and import gravames export, with the exception of those relating to storage, transportation and other related services.

2.Ao end of programs and projects, all goods, equipment and other items that have not been transferred permanently to the other Contracting Party by what supplied them will be re-exported with equal exemption from export duties and other commonly imposed taxes, with exception of fees and charges for expenses for storage, transportation and other related services.

3.No case of import or export of goods intended for the implementation of programs and projects developed under the Agreement, the public institution charged with the execution shall be responsible for the necessary measures for customs clearance of the said goods.

ARTICLE IX

1.Serão eligible, under this Agreement, the Third Countries that have agreements of technical cooperation with both the Contracting Parties.

2.The planning of the technical cooperation to be implemented within the framework of this Agreement will be substantiated in project documents that explain the almeted objectives, the justification for its implementation, the execution schedule, the costs esteemed and the sources of funding.

3.The Contracting Parties shall monitor the implementation of the implemented technical cooperation programs and projects and evaluate their progress, in common agreement with the Third Countries.

4.The facilities, privileges and immunities of the Contracting Parties, in the case of programs and projects to be implemented in the territory of Third Countries, shall be governed by the technical cooperation agreements firmed up between each of the Parties Contractors and the Third Country.

ARTICLE X

1.Cada Part Contractor notifies the other, by diplomatic way, of the fulfilment of the internal legal formalities necessary for the entry into force of this Agreement, which shall be effective from the date of receipt of the last of such notifications.

2.O this Agreement will be effective 5 (five) years, and shall automatically be extended by equal and successive periods, unless one of the Contracting Parties manifests, by diplomatic means, at any time, its intention to denounce it. The complaint will take effect 6 (six) months after the receipt of the notification.

3.Em case of denunciation of the present Agreement, the programs and projects under execution will not be affected, unless the Contracting Parties convive amusement, in writing.

4.O this Agreement may be amended in the terms of the paragraph first of this Article.

XI ARTICLE

The controversies arising in the implementation of the present Agreement will be addressed by all the peaceful and friendly means admitted to the International Public Law, privileging direct negotiations between the Contracting Parties.

Made in Brasilia, on August 24 of 2005, in 2 (two) original copies, in the Portuguese and Spanish languages, being both texts being equally authentic.

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

CELSO AMORIM

Foreign Minister of State for Foreign Relations

______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FROM EQUATORIAL GUINEA

Pastor Micha Ondo Bilá

Minister of Foreign Affairs