DECREE NO. 5,722, OF March 13, 2006.

Promults the Southern Common Market Social Security Agreement and its Administrative Regulation, of December 15, 1997.

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

Considering that the National Congress has approved the text of the Multilateral Social Security Agreement of the Southern Common Market and its Administrative Regulation, by means of the Legislative Decree no 451, of November 14, 2001;

Considering that the Brazilian Government ratified the cited Protocol on December 18, 2001;

Whereas the Protocol entered into international force on , in the terms of of your Article 17;

DECRETA:

Art. 1º The Multilateral Social Security Agreement of the Southern Common Market and its Administrative Regulation, of December 15, 1997, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to National Congress approval any acts that may result in review of the said Protocol or which carries charges or commitments engraved to the national heritage, pursuant to the art. 49, inciso I, of the Constitution.

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

Brasilia, March 13, 2006; 185º of Independence and 118º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT MULTILATERAL SOCIAL SECURITY OF THE COMMON MARKET OF THE SOUTH

The Governments of the Republic Argentina, of the Federative Republic of Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay,

CONSIDERING the Treaty of Assumption of March 26, 1991 and the Ouro Preto Protocol of December 17, 1994; and

DESIROUS in setting norms that regulate Social Security relations among the member countries of the MERCOSUR;

Decided to celebrate the present Multilateral Social Security Agreement in the following terms:

TITLE I

General provisions

ARTICLE 1

1. The terms and expressions that enlist the following possess, for the purposes of applying the Agreement, the following meaning:

a) "States Parties" designates the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay, and the Eastern Republic of Uruguay, or any other State which comes to join in accordance with that provided for in Article 19 of this Agreement;

b) "Legislation", laws, regulations and too much provisions on Social Security applicable in the territories of States Parties;

c) "Competent authority", the holders of governmental bodies which, as per the internal legislation of each State Party, have competence over the regimes of Social Security;

d) "Liaison Office", coordinating body among the institutions that intervene in the implementation of the Agreement;

and) "Managing Entities", the competent institutions to outwit the benefits amated by the Agreement;

f) "Worker", every person who, by carrying out or has carried out an activity, is or has been subject to the legislation of one or more States Parties;

g)' Period of insurance or contribution ', every period defined as such by the legislation under which the worker is welcomed, as well as any period considered by the same as equivalent to a period of insurance or contribution;

h) " Prestations pecuniary ", any provision in kind, income, subsidy or indemnification provided for by the legislations and mentioned in the Agreement, included any supplement, supplement or revaluation;

i)' Health benefits ', those aimed at preventing, conserving, restoring health, or rehabilitating professionally the worker on the terms provided for by the respective national legislations;

j) "Familiar and resembling", persons defined or admitted as such by the legislations mentioned in the Agreement.

2. The remaining terms or expressions used in the Agreement have the meaning that ascribe to them the legislation applicable.

3. The States Parties shall designate and communicate the Gestural Entities and Liaison Bodies.

XX_ENCODE_CASE_CAPS_LOCK_ON title ii

Scope of personal application

ARTICLE 2

1. Rights to Social Security will be recognized to employees who presage or have provided services in any of the States Parties, to be recognized, as well as to their relatives and to resemble them, the same rights and being subject to the same obligations as the nationals of such States Parties with respect to those specifically mentioned in this Agreement.

2. This Agreement shall also be applied to employees of any other nationality residing in the territory of one of the States Parties, provided that they provide or have provided services in such States Parties.

XX_ENCODE_CASE_CAPS_LOCK_ON title III

Scope of material application

ARTICLE 3

1. This Agreement shall be implemented in accordance with the social security legislation concerning the existing pecuniary and health benefits in the States Parties, in the form, conditions and extent set forth herein.

2. Each State Party will grant the pecuniary and health benefits according to its own legislation.

3. The standards on prescribing and expiry prevailing in each State Party shall be applied to the provisions of this Article.

XX_ENCODE_CASE_CAPS_LOCK_ON title i v

Determination of applicable legislation

ARTICLE 4

The worker will be subjected to the legislation of the State Party in whose territory the labour activity is exercised.

ARTICLE 5

The principle set out in Article 4 has the following exceptions:

a) the worker of a company headquartered in one of the States Parties performing professional, research, scientific, technical or direction tasks, or similar activities, and others that may be defined by the Permanent Multilateral Commission provided for in the Article 16, Paragraph 2, and which is shifted to provide services in the territory of another State, for a limited period, shall remain subject to the legislation of the State Party of origin up to a period of twelve months, susceptible to be extended, in character exceptional, upon prior and express consent of the Competent Authority of the other State Party;

b) the flight personnel of the air transport companies and the transit personnel of the land transport companies will remain exclusively subject to the legislation of the State Party on whose territory the respective company has its registered office;

c) the members of the flag ship crew of one of the States Parties shall remain subject to the legislation of the same State. Any other worker employed in loading and unloading tasks, repair and surveillance of ship, when in the port, will be subject to the legislation of the State Party under whose jurisdiction the ship is found;

2. The members of the diplomatic and consular representations, international bodies and too many officials or employees of these representations will be governed by the legislations, treaties and conventions that are applicable to them.

XX_ENCODE_CASE_CAPS_LOCK_ON title V

Provisions on health benefits

ARTICLE 6

1. Health benefits will be bestoed on the worker temporarily shifted to the territory of another state, as well as for his relatives and resembling, provided that the State Managing Entity authorizes his or her outorship.

2. Costs that originate according to the one predicted in the previous paragraph will run the post of the Gestora Entity that has authorized the installment.

TITLE VI

Totalization of periods of insurance or contribution

ARTICLE 7

1. The periods of insurance or contribution fulfilled in the territories of States Parties shall be considered, for the granting of benefits by old age, advanced age, invalidity or death, in the form and conditions laid down in the Regulation Administrative. This Administrative Regulation will also establish the pro-rata payment mechanisms of benefits.

2. The State Party where the employee has contributed over a period of less than twelve months may not recognize any benefit, regardless of whether such a period is computed by the remaining States Parties.

3. In case the worker or his or her relatives and assesments have not gathered the right to benefits in accordance with the provisions of Paragraph 1, they will also be computable the services provided in another State which has entered into bilateral agreements or Multilateral Social Security with any of the States Parties.

4. If only one of the States Parties has concluded a security agreement with another country, for the purposes of the application of Paragraph 3, it shall be necessary for such State Party to assume as its own the period of insurance or contribution fulfilled in this third party Country.

ARTICLE 8

The periods of insurance or contribution fulfilled before the duration of this Agreement will be considered in the case that the employee has periods of insurance or later contribution to that date, provided that these have not previously been used in the granting of pecuniary benefits in another country.

XX_ENCODE_CASE_CAPS_LOCK_ON title VII

Provisions applicable to pension and pension schemes

of individual capitalization

ARTICLE 9

1. This Agreement shall be applicable also to employees affiliated with an individual retirement and pension scheme established by some of the States Parties to the achievement of benefits by old age, advanced age, invalidity or death.

2. States Parties and those who come to join, in the future, this Agreement that possessing retirement schemes and individual capitalization pensions will be able to establish mechanisms of fund transfers for the purposes of obtaining benefits by old age, advanced age, disability or death. Such transfers shall take place at the opportunity where the person concerned is to prove right to the obtaining of the respective benefits. The information to the affiliates is to be provided in accordance with the legislation of each of the States Parties.

3. Fund administrators or insurers shall comply with the mechanisms provided for in this Agreement.

Title VIII

Administrative cooperation

ARTICLE 10

The medical-expert examinations requested by the Managing Entity of a State Party, for the purposes of assessing the temporary or permanent disability of the workers or their relatives or resembles that they find themselves in the territory of another State Part, will be carried out by the Managing Entity of the latter and will run on account of the Gestora Entity that requests it.

XX_ENCODE_CASE_CAPS_LOCK_ON title IX

Final provisions

ARTICLE 11

1. The Managing Entities of the States Parties shall pay the pecuniary benefits in currency of their own country.

2. Managing Entities of States Parties shall establish mechanisms for transfer of funds for the payment of the pecuniary benefits of the worker or of his familiy or resembling that they reside in the territory of another state.

ARTICLE 12

The pecuniary benefits granted in accordance with the regime of one or another State Party no will be the object of reduction, suspension, or extinction solely by the fact that the worker or his or her family members or resembles reside in another State Party.

ARTICLE 13

1. Documents that are necessary for the purposes of this Agreement will not require official translation, visa or legalization by the diplomatic, consular and public registry authorities, as long as they have been tramping with the intervention of a Entity Gestora or Liaison Office.

2. Correspondence between the Competent Authorities, Liaison Bodies and Gestural Entities of the States Parties shall be drawn up in the respective official language of the issuing State.

ARTICLE 14

The solicitations and documents submitted before the Competent Authorities or Managing Entities of any State Party where the person concerned proves periods of insurance or contribution or residence will arise effect as if they were presented to the corresponding Authorities or Entities Corresponding of the other State Party.

ARTICLE 15

The resources that correspond interfacing, before a Competent Authority or Managing Entity of any State Party where the person concerned has periods of insurance or contribution or residence, shall be deemed to be interposed in a timely manner, even when submitted to the corresponding institution of the other State Party, provided that its submission is effected within the time limit set by the legislation of the State before which the resources are to be substantiated.

ARTICLE 16

1. This Agreement shall be implemented in accordance with the provisions of the Administrative Regulation.

2. The Competent Authorities will establish a Standing Multilateral Commission, which will act by consensus and where each representation will be integrated by up to 3 members of each State Party. The Commission shall have the following functions:

a) check the implementation of the Agreement, of the Administrative Regulation and too much supplementary instruments;

b) advise the Competent Authorities;

c) plan for any possible modifications, ampliations and standards supplementary;

d) hold direct negotiations, for a period of 6 months, in order to resolving the possible disagreements on the implementation of the Agreement. Due to the previous termination without having resolved the differences, any of the States Parties shall be able to draw upon the prevailing dispute settlement system between the States Parties to the Treaty of Asuncion.

3. The Standing Multilateral Commission will meet once a year, alternately in each of the States Parties, or when applying for one of them.

4. The Competent Authorities will be able to delegate the drafting of the Administrative Regulation and too much supplementary instruments to the Permanent Multilateral Commission.

ARTICLE 17

1. The present Agreement shall be subject to ratification and shall enter into force from the first day of the month following the date of the deposit of the last instrument of ratification.

2. This Agreement and its instruments of ratification shall be deposited before the Government of the Republic of Paraguay, which shall communicate to the Governments of the States Parties the date of the deposit of the instruments of ratification and the entry into force of the present Agreement.

3. The Government of the Republic of Paraguay will send certified copy of this Agreement to the Governments of the remaining States Parties.

4. From the entry into force of this Agreement, the Bilateral Social Security or Social Welfare Agreements concluded between the States Parties shall be waived. The entry into force of this Agreement shall not mean in any case the loss of rights acquired by the amparo of the mentioned Bilateral Agreements.

ARTICLE 18

1. This Agreement shall have indefinite duration.

2. The State Party which wishes to dislink from this Agreement may report it at any time by the diplomatic route notifying it to the Depositary, who shall communicate it to the remaining States Parties. In this case, the rights acquired by virtue of this Agreement will not be affected.

3. The States Parties shall regulate, by common agreement, the situations arising from the denunciation of this Agreement.

4. The complaint will take effect 6 months after the date of notification.

ARTICLE 19

The present Agreement will be open to adhesion, upon negotiation, to that state that in the future adheres to the Treaty of Assumption.

Made in Montevideo on December 15, 1997, in a original, in the Portuguese and Spanish languages, being both equally authentic.

GUIDO DI TELLA Minister of External Relationships y Culto Republic Argentina	LUIZ FELIPE LAMPREIA Minister of Foreign Relationships Federative Republic del Brasil
RUBEN MELGAREJO LANZONI Minister of Foreign Relationships Republic del Paraguay	CARLOS PEREZ DEL CASTILLO Minister (i) of Foreign Relationships Uruguay

Administrative REGULATION FOR THE APPLICATION OF THE MULTILATERAL SOCIAL SECURITY AGREEMENT OF THE COMMON SOUTH MARKET

The Governments of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay,

In fulfilment of the provisions of Article 16 of the Multilateral Social Security Agreement, establish the following Administrative Regulation:

XX_ENCODE_CASE_CAPS_LOCK_ON title i

General provisions

ARTICLE 1

For the application of this Administrative Regulation:

1. The term "Agreement" designates the Multilateral Social Security Agreement between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay or any other State that comes to join.

2. The term "Administrative Regulation" designates the present Administrative Regulation.

3. The expressions and terms set out in Article 1 of the Agreement have the same meaning in the present Administrative Regulation.

4. The deadlines mentioned in this Administrative Regulation shall count, unless expressly stated otherwise, on days gone by. In case they win on unhelpful day, extend to the following business day.

ARTICLE 2

1. They Are Competent Authorities the holders: in Argentina, the Ministry of Labor and Social Security and the Ministry of Health and Social Action; in Brazil, the Ministry of Welfare and Social Care and the Ministry of Health; in Paraguay, of the Ministry of Justice and Labor and the Ministry of Public Health and Social Welfare; and in Uruguay, the Ministry of Labor and Social Security.

2. Are Entities Gestural: in Argentina, the National Social Security Administration (ANSES), the Boxes or Municipal and Provincial Institutes of Welfare, the Oversight of Retirement Fund Administrators and Pensions and the Retirement Fund Administrators and Pensions, with respect to the regimes that have amped up the contingencies of old age, disability and death based on the repair system or in the individual capitalization system, and the National Health Insurance Administration (ANSSAL) with regard to health benefits; in Brazil, the National Institute of Social Insurance (INSS) and the Ministry of Health; in Paraguay, the Institute of Social Security (IPS); and in Uruguay, the Bank of Social Welfare (BPS).

3. Are Binding Bodies: in Argentina, the National Social Security Administration (ANSES) and the National Health Insurance Administration (ANSSAL); in Brazil, the National Institute of Social Insurance (INSS) and the Ministry of Health; in Paraguay, the Institute of Social Welfare (IPS); and in Uruguay, the Social Welfare Bank (BPS).

4. The Liaison Bodies set out in Paragraph 3 of this Article will aim to facilitate the implementation of the Agreement and adopt the necessary measures to loosize its maximum agilization and administrative simplification.

XX_ENCODE_CASE_CAPS_LOCK_ON title ii

Provisions on the temporary displacement of workers

ARTICLE 3

1. For the cases provided for in Article 5 (1.a) of the Agreement, the Liaison Office shall, upon request by the company of the State of origin of the employee temporarily dislocated to provide services in the territory of another State, a certificate in which it consents that the worker remains subject to the legislation of the State of origin, indicating the relatives and assemates who will accompany him in that displacement. Copy of such a certificate should be handed over to the worker.

2. The company that temporarily dislocated the worker will communicate to the State Liaison Office that has expeded the certificate, in this case, the interruption of the activity foreseen in the previous situation.

3. For the purposes set out in Article 5 (1.a) of the Agreement, the Company shall submit the solicitation of an extension before the Managing Entity of the State of origin. The Managing Entity of the State of origin shall dispatch the corresponding certificate of extension, upon prior consultation and express consent of the Other State's Managing Entity.

4. The Company will present the requests referred to in Subparagraphs 1 and 3 with thirty days ' minimum advance notice of the occurrence of the generator fact. Otherwise, the worker will automatically be subject, from the beginning of the activity or the expiration date of the authorized deadline, to the legislation of the State on whose territory to continue developing its activities.

XX_ENCODE_CASE_CAPS_LOCK_ON title III

Provisions on health benefits

ARTICLE 4

1. The worker temporarily dislocated in those of Article 5 (1.a) of the Agreement, or his relatives or resembling them, so that they can obtain the health benefits during the period of stay in the State Party in which they are located, shall present to the Liaison Office the certificate rented in Paragraph 1 or 3 of the previous Article.

ARTICLE 5

The worker or their family members and assemates who require emergency medical assistance should submit before the State Gestora Entity in which they find the certificate expedited by the State of origin.

XX_ENCODE_CASE_CAPS_LOCK_ON title IV

Totalization of periods of insurance or contribution

ARTICLE 6

1. In accordance with that provided for in Article 7 of the Agreement, the periods of insurance or contribution fulfilled in the territory of the States Parties shall be considered, for the granting of benefits by old age, advanced age, invalidity or death, observing the following rules:

a) Each State Party shall consider the periods fulfilled and certificates by another state, as long as they do not overlap, such as periods of insurance or contribution, as per their own legislation;

b) The periods of insurance or contribution fulfilled before the beginning of the term of the Agreement will be considered only when the employee has periods of work to comply as of that date;

c) The period fulfilled in a State Party, under a voluntary insurance scheme, it will only be considered when it is not concurrent to a period of insurance or mandatory contribution fulfilled in another state.

2. In cases where the application of Article 7 of Article 7 of the Agreement comes exonerating from its obligations to all competent Gestural Entities of the States Parties involved, benefits will be granted to the amparo, exclusively, of the last of the States Parties where the employee meets the conditions required by his legislation, with prior totals of all periods of insurance or contribution fulfilled by the worker in all States Parties.

ARTICLE 7

The benefits to which workers, their family members and dependents are entitled, to the amparo of the legislation of each of the States Parties shall be paid in accordance with the following standards:

1. When they meet the conditions required by the legislation of a State Party to be entitled to benefits without it being necessary to resort to the aggregation of periods provided for in Title VI of the Agreement, the Managing Entity shall calculate the provision in virtue solely of that provided for in the national legislation that applies, without prejudice to the totalization that may request the beneficiary.

2. When the right to benefits does not originate solely on the basis of the periods of insurance or contribution fulfilled in the Contracting State of which it is to be treated, the settlement of the provision shall be made taking into account the aggregation of the periods of insurance or contribution complied with in the other States Parties.

3. Should the preceding paragraph be applied, the Managing Entity shall first determine the value of the benefit to which the person concerned or his or her family members and resemblors would be entitled as if the totalled periods had been fulfilled under his own legislation, and then fix the value of the benefit in proportion to the periods fulfilled exclusively under such legislation.

XX_ENCODE_CASE_CAPS_LOCK_ON title VI

Submission of requests

ARTICLE 8

1. To obtain the provision of benefits in accordance with that set out in Article 7 precedent, workers or their family members and assists should submit request, in special form, to the State Liaison Office in which reside.

2. Workers or their family members and dependents, residents in the territory of another State, they should address the State Liaison Office Party under whose legislation the worker was assured in the last period of insurance or contribution.

3. Without prejudice to that set out in paragraph 1, requests addressed to the Competent Authorities or Managing Entities of any State Party where the person concerned has periods of insurance or contribution or residence will produce the same effects as if they had been delivered to the Liaison Office provided for in the preceding paragraphs. The Competent Authorities or Receiving Entities shall oblige them to send them, without delay, to the competent Liaison Office, informing the dates on which the solicitations were submitted.

ARTICLE 9

1. For the tramite of the solicitations of the pecuniary benefits, the Liaison Bodies will use a special form in which they will be consigned, among others, the employee's membership data or, as the case may be, of their relatives and resembled, jointly with the relationship and the summary of insurance periods or contribution fulfilled by the worker in the States Parties.

2. The State Liaison Body of the State where the provision is requested will assess, if it is the case, the temporary or permanent disability by issuing the corresponding certificate, which will accompany the medical-expert examinations carried out in the worker or, as per the case, of your family members and resembled.

3. The physician-expert lauds of the worker will consign, among other data, whether temporary disability or disability is a consequence of an accident of the work or occupational disease, and will indicate the need for professional rehabilitation.

4. The Liaison Body of the other State shall pronounce upon the solicitation, in accordance with its respective legislation, considering the medical-expert antecedents practiced.

5. The State Liaison Body of the State where the provision is requested will refer the forms established to the Liaison Office of the other State.

ARTICLE 10

1. The Liaison Body of the other state will fill out the forms received with the following indications:

a) periods of insurance or contribution credited to the worker under its own legislation;

b) the value of the benefit recognised in accordance with that provided for in paragraph 3 of Article 7 of the present Administrative Regulation.

2. The Liaison Body indicated in the preceding paragraph shall refer the forms duly completed to the State Liaison Office where the worker applied for the provision.

ARTICLE 11

1. The resolution on the provision requested by the worker or his family members and resemblors will be forwarded by the Managing Entity of each State Party to the domicile of the same, through the respective Liaison Office.

2. A copy of the resolution will be remitted to the other State's Liaison Office.

XX_ENCODE_CASE_CAPS_LOCK_ON title VI

Final provisions

ARTICLE 12

The Managing Entities and the Liaison Bodies of States Parties shall monitor the authenticity of the documents submitted by the worker or their relatives and resembled.

ARTICLE 13

The Standing Multilateral Commission shall establish and approve the binding forms necessary for the implementation of the Agreement and Administrative Regulation. Such bonding forms should be used by the Gestural Entities and Liaison Bodies to communicate with each other.

ARTICLE 14

The this Administrative Regulation will have the same duration of the Agreement.

The present Agreement shall be deposited with the Government of the Republic of Paraguay, which shall send authentic copy of the same to the Governments of the remaining States Parties.

Made in Montevideo, on December 15, 1997, in an original, in the Portuguese and Spanish languages, being both texts being equally authentic.

GUIDO DI TELLA Minister of External Relationships y Culto Republic Argentina	LUIZ FELIPE LAMPREIA Minister of Foreign Relationships Republic Federativa del Brasil
RUBEN MELGAREJO LANZONI Minister of Foreign Relationships Republic del Paraguay	CARLOS PEREZ DEL CASTILLO Minister (i) of Foreign Relationships Uruguay