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Law No. 12,545, Of December 14, 2011

Original Language Title: Lei nº 12.545, de 14 de Dezembro de 2011

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LEI No. 12,545, OF December 14, 2011

Dislays on the Export Financing Fund (FFEX), changes the art. 1º of Law No. 12,096, of November 24, 2009, and the Leis #s10,683, of May 28, 2003, 11,529, of October 22, 2007, 5,966, of December 11, 1973, and 9,933, of December 20, 1999; and gives other arrangements.

A P R E S D E N T A R A R E P U B L I C A

I get to know that the National Congress decrees and I sanction the following Law:

Art. 1º It is the Union authorized to participate, on the global limit of up to R$ 1,000,000,000.00 (one billion reais), in the Export Financing Fund (FFEX), for formation of its patrimony.

§ 1º FFEX will have private nature and heritage separate from the heritage of the cotists, with their own rights and obligations.

§ 2º The FFEX's heritage will be formed by the resources coming from the integralization of quotas by the Union and by the remaining cotists, as well as by the income earned with his administration.

§ 3º The integralisation of quotas by the Union will be defined by decree and could be carried out, at the discretion of the Minister of State for Finance:

I-in currency currents;

II-in public bonds;

III-through its minority shareholdings; or

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

§ 4º The FFEX will respond for its obligations with the goods and rights integral to its heritage, not responding to the cotists for any obligation of the Fund, save by the integralization of the quotas that they have subscribed to.

§ 5º The FFEX will not count on any kind of guarantee or guarantee on the part of the public power and will respond by its obligations to the limit of the goods and integral rights of its heritage.

Art. 2º The FFEX will be created, administered, managed and represented judicial and extrajudicially by financial institution controlled, directly or indirectly, by the Union, observed the provisions of the inciso XXII of the caput of the art. 4º of Law No. 4,595 of December 31, 1964, and the guidelines and norms of the Council of Ministers of the Chamber of Foreign Trade.

§ 1º The representation of the Union in the cotists assembly will occur in the form of the inciso V of the art's caput . 10 of the Decree-Law No. 147 of February 3, 1967.

§ 2º Caberá to the institution financial that it treats the caput deliberating on the management and disposal of FFEX's goods and rights, caretaking for the maintenance of its profitability and liquidity.

§ 3º The financial institution referred to in caput will make jus the remuneration for the administration of FFEX, to be established in its statute.

Art. 3º FFEX will aim to provide financing for exports of Brazilian goods and services, and may paced conditions accepted by international practice, according to the Export Financing Program (Proex).

§ 1º Companies seeking funding at FFEX must submit warranty or credit insurance.

§ 2º (VETADO).

§ 3º (VETADO).

Art. 4º In the extinction hypothesis of the FFEX, its patrimony will be distributed to the Union and to the remaining cotists, in the proportion of its holdings.

Art. 5º The income earned by the FFEX portfolio does not subject to the incidence of income tax withheld at the source, and should integrate the basis for calculating the taxes and contributions owed by the legal person, in the form of the current legislation, when there is the rescue of quotas, total or partial, or the dissolution of the Fund.

Art. 6º Will fit the Exports Financing and Assurance Committee (Cofig) guide the Union's acting in the FFEX cotics assemblies, in accordance with Decree No. 4,993, of February 18, 2004.

§ 1º The status and regiment of the FFEX should be examined by the Cofig and submitted to the Council of Ministers of the Foreign Chamber of Commerce, prior to its approval in the cotists ' assembly.

§ 2º The status of the FFEX will define the investment guidelines, criteria and levels of profitability and risk, the operational issues of administrative and financial management and the rules and prudential supervision of FFEX.

Art. 7º The art. 1º of Law No. 12,096 of November 24, 2009, it passes the invigoration with the following essay:

" 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, 2012:

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§ 1º The total value of financing subsidized by the Union is limited to the amount of up to R$ 209,000,000,000.00 (two hundred and nine billion reais).

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§ 6º The National Monetary Council shall establish the distribution between BNDES and FINEP of the financing limit Subsidised that it treats § 1º and will define the groups of beneficiaries and the necessary conditions for the contracting of the financing, by having the Ministry of Finance the regulation of the remaining conditions for the granting of the economic grant of which treats this article, among them, the definition of the methodology for the payment of the equalization of interest rates.

............................................................................................... " (NR)

Art. 8º The arts. 25, 27 and 29 of the Law No. 10,683 of May 28, 2003, they go on to invigorate with the following changes:

" Art. 25. ...................................................................................

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IV-from Science, Technology and Innovation;

............................................................................................... " (NR)

" Art. 27. ...................................................................................

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IV-Ministry of Science, Technology, and Innovation:

a) national science and technology research policies and of incentive for innovation;

b) planning, coordination, supervision and control of science, technology and innovation activities;

..........................................................................................................

h) articulation with the state governments, of the Federal and Municipal District, with civil society and with other organs of the Federal government in the establishment of guidelines for national science, technology and innovation policies;

.............................................................................................. " (NR)

" Art. 29. ...................................................................................

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IV-from the Ministry of Science, Technology and Innovation, the National Council of Science and Technology, the National Council of Informatics and Automation, the Coordinating Committee for Meteorology, Climatology and Hydrology Activities, the National Institute of Space Research, the National Institute of Amazonian Research, the National Institute of Technology, the Institute Brazilian of Information in Science and Technology, the National Institute of Semi-Árido, the Center for Information Technology Renato Archer, the Brazilian Center for Physical Research, the Mineral Technology Center, the National Laboratory of Astrophysics, the National Laboratory of Scientific Computing, the Museum of Astronomy and Related Sciences, the Paraense Museum Emílio Goeldi, the National Observatory, the National Technical Committee on Biosafetics, the National Council for Animal Experimentation Control, the National Center for Monitoring Natural Disasters Alerts and up to 4 (four) Secretaries;

............................................................................................... " (NR)

Art. 9º The inciso I of the art. 2º of Law No. 11,529 of October 22, 2007, it passes the invigoration with the following essay:

" Art. 2º .....................................................................................

I-to companies of the ornamental stone sectors, wood beneficiation, leather beneficiation, footwear, and artifacts from leather, textile, confection, inclusive line home, wooden furniture, fertilizer and agricultural defensive, fruits in natura and processed, ceramics, software and provision of information technology services, technical aids and assistive technologies to persons with disabilities, auto parts and capital goods, except automotive vehicles for transport of cargoes and passengers, vessels, aircraft, railcars and railway locomotives and metroviariums, tractors, harvesters and road machines; and

............................................................................................... " (NR)

Art. 10. The National Institute of Metrology, Normalization and Industrial Quality (Inmetro), created by Law No. 5,966 of December 11, 1973, goes on to denominate National Institute of Metrology, Quality and Technology (Inmetro).

Art. 11. The caput of the art. 4º of Law No. 5,966, 1973, goes on to invigorate with the following essay:

" Art. 4º It is set up the National Institute of Metrology, Quality and Technology (Inmetro), federal municipality linked to the Ministry of Development, Industry and Foreign Trade, with legal personality and heritage of its own.

............................................................................................... " (NR)

Art. 12. The Law No. 9,933 of December 20, 1999, passes the invigoration with the following amendments:

" Art. 3º The National Institute of Metrology, Quality and Technology (Inmetro), municipality bound to the Ministry of Development, Industry and Foreign Trade, created by Law No. 5,966, 1973, is competent for:

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II-elaboration and exasking technical regulations that have about legal metrological control, covering instruments of measurement;

..........................................................................................................

IV-wield administrative police power, expedisting technical regulations in the areas of conformity assessment of products, inputs and services, provided that they do not constitute an object of the competence of other organs or entities of the federal public administration, covering the following aspects:

a) safety;

b) protection of human, animal, and plant health;

c) protection of the environment; and

d) avoidance of deceptive practices of trade;

V-perform, coordinate and supervise the activities of legal metrology and assessment of compulsory compliance by it regulated or exercised by competence delegated to it;

VI-acting as the official accreditation organ of organisms of evaluation of compliance;

VII- register objects subject to assessment of compulsory compliance, within the framework of their competence;

VIII-planning and performing research, teaching and scientific and technological development activities in metrology, evaluation of compliance and related areas;

IX- provide technological transfer and technical cooperation services aimed at innovation and scientific and technological research in metrology, conformity assessment, and related areas;

X-render services aiming at technical strengthening and the promotion of innovation in national companies;

XI-produce and alienate reference materials, metrological patterns, and other related products;

XII-make contributions to congennered foreign entities, whose interests are amped up in agreements signed between si or among the respective countries, as a single action;

XIII-designate public or private entities for the execution of technical character activities in the areas of legal metrology and conformity assessment, within the framework of their competence regulator;

XIV-acting as official body of monitoring compliance to the principles of good laboratory practice;

XV-grant handbags of scientific and technological research for the development of technology, product or process, of continuous character, either directly or through partnership with public or private institutions;

XVI-establish partnerships with teaching entities for the training and professional specialization in the areas of their acting, inclusive for technical residency programs;

XVII-anuir in the process of importing products by it regulated that are subject to non-automatic licensing regime or other measures of prior administrative control to dispatch for consumption; and

XVIII-represent the Country in regional, national and international fora on conformity assessment.

§ 1º For the exercise of competence provided for in the inciso V of the caput, the Inmetro will be able to celebrate, with congenital entities from the states, the Federal District and the Municipalities, congeniums, terms of cooperation, terms of partnership and other contractual instruments provided for in law.

§ 2º The bags of which treats the inciso XV of the caput will be able to be granted for foreigners who fulfil the legal requirements for staying in the Country. " (NR)

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

§ 1º The material and ancillary activities of legal metrology and the evaluation of compulsory conformity, of technical character, which do not entail the exercise of administrative police power, may be carried out by third parties upon delegation, accreditation, accreditation, designation, contracting or celebration of convenium, term of cooperation, term of partnership or congenital instrument, under control, supervision and / or administrative record by the Inmetro.

§ 2º The activities covering the legal metrological control, the approval of models of measuring instruments, surveillance, verification, supervision, administrative registration and assessment of compulsory compliance that entail the exercise of administrative police power only be able to be delegated to organs or entities of public law. " (NR)

" Art. 5º The natural or legal persons, public or private, domestic or foreign, who act on the market to provide services or to manufacture, import, install, use, repair, process, monitor, assemble, distribute, transport, transport, transport, packaging or marketing goods are obliged to fulfill the duties instituted by this Act and by the normative acts dispatched by the Conmetro and the Inmetro, inclusive technical and administrative regulations. " (NR)

" Art. 6º It is ensured to the public agent scrutinizer of the Inmetro or the body or entity with delegated competence, in the exercise of the assignments of verification, supervision and surveillance, the free access to the establishment or place of production, storage, transportation, exhibition and marketing of goods, products and services, characterizing embarrassment, punishable in the form of the law, any difficulty opposing the achievement of these goals.

§ 1º The free access of which treats the caput does not apply to customs places and precincts where they process, under customs control, the movement or storage of imported goods.

§ 2º The Office of the Federal Revenue Office of Brazil will be able to request assistance from the supervising public agent of the Inmetro or the body with delegated competence, with views to the verification, in the customs dispatch of import, of compliance with the technical regulations issued by the Conmetro and by the Inmetro. " (NR)

" Art. 7º Shall Constitute infringement of the action or omission contrary to any of the obligations imposed by this Act and by the acts dispatted by the Conmetro and the Inmetro on legal metrology and assessment of compulsory conformity, pursuant to its decree regulator. " (NR)

" Art. 8º Shall Fit to the Inmetro or the organ or entity holding delegation of police power to prosecute and judge the infractions and to apply, either isolated or cumulatively, the following penalties:

.........................................................................................................

V-nuisance;

VI-suspension of the object record; and

VII-cancellation of the object record.

.............................................................................................. " (NR)

" Art. 9º The penalty of fine, imposed upon administrative procedure, will be able to vary from R$ 100.00 (one hundred reais) to R$ 1,500,000.00 (one million and five hundred thousand reais).

§ 1º For the gradation of the penalty, the competent authority should consider the following factors:

I-the severity of the infraction;

II-the advantage earned by the offender;

III-the economic condition of the offender and its antecedents;

IV-the injury caused to the consumer; and

V-the social repercussion of the infraction.

§ 2º Are circumstances that aggravate the infringement:

I-the recidivist of the offender;

II-the finding of fraud; and

III-the supply of inverter information or deceptive.

§ 3º Are circumstances that mitigate the infraction:

I-a primaryness of the offender; and

II-a adoption of measures by the offender to alleviate the effects of the illicit or to repair it.

§ 4º (VETADO).

§ 5º (VETATO). " (NR)

" Art. 10. ..................................................................................

§ 1º The destruction of the products of which it treats the caput is the responsibility of natural or legal persons, public or private, national or foreign, who are their owners, who are to give them environmentally appropriate final targeting in observance of the standards established by the organs of the National Environment System (Sisnama), the National Health Surveillance System (SNVS), the Unified System of Attention to Sanity Agrolivestock (Suasa) and the National System of Metrology, Normalization and Industrial Quality (Sinmetro).

§ 2º The public agent scrutinizer of the Inmetro or the organ with delegated competence will be able to keep up with the process of destruction of the products, to make sure of the adoption of the specific operational standards and to ensure that no damage or risks to public health, safety of society or the environment occur. " (NR)

" Art. 11. ...................................................................................

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§ 2º The natural or legal persons, public or private, national or foreign, who are in the exercise of the activities foreseen in the art. 5º will be responsible for the payment of the Metrological Services Rate. " (NR)

Art. 13. Law No. 9,933, 1999, passes on increased invigoration of the following arts. 3º-A, 9º-A, 11-and 11-B:

" Art. 3º-A. The Conformity Assessment Rate is hereby established, which has as a fact generator the exercise of the administrative police power in the area of the assessment of compulsory compliance, pursuant to the regulations issued by the Conmetro and the Inmetro.

§ 1º The Evaluation Rate of the Compliance, whose values are contained in Annex II of this Act, has as a basis of calculation the appropriation of the direct and indirect costs inherent in the exercise of the administrative police power of the activity.

§ 2º The natural or legal persons, public or private, national or foreign, which are in the exercise of the activities provided for in the art. 5º are responsible for the payment of the Conformity Assessment Rate. "

" Art. 9º-A. The regulation of this Act will set out the criteria and procedures for applying the penalties of which they treat the arts. 8º and 9º. "

" Art. 11-A. The launch of the fees provided for in this Act will occur by the issuance of specific guide to your payment, regulated by the National Treasury Board Secretariat, with effect of notification and constitution of Inmetro's tax credits.

§ 1º The taxpayer will be able to challenge the launch of the fees provided for in this Act before the authority that constituted the tax credit of the Inmetro, within 30 (thirty) days, to be counted from its notification.

§ 2º Caberá appeal of the decision on the challenge of which it treats the § 1º, brought before the President of the Inmetro, within 30 (thirty) days, to be counted from the notification of the taxpayer.

§ 3º The taxpayer is expected to substantiate the pick-up of the fees provided for in this Act previously to the realization of the metrological services and object records with assessment of compulsory compliance.

§ 4º The Inmetro will be able to define, exceptionally, in regulation, deadlines for the pick-up of the fees provided for in this Act, considering the uniqueness of the activity performed by the taxpayer. "

" Art. 11-B. It is incumbent upon the President of the Inmetro to authorize the realization of agreements or transactions of non-tax credits and not enrolled in active debt, of value up to R$ 500,000.00 (five hundred thousand reais), up to the limit of 50% (fifty percent), and the administrative parceling in monthly and successive instalments, up to the maximum of 60 (sixty).

§ 1º When the value of the credit is higher than the limit set in the caput, the agreement or transaction, under penalty of nullity, will depend on prior and express authorization from the Minister of State for Development, Industry and Foreign Trade.

§ 2º The value of each monthly installment, on the occasion of the payment, will be increased by interest and fine of mora, in the form of the current legislation for federal securities.

§ 3º The competencies provided in this article may be delegated. "

Art. 14. They are created, within the framework of the federal executive branch, 120 (one hundred and twenty) positions of effective provement of Foreign Trade Analyst, of the career of the same denomination.

Art. 15. This Act comes into force on the date of its publication, ressalvated the provisions of the art. 3º-A of Law No. 9,933 of December 20, 1999, which will vigorously apply from 1º January 2012.

Brasilia, December 14, 2011; 190º of Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Alessandro Golombiewski Teixeira

Miriam Belchior

Aloizio Mercadante

ANNEX