DECREE NO. 5,437, OF April 29, 2005

Promulga the Cooperation Agreement in the Domain of Tourism between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea, of September 11, 1996.

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

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Korea celebrated in Brasilia on September 11, 1996, a Cooperation Agreement in the Field of Tourism;

Whereas the National Congress passed that Agreement through the Legislative Decree no 56, October 28, 1997;

Considering that the Agreement entered into force on November 25, 1997, pursuant to its Article XI;

DECRETA:

Art. 1º The Agreement on Cooperation in the Field of Tourism between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea, firmed in Brasília, on September 11, 1996, aped by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

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

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

Brasilia, April 29, 2005; 184º of the Independence and 117º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

COOPERATION AGREEMENT IN THE FIELD OF TOURISM

BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF THE

BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF KOREA

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Korea

(henceforth named "the Parties"),

Considering the existing relations of friendship and cooperation between both countries;

Convinced that, by virtue of its socio-cultural and economic aspects, tourism is an excellent instrument to promote understanding the good votande and the rapprochement between its peoples;

Cents of the need to promote cooperation in the field of tourism, stipulated in Article 2 of the Cultural Agreement between the Republic Federative of Brazil and the Government of the Republic of Korea, signed in Rio de Janeiro, on February 7, 1966,

Wake up the following:

ARTICLE I

Promotion of Cooperation in Tourism

1. The Parties will seek to promote, on an equal basis and of reciprocal benefits, cooperation in the field of tourism.

2. Parties, in consonance with their respective legislations, will stimulate cooperation between their competent tourism bodies and other correlates organizations, from both countries.

3. The cooperation could include the exchange of consultancy services, the transfer of technology in the field of the tourist industry, the promotion of joint promotional activities and the exchange of experts in the tourism area.

4. The Parties should encourage and promote the cooperation between private sector entities of their respective countries, stimulating the development of the tourism and travel infrastructure.

5. The Parties will study the possibilities of improving and intensifying the means of transport and communications between both countries, stimulating the tourist flow in both directions.

ARTICLE II

Offices of Tourism

1. The Parties shall facilitate, within their respective territories, the installation and operation of official tourist offices of the other country.

2. Stay vetted, to tourist representation offices, exercise any commercial activity. Its functioning should be supervised by its respective diplomatic Messions, in line with the laws and regulations of each country.

ARTICLE III

Facilitation and Documentation

1. The Parties, in accordance with their respective internal regulations and on a reciprocal basis, will seek to facilitate the tourist exchange between the two countries, seeking to simplify and eliminate the requirements regarding procedures and documentation.

2. Parties, in accordance with their respective legislations, shall seek to facilitate the import and export of documentation and material with views to the promotion of tourism.

ARTICLE IV

Promotion of Investments

Cents of the importance of promoting reciprocal capital investments, or joint ventures objecting to the development of the tourism industry and its infrastructure, the Parties will foster the exchange of information regarding the legal requirements for external investments, taxation and facilities given by each of the countries to foreign investors.

ARTICLE V

Programs Touristic and Cultural

1. The Parties will give priority to the promotion of tourism in regions deemed to be specific, particularly culturally most representative.

2. The Parties shall exchange information on the facilities granted for the realization of events, exhibitions, conventions, conferences, congresses and fairs in their respective territories.

ARTICLE VI

Training in Tourism

1. The Parties will promote cooperation between experts from both countries, aiming to raise the level of specialization and professionalism of people involved in the promotion and development of tourism activities.

2. Parties will encourage the exchange of information concerning projects, study programs, systems and training methods for teachers and instructors in technical subjects, in particular with regard to operationality and management in the area of hospitality.

3. The Parties will stimulate students and tourism teachers from their countries to take advantage of the scholarship opportunities offered by colleges, universities and training centers of both Countries.

ARTICLE VII

Tourism Information and Statistics Interchange

1. The Parties shall exchange information on the tourist industry such as current legislation, statistical data referring to domestic and international tourism and other matters pertaining to tourism activity.

2. The Parties will exchange information on the current legislation in their respective territories as to the protection and conservation of natural and cultural resources that are a source of tourist attraction.

ARTICLE VIII

World Tourism Organization

1. The Parties shall act in accordance with the recommendations of the World Tourism Organization, to develop and encourage the adoption of uniform standards and recommended practices, which, applied by the Governments, facilitate tourism.

2. The Parties shall provide reciprocal assistance in matters of cooperation and effective participation of the Organization World Tourism.

ARTICLE IX

Consultations

1. The Parties agree that matters concerning tourism and the tourism industry and the results obtained through mutual collaboration, will be discussed when convenient, in bilateral meetings, by representatives of their official bodies of tourism. Such meetings should be scheduled by diplomatic channels, and should be carried out, alternated and periodically, in the two Countries.

2. These meetings, when possible, shall be held in the ensejo of the Joint Committee, established in accordance with Article 3, of the Memorandum of Understanding for the Establishment of a Commission Mixed between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea, signed in Seoul, on September 28, 1989.

3. The Government of the Republic of Korea designates the Department of Tourism of the Ministry of Culture and Sports as its representative with the primary responsibility to implement this Cooperation Agreement on behalf of the Republic of Korea.

4. The Government of the Federative Republic of Brazil designates the Brazilian Company Brasileira de Turismo (EMBRATUR) as its representative with the primary responsibility to implement this Cooperation Agreement on behalf of the Federative Republic of Brazil.

ARTICLE X

Controversies solution

Any dispute between the Parties as to the interpretation or to the application of this Agreement will be resolved via diplomatic channels.

XI ARTICLE

Duration Period

1. This Agreement shall enter into force from the date of notification of the Parties, by diplomatic means, of the fulfilment of the formalities and procedures required by the legislation of each Country.

2. This Agreement shall be in force by the deadline of 5 (five) years and shall be renewed automatically, by equal additional periods, unless one of the Parties expresses its desire to report it, in which case it should notify the other Party, in writing, by diplomatic track, with an advance of 3 (three) months.

3. With mutual consent, this Agreement may be reviewed by the Parties. The revision of the text or denunciation of the Agreement will not affect the realization of programs and projects that have been formulated during its duration, unless the Parties stipulate otherwise.

The undersigned, duly authorized by the respective Governments, have signed this Cooperation Agreement.

Made in Brasília, on September 11, 1996, in two original copies, in the Portuguese, Korean languages and english, being all texts being equally authentic. In case of divergence of interpretation, the text in English will prevail.

_______________________________

BY GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

LUIZ FELIPE LAMPREIA

Minister of State for Foreign Relations

BY THE GOVERNMENT OF THE REPUBLIC

DA KOREA

GONG RO-MYUNG

Minister of State