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Decree No. 3521, Of 21 June 2000

Original Language Title: Decreto nº 3.521, de 21 de Junho de 2000

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DECREE NO. 3,521, OF June 21, 2000.

Promulgating the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa on Cooperation in the Field of the Culture, celebrated in Pretoria, on November 26, 1996.

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

CONSIDERING that the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa celebrated, in Pretoria, on November 26, 1996, an Agreement on Cooperation in the Field of the Culture;

CONSIDERING that the National Congress has approved this Agreement through Legislative Decree No. 59 of October 28, 1997;

CONSIDERING that the Agreement entered into force on April 12, 2000, in the terms of paragraph 1 of your art. 9,

Decreta:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa on Cooperation in the Field of Culture, celebrated in Pretoria, on November 26 from 1996, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º 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 that, pursuant to art. 49, inciso I, of the Federal Constitution, carries gravy charges or commitments to the national heritage.

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

Brasilia, June 21 of 2000; 179º of the Independence and 112º of the Republic.

Fernando Henrique Cardoso

Luiz Felipe Lampreia

Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa Sôbre Cooperation in the Field of Culture

The Government of the Federative Republic of Brazil

and

The Government of the Republic of South Africa

(henceforth named?Parties?),

Wishes to consolidate and strengthen the bonds of friendship and reciprocal understanding among their peoples;

Consent of the desire to promote, with the greatest possible inclusiveness, mutual knowledge and understanding of their respective cultures and artistic manifestations, as well as their histories and ways of life, through the friendly cooperation between their respective countries, and

Wishes to elevate and intensify quality of life of their peoples;

Wake up the following;

Article 1

With the purpose of broadening and strengthening the links between their countries, the Parties shall encourage the cooperation and exchange of knowledge, experiences and achievements in the field of Culture.

Article 2

1. The Parties shall, in accordance with the objectives of this Agreement, encourage the establishment of contact and cooperation between interested institutions, organizations and persons in both countries, in the areas covered by this Agreement.

2. In the implementation of the clauses of this Agreement, appropriate consideration should be given to the autonomy of competent bodies and institutions. The freedom of these in establishing and maintaining mutual relations and understandings should be recognized, being subject to the internal laws and the Constitution of the respective states.

Article 3

With a view to strengthening cooperation in the field of culture, the Parties should encourage:

a) the exchange of experts in the field of Culture, for study visits and for conferences, as well as exchange of books, publications and information;

b) cooperation in diverse cultural fields of interest of both Parties, including literature, art exhibitions and crafts, music, dance theatre, book exchange and other publications, cooperation between arts schools, artists ' associations and writers, museums, libraries, archives and other cultural institutions and the exchange of knowledge between conservation bodies related to cultural heritage; and

c) any other form of cooperation that may be agreed upon between the Parties or autonomous competent institutions of both countries.

Article 4

1. Subject to their domestic and political laws in general, each Party should welcome the establishment, in its territory, of cultural institutions or friendship associations, ensuring that prior consent is to be obtained before any institution establishes itself under this Article.

2. Considering the devices of Article 2, paragraph 2, the Parties should encourage the completion of specific cooperation programs between the competent cultural institutions and bodies.

Article 5

All activities carried out pursuant to this Agreement shall be subject to the prevailing laws in the respective countries.

Article 6

1. For the purpose of implementation of this Agreement, a Brazilian Mixed Commission-South Africa will be set up, which will meet every 2 (two) years or as agreed by the Parties.

2. Meetings of the Joint Committee should take place, alternately, in the Federative Republic of Brazil and the Republic of South Africa, with a view to discussing cooperation programmes.

3. These cooperation programs, if approved by both Parties, should be valid for a given period and should include concrete forms of cooperation, events and exchanges, as well as the organizational and financial conditions for their implementation.

Article 7

Any divergence as to the interpretation and implementation of this Agreement should be resolved by means of negotiations between the Parties.

Article 8

The present Agreement may be amended, by mutual consent, through exchange of Notes between the Parties. Such an amendment is expected to come into force on the date of the response Note, which accepts the proposed amendment.

Article 9

1. This Agreement shall enter into force when both Parties have notified each other, in writing, by diplomatic means, that their respective constitutional requirements for the entry into force of this Agreement have been fulfilled. The date of entry into force is expected to be the date of the last notification.

2. This Agreement shall remain in force until its denunciation pursuant to Article 10.

Article 10

Any of the Parties may, upon communication, in writing, with the in advance of 3 (three) months, by diplomatic means, denounce the present Agreement, at any time. The denunciation of this Agreement should not affect any of the programs previously implemented in its complaint, unless the Parties decide otherwise.

Made in Pretoria on November 26, 1996 in two copies originals, in the Portuguese and English languages, being both texts being equally authentic.

By the Government of the Federative Republic of Brazil

Luiz Felipe Lampreia

Minister of State for Foreign Relations

By the Government of the Republic of South Africa

Alfred Nzo

Minister of Foreign Affairs