DECREE NO. 7,088, OF 1º FEBRUARY OF 2010.

Promulgate the Basic Agreement of Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Islamic Republic of Afghanistan, firmed in Brasilia, on 1º August 2006.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the Government of the Islamic Republic of Afghanistan celebrated, in Brasilia, on 1º August 2006, a Basic Agreement of Technical Cooperation;

Whereas the National Congress passed this Agreement through the Legislative Decree no 314, of June 18, 2009;

Considering that the Agreement entered into international force on June 29, 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 Islamic Republic of Afghanistan, firming in Brasilia, in 1º of August 2006, 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, 1º February 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 OF

FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC

ISLAMIC FROM AFGHANISTAN

The Government of the Federative Republic of Brazil

and

The Government of the Islamic Republic of Afghanistan

(henceforth named?Contracting Parties?),

In view of the interest to strengthen existing friendship ties between their peoples;

Considering the mutual interest in perfecting and stimulating the socio-economic development of their respective countries;

Convinced of the need to give emphasis to development sustainable;

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

Wishes to develop the cooperation that stimulates technical progress;

Wake up the following:

ARTICLE I

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

ARTICLE II

In achieving the objectives of this Agreement, the Parties Contractors will be able to make use of trilateral cooperation mechanisms, by means of triangular partnerships with other countries, international organizations and regional agencies.

ARTICLE III

1.Os programs and technical cooperation projects will be implemented through Supplemental Adjustments.

2.Igualmente through Adjustments Complementary, the executor institutions, coordinating bodies and inputs necessary to the implementation of the mentioned programs and projects will be defined.

3.Dos programs, projects and activities to be developed to the amparo of this Agreement will be able to participate, inter alia, institutions of the public and private sectors, as well as non-governmental organizations and international bodies, as agreed by means of Supplementary Adjustments.

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

ARTICLE IV

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

a) evaluate and define priority common areas in which technical cooperation implementation would be feasible;

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

c) examine and approve pertinent work plans;

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

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

2.O location and date of meetings will be agreed by diplomatic track.

ARTICLE V

Each of the Contracting Parties shall ensure that the documents, information and other knowledge obtained as a result of the implementation of this Agreement shall not be disclosed or transmitted to third parties without the prior written consent of the other Contracting Party.

ARTICLE VI

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 necessary for the fulfilment of its specific functions, as well as other facilities to be specified in the Supplementary Adjustments.

ARTICLE VII

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 taxes 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 greater 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-export of the said goods;

d) exemption from income taxes as to salaries in charge of the institutions 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 craft practiced in the framework of this Agreement; and

f) repatriation facilities in the event of crisis situations.

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

ARTICLE VIII

Staff sent from one country to another within the framework of this Agreement should act on the basis of the established in each program, project or activity and will be subject to the prevailing laws and regulations on the territory of the host country, re-salvaged the provisions of Article VII of this Agreement.

ARTICLE IX

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 gravames and of export, with the exception of those relating to storage, transportation and other related services.

2.Ao end of programs, projects and activities, all goods, equipment and too many 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 taxes normally incidents, with the exception of fees and charges relating to storage, transportation and other related services.

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

ARTICLE X

1.Cada Contracting Party shall notify the other, by diplomatic way, of the fulfillment of the internal legal formalities necessary to 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, his intention to report it, with at least 6 (six) months in advance of its renewal automatic.

3.Em case of denunciation of the present Agreement, including in the case of triangular cooperation with third countries, will be up to the Contracting Parties to decide on the continuity or not of the activities that are under execution.

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 this Agreement shall be addressed by all peaceful and friendly means admitted to the International Public Law, privileging direct consultations between the Contracting Parties.

Made in Brasilia, on 1º August of 2006, in two exemplars, in the Portuguese and English languages, being both texts being equally authentic.

_______________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

CELSO AMORIM

Foreign Minister

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

ISLAMIC FROM AFGHANISTAN

SAID TAYEB JAWAD

Ambassadors Extraordinary and Plenipotentiary

Junto to Brazil