DECREE NO. 3,869, OF July 16, 2001

Promults the Agreement by Exchange of Notes, between the Government of the Federative Republic of Brazil and the Government of the Republic of Hungary for the Abolition Reciprocal of the Entrance Visa Requirement, concluded in Budapest, on November 9, 1999.

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

Considering that the Government of the Federative Republic of Brazil and Government of the Republic of Hungary concluded, in Budapest on November 9, 1999, an Agreement, by Exchange of Notes, for the Reciprocal Abolition of the Visa Requirement of Entry;

Whereas the National Congress has approved this Agreement through Legislative Decree No. 200 of June 13, 2001;

Whereas the Agreement comes into force on July 19, 2001,

DECRETA:

Art. 1º The Agreement, by exchange of Notes, between the Government of the Federative Republic of Brazil and the Government of the Republic of Hungary for Reciprocal Abolition of the Requirement of Visa of Entry, concluded in Budapest, on November 9, 1999, 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 further adjustments which, pursuant to the 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, July 16 of 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Budapest, November 9 of 1999.

Nr. 045

His Excellency, Mr Dénes Tomaj, Under-Secretary of State at the Ministry of Foreign Affairs of the Republic of Hungary

Lord Undersecretary of State,

I have the honour to acknowledge receipt of the Note of Your Excellency dated today, on the following terms:

Excellence,

I have the honour of informing you that, in the aim of facilitating the entry of nationals of a country into the territory of the other country, the Government of the Republic of Hungary is willing to conclude Agreement for the reciprocal abolition of the entry visa requirement with the Government of the Federative Republic of the Brazil in the following terms:

Article I

The citizens of the Federative Republic of Brazil, holders of valid national common passport, and the nationals of the Republic of Hungary, valid national passport holders valid, will be exempted from the requirement for entry visa in the national territory of the other Contracting Party for stay of not more than 90 (ninety) days, as long as they do not wish to obtain employment or perform paid activity in the receiving territory.

Article II

The citizens of the State of each Contracting Party, holders of national common passport referred to in Article I, they will be able to enter the national territory of the other Contracting Party by all points open to international transit of passengers.

Article III

The holders of valid national common passports, issued by each Contracting Party, who wish to visit the territory of the State of the other Contracting Party for a period of more than 90 (ninety) days and / or travel for reasons of immigration, work or performance of economic activity must obtain the appropriate visas with anteriority at their entry into the territory of the State of the other Contracting Party.

Article IV

A dispensation of the visa requirement introduced by this Agreement shall not exempt citizens of any of the Contracting Parties from the obligation to comply with the prevailing laws and regulations in the receiving territory concerning the entry, stay and exit of foreigners from their territory.

Article V

The Contracting Parties undertake to readmit their nationals in the territories of their respective States without formalities or collection of additional expenses.

Article VI

Each of the Contracting Parties reserves the right to refuse the entry or stay of citizens of the State of the other Contracting Party that:

a) may threaten their safety, public order or public health, or

b) they do not possess sufficient financial resources to bear with your travel expenses during the period of your stay.

Article VII

1. Each of the Contracting Parties shall be able to suspend the application of this Agreement, in whole or in part, on grounds of security, protection of public order or public health, with the exception of the provisions of Article V.

2. Each Contracting Party shall immediately notify the other Contracting Party of the beginning of the termination of that suspension by the diplomatic channels and in written form. The beginning and end of the suspension will be valid from the date of receipt of the notification by the other Contracting Party.

Article VIII

1. The nationals of another Contracting Party, who have exited their valid common passports in the territory of the State of the other Contracting Party, will be able to depart from the receiving territory munched from emergency travel documents issued by the Diplomatic mission or consular repartition of your state. The requirement for a visa of the receiving State in such emergency travel documents shall be waived, except in the cases provided for in Article III of this Agreement and if deemed mandatory by the legislation of the receiving State.

2. The emergency travel documents mentioned in the preceding paragraph will be: the "Authorization of Return to Brazil" for the Federative Republic of Brazil and the "Certificate of Repatriation" for the Republic of Hungary.

Article IX

1. The Contracting Parties shall exchange, by diplomatic means, specimens of their passports and current travel documents at the minimum advance of 15 (fifteen) days after the signing of this Agreement.

2. In the hypothesis of changes in travel documents in circulation, the Contracting Parties force themselves to be interchangeable, by diplomatic means, specimens of their new travel documents accompanied by detailed information on their characteristics and use in term of not more than 30 (thirty) days prior to its entry into force.

Article X

This Agreement will enter into force on the thirtieth day after receipt of the second Verbal Note by which the Contracting Parties shall notify themselves of their ratification to the Agreement.

Article XI

This Agreement will take place for indefinite duration and may be denounced at any time by any of the Contracting Parties. It shall cease its effect 30 (thirty) days after the receipt of written notification, by the diplomatic channels of the complaint by any of the Contracting Parties.

Should the above provisions be acceptable to the Government of the Federative Republic of Brazil I have the honour to propose that this Note and the Response Note in which the receipt of this, constitute Agreement between the two Governments, shall be entered into force on the thirtieth day after the receipt of the second Note by which the Contracting Parties shall notify themselves of their ratification to the Agreement. "

In response I have the honour to confirm that the Note of Your Excellency and the present Note constitute an Agreement between the two Governments on the matter.

I take advantage of the opportunity to renew to Your Excellency the protests of my highest regard.

(Luciano Ozorio Rosa)

Ambassador of Brazil