MOTION FOR RESOLUTION No. 31 /X

Listening to the member states of the Community of Portuguese-speaking Countries

have approved the Convention on the Regional Centre for Excellence in Development

Business, in the III Conference of Heads of State and Government of the Community of

Portuguese-speaking countries, held in Maputo, on July 18, 2000, having been

signed by the member states at the Executive Secretariat in Lisbon, May 31,

2004;

Considering that the Convention aims to create the international body called the

Regional Centre of Excellence in Business Development, based in

Luanda, and the respective organic and functional framework;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Approve, for ratification, the Convention on the Regional Centre of Excellence in

Business Development, approved in the III Conference of Heads of State and of

Government of the Community of Portuguese-speaking Countries in Maputo, July 18-

2000, and signed in Lisbon, to May 31, 2004, the text of which, in the authenticated version in

portuguese language, is published in annex.

Seen and approved in Council of Ministers of November 24, 2005.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

CONVENTION ON THE REGIONAL CENTRE OF EXCELLENCE IN

BUSINESS DEVELOPMENT

Open to subscription on May 31, 2004

in the Secretariat-Executive of the CPLP

PREÂMBS

The member states of the Community of Portuguese-speaking Countries,

With a view to the Constitutive Declaration of the Community of the Countries of Language

Portuguese (CPLP), on the occasion of the Conference of Heads of State and Government of

Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal and São Tomé and

Prince, held in Lisbon, on the July 17, 1996;

Animate of the purpose of strengthening and extending the actions that aim at excellence

of the business development in the member states, establish the Regional Centre

of Excellence in Entrepreneurship in the framework of the Community of Countries

of Portuguese Language, as approved in the III Conference of Heads of State and of

Government of the Community of Portuguese-speaking Countries, held in Maputo, to the

July 18, 2000;

Considering the self-identity of Portuguese-speaking countries, located in

geographically discontinuous space but identified by the common language, linkage

historical and the common heritage of their peoples, resulting from a coexistence

multisecular;

Recognizing the importance that the Institutions of the member states of the

CPLP be strengthened, as a fundamental condition to speed up your process of

development;

Recognizing the need to stimulate business development in the

Member states of the CPLP;

Recognizing the opportunity to introduce training programmes of

entrepreneurs and technical support to micro, small and medium enterprises in the states

members of the CPLP;

Recognizing the importance that international cooperation with States

members be directed towards their progressive autonomy, in particular in management

of programmes for business development and vocational training; and

Considering the firm purpose of member states to develop efforts

technical cooperation sets oriented towards the achievement of the capacities that each

of its members needs for the economic and social development of its peoples;

AGREE

the following:

CONVENTION ON THE REGIONAL CENTRE OF EXCELLENCE IN

BUSINESS DEVELOPMENT

CHAPTER I-OF THE GENERAL PROVISIONS

Article 1.

Definitions

For the purposes of applying this Convention:

a) "member state" means a member state of the CPLP that becomes a party to the

this Convention;

b) "Regional Centre" means the institution referred to in Article 2º.;

c) "Council" means the Deliberative Council of the Regional Centre to which it relates

section I Chapter III; and

d) "Tax year" means the period from January 1 to December 31.

e)

Article 2.

Subject

This Convention shall have the purpose of instituting the Regional Centre of Excellence

In Business Development, as approved in the III Conference of Heads of

State and Government of the Community of Portuguese-speaking Countries, held in

Maputo, on the July 18, 2000.

Article 3º.

Legal Status

1. The Regional Centre established by this Convention is endowed with personality

international legal.

2. Member States shall recognize in their internal legal orders,

legal personality to the Regional Centre and capacity to celebrate the

legal business necessary for the pursuit of its purposes.

Article 4º.

Headquarters

1. Regional Center is headquartered in Luanda.

2. The Regional Centre shall conclude an agreement with the Republic of Angola,

named Sede Agreement , which will establish the privileges and immunities, of the

Deliberative Council, of the Representatives of the Member States, of the Director-

Executive and his team.

CHAPTER II-OF THE FINS

Article 5.

Purposes of the Regional Centre

The Purposes of the Regional Center are:

(a) stimulate entrepreneurial capacity in the member states of the CPLP;

b) Constituting in polo of development of techniques and knowledge in management

business and vocational training;

c) To realize studies, socio-economic, technical and market research relevant to

the development of micro, small and medium enterprises;

d) Supporting the integration of the efforts of the institutions of business development and

vocational training of the member states of the CPLP; and

E) to strengthen the institutional capacity of CPLP member states to plan and

implement programmes and projects for business development and the permanent

professional qualification of your technical frameworks.

CHAPTER III-OF THE ORGANIZATION AND OPERATION

Article 6.

Organs

The Regional Centre is composed of the following bodies:

a) The Deliberative Council; and

b) The Executive Director.

Section I

OF THE DELIBERATIVE COUNCIL

Article 7.

Composition of the Council

1. The Deliberative Council shall be composed of Representatives of all States

members of the CPLP signatories to this Convention.

2. Each Member State of the CPLP shall nominate its Representative and, in the event of

impediment or absence of this, your Substitute Representative and respective

Aides to support their representation at Council meetings.

Article 8.

Presidency and Vice-Presidency of the Council

1. The Board elects in each fiscal year a President and a Vice President of the

Deliberative Council, which will not receive remuneration for the performance of these

functions.

2. The President and the Vice-President of the Council shall be chosen from among the

representatives of the member states of the CPLP, being allowed the re-election of a

or of both.

3. In the temporary absence of the President of the Council, the Vice President will assume his

place; in the temporary absence of the President and the Vice President of the Council, or

in the impossibility of one or both of these continuing to perform these functions in the

remaining period of its mandates, the Council elects new representatives

for the remainder of the term of office for which the predecessors were elected.

Article 9.

Competences of the Council

1. The Deliberative Council shall be the decision-making body of the Organization.

2. Compete in particular to the Deliberative Council:

a) Establish financial rules in accordance with Chapter IV of the present

Convention;

b) Establish the Staff Regime of the Organization;

c) Approve the Annual Work Plans;

d) Analyze and approve the Budget; and

e) To analyze and approve the Annual Activity Report and Accounts.

Article 10º.

Operation of the Council

1. The Council shall adopt its internal regulation, within 90 days, from the

date of the realization of your first session.

2. The Board holds an ordinary session per year.

3. The Council meets in extraordinary session, whenever it so decides, with

at least two thirds of its members, or on a proposal from the Director-

Executive of the Regional Centre, in common agreement with the President of the

Advice.

4. The convening of the meetings of the Council and the respective agenda are made by the

Chairperson of the Deliberative Council in minimum advance of six weeks;

in case of force majeany, the convocation will be made with at least ten days of

advance notice.

5. Council sessions are held on the premises of the Regional Centre.

6. At the invitation of any of the member States, the Council may meet outside

of the facilities of the Regional Centre.

7. The internal regulation of the Council may provide for specific procedures that

allow for decision-making outside the framework of their respective meetings.

8. The Council draws up Minutes of all its meetings, as well as the registration of the

decisions taken in accordance with the previous number.

Article 11º

Quorum

The Quorum for the holding of any session of the Council shall be five States

members.

Article 12º

Deliberations

The decisions and recommendations of the Council shall be adopted by consensus.

Article 13º

Admission of Observers

The Council may invite any entity to participate as an observer in the

your sessions.

Section II

From the Executive Directorate

Article 14º.

Director-Executive

1. The Executive Director shall be the governing body and administration of the Organization,

acting under the direction of the Deliberative Council.

2. The Executive Director shall be designated by the Deliberative Council of the Centre

Regional.

3. The terms and conditions of the designation of the Executive Director are determined

by the Council.

4. The Chief Executive is co-adjured by a team per se appointed, according to

with the rules and requirements for the exercise of the functions adopted by the Council

Deliberative.

Article 15º.

Incompatibilities

1. The Executive Director and his team obligate themselves to respect the character

international of its functions in the Regional Centre.

2. The post of Director-Executive and his team is incompatible with the

performance of other functions.

3. The Executive Director and his / her team will not seek or receive instructions from

any member state or any external authority to the Institution, in the

performance of its functions in the Regional Centre.

CHAPTER IV-DAS FINANCE

Article 16º.

Financial accounts

1. The Regional Centre approves two accounts:

a) The Administrative; and

b) The Special.

2. The Chief Executive shall be responsible for the management of the Accounts provided for in the (

a) and (b) in paragraph 1 of this Article, in accordance with the rules established

by the Council.

Article 17º.

Administrative Account

1. The expenditure relating to the implementation of this Convention is covered by

financial resources deposited in the Administrative Account, in the form of

annual contributions of the member states, calculated in accordance with the

principle of Equality.

2. Before the end of each fiscal year, the Board approves the Account budget

Administrative for the following fiscal year and defines the contributions due by the

Member states.

3. The contributions to the first budget of the Administrative Account are due

on date to be defined by the Council in its first session.

Article 18º.

Contributions in debt

1. If a member does not pay his / her contribution to the Administrative Account up to three

months after the due date, the Chief Executive requests that the Member State in

debt deposit to your contribution.

2. Elapsed one month after the application referred to in the preceding paragraph, without the

contribution has been carried out, the member state will be urged to expose from

substantiated form the reasons that prevented it from carrying out the deposit.

3. Decorrides six months, by decision of the Council, may be applied to the amount

in debt, the rate of interest practiced by the Central Bank of the Republic of Angola.

Article 19º.

Special Account

1. The Special Account is intended solely to finance the implementation of the

projects related to the objectives of the Regional Centre.

2. The sources of financing of the Special Account are, in particular:

a) The Special Fund of the Community of Portuguese Language Countries;

b) Cooperation agencies for development;

c) Regional and international financial support institutions; and

d) Voluntary contributions.

3. Financial resources of the Special Account may only be used for the

implementation of the projects negotiated and approved together with the sources of

funding, in accordance with the established application plan.

4. All resources capped, linked to the negotiated and approved projects,

are deposited in the Special Account and all expenses arising from the

implementation of such projects are debited to the Special Account, inclusive

expenses for remuneration, travel and stay of consultants and teachers

guests.

5. It is vetted to the Regional Centre to borrow to finance the

implementation of projects or assume any relative obligation to

loans made by member states.

6. When they are offered to the Regional Centre Financial resources no

linked to the implementation of specific projects, the Managing Director may

accept the deposit of these funds in the Special Account, the destination of which will be decided

by the Council, on a proposal from the Chief Executive Officer.

7. Financial contributions to specific projects can only be

used for the projects for which they were originally intended, not

be with express approval from the Council in conjunction with the donors.

8. After the end of each project, the Regional Centre returns to each donor the

remnant financial resources; in case there is more than one donor to

a specific project, the remaining resources will be distributed pro rata from

agreement with the proportion of donor contributions, unless it has been

decided to the contrary by the donor in the act of donation.

Article 20º.

Contributions

1. The contributions of the member states to the Administrative and Special Accounts

are carried out in current currency and free from foreign exchange restrictions.

1. 1. It shall be agreed that for the purposes of this Convention, the current currency is the Euro,

or the one that stays decided as being the currency used for contributions to the

CPLP.

2. The Council may accept other forms of contribution to the Special Account,

inclusive of material goods and expert services, to meet the needs

of specific projects.

Article 21º.

Audit and Publication of Balanings

1. The Council assigns independent auditors, selected preferentially

between entities based in the member states, to audit the accounts of the Center

Regional.

2. The audited balance sheets of the Administrative and Special Accounts are sent to the

Member states up to four months after the end of the fiscal year.

3. The audited balance sheets are analyzed for approval by the Board, in the session

subsequent.

4. The summary of audit reports and balance sheets are the subject of publication.

CHAPTER V-OF THE ACTIVITIES OF THE REGIONAL CENTRE

Article 22º.

Projects

1. Project proposals of the Regional Centre are approved by the Director-

Executive, before they are submitted to the sources of funding.

2. The Deliberative Council tasked with carrying out the continuous monitoring

of the operational activities of the Regional Centre, including with regard to the

implementation of projects.

Article 23º.

Relations with the Special Fund

The Regional Centre maintains close contact with the Special Fund of the CPLP, of

form to get your support in the implementation of cooperation projects, training and

development of human resources in public administration.

Article 24º.

Annual Activity Report

The Regional Centre disseminates the Annual Activity Report, approved by the

Deliberative Advice up to four months after the close of each fiscal year.

CHAPTER VI-OF THE FINAL PROVISIONS

Article 25º.

Controversies

Any controversy concerning the interpretation or application of the present

Convention shall be decided, by consensus in final and binding terms, by the Council

Deliberative.

Article 26º.

General obligations of member states

Member States obligate themselves to accept the decisions taken by the Council,

as well as to refrain from taking some internal or international measure that

commitment to its effectiveness.

Article 27º.

Suspension of Obligations

1. In exceptional circumstances, emergency or due to force majee, the

Council may dispense with a State member of an obligation laid down in the

this Convention.

2. The decision provided for in the preceding paragraph shall be substantiated, containing:

a) the reasons for the dispensation; and

b) the terms, conditions and deadlines of the same.

Article 28º.

Amendments

1. The Council may adopt amendments to this Convention, under a proposal to

any member state.

2. The amendments will enter into force once the formalities have been completed

constitutional of each of the member states.

Article 29º.

Denunciation

1. Any Member State may denounce this Convention, to the whole

moment, upon written notification to the President of the Council.

2. The complaint shall produce its effects ninety days after the receipt of the said

notification.

Article 30º.

Membership

This Convention shall remain open to the accession of the States which come to

become members of the CPLP.

Article 31º.

Deposit

The original text of this Convention and all instruments of ratification or

accession shall be deposited with the Executive Secretariat of the CPLP, which shall undertake

of sending certified copies to the member states.

Article 32º.

Entry in Vigor

1. This Agreement shall enter into force on the first day of the month following the date on

that three member states of the CPLP, including the Republic of Angola, have

deposited at the headquarters of the CPLP, together with its Executive Secretariat, the respective

instruments of ratification or equivalent documents that link them to the

Agreement.

2. For each of the member States that comes to deposit thereafter, at the head office

of the CPLP, together with the Executive Secretariat, the respective instrument of

ratification or equivalent document that binds it to the Agreement, the same shall enter

in force on the first day of the month following the date of deposit.

Made and signed in Lisbon, on the May 31, 2004.

Republic of Angola

Federative Republic of Brazil

Republic of Cape Verde

Republic of Guinea-Bissau

Republic of Mozambique

Portuguese Republic

Democratic Republic of São Tomé and Prince

Democratic Republic of Timor-Leste