The Federative Republic of Brazil
the State of Israel and, hereinafter referred to as "The Contracting Parties",
Being desirous of regulating the relationship between their two States in the field of Social Security,
Have agreed as follows:
1. For the purpose of this Agreement:
a) “National”, in relation to Israel, means a person holding Israel citizenship in accordance with the laws of Israel and in relation to Brazil, a Brazilian person as per the Federal Constitution and laws of the Federative Republic of Brazil;
b) “Legislation” means the laws, regulations and other statutory acts that regulate the fields specified in Article 2 of this Agreement;
c) “Competent Authority” means:
- in relation to Israel: the Minister of Social Affairs and Social Services
- in relation to Brazil: the Minister of Finance;
d) “Competent Institution” means the body or authority responsible for implementing the legislation specified in Article 2 of this Agreement and for providing benefits under the applicable legislation;
e) “Benefit” means any payment in cash, or other benefit under the legislation defined in Article 2 of this Agreement including any additional amount, increase or supplement payable in addition to that benefit under the legislation of a Contracting Party, unless otherwise specified in this Agreement;
f) “ Period of Insurance” means:
- in relation to Israel, a period of employment, of self-employment, or payment of contributions, or residence, as defined or recognized as a period of insurance in the legislation of Israel under which such period has been or is deemed to have been completed, or any similar period in so far as it is recognized in the legislation of Israel as equivalent to a period of insurance; and
- in relation to Brazil, a contributory period or any equivalent period considered as such under the Brazilian legislation;
g) “Residence” means habitual residence as legally established in each Contracting Party;
h) “Stay” means temporary residence;
i) “Family member”, for Israel, means the person defined or recognized as such by the legislation applied by the competent institution and in relation to Brazil, the dependents, as established by Brazilian legislation;
j) “Liaison Agency”; the body of the competent institution designated by the Competent Authority to achieve the communication for the purpose of the application of this Agreement;
k) “Personal data” means any information relating, directly or indirectly, to an identified or identifiable natural person (personal data owner);
l) “Processing personal data” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure, by transmission, dissemination or otherwise making available, systematization, or combination, blocking, erasure or destruction.
- Other terms and expressions used in this Agreement shall have meanings assigned by them in the legislation of either Contracting Party. The singular pronouns will also mean in plural, and the male pronouns will also apply to female.
- This Agreement shall apply to the legislation:
A. In relation to Israel: the National Insurance Law (Consolidated version) 5755-1995 insofar as it applies to the following branches of insurance:
a) old age and survivors’ insurance;
b) invalidity insurance;
c) work injury insurance;
d) maternity insurance.
B. In relation to Brazil:
a) The General Social Security Scheme:
1) old age benefit;
2) survivor’s benefit;
3) invalidity benefit;
4) accident injury benefit;
5) maternity allowance;
b) the Public Servants Scheme:
6) old age benefit;
7) survivor’s benefit;
8) invalidity benefit.
- Unless otherwise indicated in paragraph 4 of this Article, this Agreement shall also apply to any legislation codifying, replacing, amending or complementing the legislation referred to in paragraph 1 of this Article.
- With the entry into force of this Agreement the Competent Authorities by themselves or entities delegated by them shall notify each other of their legislation in the field of social security. Henceforth, before the end of February each year, the competent Authorities shall notify each other of the amendments to the legislations passed during the previous calendar year.
- This Agreement shall not apply to legislation which extends the application of the legislation specified in paragraph 1 of this Article to new groups of beneficiaries unless the Competent or delegated Authority of the Contracting Party concerned so decides and gives notice to that effect in connection with the notification referred to in paragraph 3 of this Article.
- Unless otherwise provided, the application of this Agreement shall not be affected by any supranational legislation binding on a Contracting Party, international agreements concluded by the Contracting Parties, or such legislation of a Contracting Party that has been promulgated for the implementation of an international agreement.
This Agreement shall apply to all persons who are or have been subject to the legislation referred to in Article 2 of this Agreement, as well as to family members and survivors or dependents, insofar as their rights derive from those persons in compliance with the applicable legislation of each Contracting Party.
For the purpose of this Agreement, unless otherwise provided, the following persons shall, while residing in the territory of either Contracting Party, have the same rights and obligations under the legislation of that Contracting Party as its own nationals:
a) nationals of the other Contracting Party;
b) refugees, as referred to in the Convention relating to the Status of Refugees of 28 July 1951 and the Protocol of 31 January 1967 to that Convention;
c) stateless person, as referred to in the Convention relating to the Status of Stateless Persons of 28 September 1954;
d) family members, dependents and survivors of the persons mentioned under subparagraphs a) – c) with regard to rights which they derive from such persons.
Export of Benefits
Unless otherwise provided in this Agreement, benefits in kind or in cash shall not be reduced, modified, suspended or withdrawn because the person resides or stays in the territory of the other Contracting Party.
Unless otherwise provided in this Agreement:
- A person who is employed or self-employed in the territory of one of the Contracting Parties shall be subject only to the legislation of that Contracting Party, regardless of the Contracting Party in whose territory one resides or in whose territory the registered office of the employer is located.
- A self-employed worker who performs professional activity in the territory of both Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory he resides. Such person shall be treated as if he exercised all his professional activities in the territory of the Contracting Party to whose legislation he is subject.
- This Agreement does not affect the provisions of the Vienna Convention in Diplomatic Relations or the general principles of customary international law regarding consular privileges and immunities with respect to the legislation specified in paragraph 1 of Article 2 of this Agreement.
- The civil servants of one Contracting Party and persons treated as such who are sent to the other Party shall be subject to the legislation of the Contracting Party in which administration they are employed.
- A person who:
a) is employed by an employer whose registered place of business is in the territory of a Contracting Party;
b) is covered under the legislation of that Contracting Party, and;
c) is sent to work in the territory of the other Contracting Party for the same employer for a period not exceeding 5 years;
shall continue to be subject to the legislation of the first Contracting Party as if he continues to reside and work in the territory of that Contracting Party.
- If the duration of the work exceeds 5 years, the legislation of the first Contracting Party will continue to apply for another 2 years with the consent of the Competent Authorities of the Contracting Parties or of the Competent Institutions designated by them. Such consent should be requested before the end of their initial period of 5 years.
- Paragraph 1 shall also apply where an employer in the territory of the Contracting Party of destination is an affiliated or subsidiary company of the employer of origin.
- The proof of detachment referred to in this Article shall be provided in accordance with provisions of the Administrative Arrangement.
Workers in Maritime and Air Transportation
- Where a person works as an employee aboard a vessel flying the flag of a Contracting Party shall be subject only to the legislation of that Contracting Party.
- Notwithstanding the foregoing, that person shall be subject only to the legislation of the other Contracting Party, if that person is employed by an employer with a registered office in the territory of that other Contracting Party.
- Workers employed on loading, unloading, ship repairing and port monitoring services shall be subject to the legislation of the Contracting Party where their working port is located.
- Crew members of air transportation companies who work in the territories of both Contracting Parties shall be subject only to the legislation of the Contracting Party whose territory the company headquarters is located. However, if this company has a subsidiary in the territory of the other Contracting Party, the person hired by that subsidiary and who is not detached, as per Article 7, shall be subject to the legislation of the Contracting Party where the subsidiary is located.
Exceptions to Articles 6, 7 and 8
The competent Authorities or the Competent Institution designated by the Contracting Parties may agree, in writing, on exceptions to the provisions of Articles 6, 7 and 8 in the interest of a person or a category of persons.
The insurance contributions concerning a person and his employer covered by this Agreement shall be payable according to the legislation of the Contracting Party to which he is subject.
Special Provisions Concerning the Various Categories of Benefits
Old Age, Invalidity and Survivor’s Benefits
Provisions of Benefits
- Unless otherwise provided in this Agreement, when providing benefits on the basis of this Agreement, the Competent Institutions of the Contracting Parties shall apply their respective legislation.
- In relation to Brazil, unless otherwise provided in this Agreement, if the legislation of Brazil subordinates the grant of benefits provided in Article 2 to the condition that a person is subject to its legislation or is receiving a benefit resulting from their own contributions at the time that the fact generating the benefits occurs, that condition shall be considered fulfilled if, at that time, the person is subject to the legislation of Israel.
Periods of Insurance of Less than
- For the purposes of old age pension, where the total duration of the periods of insurance completed under the legislation of one of the Contracting Parties is less than twelve months and where, on the basis solely of those periods, no right of benefit exists under that legislation, the institution of the Contracting Party concerned shall not be bound to grant a benefit in respect of the said periods.
- However for the purpose of totalization, the other contracting party shall calculate the benefit taking into account insurance periods specified in paragraph 1 of this Article as if those insurance periods were completed under the legislation of that Contracting Party.
Application of the Legislation of Israel
Old Age and Survivor’s Benefits
- When a national of a Contracting Party or a person specified in Article 4 b) – d) of this Agreement has been insured in Israel but does not have sufficient Israeli periods of insurance for entitlement to an old age or survivor’s benefits, periods of insurance completed under the legislation of Brazil shall be taken into account as far as they do not overlap with Israeli periods of insurance. The Israeli Competent Institution shall take into account only periods of insurance completed under the legislation of Brazil after 1 April 1954.
- If the person concerned or his survivor qualifies for the benefit when periods of insurance completed under the legislation of both Contracting Parties are added together, the Israeli Competent Institution shall determine the benefits as follows:
a) The Israeli benefit which is payable to a person who has completed the qualifying periods of insurance according to Israeli legislation shall be taken into account as a theoretical sum.
b) On the basis of the above theoretical sum the Competent Institution shall calculate the partial benefit payable according to the ratio between the length of Israeli periods of insurance which the person has completed under the legislation of Israel and the total of all insurance periods completed by him under the legislation of both Contracting Parties.
- The right to an old age benefit shall be conditional upon the beneficiary having been entitled to an old age benefit in accordance with the Israeli legislation and having been a resident of Israel or Brazil at the time of the submission of the claim for old age benefit in Israel. According to the Israeli legislation the period of insurance required for an old age pension is 144 months.
- The right to a survivor’s benefit shall be conditional upon the beneficiary and the deceased having been residents of Israel or Brazil at the time of death, or the deceased having had an old age benefit immediately before his death.
- Vocational training and subsistence allowance for widows, widowers and orphans are payable to persons designated in paragraph 1 of this Article only if they reside in Israel and for as long as they stay in Israel.
- A person covered by this Agreement shall be entitled to an invalidity benefit if he has been insured as a resident in Israel immediately prior to becoming an invalid.
- Special services for handicapped, subsistence allowances for handicapped children of an insured person, professional rehabilitation for a handicapped person, vocational training and a subsistence allowance for his spouse are payable to such person as mentioned above provided he is resident in Israel and for as long as he stays in Israel.
- A person covered by this Agreement who resides outside Israel and is entitled to an Israeli invalidity benefit shall continue to receive the benefit that he was awarded even if there is an increase in the degree of his invalidity, as a result of an aggravation of this invalidity or the addition of a further cause of invalidity arising abroad.
Application of the Legislation of Brazil
Totalization of Periods of Insurance and Calculation of Benefits
- If a person is not eligible for a benefit considering only the periods of coverage fulfilled under the Brazilian legislation, the periods of coverage under the Israeli legislation will also be considered for the entitlement to the benefit, up to the minimum period necessary to reach eligibility for the benefit. To do so, the Competent Institution shall:
a) calculate the theoretical benefit amount that would be paid as if the totalized periods of coverage, up to the minimum period necessary to reach eligibility for the benefit, had been completed under Brazilian legislation; and
b) calculate the benefit amount to be paid based on the theoretical amount, according to the ratio between the duration of the periods of coverage completed under the Brazilian legislation and the periods of coverage completed under the legislation of both Contracting Parties, up to the minimum period necessary to reach eligibility for the benefit.
- The theoretical amount of the benefit referred to in subparagraph (a) of paragraph 1 of this Article shall not, under any circumstances, be inferior to the minimum amount guaranteed by Brazilian legislation.
- If a person is eligible to a benefit under the legislation of Brazil without the application of paragraph 1 of this Article, the Competent Institution of Brazil shall determine the amount of the benefit to be paid based exclusively on the periods of coverage completed by that person under the laws of Brazil.
Work Accidents and Occupational Diseases
Benefits in respect to work accidents or occupational diseases shall be provided by the Competent Institution of the Contracting Party to whose legislation the person was subject at the time of the work accident or the last performed professional activity that caused the incapacity.
Granting of Occupational Disease Benefits
- When a person who is subject to the legislation of both Contracting Parties, has pursued, in both Contracting Parties, an activity which by its nature is likely to cause an occupational disease, the benefits that they or their survivors may claim shall be awarded exclusively in accordance with the legislation of the Contracting Party under which the activity was last pursued.
- However, in cases where the incapacity originated by an occupational disease is manifestly attributable to an activity performed under the legislation of the other Contracting Party, only the legislation of the latter Contracting Party shall be applied.
If the legislation of a Contracting Party explicitly or implicitly provides that previous work accidents or occupational diseases be taken into consideration when determining the degree of invalidity or work capacity, the Competent Institution of that Contracting Party shall also take into consideration previous work accidents or occupational diseases sustained or diagnosed while under the legislation of the other Contracting Party, pursuant to the legislation of the first Contracting Party.
Aggregation of Periods of Insurance
- If the legislation of either Contracting Party makes entitlement to benefits conditional upon the completion of periods of insurance, the competent institution shall take into account, to the extent necessary, of periods of insurance completed under the legislation of the other Contracting Party, insofar as they do not overlap, as if they were periods of insurance completed under the legislation of the first Contracting Party.
- When calculating the benefits in accordance with paragraph 1, only income accrued under the legislation of the Contracting Party which pays the benefit shall be taken into account.
Provision of Maternity Benefits
Maternity benefits shall be provided according to the legislation of the Contracting Party to whose legislation the insured person is subject at the time of the confinement or adoption.
Administrative Arrangement and Information Exchange
The Competent Authorities shall:
a) agree on the procedure for the implementation of this Agreement by means of an Administrative Arrangement;
b) exchange information concerning measures taken for the application of this Agreement;
c) exchange information concerning all changes in their respective legislation which may affect the application of this Agreement;
d) designate liaison agencies to facilitate and accelerate the implementation of this Agreement by means of the Administrative Arrangement.
- Upon common agreement, the Competent Institutions may establish an electronic system to exchange information, including information regarding death of a beneficiary, in order to streamline the implementation of this Agreement.
- The Competent Authorities and Competent Institution of the Contracting Parties shall assist each other in implementing this Agreement as if they were enforcing their own laws. This administrative assistance shall be free of charge, unless the Competent Authorities otherwise agree on reimbursement of certain costs.
- The Competent Authorities and Competent Institutions of the Contracting Parties may communicate directly with each other and with the persons concerned or with their representatives.
- Subject to the provisions of this Article and only upon request of the insured person, the competent institution of both Contracting Parties are authorized to exchange personal data relating to that person, for the implementation of this Agreement.
- Transferring personal data shall be subject to the legislation concerning the protection of privacy and personal data of the transferring Contracting Party.
- Processing of personal data by the competent institution of the Contracting Party to which the data is transferred, shall be in accordance with the legislation concerning the protection of privacy and personal data of the receiving Contracting Party.
- The personal data referred to this Article shall be confidential and shall be used solely for the purpose of the determining the entitlement to pensions and benefits in accordance with this Agreement. The personal data specified in the request shall only be transferred between the competent institution or authorized authorities of both Contracting Parties and shall not be transmitted onwards to third bodies.
- The Contracting Parties shall take measures to protect the personal data required under this Agreement from accidental or illegal destruction, loss, accidental disclosure or modification, unauthorized access or from any type of non-authorized processing.
- Personal data acquired under this Agreement shall be stored and protected, in compliance with the applicable legislation of the Contracting Parties.
Exemption from Taxes, Charges and Authentication
- When the legislation of a Contracting Party provides that any claim for documents is exempt, wholly or partly, from taxes, stamp duties, fees for court proceeding or registration fees, as far as the application of the legislation of the Contracting Party is concerned, the exemption shall be extended to apply also to claims and documents issued by the authorities of the other Contracting Party for the implementation of this Agreement.
- Documents and certificates which are presented for the purpose of this Agreement shall be exempt from authentication by diplomatic or consular authorities or from other similar internal formal procedures provided they are exchanged directly between Competent Institutions or Liaison Agencies.
- Copies of documents which are authenticated by the Competent Institution of one Contracting Party shall be accepted as true and exact copies by the Competent Institutions of the other Contracting Party, without further certification.
Submission of Claims
- Claims, notifications and appeals submitted to the Competent Institution of one Contracting Party shall be deemed to have been submitted to the Competent Institution of the other Contracting Party on the same date.
- A claim for a benefit payable under the legislation of one Contracting Party shall be deemed to be a claim for the corresponding benefit payable under the legislation of the other Contracting Party, provided that the claim concerned is sent to the Competent Institution of the other Contracting Party. This does not apply, however, if the applicant expressly requests to postpone the award of old-age benefits under the legislation of one of the Contracting Parties.
Claims for Recovery
If the Competent Institution of a Contracting Party has paid a beneficiary a sum exceeding the entitlement of that beneficiary, the Competent Institution shall, within the scope and terms of the applicable legislation, request the Competent Institution of the other Contracting Party to withhold a sum equivalent to the sum paid in excess from any sum payable by the latter Competent Institution to the beneficiary. Such withholding by that Competent Institution shall be in compliance with the scope and terms of the applicable legislation as if reclaiming an excess sum paid by that Competent Institution itself. The Competent Institution shall transmit the sum it has withheld to the requesting Competent Institution.
Languages Used in Application of the Agreement
The Competent Authorities, Competent Institutions and Liaison Agencies of the Contracting Parties may in application of this Agreement use the official languages of the Contracting Parties or the English Language, as specified in the Administrative Arrangement referred to in subparagraph (a) of Paragraph 1 of Article 21.
Currency and Method of Payment
- Payment of any benefit in accordance with this Agreement may be made in the currency of the Contracting Party whose Competent Institution makes the payment.
- If provisions designed to restrict the exchange or exportation of currencies are introduced by either Contracting Party, the Competent Authorities or Competent Institutions of both Contracting Parties shall immediately take measures necessary to insure the transfer of sums payable under this Agreement.
- The Competent Institutions of the Contracting Parties shall establish mechanisms for transferring foreign currency for the payment of cash benefits directly to the beneficiaries or dependents living within the territory of the other Contracting Party.
Settlements of Disputes
- Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent possible, by the Competent Authorities.
- Should the Competent Authorities be unable to resolve such disputes, pursuant to paragraph 1 of this Article, the Contracting Parties shall endeavor to do so by negotiations through diplomatic channels.
- If a person who resides or stays on the territory of a Contracting Party submitted a claim or is receiving benefits according to the legislation of the other Contracting Party and if a medical expertise is necessary, the Competent Institution of the first Contracting Party where he resides or stays shall carry on that expertise at the request of the other Contracting Party.
- The modalities of the medical verification for the beneficiaries of this Agreement shall be established within the Administrative Arrangement referred to in Article 21.
Transitional and Final Provisions
- This Agreement shall not confer any rights to payment of benefits for any period prior to the date of entry into force of this Agreement.
- When determining the right to benefits under this Agreement, any period of insurance completed prior to the entry into force of this Agreement, in conformance with the legislation of the Contracting Parties, shall be taken into account.
- Subject to paragraph 1 of this Article, this Agreement may be applied even to contingencies that occurred prior to the entry into force of this Agreement.
- Benefits granted prior to the entry into force of this Agreement will not be reduced in case of a claim by the beneficiary filed according to the provisions of this Agreement.
- Any benefit which has been denied or suspended based only on the nationality of the person concerned or his residence in the territory of the other Contracting Party shall, on the claim of that person, be awarded or resumed in accordance with this Agreement with effect from the date of entry into force of this Agreement, provided that the rights previously determined have not given rise to a lump-sum payment.
- If the claim referred to in paragraphs 4 and 5 of this Article is submitted within two years from the date of entry into force of this Agreement, the rights under this Agreement shall be acquired as from that date. If the abovementioned claim is submitted after the expiration of the two year period following the date of entry into force of this Agreement, rights which have not been forfeited or are not barred by limitation shall be acquired as from the date on which the claim was submitted, except when more favorable provisions of the legislation of any of the Contracting Parties apply.
Validity and Termination
- This Agreement shall remain in force for an indefinite period.
- Either Contracting Party may terminate this Agreement through diplomatic channels by written notice. In that event, this Agreement shall remain in force until the last day of the twelfth month following the month in which the termination was notified.
- If this Agreement is terminated, any acquired rights regarding the eligibility or benefits payment in accordance with its provisions shall be maintained.
Entry into Force
- This Agreement shall enter into force on the first day of the third month following the month in which the latter notification is sent by either Contracting Party informing the other Contracting Party in writing through diplomatic channels that all the required internal legal procedures for the entry into force of this Agreement have been completed.
- This Agreement may be amended or supplemented at any time by mutual consent of the Contracting Parties in writing. These Amendments or supplements shall enter into force in accordance with the procedure set forth in paragraph 1 of this Article.
Done at Jerusalem, on the 27 February of the year 2018, which corresponds to the 12 day of Adar, 5778 in the Hebrew calendar, in two original copies in the Portuguese, Hebrew and English languages, each text being equally authentic. In case of divergence of interpretation, the English text shall prevail.
FOR THE FEDERATIVE REPUBLIC OF BRAZIL
Paulo Cesar Meira de Vasconcellos, Ambassador
FOR THE STATE OF ISRAEL
Yossi Shelley, Ambassador