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MEMORANDUM OF UNDERSTANDING BETWEEN THE RIO BRANCO INSTITUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE SCHOOL OF INTERNATIONAL RELATIONS OF THE ISLAMIC REPUBLIC OF IRAN ON MUTUAL COOPERATION ON TRAINING OF DIPLOMATS

TREATY ON EXTRADITION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

TREATY ON THE TRANSFER OF SENTENCED PERSONS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

TREATY ON MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN


MEMORANDUM OF UNDERSTANDING BETWEEN THE RIO BRANCO INSTITUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE SCHOOL OF INTERNATIONAL RELATIONS OF THE ISLAMIC REPUBLIC OF IRAN ON MUTUAL COOPERATION ON TRAINING OF DIPLOMATS

 

The Rio Branco Institute of the Ministry of Foreign Affairs of the Ministry of External Relations of the Federative Republic of Brazil

 

and

 

the School of International Relations of the Islamic Republic of Iran

(hereinafter referred to as “Parties”),

 

recognizing the spirit of cooperation that exists between Brazil and Iran and

 

willing to promote closer collaboration on the training of diplomats;

 

Have reached the following understanding:

 

 

  1. The Parties will cooperate on exchange of information and experiences concerning their respective programs of study and research, courses, seminars and other academic, educational and training activities.

 

  1. The Parties will promote contact and exchange of teachers, students, trainees, professors, experts and researchers.

 

  1. The Parties will encourage the exchange of information on national and international publications, especially in areas of mutual interest.

 

  1. The Parties will exchange information and views related to international trends and advance in training, study and research in diplomacy, as well as tools related to e-learning.

 

  1. The Parties may explore the possibilities of other forms of cooperation under the scope of objectives of this Memorandum.

 

  1. The Parties will decide, through the pertinent diplomatic channels, the specifics and logistics of every project they jointly undertake. For this purpose, protocols laying down the terms and conditions of the proposed exchanges will be signed, if necessary.

 

  1. This Memorandum of Understanding will not imply for the Parties additional costs apart from those that are already foreseen for bilateral cooperation between the diplomatic academies. Any expenses possibly associated with the implementation of the Memorandum of Understanding will be covered by the approved budget of the Ministry of Foreign Affairs of the Islamic Republic of Iran and the Ministry of Foreign Affairs of Brazil, respectively.

 

  1. This Memorandum of Understanding will enter into effect on the date of its signature and will remain valid for a period of three (3) years. It will be automatically renewed for subsequent three (3) year periods, unless either Party notifies the other Party of its intention to terminate the Memorandum of Understanding ninety (90) days before the expiration of the original or renewed three year period.

 

  1. Upon such termination, any activities of programs will continue to be governed by the provisions of the Memorandum of Understanding until their completion, unless the Parties agree otherwise.

 

  1. This Memorandum of Understanding may be amended, at any time, by written mutual consent of the Parties through diplomatic channels.

 

  1. Any dispute arising between the Parties on the interpretation of the present Memorandum of Understanding will be settled amicably by the Parties through negotiations through diplomatic channels.

 

This Memorandum of Understanding, comprised of a preamble and eleven paragraphs, was signed on April 10, 2018 corresponding to Farvardin 21, 1397 in two original copies in the Portuguese, English and Persian languages, all texts being equally valid. In case of divergence in interpretation, the English text will prevail.

 

FOR THE RIO BRANCO INSTITUTE OF THE FEDERATIVE REPUBLIC OF BRAZIL OF THE MINISTRY OF FOREIGN AFFAIS OF THE FEDERATIVE REPUBLIC OF BRAZIL

 

 

 

_____________________________

Sérgio Barreiros Santana de Azevedo

Acting Director-General of the Rio Branco Institute

 

FOR THE SCHOOL OF INTERNATIONAL RELATIONS OF THE MINISTRY OF FOREIGN AFFAIRS OF THE ISLAMIC REPUBLIC OF IRAN

 

 

 

 

 

______________________________

Mohammad Hasan Sheikholeslami

Dean of the School of International Relations

 


TREATY ON EXTRADITION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

 

Preamble

 

The Federative Republic of Brazil

 

and

 

the Islamic Republic of Iran,

hereinafter referred to as the “Parties";

 

 

WILLING to strengthen existing relations between the two States;

 

INTERESTED IN improving the effectiveness in the investigation and prosecution of crime and to combat crime in a more effective way as a means of protecting their respective common values;

 

HAVING DUE REGARD for human rights and the rule of law;

 

MINDFUL of the guarantees under their respective legal systems which provide an accused person with the right to a fair trial, including the right to adjudication by an impartial tribunal established pursuant to law;

 

AWARE of the need of undertaking the broadest possible cooperation in furtherance of the extradition of criminals who fled abroad;

 

TAKING INTO ACCOUNT that the goals can be achieved through a bilateral agreement establishing joint action in matters of extradition; and

 

DESIRING to conclude a Treaty relating to extradition on the basis of the principles of national sovereignty, non-interference in the internal affairs of each Party and protection of mutual interests;

 

         HAVE AGREED AS FOLLOWS:

 

 

Article 1

General principles

 

The Parties, according to the provisions of  this Treaty and to their respective domestic law, shall surrender  those persons who are to be found in their territory and are sought by the other Party  with a view to carry out criminal proceedings or to enforce a sentence.

 

Article 2

Extraditable crimes

 

  1. For the purposes of this Treaty, extradition shall be granted in respect of crimes punishable under the national laws of both Parties by imprisonment or other forms of deprivation of liberty for a period of one (1) year or more.

 

  1. Extradition for the purpose of enforcement shall be granted if, at the time of sending the extradition request, a period of one (1) year or more of the sentence remains to be served by the person sought.

 

  1. For the purposes of this Article, a crime shall be an extraditable one whether or not the laws of the Parties place the crime within the same category of crimes or denominate it by the same terminology.

 

  1. When extradition has been granted with respect to an extraditable crime punishable by the legal system of both Parties, it may also be granted in respect to any other crime specified in the extradition request that meets all other requirements for extradition except for those periods of sentence set forth in Paragraphs 1 and 2 of this Article.

 

  1. The Requesting Party shall not apply to the person sought penalties which are not foreseen in the domestic law of the Requested Party.

 

  1. Where extradition of a person is sought for a crime against a law relating to taxation, customs duties, exchange control or other revenue matters, extradition shall not be refused on the grounds that the national law of the Requested Party does not envisage the tax and customs rules or norms in the sphere of currency regulation similarly to the national legislation of the Requesting Party.

 

 

Article 3

Grounds for refusal

 

  1. Extradition shall be refused if:

 

a) the person sought is a national of the Requested Party. In such a situation, the Requested Party shall, upon request, submit the case to its competent authority for considering the institution of criminal proceedings and shall inform the Requesting Party of the result;

 

b) the Requested Party considers that the extradition could harm its sovereignty, national security, public order or would be contrary to its constitution;

 

c) the Requested Party has substantial grounds to believe that the extradition request has been made for the purpose of persecuting or punishing the person sought on account of that person’s race, gender, religion, nationality, or political opinion, or for supposing that the person’s position may be prejudiced for any of those reasons;

 

d) the criminal proceedings under the national law of the Requested Party or the Requesting Party may not be initiated or a sentence may not be enforced because of the lapse of time;

 

e) the extradition would be contrary to the principle of non bis in idem;

 

f) the extradition was requested for crimes under military law which are not crimes under ordinary criminal law;

 

g) the person has not had or will not have the opportunity to be tried in his or her presence;

 

h) the person to be extradited has answered or will answer, in the Requesting Party, before an extraordinary or non-permanent tribunal or court;

 

i) the crime is regarded as being of a political nature. To this end, the following crimes shall not be considered as crimes of a political nature:

 

i - a crime against the life or person of the Head of State or the Head of Government or member(s) of their immediate family;

 

ii - a crime under any international convention to which the Parties have the obligation by virtue of becoming a State Party thereto to either extradite or prosecute the person sought or submit the case without undue delay to their competent authorities for the purpose of prosecution;

 

iii - a crime related to terrorism or to the financing of terrorism;

 

iv - an attempt or conspiracy to commit any of the foregoing crimes or participation as an accomplice of a person who commits or attempts to commit such a crime;

 

v - serious crimes against the life, corporal integrity, honour or property, even if politically motivated.

 

  1. If there are sufficient assurances that the sentence will not be aggravated for any political reason, the extradition may be granted.

 

  1. Extradition may be refused if:

 

a) the crime for which the extradition is requested is subject to the jurisdiction of the Requested Party in accordance with its national law and/or the person sought is under investigation or will be prosecuted by the competent authorities of the Requested Party for the same crime;

b) the Requested Party, taking into account the gravity of the crime and the interests of both Parties, considers that the extradition would be incompatible with humanitarian considerations, in view of the person’s age, health, or any other personal circumstances.

 

Article 4

Central authorities and manner of communication

 

  1. For the purposes of this Treaty, Central Authorities shall be designated by each of the Parties.

 

  1. For Islamic Republic of Iran, the Central Authority shall be the Ministry of Justice.

 

  1. For the Federative Republic of Brazil, the Central Authority shall be the Ministry of Justice and Public Security, which may also act as the transmittal authority.

 

  1. The Central Authorities shall communicate with one another for the purposes of this Treaty through diplomatic channels.

 

  1. In emergency situations, the requests may be transmitted directly between the Central Authorities of the Parties, but shall be confirmed immediately through diplomatic channels, in writing.

 

  1. The Parties may at any time inform any changes in the designation of the Central Authority and/or transmittal authority and its functions for the purposes of this Treaty. Notification of such a change shall take place by the exchange of diplomatic notes.

 

  1. The Central Authorities shall ensure celerity and effectiveness of cooperation under this Treaty.

 

  1. All documents or other materials transmitted through Central Authorities which are related to this Treaty shall be exempt from certification or authentication.

 

 

Article 5

Provisional arrest

 

  1. In the case of urgency and before the formalization of the extradition is fulfilled, the Requesting Party may request for the provisional arrest of the sought person. The request for provisional arrest shall contain reference to the arrest warrant issued by a competent authority of the Requesting Party or to the judgment and an indication that the extradition request shall be presented additionally. The request for provisional arrest may be sent by use of electronic means or via the International Criminal Police Organization (Interpol).

 

  1. The Requested Party shall decide on the request for provisional arrest with grounds on its domestic law and shall promptly inform the Requesting Party about its decision and the reasons thereof.

 

  1. The Requesting Party shall formally submit the extradition request within a term of sixty (60) days counted from the date in which it was notified about the arrest of the sought person.

 

  1. In the case the request is not submitted according to the terms stipulated in paragraph 3 of this Article, the sought person shall be released after being provisionally arrested and a new request for provisional arrest for the same fact shall not be admitted without the due request for extradition.

 

 

Article 6

Request for extradition and supporting documents

 

  1. A request for extradition shall include:

 

a) personal information of the person sought, including his or her full name, date of birth, nationality and, whenever possible, fingerprints, photographs and any other information which will help to establish his or her identity or residence;

 

b) a summary of the facts related to the crime for which extradition is requested, along with the date and place of its commitment; and

 

c) the legal description of the crime, of the punishment which could be imposed and of other relevant legal provisions related to the case.

 

  1. In addition to the provisions of Paragraph 1 of this Article, the extradition request shall be accompanied by:

 

a) if there is no final conviction, a copy of the arrest warrant;

 

b) if the extradition request is aimed at executing a custodial sentence imposed on the person sought, a copy of the court judgment and a description of the period of the custodial sentence already served;

 

c) if the crime for which extradition is requested was committed outside the territory of the Requesting Party, the relevant law proving that the Requesting Party has jurisdiction over the crime.

 

  1. If the formal admissibility requirements provided for on this Treaty are not fulfilled, the request will be archived upon justified decision of the Requested Party, without prejudice to the resubmission of a request accompanied by the required documentation.

 

Article 7

Language

 

Requests shall be submitted in the language of the Requesting Party, accompanied by a translation into the official language of the Requested Party or, when mutually consented, in English, unless otherwise agreed.

 

Article 8

Supplementary information

 

  1. If the information submitted by the Requesting Party which accompanies an extradition request is not sufficient to ensure the decision of the Requested Party in accordance with this Treaty, the Requested Party may request supplementary information. The requested supplementary information must be submitted within sixty (60) days of receipt of the request.

 

  1. If the person sought is arrested and the requested supplementary information has not been received within the period specified in Paragraph 1 of this Article, the person may be released. Such release shall not prevent the Requesting Party from submitting a new extradition request.

 

  1. If the person sought is released from custody pursuant to Paragraph 2 of this Article, the Requested Party shall notify the Requesting Party about this as soon as possible.

 

 

Article 9

Decision on the extradition request

 

  1. The Requested Party shall decide on the extradition request in accordance with the provisions of this Treaty and its national law, and shall promptly inform about its decision to the Requesting Party.

 

  1. If the Requested Party refuses, completely or partially, to grant extradition, the reasons for refusal shall be communicated to the Requesting Party.

 

 

Article 10

Simplified extradition procedure

 

The Requested Party, according to its legal system, may grant extradition after the receipt of the request, provided that the person sought explicitly consents before a competent legal authority of the Requested Party.

 

 

Article 11

The rule of specialty

 

  1. A person who has been extradited shall not be prosecuted, sentenced or detained with a view to the carrying out of a sentence or detention order for any crime committed prior to the one that fundaments his or her extradition, nor shall his or her freedom be restricted, for any reason, except in the following cases:

 

a) when that person, having had an opportunity to leave the territory of the Party to which he or she has been surrendered, has not done so within thirty (30) days of his or her final discharge, or has voluntarily returned to that territory after leaving it. However, this period does not include the time period during which the aforesaid person fails to leave the Requesting Party for reasons beyond his or her control;

b) when the Party which surrendered him or her consents. A request for consent shall be submitted accompanied by the documents mentioned in Article 7 and a legal record of any statement made by the extradited person in respect of the crime concerned. Consent may be given when the crime for which it is requested is itself subject to extradition in accordance with the provisions of this Treaty;

 

  1. When the legal description of the crime charged is altered in the course of criminal proceedings, the extradited person shall only be proceeded against or sentenced in so far as the crime under its new description is shown by its constituent elements to be a crime which would allow extradition.

 

Article 12

Re-extradition to a third State

 

The Requesting Party may not re-extradite a person to a third State in respect of crimes committed prior to the extradition without the prior consent of the Requested Party. The Requested Party may require the submission of the documents and information referred to in Article 5 of this Treaty to render such consent.

 

Article 13

Concurrent requests

 

  1. If the extradition of the same person has been requested by one of the Parties and one or more third States, the Requested Party shall decide, at its discretion, to which one of them it will surrender the person sought, and shall notify the requesting States of its decision.

 

  1. When more than one State requires the extradition of the same person for the same fact, the State in which the offense was committed shall have preference.

 

  1. In case there are different offenses, the Requested Party shall consider the following circumstances in order to grant preference to a State:

 

a) nationality of the person sought;

b) severity of the crime;

c) date of the presentation of the requests;

d) time and place of the commission of the crime; and

e) possibility of subsequent criminal proceedings or execution of a custodial sentence related to the person sought in the requesting States.

 

 

Article 14

Surrender of the person to be extradited

 

  1. If the Requested Party grants the extradition, the Parties shall promptly agree upon the time, place and any other relevant matter relating to the surrender of the person sought. The Requested Party shall inform the Requesting Party of the length of time for which the person sought was detained for purposes related to the extradition.

 

  1. The due date for surrender of a person is sixty (60) days from the date on which the Requesting Party was notified that the extradition was granted.

 

  1. If the Requesting Party fails to take over the person sought within the period specified in Paragraph 2 of this Article, the Requested Party shall immediately release the person sought and may reject a new extradition request from the Requesting Party referring to the same person and the same crimes, unless Paragraph 4 of this Article stipulates otherwise.

 

  1. If a Party, for reasons beyond its control, cannot surrender or take over a person whose extradition was granted, the Party concerned shall promptly notify the other Party, and they shall agree on a new term for surrender.

 

  1. The time period spent in detention for extradition purposes, including house arrest or other forms of liberty restriction, shall be fully deducted from the overall term of sentence awarded in the Requesting Party in accordance with its national law.

 

 

Article 15

Postponed or temporary surrender

 

  1. If the person whose extradition is granted is being prosecuted or is serving a sentence in the Requested Party for committing a crime other than that for which the extradition is granted, the Requested Party may postpone his or her surrender until the end of the trial or until the full execution of the sentence.

 

  1. Surrender may be also postponed when the transfer may endanger the life of the person sought or worsen the state of his or her health. In this case, the Requested Party shall provide a detailed medical report issued by a competent medical authority as soon as possible.

 

  1. In the cases specified in Paragraphs 1 or 2 of this Article the Requested Party shall immediately notify the Requesting Party on any such postponements and, when the reason of such postponement ceases to exist, the Requested Party shall immediately notify the Requesting Party that the person is available to be surrendered and that the time period foreseen under Paragraph 2 of Article 14 is starting.

 

 

Article 16

Seizure and surrender of property

 

  1. If the Requesting Party so requests, the Requested Party shall, to the extent allowed by its national law, seize objects obtained or used in connection to the crime and any other property that may be found on its territory which could have evidential value and surrender these objects and properties to the Requesting Party if the extradition is granted.

 

  1. The objects and properties mentioned on Paragraph 1 of this Article shall be surrended independently of the carrying out of the agreed extradition.

 

  1. When the said objects and properties are liable to seizure or confiscation in the territory of the Requested Party, this Party may, in connection with pending criminal proceedings, postpone their surrender to the Requesting Party or surrender them temporarily on the condition that they shall be returned by the Requesting Party.

 

  1. In the process of surrendering the enumerated objects and properties, the bona fide right of the third party shall be respected. Should such right exist, the objects and properties surrendered shall be returned to their respective owners or to the Requested Party with no charge after the completion of the criminal proceedings, as soon as possible.

 

 

Article 17

Transit

 

  1. Each Party may, in accordance with its national law, authorize transit through its territory of persons extradited to the other Party by a third State.

 

  1. The Requesting Party shall send a request containing identity information of the person transited and a brief summary on the circumstances of the crime to the Requested Party. The transit request shall be accompanied by a copy of the document confirming the extradition of the person, information on transportation details and on the identity of the escort agents in charge of the person transited.

 

  1. The Requested Party shall keep the transited person in custody in its territory, according to its national law.

 

  1. Transit permission is not required if the transit is carried out by air and no landing is scheduled on the territory of the other Party. If an unscheduled landing occurs on the territory of the other Party, that Party may require the request for transit as provided in Paragraph 1 of this Article. The custody of the extradited person shall be carried out by the competent authorities of the Party of transit.

 

 

Article 18

Costs

 

The Requesting Party shall bear the expenses related to the transportation of the person surrendered. The Requested Party shall bear the costs incurred within its territory from the arrest of the person sought until the moment of his or her surrender.

 

 

Article 19

Compatibility with other arrangements

 

Assistance and procedures set forth in this Treaty shall not prevent either of the Parties from granting assistance to the other Party through the provisions of other international agreements to which it may be a party, customary international law,  or through the provisions of its domestic laws. The Parties may also provide assistance pursuant to any arrangement, agreement or practice which may be applicable between the competent authorities of the Parties.

 

 

Article 20

Evasion

 

If the extradited person evades before the completion of judicial proceedings or custodial sentence in the territory of the Requesting Party and returns to the territory of the Requested Party, he or she will be detained upon request and subsequently surrendered to that Party without any need of further formalities.

 

 

Article 21

Settlement of disputes

 

Any dispute between the Parties concerning the interpretation or application of this Treaty shall be settled amicably and via negotiation through diplomatic channels.

 

 

Article 22

Amendments

 

This Treaty may be amended at any time upon mutual agreement of the Parties in written form. Such an amendment shall enter into force by the same procedure as applicable for the entry into force of this Treaty.

 

 

Article 23

Entry into force

 

  1. This Treaty shall enter into force, for an indefinite period, sixty (60) days after the receipt of the last diplomatic note by means of which a Party notifies  the other about the conclusion of all internal proceedings necessary for the entry into force of the Treaty.

 

  1. Requests made under this Treaty may apply to crimes committed prior to its entry into force.

 

 

Article 24

Termination

 

  1. Either Party may terminate this Treaty by means of a written notice to the other Party, via diplomatic channels.

 

  1. Termination shall take effect six (6) months following the date of receipt of notification.

 

  1. Requests made prior to this written notice, or received during the six (6) month notification period shall be dealt with in accordance with this Treaty.

 

In witness thereof, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

 

Done at           on this day of                                        in 1 Preamble and 24 Articles in duplicate, in Portuguese, Persian and English languages, all of which are equally authentic. In case of any divergence of interpretation, the English text shall prevail.

 

 

 

FOR THE FEDERATIVE REPUBLIC OF BRAZIL

 

 

_____________________________________        

 

FOR THE ISLAMIC REPUBLIC OF IRAN

 

 

_____________________________________


TREATY ON THE TRANSFER OF SENTENCED PERSONS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

 

Preamble

 

The Federative Republic of Brazil

 

and

 

the Islamic Republic of Iran,

hereinafter referred to as “the Parties”;

 

 

 

WILLING to strengthen existing relations between the two States on the basis of the principles of national sovereignty, noninterference in the internal affairs of each Party and protection of mutual interests; and

 

DESIROUS of developing international co-operation in the field of criminal law, and creating the possibility for the nationals of either Party who are deprived of their liberty as a result of their commission of a crime to serve their sentences within their own society;

 

HAVE AGREED AS FOLLOWS:

 

 

Article 1

Definitions

 

For the purpose of this Treaty:

 

  1. “Sentence”: means any punishment or measure involving deprivation of liberty ordered by a court on account of a crime;

 

  1. “Judgement”: means a decision or order by a court imposing a

sentence;

 

  1. “Sentencing Party”: means the Party in which the sentence was imposed on the person;

 

  1. “Administering Party”: means the Party to which the sentenced person:

 

(i) may be, or has been transferred in order to serve his/her sentence, or, for the purpose of Article 14,

 

(ii) has fled to or otherwise returned to in view of the criminal proceedings pending against him/her in the Sentencing Party or following the judgement in order to avoid the execution of the sentence in that Party.

 

  1. “Nationals”: means those who the national legislation of the Parties recognizes as nationals;

 

  1. “Sentenced person”: means a national who has been sentenced by a final judgement of a court of one of the Parties and:

 

(i) is serving his/her sentence in the Sentencing Party; or, for the purpose of Article 14, or

 

(ii) who has fled to or otherwise returned to the Administering Party in view of the criminal proceedings pending against him/her in the Sentencing Party or following the judgement in order to avoid the execution of the sentence in that Party.

 

  1. “Legal representative” a person authorized by the legalization of any Party to act in its respective bodies in the interests or on behalf of the sentenced person.

 

 

Article 2

General principles

 

  1. The Parties undertake to afford each other the widest measure of cooperation in respect of the transfer of sentenced persons and the execution of sentences imposed by judgements in accordance with the provisions of this Treaty.

 

  1. A person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of this Treaty, in order to serve the sentence imposed on him/her. To that end, he/she may express his/her interest to the Sentencing Party or to the Administering Party in being transferred under this Treaty.

 

  1. Transfer may be requested by either the Sentencing Party or the Administering Party.

 

 

Article 3

Central authorities and means of communication

 

  1. For the purposes of this Treaty, Central Authorities shall be designated by each of the Parties.

 

  1. For the Islamic Republic of Iran, the Central Authority shall be the Ministry of Justice.

 

  1. For the Federative Republic of Brazil, the Central Authority shall be the Ministry of Justice and Public Security, that may also act as the transmittal authority.

 

  1. The Central Authorities shall communicate with one another for the purposes of this Treaty through diplomatic channels.

 

  1. In emergency situations, the requests may be transmitted directly between the Central Authorities of the Parties, but shall be confirmed immediately through diplomatic channels, in writing.

 

  1. The Parties may at any time inform any changes in the designation of the Central Authority and/or transmittal authority and its functions for the purposes of this Treaty. Notification of such a designation shall take place by the exchange of diplomatic notes.

 

  1. The Central Authorities shall ensure celerity and effectiveness of cooperation under this Treaty.

 

  1. Any documents or other materials transmitted through Central Authorities which are related to this Treaty shall be exempt from certification or authentication.

 

 

Article 4

Conditions for transfer

 

  1. The sentenced person may be transferred under this Treaty only on the following conditions:

 

a) if he/she is a national of the Administering Party;

b) if the judgement is final and enforceable;

c) if, at the time of receipt of the request for transfer, there remains still at least one year of the sentence to be served;

d) if the acts or omissions on account of which the sentence has been imposed constitute a crime according to the law of the Administering Party or would constitute a crime if committed on its territory;

e) if the sentenced person consents to the transfer, except as provided for in Article 14, paragraph 2; and

f) if the Sentencing and Administering Parties agree to the transfer.

 

  1. In exceptional cases, the Sentencing and the Administering Parties may agree to a transfer even if the time still to be served by the sentenced person is less than that specified in paragraph 1.c of this Article.

 

 

Article 5

Obligation to furnish information

 

  1. A sentenced person to whom this Treaty may apply shall be explained the substance of this Treaty by the Sentencing and the Administering Parties.

 

  1. If the sentenced person has expressed an interest to the Sentencing Party in being transferred under this Treaty, that Party shall so inform the Administering Party as soon as practicable after the judgement has become final and enforceable.

 

  1. The notification shall include the following information:

                                    

a) the full name, date and place of birth of the sentenced person;

 

b) his/her address, if any, in the Administering Party, and addresses of his/her family or his/her close relatives, if any;

 

c) a statement of facts upon which the sentence was based;

 

d) the nature, duration and date of commencement of the sentence.

 

  1. If the sentenced person has expressed his/her interest to the Administering Party in being transferred under this Treaty, the Sentencing Party shall, upon request, communicate to that Party the information referred to in paragraph 3 of this Article.

 

  1. The sentenced person shall be informed, in writing, of any action taken by the Sentencing or the Administering Party under the preceding paragraphs, as well as of any decision taken by either Party on a request for transfer.

 

 

Article 6

Requests and replies

 

  1. Requests under this Treaty and the replies thereto shall be made in writing.

 

  1. Where agreed upon between the Parties, electronic means of communication may be used under conditions allowing the receiving Party to establish its authenticity and provided that they leave a written record.

 

  1. The Requested Party shall inform the Requesting Party promptly of its decision whether or not to agree to the requested transfer.

 

 

Article 7

Supporting documents

 

  1. The Administering Party, if requested by the Sentencing Party, shall furnish it with:

 

a) a document or statement indicating that the sentenced person is a national of that Party, according to the definition of Article 1(e);

b) a copy of the relevant law of the Administering Party which provides that the acts or omissions on account of which the sentence has been imposed in the Sentencing Party constitute a crime according to the law of the Administering Party, or would constitute a crime if committed in its territory.

 

  1. If a transfer is requested, the Sentencing Party shall provide the following documents to the Administering Party, unless either Party has already indicated that it shall not agree to the transfer:

a) a copy of the judgement;

b) the text of law on which the sentence is based;

c) a statement indicating how much of the sentence has already been served,

including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the sentence;

d) a document, of whatever nature, containing the express consent of the sentenced person or of his/her legal representative if the person is a minor or if his/her mental or physical condition requires a representative;

e) where appropriate, any medical or social reports on the sentenced person, information about his/her behavior during detention and his/her treatment in the Sentencing Party, and any recommendation for his/her further treatment in the Administering Party;

f) the applicable provisions on possible early or conditional release or any decision on such release related to the execution of the judgement referred to in paragraph 2(a) of this Article.

 

  1. Either Party may ask to be provided with any of the documents referred to in paragraphs 1 or 2 of this Article before making a request for transfer or taking a decision on whether or not to agree to the transfer.

 

 

Article 8

Effect of transfer for the sentencing party

 

  1. The actual taking into charge of the sentenced person by the authorities of the Administering Party shall have the effect of suspending the enforcement of the sentence in the Sentencing Party.

 

  1. The Sentencing Party may no longer enforce the sentence if the Administering Party considers enforcement of the sentence to have been completed.

 

 

Article 9

Effects of transfer for the administering party

 

  1. The continued enforcement of a transferred person’s sentence shall be carried out according to the laws and administrative or judicial procedures of the Administering Party. The Administering Party may, when deciding on early or conditional release, take into account the provisions or decisions referred to in Article 6, paragraph 2, point (e).

 

  1. The Administering Party shall be bound by the legal nature and duration of the sentence as determined by the Sentencing Party. No prisoner shall be transferred unless the sentence is of a duration, or has been adapted to a duration by the competent authorities in the Administering Party, that it is enforceable in the Administering Party. The Administering Party shall not aggravate, by its nature or duration, the sanction imposed in the Sentencing Party.

 

 

Article 10

Review of judgment

 

The Sentencing Party alone shall have the right to decide on any application for review of the judgement.

 

 

Article 11

Termination of enforcement

 

The Administering Party shall terminate enforcement of the sentence as soon as it is informed by the Sentencing Party of any decision or measure as a result of which the sentence ceases to be enforceable.

 

 

Article 12

Pardon, amnesty, parole, commutation of sentence

 

Either Party may grant pardon, amnesty, parole and commutation of sentence in accordance with its laws.

 

 

Article 13

Information on enforcement

 

The Administering Party shall provide information to the Sentencing Party concerning the enforcement of the sentence:

 

a) when it considers enforcement of the sentence to have been completed in full;

 

b) if the sentenced person has escaped from custody, died or received pardon, amnesty, parole or commutation before the enforcement of the sentence has been completed; or

 

c) if the Sentencing Party requests a special report.

 

 

Article 14

Mechanism for transfer

 

  1. The Administering Party shall be responsible for the custody and the transport of the sentenced person from the Sentencing Party. For that purpose the competent authorities of the Parties shall determine the date and place of the transfer.

 

  1. At the time the sentenced person is handed over, the competent authorities of the Sentencing Party shall provide the authorities of the Administering Party who take charge of the sentenced person with a document, indicating the actual time the prisoner has spent in detention in the Sentencing Party and, where appropriate, the time deducted from his/her sentence and the reasons thereof.

 

 

Article 15

Transit

 

  1. Each Party may, in accordance with its national law, upon request, authorize transit through its territory of persons transferred to the other Party by a third State.

 

  1. The Requesting Party shall send a request containing identity information of the person transited and information regarding the date, transportation details and escort agents. The Requested Party shall refuse to grant transit if the sentenced person is one of its own nationals.

 

  1. The Requested Party shall keep the transited person in custody in its territory, according to its national law.

 

  1. Transit permission is not required if the transit is carried out by air and no landing is scheduled on the territory of the other Party. If an unscheduled landing occurs on the territory of the other Party, that Party may require the request for transit as provided in Paragraph 1 of this Article. The custody of the transferred person shall be carried out by the competent authorities of the Party of transit.

 

 

Article 16

Language

 

Requests shall be submitted in the language of the Requesting Party, accompanied by a translation into the official language of the Requested Party or, when mutually consented, in English, unless otherwise agreed.

 

 

Article 17

Costs

 

Any costs incurred in the application of the Treaty shall be borne by the Administering Party, except costs incurred exclusively in the territory of the Sentencing Party.

 

 

Article 18

Exemption from certification and authentication

 

All the documents transmitted through the channel stipulated in Article 2 of this Treaty shall not require any form of certification or authentication.

 

 

Article 19

Transfer of the execution of the sentence

 

  1. The Parties may, on a case by case basis, agree that where a national of the Administering Party who is the subject of a sentence imposed in the territory of the Sentencing Party has fled to or otherwise returned to the Administering Party in view of the criminal proceedings pending against him/her in the Sentencing Party or following the judgement in order to avoid the execution or further execution of the sentence in the Sentencing Party, the Sentencing Party may request the Administering Party to take over the execution of the sentence.

 

  1. To the transfer of the execution of the sentence imposed by a judgement, envisaged in paragraph 1 of this Article, the provisions of this Treaty shall apply mutatis mutandis. However, the consent of the sentenced person, referred to in Article 3, paragraph 1, point (e), shall not be required.

 

  1. If required by the domestic law of the Administering Party, the transfer of the execution of the sentence may be subject to recognition of the judgement by its competent court, prior to the Administering Party’s agreement to the transfer of the execution of the sentence.

 

  1. The Administering Party, may at a request of the Sentencing Party and to the extent not contrary to its domestic laws, prior to the arrival of the documents supporting the request for the transfer of the execution of the sentence, or prior to the decision on that request, arrest the sentenced person, or take any other measure to ensure that the sentenced person remains in its territory, pending a decision on the request to transfer the execution of the sentence. Requests for provisional measures shall include the information mentioned in Article 4, paragraph 3. The penal position of the sentenced person shall not be aggravated as a result of any period spent in custody by reason of this paragraph.

 

 

Article 20

Compatibility with other arrangements

 

Assistance and procedures set forth in this Treaty shall not prevent either of the Parties from granting assistance to the other Party through the provisions of other international agreements to which it may be a party, customary international law,  or through the provisions of its domestic laws. The Parties may also provide assistance pursuant to any arrangement, agreement or practice which may be applicable between the competent authorities of the Parties.

 

 

Article 21

Settlement of disputes

 

Any dispute between the Parties concerning the interpretation or application of this Treaty shall be settled amicably and via negotiation through diplomatic channels.

 

 

Article 22

Amendments

 

This Treaty may be amended at any time upon mutual agreement of the Parties in written form. Such an amendment shall enter into force by the same procedure as applicable for the entry into force of this Treaty.

 

Article 23

Entry into force

 

  1. This Treaty shall enter into force, for an indefinite period, sixty (60) days after the receipt of the last diplomatic note by means of which a Party notifies the other about the conclusion of all internal proceedings necessary for the entry into force of the Treaty.

 

  1. Requests made under this Treaty may apply to crimes committed prior to its entry into force.

 

 

Article 24

Termination

 

  1. Either Party may terminate this Treaty by means of a written notice to the other Party sent through the diplomatic channel.

 

  1. Termination shall take effect six (6) months following the date of receipt of the notification.

 

  1. Requests made prior to this written notice, or received during the six (6) month notification period shall be dealt with in accordance with this Treaty.

 

In witness thereof, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

 

Done at Brasília on this day of the 10th of April 2018, corresponding to the 21 of the Farvardin 1397, in 1 Preamble and 24 articles, in duplicate, in Portuguese, Persian and English languages, all of which are equally authentic.  In case of any divergence of interpretation, the English text shall prevail.

 

 

 

FOR THE FEDERATIVE REPUBLIC OF BRAZIL

 

 

 

 

_____________________________________        

 

 

FOR THE ISLAMIC REPUBLIC OF IRAN

 

 

 

 

______________________________________

 


TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

 

Preamble

 

The Federative Republic of Brazil

 

and

 

the Islamic Republic of Iran

(hereinafter referred to as “the Parties”);

 

willing to strengthen existing relations between the two States; and

 

interested in improving the effectiveness in the investigation and prosecution of crime, and to combat crime in a more effective way as a means of protecting their respective common values;

 

recognizing the particular importance of combating serious criminal activities including corruption money laundering, the illicit trafficking in persons, drugs, terrorism and the financing of terrorism;

 

recognizing further the importance of assets recovery as an efficient instrument in the combat against crime, including corruption, money laundering, illicit traffic of people, smuggling of migrants, drugs, terrorism and terrorism financing;

 

having due regard for human rights and the rule of law;

 

mindful of the guarantees under their respective legal systems which provide an accused person with the right to a fair trial, including the right to adjudication by an impartial tribunal established pursuant to law;

 

desiring to conclude a Treaty relating to mutual legal assistance in criminal matters on the basis of the principles of national sovereignty, non-interference in the internal affairs of each party and protection of mutual interests;

 

         have agreed as follows:

 

Article 1

Scope of Assistance

 

  1. The Parties shall provide mutual legal assistance, in accordance with the provisions of this Treaty, for the purpose of proceedings related to criminal matters, including any measure taken in connection with the investigation or prosecution of crime and provisional measures referring to proceeds or instrumentalities of crime, such as the restraint, seizure or confiscation, and also the disposal and return of assets.

 

  1. Assistance shall include:

 

  1. a) service of process and summons;

 

  1. b) taking the testimony or statements of persons;

 

  1. c) transferring persons in custody for the purposes of this Treaty;

 

  1. d) executing requests for search and seizure;

 

  1. e) providing documents, records, and other evidentiary material;

 

  1. f) expert evaluations of persons, objects and sites;

 

  1. g) obtaining and providing expert evaluations;

 

  1. h) locating or identifying persons;

 

  1. i) identifying, tracing, provisional measures including restraining, seizing, confiscating and forfeiture of proceeds and instrumentalities of crime and assistance in related proceedings;

 

  1. j) return of assets;

 

  1. k) assets sharing;

 

  1. l) any other assistance which is not prohibited by the laws of the Parties.

 

  1. Where a request is made for search and seizure of evidence, restraint or confiscation of proceeds or instrumentalities of crime, the Requested Party may, at its discretion, render assistance, in accordance with its domestic law.

 

  1. For the purposes of this Treaty, competent authorities entitled to seek mutual legal assistance are those who have the power to act in administrative or judicial procedures concerning the perpetration of a criminal activity, as provided in the domestic law of the Requesting Party. In all cases, all such requests shall be transmitted in the manner specified in Article 2 of this Treaty.

 

 

Article 2

Central Authorities and Manner of Communication

 

  1. Central Authorities shall be designated by the Parties.

 

  1. For Islamic Republic of Iran, the Central Authority shall be the Ministry of Justice.

 

  1. For the Federative Republic of Brazil, the Central Authority shall be the Ministry of Justice, which may also act as the transmittal authority.

 

  1. The Central Authorities shall communicate with one another for the purposes of this Treaty through diplomatic channels

 

  1. In emergency situations, the requests may be transmitted directly between the Central Authorities of the Parties, but shall be confirmed immediately through diplomatic channels, in writing.

 

  1. The Parties may at any time inform any changes in the designation of the Central Authority and/or transmittal authority and its functions for the purposes of this Treaty. Notification of such designation shall take place by exchange of diplomatic notes.

 

  1. The Central Authorities shall ensure celerity and effectiveness to the mutual legal assistance, under this Treaty.

 

 

Article 3

Refusal of Assistance

 

  1. The assistance may be refused if:

 

  1. a) the execution of the request would impair the sovereignty, public order or other essential interests of the Requested Party;

 

  1. b) the criminal activity is regarded as being of a political nature;

 

  1. c) there are substantial grounds to believe the request has been made for the purpose of prosecuting a person on account of ethnic origin, gender, religion, nationality or political view;

 

  1. d) the request has been issued at the request of an extraordinary or non-permanent tribunal;

 

  1. e) the request relates to a person who has already been prosecuted in the Requested Party for the same crime which is referred to in the request for assistance;

 

  1. f) the request relates to a crime that is regarded by the Requested Party as a crime under military law, which is not also a crime under ordinary criminal law.

 

  1. For the purpose of this Treaty, the followings shall not be considered as crimes of political nature:

 

  1. a) a crime against the life or person of the Head of State or the Head of Government or member(s) of their immediate family;

 

  1. b) a crime under any international convention to which the Parties have the obligation by virtue of becoming a State Party thereto, to either extradite or prosecute the person sought or submit the case without undue delay to their competent authorities for the purpose of prosecution;

 

  1. c) a crime related to terrorism or to the financing of terrorism;

 

  1. d) an attempt or conspiracy to commit any of the foregoing crime or participation as an accomplice of a person who commits or attempts to commit such a crime;

 

  1. e) serious crimes against the life, corporal integrity, honour or property, even if politically motivated.

 

  1. Before refusing assistance pursuant to this Article, the Parties shall consult to consider whether assistance may be given subject to such conditions as it deems necessary. If the Requesting Party accepts assistance subject to these conditions, it shall comply with the conditions.

 

  1. If the Requested Party refuses assistance, it shall inform the Requesting Party of the reasons for refusal.

 

 

Article 4

Provisional Measures

 

Upon request by the Requesting Party, the competent authority of the Requested Party shall implement provisional measures in order to preserve an existing situation, to safeguard threatened legal interests or to preserve evidence.

 

 

Article 5

Limitations on Use

 

  1. The Requested Party shall, upon request by the Requesting Party, keep under seal any information which might indicate that a request has been made or responded to. If the request may not be executed without breaching secrecy, the Requested Party shall consult with the Requesting Party whether it is still interested in the execution of the request.

 

  1. The Requesting Party shall request prior consent from the Requested Party to use or disclose information or evidence obtained by means of assistance for purposes other than those stated in the request.

 

  1. Information or evidence obtained by means of assistance which has been disclosed may thereafter be used for any purpose. The Requested Party may determine that the information and evidence be used in a diverse manner.

 

  1. Nothing in this Article shall preclude the use or disclosure of information to the extent that there is an obligation to do so under the laws of the Requesting Party in criminal proceedings. The Requesting Party shall notify the Requested Party in advance of any such disclosure.

 

 

Article 6

Service of Process or Summons

 

  1. The Requested Party shall do their best in order to execute service of process requested by the Requesting Party pursuant to this Treaty. The provision in this paragraph also applies to any summons or other process requiring the appearance of any person before any authority or court in the territory of the Requesting Party.

 

  1. The Central Authority of the Requesting Party shall transmit any request for the service of process which requires the appearance of a person before an authority in the Requesting Party within a reasonable time before the scheduled appearance.

 

  1. The Requested Party shall return a proof of service, whenever possible, in the manner specified in the request.

 

 

Article 7

Taking Testimony and Producing Evidence in the Requested Party

 

  1. A person from whom evidence is requested in the territory of the Requested Party may be compelled to appear in order to testify or produce documents, records, or articles of evidence by summons or such other method as may be permitted under the law of the Requested Party.

 

  1. If the person summoned asserts a claim of immunity, incapacity or privilege under the laws of the Requesting Party, the evidence shall nonetheless be taken and the claim be made known to the Requesting Party for resolution by the authorities of that Party.

 

  1. Upon request, the Requested Party shall furnish information in advance about the date and place of the taking of the evidence pursuant to this Article.

 

  1. The Requested Party may permit the presence of such persons as specified in the request during the execution of the request, and may, pursuant to its legislation, allow such persons to present questions.

 

Article 8

Taking Testimony in the Requesting Party

 

  1. The Requesting Party may request the appearance of a person in its territory for the purpose of giving evidence, being identified or assisting any proceedings.

 

  1. The person who has failed to answer a summons to appear shall not be subjected to any punishment or measure of restraint even if the summons contains a notice of penalty, unless subsequently he/she voluntarily enters the territory of the Requesting Party and is there again duly summoned.

 

  1. The Requested Party shall:

 

  1. a) ask a person whose voluntary appearance in the territory of the Requesting Party is desired whether he agrees to appear; and

 

  1. b) promptly inform the Requesting Party of his/her answer.

 

 

 

Article 9

Protection of Experts, Witnesses and Victims

 

  1. Each Party shall, upon request of the other Party, in accordance with its domestic law, provide effective protection from potential retaliation or intimidation for witnesses and experts and, as appropriate, for their relatives and other persons close to them.

 

  1. The measures envisaged in paragraph 1 of this Article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:

 

  1. a) Establishing procedures for the protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;

 

  1. b) Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means.

 

  1. The provisions of this article shall also apply to victims insofar as they are witnesses.

 

 

Article 10

Temporary Transfer of Persons in Custody

 

  1. The Requested Party shall authorize the temporary transfer to the Requesting Party of a person in custody as long as the person agrees.

 

  1. For the purposes of this Article:

 

  1. a) the Requesting Party shall be responsible for the safety of the person transferred and shall have the obligation to keep the person in custody;

 

  1. b) the Requesting Party shall return the person transferred to the custody of the Requested Party as soon as the requested measures are executed. The return shall take place no later than the date upon which he/she would have been released from custody in the territory of the Requested Party;

 

  1. c) the Requesting Party shall not request the Requested Party to initiate extradition proceedings of the person transferred during the period when he/she is in its territory;

 

  1. d) the period of custody in the territory of the Requested Party shall be deducted from the period of detention, which the person concerned is or will be obliged to undergo in the territory of the Requesting Party;

 

  1. e) the person under custody shall not have a coercive measure or penalty if not on consent with the provisional transfer.

 

 

Article 11

Safe Conduct

 

  1. The person who is in the Requesting Party, owing to a request for assistance:

 

  1. a) shall not be detained, prosecuted, punished or subject to any other restriction of personal liberty for any acts or omissions which preceded that person’s entry into the territory of the Requested Party;

 

  1. b) shall not be obliged to give evidence or to assist in any investigation, or proceedings other than that to which the request relates.

 

  1. Paragraph 1 of this Article shall cease to apply if the person referred therein:

 

  1. a) being free to leave, has not left the territory of the Requesting Party within fifteen (15) days after that person has been officially notified that his/her presence is no longer required; or

 

  1. b) has voluntarily returned to the Requesting Party after having left.

 

 

Article 12

Video-conference Hearing

 

  1. The Requesting Party may request that the hearing may take place by means of video conference.

 

  1. The Requested Party shall agree or not with the video-conference hearing.

 

  1. The request for video-conference hearing shall include, in addition to the information mentioned in Article 22, the name of the authorities and other people who will take part in the hearing.

 

  1. The Requested Party shall summon the person to be heard in accordance with its domestic law.

 

  1. The following rules shall apply to video-conference hearings:

 

  1. a) the hearing shall take place in the presence of the competent authority from the Requested Party, who will be assisted by an interpreter if necessary. This authority shall also be responsible for the identification of the person to be heard and for the respect of the due process of law. In case the competent authority of the Requested Party decides that the due process of law is not being respected during the hearing, he/she shall promptly take the necessary measures to ensure the adequate continuance of the hearing;

 

  1. b) the hearing shall be conducted by the competent authority of the Requesting Party or under his/her orders, in accordance with its domestic law;

 

  1. c) upon request by the Requesting Party or the person to be heard, the Requested Party shall arrange for this person to be assisted by an interpreter;

 

  1. d) the person to be heard shall claim the right to remain silent if such right is recognized under the law of the Requested or the Requesting Party.

 

  1. The competent authority of the Requested Party shall, after the end of the hearing, write a report including:

 

  1. a) the date and venue of the hearing with the signature of the people who attended the hearing;

 

  1. b) the identity of the person heard;

 

  1. c) the identity and description of the other people in the Requested Party who participated in the hearing;

 

  1. d) the commitment or oath taken; and

 

  1. e) the technical conditions under which the hearing took place.

 

  1. The document to which the previous paragraph refers shall be transmitted by Requested Party to the Requesting Party.

 

  1. The Requested Party shall take the appropriate measures for its domestic law to be applied the same way it would if it were a national proceeding, when the witness or expert is heard in its territory, pursuant to this Article, and:

 

  1. a) refuses to testify if they are compelled to do so; or

 

  1. b) provides false statement.

 

  1. The Parties may apply the provisions of this Article to the video-conference hearings in which a defendant or an individual under investigation in a criminal proceeding takes part. In this case, the Parties shall consult with each other and decide on holding and carrying out the video-conference in conformity with their domestic laws and the appropriate international instruments in force. The hearings in which the defendant or the individual under investigation in a criminal proceeding takes part can only take place upon their consent.

 

Article 13

Search and Seizure

 

  1. The Requested Party shall execute, in accordance with its domestic laws, a request for the search, seizure and delivery of any article to the Requesting Party if the request includes the information justifying such measure.

 

  1. The Parties may request a document to certify the continuity of custody, the identity of the article and the integrity of its condition.

 

  1. The Requested Party may require consent from the Requesting Party to the terms and conditions which the Requested Party may deem necessary to protect the interests of third-party bona fide in the item to be transferred.

 

 

Article 14

Official Records

 

  1. Upon request, the Requested Party shall provide the Requesting Party with copies of publicly available records, including documents or information in any form, in the possession of authorities in the Requested Party.

 

  1. The Requested Party may, at its discretion and upon request, provide copies of any records, including documents or information in any form, which are in the possession of authorities in that Party, but which are not publicly available, to the same extent and under the same conditions as such copies would be available to its own law enforcement or judicial authorities.

 

 

Article 15

Return of Documents and Articles

 

The Requesting Party shall return any documents or articles furnished to it in the execution of a request made according to the provisions of this Treaty as soon as it is practicable unless the Requested Party waives the return of the documents or articles.

 

 

Article 16

Assistance in Confiscation Proceedings

 

  1. The Parties shall assist each other in proceedings involving the identification, tracing, provisional measures, such as restraint, seizure and confiscation of the proceeds and instrumentalities of crime in accordance with the domestic laws of the Requested Party.

 

  1. If one Party becomes aware that proceeds or instrumentalities of crime are located in the territory of the other Party and may be liable to provisional measures, such as restraint, seizure or confiscation under the laws of that Party, it may so inform the other Party.

 

  1. If the Party so informed has jurisdiction over the issue, it will determine whether any action is appropriate and will decide it in accordance with its domestic laws, and it shall ensure that the other Party will be aware of the action to be taken.

 

 

Article 17

Return of Assets

 

  1. Where a conviction has been obtained in the Requesting Party, the assets which have been seized by the Requested Party may be returned to the Requesting Party for the purpose of confiscation or taking other appropriate measures, in accordance with the domestic laws of the Requested Party.

 

  1. The rights claimed by bona-fide third parties or identifiable victims over these assets shall be respected.

 

 

Article 18

Return of Embezzled Public Funds

 

  1. When the Requested Party seizes or confiscates assets that constitute public funds, whether or not these have been laundered, and that have been embezzled from the Requesting Party, the Requested Party shall return the seized or confiscated assets, less any reasonable costs of recovery, if appropriate, to the Requesting Party.

 

  1. The return shall occur, as a general rule, based on a final judgment in the Requesting Party; however, the Requested Party may return the assets before the conclusion of the proceedings, in accordance with its domestic laws.

 

 

Article 19

Requests for Asset Sharing

 

  1. The Parties shall grant priority to the return of assets and proceeds of crime provided for in Articles 15 to 18 of this Treaty. However, within the limits of their domestic laws, they may consent to assets sharing in accordance with the provisions of this Treaty on a case by case basis.

 

  1. A request for asset sharing shall be made within one year from the date of entry of the final order of confiscation, unless otherwise agreed between the Parties in exceptional cases.

 

  1. The Requested Party, on receipt of a request for asset sharing made in accordance with the provisions of this Article, shall:

 

  1. a) consider whether to share assets as set out in this Article; and

 

  1. b) inform the Party making the request of the outcome of that consideration.

 

  1. In appropriate cases where there are bona fide third parties or identifiable victims, consideration of the rights of bona fide third parties or victims shall take precedence over asset sharing between the Parties.

 

 

Article 20

Sharing of Assets

 

  1. Where a Party proposes to share assets with the other Party, it shall:

 

  1. a) determine, by means of mutual consent and in accordance with its domestic laws, the proportion of the assets to be shared; and

 

  1. b) transfer a sum equivalent to that proportion in accordance with Article 21.

 

  1. The Parties agree that it may not be appropriate to share where the value of the realized assets or the assistance rendered by the Requesting Party is de minimis.

 

Article 21

Payment of Shared Assets

 

  1. Unless otherwise mutually agreed by the Parties, any sum transferred pursuant to Article 20(1)(b) shall be paid:

 

  1. a) in the currency of the Requested Party, and

 

  1. b) by means of an electronic transfer of funds or check.

 

  1. Payment of any such sum shall be made to the pertinent office or account designated by the Requesting Party.

 

 

Article 22

Imposition of conditions

 

Unless otherwise mutually agreed by the Parties, the Requested Party shall not impose on the Requesting Party any conditions as to the use of that sum which is transferred pursuant to Article 20(1)(b) above. In particular it shall not require the Requesting Party to share the sum with any other State, organization or individual.

 

 

Article 23

Form and Contents of Requests

 

  1. A request for assistance shall be in writing unless, under urgent situations, the Requested Party accepts other forms of requests. In any such exceptional case, the request shall be confirmed by the submission of the original and signed request in writing within fifteen (15) days thereafter, unless the Central Authority of the Requested Party agrees otherwise. The executed measures shall be revoked if the Requesting Party fails to submit the request for assistance within the deadline determined in this paragraph.

 

  1. The request shall include the following:

 

  1. a) the name and the position of the authority conducting the proceedings to which the request relates;

 

  1. b) a description of the subject matter and nature of the investigation, prosecution, or other proceedings, including the provisions of laws applicable to the case to which the request relates;

 

  1. c) a summary of the information giving rise to the request;

 

  1. d) a description of the evidence or other assistance sought; and

 

  1. e) the purpose for which the evidence or other assistance is sought.

 

  1. To the extent necessary and possible, a request shall also include:

 

  1. a) the identity, date and place of birth and location of any person from whom evidence is sought;

 

  1. b) the identity, date and place of birth and location of a person to be served, that person's relationship to the proceedings, and the manner in which the service is to be made;

 

  1. c) available information on the identity and whereabouts of a person to be located;

 

  1. d) a precise description of the place to be searched and of the articles to be seized;

 

  1. e) a description of the manner in which any testimony or statement is to be taken and recorded;

 

  1. f) a list of questions to be asked of a witness or expert;

 

  1. g) a description of any particular procedures to be followed in executing the request;

 

  1. h) information as to the allowances and expenses to which a person asked to appear in the territory of the Requesting Party will be entitled;

 

  1. i) any other information which may be brought to the attention of the Requested Party to facilitate its execution of the request; and

 

  1. j) any requirements for confidentiality.

 

  1. The Requested Party may ask the Requesting Party to provide any further information, which appears to the Requested Party to be necessary for the purpose of executing the request.

 

 

Article 24

Language

 

Requests shall be submitted in the language of the Requesting Party, accompanied by a translation into the official language of the Requested Party, or, when mutually consented, in English, unless otherwise agreed.

 

Article 25

Execution of Requests

 

  1. The Requested Party shall promptly execute the request or, when appropriate, shall transmit it to the officials having authority to do so. The competent officials of the Requested Party shall do everything in their power to execute the request. The Courts of the Requested Party shall have authority to issue summonses, search warrants, or other orders necessary to execute the request.

 

  1. Requests for assistance shall be executed in accordance with the laws of the Requested Party, unless otherwise provided for in this Treaty.

 

  1. The Requested Party shall comply with the formalities and procedures expressly indicated by the Requesting Party unless otherwise provided for in this Treaty, and provided that such formalities and procedures are not contrary to the domestic law of the Requested Party.

 

  1. If the Central Authority of the Requested Party determines that execution of the request would interfere with ongoing proceedings or prejudice the safety of any person in the territory of the Requested Party, it may:

 

  1. a) determine that the execution of the request be postponed; or

 

  1. b) consult with the Requesting party about the possibility to execute the request subject to conditions deemed necessary, which, if accepted, shall be complied with by the Requesting Party.

 

  1. The Requested Party may facilitate the participation in the execution of the request of such persons as are specified in the request.

 

  1. The Requested Party may ask the Requesting Party to provide information in such form as may be necessary to enable it to execute the request.

 

  1. The Requested Party may undertake any steps which may be necessary under the laws of the Requested Party in order to give effect to the request received from the Requesting Party.

 

  1. The Requested Party shall answer any reasonable consultation made by the Requesting Party concerning the proceeding of the execution of the request.

 

  1. The Requested Party shall inform the Requesting Party promptly of any circumstances which make it inappropriate to proceed with the execution of the request or which require modification of the action requested.

 

  1. The Requested Party shall promptly inform the Requesting Party of the outcome of the execution of the request.

 

 

Article 26

Spontaneous information

 

  1. Either of the Parties may, without prior request, forward information to the other Party, when they consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under this Treaty.

 

  1. The providing Party may, pursuant to its domestic law, impose conditions on the use of such information by the receiving Party. The receiving Party shall be bound by those conditions.

 

 

 

Article 27

Certification and Authentication

 

All documents transmitted through the channel stipulated in Article 2 of this Treaty shall not require any form of certification or authentication.

 

Article 28

Costs

 

  1. The Requested Party shall pay all costs relating to the execution of the request, except for the following:

 

  1. a) fees to experts and allowances to witnesses;

 

  1. b) the costs of establishing and operating video-conferencing or television links, and the interpretation of such proceedings;

 

  1. c) the costs of transferring persons in custody pursuant to Article 10;

 

  1. d) Such fees, costs, allowances, and expenses shall be paid by the Requesting Party, including translation, transcription and interpretation services where these have been requested.

 

  1. If the Requested Party notifies the Requesting Party that execution of the request might require costs or other resources of an extraordinary nature, or if it otherwise requests, they shall consult with a view to reaching agreement on the conditions under which the request shall be executed and the manner in which costs shall be allocated.

 

Article 29

Compatibility with Other Arrangements

 

Assistance and procedures set forth in this Treaty shall not prevent either of the Parties from granting assistance to the other Party through the provisions of other international agreements to which it may be a party, customary international law,  or through the provisions of its domestic laws. The Parties may also provide assistance pursuant to any arrangement, agreement or practice which may be applicable between the law enforcement agencies of the Parties.

 

Article 30

Settlement of Disputes

 

Any dispute between the Parties concerning the interpretation or application of this Treaty shall be settled amicably and via negotiation through diplomatic channels.

 

Article 31

Amendments

 

This Treaty may be amended at any time upon mutual agreement of the Parties in written form. Such an amendment shall enter into force by the same procedure as applicable for the entry into force of this Treaty.

 

Article 32

Entry into Force

 

  1. This Treaty shall enter into force for an indefinite period sixty (60) days after the receipt of the last diplomatic note by means of which a Party notifies the other about the conclusion of all internal proceedings necessary for the entry into force of the Treaty.

 

  1. Requests made under this Treaty may apply to crimes committed prior to its entry into force.

 

 

Article 33

Termination

 

  1. Either Party may terminate this Treaty by means of a written notice to the other Party sent through diplomatic channels.

 

  1. Termination shall take effect six (6) months following the date of the receipt of the notification.

 

  1. Requests made prior to this written notice, or received during the six (6) month notification period shall be dealt with in accordance with this Treaty.

 

 

In witness thereof, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

 

 

Done at Brasília on this day of the 10th of April 2018, corresponding to the 21 of Farvardin 1397 in 1 Preamble and 33 Articles in duplicate, in Portuguese, Persian and English languages, all of which are equally authentic. In case of any divergence of interpretation, the English shall prevail.

 

 

 

FOR THE FEDERATIVE REPUBLIC OF BRAZIL

 

 

 

 

 

 

______________________________ 

 

 

FOR THE ISLAMIC REPUBLIC OF IRAN

 

 

 

 

 

 

______________________________


TREATY ON MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE ISLAMIC REPUBLIC OF IRAN

 

Preamble

 

The Federative Republic of Brazil

 

and

 

the Islamic Republic of Iran

(hereinafter referred to as “the Parties”),

 

desiring to strengthen existing relations between the two States; and

 

resolved to establish a uniform and effective framework for mutual legal assistance in civil matters, on the basis of the principles of national sovereignty, non-interference in the internal affairs of each Party and protection of mutual interests;

 

have agreed as follows:

 

 

Article 1

Scope of Application

 

The Parties agree to provide each other with the widest measures of mutual legal assistance in civil matters, which involve civil, corporate, labor, and administrative law, as well as criminal sentences which seek compensation for damages in the civil courts. 

 

 

Article 2

Scope of Mutual Legal Assistance

 

  1. The Parties, pursuant to the provisions of this Treaty, seek to promote measures to execute the requests for mutual legal assistance which include, among others:

 

  1. a) service of process, such as summonses and notices;

 

  1. b) gathering and transmission of evidence, including expert evidence;

 

  1. c) obtaining and executing provisional measures, such as the order for restraint, seizure, confiscation and forfeiture of assets, rights and valuables;

 

  1. d) obtaining and executing measures of execution, such as the seizure of assets and salaries, lien on assets and revenues, and the payment of maintenance obligations;

 

  1. e) sharing and return of assets;

 

  1. f) protection of defendants and witnesses;

 

  1. g) holding hearings;

 

  1. h) obtaining of information referring to its laws, regulations and court orders;

 

  1. i) review of maintenance obligations amounts determined in a previous order;

 

  1. j) rendering any other form of mutual legal assistance which is not prohibited by the laws of the Parties.

 

  1. In case of requests for assistance related to proceedings in which maintenance obligation is sought, even when they refer to the service of process or notice of the defendant:

 

  1. a) The physical presence of the child or custodial parent shall not be required;

 

  1. b) This Treaty shall not apply in case there is a court decision within the jurisdiction of the Requested Party which acknowledges that the child for whom maintenance obligation is sought has been wrongfully removed from the country.

 

 

Article 3

Contents of the Requests

 

  1. The request for mutual legal assistance shall include:

 

  1. a) the designation of the requesting authority;

 

  1. b) a detailed description of the requested assistance and its purpose;

 

  1. c) the name, address, and, when possible, his/her description, particularly his/her father’s and mother’s name, when available, date and place of birth of the person who is the subject matter of the request;

 

  1. d) if the request refers to a legal or administrative act with the presence of the parties, the designation of the hearing at least 180 days beforehand, to start counting from the date the request is sent to the Requested Party,;

 

  1. e) the list of questions to be posed in the Requested Party, when the assistance requested aims at questioning a person;

 

  1. f) any other necessary information for the recognition, execution or obtaining of a decision;

 

  1. The request for recognition and enforcement of a decision shall also include a copy of the following:

 

  1. a) the full text of the decision and the I. confirmation of its enforceability;

 

  1. b) an adequate document to prove that the defendant has been duly served, in case of a decision rendered in absentia, when such fact is not mentioned in the decision itself;

 

  1. c) two copies of the originals of the letter rogatory and the documents attached;

 

  1. d) other documents considered indispensable by the Requesting Party, according to the nature of the action;

 

  1. e) if the lawsuit involves a minor child, an adequate document to prove that such a minor child has had access to due legal representation, unless otherwise clearly stated in the content of the decision.

 

  1. If the request aims at obtaining a decision in the Requested Party, it shall also include a clear, objective, concise and complete narrative in the text of the request of the facts which gave rise to the request and the applicable legal provisions, as well as any other information which may facilitate the execution of the request.

 

  1. The Parties may provide or ask each other for any other necessary information for the recognition, execution or obtaining of a decision.

 

 

Article 4

Language

 

Requests shall be submitted in the language of the Requesting Party, accompanied by a translation into the official language of the Requested Party, or, when mutually consented, in English, unless otherwise agreed upon.

 

 

Article 5

Refusal of Cooperation

 

This Treaty shall not apply if such application would be manifestly incompatible with the sovereignty, national security or public order of the Requested Party.

 

 

Article 6

Central Authorities and Manner of Communication

 

  1. Central Authorities shall be established by both Parties.

 

  1. For Islamic Republic of Iran, the Central Authority shall be the Ministry of Justice.

 

  1. For the Federative Republic of Brazil, the Central Authority shall be the Ministry of Justice and Public Security, which may also act as the transmittal authority.

 

  1. The Central Authorities shall communicate with one another for the purposes of this Treaty through diplomatic channels

 

  1. In emergency situations, the requests may be transmitted directly between the Central Authorities of the Parties, but shall be confirmed immediately through diplomatic channels, in writing.

 

  1. The Parties may at any time inform any changes in the designation of the Central Authority and/or transmittal authority and its functions for the purposes of this Treaty. Notification of such designation shall take place by exchange of diplomatic notes.

 

  1. The Central Authorities shall ensure the mutual legal assistance celerity and effectiveness, under this Treaty.

 

Article 7

Functions of the Central Authorities

 

  1. The Central Authorities shall:

 

  1. a) co-operate with each other and promote cooperation amongst the competent authorities in their respective States in order to achieve the objects of this Treaty;

 

  1. b) transmit and receive all communications, requests and documents pursuant to this Treaty;

 

  1. c) institute or facilitate institution of proceedings pursuant to this Treaty;

 

  1. d) help to discover the whereabouts of people and assets in their territories;

 

  1. e) provide information regarding the existence of assets in their financial institutions, within the limits of the laws in the Requested Party;

 

  1. f) facilitate the transfer of funds collected pursuant to a court order rendered in the Requested State or to the execution of a decision rendered in the Requesting Party, including the funds referring to the payment of maintenance obligations;

 

  1. The functions of the Central Authorities may be carried out by other designated bodies in co-ordination with the Central Authority of the same State.

 

 

 

 

 

Article 8

Exemption from Legalization

 

All documents transmitted by the Central Authorities or the public bodies designated to carry out any of the provisions of this Treaty shall be exempt from legalization and notarization.

 

 

Article 9

Legality of Public Documents

 

The public documents, if considered as such by one of the Parties, shall be, in the application of this Treaty, equally considered as evidence in the other Party.

 

 

Article 10

Costs of the Services

 

  1. All procedures under way at the Requested Party, including services of the Central Authorities and the necessary legal and administrative cooperation, shall be provided by that Party without cost to the Requesting Party or the applicant.

 

  1. The previous paragraph shall not apply when:

 

  1. a) evidentiary items which entail extraordinary costs are requested;

 

  1. b) experts are designated to act in the proceeding;

 

  1. c) allowances are to be paid to witnesses; or

 

  1. d) there are expenses resulting from the compliance with a certain special way of proceeding requested by the Requesting Party.

 

  1. In the cases provided in the paragraph 2 of this Article, it shall be informed in the request the full name and complete address in the territory of the Requested Party of the person in charge of the payment of the costs and fees.

 

 

Article 11

Access to Justice

 

  1. For the defense of their rights and interests, the nationals of either of the Parties shall have, in the other Party and in the same conditions as the nationals of that Party, free access to justice, and, in the proceedings, the same rights and obligations.

 

  1. The previous provision shall apply equally to the legal persons incorporated according to the laws of either of the Parties.

 

 

 

Article 12

Exemption from Bond or Surety

 

No bond or surety, or any other name which it might be referred to, shall be required owing to the applicant’s condition as a national of neither of the Parties.

 

 

Article 13

Free Legal Assistance

 

  1. The nationals in one of the Parties shall be entitled, in the territory of the other Party, to free legal assistance to the same extent that it would be provided to the nationals of that Party, unless it refers to the provision in paragraph 3 of this Article.

 

  1. When a person is acknowledged the benefit of legal assistance in the territory of one of the Parties, during a proceeding which resulted in a decision, this person shall be entitled, without a new examination, to the same benefit of legal assistance in the territory of the other Party in order to have that decision recognized or enforced.

 

  1. The Requested Party shall provide free legal assistance in cases of request for mutual legal assistance related to proceedings in which maintenance obligation is sought, even it refers only to the service of process or notice of the defendant.

 

 

Article 14

Transfer of Funds

 

  1. The Central Authorities of the Parties shall apply the least costly and most efficient means available to transfer funds resulting from the application of this Treaty.

 

  1. The Parties shall assign maximum priority to the transfer of funds which result from the application of this Treaty, despite the likely limitations imposed by their internal domestic law.

 

 

Article 15

Video-Conference Hearing

 

  1. The Requesting Party may request that the hearing may take place by means of video conference.

 

  1. The Requested Party shall agree or not with the video-conference hearing.

 

  1. The request for video-conference hearing shall include, in addition to the information content of the requests, the name of the authorities and other people who will take part in the hearing.

 

  1. The Requested Party shall summon the person to be heard in accordance with its domestic law.

 

  1. The following rules shall apply to video-conference hearings:

 

  1. a) the hearing shall take place in the presence of the competent authority from the Requested Party, who will be assisted by an interpreter if necessary. This authority shall also be responsible for the identification of the person to be heard and for the respect of the due process of law. In case the competent authority of the Requested Party decides that the due process of law is not being respected during the hearing, he/she shall promptly take the necessary measures to ensure the adequate continuance of the hearing;

 

  1. b) the hearing shall be conducted by the competent authority of the Requesting Party or under his/her orders, in accordance with its domestic law;

 

  1. c) upon request by the Requesting Party or the person to be heard, the Requested Party shall arrange for this person to be assisted by an interpreter;

 

  1. d) the person to be heard shall claim the right to remain silent if such right is recognized under the law of the Requested or the Requesting Party.

 

  1. The competent authority of the Requested Party shall, after the end of the hearing, write a report including:

 

  1. a) the date and venue of the hearing with the signature of the people who attended the hearing;

 

  1. b) the identity of the person heard;

 

  1. c) the identity and description of the other people in the Requested Party who participated in the hearing;

 

  1. d) the commitment or oath taken; and

 

  1. e) the technical conditions under which the hearing took place.

 

  1. The document to which the previous paragraph refers shall be transmitted by the Central Authority of the Requested Party to the Central Authority of the Requesting Party.

 

  1. The Requested Party shall take the appropriate measures for its domestic law to be applied the same way it would if it were a national proceeding, when witness or expert is heard in its territory, pursuant to this Article, and:

 

  1. a) refuses to testify if they are compelled to do so; or

 

  1. b) provides false statement.

 

Article 16

Recognition, Enforcement and Obtaining of Decisions

 

  1. The decisions rendered in the Requesting Party shall be recognized and enforced in the Requested Party as long as:

 

  1. a) they have been rendered by a competent judicial body;

 

  1. b) the parties in the proceeding have appeared before the court or at least have been summoned to do so, pursuant to the legislation of the Party where it was rendered;

 

  1. c) they are enforceable, pursuant to the legislation of the Party where it was rendered;

 

  1. d) the judicial body of the Requested Party have not rendered a final decision for the same parties in the proceeding with the same request and the same reason to request; and

 

  1. e) it is not pending, before a judicial body in the Requested Party, an action between the same parties in the proceeding and with the same request and the same reason to request, initiated before the submission of the request for recognition in the Requested Party.

 

  1. Decisions rendered in the Requested Party may be subject of requests for enforcement under this Treaty.

 

  1. The Requesting Party may request that a decision is obtained or reviewed in the Requested Party;

 

 

Article 17

Partial Recognition or Alternative Solutions

 

  1. In case a sentence may not be enforced in the whole, the Requested Party may accept its partial recognition.

 

  1. The Requested Party shall take all appropriate steps pursuant to its laws to establish a decision if it is unable, pursuant to the provisions of this Treaty, to recognize or enforce a decision of the Requesting Party.

 

 

Article 18

Prohibition of Review of a Decision as to its Substance

 

The Requested Party shall not review the substance of a decision for which recognition and enforcement are sought.

 

 

Article 19

Provisional Measures

 

Provisional measures shall be recognized and enforced in the Requested Party if they are recognizable and enforceable in the Requesting Party and comply with the previous provisions.

 

 

Article 20

Recognition and Enforcement of Final Decisions by Letter Rogatory

 

Final decisions may be recognized and enforced by, among other procedures, Letter Rogatory.

 

Article 21

Compatibility with Other Arrangements

 

Assistance and procedures set forth in this Treaty shall not prevent either of the Parties from granting assistance to the other Party through the provisions of other international agreements to which it may be a party, customary international law,  or through the provisions of its domestic laws. The Parties may also provide assistance pursuant to any arrangement, agreement or practice which may be applicable between the competent authorities of the Parties.

 

 

Article 22

Settlement of Disputes

 

Any dispute between the Parties concerning the interpretation or application of this Treaty shall be settled amicably and via negotiation through diplomatic channels.

 

 

Article 23

Amendments

 

This Treaty may be amended at any time upon mutual agreement of the Parties in written form. Such an amendment shall enter into force by the same procedure as applicable for the entry into force of this Treaty.

 

Article 24

Entry into Force

 

  1. This Treaty shall enter into force for an indefinite period sixty (60) days after the receipt of the last diplomatic note by means of which a Party notifies the other about the conclusion of all internal proceedings necessary for the entry into force of the Treaty.

 

  1. Requests made under this Treaty may apply to crimes committed prior to its entry into force.

 

Article 25

Termination

 

  1. Either Party may terminate this Treaty by means of a written notice to the other Party sent through the diplomatic channel.

 

  1. Termination shall take effect six (6) months following the date of the receipt of the notification.

 

  1. Requests made prior to this written notice, or received during the six (6) month notification period shall be dealt with in accordance with this Treaty.

 

 

In witness thereof, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

 

 

Done at … on this day of … in in duplicate, in Portuguese , Persian and English languages, all of which are equally authentic.  In case of any divergence of interpretation the English text shall prevail.

 

FOR THE FEDERATIVE REPUBLIC OF BRAZIL

 

 

 

______________________________ 

 

FOR THE ISLAMIC REPUBLIC OF IRAN

 

 

______________________________

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