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1. COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “INTRODUCTION OF SUSTAINABLE AÇAÍ FARMING IN THE HINTERLANDS OF SURINAME"

2. COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “EVOLVING FROM SHIFTING AGRICULTURE TOWARDS AGROFORESTRY SYSTEMS IN SURINAME: FOOD SECURITY FROM SUSTAINABLE PRODUCTION”

3. COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “SCHOOL FEEDING PROGRAM IN KOEWARASAN, DISTRICT OF WANICA"

4. COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “CONSOLIDATING AND BROADENING THE CAPACITY OF AGROECOLOGICAL ZONING AND ENVIRONMENTAL EDUCATION IN SURINAME”

5. COOPERATION AND FACILITATION INVESTMENT AGREEMENT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF SURINAME

6. MEMORANDUM OF UNDERSTANDING ON THE INTERINSTITUTIONAL COOPERATION BETWEEN FEDERAL POLICE OF THE FEDERATIVE REPUBLIC OF BRAZIL AND POLICE CORPS OF THE REPUBLIC OF SURINAME [ENGLISH]MEMORANDUM OF UNDERSTANDING TUSSEN DE FEDERALE POLITIE VAN DE FEDERATIEVE REPUBLIEK BRAZILIË EN HET KORPS POLITIE SURINAME VAN DE REPUBLIEK SURINAME INZAKE INTERINSTITUTIONELE SAMENWERKING [DUTCH]


COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “INTRODUCTION OF SUSTAINABLE AÇAÍ FARMING IN THE HINTERLANDS OF SURINAME"

 

The Government of the Federative Republic of Brazil,

 

and

 

the Government of the Republic of Suriname

(hereinafter referred to as “Contracting Parties”),

 

Considering:

 

The relations of technical cooperation that have been strengthened under the Basic Agreement on Scientific and Technical Cooperation between the Governments of the Federative Republic of Brazil and the Republic of Suriname, signed on June 22nd, 1976;

 

The mutual will to promote technical cooperation for development; and

 

The fact that sustainable farming is of special interest to the Contracting Parties;

 

Have agreed as follows:

 

 

Article I

 

1.       The present Complementary Agreement aims at implementing the Project “Introduction of sustainable Açaí farming in the hinterlands of Suriname” (hereinafter referred to as the “Project”), with the purpose of strengthen the capacity of government technicians and researchers to train small scale farmers in the interior of Suriname on how to grow Açaí.

 

2.       The Project shall encompass the goals, the foreseen activities, the results to be achieved and the budget.

 

3.       The project shall be approved and signed by the coordinating institutions and the executing institutions.

 

Article II

 

1.       The Government of the Federative Republic of Brazil designates:

         

a) the Brazilian Cooperation Agency of the Ministry of Foreign Affairs (ABC/MRE) as the institution responsible for coordinating, following up, and assessing activities deriving from this Complementary Agreement; and

 

b) the Federal University of Viçosa (UFV) as the institution responsible for executing the activities deriving from the present Complementary Agreement.

 

2.       The Government of the Republic of Suriname designates:

 

a) the Ministry of Foreign Affairs as the institution responsible for coordinating, executing, following up and assessing activities deriving from the present Complementary Agreement; and

 

b) the Ministry of Regional Development as the institution responsible for executing the activities deriving from this Complementary Agreement.

 

Article III

 

1.       The Government of the Federative Republic of Brazil shall:

 

a) designate and send Brazilian technicians to Suriname to carry out the technical cooperation activities envisaged in the Project;

         

b) provide travel arrangements for Surinamese specialists in technical missions in Brazil;

         

c) provide support equipment and teaching material to capacity building; and

         

d) follow up and evaluate the development of the Project.

 

2.       The Government of the Republic of Suriname shall:

         

a) designate Surinamese technical personnel to participate in capacity building

 courses;

 

b) provide adequate facilities and the infrastructure for the execution of the project activities;

 

c) support technicians sent by the Brazilian Government, providing especially all available information for the execution of the Project;

 

d) guarantee the payment of wages and other advantages related to the position or function of Surinamese technicians engaged in the Project;

 

e) guarantee that the initiatives accomplished by the Brazilian Government´s technicians shall be continued by technicians of the Surinamese executing institution; and

 

f) follow up and assess the development of the Project.

 

Article IV

 

The Contracting Parties shall share costs resulting from the implementation of this Complementary Agreement, based on the details of the Project.

 

Article V

 

For the execution of the activities foreseen in the Project, in accordance with this Complementary Agreement, the Contracting Parties may seek resources from public and private institutions, international organizations and technical cooperation agencies, as well as funds of regional and international programs.

 

Article VI

 

The present Complementary Agreement shall enter into force on the date of its signature, and shall remain in force for 3 (three) years, being automatically renewed for equal periods until the fulfillment of its goal, unless otherwise established by any of the Contracting Parties.

 

Article VII

 

1.       The executing institutions referred to in Article II shall produce reports on the results achieved by the Project developed within the scope of this Complementary Agreement, which shall be forwarded to the coordinating institutions.

 

2.       The documents resulting from the activities developed in the context of the present Complementary Agreement shall be the property of both Contracting Parties. The English language shall be used in working papers and in official versions. In case of publication of the abovementioned documents, the Contracting Parties shall be directly consulted, notified and quoted in the document to be published.

 

Article VIII

 

Any controversy relating to the interpretation of the present Complementary Agreement that may arise from the execution shall be settled by direct negotiations between the Contracting Parties through Diplomatic channels.

 

Article IX

 

Any amendment to the present Complementary Agreement shall be made by mutual consent between the Contracting Parties through diplomatic channels and shall enter into force on the date on which the Contracting Parties mutually agreed upon.

 

Article X

 

Either Contracting Party may express its intention to terminate this Complementary Agreement, through diplomatic channels. The termination shall be effective 3 (three) months after the receipt of the notification, in which the Contracting Parties shall decide on the continuity of the ongoing activities.

 

Article XI

 

To the issues not covered in this Complementary Agreement the provisions of the Basic Agreement on Scientific and Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname, signed of on June 22nd, 1976, shall be applied.

 

Done in Brasília, on the 2nd of May 2018, in two originals, in the Portuguese and English languages, both texts being equally authentic.

 

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs 

 

FOR THE GOVERNMENT OF THE REPUBLIC OF SURINAME

Yldiz Pollack-Beighle

Minister of Foreign Affairs


COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “EVOLVING FROM SHIFTING AGRICULTURE TOWARDS AGROFORESTRY SYSTEMS IN SURINAME: FOOD SECURITY FROM SUSTAINABLE PRODUCTION”

 

The Government of the Federative Republic of Brazil,

 

and

 

the Government of the Republic of Suriname

(hereinafter referred to as “Contracting Parties”),

 

Considering:

 

The relations of technical cooperation that have been strengthened under the Basic Agreement on Scientific and Technical Cooperation between the Governments of the Federative Republic of Brazil and the Republic of Suriname, signed on June 22nd, 1976;

 

The mutual will to promote technical cooperation for development; and

 

The fact that agroforestry systems and food security are of special interests to the Contracting Parties;

 

Have agreed as follows:

 

 

Article I

 

1.       The present Complementary Agreement aims at implementing the Project “Evolving from shifting agriculture towards agroforestry systems in Suriname: food security from sustainable production" (hereinafter referred to as “Project”), with the purpose of transfer Brazilian experience in agroforestry systems and adapt this body of knowledge to the Surinamese context and needs and develop agroforestry technical capacity of MAAHF technical staff.

 

2.       The Project shall encompass the goals, the foreseen activities, the results to be achieved and the budget.

 

3.       The Project shall be approved and signed by the coordinating institutions and the executing institutions.

 

Article II

 

1.       The Government of the Federative Republic of Brazil designates:

 

a) the Brazilian Cooperation Agency of the Ministry of Foreign Affairs (ABC/MRE) as the institution responsible for coordinating, following up, and assessing activities deriving from this Complementary Agreement; and

 

b) the Federal University of Viçosa (UFV) as the institution responsible for executing the activities deriving from the present Complementary Agreement.

 

2.       The Government of the Republic of Suriname designates:

 

a) the Ministry of Foreign Affairs (BUZA) as the institution responsible for coordinating, executing, following up and assessing activities deriving from the present Complementary Agreement; and

 

b) the Ministry of Agriculture, Animal Husbandry and Fisheries (MAAHF) as the institution responsible for executing the activities deriving from this Complementary Agreement.

 

Article III

 

1.       The Government of the Federative Republic of Brazil shall:

 

a) designate and send Brazilian technicians to Suriname to carry out the technical cooperation activities envisaged in the Project;

 

b) provide travel arrangements for Surinamese specialists in technical missions in Brazil;

 

c) provide support equipment and teaching material to capacity building; and

 

d) follow up and evaluate the development of the Project.

 

2.       The Government of the Republic of Suriname shall:

 

a) designate Surinamese technical personnel to participate in capacity building

 courses;

 

b) provide adequate facilities and the infrastructure for the execution of the project activities;

 

c) support technicians sent by the Brazilian Government, providing especially all available information for the execution of the Project;

 

d) guarantee the payment of wages and other advantages related to the position or function of Surinamese technicians engaged in the Project;

 

e) guarantee that the initiatives accomplished by the Brazilian Government´s technicians shall be continued by technicians of the Surinamese executing institution; and

 

f) follow up and assess the development of the Project.

 

Article IV

 

The Contracting Parties shall share costs resulting from the implementation of this Complementary Agreement, based on the details of the Project.

 

Article V

 

For the execution of the activities foreseen in the Project, in accordance with this Complementary Agreement, the Contracting Parties may seek resources from public and private institutions, international organizations and technical cooperation agencies, as well as funds of regional and international programs.

 

Article VI

 

The present Complementary Agreement shall enter into force on the date of its signature, and shall remain in force for 3 (three) years, being automatically renewed for equal periods until the fulfillment of its goal, unless otherwise established by any of the Contracting Parties.

 

Article VII

 

1.       The executing institutions referred to in Article II shall produce reports on the results achieved by the Project developed within the scope of this Complementary Agreement, which shall be forwarded to the coordinating institutions.

 

2.       The documents resulting from the activities developed in the context of the present Complementary Agreement shall be the property of both Contracting Parties. The English language shall be used in working papers and in official versions. In case of publication of the abovementioned documents, the Contracting Parties shall be directly consulted, notified and quoted in the document to be published.

 

Article VIII

 

Any controversy relating to the interpretation of the present Complementary Agreement that may arise from the execution shall be settled by direct negotiations between the Contracting Parties through Diplomatic channels.

 

Article IX

 

Any amendment to the present Complementary Agreement shall be made by mutual consent between the Contracting Parties through diplomatic channels and shall enter into force on the date on which the Contracting Parties mutually agreed upon.

 

Article X

 

Either Contracting Party may express its intention to terminate this Complementary Agreement, through diplomatic channels. The termination shall be effective 3 (three) months after the receipt of the notification, in which the Contracting Parties shall decide on the continuity of the ongoing activities.

 

Article XI

 

To the issues not covered in this Complementary Agreement the provisions of the Basic Agreement on Scientific and Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname, signed of on June 22nd, 1976, shall be applied.

 

Done in Brasília, on the 2nd of May 2018, in two originals, in the Portuguese and English languages, both texts being equally authentic.

 

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs

 

FOR THE GOVERNMENT OF THE REPUBLIC OF SURINAME

Yldiz Pollack-Beighle

Minister of Foreign Affairs


COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “SCHOOL FEEDING PROGRAM IN KOEWARASAN, DISTRICT OF WANICA"

 

The Government of the Federative Republic of Brazil,

 

and

 

the Government of the Republic of Suriname

(hereinafter referred to as “Contracting Parties”),

 

Considering:

 

The relations of technical cooperation that have been strengthened under the Basic Agreement on Scientific and Technical Cooperation between the Governments of the Federative Republic of Brazil and the Republic of Suriname, signed on June 22nd, 1976;

 

The mutual will to promote technical cooperation for development; and

 

The fact that School Feeding program is of special interest to the Contracting Parties;

 

Have agreed as follows:

 

 

Article I

 

1.       The present Complementary Agreement aims at implementing the Project “School Feeding Program in Koewarasan, District of Wanica” (hereinafter referred to as “Project”), with the purpose of implementing a pilot project on school feeding based on the training of technicians, teachers and principals of schools in the field of nutrition, buying, preparation of menu and several activities related to the school feeding program.

 

2.       The Project shall encompass the goals, the foreseen activities, the results to be achieved and the budget.

 

3.       The project shall be approved and signed by the coordinating institutions and the executing institutions.

 

Article II

 

1.       The Government of the Federative Republic of Brazil designates:

 

a) the Brazilian Cooperation Agency of the Ministry of Foreign Affairs (ABC/MRE) as the institution responsible for coordinating,  following up, and assessing activities deriving from this Complementary Agreement; and

 

b) the National Fund for Development for Education (FNDE) as the institution responsible for executing the activities deriving from the present Complementary Agreement.

 

 

2.       The Government of the Republic of Suriname designates:

 

a) the Ministry of Foreign Affairs as the institution responsible for coordinating, executing, following up and assessing activities deriving from the present Complementary Agreement; and

 

b) the Ministry of Education, Science and Culture as the institution responsible for executing the activities deriving from this Complementary Agreement.

 

Article III

 

1.       The Government of the Federative Republic of Brazil shall:

 

a) designate and send Brazilian technicians to Suriname to carry out the technical cooperation activities envisaged in the Project;

 

b) provide travel arrangements for Surinamese specialists in technical missions in Brazil;

 

c) provide support, equipment and teaching material to capacity building activities; and

 

d) follow up and evaluate the development of the Project.

 

2.       The Government of the Republic of Suriname shall:

 

a) designate Surinamese technical personnel to participate in capacity building

 courses;

 

b) provide adequate facilities and the infrastructure for the execution of the Project activities;

 

c) support technicians sent by the Brazilian Government, providing especially all available information for the execution of the Project;

 

d) guarantee the payment of wages and other advantages related to the position or function of Surinamese technicians engaged in the Project;

 

e) guarantee that the initiatives accomplished by the Brazilian Government´s technicians shall be continued by technicians of the Surinamese executing institution; and

 

f) follow up and assess the development of the Project.

 

Article IV

 

The Contracting Parties shall share costs resulting from the implementation of this Complementary Agreement, based on the details of the Project.

 

Article V

 

For the execution of the activities foreseen in the Project, in accordance with this Complementary Agreement, the Contracting Parties may seek resources from public and private institutions, international organizations and technical cooperation agencies, as well as funds of regional and international programs.

 

Article VI

 

The present Complementary Agreement shall enter into force on the date of its signature, and shall remain in force for 3 (three) years, being automatically renewed for equal periods until the fulfillment of its goal, unless otherwise established by any of the Contracting Parties.

 

Article VII

 

1.       The executing institutions referred to in Article II shall produce reports on the results achieved by the Project developed within the scope of this Complementary Agreement, which shall be forwarded to the coordinating institutions.

 

2.       The documents resulting from the activities developed in the context of the present Complementary Agreement shall be property of both Contracting Parties. The English language shall be used in working papers and in official versions. In case of publication of the abovementioned documents, the Contracting Parties shall be directly consulted, notified and quoted in the document to be published.

 

Article VIII

 

Any controversy relating to the interpretation of the present Complementary Agreement that may arise from the execution shall be settled by direct negotiations between the Contracting Parties through Diplomatic channels.

 

Article IX

 

Any amendment to the present Complementary Agreement shall be made by mutual consent between the Contracting Parties through diplomatic channels and shall enter into force on the date on which the Contracting Parties mutually agreed upon.

 

Article X

 

Either Contracting Party may express its intention to terminate this Complementary Agreement, through diplomatic channels. The termination shall be effective 3 (three) months after the receipt of the notification, in which the Contracting Parties shall decide on the continuity of the ongoing activities.

 

Article XI

 

To the issues not covered in this Complementary Agreement the provisions of the Basic Agreement on Scientific and Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname, signed of on June 22nd, 1976, shall be applied.

 

Done in Brasília, on the 2nd of May 2018, in two originals, in the Portuguese and English languages, both texts being equally authentic.

 

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs

 

FOR THE GOVERNMENT OF THE REPUBLIC OF SURINAME

Yldiz Pollack-Beighle

Minister of Foreign Affairs


COMPLEMENTARY AGREEMENT ON THE BASIC AGREEMENT ON SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME FOR THE IMPLEMENTATION OF THE PROJECT “CONSOLIDATING AND BROADENING THE CAPACITY OF AGROECOLOGICAL ZONING AND ENVIRONMENTAL EDUCATION IN SURINAME”

 

The Government of the Federative Republic of Brazil,

 

and

 

the Government of the Republic of Suriname

(hereinafter referred to as “Contracting Parties”),

 

Considering:

 

The relations of technical cooperation that have been strengthened under the Basic Agreement on Scientific and Technical Cooperation between the Governments of the Federative Republic of Brazil and the Republic of Suriname, signed on June 22nd, 1976;

 

The mutual will to promote technical cooperation for development; and

 

The fact that agroecological zoning and environmental education are of special interest to the Contracting Parties;

 

Have agreed as follows:

 

 

Article I

 

1.       The present Complementary Agreement aims at implementing the Project “Consolidating and broadening the capacity of agroecological zoning and environmental education in Suriname” (hereinafter referred to as “Project”), with the purpose of consolidating the capacity of agroecological zoning in Suriname and broaden the capacity of environmental education in Suriname.

 

2.       The Project shall encompass the goals, the foreseen activities, the results to be achieved and the budget.

 

3.       The Project shall be approved and signed by the coordinating institutions and the executing institutions.

 

Article II

 

1.       The Government of the Federative Republic of Brazil designates:

 

a) the Brazilian Cooperation Agency of the Ministry of Foreign Affairs (ABC/MRE) as the institution responsible for coordinating, following up, and assessing activities deriving from this Complementary Agreement; and

 

b) the Federal University of Viçosa (UFV) as the institution responsible for executing the activities deriving from the present Complementary Agreement.

 

2.       The Government of the Republic of Suriname designates:

 

a) the Ministry of Foreign Affairs (BUZA) as the institution responsible for coordinating, executing, following up and assessing activities deriving from the present Complementary Agreement; and

 

b) the Ministry of Agriculture, Animal Husbandry and Fisheries (MAAHF) as the institution responsible for executing the activities deriving from this Complementary Agreement.

 

Article III

 

1.       The Government of the Federative Republic of Brazil shall:

 

a) designate and send Brazilian technicians to Suriname to carry out the technical cooperation activities envisaged in the Project;

 

b) provide travel arrangements for Surinamese specialists in technical missions in Brazil;

 

c) provide support equipment and teaching material to capacity building activities; and

 

d) follow up and evaluate the development of the Project.

 

2.       The Government of the Republic of Suriname shall:

 

a) designate Surinamese technical personnel to participate in capacity building

 courses;

 

b) provide adequate facilities and the infrastructure for the execution of the project activities;

 

c) support technicians sent by the Brazilian Government, providing especially all available information for the execution of the Project;

 

d) guarantee the payment of wages and other advantages related to the position or function of Surinamese technicians engaged in the Project;

 

e) guarantee that the initiatives accomplished by the Brazilian Government´s technicians shall be continued by technicians of the Surinamese executing institution; and

 

f)  follow up and assess the development of the Project.

 

Article IV

 

The Contracting Parties shall share costs resulting from the implementation of this Complementary Agreement, based on the details of the Project.

 

Article V

 

For the execution of the activities foreseen in the Project, in accordance with this Complementary Agreement, the Contracting Parties may seek resources from public and private institutions, international organizations and technical cooperation agencies, as well as funds of regional and international programs.

 

Article VI

 

The present Complementary Agreement shall enter into force on the date of its signature, and shall remain in force for 3 (three) years, being automatically renewed for equal periods until the fulfillment of its goal, unless otherwise established by any of the Contracting Parties.

 

Article VII

 

1.       The executing institutions referred to in Article II shall produce reports on the results achieved by the Project developed within the scope of this Complementary Agreement, which shall be forwarded to the coordinating institutions.

 

2.       The documents resulting from the activities developed in the context of the present Complementary Agreement shall be the property of both Contracting Parties. The English language shall be used in working papers and in official versions. In case of publication of the abovementioned documents, the Contracting Parties shall be directly consulted, notified and quoted in the document to be published.

 

Article VIII

 

Any controversy relating to the interpretation of the present Complementary Agreement that may arise from the execution shall be settled by direct negotiations between the Contracting Parties through Diplomatic channels.

 

Article IX

 

Any amendment to the present Complementary Agreement shall be made by mutual consent between the Contracting Parties through diplomatic channels and shall enter into force on the date on which the Contracting Parties mutually agreed upon.

 

Article X

 

 Either Contracting Party may express its intention to terminate this Complementary Agreement, through diplomatic channels. The termination shall be effective 3 (three) months after the receipt of the notification, in which the Contracting Parties shall decide on the continuity of the ongoing activities.

 

Article XI

 

To the issues not covered in this Complementary Agreement the provisions of the Basic Agreement on Scientific and Technical Cooperation between the Government of the Federative Republic of Brazil and the Government of the Republic of Suriname, signed of on June 22nd, 1976, shall be applied.

 

Done in Brasília, on the 2nd of May 2018, in two originals, in the Portuguese and English languages, both texts being equally authentic.

 

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs          

 

FOR THE GOVERNMENT OF THE REPUBLIC OF SURINAME

Yldiz Pollack-Beighle

Minister of Foreign Affairs


COOPERATION AND FACILITATION INVESTMENT AGREEMENT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF SURINAME

 

The Federative Republic of Brazil

 

and

 

The Republic of Suriname

 

(hereinafter designated as the “Parties” or individually as “Party”),

 

Wishing to strengthen and to enhance the bonds of friendship and the spirit of continuous cooperation between the Parties;

 

Seeking to create and maintain favourable conditions for the investments of investors of a Party in the territory of the other Party;

 

Seeking to stimulate, streamline and support bilateral investments, thus opening new integration opportunities between the Parties;

 

Recognizing the essential role of investment in promoting sustainable development;

 

Considering that the establishment of a strategic partnership between the Parties in the area of investment will bring wide-ranging and mutual benefits;

 

Recognizing the importance of fostering a transparent and friendly environment for investments by investors of the Parties;

 

Reassuring their regulatory autonomy and each Party´s  policy space;

 

Wishing to encourage and strengthen contacts between investors and the Governments of the two Parties; and

 

Seeking to create a mechanism for technical dialogue and foster government initiatives that may contribute to a significant increase in mutual investment;

 

Agree to the following Cooperation and Facilitation Investment Agreement, hereinafter referred to as “Agreement”, as follows:

 

 

PART I

Scope of the Agreement and Definitions

 

Article 1

Objective

 

The objective of this Agreement is to facilitate and promote mutual investments through an adequate standard of treatment for investors and their investments, an institutional governance framework for cooperation and facilitation, including an Agenda for Further Cooperation and Facilitation, and a dispute prevention and settlement mechanisms.

 

Article 2

Scope and Coverage

 

1.       This Agreement shall apply to all investments made before or after its entry into force.

 

2.       This Agreement shall not limit the rights and benefits which an investor of a Party enjoys under national or international law in the territory of the other Party.

 

3.       For greater certainty, the Parties reaffirm that this Agreement shall apply without prejudice to the rights and obligations derived from the Agreements of the World Trade Organization.

 

4.       This Agreement shall not prevent the adoption and implementation of new legal requirements or restrictions to investors and their investments, as long as they are consistent with this Agreement.

 

5.       This Agreement shall not apply to the issuance of compulsory licenses granted in relation to intellectual property rights in accordance with the Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (TRIPS Agreement), or to the revocation, limitation or creation of intellectual property rights, to the extent that the issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.

 

Article 3

Definitions

 

1.       For the purpose of this Agreement:

 

1.1     Enterprise means: any entity constituted or organized under applicable law, whether or not for profit, whether privately owned or State-owned, including any corporation, trust, partnership, sole proprietorship, joint venture and entities without legal personality;

 

1.2     Host State means the Party where the investment is made.

 

1.3     Investment means a direct investment of an investor of one Party, established or acquired in accordance with the laws and regulations of the other Party, that directly or indirectly,allows the investor to exert control or significant degree of influence over the management of the production of goods or provision of services in the territory of the other Party, including but not limited to:

 

a)       shares, stocks, participations and other equity types in an enterprise;

 

b)       movable or immovable property and other property rights such as mortgages, liens, pledges, encumbrances or similar rights and obligations;

 

c)       the rights of exploration, exploitation and use conferred by a license, permit or concession granted and ruled by the legislation of the Host Party and/or by a contract

 

d) loans to another company and instruments of debt of another company; and:

 

e)       intellectual property rights as defined or referenced to in the TRIPS Agreement.

 

For the purposes of this Agreement and for greater certainty, "Investment" does not include:

 

a) an order or judgment issued as a result of a lawsuit or an administrative process;

 

b) debt securities issued by a Party or loans granted from a Party to the other Party, bonds, debentures, loans or other debt instruments of a State-owned enterprise of a Party that is considered to be public debt under the legislation of that Party;

 

c) portfolio investments, i.e. those that do not allow the investor to exert a significant degree of influence in the management of the enterprise or in another enterprise;

 

d) claims to money that arise solely from commercial contracts for the sale of goods or services by an investor in the territory of a Party to a national or an enterprise in the territory of another Party, or the extension of credit in connection with a commercial transaction, or any other claims to money that do not involve the kind of interests set out in sub-paragraphs (a)-(e) above; and

 

e) claims deriving from any expenses or other financial obligations incurred by the investor prior to the establishment of the investment, including in order to comply with the regulations for the admission of foreign capital or other specific limits or conditions, according to the legislation on the admission of investments of the Host Party.

 

1.4     Investor means a national, permanent resident or enterprise of a Partythat has made an investment in the territory of the other Party.

 

1.5     Measure means any measure adopted by a Party, whether in the form of law, regulation, rule, procedure, decision, administrative ruling, or any other form.

 

1.6     National means a natural person that has the nationality of a Party, according to its laws and regulations. 

 

1.7     Territory means the territory, including its land and aerial spaces, the exclusive economic zone, territorial sea, seabed and subsoil within which the Party exercises its sovereign rights or jurisdiction, in accordance with international law and its internal legislation.

 

PART II

Regulatory Measures

 

Article 4

Treatment

 

1.       Each Party shall treat investors of the other Party and their investments according to its applicable rules and regulations and in conformity with this Agreement.

 

2.       In line with the principles of this Agreement, each Party shall ensure that all measures that affect investment are administered in a reasonable, objective and impartial manner, in accordance with the due process of law and their respective legislation.

 

3.       For greater certainty, the standards of "fair and equitable treatment" and "full protection and security" are not covered by this Agreement and shall not be used as interpretative standards in investment dispute settlement procedures.

 

Article 5

National Treatment

 

1.       Without prejudice to the measures in force under its legislation on the date of entry into force of this Agreement, each Party shall accord to investors of another Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

 

2.       Without prejudice to the measures in force under its legislation on the date of entry into force of this Agreement, each Party shall accord to investments of investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

 

3.       Nothing in this Agreement shall be construed to prevent a Party from adopting new requirements affecting investors of the other Party or their investments, provided such requirements are not discriminatory according to this Agreement.

 

4.       For greater certainty, whether treatment is accorded in ‘like circumstances’ depends on the totality of the circumstances, including whether the relevant treatment distinguishes between investors or investments on the basis of legitimate public interest objectives.

 

5.       For greater certainty, this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the investor or investments.

 

Article 6

Most-Favoured-Nation Treatment

 

1.       Each Party shall accord to investors of  the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

 

2.       Each Party shall accord to investments of investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

 

3.       This Article shall not be construed to require a Party to grant to an investor of another Party or their investments the benefit of any treatment, preference or privilege arising from:

 

(i) provisions relating to investment dispute settlement contained in an investment agreement or an investment chapter of a commercial agreement; or

 

(ii) any agreement for regional economic integration, customs union or common market, of which a Party is or becomes a member.

 

4.       For greater certainty, whether treatment is accorded in ‘like circumstances’ depends on the totality of the circumstances, including whether the relevant treatment distinguishes between investors or investments on the basis of legitimate public interest objectives.

 

Article 7

Direct Expropriation

 

1.       In determining the amount for compensation in case of expropriation, the competent authority of each Party shall follow the provisions of this Article.

 

2.       Each Party shall not nationalize or expropriate investments of investors of the other Party, except:

 

a)       for a public purpose or necessity or when justified as social interest;

 

b)       in a non-discriminatory manner;

 

c)       on payment of effective compensation , according to paragraphs 2 to 4; and

 

d)       in accordance with due process of law.

 

3.       The compensation shall:

 

a)       Be paid without undue delay;

 

b)       Be equivalent to the fair market value of the expropriated investment, immediately before the expropriating measure has taken place (“expropriation date”);

 

c)       Not reflect any change in the market value due to the knowledge of the intention to expropriate, before the expropriation date; and

 

d)       Be completely payable and transferable, according to Article 10.

 

4.       The compensation to be paid shall not be inferior to the fair market value on the expropriation date, plus interests at a rate determined according to market criteria accrued since the expropriation date until the date of payment, according to the legislation of the Host State.

 

5.       For greater certainty, this Article only provides for direct expropriation, where an investment is nationalized or otherwise directly expropriated through formal transfer of title or ownership rights, and does not cover indirect expropriation.

 

Article 8

Compensation for Losses

 

1.       The investors of a Party whose investments in the territory of the other Party suffer losses due to war or other armed conflict, revolution, state of emergency, insurrection, riot or any other similar events, shall enjoy, with regard to restitution, indemnity or other form of, compensation, the same treatment as the latter Party accords to its own investors or the treatment accorded to investors of a non-Party, whichever is more favourable to the affected investor.

 

2.       Each Party shall provide the investor restitution, compensation, or both, as appropriate, in accordance with Article 6 of this Agreement, in the event that investments suffer losses in its territory in any situation referred to in paragraph 1 of this Article resulting from:

 

(a) requisitioning of its investment or part thereof by the forces or authorities of the latter Party; or

 

(b) destruction of its investment or any part thereof by the forces or authorities of the latter Party.

 

Article 9

Transparency

 

1.       Each Party shall ensure that its laws, regulations, procedures and general administrative resolutions related to any matter covered by this Agreement, in particular regarding qualification, licensing and certification, are published in the official gazette and, when possible, in electronic format, as to allow interested persons of the other Party to become acquainted with them.

 

2.       Each Party shall, as provided for in its laws and regulations:

 

a)       publish any such investment-related measure that it proposes to adopt; and

 

b)       provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.

 

3.       Whenever possible, each Party shall disseminate this Agreement to their respective public and private financial agents, responsible for the technical evaluation of risks and the approval of loans, credits, guarantees and related insurances for investment in the territory of the other Party.

 

Article 10

Transfers

 

1.       Each Party shall allow that the transfer of funds related to an investment be made freely and without undue delay, to and from their territory. Such transfers include:

 

a)       the initial capital contribution or any addition thereof in relation to the maintenance or expansion of the investment;

 

b)       income directly related to the investment, such as profits, interests, capital gains, dividends or "royalties";

 

c)       the proceeds of sale or total or partial liquidation of the investment;

 

d)       the repayments of any loan, including interests thereon, relating directly to the investment;

 

e)       the amount of a compensation.

 

2.       Without prejudice to paragraph 1 of this Article, a Party may,in an equitable and non-discriminatory manner and in good faith, prevent a transfer if such transfer is prevented under its laws relating to:

 

a)       bankruptcy, insolvency or the protection of the rights of creditors;

 

b)       criminal infractions;

 

c)       financial reports or maintenance of transfers' registers when necessary to cooperate with law enforcement or with financial regulators; or

 

d)       the guarantee for the enforcement of decisions in judicial or administrative proceedings.

 

3.       Nothing in this Agreement shall be construed as to prevent a Party from adopting or maintaining temporary restrictive measures in respect of payments or transfers related to current account transactions in the event of serious difficulties in the balance of payments and external financial difficulties or threat thereof.

 

4.       Nothing in this Agreement shall be construed as to prevent a Party from adopting or maintaining temporary restrictive measures in respect of payments or transfers related to capital movements:

 

a) in the case of serious difficulties in the balance of payments or external financial difficulties or threat thereof; or

 

b) where, in exceptional circumstances, payments or transfers from capital movements generate or threaten to generate serious difficulties for macroeconomic management.

 

5.       The adoption of temporary restrictive measures to transfers if there are serious difficulties in the balance of payments in the cases described in paragraphs 3 and 4 of this Article, must be non-discriminatory and in accordance with the Articles of the Agreement of the International Monetary Fund.

 

Article 11

Tax Measures

 

Nothing in this Agreement shall apply to tax measures, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on investors of the other Party or their investments.

 

2.       For greater certainty, nothing in this Agreement shall:

 

a) affect the rights and obligations of the Parties arising out of any agreement to avoid double taxation, current or future, of which a Party to this Agreement is a party or becomes a party; or

 

b) shall be construed so as to avoid the adoption or enforcement of any measure aimed at ensuring the equitable or effective imposition or collection of taxes, according to the legislation of the Parties.

 

Article 12

Prudential Measures

 

1.       Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining prudential measures, such as:

 

a)       the protection of investors, depositors, financial market participants, policy-holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution;

 

b)       the maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and

 

c)       ensuring the integrity and stability of a Party's financial system.

 

2.       Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of circumventing the commitments or obligations of the Party under this Agreement.

 

Article 13

Security Exceptions

 

Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures aimed at preserving its national security or public order, or to apply the provisions of their criminal laws or comply with its obligations regarding the maintenance of international peace and security in accordance with the provisions of the United Nations Charter.

 

Article 14

Compliance with Domestic Legislation

 

The Parties reaffirm and recognize that:

 

a)       Investors and their investments shall comply with all laws, regulations, administrative guidelines and policies of a Party concerning the establishment, acquisition, management, operation and disposition of investments.

 

b)       Investors and their investments shall not, either prior to or after the establishment of an investment, offer, promise, or give any undue pecuniary advantage, gratification or gift whatsoever, whether directly or indirectly, to a public servant or official of a Party as an inducement or reward for doing or forbearing to do any official act or obtain or maintain other improper advantage nor shall be complicit in inciting, aiding, abetting, or conspiring to commit such acts.

 

c)       An investor shall, thoroughly and accurately, provide such information as the Parties may require, under the applicable legislation, concerning an investment and the corporate history and practices of the investor, for purposes of governmental decision-making in relation to that investment or solely for statistical purposes.

 

Article 15

Corporate Social Responsibility

 

1.       Investors and their investment shall strive to achieve the highest possible level of contribution to the sustainable development of the Host State and the local community, through the adoption of a high degree of socially responsible practices, based on the voluntary principles and standards set out in this Article.

 

2.       The investors and their investment shall endeavour to comply with the following voluntary principles and standards for a responsible business conduct and consistent with the laws adopted by the Host State:

 

a)       Contribute to the economic, social and environmental progress, aiming at achieving sustainable development;

 

b)       Respect the internationally recognized human rights of those involved in theinvestors’ activities;

 

c)       Encourage local capacity building through close cooperation with the local community;

 

d)       Encourage the creation of human capital, especially by creating employment opportunities and offering professional training to workers;

 

e)       Refrain from seeking or accepting exemptions that are not established in the legal or regulatory framework relating to human rights, environment, health, security, work, tax system, financial incentives, or other issues;

 

f)        Support and advocate for good corporate governance principles, and develop and apply good practices of corporate governance;

 

g)       Develop and implement effective self-regulatory practices and management systems that foster a relationship of mutual trust between the companies and the societies in which its operations are conducted;

 

h)       Promote the knowledge of and the adherence to,by workers, the corporate policy, through appropriate dissemination of this policy, including programs for professional training;

 

i)        Refrain from discriminatory or disciplinary action against employees who submit grave reports to the board or, whenever appropriate, to the competent public authorities, about practices that violate the law or corporate policy;

 

j)        Encourage, whenever possible, business associates, including service providers and outsources, to apply the principles of business conduct consistent with the principles provided for in this Article; and

 

k)       Refrain from any undue interference in local political activities.

 

Article 16

Investment Measures and Combating Corruption and Illegality

 

1.       Each Party shall maintain measures to prevent and fight corruption, money laundering and terrorism financing with regard to matters covered by this Agreement, in accordance with its laws and regulations.

 

2.       Nothing in this Agreement shall require any Party to protect investments made with capital or assets of illicit origin or investments in the establishment or operation of which illegal acts have been demonstrated to occur and for which national legislation provides asset forfeiture.

 

Article 17

Provisions on Investment and Environment, Labor Affairs and Health

 

1.       Nothing in this Agreement shall be construed to prevent a Party from adopting, maintaining or enforcing any measure it deems appropriate to ensure that investment activity in its territory is undertaken in a manner according to labor, environmental andhealth legislationof that Party, provided that this measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction.

 

2.       The Parties recognize that it is inappropriate to encourage investment by lowering the standards of their labor and environmental legislation or measures of health. Therefore, each Party guarantees it shall not amend or repeal, nor offer the amendment or repeal of such legislation to encourage the establishment, maintenance or expansion of an investment in its territory, to the extent that such amendment or repeal involves decreasing their labor, environmental or health standards. If a Party considers that another Party has offered such an encouragement, the Parties shall address the issue through consultations.

 

PART III

Institutional Governance and Dispute Prevention and Settlement

 

Article 18

Joint Committee for the Administration of the Agreement

 

1.       For the purposes of this Agreement, the Parties hereby establish a Joint Committee for the administration of this Agreement (hereinafter referred as “Joint Committee”).

 

2.       The Joint Committee shall be composed of government representatives of both Parties designated by their respective Governments.

 

3.       The Joint Committee shall meet at such times, in such places and through such means as the Parties may agree. Meetings shall be held at least once a year, with alternating chairmanships between the Parties.

 

4.       The Joint Committee shall have the following functions and responsibilities:

 

a)       Oversee the implementation and execution of this Agreement;

 

b)       Discuss investment-related issues and disseminate opportunities for the expansion of mutual investment;

 

c)       Coordinate the implementation of the Agendas for Further Cooperation and Facilitation, in conformity with Article 26;

 

d)       Consult with the private sector and civil society, when applicable, on their views on specific issues related to the work of the Joint Committee;

 

e)       Seek to address any issues or differences concerning investments of investors of a Party in an amicable manner; and

 

f)        Supplement the rules for arbitral dispute settlement between the Parties, if necessary.

 

5.       The Parties may establish ad hoc working groups, which shall meet jointly or separately from the Joint Committee.

 

6.       The private sector may be invited to participate in the ad hoc working groups, whenever authorized by the Joint Committee.

 

7.       The Joint Committee shall establish its own rules of procedure.

 

Article 19

National Focal Points or Ombudspersons

 

1.       Each Party shall designate a single agency or authority as a National Focal Point, or Ombudsperson, which shall have as its main responsibility the support for investors from the other Party in its territory.

 

2.       In the Federative Republic of Brazil, the National Focal Point or Ombudsperson shall be the Ombudsman of Direct Foreign Investment (OID) of the Foreign Trade Board (CAMEX).

 

3.       In the Republic of Suriname, the National Focal Point or Ombudsperson shall be the Institute for the Promotion of Investments in Suriname – Ïnstituut ter bevordering van Investeringen in Suriname (INVESTSUR)

 

4.       The National Focal Point or Ombudsperson, among other responsibilities, shall:

 

a)       Endeavour to follow the recommendations of the Joint Committee and interact with the National Focal Point of the other Party, in accordance with this Agreement;

 

b)       Follow up on requests and enquiries of the other Party or of investors of the other Party with the competent authorities of the Party and inform the stakeholders on the results of its actions;

 

c)       Assess, in consultation with relevant government authorities, suggestions and complaints of the Party received from the other Party or investors of the other Party and recommend, as appropriate, actions to improve the investment environment;

 

d)       Seek to prevent differences in investment matters, in collaboration with government authorities of the Party and relevant private entities;

 

e)       Provide timely and useful information on regulatory issues on general investment or on specific projects; and

 

f)        Report its activities and actions to the Joint Committee, when appropriate.

 

5.       The National Focal Points or Ombudspersons shall cooperate with each other and with the Joint Committee with a view to helping in the prevention of disputes between the Parties.”

 

6.       Each Party shall determine time limits for the implementation of each of its functions and responsibilities, which shall  be communicated to the other Party.

 

Article 20

Exchange of Information between the Parties

 

1.       The Parties shall exchange information, whenever possible and relevant to reciprocal investments, concerning business opportunities, procedures, and requirements for investment, particularly through the Joint Committee and its National Focal Points.

 

2.       For this purpose, a Party shall provide, when requested, in a timely fashion and with respect for the applicable level of protection, information related, in particular, to the following issues:

 

a)       Regulatory conditions for investment;

 

b)       Governmental programs and possible related incentives;

 

c)       Public policies and legal frameworks that may affect investment;

 

d)       Legal framework for investment, including legislation on the establishment of companies and joint ventures;

 

e)       Related international treaties;

 

f)        Customs procedures and tax regimes;

 

g)       Statistical information on the market for goods and services;

 

h)       Available infrastructure and public services;

 

i)        Government procurement and public concessions;

 

j)        Social and labour requirements;

 

k)       Immigration legislation;

 

l)        Currency exchange legislation;

 

m)      Legislation regarding specific economic sectors previously identified by the Parties;

 

n)       Regional projects and agreements related to on investment; and

 

o) Public-Private Partnerships (PPPs)

 

Article 21

Treatment of Protected Information

 

1.       Each Party shall respect the level of confidentiality as established by the submitting Party, according to the Party´s national legislation on the matter.

 

2.       None of the provisions of the Agreement shall be construed to require any Party to disclose protected information, the disclosure of which would jeopardize law enforcement or otherwise be contrary to the public interest or would violate the privacy or harm legitimate business interests. For the purposes of this paragraph, protected information includes confidential business information,and information considered privileged or protected from disclosure under the applicable laws of a Party.

 

Article 22

Interaction with the Private Sector

 

Recognizing the key role played by the private sector, the Parties shall disseminate, among the relevant business sectors, general information on investment, regulatory frameworks and business opportunities in the territory of the other Party.

 

Article 23

Cooperation between Agencies Responsible for Investment Promotion

 

The Parties shall promote cooperation between their investment promotion agencies in order to facilitate investment in the territory of the other Party.

 

Article 24

Dispute Prevention Procedure

 

1.       If a Party considers that a specific measure adopted by the other Party constitutes a breach of this Agreement, it may invoke this Article to initiate a dispute prevention procedure within the Joint Committee.

 

2.       The following rules apply to the aforementioned procedure:

 

a)       To initiate the procedure, the interested Party shall submit a written request to the other Party, identifying the specific measure in question, and presenting the relevant allegations of fact and law. The Joint Committee shall meet within sixty (60) days from the date of the request;

 

b)       The Joint Committee shall have sixty (60) days from the date of the first meeting, extendable by mutual agreement, to evaluate the submission presented and to prepare a report;

 

c)       The report of the Joint Committee shall include the:

 

i)        Identification of the submitting Party;

 

ii)       Description of the measure in question and the alleged breach of the Agreement; and

 

iii) Findings of the Joint Committee.

 

d)       In the event that the dispute is not resolved upon the completion of the time frames set forth in this Article, or there is non-participation of a Party in the meetings of the Joint Committee convened according to this Article, the dispute may be submitted to arbitration by a Party in accordance with Article 25 of this Agreement.

 

3.       If the measure in question affects a specific investor, the following additional rules shall apply:

 

a) the initial submission shall identify the affected investor; and

 

b) representatives of the affected investor may be invited to appear before the Joint Committee.

 

4.       Whenever relevant to the consideration of the measure in question, the Joint Committee may invite other interested stakeholders to appear before the Joint Committee and present their views on such measure.

 

5.       The records of the meetings held under the Dispute Prevention Procedure and all other related documentation shall remain confidential, except for the report submitted by the Joint Committee under paragraph 2, subject to the law of each of the Parties regarding the disclosure of information.

 

Article 25

Settlement of Disputes between the Parties

 

1.       Once the procedure under paragraph 3 of Article 24has been exhausted and the dispute has not been resolved, either Party may submit the dispute to an ad hoc Arbitral Tribunal, in accordance with the provisions of this Article. Alternatively, the Parties may choose, by mutual agreement, to submit the dispute to a permanent arbitration institution for settlement of investment disputes. Unless the Parties decide otherwise, such institution shall apply the provisions of this Article.

 

2.       The purpose of the arbitration is to determine the conformity with this Agreement of a measure that a Party claims to be not in conformity with the Agreement.

 

3.       The following may not be subject to arbitration: Article 13 - Security Exceptions; Article 14 - Domestic Legislation; Article 15- Corporate Social Responsibility; paragraph 1 of Article 16-Investment Measures and Combating Corruption and Illegality; and paragraph 2 of Article 17- Provisions on Investment and Environment, Labor Affairs and Health.

 

4.       This Article shall not apply to any dispute concerning any facts which have occurred, nor any measures which have been adopted before the entry into force of this Agreement.

 

5.       This Article shall not apply to any dispute if more than five (5) years have elapsed since the date on which the Party knew or should have known of the facts giving rise to the dispute.

 

6.       The Arbitral Tribunal shall consist of three arbitrators. Each Party shall appoint, within three (3) months after receiving the "notice of arbitration", a member of the Arbitral Tribunal. Within three (3) months of the appointment of the second arbitrator, the two members shall appoint a national of a third State with which both Parties maintain diplomatic relations, who, upon approval by both Parties,shall be appointed chairperson of the Arbitral Tribunal. The appointment of the Chairperson must be approved by both Parties within one (1) month from the date of his/her nomination.

 

7.       If, within the periods specified in paragraph 6 of this Article, the necessary appointments are not concluded, either Party may invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Party or is prevented from fulfilling said function, the member of the International Court of Justice who has the most seniority who is not a national of a Party will be invited to make the necessary appointments.

 

8.       Arbitrators must:

 

a) have the necessary experience or expertise in Public International Law, international investment rules or international trade, or the resolution of disputes arising in relation to international investment agreements;

 

b) be independent of and not be affiliated, directly or indirectly, with any of the Parties or with the other arbitrators or potential witnesses nor take instructions from the Parties; and

 

c) comply with the "Rules of conduct for the understanding on rules and procedures governing the settlement of disputes " of the World Trade Organization (WTO / DSB / RC / 1, dated December 11 1996), as applicable to the dispute, or any other standard of conduct established by the Joint Committee.

 

9.       The "Notice of Arbitration" and other documents relating to the resolution of the dispute shall be presented at the location designated by each Party.

 

10.     The Arbitral Tribunal shall determine its own procedures, in consultation with the Parties, in accordance with this Article and,  subsidiarily, to the extent that it is not inconsistent with this Agreement, with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in force on the date of entry into force of this Agreement. The Arbitral Tribunal will render its decision by majority vote and decide on the basis of the provisions of this Agreement and the applicable principles and rules of international law as recognized by both Parties. Unless otherwise agreed by the Parties, the decision of the Arbitral Tribunal shall be rendered within nine (9) months,extendable for ninety (90) days,following the appointment of the Chairperson in accordance with paragraphs 6 and 7 of this Article.

 

11.     The decision of the Arbitral Tribunal shall be final and binding to the Parties, who shall comply with it without delay.

 

12.     The Joint Committee shall approve the general rule for determining the arbitrators´ fees, taking into account the practices of relevant international organizations. The Parties shall bear the expenses of the arbitrators as well as other costs of the proceedings equally, unless otherwise agreed.

 

13.     Notwithstanding paragraph 2 of this Article, the Parties may, through a specific arbitration agreement, request the arbitrators to examine the existence of damages caused by the measure in question under this Agreement and to establish compensation for such damagesthrough anarbitration award. In this case, in addition to the provisions of the preceding paragraphs of this Article, the followingshall be observed:

 

a) The arbitration agreement to examine the existence of damages shall be taken as "notice of arbitration" within the meaning of paragraph 6 of this Article;

 

b) This paragraph shall not be applied to a dispute concerning a particular investor which has been previously resolved and where protection of res judicata applies. If an investor had submitted claims regarding the measure at issue in the Joint Committee to local courts or an arbitration tribunal of the Host State, the arbitration to examine damages can only be initiated after the withdrawal of such claims by the investor in local courts or an arbitration tribunal of the Host State. If after the establishment of the arbitration, the existence of claims in local courts or arbitral tribunals over the contested measure is made known to the arbitrators or the Parties, the arbitration will be suspended.

 

c) If the arbitration award provides monetary compensation, the Party receiving such compensation shall transfer to the holders of the rights of the investment in question, after deducting the costs of the dispute in accordance with the internal procedures of each Party. The Party to whom restitution was granted may request the Arbitral Tribunal to order the transfer of the compensation directly to the holders of rights of the affected investment and the payment of costs to whoever has assumed them.

 

PART IV

Agenda for FurtherInvestment Cooperation and Facilitation

 

Article 26

Agenda for Further Investment Cooperation and Facilitation

 

1.       The Joint Committee shall develop and discuss an Agenda for Further Cooperation and Facilitation on relevant topics for the promotion and enhancement of bilateral investment.

 

2.       The issues to be initially discussed by the Parties will be agreed upon in the first meeting of the Joint Committee.

         

3.       As a result of the discussions in the Joint Committee regarding the Agenda for Further Cooperation and Facilitation, the Parties may adopt additional commitments.

 

PART V

Final Provisions

 

Article 27

Amendments

 

1.       This Agreement may be amended at any time at the request of either Party. The requesting Party must submit its request in written form explaining the grounds on which the amendment shall be made. The other Party shall consult with the requesting Party regarding the proposed amendment and must also respond to the request in writing.

 

2.       Any agreement to amend this Agreement pursuant to this Article must be expressed in writing, whether in a single written instrument or through an exchange of diplomatic notes. These amendments shall be binding on the tribunals constituted under Article 25 of this Agreement and a tribunal award must be consistent with all amendments to this Agreement.

 

3.       Amendments shall enter into force according to the procedure described in Article 28.

 

Article 28

Final Provisions

 

1.       Neither the Joint Committee nor the Focal Points or Ombudspersons shall replace or impair, in any way, any other agreement or the diplomatic channels existing between the Parties.

 

2.       Without prejudice to its regular meetings, after ten (10) years of entering into force of this Agreement, the Joint Committee shall undertake a general review of its implementation and make recommendations for possible amendments, if necessary.

 

3.       This Agreement shall enter into force ninety (90) days after the date of the receipt of the second diplomatic note indicating that all necessary internal procedures with regard to the conclusion and the entry into force of international agreements have been completed by both Parties.

 

4.       At any time, either of the Parties may terminate this Agreement by providing written notice of termination to the other Party. The termination shall take effect on a date the Parties agree on or, if the Parties are unable to reach an agreement, three hundred and sixty-five (365) days after the date on which the termination notice is delivered.

 

In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

 

Done at Brasilia, on the second of May, 2018, in two originals, in the Portuguese and English languages, all texts being equally authentic. In the event of a dispute as to the terms of this Agreement, the English version shall prevail.

 

FOR THE FEDERATIVE REPUBLIC OF BRAZIL

Aloysio Nunes Ferreira

Minister of Foreign Affairs

 

Marcos Jorge de Lima

Minister of Industry, Foreign Trade and Services

 

 

FOR THE REPUBLIC OF SURINAME

Yldiz Pollack-Beighle

Minister of Foreign Affairs

 

Lekhram Soerdjan

Minister of Agriculture, Animal Husbandry and Fisheries


MEMORANDUM OF UNDERSTANDING ON THE INTERINSTITUTIONAL COOPERATION BETWEEN FEDERAL POLICE OF THE FEDERATIVE REPUBLIC OF BRAZIL AND POLICE CORPS OF THE REPUBLIC OF SURINAME

 

The Federal Police of the Federative Republic of Brazil and the Police Corps of The Republic of Suriname hereinafter referred to as “the Parties”;

 

Whereas the bilateral relations and the relevant international instruments demand the definition of an institutional framework for the exchange of best practices and technical cooperation between the police units in charge of maintaining citizen security;

 

Mindful that the offences committed by transnational criminal organizations such as illicit trafficking of narcotic drugs and psychotropic substances, illicit arms trafficking, trafficking in persons, money laundering and terrorism are on a global dimension and scale, and pose serious threats to the security and stability of the region;

 

Convinced of the relevance of exchange of best practices and of cooperation between police institutions of both countries as an instrument to maintain national security, to effectively fight transnational organized crime and other criminal modalities;

 

Agree as follows:

 

ARTICLE 1

Object

 

The object of this Memorandum of Understanding on the Interinstitutional Cooperation is to strengthen bilateral cooperation so as to address transnational organized crime; this includes the prevention of and the fight against narcotic drugs and psychotropic substances, terrorism, traffic in persons, illegal trafficking in fire arms, ammunition, explosives and their parts, money laundering, document falsification and cyber crimes.

 

ARTICLE 2

Goals

 

1.       For effective implementation of this Memorandum, the parties commit, without affecting any other form of cooperation within the jurisdiction of the parties, to pursue the following aims:

a.       Promote capacity building and training of policemen;

b.       Exchange expertise in order to organize seminars, conferences and other events on subjects within the scope of this Memorandum of Understanding on the Interinstitutional Cooperation aimed at disseminating best practices and interaction between the Parties;

c.       Exchange experience, expertise and best practices on matters of interest of the Parties;

d.       Promote exchange of technologies and specialist equipment;

e.       Develop exchange of information in accordance with the national and international legislations;

f.        Render assistance to investigation programmes; and

g.       Offer scientific and technical support.

 

ARTICLE 3

Focal Points

 

1.       Cooperation shall be implemented through establishment of focal points designated by the Parties so as to enable exchange of information in a fast and secure way.

 

2.       Each Party shall assess the necessity to designate one or more focal points, thereby considering the activities to be implemented under the Memorandum as referred to in Article 2.

 

ARTICLE 4

Execution

 

If necessary, the execution of this Memorandum shall occur through specific protocols of implementation.

 

ARTICLE 5

Assessment Mechanism

 

1.       If necessary, the Parties shall engage in consultations to assess the implementation of this Memorandum.

2.       These consultations shall serve to elaborate work programmes and agendas, identify possible difficulties for proper cooperation, and examine the convenience of the complementation or modification of this Memorandum of Understanding on the Interinstitutional Cooperation.

3.       The consultations may, by mutual consent of both Parties, be held by video conference.

 

ARTICLE 6

Priority in the Compliance of the Requests

 

The Parties shall, as far as possible, prioritize compliance of the requests under this Memorandum and as such respond as soon as possible.

 

ARTICLE 7

Information Security

 

1.       The information, data, documents and results of the application of this Memorandum shall only be consulted by the Parties, and shall not be disclosed to third parties without written consent of the Parties.

 

2.       The documents, information and other knowledge obtained as a result of the implementation of this Memorandum shall be protected in accordance with the national legislation of each party which applies to this matter.

 

ARTICLE 8

Costs

 

1.       Unless otherwise decided by the Parties, the funds required for the implementation of this Memorandum shall be assumed by them, in compliance with the internal budgetary requisites of each institution.

2.       The terms to this Memorandum of Understanding on the Interinstitutional Cooperation shall not involve transfer of resources between the Parties.

 

ARTICLE 9

Dispute Resolution

 

Any dispute resulting from the interpretation or implementation of this Memorandum shall be amicably settled through direct consultations and negotiations between the Parties.

 

ARTICLE 10

Interpretation

 

1.       This instrument shall not be prejudicial to or, in no way whatsoever affect or impact the provisions under the current national or international legislation of the respective countries.

 

2.       This Memorandum shall not affect the rights or commitments under bilateral or multilateral instruments concluded between the Parties.

 

ARTICLE 11

Amendment

 

1.       This Memorandum of Understanding on the Interinstitutional Cooperation may be amended by mutual agreement of both parties upon written request of the interested party.

2.       Amendment shall occur by means of a separate protocol and shall enter into force in accordance with Section 1 of Article 12.

 

ARTICLE 12

Effective Date and Termination

 

1.       This Memorandum shall enter into force upon the signature of the last Party and shall remain effective for an indefinite period.

2.       This Memorandum of Understanding on the Interinstitutional Cooperation may be terminated by either Party with a written notice to the other Party, 90 days prior to its intention to reject it.

3.       The termination of this Memorandum implies the termination of the protocols of execution resulting thereof, and the Parties shall decide on the continuity of activities already underway.

 

All three versions in the Portuguese, Dutch and English languages are equally  authentic.

 

 

Brasília, Brazil –  May 2nd, 2018.

 

 

RAUL BELENS JUNGMANN PINTO

Extraordinary Minister of Public Security of Brazil  

 

STUART H. GETROUW

Minister of Justice and Police of Suriname


MEMORANDUM OF UNDERSTANDING TUSSEN DE FEDERALE POLITIE VAN DE FEDERATIEVE REPUBLIEK BRAZILIË EN HET KORPS POLITIE SURINAME VAN DE REPUBLIEK SURINAME INZAKE INTERINSTITUTIONELE SAMENWERKING

 

De Federale Politie van de Federatieve Republiek Brazilië,  en het Korps Politie van de Republiek Suriname hierna genoemd "de Partijen";

 

In aanmerking nemende dat de bilaterale relaties en de relevante instrumenten de omschrijving van een institutioneel raamwerk vereisen voor de uitwisseling van best practices en technische samenwerking tussen de politie eenheden verantwoordelijk voor de handhaving van de burgerveiligheid;

 

Bewustzijnde dat de gepleegde misdrijven door de grensoverschrijdende criminele organisaties, zoals de illegale handel in verdovende middelen en psychotrope substanties, de illegale wapenhandel, de mensenhandel, het witwassen van geld en het terrorisme, een wereldwijde omvang en bereik hebben, en serieuze bedreigingen vormen voor de veiligheid en stabiliteit van de regio;

 

Overtuigd zijnde van het belang van de uitwisseling van best practices en van de samenwerking tussen de politie instituten van beide landen als een instrument om de binnenlandse veiligheid te waarborgen, ter bestrijding op een effectieve wijze van de grensoverschrijdende georganiseerde criminaliteit en andere strafbare modaliteiten;

 

Komen het volgende overeen:

 

ARTIKEL 1

Hoofddoel

 

Het doel van dit Memorandum of Understanding inzake Interinstitutionele Samenwerking is om de bilaterale samenwerking te verstevigen teneinde de grensoverschrijdende georganiseerde misdaad aan te pakken, inclusief de preventie van en de strijd tegen verdovende middelen en psychotrope substanties, terrorisme,  mensenhandel, illegale handel in vuurwapens, munitie, explosieven en haar delen, het witwassen van geld, de vervalsing van documenten en cyber misdrijven.

 

ARTIKEL 2

Doelen

 

1.       Voor de effectieve implementatie van dit Memorandum, verplichten de partijen zich, zonder afbreuk te doen aan andere vormen van samenwerking binnen de bevoegdheid van de partijen, om de volgende activiteiten te ontplooien:

a.       Het bevorderen van capaciteitsopbouw  en training van politiemannen;

b.       Het uitwisselen van expertise teneinde seminars, conferenties en andere evenementen over dit onderwerp, binnen de werkingssfeer van dit Memorandum of Understanding inzake Interinstitutionele Samenwerking , te organiseren gericht op de verspreiding van best practices en interactie tussen de Partijen.;

c.       Het uitwisselen van ervaringen, expertise en best practices over vraagstukken die van belang zijn voor de Partijen;

d.       Het bevorderen van de uitwisseling van technologieën en gespecialiseerde uitrusting;

e.       Het ontwikkelen van de uitwisseling van informatie in overeenstemming met de nationale en internationale wetgeving;

f.        Het geven van ondersteuning bij onderzoekprogramma's; en

g.       Het aanbieden van wetenschappelijke en technische bijstand.

 

ARTIKEL 3

Focal Points

 

1.       De samenwerking zal worden uitgevoerd door middel van het instellen van focal points die worden aangewezen door de Partijen om de uitwisseling van informatie, op een snelle en veilige manier mogelijk te maken.

2.       Elke Partij zal de noodzaak voor het aanwijzen van één of meer focal points beoordelen, met inachtneming van de in artikel 2 bedoelde activiteiten, die in het kader van dit Memorandum uitgevoerd moeten worden.

 

ARTIKEL 4

Uitvoering

 

Indien nodig, zal de uitvoering van dit Memorandum door middel van specifieke uitvoeringsprotocollen plaatsvinden.

 

ARTIKEL 5

Beoordelingsmechanisme

 

1.       Indien nodig, zullen de Partijen raadplegingen houden om de uitvoering van dit Memorandum te beoordelen.

2.       Deze raadplegingen dienen om werkprogramma's en agenda’s in detail uit te werken, het identificeren van eventuele moeilijkheden voor een goede samenwerking, en het nagaan van het voordeel van de aanvulling of wijziging van dit Memorandum of Understanding inzake Interinstitutionele Samenwerking.

3.       De raadplegingen kunnen met wederzijdse goedvinding van de partijen via videoconferentie gehouden worden.

 

ARTKEL 6

Prioriteit bij de Naleving van Verzoeken

 

De Partijen zullen voor zover mogelijk, prioriteit geven aan de verzoeken in het kader van dit Memorandum en als zodanig zo spoedig reageren.

 

ARTIKEL 7

Informatiebeveiliging

 

1.       De informatie, gegevens, documenten en resultaten van de toepassing van dit Memorandum worden slechts door de Partijen geraadpleegd en worden niet aan derden bekend gemaakt zonder de schriftelijke toestemming van de Partijen.

2.       De documenten, informatie en overige verkregen kennis die voortvloeien uit de uitvoering van dit Memorandum worden beveiligd in overeenstemming met de nationale wetgeving van elk der partijen die van toepassing op dit onderwerp is.

 

ARTIKEL 8

Kosten

 

1.       Tenzij anders beslist door de Partijen worden de geldmiddelen nodig voor de uitvoering van dit Memorandum ten laste genomen door de partijen, in naleving van de interne budgettaire vereisten van elk der instituten.

2.       De voorwaarden van dit Memorandum of Understanding inzake Interinstitutionele Samenwerking brengt niet met zich mee de overdracht van middelen tussen de Partijen.

 

ARTIKEL 9

Beslechting van Geschillen

 

Elk geschil dat voortvloeit uit de interpretatie of implementatie van dit Memorandum zal op vriendschappelijke wijze worden beslecht door middel van rechtstreekse raadplegingen en onderhandelingen tussen de Partijen.

 

ARTIKEL 10

Interpretatie

 

1.       Dit instrument zal niet nadelig zijn of op geen enkele wijze afbreuk doen aan of van invloed zijn op de bepalingen van de geldende nationale en internationale wetgeving van de respectieve landen.

2.       Dit Memorandum doet geen afbreuk aan de rechten of verplichtingen

 voortvloeiende uit bilaterale of multilaterale verdragen tussen de Partijen gesloten.

 

ARTKEL 11

Wijziging

 

1.       Dit Memorandum of Understanding inzake Interinstitutionele Samenwerking kan door wederzijdse instemming van beide Partijen gewijzigd worden na schriftelijk verzoek van de belanghebbende partij.

2.       De wijziging vindt plaats door middel van een aparte protocol en treedt inwerking overeenkomstig artikel 12 lid 1.

 

ARTIKEL 12

Ingangsdatum en Beëindiging

 

1.       Dit Memorandum treedt inwerking na de ondertekening van de laatste Partij en

blijft gedurende onbepaalde tijd van kracht.

2.       Dit Memorandum of Understanding inzake de Interinstitutionele Samenwerking

kan door elk der Partijen ontbonden worden middels schriftelijke opzegging aan de

andere Partij, 90 dagen voor de intentie om het op te zeggen.

3.       De ontbinding van dit Memorandum brengt met zich mee, de beëindiging van de

daaruit voortvloeiende uitvoeringsprotocollen, en de Partijen zullen beslissen over de voortzetting van de activiteiten waarmee reeds een begin is gemaakt.

 

Alle drie versies, in de Nederlandse, Portugese en Engelse taal, zijn gelijkelijk authentiek.

 

Brasilia, Brazilië – 2 mei 2018

 

 

RAUL BELENS JUNGMANN PINTO

Buitengewoon Minister van Openbare Veiligheid van Brazilië        

 

STUART H. GETROUW

Minister van Justitie en Politie van Suriname

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