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20 de outubro de 2014
Pg. 47. Seção 1. Diário Oficial da União DOU de 21/09/1964

Pág. 47. Seção 1. Diário Oficial da União (DOU) de 21 de Setembro de 1964

Página 47 Seção 1 21/09/1964DOU

Publicado por Diário Oficial da União (extraído pelo JusBrasil) - 50 anos atrás

Segunda-feira 2,

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Én connection with presenting Lhe applictetion which has resulted in the authorization of Lhe laan by A.I.D.,

or ia connection with negotiations tincident to obtaining the loan, have been or will be mede or agreed to be mace to any person, firm or corporation, cther than Lhe regular Compensation to °Melais and full-time

officers and employees of said partes or for bona fide professional, technical or other comparable servi-CE.5 .

çb nid parties shall promptly report to A.I.D. information ou any. comalisk-ions, Ices ar payments speclfied iii subsection 8.6. (a) hereof whieh are macio after the effectiVe

date of this Ageeement

te) Said parties cOvenant that all commission.s, fee,s or payments determined by A.I.D. to be unreasonala e shall be adjusted In a manner eatiefactcry te A.I.D. and that every

aecipient of any such commission, ice or payment shall be informed of

this condition.

Records; Reports; SECTION 8.7.

Insperrons.

(a) The Bank shall inaintain or caltee to be maintained, in accordan. ce with s.ound accounting • practices,

books and receais adequate to identify Eligible Iteras, to diselose -the coal, and use thereof In Lhe Program, to ehow the nature aind extent of the

solicitation of prospectave suppliers and Lhe basis for Lhe avatrd of contracts or ordere, and tO indicate the

progress of the Program. The Bank and C.N.C.R. ehall aleo maintain

sueis boolas and recorda M coruscotion with the Fund fo sliow Lhe uses of Lhe 'Fund and to inclicate Lhe status of ali traneactions financed thereftom. Ali such booka and recorria e.hall be maintained until five years atter Lhe final disburaement pursuant to this .agreement.

(b) . Such books and moreis ãtall be open at ali times for examination by authorized representativas of Lhe Borrower and A.I.D., which procedure is

consistent with Article

Section 5 of the agreement between .the Borrower and the Government

of Lhe United States of America

sigined ou May 30, 1953 and subsequently approved by Lhe Brazilian Congress For this purpose, if the Borrowei

. and A.I.D. mutually

agree, the Bank may

inaniu-lin, within its

accounting system, a segregated Set

bf books and records for ali transactone epec.ifically related te the Jean. Examination of the booke and recorda

be carried Out In "

p

ractlee ha

procedures which May inalada the tfoliowing whenever mutualli agreed tto by Lhe Borrower and A.I.D.:

(1)

Joint anditing under mutual-1y agreed" conditions.

(2)

Th: use of independent auditors selectod by the Borrower and acceptable to A.1 D.

(3)

The inapection outside Lhe premises of the Ilorrower of certified documentation relating to the Loca.

(c) Th:: Borrower, the Bank and C.N.O.R. ehall o p

onente wIth, and

give reasonable assistance to, en4 shall facilitato inspection by A.I.D.

with respect to Lhe execution of the 'activities related to the Pro

peenn in e

confortnity with this Agreement and 'ehall afforcl ali ceasonnble onportanity for author ed representatives of A.I.D. to visit any part. ef terr

i -(

tory of Brazil for purpeses reaated ,to roia Aencnient.

(d) The Borrower, the .Bank and (

C.N.C.R. shall promptly furnish

such financiei and other ret

ports and information relating to 'the Icem ar transactions purseant

this Agreernent and any covenants' aI this Aareement as A.I.D. mny request.

DIÁRIO OFICIAL (Seção 1 — Parte

SECTION 8.8;

Proportionate Lirnt.

tation on Disbursements.

Lean funda

shall not be used to finance more

than seventy-five penent of any payment mede pursuant to

• a letter of

credit. The remaining amount shall

be financed by Brazilian resources.

SECTiON 8.9.

Duration Letters

of C'redit:

Letters of credit opened

for the Program shall be limited in

Lhe duration of their validity to ninety days from Lhe date of issuance.

ARTICLE IX

Rentedies of A.I.D.

SECTION 9.1. Events of Default;

Acceleration.

If any of Lhe following

events ("Events of Defaulti occurs:

(a) The Borrower falis to pay ia

full when due any installmen.

ts of Principal or interest or

any other payment required

under this Agreement;

(b) The Borrower, Lhe Bank or

C.N.C.R. fali to comply with

any other provision contained

herein;

(c)

Any representation or warranty mane- by or ou behalf of

the I3orrower, Lhe Bank; or

0.N.C.R. with respect to ob-• taining this leen . or mede or

required to be mode hereunder isedetermined by A I.D.

to be ' incorrect in any material respect;

(d) A default occurs under any

other agreement between the

Borrewer and Lhe United atates of America ar any of its

agencies;

then, A.I.D. at lis option, may declare ali or any part of the unrepaid

Principal to be duo and payable Memediately, and upon any such declaration, u,nle.ss Lhe default

is cured

within thirty (30) days thereafter

such Principal and interest accrued

thereon shall become de and payable immediately.

SECT1ON 9.2. Termination o/ Disbursements; Transfer- o/ Undclivered

Gagas to A.I.D. II ab ahuy time:

(a) An Event cl Default menu;

(b) An event occurs which A 1.D.

determines to be an extraordinary situation which mexes

it improbablo that Lhe purposes of this loan will be attalned or that the Borrower, lhe

Bank, or C.N.C.R. will be

able to perform their obliga.

tions hereunder; or

(c) Any disbursement would be in

violantion of the hm gover-, • ning A.I.D.;

then, A.I.D. at its option, atter glving prior detalled notice In writing

to the Borrower, Lhe Bank and C.

N. C. R., may (1) decline to issue

further commitment documenta; (2)

stispend or cancel outstanding com.

mitment documenta to the extent

that they haVe not been utilized

through Lhe lestiance of irrevoeable

letters of credit ar through bank pay.

menta mede other than uxider irre.

vocable letters of credit, giving notice to Lhe Borrower, the Bank and

C.N.C.R. proniptly thereafter; (3)

decline to inake disbursements otner

than under co.nmitment documenta;

and (4) at A I.D.'s expense. direct

I)

Agreement for any Eligible Item

Is

not supported by valid documentati-ou submitted by Lhe Borrower, Lhe

Bank or C.N.C.R. in accordance with the terms of this Agreement, or is in violation of Lhe law governing A.I.D. (including A.I.D. regulations

applicable to the Prog,ram) A I.D., at its option, may, notwithstand;ng

the availability of any

' othee iemedy

provided for In Section 9.2, require

Lhe Borrower to refund to AI D. within thirty (30) days atter receipt of a request therefor an amount not

to exceed the amount of sucia dia_ bursemenb. Any such refunel recai ved by A.I.D. shall be .apolied

as

provided in Section 2.3, and ãmounts applied to Lhe rernaining instellroents of Principal ellen be aplied In inverse order of their maturity. Ne request shall be mede by A.I.D. puxa suant to this section later ellen live (5) years atter the date of the final disbursement pursuant to this Agreeinent.

Waivers o/ Default. SECTION 9.4.

No delay ia exercising or omaeion lo exercise, any right, power or eillerly accruing to A.I.D. under thie Are. ement shell be construed na a wniver of any such rights, powers or reme_ dies.

SECTTON 9.5. EXpC71SCS o/

reasonable costs ineurred Ali

by A.I.D. (other than salaeie- afita staff) atter an Event of Drfault lias occured In connection with the col. lection of amounts due under this Agreement, may be charged to Lhe Borrower and reimbursed as A.I.D. shall %per ify.

ARTICLE X

Miscelleneoug

i ve Date. Thts

SECTION 10.1. Ellect

as

Agreement shall enter into effect,

of Lhe day and year first abuse written,

.CTION 10.2. Use of

tiv SeEs

Ali actiona requircd or punes-(6)

teci to be performed or taken ;ander this Agreement by time Borrower. Lhe B,ank., C.N.C.R. or. A.I.D. may be

, pective duly

performed by their re

atithorized representatives.

(b) The individuais desartnated

low shall have authority ,to represcnt*

partias by which they are below

. wan

designated In a r,cora nci

time above subeeCtion and .ahall hnve the authority to designate other anch

, entarepresentativas. Ali such repre

tives, unless A.I.D. is elven notiee

• to

otherwise, shall have authoeity

aaree on behalf of such partIe.s to any modification • or amplifica.tion of this 'Agreement which d es not s ubapartias' °bittantially increare such

gations hereunder. Until recetpt by A.I.D. of written notice of revocea tion by any such party 01 the anaterity of any of lts representativas, A.I.D. may accept time - signature Of such representativos on any instrnment na conclusivo evidence that any action effected by such in'trunlent is guthorized.

For Borrower: Minister of Finance For the Binik President

For C.N.C.R.: Ministér of

culture

Rui.

SECTION10.3. Successore to

Setembro de 1964 8455

with the laws of Lhe District of Columbta, United States of America.

SECTION 105. Contmuns ca Pons. Any commun:cation or document

mode or sent by the Borrower, Bank, C.N.C.R. or A.I.D. pursuant to this Agreement shall be In writing and .1411 be deemed to have beca duly given, mode or tent to time partv to which it ie addressed when

i t shill

lia delivered by hand or by mel, teleeram, cable ar radlogTam to such party at the following addressce:

To the Rorrower:

Ma ; ) Address:

Ministério da Fazenda

Rio de Janeiro.

Cable Address:

MINIFAZ -R i o el e Janeiro

To lhe Bank:

Meti Address:

Banco do Breei], S.A

Rua 1 9 dl' Março, 66 — 49 andar Rio de Janeiro

Brasil

Calar eddress:

SATELITE

R i

a de Janeiro

Brasil -To C.N.0

Mail Addresa:

Neti enal Cootaibietieri fer Real] Credit

• Ereame Braga, 255 — 12' and.tr R'o de Janeiro

13easil

c eb l e cid rea

Sam e ne

Te

ele

s1 aadepes:

rei; of Caplat 1ettr90^-aent

A.I.D.

Fele-aveia das

Ferida; Unia dl 5,n4,,rn

,Trin n Irn Breai:

• Aidarss:

• J.D.

na-e- boa-1o, do t Est e tlas Ia- r1e..

anseeica

r'e de Janeiro, Brasil

na lier eddres hn

e es mcv

• for Lhe bove imon of ne t ' e e as n ensei Od hereto

ell etnemenicet

i en• r de-em-nal

e ulon'itad te

sh,d1 bs ti wfv-q1 ntvi

n111 (,,•1-1-rge•,,

oral

enaineerine eepearas.-11,-1,

• be In te ema of Thri tprl P.4",tng

OM^fl,t ft 01 A 1 T)

sso r-ort e r

othersaNn p•"-^e irt ‘7”ifirv,

In. 147: 1 -nP !q

, 'Mirre°, t i-,.'

lin1f•-1 s tn t

ee et' Brasil. the Benet: rIn Firt4 R11. a. A the Ne tiene reraalinniane for Rural C red i t and the TIn't d Sine

tas of Am

rien each ne!ine i

be nee h lis

TPSDre f TVP cinnv

11,1f/v1"Ivrti

c erlittt i vtr, irvo es

pe rfl th iP A(r,,rr,IPnt

to be signed in thP l t

• n ntrf?rflni I p

-lienreO

ne of. lhe dity end year first above wrItten.

UNITT'

sr) STATES OF BRAMI,

Octsvio nulhries

Mint•ter of Fine/Ice

BANCO DO BRASIL S.A.

Uai Luiz Moraes barros

Title: President

UNITED STATES OF AMERICA

B y

: Jeca: s. Klibi.<1.1

Title: Minisi-er-Director

NATIONAL C(SOIRDTNATTON FOR

RURAL CREDIT

By: Hugo de Almeida Tater

Title: Minister of Agriculturo

Concurrences: .

By: Roberto de Oliveira Csmans

Title: Minister of Plonnbig and Economic Coordination

By: Francisco de Assis Gritace

Title: COCAP Coordinator

In the presence of:

Lincoln Gordon United State: Am

gitts A.I.D If, by

operation of any

'activities related to the Pro that title to goods financed hereunder

peenn in

lasv of time United States or by virtue

e

confortnity with this Agreement and shall be transferred to if the

of assignment, any corporate or othea

'ehall afforcl ali ceasonnble onportagoods are from a source outside

agency of Lhe Government of the

Brazil, If a deliverablc state and have

nity for author ed representatives

United States succeeds to Lhe ilehta

of A.I.D. to visit any part. ef terr notabeen officaded ia porta of entry

i -and obligations of under thie

(

tory of Brazil for purpeses reaated of Brada it being understood that

Agreement. euch egency shall be dee-

,to roia Aencnient. t the extent that any costa mima.

med to be A.I.D. Por purposes or

(d) The Borrower, the .Bank and ted with Lhe purchase and transpor.

this Agreement.

(

C.N.C.R. shall promptly furnish tation of these goods have been fl. • •

nanced by the loan, such amounts

such financiei and other re- SECTION 10.4. Applicable

t

shall be deducted from Principal.

ports and information relating to This Agreement shall be deemed to

'the Icem ar transactions purseant

be a contract mede under the laws

SECTION 9.3. Refunds.

this Agreernent and any covenants' of the District of Columbia, United

In the presence of:

aI this Aareement as A.I.D. mny (a) II A.I.D. determines that any States of America and shall lie g,over-

request. disbursement mede by li under

ned by and construed in accordance baa.sador.

B y

gitts A.I.D If, by : Jeca: s. Klibi.<1.1

operation of any

that title to goods financed hereunder

Title: Minisi-er-Director

lasv of time United States or by virtue

shall be transferred to if the

of assignment, any corporate or othea

NATIONAL C(SOIRDTNATTON FOR

goods are from a source outside

agency of Lhe Government of the

RURAL CREDIT

Brazil, If a deliverablc state and have

United States succeeds to Lhe ilehta

notabeen officaded ia porta of entry

By: Hugo de Almeida Tater

and obligations of under thie

of Brada it being understood that

Agreement. euch egency shall be dee- Title: Minister of Agriculturo

t the extent that any costa mima.

Concurrences: .

med to be A.I.D. Por purposes or

ted with Lhe purchase and transpor.

By: Roberto de Oliveira Csmans this Agreement.

tation of these goods have been fl. • •

Title: Minister of Plonnbig and nanced by the loan, such amounts

SECTION 10.4. Applicable

Economic Coordination

shall be deducted from Principal.

This Agreement shall be deemed to

By: Francisco de Assis Gritace

be a contract mede under the laws

Title: COCAP Coordinator

SECTION 9.3. Refunds.

of the District of Columbia, United

In the presence of:

(a) II A.I.D. determines that any States of America and shall lie g,over-Lincoln Gordon United State: Amdisbursement mede by li under

ned by and construed in accordance baa.sador.

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Disponível em: http://www.jusbrasil.com.br/diarios/2951998/pg-47-secao-1-diario-oficial-da-uniao-dou-de-21-09-1964