Revista Brasileira de Direito Aeroespacial
The Brazilian Space Agency and the
National Legal Framework of Space Activities
Walteno Marques da Silva, Antonio Temóteo dos Anjos Sobrinho,
Altair Stemler da Veiga and Gustavo Henrique Trindade da Silva,
Lawers and Members of the Space Law Studies Core – NEDE/SBDA
First, it should be said that the Brazilian Space Agency (AEB) is a civilian authority within the purview of the Ministry of Science and Technology, established by law 8.854, on February 10, 1994, with the purpose of "promoting the development of space activities in the interest of the country" with the competence to "formulate norms and issue licenses and authorizations relative to space activities".
The Presidential Decree 1.332, issued on December 8, 1994, had the purpose to approve the National Policy for the Development of Space Activities (PNDAE), and in its Annex, item II, nº 3 it states:
" Space activities are seen as the systematic effort to develop and operate space systems, as well as the necessary and corresponding infrastructure, with the purpose to allow mankind to improve his knowledge of the Universe, in particular of the Earth and its atmosphere, and to explore with useful purposes the availability of these new devices."
The previous quotation of the Presidential Decree shows that the Brazilian Space Agency (AEB) has the legal competence to formulate and execute the National Policy for the Development of Space Activities, as well as to formulate norms, and issue licenses and authorizations relative to space activities, among which the regulation for the implementation of space launching operations.
We may also state that these launching operations will play a strategic and outstanding role in the strengthening of the efforts carried out with the purpose of achieving the effective commercial exploration of Alcântara Launch Center (CLA). The Center, due to its privileged geographic location enfolds conditions to make Brazil internationally competitive and provide a wide range of services, especially orbit launching services.
However, we cannot forget that this fateful reality has generated a huge international expectation regarding the creation of a systematic body of written rules with the purpose of regulating the potential services to be provided by the Brazilian State, via Alcântara Launch Center (CLA), in particular by the unremovable legal safety demanded by most of the countries that have presented an interest in promoting launchings from the Brazilian territory.
Nevertheless, the consolidation of the Brazilian competition in this share of the market will depend on a very important issue, that should not be left aside concerning the administrative and operational flexibility necessary for an effective fulfillment of the current requirement, in order to speed the Brazilian negotiations concerning the future launchings from CLA.
In this regard, we appreciate the convenient initiative of the Brazilian Space Agency (AEB) in facing the challenge of elaborating what we dare call the embryo of the National Space Law codification , in particular due to the urgent need for a Brazilian legal regime, in accordance with international tools to permit the exploration and commercialization of Brazilian space infrastructure, and guarantee the legitimate defense of its interests in face of the space activities resulting from the existing requirements.
It is important to point out some of the rules published by the Brazilian Space Agency (AEB):
RESOLUTION 51, issued by AEB Superior Council, on January 26, 2001, establishes the guidelines for the elaboration of the Regulation on the concession, surveillance and control of licenses relative to space launchings, on a commercial basis, from the Brazilian territory, published at the Union Official Journal Section 1, on January 31,2001 (ANNEX I).
REGULATION 8, of 14 February 2001, in which the President of the Brazilian Space Agency approves the Regulation on proceedings and definitions of the necessary requisites for the requirement, assessment, forwarding, control, follow-up and surveillance of a license relative to the execution of space activities in the Brazilian territory, published at the Union Official Journal Section 1, on February 19, 2001 (ANNEX II).
If, on one hand we may observe that these rules do not meet the needs of the future international partners interested in launchings from the Alcântara Launch Center (CLA), which is perfectly clear; on the other hand, we cannot forget that at current we have at least one embryo of rules on the proceedings for the requirement, assessment, forwarding, control, follow-up and surveillance of a license relative to the execution of space activities on a commercial basis in the Brazilian territory, which Regulation, enfolding 29 articles, is presented as follows:
CHAPTER I – GENERALITIES (Articles 1 to 5) presents the definition of a license, excluding space activities carried out by the governmental agencies; foresees the possibility of applying restrictive provisions or conditions; deals with resources and criteria for the control, follow-up and surveillance of certified activities; presents the concept of damage relative to civil liability.
CHAPTER II – DOCUMENTS AND CERTIFICATION (Articles 6 to 14) defines the criteria for legal certification, technical qualification, economic-financial qualification and fiscal regularity of the interested corporations , as well as the conditions for the presentation of documents; establishes the need for a declaration stating that the corporation shall be licensed by its native country to carry out the activities proposed and shall have a legal representative in Brazil, with full powers to respond administrative and legally; demands that the documents presented by foreign corporations be original or authenticated in their original language and translated by a sworn translator, considers the possibility of AEB demanding the term of responsibility for the safeguard of technology transfer , under the conditions determined by the competent authorities of the Brazilian government; presents the need for a policy on damages caused to third parties, if this is the case, accordingly to the nature and risk of activities carried out and in accordance with the amount previously set by AEB.
CHAPTER III – PROCEEDINGS FOR CERTIFICATION (Articles 15 to 19): defines step by step proceedings to be observed by corporations when presenting their documents and defines the competence of the Special Commission for Certification.
CHAPTER IV – ADMINISTRATIVE PENALTIES (Articles 20 and 21): defines the administrative penalties to which the transgressor of the rules set at the Regulation is subject and the criteria for its application.
CHAPTER V – ADMINISTRATIVE APPEAL (Articles 22 to 24): establishes proceedings for the intervention and judgement of appeals.
CHAPTER VI – FINAL PROVISIONS (Articles 25 to 29): is relative to the advertisement of the administrative rules resulting from the application of the Regulation; foresees the publication of a rule on the collection of fees for the granting of a license and complementary instructions aiming at the execution of technical and administrative actions relative to proceedings on licensing.
It should be noted the existence of rules stated below since they are strictly related to the licensing of space activities in the Brazilian territory.
RULE SRF/MF 29, of 15 March 2001 on the customs regime for temporary admission of goods aimed at satellites launchs at Alcântara Launch Center (CLA), published at the Union Official Journal Section 1, on March 19,2001 (ANNEX III)
REGULATION CA/MD 100/GC4, of 25 February 2001, on the record of companies and goods of the airspace industry aiming at the agreement ICMS, published at the Union Official Journal Section 1, on February 23, 2000 (ANNEX IV).
Regarding the space activities regulation, we may point out two major issues: the first concerning the studies carried out by the members of the Space Law Studies Core (NEDE/SBDA) from December 1997 to November 1998, concluded with the preparation of a draft of an anti-project on " the Regulation of Space Launch Activities", which text was published at the Air Space Law Magazine nº 76, pages 43/47; and the second on the fact that AEB has forwarded to the Ministry of Science and Technology a draft of a regulation on the same issue based on the draft presented by NEDE/SBDA.
Considering the judicious observation on the importance of this issue, we have presented below part of the NEDE/SBDA Report :
"The text is less comprehensive from another one hierarchically superior and aims at regulating only the launch activities. Prevailed in the Group’s decision the considerations concerning the convenience and the need for the highlight by the competent and interested sectors of the Brazilian government on a short term to the future users of Alcântara Launch Center, in the great majority foreign companies, of a legal-administrative framework following the firm resolution of presenting the adequate and defined elements for its action and for a trustful and consistent environment".
In the light of the previous information, we may state that RESOLUTION/CSP/AEB 51/2001, as well as the REGULATION approved by Regulation AEB 8/2001, even if under a precarious nature exclusively limited to licenses and by the fact that there is still no specific rule more comprehensive highlight the need for a trustful and consistent environment necessary for the negotiation of future launch contracts and show the concern of AEB in relation to the imperious need for a creation of a set of written rules to discipline in a broader sense the proceedings to be observed for the granting of a license and authorization of space launchings from the Brazilian territory.
It is public and widely known that Brazil may not be isolated from this attractive international market or leave to a second plan the privileged position of Alcântara Launch Center and even the investments made there according to the Deputy Gastão Vieira in his speech at the Chamber of Deputies Session on May 04 as follows: "After the Brazilian government having invested almost US$ 300 million we may not allow that this center be transformed in one more ruin of the city of Alcântara."
To conclude, it is important to advance in the discussions on the generation and consolidation of a legal body comprehensive and proper to the dynamism demanded for the implementation of a safe , efficient and quick flow in the space launch operations on a commercial basis taking the most of the unique characteristic of our space infrastructure and of the growing international interest for launchings from CLA which will result in the relationship among the different competent sectors of the government which institutional mission has an interface with the Brazilian space activities issues.
ANNEX I
RESOLUTION 051/CSP/AEB, of 26 January 2001
The Brazilian Space Agency (AEB) Superior Council, in the use of its attribution stated by item VIII, Article 4, Annex I of Decree 3566, of 17 August 2000, and considering item VII, Article 5, Chapter III of its Regulation and further to the Treaties and Conventions that regulate the space activities of which Brazil is a member, in its Ordinary Meeting held on December 14, 2000, decides:
Article 1 - For the purpose of concession, surveillance and control of a license relative to space launchings, on a commercial basis, from the Brazilian territory, the Brazilian Space Agency (AEB) shall observe the guidelines established at this Resolution while there is no specific general rule on space launching activities.
Single Paragraph - The content of this Resolution does not apply to space launching activities carried out by Brazilian government agencies.
Article 2 - For the effect of this Resolution, it is considered a license the administrative act of the competence of AEB through which the exercise of launching activities is granted in the Brazilian territory, in accordance with norms and conditions established at the legislation in effect.
1º The license shall be one of the requisites for the formalization and the granting of the authorization request for a specific launching from the Brazilian territory.
2º It will only be granted a license to single corporations, in association or consortiums with a legal representative or headquarter in Brazil, with full powers to respond administrative or legally on condition that they are technically and administratively capable to carry out launching activities.
3º For the concession of the license, AEB shall demand from the corporation a commitment to safeguard the technology transfer accordingly to the conditions determined by the competent Brazilian authority.
4º The corporation shall prove that it is licensed by its native country to carry out space activities accordingly to Article 6 of the Treaty Relative to the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies.
5º In case a request for a license is made by associate corporations, the proof referred to in paragraph 4 shall correspond to the native country of each one of the associate corporations.
6º The license shall be granted on a specific term, and depending on the case, due to the amortization of investments carried out by the licensed corporation.
Article 3 - The license shall be granted by AEB under the Resolution of this Superior Council.
Article 4 - The license shall be suspended or cancelled:
I – in case of bankruptcy of the licensed corporation;
II – if the licensed corporation carries out a different activity from the one it has been approved;
III – if the licensed corporation carries out services disregarding the Brazilian law;
IV – if it is proven the loss of technical skill or financial condition of the licensed corporation to continue implementing launching activities for which it has been certified.
Article 5º - The activities of the licensed corporations shall be controlled, followed and supervised by AEB.
Single paragraph – AEB will directly or indirectly carry out the control, follow-up and surveillance of the activities of the licensed corporations, of its representatives, outsourced and associated permitting the celebration of agreements with public or private agencies or the outsourcing of third parties to this end.
Article 6 – In case any provision of this Resolution or its Regulation is violated, AEB may subject the licensed corporation to the following penalties, ensuring the contrary and its full defense:
I – warning;
II – temporary interruption of the license;
III – cancellation of the license.
Single paragraph – The penalties foreseen in this article shall be applied by this Superior Council, allowing the President of AEB, ad referendum of this Council, to apply them in case of emergency with immediate effect.
Article 7 – The licensed corporation shall respond for the damages caused to third parties resulting from the activities carried out and AEB shall demand for the granting of the license a regularly updated policy to cover damages under its responsibility.
Article 8 – The President of AEB shall dispose on the basis of a Regulation on the proceedings and specific requisites for the forwarding, examination and expedition of the license, as well as for the control, follow-up and surveillance of space activities of the licensed corporations.
Article 9 – The Forum of Brasilia shall be elected to resolve any dispute resulting from the matter of this Resolution.
Article 10 – This resolution is effective at the date of its publication.
LUIZ GYLVAN MEIRA FILHO
ANNEX II
REGULATION 8, of 14 February 2001
The President of the Brazilian Space Agency (AEB) in the use of his attribution stated by item XIII, Article 3, Law 8.854, issued on February 10, 1994, and considering Article 8 of RESOLUTION 51/CSP/AEB, issued on January 26, 2001 decides:
Article 1 – To approve the Regulation on proceedings and definitions of the necessary requisites for the requirement, assessment, forwarding, control, follow-up and surveillance of a license relative to space launchings, in the Brazilian territory, in the form of an Annex.
Article 2 – This Regulation is effective at the date of its publication.
LUIZ GYLVAN MEIRA FILHO
REGULATION ON PROCEEDINGS AND DEFINITIONS OF THE NECESSARY REQUISITES FOR THE REQUIREMENT, ASSESSMENT, FORWARDING, CONTROL, FOLLOW-UP AND SURVEILLANCE OF A LICENSE RELATIVE TO SPACE LAUNCHINGS IN THE BRAZILIAN TERRITORY.
CHAPTER I
GENERALITIES
Article 1 – The Brazilian Space Agency (AEB), civilian authority established by Law 8854, on February 10, 1994, is responsible for the issuance of licenses for the development of space activities in the Brazilian territory, as well as for the control, follow-up and surveillance of the activities carried out by the licensed corporations.
Single paragraph. The content of this Regulation does not apply to space activities carried out by Brazilian governmental agencies.
Article 2 – A license is the administrative act of the competence of the Brazilian Space Agency (AEB), granted by a Resolution of its Superior Council, to a single corporation, in association or consortium, for the development of space activities in the Brazilian territory, in accordance with conditions established in this Regulation.
1º The license shall include restrictive and/or conditioning provisions.
2º Each license shall be granted an identification number for its control, follow-up and surveillance.
3º In order to control, follow and inspect the activities carried out by the licensed corporations, of its representatives or associated, AEB may sign agreements with public or private agencies or outsource third parties to render specialized services in accordance with the pertinent legislation.
Article 4 – The President of AEB shall indicate a representative to inspect the activities stated in Article 3 who might:
I – request from the licensed corporations the presentation of information, data, explanations, declarations, as well as a report on commitments, by means of reports, formularies, consultations, terms and other proper documents;
II – inspect the working sites directly or indirectly related to the space activities carried out by the licensed corporation, as well as control the fulfillment of requisites stated in the specific legislation when this is the case;
III – prepare reports, records and registers of the investigations resulting from its surveillance, determining the correction of failures, omissions or violations of the legal provisions and regulations.;
IV – propose the application of penalties to the licensed corporation in case of irregularities, failures or conflicts for the interests of safety or of the public order;
V – propose the application of administrative proceedings to inspect the responsibility of the licensed corporation;
1ºAEB representative will present a record on all occurrences related to the performance of the licensed corporations.
2º The decisions or actions that go beyond the competence of the representatives shall be proposed to the competent authorities in time for the adoption of the proper measures.
3º AEB shall keep secret on information resulting from its surveillance and shall be committed with the licensed corporation and its associated, representatives or outsourced of not commenting it to third parties nor to permit any public or private agency to do it.
Article 5 – Accordingly to Article 7 of RESOLUTION CSP/AEB/51, of 26 January 2001 it shall be considered damage, the death, personal injuries or any other damage caused to the health, and loss of property of the State or of corporations or of individuals or damages caused by these properties.
CHAPTER II
DOCUMENTS AND CERTIFICATION
Article 6 – For the effect of certification and the granting of a license it shall be demanded from the applicant in particular documents relative to:
I – its legal status;
II – its technical qualification;
III – its economic-financial qualification;
IV – its fiscal regularity.
Single paragraph. The license shall only be granted to single corporations or to corporations in association or consortium with a legal representative or headquarter in Brazil considered legally, technically and financially certified, on a determined term in the act itself considering the period of amortization of investments that will be applied by the licensed corporation.
Article 7 – The documentation relative to the legal certification, accordingly to the case will include:
I – a commercial registration, in case of a physical entity;
II – a legal act, statute or social contract in effect, dully registered in case of commercial corporations and in case of stock companies, the legal document of nomination of its managers;
III – certification of its statute, in case of corporations with the Executive Board of Directors;
IV – authorization decree in case of a foreign company based in Brazil;
V – legal representation in Brazil of the applicant with full powers to be cited or to respond administrative and legally.
Article 8 – The documentation relative to the technical qualification will include:
I – registration or application in the competent professional entity, if this is the case;
II – skill capability for the development of space activities and qualification of the technical members responsible for the works;
III – declaration of the applicant informing that it has been dully noticed on the local conditions for the development of space activities, if this is the case;
IV – term of responsibility relative to the commitment of technology transfer safeguard, in accordance with conditions established by the Brazilian competent authority.
Single paragraph. The confirmation of the qualification indicated in item II may be presented by certificates or any other dully qualified documents.
Article 9 – The documentation relative to the economic-financial qualification will include:
I – the financial balance sheet and financial demonstrations of the last year of exercise, presented accordingly to the law that prove the wealthy financial situation of the applicant, forbidding the replacement of temporary balance sheets, updated by official rates if ended over three months of the presentation date;
II – certified statement of bankruptcy issued by the distributor of the legal entity;
III – policy to cover the occurrence of eventual damages caused to third parties, accordingly to the risk of the activities carried out by the applicant, in accordance with the amount set by AEB;
1º AEB might demand the confirmation of the net assets to serve as an objective proof of the economic-financial qualification in face of the amount of space activities.
2º In case of legal entities recently formed, the confirmation of the matter stated below may be done with the presentation of the statement of its initial balance.
Article 10 – The documentation relative to the fiscal regularity will include:
I – a statement of application at the General File of Subscribers;
II – a statement of application at the local file of subscribers relative to the residence or headquarter of the legal entity, accordingly to the object of the license;
III – a statement of regularity relative to the Social Security and to the Pension Fund demonstrating a regular situation of payment of fees demanded by law.
Article 11 – In case of the participation of corporations with associations or consortia, the following aspects will be observed:
I – statement of public or private commitment of formation of a consortium or association, underwritten by the associates;
II – nomination of the leader legal entity of the consortium or association;
III – presentation of documents demanded in Articles 6 to 10 admitting for the effect of assessment of the technical qualification the set of specific experiences and for the effect of the financial qualification the total amount of values presented by the associates;
Single paragraph. The leader legal entity is responsible for the fulfillment of obligations resulting from the granting of the license, with no detriment of the sympathetic responsibility of the other associates.
Article 12. When AEB considers appropriate it may carry out a previous consultation to the respective organizations or Federal Agencies as to the existence of conflict of safety interest and of the foreign policy in relation to space activities proposed by the applicant.
Article 13 . The necessary documents for the certification may be presented in original, by any statement legally authenticated or authenticated by any employee of AEB or published in an official journal.
Article 14 – Whenever impossible for foreign legal entities follow exactly requirements for certification equivalent documents are accepted.
1º The foreign legal entities shall present a statement of their respective countries which are licensed to carry out the activities proposed.
2º The documents shall be presented in their original language, authenticated, and translated by a sworn translator.
3º For the effect of the granting of a license to a foreign legal entity AEB may establish as additional condition the existence of an agreement on technology transfer safeguard between the Brazilian government and the government of the country of origin of the entity.
CHAPTER III
PROCEEDINGS FOR CERTIFICATION
Article 15 – The proceeding for the granting of a license shall start with the opening of an administrative process, dully registered and identified including the application and the documents presented by the applicant to which will be included all pertinent documentation.
1º The interested corporation shall register its application at the Planning and Administration Directory (DAP) of the Brazilian Space Agency.
2º The application of the interested corporation shall include a brief and clear description of the object of the requested license.
Article 16 – The certification will be processed and judged by a Special Certification Commission composed by at least three members nominated by the President of the Brazilian Space Agency, and two of them shall be qualified employees from AEB staff or from another Brazilian Agency.
Single paragraph. The members of the Commission shall respond sympathetically by all actions , except if an individual standpoint is dully founded and registered in the minutes of the meeting in which the decision has been made.
Article 17- The Special Certification Commission is responsible for:
I – the examination and the judgement of the documents presented with the application of the interested corporation;
II – the promotion of inquiries aimed at clarifying or completing the process at any phase of the proceeding;
III – the application of technical or legal reports when judged necessary;
IV – the forwarding of the process to the President of AEB, further to the certification judgement.
1º The Directories representatives belonging to the framework of AEB shall fully support the works of the Commission.
2º The Directory of Standardization and Certification shall be responsible for the technical secretariat of the Commission.
3º If until ninety days after the notification of the inquiry no inquiry is made, the process will be automatically filed and the applicant shall at any time register a new application for license.
Article 18 – Further the certification by the Commission the President of AEB shall submit the process, dully instructed and judged, to the appreciation of the Superior Council, at the first following meeting.
Article 19 – The license for the development of space activities in the Brazilian territory will be issued in until thirty days after the date of its approval by the Superior Council.
CHAPTER IV
ADMINISTRATIVE PENALTIES
Article 20 – In case space activities violate any provision of this Regulation, the transgressor will be subject to the following penalties:
I – warning;
II – temporary interruption of the license;
III – cancellation of the license.
1º The application of the penalty will not exempt the transgressor from the civil and legal liabilities due to the violations incurred.
2º The penalties foreseen in this article are competence of the Superior Council and the President of AEB, ad referendum of the Council, shall apply them in emergency cases, with an immediate effect.
3º The application of penalties shall consider the seriousness of the violation and the background of the licensed corporation by means of an inquiry within an administrative process, ensuring the contrary and the full defense.
Article 21 – The license may be interrupted or cancelled:
I – in case of bankruptcy of the licensed corporation;
II – if the services are interrupted for a period exceeding six months by the initiative of the licensed corporation, without the previous notification to AEB;
III – if the licensed corporation carries out a different activity from the one it has been granted;
IV – if the licensed corporation carries out installation or maintenance services disregarding the Brazilian legislation;
V- if, in an administrative process, the loss of technical and financial qualification is proven to continue the activities for which it has been certified.
CHAPTER V
ADMINISTRATIVE APPEAL
Article 22 – It shall be applied an appeal to a superior authority in case of denial of concession or modification of licenses or in case of any decision that determines its interruption or cancellation, or if any penalty is applied in twenty days from the date of the decision.
Article 23 – The appeal shall be addressed to a superior authority by the one who applied the act and this one may reconsider its decision in twenty days or in the same term forward it and in this case the decision shall be given in twenty days from the receipt of the process.
Article 24 – The notification of the acts referred to in Article 22 shall be made by the publication in the official journal except if the representative of the interested corporation is present when the decision is taken and in this case the appeal may be done by direct communication.
CHAPTER VI
FINAL PROVISIONS
Article 25 – The administrative act relative to the forwarding, denial, change and cancellation of licenses and relative to the application of penalties foreseen in Article 20 of this Regulation shall be formalized by a Resolution of the Superior Council, published at the Union Official Journal.
Article 26 – The President of AEB shall set the amounts of reference for the collection of fees for the granting of licenses, by means of a Regulation published at the Union Official Journal.
Article 27 – The Brazilian Space Agency shall have a specific file preferaly computerized for the record of licenses for the development of space activities in the Brazilian territory.
Article 28 – The Directory of Standardization and License shall present additional instructions aiming at technical and administrative actions relative to the proceedings for licenses.
Article 29 – This Regulation is effective at the date of its publication at the Union Official Journal.
ANNEX III
RULE SRF 29, of 15 March 2001
On the application of customs regime for temporary admission of goods aimed at satellite launchs at Alcântara Launch Center
The Secretary of the Income Tax, in the use of his attributions stated in item XIX, Article 190 of the Internal Regime of the Secretariat of Income Tax, approved by Rule MF 227, of 3 September 1998, and considering Article 290, item I of the single paragraph, Article 446, Article 452, item I, Article 453 and item II, Article 567 of the Customs Regulation, approved by Decree 91.030, of 5 March 1985, decides:
Article 1- It shall be applied to the goods coming from abroad aimed at launchs, integration services and tests of the systems, subsystems and space components, previously authorized by the Brazilian Space Agency (AEB), including machines, equipment, parts, tools with the purpose of guaranteeing launching operations, imported without exchange coverage, the special customs regime for temporary admission, in accordance with proceedings established in this Rule.
Single paragraph- The goods stated in this article shall stay in Brazil, under the customs regime for temporary admission during the period foreseen in the contract signed between the parties, extensible to the same measure of this one.
Article 2- The goods stated in the previous article shall be directly transported to the harbor, airport or place of arrival in the border of Brazil to Alcântara Launch Center, customs area under the terms of Act SRF 37, of 25 June 1997, by means of a customs operation, after the sealing of containers, in accordance with item I, Article 268 of the Customs Regulation.
Single paragraph. The application for temporary admission regime shall be presented to the local unit of the Secretariat of Income Tax (SRF), previously to the arrival of goods in Brazil.
Article 3 – The customs dispatch, in case of the concession of the temporary admission, shall be processed on the basis of an Inbound Simplified Declaration (DSI) by means of formularies relative to Article 4 of Rule 155/99, of 22 December 1999.
1º The request for application of the regime shall be presented by the importer, licensed by AEB, to the chief of the SRF unit under the jurisdiction of Alcântara Launch Center, previously to the arrival of goods, and the DSI register may be done before the arrival of goods in Brazil.
2º Accordingly to this article, the regime shall be granted provided fiscal obligations are fulfilled in terms of liability, disregarding guarantee.
3º The customs check shall be made at Alcântara Launch Center and the technical assistance, if necessary, shall be provided by a technician from AEB, at the request of SRF.
Article 4 – The goods which will not be launched or which will not be consumed in launchs, integration services and tests of systems, subsystems and space components shall be reexported within the term foreseen in single paragraph of Article 1.
1º The goods which will be launched or consumed in launchs, integration services, tests of systems, subsystems and space components shall be considered reexported, with the purpose of the extinction of the regime and decrease of the term of liability.
2º The local unit under the jurisdiction of Alcântara Launch Center shall request a technical report on the occurrence of the facts described in the previous paragraph.
3º The customs dispatch of reexport shall be carried out on the basis of the Outbound Simplified Declaration (DSE) by means of the formularies relative to Article 31 of Rule SRF 155/99.
4º The customs check of goods aimed at reexport shall be done at Alcântara Launch Center and their transportation to abroad shall be made by means of a customs operation.
Article 5 – The term of liability signed on the occasion of the concession for temporary admission shall be ended provided the declaration used at the customs dispatch of reexport or technical report is presented, elaborated at the request of SRF or of the importer, proving that the goods have been launched to outer space, consumed or destroyed at launchs, integration services and tests of systems, subsystems and space components.
Article 6 – The local unit chief responsible for the customs dispatch shall adopt the necessary measures to guarantee the specific infrastructure proper to the service stated in this Rule.
Article 7 – This Rule is effective at the date of its publication.
EVERARDO MACIEL
ANNEX IV
REGULATION 100/GC4, of 22 February 2000
On the record of companies and goods of the airspace industry aiming at the fulfillment of the Agreement ICMS (Value Added Tax)
The Commander of Aeronautics, in the use of his attributions stated in Article 29 of Decree 3.080, of 10 June 1999, and considering Process 06-01/0795/99 decides:
Article 1- To assign to the Department of Research and Development (DEPED) the responsibility for the creation and maintenance of a record of airspace industry companies and for the elaboration and updating of the list stated in the Agreement ICMS (Value Added Tax).
Single paragraph. The above mentioned list shall contain, at least, information demanded by the National Council of the Ministry of Finance and shall be updated accordingly with the term established by the Council.
Article 2 – To state that goods be exclusively used, due to their nature, in space vehicles and aircraft and at their sale the reduction of the value added tax shall be taken into account, within the following definitions:
I – accessory – part or mechanical system, video, sound, electronic or electro-mechanic system which completes the parts, systems and aircraft equipment, of simulators or space vehicles such as: reverse, power auxiliary unit, anti-slipping, engine accessories, air conditioned and others;
II – aircraft – flight maneuverable equipment, or which might self sustain and fly in the airspace by means of aerodynamic reactions such as: plane, helicopter, glider, single-engine glider, balloon, airship and others;
III – separate component – part which further to a qualification process may be part of the military aircraft or of the space vehicle such as: internal and external loads, engined or not, sensors, satellites, loads and their installation interfaces;
IV – equipment – a set essential to the correct functioning of a specific aircraft system, of the simulator or of a space vehicle, designed and manufactured for tests and essays or to produce and transmit work or power (mechanical, hydraulic, electric, electronic, sound, lightning or any other) as well as for the maintenance or handling of them on the ground, customized by means of a number or specification;
V- tool/ template – set and all mechanical devices of specific or general use with the purpose to permit, enable or accelerate operations such as cut, machining, drawing, pressing, smashing, coiling, measuring, dimensional control, protection, treatment and other manufacture tasks as well as to enable the adjustment, positioning, mounting, finishing, tests and essays and also to ensure the exchange among the sets or parts of the aircraft, simulators or space vehicles;
VI – raw material – material or input used or consumed at the manufacture and maintenance of aircraft, simulators or space vehicles;
VII – part- subset of the aircraft, simulator or space vehicle completely customized or defined by a number or specification such as: wing, fuselage, elevator, stabilizer, propelling, warhead, solar collector, engine, rotor, tail, landing gear, door, propeller, command surface, seat, windshield, and others;
VIII- part – item which use is immediately associated with parts or aircraft systems, simulators or space vehicles, completely customized or defined by a number or specification;
IX – simulator – equipment used for the training in conjunction with the operational use of aircraft and for the development and essays of systems and separate parts;
X – system – set of parts with a specific function essential to the aircraft, simulators or space vehicles operation, such as: hydraulic, oiling, cooling, pneumatic, conducting tire, oxygen, propulsion, separation, guiding, fuel, armament, communication, electric, electronic, pyrotechnic, navigation, self defense, brake, flight command, pressurization and others and;
XI – space vehicle – equipment, maneuverable or not, formed by a launching vehicle and its satellite or sub-orbital payload.
Article 3 – DEPED shall issue additional instructions if necessary to the fulfillment of this Regulation.
Article 4 – This Regulation is effective at the date of its publication.
Article 5 – Regulation 467/GC4, of 23 June 1976, is cancelled.
CARLOS DE ALMEIDA BAPTISTA
