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Project Amazonia: Monitoring - Laws
Advances in Regulating Access to Biological Diversity
All foreign
visitors are required to present a passport and a visa, which can be obtained
from the Brazilian Consulate general. An international certificate of
vaccination against polio is recommended for all travelers. Also, all scientific
expeditions must be authorized and supervised by the Brazilian Science Council
of the Ministry of Science and Technology. Collected material leaving the
country is inspected and inventoried, and representative samples, as well as
pressings, copies, photographs, or drawings of the scientific material must be
donated to an institution designated by the council. Transit through indigenous
lands or federal protected areas also requires permits from the National Indian
Foundation (FUNAI) and IBAMA.
Decree No. 98830¹
(Provisions for the collection by foreigners of data and scientific materials in
Brazil and other matters.)
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The activities which involve the displacement of human and
material resources for the purpose of collecting data, materials, biological
and mineral specimens and integral parts of the native and popular culture,
both past and present, obtained through the use of methods and techniques
intended for study, dissemination, or research shall be authorized as long
as they have the joint participation and joint responsibility of a Brazilian
institution with a high and recognized technical and scientific reputation
in the field of research related to the project to be carried out, based on
the evaluation of the National Council for Scientific and Technological
Development (CNPq)
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The following agencies shall be responsible for prior
concurrence:
1. Ministry of the Interior (MINTER), through FUNAI and
IBAMA for authorizations that involve staying in or transiting indigenous
areas or environmental protections areas (This one was previously known.)
2. Ministry of Foreign Relations (MRE), for authorization
of activities considered to be of interest to Brazilian foreign policy.
3. National Defense Advisory Bureau (SADEN/PR), for
authorization of activities involving staying in or transiting through areas
of frontier zone or areas that may affect other national defense interests.
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Collection of scientific research involving activities
regulated by other provisions of law and specific regulations shall be
authorized only with the prior concurrence of the agencies responsible for
the application of such legislation in accordance with procedures
established by the Ministry of Science and Technology (MCT).
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Requests for authorization for collection and research shall
be submitted to the MCT by the Brazilian institution working with the
scientific expedition. Foreign participants need to specifically:
1. State the financial responsibility they will assume for
the performance of the proposed activities.
2. Authorize MCT or the Brazilian co-participating
institution to translate, publish, and disseminate in Brazil, free of cost
for rights of authorship, reports, monographs, and other work records of the
collections and research carried out, provided that the authorship and the
circumstances contributing to the execution and results of the project are
mentioned.
3. Assume a commitment to respect all existing provisions
and laws (It is good that we have those laws).
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Except in duly justified cases that are deemed to be
exceptional, MCT shall provide its decision on requests for authorization
within 120 days of the date the complete documentation is received.
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MCT may, at the request of the participants, authorize the
installation within Brazil on a temporary basis for a fixed period of time
of the equipment needed to carry out the collection and research activities.
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The shipment abroad of any materials collected, including in
the form of reproduction through photograph, films, or sound recordings, may
be done only after the prior authorization of MCT, provided that the
participant assures that they will be utilized exclusively in study,
research, and dissemination activities.
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The material collected shall be sent abroad at the expense of
the foreign participant, while the Brazilian co-participating agency shall
keep a copy of field records and collections. The MCT may keep samples,
specimens, or copies of material collected
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The MCT shall by regulation provide special treatment,
consistent with the specific legal regime to which they are subject, to the
data or material collected within Brazil by foreign physical persons in
connection with contracts with Brazilian teaching and research institutions.
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Violations of the regulations can result in immediate
suspension for an indefinite time period of activity being pursued,
cancellation of the authorization that has been granted, declaration of the
violator as temporarily or permanently disqualified to undertake or sponsor
scientific research within Brazil, reporting of the violation tha has been
committed to the head of the institution to which the violator is attached,
and/or seizure and loss of the equipment used in the project and of the
material collected pursuant to the provisions of Brazilian law.
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Regulation No. 55¹
Application
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Authorization of activities on the continental shelf and in
waters under Brazilian jurisdiction (involving research, exploration,
removal and demolition of objects or goods sunken, submerged, stuck and
lost) is within the competence of the Ministry of the Navy
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Authorization for carrying out aerial surveys on Brazilian
territory is within the competence of EMFA. |
Submittal and
Formulation of Applications
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If the foreigner does not have available a Brazilian
institution to assume joint responsibility for the activities to be carried
out in Brazil, such person shall request the support of the CNPq, which
shall endeavor to identify institutions in Brazil that may assume this
function. If it is not possible to identify such an institution, the CNPq
may itself assume this function if it considers that the activity to be
carried out in Brazil is of interest to the country's scientific and
technological development. MCT shall provide a period of 120 days from
receiving all required documentation and complete information to process and
analyze requests for authorization, and this period may be extended if the
collection activities, by their nature and complexity, require more detailed
analysis or involve greater number of consultations by other agencies. If
the period is extended, MCT shall inform the interested parties within 30
days in advance of the period provided for processing and analysis of the
request for authorization. Failure to do so on the MCT's part results in the
authorization being requested to be automatically granted.
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Requests for authorization shall be submitted to the MCT in
three copies which include the following information:
1. Identifying data on the Brazilian institution, along with
an indication of its degree or participation or responsibility, including
that of a financial nature
2. Identification of the investigator who will assure the
participation of foreigners and responsibility for their activities on
behalf of the Brazilian Institution.
3. Definition of the objectives and goals that it is
intending to achieve and of the materials or data to be collected.
4. Work plan with a description of the methodology,
bibliographed references and explanatory statement of the scientific
interest of the proposed activity.
5. Various routes to be followed within Brazil, indicating
scheduled dates for the beginning and end of the stay in each Brazilian
location.
6. Description and approximate quantity and type of material
or data to be collected, along with an indications of its use and
destination, specifying the maximum number of specimens or duplicates to be
collected and, in the case of living organisms, including an evaluation of
the estimated impact of the removal of the proposed number of specimens on
each locality.
7. Indication of the place and date of entry and exit from
Brazil of the foreign participants, along with the equipment of materials to
be brought into the country.
8. Curriculum vitae of all participants from both the
Brazilian and foreign sides.
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The following documents need to be attached to the request
for authorization:
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1.
Statement of familiarity with the standards that govern collection
activities in the country, particularly with respect to sending the
material collected abroad.
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2.
Statement authorizing the MCT and the involved Brazilian institution to
translate, publish, and disseminate the results of the work in Brazil.
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3.
Statement of the financial responsibility to be assumed for carrying out
the proposed activities.
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4.
Statement that any materials collected and subsequently identifies as
representative ("tipo") will be restored to Brazil.
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5.
Statement of commitment to inform the co-participating and
co-responsible Brazilian institution periodically or when requested of
the progress of the work abroad and of the materials collected, also
providing the scientific results in partial or final form. |
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Next:
Modeling->
1. The
Brazilian Embassy in London.
http://www.brazil.org.uk/
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