Regulation No. 55

Application

• Authorization of activities on the continental shelf and in waters under Brazilian jurisdiction (involving research, exploration, removal and demolition of objects or goods sunken. sumberged, stuck and lost) is within the competence of the Ministry of the Navy
• Authorization for carrying out aerial surveys on Brazilian territory is within the competence of EMFA.

• 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 perio 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.
• 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, bibiliographed 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.
• The following documents need to be attached to the request for authorization: 1. Statement of familiarity with the standards that govern collection activities in the country, particularly with respect to sending the material collected abroad. 2. Statement authorizing the MCT and the involved Brazilian institution to translate, publish, and disseminate the results of the work in Brazil. 3. Statement of the financial responsibility to be assumed for carrying out the proposed activities. 4. Statement that any materials collected and subsequently identifies as representative ("tipo") will be restored to Brazil. 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.

Decree No. 98830

(Provisions for the collection by foreigners of data and scientific materials in Brazil and other matters.)

• 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)
• 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.
• 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).
• 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).
• 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.
• 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.
• 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.
• 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
• 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 foregin physical persons in connection with contracts with Brazilian teaching and research institutions.
• 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.