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Regulations of Project to Amazon
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. |
Submittal and Formulation of Applications
| 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. |
In summary, in order for us to take a scientific expedition into the
Amazon and do research, we must have a Brazilian Institution, whether it be the
CNPq or an institution identified by the CNPq, that is willing to work with us.
Then, we have to request authorization from one or more of the following
agencies: MINTER, MRE, SADEN/PR, the Navy, etc. and include in our requested
application all of the information required according to Regulation 55. A great
idea would be to sign a contract with Brazilian teaching and research
institution since special consideration is given by the MCT to such ventures.
Also, based on the criteria for granting a license, our group should consider
the following factors: 1. Contribution of the proposed activities to Brazilian
scientific and technological development 2. Technical and scientific reputation
of the co-participating and co-responsible Brazilian institution (one of our
best bets in this would be to get IBAMA or FUNAI to be our co0participating
Brazilian Agency) 3. Degree of participation and responsibility of the
Brazilian institution involved 4. Scientific qualifications and competence of
the foreign participants 5. Methodology to be employed in carrying out the
project 6. Financing sources and guarantees for the performance of the project.
7. Previous experience. In other words, we have to make our project sound
beneficial, include good methods, have support, and include researchers with
experience. These would only increase our chances at a successful plan
implementation.
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