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Official Gazette n 175 Section 1, Wednesday, September 10, 2003

Republication in Official Gazette n 188 Section 1, Monday, September 28, 2003

Normative Resolution n 56, of August 27, 2003.

Provides for the awarding of visas to aliens

acting as administrators, Managers,Directors or Officers with managing

powers, of civil or commercial entity,

economic group or conglomerate.

The National Immigration Council, created by law n 8.490, of November 19, 1992, byvirtue of the authority vested in it by decree n 840, of June 22, 1993,

DECIDES:

Art. 01 To establish rules for the awarding of permanent visa to administrator, manager,director or executive, with managing power, who comes to Brazil to represent civil orcommercial entity, economic group or conglomerate.

First Paragraph. The awarding of the visa to the alien shall be subject to the exercise ofthe function to which he has been appointed, through an act duly recorded with thecompetent bodies.

Second Paragraph. The status of administrator, manager, director or officer of a civil orcommercial entity, economic group or conglomerate shall be stated in the first aliensidentity card.

Third Paragraph. The awarding of the permanent visa is hereby conditioned to theexercise of the function for which the work permit has been requested with the ministry ofLabor, for a period of up to five years, and such condition shall be stated in the alienspassport, as well as in his/her respective identity card.

Fourth Paragraph. The Federal Police Department shall replace the identity card when itexpires, upon evidence that such alien is still exercising the function of administrator,manager, director or officer, and establish its period of validity according to the provisionsof law n 8988, of February 24, 1995.

Fifth Paragraph. The evidence in the above paragraph shall be submitted to the FederalPolice Department upon presentation of a document from the company, stating that theforeign national continues to perform his duties, as well as further documents required bythe Federal Police Department.


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Sixth Paragraph. The change of employer, with the consent of the work permit sponsoringcompany, shall depend upon the permit by the Ministry of Justice, being the Ministry ofLabor consulted.

Art. 02 When it is the case of appointment of a foreign national to occupy a position in the

supervisory board, in the Deliberative Board, in the Board Directors, in the advisory Board,in the inspecting Board or in any other statutory body, of insurance companies,capitalization entities, and in open-end private pension plan entities, the consent from theprivate insurance superintendence (SUSEP) relating to the occupation of such position bythe foreign national.

Art. 03 Any civil or commercial company that wishes to appoint an alien to exercise thefunctions of administrator, manager, director or officer shall meet the requirements set forthby the Ministry of labor and Employment, concerning the legal provisions relating to theorganization of the company and shall give evidence of:

I Investment in currency, transfer of technology or other capital assets in an amount equalto or higher than two hundred thousand U.S. Dollars (US$200,000.00), or an equivalentamount in another currency, per alien invited, upon the submittal of a copy of SISBACEN Electronic declaratory registry of direct foreign investment in Brazil, or

II investment equal to or higher than two hundred thousand U.S. Dollars(US$200,000.00) or an equivalent amount in another currency, per alien invited, upon thesubmittal of an currency exchange agreement issued by the investment-receiving Bank andthe amendment to the articles of association or to the by-laws, registered with thecompetent body, and evidence that the investment has been fully paid in at the receivingcompany, or

III having created, during the previous year before the invitation of said administrator,manager, director or officer, an increase in the payroll related to new jobs equal to or higherthan at least 20% (twenty per cent) or 240 minimum wages in such year, in compliancewith the provisions of article 354, of the Restated Labor Laws (CLT).

First Paragraph. The applicant company shall undertake to report the removal ofadministrators, manager, directors or officers to the Ministry of Labor , and the awarding ofnew visas may be subject to the compliance with this requirement.

Second Paragraph. The applicant company shall prove the compliance with its labor andsocial security obligations by submitting a copy of certificate attesting the absence of debtswith INSS National Institute of Social Security and with FGTS Severance PaymentFund.

Art. 04 The awarding of the work permit and permanent visa shall be subject, for the initialterm of up to two years, for administrators, managers, directors or officers os a foreigncompany being established in the country, to the limit of three aliens, at the discretion ofthe Ministry of Labor and Employment.


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First Paragraph. The application request shall be entered with the Ministry of Labor, withthe submittal of the following documents:

I Evidence of legal existence of the company abroad for at least 05 years, through the actorganization, duly certified and legalized at a Brazilian consulate and translated by a sworn

translator.II Act of the foreign company, duly certified and legalized at a Brazilian consulate andtranslated by a sworn translator, granting full authority to the administrator, manager,director or officer to represent it, for the purpose of its establishment in the country.III Other documents required by Ruling (portaria) N132, of march 21, 2003, of theMinistry of Labor and Employment.

Second Paragraph. The status of administrator, manager, director or officer as well as theeffectiveness time term of up to two (02) years shall be mentioned in the first aliensidentity card.

Art. 05 The alien benefited by article 04 herein may request, with the Federal PoliceDepartment the replacement of his/her identity card at the time of its expiration, being theMinistry of Labor consulted, by submitting evidence that the applicant company hascomplied with the provisions set forth in the subparagraphs of article 03 herein, as well asother documents required by the Federal Police Department.

Sole Paragraph. The period of validity of the new identification card shall be determinedaccording to the provisions of law n 8988, of 1995.

Art. 06 A previous authorization shall be requested to the Ministry of Labor andEmployment for occupying new positions provided for in the by-laws of the company, or inthe case of concomitant exercise of positions provided by in the by-laws of other companiesof the same economic group or conglomerate.

First Paragraph. In the case an application for the above mentioned authorization after thevisa has been authorized, the concomitant exercise of managing positions in companies ofthe same economic group or conglomerate, shall be admitted, as long as prior consent fromthe Ministry of Labor and employment is obtained, upon submitting the followingdocuments:I submission of the application, making reference to the case that has originated the initialvisa;II evidence of the existing association link between the companies of the economic groupor conglomerate;III submission of appointment act of the foreign national for a position provided for bythe by-laws/ articles of association;IV evidence, for each alien officer, of the investment in the economic;V submittal of the letter of consent for the alien to exercise the position in concomitance,signed by the company to which such alien was at first authorized.


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Second Paragraph. For the purposes hereof, economic group or conglomerate means theset of companies that, whether directly or indirectly, have the same controlling entity orthat, whether directly or indirectly, have links of affiliation or control between themselves.

Third Paragraph. The foreign nationals identification document shall indicate that the

authorization provided for in this article has been granted.

Art. 07 The noncompliance with the provisions set forth in paragraphs third and sixth ofarticle 01, in articles 04 and 05 shall entail the cancellation of the record as permanent.

Art. 08 The application for the replacement of identification cards provided for by article01, paragraph 4, and by article 05 after its expiration date will subject the interested partiesto penalty of fine provided for in article 125, XVI, of law 6815, of August 1980, modifiedby law 6964, of December 9, 1981.

Art. 09 Corporate activities object of bilateral or multilateral agreements approved bylegislative decree shall comply with the conditions set forth therein.

Art. 10 Normative Resolutions n 10, of November 11, 1997 and n 52, of April 19, 2002,are hereby revoked.

Art. 11 This resolution shall be in force as of the date of its publication.

JAQUES WAGNER

Chairman of the National Immigration Council

resol56inglês - tradução cni - revogada pela 62

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