Official Gazette of the Union Federative Republic of Brazil - National Press - Section 1 Edition Number 167 of 08/29/2003 Ministry

of Labor and Employment Office of the Minister NORMATIVE RESOLUTION No. 55, OF AUGUST 27, 2003 It provides for labor authorization and concession of visa to foreigners under technology transfer and/or technical assistance service agreement, cooperation agreement or convention, without employment relationship or in case of emergency. The NATIONAL IMMIGRATION COUNCIL, instituted by Law no. 8.490, of November 19, 1992, in the use of the attributions conferred by Decree no. 840, of June 22, 1993, resolves: Art. 1. A labor authorization and the temporary visa provided for in art. 13, sub-clause V, of Law no. 6.815, of August 19, 1980, amended by Law no. 6.964, of December 9, 1981 may be granted to the foreigner coming to Brazil without employment relationship in a national company or in case of emergency, for technology transfer and/or technical assistance service arisen from agreement, cooperation agreement or convention, entered into a foreign legal person and a Brazilian legal person, being voided the transformation into permanent visa. Sole paragraph. The functions merely administrative, financial or managerial are excluded from the technical assistance concept. Art. 2. The request will be made to the Ministry of Labor and Employment, accompanied of the following documents: I - labor authorization request, according to model approved by the Ministry of Labor and Employment, signed by the legal representative of the requesting institution; II - evidence of payment of the labor authorization individual fee - DARF; III - articles of incorporation of the requesting institution; IV - act of election, designation or appointment of the representative or administrator of the requesting institution; V - commitment term of repatriation of the foreigner at the conclusion of his/her provision of services or through termination of legal instrument entered into with the foreign institution, or, upon termination of the contract of the foreign employee with the foreign contracting institution;

VI - evidence of health insurance, valid in the national territory, with term comprising the effectiveness of the instrument; VII - certified copy of one of the documents evidencing the situation referred to in art. 1 hereof, to wit: a) instrument registered in the administrative entity, whenever implying in: technology transfer, thus understood the assumptions of licensing of rights (exploration of patents or use of trademarks); technologic knowledge acquisition (technology supply and provision of technical and scientific assistance services) and franchise agreements; b) instrument issued by the Internal Revenue, in case of purchase and sale of equipment with technical assistance; c) instrument signed with identification of the parties, in case of technical cooperation among companies of the same group, with due evidence of the respective association; d) instrument in foreign currency, between a national public law legal person and a foreign legal person; e) agreement or convention. Paragraph 1. The instruments shall indicate clearly the object thereof, demonstrating the schedule for technology transfer and/or training in technical assistance programs to Brazilians, the remuneration at any title, the effectiveness and execution terms and other clauses and conditions of the contracting. Paragraph 2. The requesting company shall indicate to the Ministry of Labor and Employment all locations where the foreigner will execute the project, communicating, immediately, any alteration. Paragraph 3. The representative of the contracted foreign institution shall prove the legal competence to execute the contract or similar instrument, through presentation of the act which confers this power to him/her, according to the legislation of the country of origin. Paragraph 4. When the contract is written in a foreign language, besides the consular legalization, it shall be translated by a sworn translator. Art. 3. The concession of visa under the terms of this Normative Resolution in order to meet a company which does not have national manpower is subject to presentation of a Training Program contemplating national manpower. Sole paragraph. For concession of new visas and/or extension of existent visas the results reached by the Training Program should be evidenced. Art. 4. Labor authorizations referred to herein shall have the following validity:

a) in the assumptions of technology transfers, for a two-year term to be renewed for equal period when founded on letters a and d of sub-clause VII, of art. 2; b) in the assumption of technical assistance and/or technical cooperation, for a 12 (twelve) month term, renewable for equal period, when founded on letters b, c and e of sub-clause VII, of art. 2, respectively. Art. 5. In case the company needs to bring the foreigner to render technical assistance services for a determined term of up to 90 (ninety) days, non-renewable, the labor authorization and the temporary visa provided for in article 13, item V, of Law no. 6.815, of 1980, amended by Law no. 6.964 of 1981 may be granted with presentation of the following documents: I - labor authorization request; II - company and applicant data; III - evidence of payment of the individual immigration fee - DARF; IV - articles of incorporation of the requesting institution; and V - evidence showing that the company is included in one of the assumptions provided for in sub-clause VII, of art. 2. Sole paragraph. It is voided the concession of a new labor authorization, based on this article, to the same foreigner, before 180 (one hundred and eighty) days from the termination of the previous authorization. Art. 6. In case of emergency, at the consular authoritys discretion, the temporary visa provided for in item V of art. 13 of Law no. 6.815, of 1980, amended by Law no. 6.964, of 1981, may be granted only once at each period of 90 (ninety) days for the same foreigner, for a non-renewable term of 30 (thirty) days, being waived the formalities included in this Normative Resolution. Sole Paragraph. It is understood as emergency a fortuitous situation which places the life, the environment and patrimony in imminent risk or which has generated the interruption of the production or the provision of services. Art. 7. This Normative Resolution will be effective at the date of its publication, being revoked Normative Resolutions no. 34, of August 10, 1999 and no. 53 of July 19, 2002 and Administrative Resolution no. 04, of May 21, 2003. JAQUES WAGNER President of the Council