Official Gazette n 175 Section 1, Wednesday, September 10, 2003 Republication in Official Gazette n 188 Section 1, Monday, September

mber 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, by virtue 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 or commercial entity, economic group or conglomerate. First Paragraph. The awarding of the visa to the alien shall be subject to the exercise of the function to which he has been appointed, through an act duly recorded with the competent bodies. Second Paragraph. The status of administrator, manager, director or officer of a civil or commercial entity, economic group or conglomerate shall be stated in the first aliens identity card. Third Paragraph. The awarding of the permanent visa is hereby conditioned to the exercise of the function for which the work permit has been requested with the ministry of Labor, for a period of up to five years, and such condition shall be stated in the aliens passport, as well as in his/her respective identity card. Fourth Paragraph. The Federal Police Department shall replace the identity card when it expires, 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 provisions of law n 8988, of February 24, 1995. Fifth Paragraph. The evidence in the above paragraph shall be submitted to the Federal Police Department upon presentation of a document from the company, stating that the foreign national continues to perform his duties, as well as further documents required by the Federal Police Department.

Sixth Paragraph. The change of employer, with the consent of the work permit sponsoring company, shall depend upon the permit by the Ministry of Justice, being the Ministry of Labor 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 the private insurance superintendence (SUSEP) relating to the occupation of such position by the foreign national. Art. 03 Any civil or commercial company that wishes to appoint an alien to exercise the functions of administrator, manager, director or officer shall meet the requirements set forth by the Ministry of labor and Employment, concerning the legal provisions relating to the organization of the company and shall give evidence of: I Investment in currency, transfer of technology or other capital assets in an amount 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 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 the submittal of an currency exchange agreement issued by the investment-receiving Bank and the amendment to the articles of association or to the by-laws, registered with the competent body, and evidence that the investment has been fully paid in at the receiving company, 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 higher than at least 20% (twenty per cent) or 240 minimum wages in such year, in compliance with the provisions of article 354, of the Restated Labor Laws (CLT). First Paragraph. The applicant company shall undertake to report the removal of administrators, manager, directors or officers to the Ministry of Labor , and the awarding of new visas may be subject to the compliance with this requirement. Second Paragraph. The applicant company shall prove the compliance with its labor and social security obligations by submitting a copy of certificate attesting the absence of debts with INSS National Institute of Social Security and with FGTS Severance Payment Fund. Art. 04 The awarding of the work permit and permanent visa shall be subject, for the initial term of up to two years, for administrators, managers, directors or officers os a foreign company being established in the country, to the limit of three aliens, at the discretion of the Ministry of Labor and Employment.

First Paragraph. The application request shall be entered with the Ministry of Labor, with the submittal of the following documents: I Evidence of legal existence of the company abroad for at least 05 years, through the act organization, 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 and translated 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 the Ministry of Labor and Employment. Second Paragraph. The status of administrator, manager, director or officer as well as the effectiveness time term of up to two (02) years shall be mentioned in the first aliens identity card. Art. 05 The alien benefited by article 04 herein may request, with the Federal Police Department the replacement of his/her identity card at the time of its expiration, being the Ministry of Labor consulted, by submitting evidence that the applicant company has complied with the provisions set forth in the subparagraphs of article 03 herein, as well as other documents required by the Federal Police Department. Sole Paragraph. The period of validity of the new identification card shall be determined according to the provisions of law n 8988, of 1995. Art. 06 A previous authorization shall be requested to the Ministry of Labor and Employment for occupying new positions provided for in the by-laws of the company, or in the case of concomitant exercise of positions provided by in the by-laws of other companies of the same economic group or conglomerate. First Paragraph. In the case an application for the above mentioned authorization after the visa has been authorized, the concomitant exercise of managing positions in companies of the same economic group or conglomerate, shall be admitted, as long as prior consent from the Ministry of Labor and employment is obtained, upon submitting the following documents: I submission of the application, making reference to the case that has originated the initial visa; II evidence of the existing association link between the companies of the economic group or conglomerate; III submission of appointment act of the foreign national for a position provided for by the 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.

Second Paragraph. For the purposes hereof, economic group or conglomerate means the set of companies that, whether directly or indirectly, have the same controlling entity or that, 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 of article 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 article 01, paragraph 4, and by article 05 after its expiration date will subject the interested parties to penalty of fine provided for in article 125, XVI, of law 6815, of August 1980, modified by law 6964, of December 9, 1981. Art. 09 Corporate activities object of bilateral or multilateral agreements approved by legislative 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