Framework Agreement between the Government of Canada and the Government of the Federative Republic of Brazil Concerning Defence Cooperation

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL, hereinafter referred to as the "Parties", 

HAVING a common interest in maintaining international peace and security and in resolving international conflicts by peaceful means;

DESIRING to enhance their good and cordial relations, while reaffirming the principle of sovereignty;

DESIRING to enhance their defence cooperation;

HAVE AGREED to the following:

ARTICLE 1

Definitions

1. For the purposes of this Agreement:
   • (a) "military component" means the Canadian Armed Forces or the Brazilian Armed Forces;
   • (b) "civilian component" means the civilian personnel on official duty with a military component in Canada or the Federative Republic of Brazil ("Brazil"), who are not nationals or ordinary residents of the country they are in;
   • (c) "defence component" means the combined military component and civilian component of a Party that are on official duty and that are acting under this Agreement;
   • (d) "civil court" means a court of ordinary criminal jurisdiction in the territory of a Party, including a court of summary jurisdiction, that does not exercise special military jurisdiction;
   • (e) "service court" means a military court or tribunal empowered by the domestic laws of a Party to deal with criminal or disciplinary charges that involve the military;
   • (f) "dependent" means a person who forms part of the household of a member of the defence component and who depends on that member for support;
   • (g) "intellectual property" has the same meaning as in Article 2 of the Convention establishing the World Intellectual Property Organization, done at Stockholm on 14 July 1967 and as amended on 28 September 1979;
   • (h) "receiving Party" means the Party that receives members of the defence component of the sending Party, whether they are stationed in Canada or Brazil or in transit;
   • (i) "sending Party" means the Party that sends members of the defence component to the receiving Party, whether they are stationed in Canada or Brazil or in transit;
   • (j) "need-to-know" means that access to classified information is limited to authorized individuals who need to have access to that classified information in order to perform their official duties; and
   • (k) "classified information" means information of whatever form, nature or method of transmission, either manufactured or in the process of manufacture, to which a security classification level has been attributed by a Party and which, in the interests of its national security and in accordance with its national laws and regulations, require protection against unauthorized access or destruction. Unless otherwise specified, all references to "classified information" in this Agreement is deemed to refer also to Canadian Protected Information.

ARTICLE 2

Objective and Scope

1. This Agreement is guided by the principles of equality, reciprocity, and mutual interest, and by respect for the domestic laws and international obligations of the Parties, and has the objective of promoting cooperation in the following areas:
   • (a) acquisition of defence products and services;
   • (b) defence governance and institutional issues;
   • (c) defence science and technology;
   • (d) defence research and development, and production;
   • (e) military operations;
   • (f) humanitarian assistance and disaster response;
   • (g) peacekeeping operations under the United Nations;
   • (h) joint military exercises;
   • (i) logistics support;
   • (j) military law and justice;
   • (k) military training and education;
   • (l) military systems and equipment;
   • (m) strategic regional and international issues; and
   • (n) other defence-related areas that are jointly decided by the Parties.
2. Cooperation between the Parties includes, but is not limited to:
   • (a) visits by high-ranking delegations to civilian and military organizations;
   • (b) bilateral meetings, including but not limited to political-military talks, staff talks, and technical meetings;
   • (c) discussions and exchanges of information, best practices, and experiences;
   • (d) exchanges of students, instructors, and training personnel from defence institutions;
   • (e) participation in training courses, orientations, seminars, conferences, and symposiums offered by military and civilian institutions;
   • (f) cultural and sporting events;
   • (g) initiatives related to defence materiel and services linked to defence industry matters;
   • (h) development and implementation of programs and projects on defence science and technology applications;
   • (i) visits of naval vessels, as well as army and air units; and
   • (j) establishment of unit-level and formation-level partnerships.

ARTICLE 3

Assurances

When the Parties carry out activities under this Agreement, they shall respect the principles and purposes of the Charter of the United Nations, which include sovereign equality of States, territorial integrity and inviolability, and non-intervention in the internal affairs of other States.

ARTICLE 4

Financial Arrangements

1. Unless the Parties decide otherwise, each Party shall pay for the expenses that it incurs in the implementation of this Agreement.
2. The Parties understand that any activity under this Agreement is subject to the availability of their respective funds and resources.
3. Each Party shall ensure that full medical and dental coverage is provided to any member of its defence component and shall be responsible for the medical and dental expenses incurred by that member while that member is located in the territory of the receiving Party under the terms of this Agreement.

ARTICLE 5

Intellectual Property

1. The Parties shall take appropriate measures to protect the intellectual property that is conceived, developed, funded, exchanged, or otherwise shared in connection with activities under this Agreement, in accordance with their respective domestic laws and international obligations.
2. The Parties shall define the conditions for the acquisition, maintenance, and commercial exploitation of the intellectual property that is conceived, developed, or funded in connection with activities under this Agreement in the specific programs, contracts, or working plans that are applicable to those activities.
3. Each Party shall own the intellectual property that it conceives, develops, or funds in connection with activities under this Agreement, in accordance with its domestic laws, policies, and contractual obligations.
4. Both Parties may use the intellectual property that is conceived, developed, funded, exchanged or otherwise shared in connection with activities under this Agreement for defence purposes related to this Agreement, taking into account their respective domestic laws, policies, and contractual obligations. Prior written consent from the owning Party is required to use the intellectual property for a purpose that is not provided for in this Agreement.
5. The Parties shall disclose to each other the intellectual property conceived, developed, or funded in connection with activities under this Agreement, in accordance with their respective domestic laws, policies, and contractual obligations. Prior written consent from the owning Party is required by the disclosing Party before disclosing intellectual property to a third party.

ARTICLE 6

Security of Classified Information

1. Until a specific agreement or arrangement to regulate the treatment and mutual safeguarding of classified information acquired, exchanged or generated in connection with activities undertaken by virtue of this Agreement is in place, the Parties shall protect such classified information in accordance with the following principles:
   • (a) the Parties shall use, store, handle and safeguard classified information that is acquired, exchanged or generated in connection with activities undertaken by virtue of this Agreement only for the purpose for which it is provided, and in accordance with their respective domestic laws and international obligations, as well as with any bilateral arrangements for the protection of information that are in effect between them;
   • (b) a Party in receipt of classified information that it has acquired from or otherwise obtained through exchange with the originating Party in connection with activities undertaken by virtue of this Agreement shall ensure that classified information is afforded the equivalent level of protection assigned to it by the originating Party, according to the following table:
     
     

     For Canada (English)	For Canada (French)	For the Federative Republic of Brazil
     TOP SECRET	Très secret	ULTRASSECRETO
     SECRET	Secret	SECRETO
     CONFIDENTIAL	Confidentiel	RESERVADO

     
     
     
   • (c) the Parties shall ensure access to information that is acquired, exchanged or generated in connection with activities undertaken by virtue of this Agreement is limited to those persons who possess the requisite security clearance, and who have a specific need-to-know in connection with activities undertaken by virtue of this Agreement;
   • (d) a Party in receipt of classified information that it has acquired or otherwise obtained through exchange with the originating Party in connection with activities undertaken by virtue of this Agreement shall not release that classified information to a third party without the prior written consent of the originating Party. The Parties shall take the necessary steps to ensure that any classified information that is received under this Agreement is safeguarded from unauthorized release or disclosure;
   • (e) the sending Party shall ensure that members of its defence component comply with the security requirements of the receiving Party; and
   • (f) other issues related to the handling of classified information not addressed by this Agreement shall be mutually coordinated between the national security authorities of the Parties.

ARTICLE 7

Status of Forces

1. The civil courts of the receiving Party have the primary right to exercise jurisdiction in respect of an act or omission that constitutes an offence against a domestic law in force in the territory of the receiving Party and that is alleged to have been committed by a member of the defence component of the sending Party or a dependent from the sending Party who is present within the territory of the receiving Party while acting under this Agreement. This does not apply to the offences mentioned in Article 7(2)(b).
2. The Parties agree that:
   • (a) the authorities of the defence component of the sending Party and the service courts of the sending Party may exercise, within the territory of the receiving Party, the criminal and disciplinary jurisdiction that is conferred to them by the domestic laws of the sending Party in relation to a member of the defence component of the sending Party or a dependent from the sending Party;
   • (b) the service courts of the sending Party have the primary right to exercise jurisdiction with respect to an offence that is alleged to have been committed by a member of the defence component of the sending Party or a dependent from the sending Party if that offence involves:
     • (i) exclusively the property or security of the sending Party;
     • (ii) exclusively the person or property of another member of the defence component of the sending Party; or
     • (iii) exclusively an act or omission in the performance of an official duty;
   • (c) if a member of the defence component of the sending Party or a dependent from the sending Party is tried by a civil court of the receiving Party and is convicted or acquitted, that member or that dependent cannot be tried again within the territory of the receiving Party for the same offence by a service court of the sending Party. This does not preclude a service court from the sending Party from trying, within the territory of the receiving Party, a member of the defence component of the sending Party or a dependent from the sending Party for a contravention to rules of discipline that arises in relation to an offence for which that member or that dependent is tried by a civil court of the receiving Party; and
   • (d) if a member of the defence component of the sending Party or a dependent from the sending Party is tried by a service court of the sending Party and is convicted or acquitted, that member or that dependent cannot be tried again by a civil court of the receiving Party for the same offence.
3. The Parties agree that:
   • (a) if a civil court or a service court of a Party has the primary right to exercise jurisdiction in respect of an offence in accordance with paragraphs 1 and 2, that Party has the right to deal with charges against an alleged offender in the first instance, but that Party may waive that right;
   • (b) if that Party waives that right, that Party shall notify the other Party as soon as practicable; and
   • (c) the Party that has the right to deal with charges against an alleged offender in the first instance shall give sympathetic consideration to a request from the other Party that it waive its right, if that other Party considers that waiver to be of importance.
4. If a member of the defence component of the sending Party or a dependent from the sending Party is prosecuted under the jurisdiction of the receiving Party, that member or that dependent is entitled:
   • (a) to a prompt and speedy trial;
   • (b) to be informed, in advance of trial, of the specific charge or charges made against them;
   • (c) to be confronted with the witnesses against them;
   • (d) to have compulsory process for obtaining witnesses in their favour, if they are within the jurisdiction of the receiving Party;
   • (e) to have legal representation of their own choice for their defence or to have free or assisted legal representation under the conditions prevailing for the time being in the receiving Party;
   • (f) if they consider it necessary, to have the services of a competent interpreter; and
   • (g) to communicate with a representative of the sending Party and, when the rules of the court permit, to have such a representative present at their trial.
5. The receiving Party shall not subject a member of the defence component of the sending Party or a dependent from the sending Party to the death penalty.
6. The Parties may assist each other in the arrest of a member of the defence component of the sending Party or a dependent from the sending Party in the territory of the receiving Party and deliver that member or that dependent to the authority that is to exercise jurisdiction.
7. The receiving Party shall promptly notify the authorities of the defence component of the sending Party of the arrest of a member of the defence component of the sending Party or a dependent from the sending Party.
8. If a member of the defence component of the sending Party or a dependent from the sending Party is in the hands of the sending Party and the receiving Party is to exercise jurisdiction, that member or that dependent remains with the sending Party until that member or that dependent is charged by the receiving Party.
9. The authority of a member of the military component of the sending Party to perform police functions, including the power of arrest, can only be applied with respect to members of the defence component of that Party and dependents from that Party. That authority must be consistent with the receiving Party's domestic laws.
10. In respect of a civil claim against a member of the defence component of the sending Party, that member cannot be subject to proceedings for the enforcement of a judgment against that member by a court of the receiving Party in respect of a matter that arises while that member is acting within the scope of that member's duties or employment.
11. The Parties agree that:
    • (a) a member of the defence component of the sending Party may import duty-free the equipment for that defence component and reasonable quantities of provisions, supplies, and other goods for the exclusive use of that defence component and dependents from the sending Party;
    • (b) a member of the defence component of the sending Party may, at the time of that member's first arrival to take up service in the territory of the receiving Party or at the time of the first arrival of any dependent to join that member, import the personal effects and furniture of that member and that dependent duty-free for the term of that service;
    • (c) a member of the defence component of the sending Party may temporarily import duty-free their private motor vehicle for their personal use and the personal use of their dependents;
    • (d) goods that are imported duty-free under paragraphs (a), (b), and (c) may be re-exported but cannot be disposed of in the territory of the receiving Party by way of sale or gift, except when that disposal is authorized based on conditions imposed by the receiving Party, such as the payment of duty and tax, as well as compliance with the controls of trade and exchange;
    • (e) if a member of the defence component of the sending Party is present in the territory of the receiving Party by reason solely of being a member of that defence component, the period of that presence is not considered as a period of residence or as a change of residence or domicile for the purposes of taxation by the receiving Party. A member of the defence component of the sending Party is exempt from taxation by the receiving Party on the salary and emoluments paid to that member by the sending Party or on any tangible movable property if that property is present in the territory of the receiving Party solely because that member belongs to the defence component of the sending Party; and
    • (f) nationals and permanent residents do not enjoy the exemptions set out in this paragraph when they are in their country.

ARTICLE 8

Implementation

1. Arrangements and programs may be concluded or developed for the implementation of this Agreement. These arrangements and programs are developed, concluded, and implemented by the personnel authorized by the relevant Department of Canada and the Ministry of Defence of Brazil, with the joint consent of these authorities. These arrangements and programs must be restricted to the specific activities provided for under this Agreement or its related supplementary protocols, and consistent with the Parties' respective domestic laws.
2. The Parties designate the following as their executive agents for the implementation of this Agreement:
   • (a) on behalf of the Brazilian Party, the Ministry of Defence or its successor; and
   • (b) on behalf of the Canadian Party, the Department of National Defence or its successor.
3. The executive agents of the Parties may establish working groups to coordinate and prepare activities under this Agreement.
4. The Parties:
   • (a) understand that this Agreement is not a procurement instrument; and
   • (b) will complete any procurement under this Agreement in accordance with their respective domestic laws. The Parties understand that any procurement of defence supplies by Canada will take place under the authority of the Minister of Public Services and Procurement or their successor.

ARTICLE 9

Settlement of Disputes

The Parties shall settle a dispute in connection with the interpretation or application of this Agreement through consultations and negotiations as follows:

• (a) in the first instance, the Parties shall ensure that the participants of the specific activity under this Agreement that gives rise to the dispute make best efforts to settle the dispute, through direct consultations and negotiations; and
• (b) if the participants fail to settle the dispute, the Parties shall settle the dispute by direct consultations and negotiations, through diplomatic channels.

ARTICLE 10

Claims

The Parties shall resolve a claim that results from an activity under this Agreement in accordance with their respective domestic laws and international obligations. In the absence of a statutory or regulatory claims process, the Parties shall resolve claims through direct consultations and negotiations.

ARTICLE 11

Supplementary Protocols and Amendments

1. The Parties may conclude supplementary protocols to this Agreement on specific areas of cooperation on defence matters.
2. The Parties may amend this Agreement by mutual consent, in writing, through diplomatic channels.
3. A supplementary protocol or an amendment enters into force sixty (60) days after the Parties exchange, in writing, through diplomatic channels, the last notification that indicates that they have completed their respective domestic requirements to bring that protocol or amendment into force.

ARTICLE 12

Final Dispositions

1. This Agreement enters into force sixty (60) days after the Parties exchange, in writing, through diplomatic channels, the last notification that indicates that they have completed their respective domestic requirements to bring this Agreement into force.
2. A Party may terminate this Agreement by giving ninety (90) days' notice, in writing, to the other Party through diplomatic channels. The Parties may terminate this Agreement by mutual consent, in writing, through diplomatic channels.
3. In case of termination of this Agreement, the Parties may decide, in writing, to continue to apply its dispositions until ongoing activities are completed.
4. In case of termination of this Agreement, each Party shall fulfill the obligations undertaken while this Agreement was in force, unless otherwise jointly decided by the Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at Brasilia, on the 27^th day of June 2023, in duplicate, in the English, French, and Portuguese languages, all versions being equally authentic. In case of divergence in interpretation, the English text shall prevail

Mélanie Joly

FOR THE GOVERNMENT OF CANADA

Mauro Luiz Iecker Vieira

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL