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Cablegate: Brazil: Piracy Cpi's Fourth Ipr Bill

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 BRASILIA 002160

SIPDIS

STATE FOR WHA/BSC, EB/TPP/MTA/IPC SWILSON, AND CA/VO
STATE PASS TO USTR FOR SCRONIN, LYANG AND BPECK
USDOC FOR
4322/ITA/MAC/WH/OLAC/WBASTIAN/JANDERSEN/DMCDO UGALL/DRISCOLL
USDOC FOR 3134/USFCS/OIO/EOLSON/DDEVITO
TREASURY FOR OASIA/SEGAL
NCS FOR DEMPSEY

E.O. 12958: N/A
TAGS: KIPR ETRD KCRM PGOV ECON BR IPR
SUBJECT: BRAZIL: PIRACY CPI'S FOURTH IPR BILL

REFS: A) BRASILIA 2150 B) BRASILIA 2017 C) BRASILIA 1668

1. This is the fourth in a series of five cables on
legislation put forward on July 16, 2004 by Deputies
belonging to the Congressional Investigative Commission on
Piracy (reftels). Below is Embassy's unofficial
translation of the text of the fourth bill.

2. Bill 3967/2004
(of the Piracy CPI)

Modifies the penalty for crimes of contraband and receipt
of illicit goods

The National Congress decrees:

Article 1 - This law increases the penalty for privation of
liberty mandated for the crimes of contraband or smuggling
and receipt of illicit goods, penalties restricting rights:

Article 2 - Art. 180 and 334 of Decree-law no. 2.848 of
December 7, 1940, enters into effect with the following
edit:

"Art. 180 .......................
Penalty - confinement, from 1 (one) to 4 (four) year, and
loss of the right to do business.

Paragraph 1 .......................
Penalty - confinement from 3(three) to 8(eight) years, and
loss of the right to do business."

"Art. 334. Import or export prohibited merchandise or
evade, in full or in part, the payment of rights or taxes
due on the entrance, or the exit or consumption of
merchandise:
Penalty - confinement, from 1(one) to 4(four) years and
loss of merchandise and the vehicle used to effect the
entrance or exit, as well as losing the right to do
business."

Article 3 - This law goes into effect on the date of its
publication.

JUSTIFICATION

The bill that the Piracy CPI hereby presents has as its
objective modification of the penal law to combat piracy so
prevalent in our society.

In Foz do Iguacu there are many buses that cross the border
every day. These buses, contrary to what might be
expected, don't carry passengers, as they don't even have
seats. They are true cargo carriers, loaded with
merchandise that is illegal either because it can't come
into the country or because it came in without paying the
taxes due.

In the same way, throughout Brazil stores sell pirated
merchandise; when there is an investigation, we seize it,
and the next day they are back in business with hundreds
more illegal products.

The objective of this bill is, besides the deprivation of
liberty already proscribed by the law, to deprive merchants
who sell illegal products of the right to do business and
those who promote contraband to lose the means of transport
through which the crime was committed, in addition to the
merchandise, which is often not even seized.

With the hope that these measures help to decrease the
entrance of illegal products into the country, we count on
the support of the illustrious Deputies for approval of
this project.

Sessions Room, July 16, 2004
Deputy Medeiros, President
Deputy Josias Quintal, Reporter

End unofficial Embassy translation.

Danilovich

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