Enforcement and effectiveness of the Bilateral Agreement on Residence (bilateral operative agreement

This article complements the information provided in our article “Bilateral Agreement on Residence” published in Marval News # 49 of April 28, 2006. The Argentine Consulate in the city of San Pablo, Brazil, lodged a formal consultation with the Commercial Board of San Pablo ("JUCESP") in order to obtain an official answer on the enforcement and effectiveness of this Agreement. As a result of this consultation, JUCESP, together with the D. Procuradoría, issued the “Parecer CJ/JUCESP No 23/2007 (dated January 10, 2007)” which concluded that Argentine citizens who are able to obtain temporary residence for two years in Brazil in accordance with the Agreement on Residence for Nationals of Mercosur Member States will be able to conduct any business activity in Brazil and, in particular, may be designated or appointed to hold administrative positions in Brazilian companies. Notwithstanding the above, and in view of the importance of the matter analyzed and its application in Brazil,JUCESP has requested a decision on the matter from the National Department of Commercial Registry - DNRC- in Brasilia. This decision is a clear reflection of the will for integration that both countries had in mind at the time of executing this Agreement. CONTACTS For more information, please contact: Pablo A Artagaveytia Gabriel Lozano