US embassy cable - 04BRASILIA1592

UNCLAS BRASILIA 001592 
 
SIPDIS 
 
PASS TO MARAD FOR GHALL/BCARLTON 
PASS TO DOT FOR KTOURTELLOT 
STATE FOR L/SMILLER 
 
E.O. 12958: N/A 
TAGS: EWWT, KTIA, BR, Transportation Issues 
SUBJECT: BILATERAL MARITIME AGREEMENT: ENGLISH AND PORTUGUESE 
LANGUAGE DIFFERENCES 
 
REF: (A) DEMARS-MARAD EMAIL OF 6/16/04 (B) STATE 130399 
 
1.  ECONOFF MET WITH INTERNATIONAL RELATIONS ADVISOR WANDERLY 
MANSO DE ALMEIDA AT THE ANTAQ (BRAZIL'S MARITIME REGULATOR) 
ON JUNE 16, 2004 TO DISCUSS THE LANGUAGE CHANGES SUBMITTED BY 
MARAD AND L TO THE BILATERAL MARITIME AGREEMENT PORTUGUESE 
TEXT (REF A).  THE GOB COUNTERPROPOSED THE FOLLOWING CHANGES 
IN ARTICLE I: 
 
A.  SUBSTITUTING "AO TRAFEGO DE LONGO CURSO DE CARGAS" FOR "A 
CARGA MARITIMA".  THE BRAZILIANS JUSTIFY THIS CHANGE BASED ON 
THE FACT THAT IN BRAZILIAN PORTUGUESE, CARGA MARITIME 
INCLUDES CABATOGE, WHICH NEITHER THE USG NOR THE GOB WANT TO 
INCLUDE IN THE AGREEMENT.  THE FIRST QUOTED PHRASE MORE 
CLOSELY RELATES TO THE ENGLISH "OCEANBORNE CARGO". 
 
B.  GOB SUGGESTS THE FOLLOWING CHANGES WHICH SERVE TO CONFORM 
THE TRANSLATED BRAZILIAN VERSION TO THE RULES OF PORTUGUESE: 
 "Cargas transportadas" should be plural, and changed from 
"carga transportada".  GoB would like clarifying language in 
at least the Portuguese version from "portos e pontos" 
(ports and points) to "portos ou pontos" (ports or points). 
Almeida contends this gives the phrase added earlier by the 
U.S. side more flexibility, since transported cargo doesn't 
strictly go between ports and points, but might go from port 
to port, port to point, or point to point.  Manso de Almeida 
also requested the change be made from "no territorio" to 
"do territorio". 
 
c.  If the USG accepts this language, the Portuguese version 
would read as follows: 
 
"As Partes desenvolverao as suas relacoes bilaterais de 
transporte maritime em conformidade com as seguintes 
disposicoes relativas ao trafego de longo curso de cargas, 
exclusive cargas a granel e cargas transportadas entre 
portos ou pontos do territrio de qualquer das Partes:" 
 
D.  THE GOB ACCEPTED ALL OTHER CHANGES SET FORTH IN THE 
REFTEL. 
 
2.  POST APPRECIATES DEPARTMENT, MARAD, AND DOT EFFORTS TO 
DATE TO RECONCILE THE PORTUGUESE AND ENGLISH TEXTS, AND 
AWAITS GUIDANCE FOR A RESPONSE TO THE GOB'S PROPOSED CHANGES. 
 
HRINAK