PROVISIONAL MEASURE # 2,200, OF June 28, 2001

Institute the Infra?Brazilian Public Keys Structure? ICP?Brazil, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Is the Infra instituted?Brazilian Public Keys Structure? ICPPAC -Brazil, to ensure the authenticity, integrity and legal validity of documents in electronic form, support applications, and enabled applications using digital certificates, as well as carrying out transactions secure electronic.

Art. 2º The ICP?Brazil, whose organization will be defined in regulation, will be composed of a policy manager and chain of certifying authorities composed of the Root Certification Authority? AC Raiz, by the Certificator Authorities? AC and the Registration Authorities? AR.

Art. 3º The function of policy manager will be exercised by the ICP Gestor Committee?Brazil, bound for the Civil House of the Presidency of the Republic and composed of eleven members, being four representatives of civil society, members of interested sectors, designated by the President of the Republic, and seven representatives of the following bodies, indicated by their holders:

I? Civil House of the Presidency of the Republic ;

II? Office of Institutional Security of the Presidency of the Republic ;

III? Ministry of Justice ;

IV? Ministry of Finance ;

V? Ministry of Development, Industry and Exterior Trade ;

VI? Ministry of Planning, Budget and Management ;

VII? Ministry of Science and Technology.

§ 1º The coordination of the Gestor Committee of the ICP?Brazil will be exercised by the representative of the Civil House of the Presidency of the Republic.

§ 2º The representatives of civil society will be designated for two-year periods, allowed for re-driving.

§ 3º The participation in the ICP Gestor Committee?Brazil is of relevant public interest and will not be remunerated.

§ 4º The Gestor Committee of the ICP?Brazil will have a Secretariat-Executive in the form of the regulation.

Art. 4º The Gestor Committee of the ICP?Will Brazil be an advisor and receive technical support from the Center for Research and Development for Communications Security? CECFSP.

Art. 5º Compete to the Gestor Committee of the ICP?Brazil:

I? adopt the necessary measures and coordinate the deployment and operation of the ICP?Brazil ;

II? establish the policy, criteria, and standards for licensing of AC, AR and other ICP support service providers?Brazil, at all levels of the certification chain ;

III? establish the certification policy and operational rules of AC Raiz ;

IV? homologate, audit and scrutinise AC Raiz and its service providers ;

V? establish guidelines and standards for the formulation of certificates and operational rules of the AC and AR and set levels of the certification chain ;

VI? approving policies for certificates and operational rules, licensing and authorizing the functioning of the AC and AR, as well as authorizing AC Raiz to issue the corresponding certificate ;

VII? identify and evaluate the external ICP policies, when it is the case, certify their compatibility with ICP?Brazil, to negotiate and approve bilateral certification, cross-certification agreements, interoperability rules and other forms of international cooperation ;

VIII? update, adjust, and review the procedures and practices established for the ICP?Brazil, ensure its compatibility and promote the technological update of the system and its compliance with the security policies.

Art. 6º To AC Raiz, first authority of the certification chain, executor of the Certificates Policies and technical and operational standards approved by the ICP Gestor Committee?Brazil, competes to issue, maintain and cancel the certificates of the level AC immediately subsequent to its, manage certificate of issued, cancelled and overdue certificates, and perform surveillance and audit activities of the AC and AR and of the ICP-enabled service providers, in compliance with the guidelines established by the ICP Gestor Committee?Brazil.

Single Paragraph. It is vetoed to AC Raiz issuing certificates for the end user.

Art. 7º The National Institute of Information Technology of the Ministry of Science and Technology is the AC Raiz of ICP?Brazil.

Single Paragraph. For the achievement of their goals, the National Institute of Information Technology could, in the form of the law, hire third-party services.

Art. 8º At AC, entities authorised to issue digital certificates by linking certain cryptographic code to the respective holder, competes to issue, expedite, distribute, revoke, and manage the certificates and correspondents cryptographic keys, place at the disposal of users lists of revoked certificates and other pertinent information and keep record of their operations.

Art. 9º At AR, entities operationally linked to certain AC, competes to identify and enroll users, forward certificates requests to the AC and maintain records of their operations.

Art. 10. Observed the criteria to be established by the Gestor Committee of ICPER-Brazil, they may be licensed as AC and AR the organs and public entities and legal persons of private law.

Art. 11. Is the level certification fun of the immediately subsequent to that of the certifying authority, except in the cases of lateral or cross-certification agreements previously approved by the ICP Gestor Committee?Brazil.

Art. 12. Consider?whether public or private documents, for all legal purposes, the electronic documents of which it treats this Provisional Measure.

Art. 13. Everyone is assured of the right to communicate with public bodies by electronic means.

Art. 14. The use of electronic document for tax purposes will further meet the provisions of the art. 100 of Law No. 5,172 of October 25, 1966? National Tax Code.

Art. 15. This Provisional Measure comes into force on the date of its publication.

Brasilia, June 28, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Gregori

Pedro Parente