VZCZCXRO2806
RR RUEHAST RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD RUEHTM RUEHTRO
DE RUEHBR #0142 0351348
ZNR UUUUU ZZH
R 041348Z FEB 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 3476
INFO RUEHSO/AMCONSUL SAO PAULO 3491
RUEHRI/AMCONSUL RIO DE JANEIRO 7228
RUEHRG/AMCONSUL RECIFE 9043
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE

UNCLAS BRASILIA 000142 
 
SENSITIVE 
 
SIPDIS 
 
REF: A) 2008 STATE 74080, B) 2008 BRASILIA 1113, 
C) 2008 STATE 109133 
 
E.O. 12958: N/A 
TAGS: TPHY SENV AORC KSCA PREL BR
SUBJECT: ANTARCTIC TREATY: BRAZIL UNLIKELY TO APPROVE 2003 ATCM 
MEASURE 1 BEFORE APRIL MEETING 
 
(U) THIS CABLE IS SENSITIVE BUT UNCLASSIFIED AND NOT FOR INTERNET 
DISTRIBUTION. 
 
¶1.  (SBU) On January 29 and again on February 3, ESTH Counselor met 
with key officials in the Ministry of External Relations (MRE) to 
press for Brazil to approve by early April the 2003 Antarctic Treaty 
Consultative Meeting (ATCM) Measure 1, which would create the 
Antarctic Treaty Secretariat (REFTEL A).  Ronaldo Lima Vieira, the 
official in the MRE's Division of Oceans, Antarctica and Space 
(DMAE) handles the Antarctica portfolio and Luis Pio Correa is the 
Acting Director of DMAE.  Pio Correa and Vieira told ESTH Counselor 
that the MRE was aware of the significance of the April deadline, 
but they feared that it is doubtful the Brazilian Congress will 
approve the Measure in time. 
 
¶2.  (SBU) Vieira and Pio Correa stressed that the Government of 
Brazil (GOB) supports approval of Measure 1.  This is consistent 
with the response that Luis Figueiredo Machado, the Director of the 
MRE's Environment Department, set forth in August 2008 (REFTEL B). 
Vieira pointed out that Figueiredo Machado was a creator of the ATCM 
Measure 1 proposal, and so it was especially embarrassing for the 
GOB that the approval was taking so long.  The underlying problem 
has been that the MRE's lawyers have determined that this Measure 
has to be approved by Congress. 
 
¶3.  (SBU) The Measure is under review by the Brazilian Congress and 
the ratification process is proceeding, though slowly.  In the 
Chamber of Deputies (the lower house), the Measure has been approved 
by one of the relevant committees, but it is pending approval in 
another committee and a vote by the full Chamber.  Congress has just 
returned for a brief session to elect the Congressional leaders and 
committee chairs, after which they will then go on recess again 
until March 2nd (after Carnival).  After the Chamber of Deputies 
finishes, then the Measure has to go through the appropriate Senate 
committees and then to the full Senate for approval.  Vieira - and 
Figueiredo Machado earlier - explained that the Congressional 
calendar has been and continues to be a full one. 
 
¶4.  (SBU) In Brazil, the President can send a "Provisional Measure" 
to Congress which then takes precedent over all other items to be 
considered and voted upon.  The President uses this procedural 
device frequently and now there are numerous Provisional Measures 
awaiting consideration.  Until the backlog of Provisional Measures 
is cleared, the Congress cannot consider and vote on the over 200 
treaties and agreements currently pending, including the 2003 ACTM 
Measure 1.  The Embassy will continue urge the GOB to push for fast 
action on the Measure and will also go directly to the Congressional 
committees to encourage them to act quickly. 
 
¶5.  (SBU)  At the February 3 meeting, Pio Correa said that he would 
speak later that day with MRE Under Secretary for Policy Everton 
Vargas on the matter.  He was conscious of the possible 
embarrassment for the head of the Brazilian delegation, whether the 
Minister or some other senior official, if Brazil arrives as the 
sole holdout on the Measure.  Pio Correa did caution that the 
Brazilian Congress was an independent branch and once it cleared the 
Provisional Measure calendar would set its own priorities. 
 
¶6.  (SBU) On a related note, Post delivered on December 30, 2008, 
diplomatic note (No. 565) to the MRE notifying them that the USG 
will host the annual Antarctic Treaty Consultative Meeting in April, 
2009, and it plans to include a high-level segment to which foreign 
ministers may be invited.  Vieira mentioned in the meeting in 
January that the Brazilian Embassy in Washington has also recently 
received this information.  For now, Vieira and Pio Correa did not 
know who would attend such a meeting for the GOB. 
 
SOBEL