Totalization agreement between the united states and brazil

Agreement and administrative arrangement both signed at Washington June 30, 2015.
Entered into force October 1, 2018.

Contents

AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE FEDERATIVE REPUBLIC OF BRAZIL

The United States of America,

The Federative Republic of Brazil
(hereinafter individually known as “Contracting State” or collectively as “Contracting States”),

Being desirous of regulating the relationship between their two countries in the field of Social Security,

PART I

General Provision

Article 1

Definitions

1. For the purpose of this Agreement:
   1. “national” means, as regards the United States, a national of the United States as defined in Section 101, Immigration and Nationality Act, as amended; and, as regards Brazil, a national of Brazil according to the Federal Constitution of Brazil;

   Article 2
   

   Material Scope

   1. For the purpose of this Agreement, the applicable laws are:
   1. as regards the United States, the laws governing the Federal old‑age, survivors, and disability insurance program:
      1. Title II of the Social Security Act and regulations pertaining thereto, except sections 226, 226A, and 228 of that title, and regulations pertaining to those sections; and
      2. Chapters 2 and 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters; and
      1. the laws governing the General Regime of Social Security regarding old age, survivors and disability insurance programs; and
      2. the laws governing the military’s and the civil servants’ social security regimes regarding old age, survivors and disability insurance programs.

      Article 3

      Personel Scope

      This Agreement shall apply to:

      persons who are or have been subject to the laws of one or both Contracting States; and

      Article 4

      Equality of Treatment and Portability of Benefits

      1. A person designated in Article 3 of this Agreement who resides in the territory of one Contracting State shall receive equal treatment with nationals of the second Contracting State resident in the first Contracting State in the application of the laws of the second Contracting State regarding entitlement to or payment of benefits.

      PART II

      Provisions Concerning Applicable Laws

      Article 5

      Coverage Provisions

      1. Except as otherwise provided in this Article, a person employed within the territory of one of the Contracting States shall, with respect to that employment, be subject to the laws of only that Contracting State.
      1. a person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would otherwise be covered under the laws of both Contracting States shall be subject to the laws of only the Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the laws of the United States; and
      1. this Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963; and

      PART III
      

      Provisions on Benefits

      Article 6

      United States Benefits

      1. Where a person has completed at least 6 (six) quarters of coverage under United States laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under United States laws, the Competent Institution of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under Brazilian laws and which do not coincide with periods of coverage already credited under United States laws.
      1. the person’s average earnings credited exclusively under United States laws; and
      2. the ratio of the duration of the person’s periods of coverage completed under United States laws to the duration of a coverage lifetime as determined in accordance with United States laws.

      Article 7

      Brazilian Benefits

      1. When Brazilian laws require the completion of certain periods of coverage for acquiring, maintaining or recovering entitlement to old‑age, survivors or disability benefits, periods of coverage completed under United States laws shall be added, when necessary, to the periods of coverage completed under Brazilian laws, provided that they do not coincide with periods of coverage already credited under Brazilian laws. In determining entitlement to benefits in accordance with this paragraph, the Brazilian Competent Institution shall credit 3 (three) months of coverage for every quarter of coverage certified by the United States Competent Institution.

      Article 8

      Mutual Provision on Benefits

      The Competent Institution of one Contracting State shall take into account periods of coverage creditable under the laws of the other Contracting State exclusively in accordance with the laws of the first Contracting State.

      PART IV
      

      Miscellaneous Provisions

      Article 9

      Administrative Measures

      The Competent Authorities of both Contracting States shall:

      1. conclude an Administrative Arrangement and take all necessary administrative measures for the implementation of this Agreement and designate liaison agencies;
      2. communicate to each other information concerning the measures taken for the application of this Agreement; and
      3. communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.
         

      Article 10

      Mutual Assistance

      The Competent Authorities and the Competent Institutions of the Contracting States, within the scope of their respective authorities, shall assist each other in implementing this Agreement. This assistance shall be free of charge, subject to exceptions to be agreed upon in an administrative arrangement.

      Article 11

      Confidentiality of Exchanged Personal Data

      1. Unless otherwise required by the national statutes of a Contracting State, personal data transmitted in accordance with this Agreement to one Contracting State by the other Contracting State shall be used exclusively for purposes of administering this Agreement and the laws in Article 2 of this Agreement. The receiving Contracting State’s national statutes for the protection of privacy and confidentiality of personal data and the provisions of this Agreement shall govern such use.

      Article 12

      Confidentiality of Exchanged Employers' Information

      Unless otherwise required by the national statutes of a Contracting State, employers’ information transmitted between Contracting States in accordance with this Agreement shall be used exclusively for purposes of administering this Agreement and the applicable laws. The receiving Contracting State’s national statutes for the protection and confidentiality of employers’ information and the provisions of this Agreement shall govern such use.

      Article 13

      Documents

      1. Where the laws of a Contracting State provide that any document which is submitted to the Competent Authority or a Competent Institution of that Contracting State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the Competent Authority or a Competent Institution of the other Contracting State in the application of this Agreement.

      Article 14

      Correspondence and Language

      1. The Competent Authorities and the Competent Institutions of the Contracting States may correspond directly with each other and with any person wherever the person may reside whenever it is necessary for the administration of this Agreement.

      Article 15

      Applications

      1. A written application for benefits filed with a Competent Institution of one Contracting State shall protect the rights of the persons on behalf of whom the application is filed under the laws of the other Contracting State if the applicant requests that it be considered an application under the laws of the other Contracting State.

      Article 16

      Appeals and Time Limits

      1. A written appeal of a determination made by a Competent Institution of one Contracting State may be validly filed with a Competent Institution of either Contracting State. The appeal shall be decided according to the procedure and laws of the Contracting State whose decision is being appealed.

      Article 17

      Transmittal of Claims, Notices and Appeals

      The Competent Institution to which a claim, notice or written appeal has been submitted under the provisions of Article 15 or 16, or both, of this Agreement shall transmit it without delay to the Competent Institution of the other Contracting State, indicating the date of receipt on the document.

      Article 18

      Currency

      1. Payments under this Agreement may be made in the currency of the Contracting State making the payments.

      Article 19

      Resolution of Disputes

      Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Competent Authorities, through diplomatic channels.

      Article 20

      Supplementary Agreements

      This Agreement may be amended in the future by supplementary agreements which, after the notification of the completion of the required internal legal procedures of each Contracting State, shall be considered, from their entry into force, an integral part of this Agreement. Such agreements may be given retroactive effect if they so specify.

      PART V
      

      Transitional and Final Provisions

      Article 21

      Transitional Provisions

      1. This Agreement shall not establish any claim to payment of a benefit for any period before the date of entry into force of this Agreement, or to a lump-sum death benefit if the person died before the entry into force of this Agreement.

      Article 22

      Duration and Termination

      1. This Agreement shall remain in effect until the expiration of one calendar year following the year in which written notice of its termination is given by one of the Contracting States to the other Contracting State.

      Article 23

      Entry into Force

      The Governments of both Contracting States shall notify each other in writing of the completion of their respective statutory and constitutional procedures required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the month following 90 (ninety) days after the date of the last notification.

      IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement.

      DONE at Washington on the 30th day of June, 2015, in duplicate in the English and Portuguese languages, each text being equally authentic.

      FOR THE UNITED STATES OF AMERICA:

      FOR THE FREDERATIVE REPUBLIC OF BRAZIL:

      ADMINISTRATIVE ARRANGEMENT
      BETWEEN THE COMPETENT AUTHORITIES
      OF THE UNITED STATES OF AMERICA
      AND THE FEDERATIVE REPUBLIC OF BRAZIL
      FOR THE IMPLEMENTATION OF THE
      AGREEMENT ON SOCIAL SECURITY

      The Competent Authority of the United States of America (United States) and

      the Competent Authority of the Federative Republic of Brazil (Brazil),

      In conformity with Article 9(a) of the Agreement on Social Security between the United States of America and the Federative Republic of Brazil of this date, (hereinafter referred to as the “Agreement”), have agreed as follows:
      

      Chapter I

      General Provisions

      Article 1
      

      Where terms which appear in the Agreement are used in this Administrative Arrangement, they shall have the same meaning as they have in the Agreement.

      Article 2

      1. The liaison agencies referred to in Article 9(a) of the Agreement shall be:
         1. for the United States, the Social Security Administration; and
         2. for Brazil, the National Social Insurance Institute.

         Chapter II

         Provisions on Applicable Laws

         Article 3

         Where the laws of a Party are applicable in accordance with any of the provisions of Article 6 of the Agreement, the Agency of that Party, upon request of the employer or self-employed person, shall, in circumstances agreed upon by the Parties, issue a certificate stating that the employee, or the employer with respect to that employee, or self-employed person is subject to those laws and indicating the duration for which the certificate shall be valid. This certificate shall be proof that the named worker and the employer in respect of the named worker are exempt from the laws on compulsory coverage of the other Party.

         Chapter III

         Provisions on Benefits

         Article 4

         Applications for benefits under the Agreement shall be submitted on forms to be agreed upon by the Competent Institutions of the two Contracting States.

         Chapter IV

         Miscellaneous Provisions

         Article 5

         In accordance with measures to be agreed upon pursuant to paragraph 2 of Article 2 of this Administrative Arrangement, the Competent Institution of one Contracting State shall, upon request of the Competent Institution of the other Contracting State, furnish available information relating to the claim of any specified individual for the purpose of administering the Agreement.

         Article 6

         The Competent Institutions of the two Contracting States shall exchange statistics on the certificates issued under Article 3 of this Administrative Arrangement and on the payments made to beneficiaries under the Agreement. These statistics shall be furnished annually in a manner to be agreed upon.

         Article 7

         Where administrative assistance is requested under Article 10 of the Agreement, expenses other than regular personnel and operating costs of the Competent Institution providing the assistance shall be reimbursed, except as may be agreed to by the Competent Authorities or the Competent Institutions of the Contracting States.

         Article 8

         This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and shall remain in force so long as the Agreement is in force.

         DONE at Washington on the 30th day of June, 2015, in duplicate in the English and Portuguese languages, each text being equally authentic.

         FOR THE COMPETENT AUTHORITY OF THE UNITED STATES OF AMERICA:

         FOR THE COMPETENT AUTHORITY OF THE FEDERATIVE REPUBLIC OF BRAZIL: