Overall Budget Of The National Administration Approving Exercise 2012 - Updated Text Of The Norm

Original Language Title: PRESUPUESTO GENERAL DE LA ADMINISTRACION NACIONAL APROBACION EJERCICIO 2012 - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
GENERAL BUDGET OF NATIONAL ADMINISTRATION

LEY 26.728

Approve the General Budget of the National Administration for Exercise 2012.

Sanctioned: December 21, 2011

Promulgated: December 27, 2011

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

PART I

General provisions

CHAPTER I

Budget of expenditure and resources of the national administration

ARTICLE 1 - Note in the sum of five hundred thousand and twenty-nine million nine hundred and fifty-three thousand four hundred thirty-five pesos ($ 505.129.953.435) the total current and capital expenses of the overall budget of the national administration for the year 2012, for the purposes set out below, and analytically in tables 1, 2, 3, 4, 5, 6 and 7 annexed to this article.

Finality
Current expenditure Capital expenditures Total
Administration
Government
21.696.201.206
11.160.989.689
32.857.190.895
Defence Services
Security
27.853.080.513 1.288.185.477 29.141.265.990
Social Services 280.685.779.276 22.341.784.373
303.027.563.649
Economic services 65.997.531.628 28.996.980.332
94.994.511.960
Public Debt
45.109.420.941

45.109.420.941
Total 441.342.013.564
63.787.939.871
505.129.953.435

ARTICLE 2o- In the sum of five hundred thousand five hundred seventy and six million two hundred thousand eight hundred and fifty-seven pesos ($ 506,576,200,857) the calculation of current and capital resources of the national administration according to the summary below and the detail contained in table 8 annexed to this article.

Current resources 504.562.640.428
Capital resources 2.013.560.429
Total
506.576.200.857

ARTICLE 3o- Note in the sum of ninety pesos and one thousand nine hundred eighteen million seven hundred ninety-four thousand one ($ 91,918,794,101) the amounts corresponding to the figurative expenses for current and capital transactions of the national administration, thus establishing the financing for figurative contributions of the national administration in the same amount, according to the detail contained in tables 9 and 10 annexes to this article.

ARTICLE 4o - As a result of the provisions of articles 1 and 2 and 3, the surplus financial result is estimated in the sum of pesos a thousand four hundred forty-six million two hundred forty-seven thousand four hundred twenty-two ($ 1,446,247,422). The following are the sources of financing and financial applications detailed in tables 11, 12, 13, 14 and 15 annexed to this article:


Sources of financing
239.848.137.960
- Decrease in financial investment
11.898.133.583
- Public indebtedness and increase in other liabilities
227.950.004.377
Financial applications 241.294.385.382
- Financial investment 64.928.246.500
- Debt recovery and decrease in other liabilities 176.366.138.882

Note in the sum of pesos four thousand one hundred nine million eight hundred forty and four thousand one hundred sixty ($ 4.109.844.160) the amount corresponding to figurative expenses for financial applications of the national administration, thus establishing financing for figurative contributions for financial applications of the national administration in the same amount.

ARTICLE 5o- The head of Cabinet of Ministers, through administrative decision, shall distribute the provisions of this Act at least at the level of the limiting items set out in the decision and in the programmatic openings or equivalent categories that he deems relevant.

In addition, the head of the Cabinet of Ministers may determine the powers for budgetary restructuring in the framework of the powers assigned by the Ministry Act (text ordered by Decree 438/92) and its amendments.

ARTICLE 6o- Increases may not be approved in the positions and hours of chairs exceeding the totals set in the tables annexed to this article for each jurisdiction, decentralized body and institution of social security. Except for such limitation to transfers of charges between jurisdictions and/or decentralized agencies and the charges for the senior authorities of the national executive branch. The positions corresponding to the executive functions of the Collective Labour Convention on the Sectoral Work of the National Public Employment System (SINEP), approved by Decree 2.098 of 3 December 2008, the extensions and restructures of posts originating in the performance of final judicial sentences and in administrative claims issued favourably, the regimes that determine incorporations of agents that complete the National Scientific Service Also, except for the limitation to approve increases in the positions and hours of chairs that exceed the totals set in the tables annexed to this article to the National Communications Commission, the National Hospital “Professor Alejandro Posadas”, the National Civil Aviation Administration and the Federal Audiovisual Communication Services Authority, in order to implement the provisions of Law 26,522 and its regulations.

Authorize the head of the Cabinet of Ministers to exempt from the limitations set forth in this article, the charges for jurisdictions and entities whose organizational structures have been approved until 2011.

ARTICLE 7o- Except as a well-founded decision of the head of Cabinet of Ministers, the jurisdictions and entities of the national administration shall not be able to fill the existing vacant posts at the date of the sanction of this law, nor those that occur subsequently. The administrative decisions issued in this regard shall be effective during the present fiscal period and the following for cases where the unfrozen vacancies could not be covered.

The positions of the higher authorities of the national civil service, the scientific and technical staff of the agencies specified in article 14 (a) of Law 25,467, those of the officials of the active permanent corps of the foreign service, the positions of the National Communications Commission, of the “Professor Alejandro Posadas”, of the National Civil Aviation Administration, of the Federal Audiovisual Authority, are exempted from the above provisions.

The administrative decisions issued shall be in effect during the present fiscal period and the following for cases where the unfrozen vacancies could not be covered.

ARTICLE 8o - Authorize the head of the Cabinet of Ministers to introduce extensions to the budgetary credits approved by this law and to establish their distribution to the extent that they are financed with increased sources of financing originated in loans from international financial agencies to which the Nation is a party and those originated in bilateral country-country agreements and those from the authorization granted by Article 42 of this Law, provided that their amount is compensated with other domestic credits.

ARTICLE 9 The head of the Cabinet of Ministers may have extensions in the budgetary provisions of the central administration, the decentralized agencies and social security institutions, and their corresponding distribution, financed with increased resources with specific impact, own resources, transfers of entities of the national public sector, donations and remnants of previous years. The measures taken in the use of this faculty should allocate thirty-five percent (35%) to the National Treasury. Except for such contribution to resources with specific impact to the provinces, and those originating in transfers of entities of the national public sector, donations, remnants, sale of goods and/or services and contributions, in accordance with the definition contained in the classification of resources by headings of the budget classification manual.

ARTICLE 10. The powers granted by this law to the head of the Cabinet of Ministers may be assumed by the national executive branch, in his capacity as political head of the general administration of the country and in accordance with article 99, paragraph 10, of the National Constitution.

CHAPTER II

Standards on expenditure

ARTICLE 11.- Authorize, in accordance with the provisions of article 15 of the Financial Administration and National Public Sector Control Systems Act, 24,156 and its modifications, the hiring of works or acquisition of goods and services whose period of execution exceeds the financial period 2012 in accordance with the detail in the grid annexed to this article.

ARTICLE 12. Note as a credit to finance the operating expenses, investment and special programs of the national universities, the sum of pesos seventeen thousand five hundred forty-eight million three hundred seventy thousand ($ 17,548,370.000), according to the detail of the annexed table “A” to this article.

Please note that the head of the Cabinet of Ministers shall, in addition to that set out in the preceding paragraph, make the distribution in the “B” grid annexed to this article for the total sum of four hundred and four million four hundred and ninety thousand ($ 404,490.000), through discounts and/or compensations made in the credits allocated to the other jurisdictions.

National universities should submit to the Ministry of Education University Policy Secretariat the information necessary to allocate, execute and evaluate the resources transferred to it in any way. The Ministry may terminate transfers of funds in the event of non-compliance with such information, in time and form.

ARTICLE 13. Appropriate for the present period, in accordance with the detail contained in the table annexed to this article, the financial flows and the use of trust funds composed entirely or mainly of goods and/or funds of the national State, in compliance with article 2 (a) of Law 25.152. The head of Cabinet of Ministers shall submit quarterly reports to both Houses of the Honorable Congress of the Nation on the flow and use of trust funds, including the transfers made and the works executed and/or programmed.

ARTICLE 14. During this exercise, the sum of pesos a thousand two hundred fifty and two million nine hundred seventeen thousand ($ 1,252,917,000) as a contribution to the National Employment Fund (FNE) for the care of employment programmes of the Ministry of Labour, Employment and Social Security.

ARTICLE 15. The national State takes charge of the obligations generated in the Electrical Majorist Market (MEM) by application of resolution 406 of September 8, 2003 of the Ministry of Energy, corresponding to the aggravations of Nucleoeléctrica Argentina Sociedad Anónima (NASA), of the Binational Entity Yacyretá and the surpluses generated by the economic Complex of Salto54.

The obligations referred to in the preceding paragraph shall be met through financial applications and included in Article 2 (f) of Law 25.152.

ARTICLE 16. To join the National Fund for the Enrichment and Conservation of Native Forests, pursuant to article 31 of Law 26.331, a weight of two hundred sixty-seven million four hundred sixty-seven thousand ($ 267,467,000) and for the National Programme for the Protection of Native Forests a weight of thirty-two million six hundred eighteen thousand ($ 32.618,000).

ARTICLE 17. The national State shall, by means of financial applications, meet the emerging obligations of the differences between the recognized rate to the Binational Entity Yacyretá by number 1 and 2 of the reversal note of January 9, 1992 Rate and Financing Yacyretá Project, of the Yacyretá Treaty signed with the Republic of Paraguay, and the net value that it collects in the Liquidated Spot Market, by the wholesaler market,

The debts referred to in the preceding paragraph shall be included in article 2 (f) of the Act 25.152.

ARTICLE 18. Keep the provisions of article 22 of Law 26,546 for the year 2012 extended in accordance with article 27 of Law 24,156, under the terms of Decree 2,053 of 22 December 2010.

(Note Infoleg: by art. 17 of the Act No. 26.784 B.O. 05/11/2012, text according toart. 17 of theAct No. 26.895B.O. 22/10/2013, the provisions of this article are extended for the period 2014)

ARTICLE 19. - Consider the non-refundable contribution given to the INVAP S.E. Company for the sum of pesos 12 million ($ 12,000.000) under article 109 of Law 25.565.

Please refer to the National Accounts under the Budget Undersecretariat of the Ministry of Economy and Public Finance Ministry of Finance to carry out the corresponding accounting records.


CHAPTER III

Resource standards

ARTICLE 20. Dispose the income as a contribution to the National Treasury of the sum of pesos nine hundred thirty-three million nine hundred six thousand ($ 933,906,000), according to the distribution indicated in the table annexed to this article. The Chief of Cabinet of Ministers shall establish the payment schedule.

ARTICLE 21. Note in the sum of pesos sixty-five million four hundred fifteen thousand ($ 65,415,000) the amount of the regulatory rate as set out in the first paragraph of Article 26 of Law 24,804 – National Act on Nuclear Activity.

ARTICLE 22. Please maintain the provisions of articles 26, 27 and 28 of Law 26,546 for the year 2012, extended in accordance with article 27 of Law 24,156, in the terms of Decree 2053 of 22 December 2010.

(Note Infoleg: by art. 25 of the Act No. 27,591 B.O. 14/12/2020 extended to Exercise 2021 the provisions of article 22 of the Act Act No. 27.467. Previous: art. 22 of the Act No. 27.467 B.O. 4/12/2018; art. 22 of the Act No. 27.431 B.O. 2/1/2018; Act No. 27,341 B.O. 21/12/2016; Act No. 27.198 B.O. 4/11/2015; art. 22 of the Act No. 27.008 B.O. 18/11/2014; art. 29 of theAct No. 26.895B.O. 22/10/2013; art. 20 of the Act No. 26.784 B.O. 05/11/2012.)

ARTICLE 23. Remanents of resources originated in the provision of additional services, regardless of their modality, computed by the Argentine Federal Police, under the authorization provided by Decree Law 13.473 dated 25 October 1957 and its regulation provided by Decree 13.474 dated 25 October 1957, validated by law 14.467 and its amendments, may be incorporated into the resources of the next Federal Police Service.

ARTICLE 24. The resources obtained by the radio spectrum auction will be specifically affected by the improvement and installation of new telecommunications networks within the framework of the national plans “Argentina Connected” and “Connect Equality.com.ar” and the development of the Argentine Terrestrial Digital Television and Digital Direct Television Systems to the Home. Except for the contribution established by Article 9 of this Law to the extensions of budgetary provisions funded by the above-mentioned resources.

ARTICLE 25. Extract from the tax on the presumed minimum profit, established by Law 25.063 and its modifications, to the company Emprendimientos Energéticos Binacionales Sociedad Anónima (EBISA) and exempt it from any perception and retention of the tax on profits and the tax on added value.

ARTICLE 26. Explain the tax on liquid fuels and natural gas, provided for in Title III of Law 23.966 (t. 1998) and its modifications, of the gasoil tax established by Law 26.028 and of all other specific taxes that in the future are imposed on such fuel, on the imports of diesel oil and oil to compensate for the sale in the domestic market, carried out during 2012, of which the electricity market is used.

The waiver provided in the preceding paragraph shall be appropriate while the average monthly import parity of diesel oil or diesel oil without taxes, except for the added value tax, is not less than the refinery price of those goods.

Authorize to import under the present regime for 2012, the volume of seven million cubic meters (7,000.000 m3), which can be extended by up to twenty per cent (20 per cent), according to the assessment of their need carried out jointly by the Ministry of Finance, under the Ministry of Economy and Public Finance and the Ministry of Energy, under the Ministry of Federal Planning, Public Investment and Services.

The national executive branch, through the agencies it deems appropriate, shall distribute the quota in accordance with the regulations it dictates in this respect, having to refer to the Honorable Congress of the Nation, in a quarterly manner, the relevant report which shall contain indication of the volumes authorized by company, evolution of market prices and conditions of supply and report on compliance with Resolution 1679 of 23 December 2004 of the Energy Secretariat.

In matters not regulated by the present regime, the provisions of Act No. 26.022 shall be supplemental and complementary.

ARTICLE 27. Please provide the time limit provided for in articles 2 and 5 of Law 26,360, for investment in industrial activities, up to 31 December 2012, inclusive.

To this end, the tax quotas provided for in article 6 of the above-mentioned Act, which have not been used during the period of validity of the said Act, and until the time of entry into force of this rule, may be used in future competitions.

Calls to contest to be held shall discriminate against tax quotas for large and small and medium-sized enterprises, so that they do not compete with each other. In addition, in the event that in a so-called quota assigned to one (1) of the groups becomes surplus, it may be transferred to the other.

The implementing authority may modify the requirements to facilitate access to small and medium-sized enterprises and encourage greater national integration and development of local suppliers from large companies.

Industrial projects will have an effective principle of execution when funds associated with investment projects have been erogated from 1 October 2007 to 31 December 2012, both inclusive dates, not less than seven with fifty cents per cent (7.50 per cent) of the planned investment.

In the case of investment projects in industrial activities presented by small and medium-sized enterprises the benefits of accelerated amortization in the income tax and advance return of the added value tax will not be excluded from each other.

Please refer to the national executive branch to modify the accounts for the regime ' s audits, which may be differentiated according to large, small or medium-sized enterprises. It is also empowered to modify them, leave them without effect or restore them, as it deems appropriate.

(Note Infoleg: by art. 92 of the Act No. 27.431 B.O. 2/1/2018 extends the deadlines provided for in articles 2 and 5 of the Law 26,360 and its amendment to Law 26,728, for investment in infrastructure, until December 31, 2018, inclusive.
It will be understood that there is an effective principle of execution when funds associated with the investment project have been erogated from 1 October 2010 to 31 October 2018, both inclusive dates, not less than QUINCE per IQUA (15 %) of the planned investment, even if the works have been initiated between 1 October 2007 and 30 September 2010.. Previous extension: art. 58 of the Act No. 27,341 B.O. 21/12/2016 art. 60 of the Act No. 27.198 B.O. 4/11/2015).

ARTICLE 28. Incorporate as subparagraph (d) the first paragraph of Article 5 of Law 26,360, the following text:

(d) For investments made during quarters twelve (12) months and the following fifteen (15) immediate calendar months after the date indicated in subparagraph (a) of this article:

I. - In amortizable movable goods acquired, produced, manufactured or imported in that period: at least three (3) annual quotas, equal and consecutive.

ARTICLE 29. - Replace articles 11, 12 and 29 of Law 26.457, with the following:

Article 11: Be a benefit consisting of the perception of a tax bond on the value of the purchases of the parts, parts, subsets, assemblies and motor parts, matrices and local moulds for the export or local production of the vehicles covered by Article 2 and/or motors for such vehicles, which are acquired by the companies adhering to the law in accordance with Title I of the present.

The aforementioned tax bond shall be nominative and non-transferable, and shall apply to the payment of national taxes, except for those levies for social security or specific affectation.

In no case shall the fiscal bond be applied to the payment of debts prior to the effective approval of the project, nor shall any balances in favour result in refunds and returns by the national State.

The amount of the bonds received will not be computed for the determination of the tax on profits.

Please provide the National Executive to establish the taxes that may be cancelled with the fiscal bond established in this article.

Article 12: The amount of the benefit agreed in the preceding article shall be equivalent to a percentage of the ex-factory value prior to the tax of the parts, parts, subsets, assemblies and motor parts, matrices and local moulds that are intended for the export or production of the vehicles covered by Article 2 of this norm and/or motors for such vehicles, and comply with the conditions established by the application authority. The applicable percentage shall be determined on the basis of the period in which the five-year production plan for the benefit is developed, in accordance with the following schedule:

Year Percentage of applicable benefit
2009
25
2010 24
2011
23
2012
22
2013
21
2014
20
2015
19
2016
18
2017
17
2018
16

Tax bonds shall be issued on the ex-factory value of the parts, parts, subsets, assemblies and motorbikes, local matrices and moulds, net of the added value tax (VAT), financial expenses and discounts and bonuses.

The benefits provided for in this title and those agreed upon by Decree 379 of 29 March 2001, their modifications and any regime that replaces it, are mutually exclusive in respect of the same good.

Article 29: For the purpose of calculating the benefits applicable to vehicles manufactured in the country under the terms of this law, which in turn contain engines subject to the benefits agreed upon by it, the amount of profit corresponding to the aforementioned engines must be detracted.

ARTICLE 30. Incorporate as new article 15 bis of Law 26.457 the following:

Article 15 bis: Exports of local motorcycles - exclusively - identified as provided for in article 13 of this law, which are made by companies that manufacture such goods, shall be achieved by the benefit of this title.

In this case, the amount of profit will be equivalent to a percentage of the export FOB value. This percentage shall be established in accordance with the schedule provided for in Article 12.

The application authority shall establish the terms and conditions of access to such benefit.

CHAPTER IV

Tax quotas

ARTICLE 31. Note the annual quota referred to in Article 3 of Law 22,317 and Article 7 of Law 25.872, in the sum of pesos one hundred and eighty million ($ 180,000,000), according to the following detail:

(a) Weights 18 million ($ 18.000,000) for the National Institute of Technological Education;

(b) Weights 80 million ($ 80,000) for the Secretariat of Small and Medium Enterprise and Regional Development;

(c) Weights 12 million ($ 12,000.000) for the Secretariat of Small and Medium-sized Enterprise and Regional Development (Article 5 (d) of Law 25.872);

(d) Weights 70 million ($ 70,000) for the Ministry of Labour, Employment and Social Security.

It is established that the amount of the tax credit referred to in Law 22,317 will be administered by the National Institute of Technological Education within the Ministry of Education.

ARTICLE 32. Note the annual quota set out in article 9 (b) of Law 23,877 in the sum of pesos 60 million ($ 60,000.000). The implementing authority of Act No. 23,877 shall distribute the quota assigned to the operator established to contribute to the financing of the costs of the execution of research and development projects in priority areas in accordance with Decree 270 of 11 March 1998 and to finance projects under the Programme for the Promotion of the Investment of Risk in Businesses of the Areas of Science, Technology and Productive Innovation as established by Decree No. 1207 of 2006.

CHAPTER V

Cancellation of debts of forecast origin

ARTICLE 33. The maximum limit is the sum of three thousand five hundred and forty-one million three hundred thousand pesos ($ 3,541,300.000) for the payment of previsional debts recognized at the judicial and administrative headquarters as a result of retroactives arising from adjustments in the benefits of the Argentine Integrated Previsional System by the National Social Security Administration, a decentralized agency within the Ministry of Labour, Social Security and Employment.

ARTICLE 34.- Please provide the payment in cash by the National Social Security Administration of the projected debts consolidated under Act No. 25,344 and pay by placing public debt instruments.

ARTICLE 35. Authorize the head of Cabinet of Ministers to extend the limit set out in article 33 of the present law for the cancellation of previsional debts recognized in judicial and administrative headquarters as a result of retroactives arising from adjustments made to the benefits of the Argentine Integrated Previsional System by the National Social Security Administration, to the extent that compliance with those obligations so requires. Authorize the head of Cabinet of Ministers to make the necessary budgetary changes in order to comply with this article.

ARTICLE 36. The cancellation of consolidated forecast debts, in accordance with the regulations in force, in compliance with judicial decisions ordering the payment of retroactive and readjustments by the appropriate party to pay through the placement of public debt instruments to retired and pensioned from the armed forces and security forces, including the Federal Prison Service, will be taken into account with the amounts corresponding to the Institute of Financial Assistance for the payment of certain Federal Prisons

ARTICLE 37. The sum of eight hundred and twenty-four million seven hundred and thirty-six thousand pesos ($ 824,736,000) for the payment of court judgements by the appropriate party to pay in cash for any reason, as a result of retroactives resulting in adjustments in the benefits of retired and pensioned members of the armed forces and security forces, including the Federal Prison Service, in accordance with the following detail:

Financial Aid Institute for Retirement and Military Pensions 428.461,000
Retirement and Pension Fund of the Federal Police Argentina 187.214,000
Federal Prison Service 122.076,000
National Gendarmerie 82.985,000
Naval Prefecture Argentina 4,000.000

Authorize the head of the Cabinet of Ministers to extend the limit set out in this article for the cancellation of projected debts, recognized at the judicial and administrative headquarters as a result of retroactives arising from adjustments made to the benefits of retired and pensioned members of the armed forces and security forces, including the Federal Prison Service, where such obligations are met.

Authorize the head of Cabinet of Ministers to make the necessary budgetary changes in order to comply with this article.

ARTICLE 38. Disposable the payment of the credits derived from court judgements for readjustments of assets to the prospective beneficiaries of the armed forces and security forces, including the Federal Prison Service, over seventy (70) years at the beginning of the respective exercise, and to the beneficiaries of any age who prove that they, or any member of their primary family group, suffer from a serious illness whose development may frustrate the effects of the judge. In this case, the perception of the arrears will be made in cash and in a single payment.

ARTICLE 39. The agencies referred to in articles 36 and 37 of this Act shall observe for the cancellation of the forecast debts the strict priority order set out below:

(a) Judgements notified in previous fiscal periods and still pending payment;

(b) Judgements notified in 2012.

In the first case, older beneficiaries will be given priority. Exhaustion of the judgements reported in periods prior to the year 2012, shall be served by those included in subparagraph (b), strictly respecting the chronological order of notification of final judgements.


CHAPTER VI

Retirement and pensions

ARTICLE 40. Please note that the participation of the Institute of Financial Aid for the Payment of Retirement and Military Pensions, referred to in articles 18 and 19 of Act No. 22.919, shall not be less than forty-five per cent (45 per cent) of the cost of the repayment, compensation and pension of the beneficiaries.

ARTICLE 41. Protract for ten (10) years from their respective maturity the pensions granted under Act No. 13.337 that have expired or expired during this period.

Protract for ten (10) years from their respective maturity the ex gratia pensions that were granted by article 85 of Law 25.565.

Ex gratia pensions extended by this Act, which are granted and those extended by Laws 23.990, 24.061, 24.191, 24.307, 24.447, 24.624, 24.764, 24.938, 25.064, 25.237, 25.401, 25.500, 25.565, 25.725, 25.827, 25,967, decree 26,078, 26, 1946, 26.4

(a) Not to be the beneficiary of an immovable property whose tax valuation is equivalent to or greater than one hundred thousand pesos ($ 100,000);

(b) Do not link up to the fourth degree of consanguinity or second degree of affinity with the requesting legislator;

(c) The amount equivalent to one (1) minimum retirement from the Argentine Integrated Provident System cannot be exceeded individually or cumulatively and will be compatible with any other income provided that the total amount of the latter does not exceed two (2) minimum retirements from the said system.

In cases where the beneficiaries are minors, with the exception of those with different capacities, incompatibility will be evaluated in relation to their parents, when they both live with the minor. In the case of parents who have been divorced, divorced or abandoned from the home, incompatibilities will only be evaluated in relation to the parent who cohabits with the beneficiary.

In all cases of extensions referred to in this article, the implementing authority shall maintain the continuity of benefits until the above-mentioned incompatibility is thoroughly verified. In no case, payments of benefits shall be suspended without prior notification or termination to meet the formal requirements required.

Ex gratia pensions that have been paid off by any of the grounds of incompatibility shall be rehabilitated once the grounds that have led to their extinction have ceased, provided that the aforementioned incompatibilitys cease to exist within the time limit set by the law that granted them.

Appropriate, from the credits approved by Article 1 of this Law, the sum of eighteen million pesos ($ 18.000.000) for the attention of the benefits mentioned in Article 75, paragraph 20 of the National Constitution, which are determined by Jurisdiction 01 - Programme 16, up to thirty per cent (30%) of the amount mentioned and by Jurisdiction 01 - Programme 17, in up to seventy per cent

Authorize the national executive branch to increase the assets of the ex gratia pensions granted by this law, to match the increase provided for in other similar benefits by the relevant legislation.

CHAPTER VII

Public credit operations

ARTICLE 42. Authorize, in accordance with the provisions of article 60 of the Financial Administration and National Public Sector Control Systems Act, 24,156 and its amendments, the entities mentioned in the table annexed to this article to carry out public credit operations for the amounts, specifications and destination of the financing indicated in the said table.

The amounts indicated in the same correspond to actual placement values. The use of this authorization must be informed in a fruitful and detailed manner to both Houses of the Honorable Congress of the Nation, within thirty (30) days of the effect of the public credit operation.

The body responsible for the Coordination of Financial Management Systems will conduct public credit operations for the central administration.

The Ministry of Economics and Public Finance may make changes to the characteristics detailed in the aforementioned scheme for the purpose of adapting them to the possibilities of obtaining financing, which should be reported in the same manner and manner as set out in the second paragraph.

ARTICLE 43. Authorize the national executive branch, through the Ministry of Economy and Public Finance, to integrate the Argentine Debt Fund, created by Decree 298 of 1 March 2010, up to the sum of US dollars five thousand six hundred and seventy and four million (US$ 5,674,000,000), for the cancellation of public debt services with private holders for the fiscal year 2012.

To this end, authorize the Ministry of Economy and Public Finance to place, with charge to the grid annexed to Article 42 of this Law, to the Central Bank of the Republic of Argentina, one or more intransferable letters, called in US dollars, fully compensable to the maturity, with a period of amortization of ten (10) years, which will accrue a rate of interest equal to that of the Central Bank of the same period (1)
These instruments may be integrated exclusively with reservations of free availability; they shall be deemed to be covered by the provisions of article 33 of the organic charter of the Central Bank of the Argentine Republic, and are not reached by the prohibition of articles 19, subparagraph (a) and 20 thereof.

The Ministry of Economics and Public Finance shall periodically inform the bicameral commission established by Article 6 of Decree 298 of 1 March 2010 the use of the resources that make up the Fund for Argentine Deindebtedness.

ARTICLE 44. Note in the sum of nineteen billion pesos ($ 19,000.000.000) the maximum amount of authorization to the General Treasury of the Nation under the Budget Undersecretary of the Ministry of Finance Ministry of Finance to make temporary use of the short-term credit referred to in article 82 of the Financial Administration Act and the National Public Sector Control Systems amendments, 24,156 and its amendments.

ARTICLE 45. Please refer to the Ministry of Economy and Public Finance Ministry ' s Treasury Ministry ' s Ministry of Finance ' s issuance and placement of Treasury Letters at a time that does not exceed the financial period until the amount in circulation of the nominal value of pesos is 10 billion ($ 10,000,000,000), or its equivalent in other currencies, for the purpose of being used as a guarantee for the acquisition of liquid and gaseous fuels, the importation of electrical components as well.

Such instruments may be issued in the currency requiring the establishment of the aforementioned guarantees, with the issuance, placement, settlement and registration of the same, as provided for in article 82 of the annex to Decree No. 1.344 of 4 October 2007. Prior to their issuance, the budget allocated to guaranteed expenditures should be compromised.

Please refer to the Ministry of Economy and Public Finance Ministry ' s Ministry of Finance to provide for the implementation of the above-mentioned budget lines in favour of the national State, in the event of the guarantees issued under this article, and also to issue the clear, complementary and procedural rules related to the powers granted therein.

ARTICLE 46. Authorize the national executive branch, through the Ministry of Federal Planning, Public Investment and Services, to carry out public credit operations additional to those authorized by Article 42 of this Law, whose detail is contained in the table annexed to this article, up to a maximum amount of US dollars 9 billion and eight million (U$S 9.178,000.000) or its equivalent in other currencies.

The national executive branch, through the Ministry of Federal Planning, Public Investment and Services, shall determine in accordance with the financing offers to be verified and to the amount indicated, the allocation of the financing between the stated investments and instruct the body responsible for the Coordination of Financial Management Systems to implement them.

The use of this authorization must be informed in a fruitful and detailed manner, within thirty (30) days of the operation of public credit, to both Chambers of the Honorable Congress of the Nation.

Please provide the Chief of the Cabinet of Ministers, to the extent that the credit operations referred to are refined, to carry out the corresponding budgetary extensions in order to enable them to be executed.

ARTICLE 47. Authorize the national executive branch to conduct public credit operations, when they exceed the year 2012, for the amounts, specifications, period and destination of financing detailed in the grid annexed to this article.

The body responsible for the Coordination of Financial Management Systems shall conduct public credit operations for the central administration, provided that they have been included in the budget law of the respective year.

ARTICLE 48. Seek the deferral of payments of the public debt services of the national government pursuant to article 49 of Law 26.546, extended in accordance with article 27 of Law 24.156, in the terms of Decree 2.053 of 22 December 2010, until the completion of the process of restructuring the totality of the public debt originally contracted prior to 31 December 2001, or by virtue of the rules issued prior to that date.

(
Note Infoleg: by art. 39 of theAct No. 26.784 B.O. 05/11/2012,
the deferral of payments of the public debt services of the national government provided for in this article, until the completion of the process of restructuring the totality of the public debt originally contracted prior to 31 December 2001 or under rules issued prior to that date)

ARTICLE 49. The suspension provided for in article 1 of Decree 493 of 20 April 2004 shall be maintained during the year 2012.

ARTICLE 50. Authorize the national executive branch, through the Ministry of Economy and Public Finance, to continue the standardization of the public debt services referred to in article 48 of the present law, in the terms of article 65 of the Financial Administration and National Public Sector Control Systems Act, 24,156 and its amendments, and with the limits imposed by Law 26.017, the national executive branch is entitled to complete all the above-mentioned acts in order to comply with the necessary means of payment.

The Ministry of Economics and Public Finance will semesterly inform the Honorable Congress of the Nation, the advance of the trades and the agreements reached during the negotiation process.

The public debt services of the national government, corresponding to the public securities covered by the Law 26,017, are included in the differentiation specified in Article 48 of this Law.

The final court rulings, issued against the provisions of Act No. 25.561, Decree No. 471 of 8 March 2002, and their supplementary rules, which are governed by the provisions of the preceding paragraph, are reached.

ARTICLE 51. Authorize the national executive branch, through the Ministry of Economy and Public Finance, to negotiate the restructuring of debts with official foreign creditors entrusted to it by the provinces. In such cases the national State may become the debtor or guarantor against the creditors insofar as the provincial jurisdiction assumes the resulting debt with the national State insofar as the national executive branch, through the Ministry of Economy and Public Finance, determines.

For the purpose of the cancellation of the obligations assumed, provincial jurisdictions must strengthen this commitment to the co-participable tax resources.

ARTICLE 52. Authorize the national executive branch, through the Ministry of Federal Planning, Public Investment and Services to grant guarantees, bonds or guarantees of any kind in order to guarantee the obligations for the financing of infrastructure and/or equipment whose detail appears in the grid annexed to this article and to the maximum total amount of US dollars twenty-seven thousand eight hundred and five million (US$ 27,885,000,000), or its equivalent in other currencies.

The National Executive Branch, through the Ministry of Federal Planning, Public Investment and Services, shall instruct the coordinating body of the Financial Management Systems for the granting of appropriate guarantees, bonds or guarantees, with determination of time and conditions of return, which shall be in full or partial form.

ARTICLE 53. Please refer to the body responsible for the Coordination of Financial Management Systems to grant the National Treasury endorsements for public credit operations in accordance with the detail contained in the table annexed to this article, and for the maximum amounts determined in this article.

ARTICLE 54. Please maintain the provisions of articles 21 and 57 of Act No. 26,546 for the year 2012, extended in accordance with article 27 of Act No. 24,156, under the terms of Decree No. 2053 of 22 December 2010.

(Note Infoleg: by art. 42 of theAct No. 26.784 B.O. 05/11/2012, text according to art. 59 of theAct No. 26.895B.O. 22/10/2013,the provisions of this article are extended for the period 2014)

ARTICLE 55. Note in pesos a thousand two hundred million ($ 1,200,000.000) the maximum amount of placement of bonds of consolidation and bonds of consolidation of forecast debts, in all their existing instalments, for the payment of the obligations under Article 2 (f) of Law 25.152, those reached by Decree 1318 of November 6, 1998 and those referred to in Article 100 of the Law 11.67. The amounts indicated in the same correspond to actual placement values.

Within each of the concepts defined in the above-mentioned plan, the placements shall be carried out in the strict chronological order of entry to the National Public Credit Office of the Under-Secretariat for Financing under the Ministry of Finance of the Ministry of Public Economy and Finance, of the payment requirements that meet the requirements set out in the regulation until the maximum amount of placement set by this article is exhausted.

The Ministry of Economy and Public Finance may make changes within the total amount set out in this article.

ARTICLE 56. Within the amount authorized for Jurisdiction 90 – Public Debt Service, the sum of thirty million pesos ($ 30,000) is included for the care of the debts referred to in section 7 (b) and (c) of Law 23.982.

ARTICLE 57. The obligations established in the terms of Laws 23.982 and 25,344, with the exception of the obligations of a foreseeable nature, the obligations established in the terms of Laws 25,565 and 25,725 and the obligations whose cancellation must be made effective in accordance with any other rule that indicates it with the public titles provided for in those Laws, recognized in administrative or judicial headquarters until 31 December 2001, shall be covered by the issuance of the bonds.

(b) Consolidated obligations under Act No. 23,982, with the exception of statutory obligations, obligations established in the terms of Acts 25,344, 25,565 and 25,725, and obligations whose cancellation must be made effective under any other rule indicating the public titles provided for in such Acts, recognized in administrative or judicial headquarters after 31 December 2001, shall be granted by means of the issuance of bonds;

The obligations under Acts 24,043, 24,411, 25,192, 26,572, 26,690 and 26,700 shall be cancelled with consolidation bonds authorized by Article 60 (a) of Law 26,546. (Paragraph replaced by article. 47 of theAct No. 26.784 B.O. 05/11/2012)

The obligations under Act 25.471, shall be cancelled in the manner provided for in article 4 of Decree 821 of 23 June 2004.

Please provide the Ministry of Economy and Public Finance with the necessary measures to comply with the provisions of this article.

The extension provided for in article 46 of Act No. 25.565 and article 38 and 58 of Act No. 25,725 applies exclusively to obligations expired or of cause or title after 31 December 1999 and prior to 1 January 2002 or 1 September 2002, as appropriate. Until 31 December 1999, the obligations referred to in article 13 of Law 25,344 will continue to be governed by the relevant laws and regulations. In all cases, the interest to be liquidated judicially shall be calculated only to date of court, established on 1 April 1991 for the obligations covered by Act No. 23.982, on 1 January 2000, for the obligations covered by Act No. 25,344, and on 1 January 2002 or 1 September 2002, for the obligations covered by the extension provided for by Acts 25,565 and 25,765.

ARTICLE 58. The restitutions that correspond to pay to those entities that have initiated administrative claims and/or judicial actions in which the concepts referred to in articles 28 and 29 of Decree 905 dated 31 May 2002 and their supplementary rules, or their calculation methodology, have been questioned will be cancelled by issuing consolidation bonds - eighth instalment, of which the amounts previously released by the Central Bank of Argentina will be discounted. The Ministry of Economy and Public Finance is empowered to issue the above-mentioned bonds for up to the amounts required to cover the present cases and to establish procedures for the settlement.

ARTICLE 59. - Replace article 145 of Law 11.672, Supplementary Permanent Budget (T. 2005) with the following:

Article 145: Requests for reports or judicial requirements regarding the time limit on which any obligation reached by the consolidation provided for by Laws 23.982, 25,344, 25,565 and 25,725 shall be met by the national executive branch, or any of the legal persons or entities reached by Article 2 of Law 23.982, indicating that the Honorable Congress of the Nation shall be proposed in accordance with the above-mentioned Article 60, and shall be entitled on an annual basis of passive period of service. Article 9 of Law 23.982.


CHAPTER VIII

Relations with the provinces

ARTICLE 60. One hundred thousand and three hundred thousand dollars (in order to pay for the obligations generated by Article 11 of the Agreement Nation – Provinces, on the Financial Relation and Bases of a Federal Tax Competition system, held between the national state, the provincial states and the Autonomous City of Buenos Aires on February 27, 2002 ratified by Law 25,570,

ARTICLE 61. The provisions contained in articles 1 and 2 of Act 26,530 are proposed for the year 2012.

ARTICLE 62. Replace article 1 of Act No. 25.919, National Fund for Teacher Incentive, as amended by article 19 of Act No. 26.075, on Educational Financing, which shall be drafted as follows:

Article 1: Prorrógase la vigencia del Fondo Nacional de Incenttivo Docente, creado por la Ley 25.053 y sus modificación, por el fin de 9 (9) años a partir del 1o enero de 2004.

ARTICLE 63. Replace article 67 of Act No. 26,422, which is incorporated by article 92 of the Act to Act No. 11,672, Supplementary Permanent Budget (T. 2005), with the following:

Article 67: Provide the Ministry of Economy and Public Finance to cancel the emerging liabilities, in favour of the provinces and the Autonomous City of Buenos Aires, as part of the Federal Tax Co-participation Scheme - Agreement Nation-Provinces on Financial Relation and Bases of a Federal Tax Co-participation Regime of 27 February 2002, ratified by Law 25,570, in force of the tax collection

Please also provide the Ministry mentioned above to refinance any balances that may arise from the application of this article.


CHAPTER IX

Other provisions

ARTICLE 64. Provide for the extension of any time period established in due course by the Chief of Staff of Ministers for the final settlement or dissolution of any entity, agency, institute, society or company of the State which is in the process of liquidation in accordance with Decrees 2148 of 19 October 1993 and 1836 of 14 October 1994.

Please be issued as a deadline for the final settlement of the liquidation entities referred to in the previous paragraph on 31 December 2012 or until the final liquidation of the liquidating processes of the entities reached in the present extension takes place, through the resolution of the Ministry of Economy and Public Finance, as provided for, first.

ARTICLE 65. They are considered to be included in the provisions of article XII, subparagraph (a), of the Yacyretá Treaty, signed between the Argentine Republic and the Republic of Paraguay, in the City of Asunción on December 3, 1973 and approved by Law 20,646, the electrical energy deliveries to the Argentine Interconnection System (SADI), carried out since the beginning of its operation or to be carried out by the Binational Encyremientos.

Under article XVIII of the Yacyretá Treaty, adopted by Act No. 20,646, electrical power deliveries supplied from the start of its operation and to be supplied by the Binational Yacyretá Central to the Argentine Interconnection System are exempt from any customs processing.

ARTICLE 66. Créase the North-East Argentine Gasoduct Trust Fund (NAFG) for the purpose of financing, approving, paying and/or repaying the investments, taxes and related costs required for the implementation of the North-West Argentine Gasoduct project (Decree 1136 of 9 August 2010), such as large house networks and internal facilities based on socio-economic or humanitarian parameters.

As a contribution to the fund, a charge to be paid by users of regulated transport and/or distribution services, by the consumers of gas who receive directly the gas of the producers without making use of the natural gas transport or distribution systems and by companies that produce natural gas.

The position and other resources that may be allocated to the Fund may be devoted only and exclusively to the provisions of the first paragraph. For the purpose of ensuring reasonable equity in the application of the charge by user category, the application authority may decrease such values according to the characteristics of each region or tariff subzone.

The charge shall be applicable from the date on which the regulation of the national executive branch is determined and shall remain in force until the payment of all obligations arising from the object of the Northern Argentine Gas pipeline Trust Fund is verified as set out in the first paragraph.

The charge shall not constitute or be computed as an impossible basis for any tribute of national origin.

The provinces, the Autonomous City of Buenos Aires and the municipalities adhering to this article, in whose territories the works financed from the above-mentioned position are executed, shall provide identical treatment with the taxes and rates of their jurisdiction and jurisdiction.

In the event that the treatment given by the provinces or municipalities that receive the benefits of this regime is contrary to that provided for in the preceding paragraph will increase the position established by the present, in an amount equal to those taxes or fees and will be distributed for collection exclusively between users or future users of the respective jurisdiction.

The national executive branch, through the Ministry of Federal Planning, Public Investment and Services, shall issue the regulation of the constitution and operation of the Northern Argentine Gasoduct Trust Fund, arbitrating the necessary means to provide transparency and efficiency to its operator.

Please provide the National Executive Branch with a view to setting or modifying the values of the position to the extent necessary and to establishing a system of exceptions of residential users to the charge for specific cases, taking into account parameters of a socio-economic or humanitarian nature.

Conveyors and/or distributors and/or subdistributors of natural gas, or appropriate in each case, shall invoice and receive the charge on account and order of the North-East Argentine Gasoduct Trust Fund, and shall include it in a form that is discriminated against in the invoice or equivalent document issued by the services they provide, and must deposit what is collected in the Trust Fund and in the time and manner specified by the regulation.

Invite the provinces, the Autonomous City of Buenos Aires and the municipalities to adhere to the provisions of this article.

The national executive branch shall report quarterly to the two Chambers of the Honorable Congress of the Nation on the application of the position created by this article, expressing the total amount of the investment and the time limit for the execution of the work in question.

ARTICLE 67. Create a charge to finance, endorse, pay and/or repay the investments, taxes and related costs necessary for the realization of the projects of troncale gas, regional gas pipelines and/or household networks of magnitude and/or internal installations based on socio-economic or humanitarian parameters, for the distribution of natural gas that permit and/or have allowed the access of new users to natural gas.

The charge must be paid by the users of the regulated transport and/or distribution services, by the consumers of gas who receive directly the gas of the producers without making use of the natural gas transport or distribution systems and by the companies that produce natural gas.

The position and other resources that may be made available to the fund should be devoted only and exclusively to the provisions of the first paragraph. For the purpose of ensuring reasonable equity in the application of the charge by user category, the application authority may decrease such values according to the characteristics of each region or tariff subzone.

The charge shall be applicable from the date on which the regulation of the national executive branch is determined and shall remain in force until the payment of all obligations arising from its object is verified as set out in the first paragraph.

The charge shall not constitute or be computed as an impossible basis for any tribute of national origin.

The provinces, the Autonomous City of Buenos Aires and the municipalities adhering to this article, in whose territories the works financed from the above-mentioned position are executed, shall provide identical treatment with the taxes and rates of their jurisdiction and jurisdiction.

In the event that the treatment given by the provinces or municipalities that receive the benefits of this regime is contrary to that provided for in the preceding paragraph, the post established by the present shall be increased in an amount equal to those taxes or fees and shall be distributed for collection.

Please refer to the national executive branch, through the Ministry of Federal Planning, Public Investment and Services, to regulate the structure and operation of the fund to be created, the distribution of the position between the different works, and the incorporation of other resources to carry out the development and implementation of the projects.
Please provide the National Executive Branch with a view to setting or modifying the values of the post to the extent necessary and establishing a system of exceptions to residential users for specific cases, taking into account parameters of a socio-economic or humanitarian nature.

Conveyors and/or distributors and/or subdistributors of natural gas, or who appropriates in each case, shall invoice and receive the charge by account and order of those who determine the regulation of constitution and operation, in a manner discriminated against in the invoice or equivalent document issued by the services they provide, and must deposit the collected in time and form as indicated by the respective regulations.

The national executive branch shall report quarterly to both Houses of the Honorable Congress of the Nation, on the application of the position created by this article, expressing the total amount of investments and timetables for the execution of the work/s in question.

Invite the provinces, the Autonomous City of Buenos Aires and the municipalities to adhere to the provisions of this article.

ARTICLE 68. Replace the last paragraph of Article 10 bis of Law 26.092, for the following:

Article 10 bis: The exemptions provided for in this article do not include the resources of social security and will remain in force to the extent that ownership is maintained in the hands of the national State or the provinces.

ARTICLE 69. - Discontinued in Judgement 17 Programme 01, the sum of five million pesos ($ 5,000.000) as a complement to existing programmes in other jurisdictions to assist students of primary, secondary, tertiary and university levels and the sum of seven million pesos ($ 70,000) for the implementation of programmes for people of ideal existence with legal and non-profit status, through non-refundable loan allocations and/or with funding.

Authorize the head of Cabinet of Ministers to make the necessary budgetary changes to comply with this article.

ARTICLE 70. Exempt the provisions of Article 76 of Law 26.422.

ARTICLE 71. The head of Cabinet of Ministers, in use of the powers conferred by section 37 of Law 24.156, shall assign to Judge 01, for Programme 16, the sum of pesos of fifteen million ($ 15,000.000) and Programme 17, the sum of pesos of forty million ($40,000) to meet operating expenses.

ARTICLE 72. The head of Cabinet of Ministers, in use of the powers conferred by Article 37 of Law 24.156, shall incorporate into Program 16 – Formation and Sanction of National Laws, an activity aimed at the financing of the expenses of the Circle of Legislators of the Argentine Nation created by Law 20.984, and to incorporate the sum of pesos to it a million nine hundred eighteen thousand ($ 1.918,000).

ARTICLE 73.- Please note that article 7 of Act No. 26,075, in accordance with article 9 of Act No. 26,206, applies for fiscal year 2012.

CHAPTER X

Permanent supplementary budget law

ARTICLE 74. Amend article 13 of Law 11.672, Supplementary Permanent Budget (t. 2005), the expression “from the text approved by Decree 689 of 30 June 1999” by “on the basis of the last text ordered”.

ARTICLE 75. Incorporate into Law 11.672, Supplementary Permanent Budget (t. 2005), Articles 17, 23, 24, 25, 57, 58, 65, 66 and 67 of this Law and Articles 47 and 60 of Law 26.546.

PART II

Budget for central administration expenditure and resources

ARTICLE 76. Note in the tables summarize 1, 2, 3, 4, 5, 6, 7, 8 and 9, the amounts specified in articles 1o, 2o, 3o and 4o of the present law that correspond to the central administration.

PART III

Budget for expenditures and resources of decentralized agencies and social security institutions


ARTICLE 77. Please note in the summary tables 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A and 9A attached to this title the amounts specified in Articles 1o, 2o, 3o and 4o of this Law that correspond to the decentralized agencies.

ARTICLE 78. Please note in the tables summarize 1B, 2B, 3B, 4B, 5B, 6B, 7B, 8B and 9B attached to this title the amounts specified in articles 1o, 2o, 3o and 4o of this law that correspond to social security institutions.

ARTICLE 79. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE TWENTY DAYS OF THE YEAR DOS MIL ONCE.

- REACHED THE N° 26.728-

AMADO BOUDOU.- JULIAN A. DOMINGUEZ.- Gervasio Bozzano.- Juan H. Estrada.

NOTE: The Annex is not published. The unpublished documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767- Ciudad Autónoma de Buenos Aires) and at www.boletinoficial.gob.ar

(Note Infoleg: the modifications to the Annex that have been published in the Official Gazette can be consulted by clicking on the link "This rule is complemented or modified by standard X(s).")