SUPERIOR EDUCATION Law 26.793 Academic offers from foreign universities in Argentina. Requirements. Sanctioned: November 14 of 2012 Promulgated: December 12, 2012
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law: ARTICLE 1 —
Foreign university institutions that seek to open academic offers in the Argentine Republic should be organized as private university institutions constituted as non-profit entities, with legal status as a civil association or foundation.
Those who integrate the governing body and administration of the foundation or civil association shall be native or nationalized Argentines with at least four (4) years old, in a proportion not less than seventy-five percent (75%) of their active members.
Prior to any other procedure, the Ministry of Education will give the Ministry of Foreign Affairs, International Trade and Worship the opinion on the consistency of the presentation with the guidelines of the foreign policy of the Nation. ARTICLE 2 —
Foreign university institutions should explain in their institutional project the recognition of education as a public good and as a personal and social right, as well as to note that their academic initiatives are consistent with national State policies on declaration of a non-transferable good to education. ARTICLE 3o —
These institutions shall be authorized by decree of the national executive branch, which shall admit its provisional functioning for a period of six (6) years, following a favourable report of the National Commission for Evaluation and University Accreditation, under the conditions provided for in the present, by law 24.521 in its article 63 and by Decree 276/99.
During the interim period of operation, the Ministry of Education will follow up to evaluate, on the basis of reports of the National University Assessment and Accreditation Commission, its academic level and the degree of implementation of its objectives and action plans. Any modification of the statutes, the creation of new careers, the change of plans for study or modification of the statutes, will require in each case the authorization of the Ministry. ARTICLE 4o —
Before the end of the period of six (6) years of provisional operation counted from the corresponding authorization, the establishment shall request the final recognition, which shall be granted by decree of the national executive branch following a favourable report of the National University Assessment and Accreditation Commission.
Once the period has been completed and if the final recognition has not been achieved, the Ministry of Education may sanction the university institution with until the withdrawal of the provisional authorization, which will imply the prohibition of starting the next school cycle, without mentioning the commitment to complete the academic periods corresponding to the cohorts on a regular basis of studies, as well as any other current activity. ARTICLE 5o —
These institutions may not have access to any subsidy provided by the national State for the development of its institutional project. ARTICLE 6o —
It will be applicable, as soon as it is not regulated here, as prescribed in the Higher Education Act 24.521 and decrees 576/96 and 276/99 or rules that replace it. ARTICLE 7o —
The period of one (1) year is granted from the sanction of the present so that foreign universities already authorized to operate in our country will comply with all the requirements and stipulations set out in this rule. ARTICLE 8o —
Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE DIA CATORCE OF NOVEMBER OF THE YEAR DOS MIL DOCE.
— REGISTRATION BAJO #26,793 —
BEATRIZ ROJKES from ALPEROVICH. — JULIAN A. DOMINGUEZ. — Gervasio Bozzano. — Juan H. Estrad