MONUMENTS AND HISTORIC LIGHTS Law 27.103 Act No. 12.665. Modification. National Commission for Monuments, Places and Historical Property. Creation. Sanctioned: December 17, 2014 Enacted: January 20, 2015 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
ARTICLE 1 — Replace article 1 of Act 12,665 with the following:
‘Article 1 See the National Commission for Monuments, Places and Historical Property, which continues the National Commission for Museums and Monuments and Historic Places, which is dependent on the body determined by the national executive branch. ’
ARTICLE 2 Substitute, following article 1 of Act 12,665, as article 1 bis, the following:
‘Article 1-bis: The National Commission will be composed of a president and ten (10) vowels, appointed by the national executive branch, which will last six (6) years, and may be reelected. ’
ARTICLE 3 — Substitute, following article 1 of Act 12,665, as article 1 ter the following:
Article 1 ter: The terms of reference of the commission:
(a) To exercise immediate superintendence over national monuments, sites and historical property and other property protected under the terms of this Act, in concurrence with the respective local authorities, in the case of monuments, sites and property of the provincial or municipal domain;
(b) Propose to the national executive branch the declaration of national monuments, sites and historical assets, and other assets protected under the terms of this law, accurately indicating the perimeter of the protected area according to the classes set forth in this Act;
(c) Establish, review and update criteria and guidelines for selection, classification and valuation for protected monuments, sites and property;
(d) At the request of the Congress of the Nation, designate experts to evaluate the historical artistic, architectural, industrial or archaeological merits of the monument, place or subject to opinion, who shall issue their written, non-binding opinion within the time frame established by the commission. Such Views shall be endorsed by the Commission;
(e) Designate delegates on the basis of a binding tenare sent by the provincial governments and the Autonomous City of Buenos Aires, with seats in the respective districts, and by itself, local sub-delegates, consulting advisers, fees and eméritos;
(f) Organizing regional and federal representation mechanisms;
(g) Establish “absorbing areas” in the surroundings of the monuments, coordinating with the local authority the corresponding urban restrictions;
(h) Establish the scope and limits of the protection inherent in each declaration;
(i) To recommend to the Executive that the declaration of public utility of the properties that so merit it be promoted before the National Congress;
(j) Keeping a public record of the property protected according to its class;
(k) To intervene with a prior and binding nature in any transaction, transfer of domain, tax or other modification of the legal status of a protected asset;
(l) To intervene with a prior and binding nature, approve or reject, and supervise any material intervention on protected property;
(m) To propose to the national executive branch the acquisition of private property where it is of public interest to enter the domain of the national State;
(n) To carry out or sponsor publications of the subjects of its competence;
(o) Organizing, sponsoring or participating in congresses, seminars, meetings, conferences, journalism programmes and other activities to disseminate their competences;
(p) To propose to the national Executive the acceptance of inheritance, legacies and donations related to the subject matter of this law;
(q) Accept and receive subsidies and contributions in money or in kind;
(r) To conclude cooperation agreements with public or private entities, national or international, governmental or non-governmental.
ARTICLE 4 Replace article 2 of Act 12,665 with the following:
‘Article 2°- The monuments, places and protected property, which are owned by the Nation, the provinces, the Autonomous City of Buenos Aires or the municipalities, are subject by this law to the custody and preservation of the national State and, where appropriate, in concurrence with the local authorities.
The National Commission will be able to manage or support the efforts of third parties to public or private bodies, to obtain promotional credits for the conservation of declared assets, in any of its classes. ’
ARTICLE 5 — Replace Article 3 of Law 12.665 with the following:
‘Article 3. The National Commission may hold with the owners of the declared property agreements in order to determine the cooperative way of ensuring compliance with the patriotic purposes of the law. If the preservation of the place or monument involves a limitation to the domain, the Executive Power shall indemnify the owner in his case, and to the extent of such limitation. ’
ARTICLE 6 — Replace article 3° bis of the Act 12.665 with the following:
‘Article 3° bis.- At the initiative presented at the Congress of the Nation to declare as protected under article 4 of the present law a property located in any jurisdiction of the Argentine Republic, the consultation before the National Commission of Monuments, Places and Historic Property, which shall issue its Views of a non-binding character, noting the classification that it considers to be granted and any other scope of the declaration. ’
ARTICLE 7 Replace Article 4 of Law 12.665 with the following:
Article 4°- It is up to the National Commission to keep a public record of the protected assets, as stated in the following classes:
1. National historical monument.
2. National historical place.
3. National historical population.
4. National historical urban area.
5. Visual damping area.
6. Good of national historical interest.
7. Good national art interest.
8. Well of national architectural interest.
9. Good of national industrial interest.
10. Good of national archaeological interest.
11. National historical tomb.
12. National cultural landscape.
13. National cultural tour.
ARTICLE 8 — Replace Article 5 of Law 12.665 with the following:
‘Article 5: Property protected under the terms of this law may not be sold, encumbered or disposed of by any title or act, or modified its legal status, without the prior intervention of the National Commission. The National Commission shall issue its binding opinion within the period of sixty (60) working days computed from the date on which the authorisation is requested by the interested party.
The departure from the national territory of protected property, whether movable or immovable property by accession, without the prior intervention and authorization of the National Commission, is expressly prohibited in the same terms as set out in the preceding paragraph. ’
ARTICLE 9 — Replace Article 7 of Law 12.665 with the following:
‘Article 7°- The resources for the operation of the National Commission on Monuments, Places and Historical Property shall be constituted by an annual amount charged to the general budget of expenditure and the calculation of resources of the national administration for the agency to be determined by the national Executive, in the terms of Article 1 of the present. ’
ARTICLE 10. - Replace Article 8 of Law 12.665 with the following:
Article 8.- Any person who violates this law through concealment, omission, destruction, alteration, transfer or taxation, export or any other material or legal act on protected property shall be fined, the value of which shall be set at least 10 per cent (10 per cent) up to three times the value of the good or property that has motivated the sanctioned conduct. For the determination of the fine, the seriousness of the fault committed and the nature of the offender ' s recidivist will be addressed. The amounts received under a fine shall be allocated to the budget items allocated to the National Commission.
The fines set out in the preceding paragraph shall be applied provided that the act is not found in the criminal type set out in article 184, paragraph 5, of the Criminal Code.
In the event of a total or partial alteration of facades or other areas of maximum guardianship of a building declared national historical monument, or of a substantial part of any other protected property under this law, the owner, at its cost, shall restore it to his original state in perennial time established by the National Commission. Given that time without newness, a fine set at the discretion of the National Commission shall be applied for each day of delay in the reconstruction. ’
ARTICLE 11. - Replace Article 9 of Law 12.665 with the following:
Article 9°- The Executive Branch shall regulate this law within the nineties (90) days of its publication.
ARTICLE 12. - Defrost article 4° bis of Act No. 12.665.
ARTICLE 13. - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DECEMBER OF THE YEAR TWO MIL CATORCE.
— REGISTRATE BAJO #27.103 —
JULIAN A. DOMINGUEZ. - JUAN H. STRADA. - Lucas Chedrese. - Gerardo Zamora.
