Law 27341 Approve the General Budget of the National Administration for the Year 2017.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Budget of expenditure and resources of the national administration
ARTICLE 1 — Note in the sum of pesos two trillion three hundred sixty-three thousand six hundred nineteen million eight hundred seventy thousand five hundred seventy-four ($ 2.363.619.870.574) the total current and capital expenses of the overall budget of the national administration for the year 2017, for the purposes indicated below, and analytically in the tables number 1, 2, 3, 4, 5, 6 and 7
|Finality ||Current expenditure ||Capital expenditures ||Total |
|Government Administration ||98.748.438.023 ||38.942.034.313 ||137.690.472.336 |
|Defence and Security Services ||120.812.022.255 ||5.497.316.628 ||126.309.338.883 |
|Social Services ||1.430.010.843.663 ||82.631.279.108 ||1.512.642.122.771 |
|Economic services ||251.372.281.321 ||87.973.606.486 ||339.345.887.807 |
|Public Debt ||247.632.048.777 ||- ||247.632.048.777 |
|Total ||2.148.575.634.039 ||215.044.236.535 ||2.363.619.870.574 |
ARTICLE 2 — In the sum of pesos one billion eight hundred eighty-two thousand eight hundred eighteen million four hundred ninety-six thousand three hundred two ($ 1,828,496,302) the calculation of current and capital resources of the national administration according to the summary below and the detail contained in the table annexed to this article
|Current resources ||1.822.214.171.1240 |
|Capital resources ||3.687.383.382 |
|Total ||1.882.818.496.302 |
ARTICLE 3 — Note in the sum of five hundred thousand seven hundred eighty-five million eight hundred sixty-three thousand seven hundred forty-five ($ 513,785,763.745) 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 details contained in the annexes.
ARTICLE 4 — As a result of the provisions of Articles 1 and 2nd and 3rd, the financial result is estimated in the sum of pesos four hundred eighty thousand eight hundred and three hundred and seventy and four thousand two hundred and two ($ 480,801,374,272). The following are the sources of financing and financial applications detailed in tables 11, 12, 13, 14 and 15 annexed to this article:
|Funding sources ||1.735.634.599.305 |
|- Decrease in financial investment ||8.386.160.351 |
|- Public indebtedness and increase in other liabilities ||1.727.248.438.954 |
|Financial applications ||1.254.833.225.033 |
|- Financial investment ||212.332.022.405 |
|- Debt recovery and decrease in other liabilities ||1.042.501.202.628 |
Note in the sum of pesos nine thousand and three million two hundred fifty and two thousand six hundred ten ($ 9,153,252,610) the amount corresponding to figurative expenses for financial applications of the national administration, thus establishing funding for figurative contributions for financial applications of the national administration in the same amount.
ARTICLE 5 — The Chief of Cabinet of Ministers, through administrative decision, shall distribute the provisions of this law at least at the level of the limits set out in the decision and in the programmatic openings or equivalent categories it 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 6 — Except as a well-founded decision of the head of the Cabinet of Ministers, there may be no increase in the positions and hours of chairs that exceed the totals set out in this article for the National Administration. The head of Cabinet of Ministers, in accordance with the needs for structure and provision of the respective areas established by the Ministry of Modernization, shall proceed to distribute for each jurisdiction, decentralized body and institution of social security the corresponding positions.
Except for such limitation to the charges for the National System of Science, Technology and Innovation, determined by law 25.467.
|Permanent plant ||376.120 ||Charges |
|Temporary plant ||14.622 ||Charges |
|Hours of Chair ||302.139 ||Hours |
ARTICLE 7 — The existing vacant posts may not be filled at the date of the sanction of this law, nor those that occur subsequently, without the prior authorization of the Chief of Staff of Ministers. 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 above-mentioned charges for the senior authorities of the national civil service and the scientific and technical staff of the agencies referred to in article 14, subparagraph (a), of Act No. 25,467 are excluded.
ARTICLE 8 — Authorize the Chief of Cabinet of Ministers, after the intervention of the Ministry of Finance and Public Finance, to introduce extensions to the budgetary credits approved by this law and to establish their distribution to the extent that they are financed with increase of sources of financing originated in loans of international financial agencies from which the Nation forms part and those originated in bilateral agreements country-country and those from the authorization granted by the article
ARTICLE 9 — The Chief of the Cabinet of Ministers, after the intervention of the Ministry of Finance and Public Finance, may have extensions in the budgetary provisions of the central administration, of 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 periods of specific duty by law.
ARTICLE 10. - The powers granted by this law to the Chief of Cabinet of Ministers may be assumed by the National Executive Branch, in his capacity as a political head of the country ' s general administration and in accordance with article 99, paragraph 10, of the National Constitution.
Standards on expenditure
ARTICLE 11. — Authorize, in accordance with article 15 of the Financial Administration and National Public Sector Control Systems Act, 24,156 and its amendments, the hiring of works or acquisition of goods and services whose execution period exceeds the financial year 2017 in accordance with the detail in annexed tables A and B to this article.
Contracts authorized by this article may be developed through the national public-private partnership regime, or the legal framework to be determined.
Please provide the Chief of Cabinet of Ministers with the necessary budgetary restructuring to incorporate the allocations for the financial year 2017 into Table B annexed to this article.
ARTICLE 12. — Note as a credit for financing the operating expenses, investment and special programs of the national universities the sum of pesos seventy-five thousand five hundred sixty-one million five hundred eighty-two thousand seven hundred seventeen ($ 75,561,582,717), according to the detail of the grid annexed to this article.
Please note that the Chief of Cabinet of Ministers shall, in addition to that set forth in the preceding paragraph, make the distribution of work in Table B annexed to this article in the total sum of pesos a thousand twenty-eight million six hundred and seventy thousand ($ 1,028,670.000).
National universities should submit to the Ministry of Education and Sports 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.
The budget approved by each university for fiscal year should indicate the functional classification of Education, Health and Science and Technical. Budget and accounting execution as well as the investment account should consider the functional sorter.
The teaching and non-teaching staff plants on which the salary increases will be applied in 2017 will be the ones in force at the date of promulgation of this law, except for the increases in the plants approved and authorized by the Secretariat of University Policies, according to the regulations established by the Ministry of Education and Sports.
ARTICLE 13. - Apply 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 totally or mainly composed of goods and/or funds of the national State, pursuant to article 2 (a) of Law 25.152. The Chief of Cabinet of Ministers shall submit quarterly reports to both Houses of the Honorable Congress on the flow and use of trust funds, if any, detailing the transfers made and the works executed and/or programmed, as well as all operations carried out with sources and financial applications. The information mentioned above shall be submitted individually for each of the existing trust funds.
ARTICLE 14. — In this exercise, the sum of pesos of two thousand six hundred six million three hundred ninety-nine thousand ($ 2,606,399,000) 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 Energy Secretariat, corresponding to the acrecies of Nucleoeléctrica Argentina Sociedad Anónima (NASA), of the Binational Entity Yacyretá, of the royalties to the provinces of Corrientes and Misiones by the generation of the economic
The national State through the Ministry of Energy and Mining ' s Electric Power Secretariat, in consultation with the provincial jurisdictions and their regulatory bodies, will determine the income differences perceived by the national, provincial and municipal distributors on the occasion of the implementation of the Convergence Program of Electrical Rates and the Reaffirmation of Federalism in the Argentine Republic, corresponding to any of the periods in which they had been in force, Complying with the conditions required by the beneficiary to enable the disbursements, the national executive branch shall instruct the Company Administrator of the Electrical Majority Market Anonymous Society (CAMMESA) for the purposes of the application of the credit determined in the initial paragraph of this article to the cancellation of debts that the distributors of the public electricity service of the relevant jurisdictions have with CAMMESA, as appropriate, for the purchase of
In addition, the national State may contemplate its obligations under the Eléctrico Mayorista (MEM) the distributing companies to which it has not been recognized income, benefits or investments actually made.
This authorization shall be up to a maximum amount equivalent to the debts that the distributors of the public electricity service of the relevant jurisdictions have with CAMMESA.
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 and seventy million ($ 270,000) and for the National Programme for the Protection of Native Forests a weight of twenty-seven million three hundred thousand ($ 27,300,000).
Please refer to the head of the Cabinet of Ministers, following the intervention of the Ministry of Finance and Public Finance, to extend in pesos three hundred million ($ 300,000) the amounts set out in the preceding paragraph, within the framework of the aforementioned law.
Thousands of dollars ($300,000) to the Ministry of Science, Technology and Productive Innovation, a hundred and fifty million pesos ($150,000) to the National Commission of Space Activities ($300,000) Of the seven hundred million pesos ($ 700,000.000) assigned to the Ministry of Science, Technology and Productive Innovation, fifty million pesos ($ 50,000.000) will correspond to the National Program of Research and Productive Innovation in Argentine Maritime Spaces (PROMAR).
A weight allocation of four thousand five hundred million ($ 4,500,000.000) to the Ministry of the Interior, Public Works and Housing, of which weights of one hundred and thirty-three million ($ 1,233,000.000) will be assigned to the Programme 73 - Water resources and pesos of three thousand two hundred sixty-seven million ($ 3,267,000.000) to the National Works Agency.
In addition, the sum of $50 million ($50,000) will be allocated to the National Human Rights Secretariat, which will be allocated to the Area of Strengthening of Judicial Processes against Crimes of Lesa Humanity and to the National Archive of Memory; the sum of pesos sixty-seven million ($670,000) to the National Council for the Coordination of Social Policies, of which will be allocated the sum of pesos twenty million.
Please provide the Chief of the Cabinet of Ministers with the necessary budgetary changes in order to comply with the above paragraphs.
ARTICLE 17. — Authorize the national executive branch, through the Ministry of Transport of the Nation, to implement the corresponding mechanisms, in order to meet the financial needs of Argentine Airlines Sociedad Anónima and Austral Airlines - Skys Del Sur Sociedad Anónima and its controlled ones, until 31 December 2017.
The amount of assistance to be made should be considered as current and capital transfers as appropriate, with an obligation to be held accountable to the Ministry of Transport. The General Audit of the Nation shall monitor, evaluate and issue views on the accounts of the funds transferred, authorized by this article.
ARTICLE 18. — Please note that the resources allocated to the National Fund for Teacher Incentive and the National Programme for the Compensation of Teachers shall not be less than the funds allocated in Act No. 27.198. The national executive branch shall determine the distribution mechanisms to ensure compliance with the objectives and targets of national education law 26,206.
ARTICLE 19. — Please note the validity for the fiscal year 2017 of article 7 of the Law 26,075, in accordance with article 9 and 11 of Law 26,206, taking into account the aims and objectives of the national educational policy and ensuring the automatic participation of the resources to the municipalities to cover expenses strictly linked to the purpose and function of education.
ARTICLE 20. — Disposal the income as a contribution to the National Treasury of the sum of pesos a thousand nine hundred fifty-two million nine hundred seventy-eight thousand eight hundred fifty ($ 1,952,988,850) according to the distribution indicated in the grid annexed to this article. The Chief of Cabinet of Ministers shall establish the schedule of payments.
ARTICLE 21. — Note in the sum of pesos two hundred eight million forty-three thousand eight hundred and seventy-five ($ 208,043.875) the amount of the regulatory rate as set out in article 26, paragraph 1, of Act 24,804, national law on nuclear activity.
ARTICLE 22. — Protract for the 2017 Exercise the provisions of article 22 of the Law 27.198. (Note Infoleg: by art. 22 of the Act No. 27.431 B.O. 2/1/2018 se extension for the Exercise 2018 the provisions of this article)
ARTICLE 23. — Replace Article 98 of Law 11.672 - Permanent Budget Complementary (T. 2014) with the following:
Article 98: The natural and legal persons subject to the control and control of technical and safety standards in the field of the fractionation and commercialization of liquefied petroleum gas, the transport by duct of liquid and derivative hydrocarbons, and subject to quality control of the fuels by the Ministry of Energy and Mining's Hydrocarbon Resources Secretariat, shall pay the following control rates:
(a) Individuals and legal entities engaged in the fractionation of liquefied petroleum gas must pay a control rate of up to eight pesos ($ 8) per ton of liquefied petroleum gas purchased in the domestic or imported market;
(b) The producer and/or refining companies, importers inscribed in the records by the law enforcement authority 17.319 will pay a quality control rate of fuels as set out below:
(1) The production and/or refining and importing companies of nafta and gasoil will pay monthly, as passive subjects, a quality control rate of the fuels up to two thousand pesos ($ 0.002) per litre produced or imported.
(2) Bioethanol and biodiesel importing and/or refining companies will pay annually, as passive subjects, a quality control rate of fuels up to two thousandths ($ 0.002) per liter produced or imported.
(3) The production companies, refiners, processors, marketers, distributors and importers of biogas will pay annually as passive subjects a quality control rate of the fuels up to two thousand pesos ($ 0.002) per cubic meter produced or imported.
(c) Production firms, liquid hydrocarbon transport concessionaires and derivatives must pay annually and in advance a control rate of zero-coma activity thirty-five per cent (0.35 per cent) of the estimated income for the delivery of the transport service.
Proceedings of the rates referred to in the preceding paragraph shall constitute a resource with specific impact administered by the Ministry of Energy and Mining, empowering the chief of the Cabinet of Ministers to carry out the adjustments that would allow them to be incorporated into the budget of the national administration.
The Ministry of Energy and Mining through the Hydrocarbon Resources Secretariat shall determine the amount of the rates referred to in subparagraphs (a), (b) and (c) of this article and shall establish the rules and timelines for their perception.
ARTICLE 24. - Replace article 24 (b) of Law 25.997, with the following:
(b) The product of seven percent (7%) of the price of air and sea tickets abroad, and the rivers abroad, as determined by the regulations, sold or issued in the country and those sold or issued abroad for Argentine residents on trips that begin in the national territory.
ARTICLE 25. — Appropriate for the 2017 Exercise a tax quota of US dollars a thousand eight hundred million (US$ 1,800,000.000) to be assigned to the promotional benefits provided for in Article 9 of the Law 26,190 and its amendment 27,191, and in Article 14 of the last law quoted. The enforcement authority of the above-mentioned laws shall assign the tax quota in accordance with the procedure established for that purpose. Promotional benefits will be applied in pesos, as established by the application authority. This article is without prejudice to the last paragraph of article 1 of Decree 882 of 21 July 2016.
ARTICLE 26. — Note the annual quota referred to in Article 3 of Law 22,317, in the sum of five hundred and ninety million pesos ($ 590,000), according to the following detail:
(a) Weights of two hundred and ten million ($ 210,000) for the National Institute of Technological Education;
(b) Weights a hundred and twenty million ($ 120,000) for the Secretariat of Entrepreneurs and the Small and Medium Enterprise of the Ministry of Production;
(c) Weights two hundred and sixty million ($ 260,000) for the Ministry of Labour, Employment and Social Security.
ARTICLE 27. — Note the annual quota set out in Article 9 (b) of Law 23,877 in the sum of pesos one hundred and twenty million ($ 120,000).
The law enforcement authority 23.877 will distribute the quota allocated for the established operator in order 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 Program for the Promotion of the Investment of Risk in Businesses of the Areas of Science, Technology and Productive Innovation, as established by Decree 1207 of 2006.
Cancellation of debts of forecast origin
ARTICLE 28. — The maximum limit is the amount of pesos thirty-one thousand eight hundred and six thousand four hundred six thousand four hundred six thousand ($ 31,816,400) for the payment of previsional debts recognized at the judicial and administrative headquarters and those forecast debts set out in the transactional agreements concluded under Act No. 27,260, in accordance with the provisions of Article 7:
ARTICLE 29. — Authorize the Chief of the Cabinet of Ministers, following the intervention of the Ministry of Finance and Public Finance, to extend the limit set forth in article 28 of this law for the cancellation of previsional debts recognized at the judicial and administrative headquarters and those previsional debts established in the transactional agreements concluded under the law 27,260, according to the provisions of article 7, points a) and b) of the same law Authorize the Chief of Cabinet of Ministers to make the necessary budgetary changes in order to comply with this article.
ARTICLE 30. — The maximum limit is the sum of two thousand seven hundred fifty-six million seven hundred twenty-nine thousand and eighty-nine ($ 2,756,729.189), for the payment of assessed debts recognized in judicial headquarters by the appropriate party to pay in cash for any concept, as a result of retroactives originated in adjustments made in the benefits of retired and pensioned members of the Federal Forces, including details of the following
( Limit for cancellation of projected debts replaced by article 1 of the Administrative Decision No. 942/2017 B.O. 24/10/2017)
|Financial Aid Institute for Retirement and Military Pensions ||1.329.918.189 |
|Retirement and Pension Fund of the Federal Police Argentina ||1.298,000.000 |
|Federal Prison Service ||50,000. |
|National Gendarmerie ||360.811,000 |
|Naval Prefecture Argentina ||18.000.000 |
|Total ||3.056.729.189 |
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 31. - The agencies referred to in article 30 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) Sentences reported in 2017.
The first case will give priority to older beneficiaries.
Exhausted the sentences reported in periods prior to 2017, those included in subparagraph (b), strictly respecting the chronological order of notification of final judgements, shall be served.
Retirement and pensions
ARTICLE 32. — Please note that the participation of the Institute for 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-six per cent (46%) of the cost of the paid retirement, compensation and pension of the beneficiaries.
ARTICLE 33. - Protract for 10 years from their respective dues the pensions granted under the law 13.337 which had expired or expired during the present period.
Protract for ten (10) years from their respective maturity the ex gratia pensions that were granted by law 26.198.
Ex gratia pensions extended by this law, which are granted and those extended by laws 23.990, 24.061, 24.191, 24.307, 24.624, 24.764, 24.764, 24.938, 25.064, 25.237, 25.401, 25.500, 25.565, 25.725, 25.827, 25,967, 26,078, 26,198, 26,422
(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 with respect to their parents, when 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 given rise to their extinction have ceased, provided that the aforementioned incompatibilitys cease to exist within the period established by the law that granted them.
Public credit operations
ARTICLE 34. — Authorize, in accordance with article 60 of the Financial Administration and National Public Sector Control Systems Act, 24,156 and its amendments, to the entities mentioned in the table annexed to this article to conduct public credit operations in 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 Ministry of Finance and Public Finance shall submit to the National Congress within thirty (30) days of the promulgation of the present law the guidelines of the financial programme to cover under this authorization of indebtedness, detailing all services per month, type of debt, currency and possession of such instruments — private sector, external sector and intra-public sector tenure. These guidelines will constitute general guidelines on financing schemes that could be used on the basis of information available on the date of this law. The advances, updates and modifications to the financial programme should also be published quarterly.
The body responsible for the coordination of financial administration systems will conduct public credit operations for the central administration.
The Ministry of Finance and Public Finance may make modifications 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 35. — Defeat the decree issued in general agreement of Ministers 906 of 20 July 2004.
ARTICLE 36. — Note in the sum of pesos two hundred and seventy billion ($ 270.000.000) and in the sum of pesos fifty billion ($ 50,000.000.000) the maximum amount of authorization to the General Treasury of the Nation under the Undersecretary of Budget of the Ministry of Finance and Public Finance and to the National Administration of Public Security (ANSES), respectively.
ARTICLE 37. — Provide the Ministry of Finance and Public Finance Ministry with the issuance and placement of Treasury Letters in time that does not exceed the financial period until reaching an amount in circulation of the nominal value of pesos nineteen thousand million ($ 19,000.000.000), or its equivalent in other currencies, for the purpose of being used as a guarantee for the acquisition of liquid and gaseous fuels, the acquisition of domestic energy and the acquisition of the aircraft
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 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 Finance ' s Treasury 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 38. — Provide the Responsible Body for the Coordination of the Financial Management Systems of the National Public Sector to carry out public credit operations additional to those authorized in Article 34 of the present Law, in order to have a contribution of capital in favor of the Trust Fund of the Argentine Credit Program of the Bicentennial for the Single Family Housing (Pro.Cre.Ar. Financial Bicentennial) for an amount of ten thousand five hundred thousand dollars
Please provide the Chief of the Cabinet of Ministers, to the extent that the use of this authorization is improved, to carry out the corresponding budgetary extensions in order to enable the execution of the same.
ARTICLE 39. — Hold during the 2017 Exercise the suspension set out in Article 1 of Decree 493, dated 20 April 2004.
ARTICLE 40. — Within the amount authorized for Jurisdiction 90 - Public Debt Service, the sum of pesos is included three hundred million ($300,000) for the care of the debts referred to in Article 7 (b) and (c) of Law 23.982.
ARTICLE 41. — To maintain the deferral of payments of the public debt services of the national government provided for in article 41 of Law 27.198, 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. (Note Infoleg: by art. 37 of the Act No. 27.431 B.O. 2/1/2018 the deferral of payments of the public debt services of the national government provided for in this article is maintained until the completion of the process of restructuring the totality of the public debt originally contracted prior to 31 December 2001 or under the rules issued prior to that date)
ARTICLE 42. — Authorize the national executive branch, through the Ministry of Finance and Public Finance, to continue the standardization of the public debt services referred to in article 41 of this law, in the terms of article 65 of the Financial Administration and Public Sector Control Systems Act 24,156, and its amendments or of law 27,249 on the standardization of public debt and the recovery of national authority, with all the necessary powers to carry out the national negotiations.
The Ministry of Finance and Public Finance will report on a quarterly basis to the Honorable Congress of the Nation the advance of the trafficking and the agreements reached during the negotiation process.
The report should incorporate an updated database identifying the agreements reached, the judicial or arbitral proceedings completed, the amounts of capital and the amounts cancelled or canceled in each agreement and the level of enforcement of the level of indebtedness granted through article 7 of Law 27,249 on the Standardization of Public Debt and Credit Recovery.
In addition, certified copies of the agreements reached, as well as their translation into the Spanish language should be accompanied if appropriate.
Similarly, the Ministry of Finance and Public Finance shall report on the progress of management towards the standardization of the service of public securities issued in the framework of the restructuring of public debt provided for by decrees 1,735 of 9 December 2004 and 563 of 26 April 2010.
The final judicial pronouncements, issued against the provisions of Act No. 25,561, Decree No. 471 of 8 March 2002, and its supplementary rules, which are governed by those titles, are included in the dispute set out in article 41 of this Act.
ARTICLE 43. — Provide the Ministry of Finance and Public Finance to establish the financial conditions for the reimbursement of the debts of the provinces with the national government resulting from the restructuring carried out by the national State with the representatives of the creditor countries nucleated in the Paris Club for the refinancing of debts with arrears of the Argentine Republic.
Please refer to the Ministry of Finance and Public Finance to subscribe to the relevant bilateral agreements with the provinces involved.
ARTICLE 44. — Provide the Responsible Body for the Coordination of Financial Management Systems to grant National Treasury endorsements for public credit operations in accordance with the detail provided in the table annexed to this article, and for the maximum amounts determined in the same or its equivalent in other currencies, plus the amounts required to meet the payment of interest and other accessories, which should be quantified at the time of the aval request.
ARTICLE 45. — Provide the Ministry of Finance and Public Finance, through the Responsible Body for the Coordination of Financial Management Systems, with the issuance and delivery of Treasury Letters in guarantee to the Trust Fund for the Development of Renewable Energies (FODER), by account and order of the Ministry of Energy and Mining, to reach a maximum amount of nominal value of three billion dollars (U$S3,000,000), or its equivalent in the amount of the
Please refer to the Ministry of Energy and Mining and the Ministry of Finance and Public Finance to issue the regulations in accordance with their respective competences.
Please provide the Chief of Staff of Ministers with the necessary budgetary changes to enable them to be implemented.
ARTICLE 46. — Note in pesos eight thousand six hundred million ($ 8.6 million) 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 1.318 of November 6, 1998 and those referred to in Article 127, paragraph 2, of the Law. The amounts indicated in the same correspond to actual placement values.
The Ministry of Finance and Public Finance may make changes within the total amount set out in this article.
Relations with the provinces
ARTICLE 47. - One hundred thousand and three hundred thousand dollars (in the course of the present year)
Federal Fiscal Responsibility Regime
ARTICLE 48. — During the fiscal year 2017, the nominal rate of increase in the primary public expenditure of the National Administration, provincial jurisdictions and the Autonomous City of Buenos Aires, will not exceed the accumulated rate of nominal increase in domestic gross product at market prices reported by the INDEC. The Federal Fiscal Responsibility Council will calculate the nominal rate of variation of the primary current expenditure executed, accrual, in respect of the previous fiscal year or in respect of the year 2015, as appropriate.
ARTICLE 49. - In those jurisdictions that have executed primary deficit result for fiscal year 2016, they must take the driving measures to boost convergence to fiscal balance.
To this end, provincial jurisdictions will have to execute in fiscal year 2017 a decrease of 10% of that result, expressed in percentage of GDP.
The National Government shall register in the year 2017 a decrease of ten percent (10%) of the primary net deficit of the funds that the National Administration ceases to perceive by the National Agreement-Provinces signed on 18 May 2016 ratified by the law 27.260 and the CSJN rulings in the Caratulates CSJ 538/2009 (45-S)/CS1
ARTICLE 50. - The jurisdictions that have achieved a positive financial result shall enjoy the elimination of the debt authorizations provided for in article 25 of Law 25,917, in public credit operations for the financing of infrastructure works, with the limitation that it does not reverse the sign of the result.
ARTICLE 51. — Credit operations may be carried out to finance the deficit result of fiscal year 2017 while the respective Provincial Jurisdictions and the Autonomous City of Buenos Aires comply with the limitation of the primary deficit result of Article 49 of the present, with the limitation of the variation of the primary current expenditure established in Article 48 of the present and the transparency provisions of Article 7 of Law 25.917.
ARTICLE 52. — Replace for fiscal year 2017 the application of articles 12, 21 first paragraph, 15 last paragraph and 24 of the law 25,917 and articles 2 and 3 of the law 25,152.
ARTICLE 53. — Protract until 31 December 2017 the maximum deadline set by article 14 of Law 26.422.
ARTICLE 54. — The Federal Fiscal Responsibility Council shall publish the information provided in article 7 of Act No. 25,917, according to the information provided by each jurisdiction assessed. The compliance assessment reports should be communicated to the National Congress.
ARTICLE 55. — Invite the provinces and the Autonomous City of Buenos Aires to adhere to the provisions of this chapter.
ARTICLE 56. — 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 in the process of liquidation in accordance with Decrees 2.148 of 19 October 1993 and 1,836 of 14 October 1994, and whose extension was established by administrative decision.
Please be issued as a deadline for the final settlement of the liquidation entities referred to in the previous paragraph on 31 December 2017 or until the final liquidation of the liquidating processes of the entities reached in the present extension takes place, by means of the decision of the Ministry of Finance and Public Finance, as provided for, first.
ARTICLE 57. — Amend article 15 of the decree issued in general agreement of Ministers 1,382 dated 9 August 2012, which will be drafted as follows:
Article 15: Income from the alienation of the properties subject to this measure, from the constitution, transfer, modification or extinction of other real or personal rights over the same and of locations, assignments or transfers of their use, shall be affected seventy percent (70%) in favor of the budgetary jurisdiction or entity that stops its effective custody under Article 17 of the present and the remaining thirty percent (30%) shall enter the National Treasury.
The National Treasury shall authorize the opening of a collection account for the purposes of compliance with the provisions of this article. Default any other general or special rule that is contrary to the present.
In the event that the legal acts provided for in paragraph 1 occur within the framework of operations carried out through trusts or urban agreements concluded between the National State Property Administration Agency and the local jurisdictions where the property is located, make it possible to apply the greatest value obtained by the change of zoning and/or urban indicator and/or other provisions that correspond to the basic construction of the municipal hospitals, to payments for the improvement of the urban buildings
ARTICLE 58. — Exempt 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 31 December 2017, including.
It will be understood that there is an effective principle of execution when funds associated with the investment project have been erogated between 1 October 2010 and 31 October 2017, both inclusive dates, not less than fifteen percent (15%) of the planned investment, even if the works have been initiated between 1 October 2007 and 30 September 2017.
ARTICLE 59. - Trust Fund for Social Housing, within the Ministry of the Interior, Public Works and Housing Secretariat, to finance existing social housing and basic infrastructure programmes, with public, private and international, multilateral or trilateral funds. The trustee will be the Banco de la Nación Argentina, which will administer the fund in accordance with the instructions of a board of directors, whose formation and functions will be established by a decision of the Ministry. Exemptions provided for in article 12 of Act No. 24,855 shall apply to the fund and to the trustee in its operations relating to the fund. Please inform the Chief of Cabinet of Ministers to approve the flow and use of funds for the 2017 exercise of the aforementioned trust.
ARTICLE 60. - Replace article 101 of Law 11.672 on a permanent supplementary budget (t. 2014), replaced by article 60 of Law 27.008, with the following:
Article 101: The production of the sale of movable and immovable property located abroad, belonging to the private domain of the Nation and assigned in use to the Ministry of Foreign Affairs and Worship shall be affected by the acquisition, in the same area, of movable or immovable property and/or its construction and/or equipment and/or establishment of integral value and/or adequacy. Please provide the Chief of the Cabinet of Ministers with a view to making the budgetary adjustments to which this article takes place.
ARTICLE 61. — Default articles 106 and 107 of the Act 26,727. Restore the validity of Act No. 25.191 in its original wording together with the regulations.
The provisions of the preceding paragraph shall apply from 1 January 2017.
ARTICLE 62. — Note the value of the electoral module established in article 68 bis of law 26,215 in the sum of nine pesos with forty-three cents ($ 9,43).
ARTICLE 63. - Explain the payment of the export right that encumbers the export for the consumption of hydrocarbons and their derivatives, solid fuels and synthetic lubricants, within the framework of the campaigns that are carried out annually in accordance with the provisions of Act No. 18,513 and Decree No. 2,316 of 5 November 1990 which are intended to supply the Antarctic bases.
ARTICLE 64. — Incorporate as resources with specific impact on the Federal System of Public Media and Contents of the Jurisdiction Chief of Staff of Ministers, non- tributary resources and sales of goods and services that are generated by the activities carried out at the Cultural Center of the Nestor Carlos Kirchner Bicentennial, and at the Tecnópolis Center in compliance with their functions.
ARTICLE 65. — Provide the Chief of the Cabinet of Ministers with the opportunity to proceed with the administrative distribution of this Act, to incorporate the provisions, resources and charges under Programme 30 - Register of Sequefied and Decommissioned Arms, Administrative Service-Financiero 332 - Ministry of Justice and Human Rights, in the decentralized agency 208 - National Agency for Controlled Materials, operating within the Ministry of Justice and Human Rights.
ARTICLE 66. -Extract from the payment of the import duties that grapple the imports for the consumption of bearing material - locomotives, machinery, self-propelled units and towed material -, systems of signaling and its components, doors of platforms, apparatus of way, of the spare parts directly related to those goods and of rails, destined to projects of investment for the strengthening and improvement of the railway system of passengers. Such imports will also be exempt from the value added tax. The profits here will govern for the goods issued for final destination to the customs territory by land, water or air and loaded in the respective means of transport until 31 December 2017, inclusive. Such exemptions would only be applicable if the goods were new and the national industry was not in a position to provide them, on which the Ministry of Production should be issued.
The goods imported with this benefit shall not be transferred to third parties other than those previously identified by the term of five (5) years from the date of their release to square and shall be affected exclusively to the destination taken into account for the granting of the benefits here conferred, which shall be credited to the Undersecretariat for Railway Transport, under the Ministry of Transport, of the Ministry of Transport.
ARTICLE 67. - Explain the payment of the import duties, the fees for port services, airports, statistics and evidence that engrave the import of capital goods and goods for consumption - and their spare parts - that are acquired by the Argentine Air Navigation Company of the State (E.A.N.A.S.E.) (C.U.I.T. 30-715195-9). Such imports will also be exempt from the value added tax. These exemptions will only be applicable if the goods are new and the national industry is not in a position to provide them, on which the Ministry of Production must be issued. Also, exempt from the payment of the right of import, of the fees for port, airport, statistical and checking services that engrave the greatest value that, at the time of its reimport, have the goods that has temporarily exported the Argentine Air Navigation Company of the State (E.A.N.A.S.E.) (C.U.I.T. 30-715195-9) to the external repairs. All the benefits provided in this article will govern until 31 December 2017, even.
ARTICLE 68. — Explain the payment of the import duties that tax the imports for the consumption of port material — slips, buoys and other instruments of marking, materials of defense of coasts and springs — and of the spare parts directly related to those goods, destined to projects of investment for the strengthening and improvement of the harbour system of passengers and cargoes, which are acquired by the national State, the provinces, the Government of the Autonomous State of Buenos Aires. Such imports will also be exempt from the value added tax. These exemptions will only apply if the goods are new and the national industry is not in a position to provide them, the benefits here will govern until December 31, 2017, even.
ARTICLE 69. - Watershed National Route 19 (Note Infoleg: by art. 5° Decree No. 1013/2017 B.O. 12/12/2017 it is established that this article regarding the scope of the “Project 2 Improvement of Transport in the Metropolitan Area” of Programme 61 - Coordination of Road Transport Policies, contemplates urban and interurban works of improvement in public transport in the Metropolitan Area of the whole country, works of improvement of urban and intercity connectivity and road interventions in sections of urban and intercity connectivity. Such works and interventions may be carried out by the MINISTERY OF TRANSPORTE and/or agencies acting in their orbit through their existing programmatic structures)
ARTICLE 70. — Provide the head of the Cabinet of Ministers with the opportunity to proceed with the distribution of the credits approved by Article 1 of this Law, to incorporate in Jurisdiction 58 - Ministry of Energy and Mining, the remaining resource balances collected in the year 2015, corresponding to Laws 15,336, 24.065 and 23,966.
ARTICLE 71. — Apply for the 2017 Exercise a weight allocation of four thousand five hundred million ($ 4,500,000) to the Ministry of Agro-Industry, to be affected by the agro-industrial sector; plant, animal and food health and quality; territorial development and family farming; pure and applied research and its extension in agricultural and fisheries; and regional and/or provincial productions in the various countries.
Consider within this allocation the sum of pesos a billion ($ 1 billion) to grant compensation to soy production in the provinces covered by the actions of the Belgrano Plan Unit, in accordance with Article 2 of Decree 435/16.
Please inform the Ministry of Agro-Industry, the Ministry of Finance and Public Finance and the Federal Public Income Administration, to dictate the regulations that demand the implementation of the second paragraph of this article.
In addition, the head of the Cabinet of Ministers shall make the necessary budgetary changes in order to comply with this article.
ARTICLE 72. - The National Agro-Industry Trust Fund, known as Fondagro, will be established as a trustee for administration and finance, with the aim of encouraging, promoting and developing, through the actions that are considered most efficient, the agro-industrial sector; the health and quality of the plant, animal and food; the territorial development and the family farming; the pure and applied agricultural and agricultural fields;
To this end, the Ministry, through its headline, will be the Trustee of the Fondagro and Trust Nation S.A. will be its trustee, having to administer the Fondagro according to the instructions of the fiduciant.
The Fondagro is established on a permanent basis and will be integrated with resources from the annual budget allocations of the National Treasury, donations, and contributions from provincial, national and international agencies.
Please inform the Chief of Cabinet of Ministers to approve the flow and use of funds for the 2017 Exercise of the aforementioned trust, and may allocate part of the budgetary allocation referred to in the previous article.
ARTICLE 73. — Provide that we weigh eight billion ($8,000.000.000) corresponding to the budget line of Entity 850 National Social Security Administration, Transfers to Provincial and Municipal Institutions to finance current expenditures for the year 2017 within the Program Transfers and Contributions to Social Security and Decentralized Agencies, Group 07, Transfers to Provincial Previsional Funds, will be transferred to the provincial states in twelve (12) quotas and equivalents. The distribution of this amount will be based on the weighted average of the following three criteria:
(1) With an incidence of twenty-five percent (25%), the provincial population (based on data from the National Census 2010 of the INDEC).
(2) With an incidence of twenty-five per cent (25%), the number of projected beneficiaries of each provincial box, audited by the National Social Security Administration of the year 2015.
(3) With an incidence of fifty percent (50%), a weighted average of the financial result of the last year audited by the National Social Security Administration at the date of the calculation, adjusted by the degree of compliance of the Provincial Fund with the national regulations.
The National Social Security Administration will be responsible for determining the final amounts to be transferred automatically and monthly to each province, and will be able to apply a peak for those cases where the amount set by weighted average exceeds the estimated deficit for the 2017 Exercise. The transfer of these amounts will take place during the last week of each month of the 2017 calendar year. These amounts will be considered as an advance in the final amounts of financial assistance to be determined by the National Social Security Administration for each jurisdiction after the audits set out in article 27,260.
Author of the head of the Cabinet of Ministers to make the necessary budgetary modifications, in order to fulfill the payment of final judicial convictions in favor of the province of San Luis, according to judgments issued by the Supreme Court of Justice of the Nation in the cars: “San Luis, province of c/State national s/Action Declarativa de Inconstitutionidad y Cobro de Pesos” - Expediente S.191/09 S. 539/09, without affecting the budgetary limits already approved in the preceding articles.
ARTICLE 74. — Affect the Federal Solidarity Fund, created by decree of the National Executive 206 dated 19 March 2009, which will continue to be governed by the current regulations, the sum of pesos five billion ($ 5,000.000.000) for the 2017 Exercise. In addition, the object established for the aforementioned Federal Solidarity Fund, which will aim to finance provincial, municipal and Autonomous City works of Buenos Aires, which contribute to the improvement of the infrastructure of the different divisions and/or public, health, educational, hospital, housing and road agencies, as well as for infrastructure and productive investment, with express prohibition of using the sums of the said fund, for the financing of current expenses.
ARTICLE 75. - Replace article 1 (a) of Act 22.929 with the following:
(a) Staff who directly undertake scientific technical research or development activities and conduct these activities in any of the national agencies specified in article 14 (a) of Act No. 25.467, complying with such staff with the full-time activities referred to in accordance with the statutes or regimes of the agencies specified above. Incorporate into law 11.672, supplement permanent budget (t. 2014) the article of this law.
ARTICLE 76. - Delete the last paragraph of Article 8 of Law 25.152.
ARTICLE 77. - The national executive branch should develop and report over the fiscal year 2017 a plan for reforms of the national budgetary system aimed at achieving the objectives of greater specificity and detail in the budget laws, and progress in transparency at all stages of the budget cycle.
This plan must be presented to the Honorable Congress of the Nation by 30 June 2017, and the reforms will enter into force in fiscal year 2018.
ARTICLE 78. — Apply for the 2017 Exercise an additional allocation of six hundred and fifty million pesos ($ 650,000.000) for the province of La Rioja to finance investment spending. Please provide the head of the Cabinet of Ministers with the necessary budgetary changes in order to comply with this article.
ARTICLE 79. — Substitute following Article 116 of Law 11.672, a permanent supplement to the budget 2014, the following Article 116 bis:
Article 116 bis: Condom the debts of companies benefiting from the Industrial Promotion Regime, Law 22.021 and its modifications, generated until the fiscal period 2015—any state in which they are located—, originated by the usufruct of an amount of tax credit bonds higher than the originally recognized, which would have been credited in the framework of a particular judicial process whose result was finally adhered to the benefits of the aforementioned regime. The condonation reaches the owed capital, recital and/or punitive interests.
All those benefits granted under acts considered or may be considered null and void in the terms of the preceding article are excluded from the condonation provided in the preceding paragraph.
Please refer to the national executive branch, following the favourable intervention of the Ministry of Finance and Public Finance, the Ministry of Production, the Federal Public Income Administration, and the respective enforcement authorities of the said regime, to extend the corresponding certificate of promotional compliance for the purpose of enabling the condonation of each particular case.
Replace by one hundred and eighty (180) administrative working days, counted from the entry into force of this law, tax executions related to the debts mentioned in the first paragraph of this article; enable the Federal Public Income Administration to extend it until the verification of compliance by the companies involved is completed.
The national executive branch shall regulate what is prescribed in this article and shall issue the complementary rules necessary for its implementation.
ARTICLE 80. — Provide the head of the Cabinet of Ministers with the necessary budgetary modifications in order to ensure the regularization of the administrative circuits and of the obligations generated, as a result of the provision in payment of advertising spaces and/or related services generated prior to and during the 2017 Exercise, in the framework of the provisions of Decree 1.145/2009 and its amended decrees 852/2014, 2,379/2015 and 345/2016. Also, authorize the head of the Cabinet of Ministers to issue the supplementary rules for the implementation of this article.
The use of the advertising product of the pay-off is expressly prohibited ninety (90) days before the primary election and until the end of the general election, in the years of the election. Credit to use may never exceed twenty percent (20%) per fiscal period.
ARTICLE 81. — Please refer to the agreements entered into under the “Federal Programme for the Deindebtedness of the Argentine Provinces” regulated by Decree 660 of 10 May 2010 and its supplementary rules, which may only be amended by the intrafederal agreements reached by the parties that signed them.
ARTICLE 82. — The company Aguas y Saneamientos Argentinos (AYSA), covered by Laws 26.100 and 26.221, may apply for accreditation against other taxes by the AFIP, an autonomous entity within the scope of the Ministry of Finance and Public Finance, or the return or application of any other mechanism that is implemented in the regulation of this article, of the balance in its favour referred to in the first paragraph of Article 24 The Ministry of Finance and Public Finance shall regulate the conditions of this article taking into account the general conditions prevailing in budgetary revenues.
ARTICLE 83. — Notwithstanding the authorizations granted, only the processes of contracting the Hydroelectric Energy Infrastructure Works may be initiated when the express approval by the respective Water Basin Committee or, if not yet established, of each of the condominium governments, as provided for in Act No. 25,688 - Environmental Water Management Regime.
Permanent supplementary budget law
ARTICLE 84. - Incorporate into law 11.672, permanent supplementary budget (t. 2014) the articles, 63, 64 and 82 of this law.
Budget for central administration expenditure and resources
ARTICLE 85. — Disclose in the tables Summary numbers 1, 2, 3, 4, 5, 6, 7, 8 and 9, annexed to this Title, the amounts determined in articles 1, 2°, 3° and 4° of this law corresponding to the Central Administration.
Budget for expenditures and resources of decentralized agencies and social security institutions
ARTICLE 86. — Detail in the tables Summary numbers 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A and 9A attached to this Title the amounts specified in articles 1o, 2°, 3° and 4o of this Law that correspond to the decentralized agencies.
ARTICLE 87. — Disclose in the tables Summary numbers 1B, 2B, 3B, 4B, 5B, 6B, 7B, 8B and 9B attached to this Title the amounts specified in articles 1, 2°, 3° and 4° of this law that correspond to social security institutions.
ARTICLE 88. - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TREAT DIAS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL DIECISEIS.
- REGISTRATE BAJO #27341 —
EMILIO MONZÓ. - FEDERICO PINEDO. - Eugene Inchausti. — Juan P. Tunessi.
NOTE: The Annex/s that integrate/n this(a) Law is published in the web edition of BORA —www.boletinoficial.gob.ar — and can also be consulted at the Central Headquarters of this National Directorate (Suipacha 767 - Autonomous City of Buenos Aires). (Note Infoleg: The annexes referred to in this rule have been extracted from the Official Gazette web edition. These are available in the following link: Annexes) (Note Infoleg: the modifications to the Annexes published in the Official Gazette can be consulted by clicking on the link "This rule is complemented or modified by standard X(s).")