BUDGET Law 27431 Approve the General Budget of the National Administration for Exercise 2018.
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 DOS DOS NOVECIENTS CUATRO MIL CUATROCIENTS CATORCE MILLONES CIENTO DIETE MIL CUATROCIENTS SESENTA AND OCHO ($ 2,904,141,468) the total current and capital expenses of the General Budget of the National Administration for the Exercise 1, with a goal of analysis 6
ARTICLE 2. In the sum of PESOS DOS BILLONES DOS TOSCIENTS VEINTICINCO QUINIENTS CUARENTA AND CUATRO MILLONES DOSCIENTS CUARENTA AND THREE MIL SETENTA AND SIETE ($ 2,225,544,273.077) the Cálculo de Recursos Corrientes y de Capital de la Administración Nacional de acuerdo y figura an
|Current resources ||2.211.741.922.515 |
|Capital resources ||13.802.320.562 |
|TOTAL: ||2.225.544.243.077 |
ARTICLE 3. Note in the sum of PESOS QUINIENTS OCHO MIL OCHOCIENTS TREINTA AND CINCO MILLONES TREINTA AND UN MIL TREINTA AND UNO TREINTA TRECIENTS ($508.835.431.331) the amounts corresponding to the Figures for current transactions and of capital of the National Administration according to the same plan
ARTICLE 4. As a result of the provisions of articles 1, 2nd and 3rd, the financial deficit is estimated at the sum of SETENTA SEITMENTS AND MIL OCHOCIENTS SESENTATIVE AND NEW MILLONES SETENTA OCHOCIENTS AND ANOVENTA AND UNO MIL TRESCIENTS ($ 678,869,874.391). The following are the sources of financing and financial applications detailed in tables 11, 12, 13, 14 and 15 annexes to this article:
|Funding sources ||2.199.269.570.459 |
|- Decrease in Financial Investment ||18.618.167.278 |
|- Public Indebtedness and Increase of Other Liabilities ||2.180.651.403.181 |
|Financial applications ||1.520.399.696.068 |
|- Financial investment ||235.998.485.316 |
|- Debt amortization and decrease of other liabilities ||1.284.401.210.752 |
Please note in the amount of PESOS OCHO MIL SETECIENTS A MILLONES SETENTA MIL DOSCIENTS TRES ($ 8,711,470.243) the amount corresponding to the Figure Costs for Financial Applications of the National Administration, thus establishing the Funding for Figure Contributions for Financial Applications of the National Administration in the same amount.
ARTICLE 5. 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 6. With the exception of a well-founded decision of the head of Cabinet of Ministers, within the framework of the staffing requirements established by the Ministry of Modernization, there may be no increase in the positions and hours of chairs that exceed the totals set in the tables (A) annexed to this article for each jurisdiction, decentralized body and social security institution. Also, please fill out the vacancy reservation in accordance with the details of the table (B) annexed to this article.
Except for this limitation to transfers of charges between jurisdictions and entities of the National Administration, including compensations with the established reserve, and the incorporation of agents as a result of selection processes. The positions of the Higher Authorities of the National Administration, of the National System of Science, Technology and Innovation, determined by Law 25.467, of the regimes that determine incorporations of agents that complete specific training courses for the Armed Forces, of Security, of the Air Security Police, of the Foreign Service of the Nation and of the National Parkguard Corps and those corresponding to the executive functions of the Public Employment Sector.
ARTICLE 7. The posts provided for in the reservation referred to in the previous article, existing to date, may not be filled with the penalty of this Act, nor any subsequent vacancies in the jurisdictions and entities of the National Civil Service, without the prior authorization of the head of the Cabinet of Ministers. The administrative decisions issued in this regard shall be effective during the present fiscal year and the following for cases where such charges could not have been covered.
The posts for the Higher Authorities of the National Administration, the scientific and technical staff of the agencies indicated in article 14 (a) of Law 25.467, the Argentine Antarctic Institute, the Miguel Lillo Foundation, the National Institute of Seismic Prevention, the National Meteorological Service, the Naval Hydrography Service, the National Geographical Institute and the Public Research Institute are exempted from the above.
ARTICLE 8. Authorize the head of the Cabinet of Ministers, following the intervention of the Ministry of 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 increased sources of financing originated in loans from international financial agencies to which the Nation is a party, provided that they are destined for the Financing of Capital Expenses.
ARTICLE 9 The head of the Cabinet of Ministers, following the intervention of the Ministry of 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 years that are specifically intended by law.
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.
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 modifications, the hiring of works or acquisition of goods and services whose period of execution exceeds the Financial Exercise 2018 in accordance with the detail in tables A and B annexed to this article.
Please provide the Chief of Staff of Ministers with the necessary budgetary restructuring in order to incorporate the allocations set out in table B annexed to this article and to incorporate the hiring of works to the extent that they are financed from the powers provided for in articles 8 and 9 of this Act.
ARTICLE 12. Please see as a credit to finance the operating expenses, investment and special programs of the National Universities the sum of NINE PESOS and CINCO MIL TRESCIENTS DIETE MILLONES TRESCIENTS DIETE MIL TRESCIENTOS SETENTA AND UN ($ 95,317,371), according to the detail of the Planilla annex 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 of the work in Table B, annexed to this article in the total amount of PESOS MIL OCHOCIENTOS DIETE MILLONES ($ 1,817,000.000).
National universities should submit to the Ministry of Education University Policy Secretariat the information necessary for allocating, executing and evaluating the resources transferred to it. The Ministry may discontinue transfers of funds in case of non-compliance with such information, in time and form.
The budget approved by each university for the 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 2018 will be the ones in force for the month of November 2017, except for the increases in the plants approved and authorized by the University Policy Secretariat, according to the regulations established by the Ministry of Education.
Contact the head of the Cabinet of Ministers to make a compensation for CINCUENTAL PESOS AND NEW SETENTA MOSCIENTS AND CUATRO MIL SETECIENTS CINCUENTA AND UNO ($59,274,751) between Program 26 of Jurisdiction 70 with Program 21 of Jurisdiction 45 for the purpose of incorporating the National Defense Plane to the present.
ARTICLE 13. Please note that the amounts to be forwarded in a monthly and consecutive manner, during the present period, in payment of the obligations generated by article 11 of the “Agreement Nation - SEENTS Province of Buenos Aires
ARTICLE 14. The amount of PESOS DOS MIL QUINIENTS MILLONES ($ 2,500,000) as a contribution to the National Employment Fund (FNE) for the care of employment programmes of the MINISTERIO DE TRABAJO, EMPLEO and SOCIAL SECURITY should be combined during the present period.
ARTICLE 15. The national state takes charge of the obligations generated in the Electrical Majorist Market (MEM) by application of Resolution 406 of 8 September 2003 of the Energy Secretariat, corresponding to the acrecies of Nucleoeléctrica Argentina Sociedad Anónima (NASA), of the Binational Entity Yacyretá, of the Regalies to the Provinces of Corrientes and Misiones by the generation of the Economic Entity
The obligations of the national State in relation to any debt or commitment linked to the so-called “Electric Fees Convergence Programme and Reaffirmation of Electric Federalism in the Argentine Republic” shall be limited to the amount of investments committed by the national State in favour of the respective provincial jurisdictions within the framework of that programme, which are pending implementation. The implementing authority shall be the Electrical Energy Secretariat of the Ministry of Energy and Mining, which shall determine the amount of outstanding obligations and the conditions and modality of cancellation.
ARTICLE 16. In addition to the National Fund for the Enrichment and Conservation of Native Forests, pursuant to article 31 of Law 26.331, an amount of CINCUENTS QUINIENTS AND SEIS MILLONES QUINIENTS MIL ($ 556,500.000) and for the National Programme for the Protection of Native Forests, a amount of NONTICINTICINCO.
Please refer to the head of the Cabinet of Ministers, following the intervention of the Ministry of Finance, to extend the amounts set out in the preceding paragraph, within the framework of the aforementioned law.
SENTAY FOR the Exercise 2018 an allocation of PESOS SENTA MILLONES ($ 60,000) for the Parliamentary Monitoring Programme of the Budget - Office of the Budget of the Congress - Law 27,343, of PESOS CINCUENTA MILLONES ($50,000) for the National System of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - Law 26,827 Such allocations should be offset by the budgetary provisions of Programme 18 of Jurisdiction 1- National legislature.
In addition to the 2018 Exercise, the sum of PESOS CINCO MIL CATORCE MILLONES CUATROCIENTS TREINTA MIL ($5.014.430.000), for the Ministry of the Interior, Public Works and Housing, according to the detail of the A, B and C tables attached to this article.
ANNUALITY OF THE MINISTERY
Please provide the Chief of Staff of Ministers with the necessary budgetary modifications in order to comply with the above paragraphs, and to allocate the amount of NOVATE PESOS and SIETE MILLONES TRESCIENTS VEINTISEIS MIL ($97,326,000) to attend pre-factibility studies of projects included in Table D annexed to this article.
ARTICLE 17. Airlines Argentinas Sociedad Anónima y Austral Airlines - Skys of the South Anonymous Society must proceed to register in their respective accounting states all the financial assistance they had received from the national state and those they receive in the future, as contributions made to future capital increases.
Authorize the national executive branch, through the Ministry of Transport, to carry out and/or promote the societal acts necessary for the capitalization by Argentine Airlines Sociedad Anónima and Austral Airlines - Skys of the South Sociedad Anónima in favor of the national state of all the financial assistance that these companies have received from the national state to the present, and those that they receive in the future.
ARTICLE 18. The forecasts contained in articles 2° and 3° of the Act 25.152.
ARTICLE 19. Please provide for the fiscal year 2018 of article 7 of the Law 26.075, in accordance with the provisions of articles 9 and 11 of the Law 26,206, with a view to the purposes and objectives of the national educational policy and ensuring the transfer to municipalities in accordance with the amounts actually intended to cover expenses related to the purpose and function of formal basic education in accordance with the regulations in force in each jurisdiction.
ARTICLE 20. Appropriate the income as a contribution to the National Treasury of the sum of SETENTA QUINIENTS AND SEIS MILLONES TRESCIENTS SETENTA AND CINCO MIL ($ 576.375.000) 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 THREAT SEIS MILLONES DIECIOCHO MIL ONCE PESOS ($ 306.018.011) the amount of the regulatory rate as established by the first paragraph of article 26 of Law 24,804 - National Act on Nuclear Activity.
ARTICLE 22. Protract for Exercise 2018 the provisions of Article 22 of Law 27.341.
ARTICLE 23. For the Exercise 2018, a tax quota for the DÓLARES STADOUNIDENSES A MIL CUATROCIENTS VEINTIÚN MILLONES DOSCIENTA MIL (U$S 1.421.250.000) to be assigned to the promotional benefits provided for in Article 6 of Law 27.191. The enforcement authority of the aforementioned law shall assign the tax quota in accordance with the procedure established for that purpose. Promotional benefits will be applied in pesos, as established by the application authority. Without prejudice to the above provisions, the unearmarked balance of the fiscal quota budgeted in article 1 of Decree 882 of 21 July 2016 and article 25 of Act 27,341.
ARTICLE 24. Please note the annual quota referred to in article 3 of Law 22,317, in the amount of PESOS SETECIENTS MLLONES ($ 740,000,000), according to the following detail:
(a) PESOS DOSCIENTS NOVENTA MILLONES ($ 290,000) for the National Institute of Technological Education in the Ministry of Education;
(b) PESOS CINCUENTA MILLONES ($ 150,000) for the Secretariat of Entrepreneurs and the Small and Medium Enterprise of the Ministry of Production;
(c) PESOS TRESCIENTS ($300,000) for the Ministry of Labour, Employment and Social Security.
ARTICLE 25.- See the annual quota set out in Article 9 (b) of Law 23,877 in the sum of MILLONES SCIENTY PESOS ($ 150,000.000). The law enforcement authority 23.877 will distribute the quota allocated for the operator established in order to contribute to the financing of the costs of the execution of research and development projects in the 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 1.207 of 12 September 2006.
Cancellation of debts of forecast origin
ARTICLE 26. The amount of PESOS TREINTA and CUATRO MIL NOVECIENTS DIECISÉIS MILLONES ($ 34,916,000.000) for the payment of previsional debts recognized in the judicial and administrative headquarters and those previewed debts set out in the transactional agreements concluded under the law 27,260, according to the provisions of the section (a) and
ARTICLE 27. Authorize the head of the Cabinet of Ministers, after the intervention of the Ministry of Finance, to extend the limit set forth in article 26 of this law for the cancellation of previsional debts recognized at the judicial and administrative headquarters and those forecast debts established in the transactional agreements concluded under Law 27,260, according to the provisions of points (a) and (b) of Article 7 of the same law as the result of retroactive adjustments Authorize the head of Cabinet of Ministers to make the necessary budgetary changes in order to comply with this article.
ARTICLE 28. The maximum limit is the amount of PESOS TRES MIL DOS CINCUENTA AND CINCO MILLONES QUINCE MIL NOVECIENTS DIECINUEVE ($ 3.255.015.919) for the payment of previsional debts recognized in judicial headquarters by the appropriate party to pay in cash for any concept, as a result of retroactives originated in the following adjustments
|Financial Aid Institute for Retirement and Military Pensions ||2.059.169.978 |
|Retirement and Pension Fund of the Federal Police Argentina ||825,000. |
|Federal Prison Service ||60,000. |
|National Gendarmerie ||289.845.941 |
|Naval Prefecture Argentina ||21,000.000 |
Authorize the head of the Cabinet of Ministers to extend the limit set out in this article 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 retired and pensioned members of the Armed Forces and Security Forces, including the Federal Prison Service, when the fulfilment of such obligations so requires.
Authorize the head of Cabinet of Ministers to make the necessary budgetary changes in order to comply with this article. (Note Infoleg: by art. 2° of the Administrative Decision No. 1468/2018 of the Chief of Staff of Ministers B.O. 10/08/2018, the limit established by article 28 of Law No. 27,431 for the cancellation of forecast debts, which is consequently determined according to the following detail: Financial Aid Institute for Retirement and Military Pensions: $2,059,978; Retirement, Retirement and Pension Fund of the Argentine Federal Police: $1,215,000.000; Federal Prison Service: $175,000.000; National Gendarmerie: $289.845.941; Argentine Naval Prefecture: $21,000,000; Total: $3,760.015.919)
ARTICLE 29. The agencies referred to in article 28 of this Act shall observe for the cancellation of the forecast debts the strict priority order set out below:
(a) Judgements notified in previous fiscal periods and still pending payment;
(b) Sentences reported in 2018.
In the first case, older beneficiaries will be given priority. Exhausted the judgements reported in periods prior to the year 2018, those included in subparagraph (b), strictly respecting the chronological order of notification of final judgements, shall be served.
Retirement and pensions
ARTICLE 30. Please note that the participation of the Institute for Financial Aid for the Payment of Retirement and Military Pensions, referred to in articles 18 and 19 of Act No. 22,919, shall not be less than the ACCENTA AND SEIS BY SCIENTO (46 per cent) of the cost of the remunerative retirement, compensation and pension of the beneficiaries.
ARTICLE 31. Protract for TEN (10) years from their respective maturity the pensions granted under the law 13.337 that had expired or expired during the present period.
Protract for TEN (10) years from their respective dues the gratia pensions granted by law 26.337.
The ex gratia pensions extended by this law, which are granted and those which have been extended by laws 23.990, 24.061, 24.191, 24.307, 24.447, 24.624, 24.764, 24.938, 25.064, 25.237, 25.401, 25.500, 25.565, 25,827, 25,967, 26,078, 26,198, 26,422 and 26,422
(a) Not to be the beneficiary of a property whose tax valuation is equivalent to or greater than CIEN MIL PESOS ($ 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 UNA (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 DOS (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 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.
Public credit operations
ARTICLE 32. Authorize, in accordance with 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 in the amounts, specifications and destination of the financing indicated in the said table.
The amounts indicated therein 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 the time limit of TREINTA (30) days of the operation of public credit.
The coordinating body of the Financial Management Systems will conduct public credit operations for the Central Administration.
The Ministry of 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 33. Authorize the Ministry of Finance to issue letters of the Treasury to reach a volume in circulation of nominal value PESOS TREINTA MIL MILLONES (V. N. $ 330.000.000) to comply with the operations provided for in the financial program. These letters shall be refunded in the same financial period in which they are issued.
ARTICLE 34. Reference is made in the amount of PESOS SESENTA MIL MILLONES ($ 60,000.000) and in the amount of PESOS CINCUENTA MILLLONES ($ 50,000.000.000) the maximum amount of authorization to the General Treasury of the Nation dependent on the Undersecretary of Finance of the Ministry of Finance and the National Administration of Public Security, respectively.
ARTICLE 35. Please refer to the Ministry of Finance ' s Treasury Ministry ' s Treasury Ministry ' s Treasury Ministry ' s Treasury Ministry ' s Ministry ' s issuing and placing letters from the Treasury at a time that does not exceed the financial period until the nominal value of PESOS CATORCE MIL MILLONES ($ 14,000.000.000.000).
These instruments may be issued in the currency requiring the constitution of the aforementioned guarantees, with the issuance, placement, liquidation and registration of the above-mentioned letters of the Treasury, as provided for in article 82 of the annex to Decree 1.344 of 4 October 2007. Prior to its issuance, the budget allocation for guaranteed expenditures should be compromised.
Please refer to the Ministry of Finance ' s Treasury Secretariat 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 provide for the clarification, supplementary and procedural rules relating to the powers granted therein.
ARTICLE 36. Maintain during Exercise 2018 the suspension provided for in Article 1 of Decree 493 of 20 April 2004.
ARTICLE 37. Refer to the deferral of payments of the public debt services of the national government pursuant to article 41 of Law 27.341, until the completion of the process of restructuring the totality of the public debt originally contracted prior to 31 December 2001, or by rules issued prior to that date.
ARTICLE 38. Authorize the national executive branch, through the Ministry of Finance, to continue the normalization of the public debt services referred to in article 37 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 Credit Recovery, with the authority of the national executive branch to carry out all the necessary negotiations.
The Ministry of 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.
This report should incorporate an updated database identifying the agreements reached, the judicial or arbitral proceedings completed, the amounts of capital and 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.
Similarly, the Ministry of Finance shall report on the progress of management aimed at the standardization of the service of public securities issued in the framework of the restructuring of public debt 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 37 of this Act.
ARTICLE 39. 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 provided in the table annexed to this article, and for the maximum amounts specified in it or its equivalent in other currencies, plus the amounts necessary to meet the payment of interest and other accessories, which should be quantified at the time of the application of the aval.
ARTICLE 40. Within the amount authorized for Jurisdiction 90 - Public Debt Service, the sum of THREAT MILLONES ($300,000) PESOS is included for the care of the debts referred to in Article 7 (b) and (c) of Law 23.982.
ARTICLE 41. Note in pesos eight thousand six hundred million ($8,600,000.000) the maximum amount of placement of bonds of consolidation and bonds of consolidation of forecast debts, in all their existing instalments, for the payment of the obligations under Article 2 (f) of Law 25,152, those reached by Decree 1,318 of November 6, 1998 and those referred to in Article 127.67 The amounts indicated in the same correspond to actual placement values.
The Ministry of Finance may make changes within the total amount set out in this article.
ARTICLE 42. The Ministry of Finance, through the body responsible for the coordination of the Financial Management Systems, to the issue and delivery of letters of the Treasury in guarantee to the Fund for the Development of Renewable Energies (FODER), by account and order of the Ministry of Energy and Mining, to reach a maximum amount of nominal value of DÓLARES ESTUNIDENSES DOS MIL CUATROCIENTS
Please inform the Ministry of Energy and Mining and the Ministry of Finance to issue the regulations in accordance with their respective competences.
Please provide the Chief of Staff of Ministers with the necessary budgetary changes to enable them to be implemented. (Note Infoleg: by art. 5° Decree No. 545/2018 B.O. 15/6/2018 the amount authorized in this article for the Fund for the Development of Renewable Energies (FODER) in DELARES ESTADOUNIDENSES QUINIENTS QUINIENTS SETENTA and SEIS MIL QUINIENTOS (U$S 500,576,500).
ARTICLE 43. Please provide the Ministry of Finance and the Ministry of 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 to sign the relevant bilateral agreements with the provinces involved, in coordination with the Ministry of the Interior, Public Works and Housing.
ARTICLE 44. Replace Article 59 of Law 11.672 - Permanent Budget Complementary (t. 2014) with the following:
ARTICLE 59. The jurisdictions and entities of the national public sector, defined in the terms of Article 8 of Law 24,156 and its amendments, may only initiate preparatory arrangements for public credit operations funded in full or in part by international financial agencies and/or foreign States, when they have a favorable opinion from the Chief of Staff of Ministers, after evaluation of the respective project in accordance with the requirements of Law 24,354 of the National Public Investment System and its amendments. The Ministry of Finance will issue itself on the valuation and financial feasibility of loan conditions and will lead final negotiations.
The units of the National Administration responsible for the execution of credit operations with international financial agencies and/or foreign States may not transfer the administration of their purchases and contracts to other national or international agencies, other than their jurisdiction, unless expressly authorized by a decision of the Ministry of Finance, following a decision of the National Office of Contracts of the Ministry of Modernization of Administrative Modernization.
The head of the Cabinet of Ministers and the Minister of Finance may delegate the powers granted by this article.
The head of the Cabinet of Ministers shall, with the intervention of the Ministry of Finance and the Ministry of Finance to regulate this article.
ARTICLE 45. 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. 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, 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 46. For the purposes of the provisions of Acts 11,672, 24,156, 25,152 and 25,917, their rules of change, regulations and supplements, the terms “fideicomiso” and “trust fund” are equivalent.
ARTICLE 47. Default any provision except for the full or partly integrated trust funds with assets and/or funds of the national State to comply with the provisions of Act No. 24,156, its amendments, regulatory and supplementary rules.
ARTICLE 48. The trust funds included in article 8 (d) of law 24,156 and its amendments may be extinguished in the event of the revocation of the trust contract by the trustee, provided that the trustee is the national State or one of its jurisdictions or entities.
ARTICLE 49. The entities included in article 8 (b) of law 24,156 and their amendments, which would have constituted or constituted trust funds with their own assets and/or funds, should consolidate the budgetary operation of those trust funds in their respective budgets.
Article 50. Replace article 5 (a) of the Act 25,152 with the following:
(a) Any establishment of a decentralized agency, a public enterprise of any kind and a full or partly integrated trust fund with national State assets and/or funds will require the dictation of a law. Except as set out above for trust funds made up of enterprises and State societies referred to in article 8 (b) of the Financial Administration and Public Sector Control Systems Act 24,156 and their amendments.
ARTICLE 51. Replace article 16 of Law 11.672 - Permanent Budget Complementary (t. 2014) with the following:
ARTICLE 16. The trust agents of the total or partly integrated trust funds, in direct or indirect form, by goods and/or funds of the national State, or directly or indirectly linked, with subsidies determined by the latter, or created and/or regulated by rules or acts of the national Executive or of any of its agencies, must provide the Undersecretariat for Budget, under the Ministry of Finance Ministry of Finance, with the information related to the financial statements involved,
The jurisdiction or entity in the orbit in which such trust funds are located should provide any information required by the Under-Secretary-General for Budget.
In all cases, the trust funds referred to in this article are reached by the control of the General Assembly of the Nation and the General Audit of the Nation, within the scope of its competences.
ARTICLE 52. The Trust Fund for Environmental Compensation of Administration and Finance, within the Ministry of Environment and Sustainable Development of the Nation, under article 34 of Act No. 25,675, to ensure environmental quality, prevention and mitigation of harmful or hazardous effects on the environment and the care of environmental emergencies, as well as the protection, preservation, restoration or compensation of ecological systems and the environment.
The Fund shall consist of the following resources:
(a) Resources from the National Treasury allocated to it by the national State;
(b) The funds allocated by special laws to the prevention, elimination, remedy, restoration and/or compensation of environmental changes caused by different activities;
(c) Environmental compensation funds, according to the conventions that are signed in each case;
(d) National and international funds from public or private donations, in accordance with the conventions that are signed in each case;
(e) Allocations received from international or national agencies, in accordance with the cooperation agreements signed;
(f) Furniture and immovable property that the fund acquires on a free or onerous basis;
(g) The perceived values from sales of goods and services provided by the fund;
(h) The recovery of the capital and interest of the loans granted;
(i) The dividends or profits perceived by the ownership of shares or revenues from their sale;
(j) The income generated by the financing of other financial instruments;
(k) The production of its operations, the income, fruits and investment of the trustees;
(l) Income from the issuance of trustees issued by the trustee, with the endorsement of the national treasury, in the terms established in the contract and/or prospective thereof;
(m) Other income, contributions, contributions, subsidies, legacies or donations specifically allocated to the Fund;
(n) Resources resulting from the application of national environmental law fines;
(in) Remedies from substitute compensation provided by the federal justice system in the event that compensation in natura is not technically feasible;
(o) Remedies from substitute compensation by the national environmental authority in the event that repair in natura is not technically feasible; and
(p) Contributions from the agreements reached with the insurance companies issuing caption insurance policies for environmental damage of collective incidence, pursuant to article 22 of Act No. 25,675.
Remaining balances of a fentaneous period shall comprise the fund for the following period.
Exhibit the National Trust Fund for Environmental Compensation, of all existing national taxes, fees and contributions and to be established in the future, including the Attached Value Tax and the Credit and Debit Tax on Banking Accounts and Other Operators.
Please refer to the Ministry of Environment and Sustainable Development to dictate the regulations governing the implementation of this regime.
The provinces and the Autonomous City of Buenos Aires are invited to adhere to the exemption of all taxes applicable in their jurisdictions, in the same manner.
ARTICLE 53. Refer to the Trust Fund for the Environmental Protection of Native Forests within the Ministry of Environment and Sustainable Development, which shall be established as a trust in administration and finance, with the purpose of administering the National Fund for the Enrichment and Conservation of Native Forests established by law 26.331, promoting the objectives of the aforementioned law and implementing measures related to the protection of forests in the framework of the national contribution to the regulation of the Convention.
Remaining balances of a fentaneous period shall comprise the fund for the following period.
Explain to the Trust Fund for the Environmental Protection of Native Forests and the Trust, in its operations relating to the Fund, of the Tax on Credits and Debits in Banking Accounts and Other Operators, in accordance with the provisions of Law 25,413 of Competitiveness, and complementary regulations, and all existing national taxes, fees and contributions and to be established in the future. The provinces and the Autonomous City of Buenos Aires are invited to adhere to the exemption of all taxes applicable in their jurisdictions in equal terms.
ARTICLE 54. The systems that integrate the Transport Infrastructure System (SIT) established by Article 1 of Decree 1.377 of 1 November 2001 and its modifying rules will be considered as legally separate assets of affectation, and the affected assets that make up the Integrated Road System (SISVIAL) and the Integrated Railway System (SIFER), which are assigned to the payment or financing of such non-reimbursable road and railway works.
ARTICLE 55. The Undersecretariat for Water Resources, under the Ministry of the Interior, Public Works and Housing, will approve the financial planning and disbursements for the execution of the works of that distribution that are financed from the Trust Fund established by Decree 1.381 of 1 November 2001, ratified by Act No. 26.181, in accordance with its competence. For the purposes set out above, the aforementioned Undersecretariat shall instruct the payment to the Bank of the Argentine Nation through the areas with competences of the Ministry, for which it shall be constituted a Management Unit of the Water Infrastructure Trust.
The Ministry of Energy and Mining ' s Electric Power Secretariat will approve financial planning and disbursements for the execution of the works: “Hydroelectric exploitation of the Santa Cruz River, Dams Condor Cliff - La Barrancosa” which are funded by resources from the Trust Fund established by Decree 1.381 of 1 November 2001, ratified by Act No. 26.181. The so-called Electrical Energy Secretariat or who designates the Ministry in a timely manner will direct the Bank of the Argentine Nation to provide the payments of the disbursements for the DOS (2) works mentioned above.
ARTICLE 56. Please provide the national executive branch with the necessary measures to extinguish and liquidate the National Development Fund for Micro, Small and Medium-sized Enterprise (FONAPYME), the Micro, Small and Medium-sized Enterprise Guarantee Fund (FOGAPYME), both created by Law 25.300 and the Federal Operational Strengthening Programme for the Safety and Health Areas (PROFEDESS) established by Decree 1.765 of 3 October 2014.
Please provide the National Executive Branch, through the Ministry of Production, with the capitalization of the S.A. Investment and Foreign Trade Bank through the transfer of liquid and available assets from the liquid assets resulting from the liquidation provided for in the preceding paragraph, and of those assets and liquid and available funds of the Argentine Economic Development Fund (FONDEAR), established by Decree 606 of 28 April 2014.
Replace the name of the Argentine Economic Development Fund (FONDEAR), created by Decree 606 of 28 April 2014, by the National Productive Development Fund (FONDEP).
Please refer to the national executive branch, through the Ministry of Production, for the transfer of fees resulting from the liquidation of the trusts mentioned in paragraph 1 of this article to the National Productive Development Fund (FONDEP). Commend the national executive branch, through the Ministry of Production, to carry out within the period of UN (1) year the necessary adjustments to Decree 606 of 28 April 2014, for the formation and operation of the aforementioned FONDEP. In addition, and as an implementing authority, the Ministry, or the unit designated by the Ministry, may issue the complementary and clarification rules that are necessary for this purpose.
ARTICLE 57. Replace article 4 of Decree 652 of 19 April 2002, ratified by law 26.028, with the following text:
ARTICLE 4. The Ministry of Transport shall instruct the Trust established by Article 13 (b) of Decree 976/01, to apply the equivalent of a CINCUENTA BY CIENTO (50 %) of the resources derived from the tax established in Article 1 of Law 26.028 or of those selective taxes that in the future are destined to the Fideico cargo de Infraestructura de Transporte (Transportation Infrastructure) referred to in Title II of the aforementioned Decree, to the passenger system Part of the above-mentioned resources may also be transferred to SISVIAL.
ARTICLE 58. Consider the Trust Fund for the Dragado de Canales y Puertos, which will be formed as a trustee of administration and financial to attend to the payment of the corresponding acrecies of the works of signage, dredging and maintenance, both of the navigable routes and channels not granted by the national State, as well as of the channels of access and harbour vessels of those ports subject to national and/or provincial jurisdiction, administered by non-public legal persons,
The Trust Fund of the Dragado de Canales y Puertos is constituted in permanent form and will be integrated with the resources linked to the TREINTA BY CIENTO (30 %) of the perceived as toll by dredging of the channels of the area Martín García, the resources generated by the collection of the CINCO DÉCIMAS POR CIENTO (0.5 %) on the tolling rate paid by the users of the maintenance 584 of the Paraná River, external section of access to the Port of Santa Fe and the area of natural deep waters in the Río de la Plata exterior to the height of the Km. 239,1 of the Canal Punta Indio by the Canal Ingeniero Emilio Mitre and its extension from the Km. 584 of the Paraná River, external section of access to Puerto De Santa Fe to the height of the Km. 1238 of the Paraná River; and the resources, contributions or contributions for those ports or port terminals public, national and/or provincial, or private ports that adhere to the present. This integration does not preclude the regulation from establishing the impact of other resources on the integration of the Canal and Port Dragado Trust Fund.
Please refer to the Channels and Ports Dragoon Trust Fund and its trustee in its operations on the achievement of all existing national taxes, fees and contributions and to be established in the future.
The national executive branch, through the Ministry of Transport, shall constitute and regulate the operation of the Trust Fund for the Dragado de Canales y Puertos, arbitrating the necessary means to provide transparency and efficiency to its operator, and shall invite the Provinces to adhere to it and to exempt it from taxable taxes in its jurisdictions.
Please provide the head of the Cabinet of Ministers with the necessary budgetary changes in order to comply with this article.
Public-Private Participation Contracts
ARTICLE 59. Authorize, in accordance with article 16 of Act No. 27,328 and in the framework of article 15 of the Financial Administration and Public Sector Control Systems Act No. 24,156 and its amendments, the contracting of works or acquisition of goods and services whose execution period exceeds the financial year 2018 in accordance with the detail in schedules A and B annexed to this article.
ARTICLE 60. Trust the Public-Private Participation Trust (“PPP Trust”). The PPP Trust can be formed by a single trust and/or through different individual trusts called “PPP Individual Trusts”. The PPP Trust and/or the PPP Individual Trusts shall be established as trustees of administration, financial, payment and guarantee, with the scope and limitations set forth in this Law and the regulations issued by the National Executive.
The PPP Trust and the PPP Individual Trusts are intended to:
(a) To effect and/or ensure payment under public-private participation contracts in accordance with the provisions of Act No. 27,328 and concordant rules, either as a principal obligation or on the account and order of the national State and/or third parties;
(b) To grant loans, guarantees, bonds, guarantees or any other kind of financing or guarantee in relation to contracts or projects of public-private participation referred to in the preceding paragraph;
(c) Issue trust values;
(d) To issue certificates, negotiable values, securities, records, instruments or recognition of investment and to assume payment;
(e) Make capital contributions and acquire financial instruments for the implementation and financing of public-private contracts or projects;
(f) Conduct operations of currency derivatives, interest rate, raw materials; financial and non-financial indexes, and any other product and any other coverage operation; and
(g) Any other acts that establish regulation.
The PPP Trust and/or the PPP Individual Trusts will have assets that will be made up of the following trustees:
(a) Property, guarantees and budgetary provisions allocated to them by the national State under the Financial Administration and National Public Sector Control Systems Act 24,156 and its amendments and article 16 of Act 27,328;
(b) Contributions or contributions from other trust funds;
(c) Contributions, specific charges, fees and/or contractions for use;
(d) Payments to be made by contractors under law 27,328; and
(e) Those who correspond according to the regulations.
The trustee of each PPP Trust and/or the PPP Individual Trusts may constitute one or more trust accounts per PPP programme and/or PPP projects, which, according to each trust contract, shall constitute, each of them, a separate and independent asset for the other accounts created by the same PPP Trust and Trust.
Within the framework of operations relating to law 27,328, the PPP Trust and the PPP Individual Trusts will be exempt from all existing national taxes, fees and contributions and will be established in the future, including the Attached Value Tax and the Tax on Credits and Debits in Bank Accounts and Other Operators.
The provinces and the Autonomous City of Buenos Aires are invited to adhere to the exemption of all taxes applicable in their jurisdictions in the same manner.
In the relations of the PPP Trust and/or the PPP Individual Trusts with contractors under Act No. 27,328 and other private law subjects, the Civil and Commercial Code of the Nation shall be applied on a subsidiary basis.
The obligations and commitments assumed by the PPP Trust and/or the PPP Individual Trusts and the national State with the PPP Trust and/or the PPP Individual Trusts, in relation to contracts or projects of public-private participation concluded or executed in accordance with the terms of Law 27,328, shall not be considered public debt under Title III of Law 24.156.
The designations and contracts of the organizers, trustees of the PPP Trust and/or Individual PPP Trusts or other agents shall not be subject to the public contracting regime applicable to it in the event of its corresponding, and therefore shall be governed exclusively by private law.
For all purposes of Law 27,328, the PPP Trust and/or Individual PPP Trust Agreements, PPP Trust Agreements and/or PPP Individual Trusts Agreements, PPP Trust Agreements and/or PPP Individual Trusts or other supplementary contracts shall constitute the contractual documentation of public-private engagement contracts that are concluded under the law 27,328 and other supplementary contracts shall include the contractual documentation of public-private participation contracts.
ARTICLE 61. Incorporate as article 14 (h) of Decree 976 of 31 July 2001 and ratified by law 26.028, the following:
(h) The PPP Trust and/or Individual PPP Trusts, created by article 60 of the National Administration's General Budget Act for the Exercise of 2018, and contractors under law 27,328 for road and rail infrastructure works throughout the national territory.
ARTICLE 62.- Incorporate as Article 23(g) of Decree 976 of 31 July 2001 and ratified by Law 26.028, the following:
(g) To meet the obligations arising under the Public-Private Engagement Contracts under Law 27,328, relating to road and rail infrastructure works throughout the national territory, including integration into the PPP Trust and/or the PPP Individual Trusts.
ARTICLE 63. The power provided for in article 14 (c) and article 23 (b) of Decree 976 of 31 July 2001 and ratified by law 26.028, may be exercised only by decree of the national executive branch.
ARTICLE 64. Replace Article 2 (c) of Decree 902 of 12 June 2012 as amended by Decree 146/2017 with the following:
Beneficiary: it is the Fiduciante, in the terms established in the respective contract, the PPP Trust and/or the PPP Individual Trusts, the contractors under the law 27.328 for construction of houses and integral development of urban and real estate projects throughout the national territory or others that determine the authority of application of the Public Trust Fund Denominated Program Argentinean Housing.
ARTICLE 65. Incorporate as Article 5 (d) of Decree 902 of 2012 the following:
(d) To make contributions or contributions to the PPP Trust and/or to the PPP Individual Trusts for housing construction and comprehensive development of urban and real estate projects throughout the national territory.
ARTICLE 66. Be a beneficiary of the Social Housing Trust Fund, created by article 59 of Law 27.341, the PPP Trust and/or the PPP Individual Trusts and contractors under Law 27,328 for housing construction and comprehensive development of urban and real estate projects throughout the national territory.
ARTICLE 67. Incorporate as article 12 (e) of Decree 1.381 of 1 November 2001, ratified by law 26.181 as follows:
(e) The PPP Trust and/or Individual PPP Trusts, created by article 60 of the General Budget Law of the National Administration for Exercise 2018 and contractors under law 27,328.
ARTICLE 68. Incorporate as article 20 (f) of Decree 1.381 of 1 November 2001, ratified by law 26.181, the following:
(f) To make contributions or contributions to the PPP Trust and/or to the PPP Individual Trusts.
ARTICLE 69.- I. Unconditionality. As required by the nature of each Project, the PPP Contract may provide that the payment obligations represented by the certificates, or similar, records or instruments of recognition of the investment or benefit of the PPP Contractor are autonomous, abstract, negotiable (or directly represented by negotiable values, securities or similar titles including the PPP trust values referred to in item III of this Article), irrevocable and non-revocable reductions
II. Conditionality. Each Project may also provide that certificates, or similar, certificates or instruments for recognition of the investment or payment by the PPP Contractor are conditional on the deductions, reductions and/or compensations established in the bases and conditions folds and in the remaining contractual documentation.
III. PPP trust title. Refer to the title value title PPP trust value, which may be issued by the PPP Trust and/or the PPP Individual Trusts. PPP trust securities shall enjoy public tenders in the terms set out in the first paragraph of article 83 of law 26,831, even if the trustee does not review the quality of public entity.
ARTICLE 70. The payment obligations of the PPP Trust and/or the PPP Individual Trusts mentioned in the previous article shall not be directly applicable, supplemental or analogous, article 765 of the Civil and Commercial Code of the Nation; and articles 7° and 10 of the Law 23,928 and their amendments.
ARTICLE 71. The contracting for use in charging stations by the user, in public-private participation contracts under the law 27.328, shall consider the benefit of the user, so that his determination is the average economic value of the service offered, represented by the benefits or savings that means for the user improvements in the works and their conservation status and/or services. These values may include differences based on timetables, user categories, the use or use or impact of works or services among others. It may also consider the reasonable profitability of the project and the incidence of public contracting granted.
ARTICLE 72. Projects under Act No. 27,328 may access the tax treatment provided for in Act No. 26,360. The competent ministries, in exercise of the powers conferred on each and within their respective competences, shall issue the administrative acts and/or promote the necessary actions to that effect. The benefits provided for in that law shall not be mutually exclusive.
ARTICLE 73. For the purpose of determining the tax on profits, the PPP Contractor may choose to impute the profit from the execution of the works in the projects of public-private participation, in the framework of law 27.328, to the exercise in which it operates its enforceability, being understood by such to the delivery by the PPP Trust and/or the PPP Trusts of the certificates, including the PPP certificates,
ARTICLE 74. The operations and benefits relating to the issuance, subscription, placement, transfer, sale, exchange, exchange, exchange, conversion, amortization, interests, disposition, cancellations and other results of the certificates, negotiable values, securities titles — including the PPP trust titles — or similar, records or instruments of recognition of the investment or payment by the PPP Contractor, issued by the PPP Trusts and the same
Administration of state assets
ARTICLE 75. Chapter V of Decree-Law 23.354/56 - former Accounting and Organization Act of the Court of Accounts of the Nation and Accounts.
ARTICLE 76. Each of the branches of the State and the Public Prosecutor ' s Office shall be responsible for the administration of movable and semi-moving property, assigned to each of its jurisdictions and entities, with the authority to dictate the corresponding normative framework.
Any transfer of property between the National Executive, National Legislative, Judicial Branch of the Nation and the Public Prosecutor ' s Office or the free transfer of movable and semovient property — even on a temporary basis — to public agencies or private institutions legally constituted in the country for the development of activities of general interest, shall be expressly authorized by the holder of the national executive branch, the president of the respective chamber of the national legislative branch, the president of the Supreme Court. In all cases, the application of the principles of reasonableness, promotion of stakeholder participation, transparency, publicity, dissemination and equal treatment should be ensured.
The sale of movable or semi-moving property shall be authorized by the holders of the respective powers of the State, or of the Public Prosecutor ' s Office, which shall determine, except as expressed in the contrary, the destination of the funds.
ARTICLE 77. The national executive branch, within the OCHENTA (180) days of the promulgation of this law, shall establish the objectives, actions and powers that must regulate the State Property Management Agency with respect to the administration and disposition of movable and semi-moving property.
ARTICLE 78. Amend article 1 of Decree 1.382 of 9 August 2012 to read as follows:
ARTICLE 1. Please refer to the STATE ACCIDENT AUTHORATION, as a decentralised body within the scope of the MINISTROS GABINETE JEFUL, with financial economic autarchy, with its own legal personality and capable of acting in the field of public and private law.
The State Property Management Agency will be the Governing Body, which centralizes all the activities of the administration of movable and immovable property of the national State, exercising exclusively the administration of the real estate of the national State, where it does not belong to other State agencies.
ARTICLE 79. Please enter article 8 of Decree 1.382 of 9 August 2012, paragraphs 20 and 21, which shall read as follows:
20. Allocation, and reallocation of the real estate of the national State. Property assigned or affected to a particular service shall be deemed to be granted free of charge to the respective jurisdiction, which shall have its administration and custody. As soon as such use ceases, they must return to the jurisdiction of the State Property Management Agency.
21. Grant the precarious and free use of property owned by the national State, irrespective of its jurisdiction of origin, and for circumstantial reasons have no useful destination, when required by public agencies or by private institutions legally constituted in the country, for the development of its activities of general interest.
ARTICLE 80. Please enter article 8 of Decree 1.382 of 9 August 2012, paragraph 22, which shall read as follows:
22. To acquire real property by itself or by account and order of agencies and jurisdictions detailed in article 8 (a) of Law 24.156 and its amendments.
ARTICLE 81. Incorporate into Decree 1.382 of 9 August 2012, Article 18 bis, which shall read as follows:
ARTICLE 18 bis: Notice that the income from the disposal of the properties subject to this measure will be considered “Resources of Capital” and will be affected exclusively to finance “Gastos of Capital”.
ARTICLE 82. Incorporate as second paragraph of Article 5 (c) of Decree 146 of 6 March 2017, the following text:
(c) What is indicated in the preceding paragraph covers any real estate activity or operation in which the national State is a party.
ARTICLE 83.- Incorporate article 25 (d) of Decree 1,023 of 13 August 2001 - Contracts Regime of the National Administration, as follows:
11. The location of property, in cases where jurisdictions and entities covered by article 8 (a) of Act No. 24,156 and their modifications act as locators.
ARTICLE 84. Please 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 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 2018 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, as provided for, first.
ARTICLE 85. Amend article 44 of Law 11.672 - Permanent Budget Complementary (t. 2014), which will be drafted as follows:
ARTICLE 44. Payment orders issued by the Financial Administrative Services that enter, or are informed by summaries forms, the Integrated Financial Information System (SIDIF) administered by the National Accounts shall expire at the end of the period after its compliance with the said system, except those to which partial payments have been made, in which case the expiry shall operate at the end of the period following partial payment.
At the end of the 2017 Exercise, all payment orders issued during the year 2015 will expire and previous that register outstanding cancellation balances. For those issued in 2016 that register partial payments during 2017, the expiration will operate at the end of the 2018 Exercise. For their part those corresponding to the period 2017 to which partial payments had been made during the 2018 Exercise, will expire at the end of the 2019 Exercise.
Except for the expiry provided in the preceding paragraphs to payment orders issued for the fulfilment of judicial obligations.
ARTICLE 86. The Unified Fund System provided for in Article 80 of Law 24.156, shall be composed of the balances of the current accounts opened and/or created in the Bank of the Argentine Nation, of the jurisdictions and entities that are reached by Article 8 of the aforementioned Law, except the Single Treasury Account.
ARTICLE 87. No. 30, 415, of course, of course, of course, of course, of course, of course.
Property covered by the preceding paragraph shall be exempt from the tax established by the Value Tax Act 23,349 (t. by decree 280 of 26 March 1997) and its amendments.
The goods imported with the benefits established by this article may not be transferred to third parties other than those identified in article 8 of Law 24.156 by the term of CINCO (5) years counted from the date of its 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 of Railway Transport, which is dependent on the Ministry of Transport
These benefits will govern for new or used goods that are shipped until 31 December 2018, even, and will only be applicable if the national industry is not in a position to provide them, on which the Ministry of Production must be issued.
ARTICLE 88. Explain the payment of the import duties, the fees for port services, airports, statistics and checks that engrave the import of capital goods and goods for consumption — and their spare parts — that are purchased by Intercargo S.A.C. (C.U.I.T. No. 30-53827483-2) or the Argentine Air Navigation Company S.E. (C.U.-9). Such imports shall also be exempt from the tax established by the Value Added Tax Act 23,349 (t. by Decree No. 280 of 26 March 1997) and its amendments. 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.
Explain the payment of the import right, the fees for port services, airports, statistics and checks that enliven the greatest value that, at the time of its reimport, have the goods that have temporarily exported Intercargo Sociedad Anónima Comercial y/o Empresa Argentina de Navigation Aire Sociedad del Estado for the purposes of its repair abroad.
All the benefits provided in this article will govern until 31 December 2018, including.
ARTICLE 89. Explain the payment of import duties that encumber imports for the consumption of port material — slips, buoys and other marking instruments, coast defence materials and springs — of the spare parts directly related to those goods, destined for investment projects for the strengthening and improvement of the port system of passengers and cargoes, which are acquired by the national State, the Provinces, the Autonomous City of Buenos Aires and the S54. These imports will also be exempt from the tax established by the Value Added Tax Act 23,349 (t. by decree 280 of 26 March 1997) and its amendments.
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. The benefits here will govern until December 31, 2018, even.
ARTICLE 90. Corporations covered by Acts 26,412 and 26,466 may use the accumulated benefit balance and/or be generated as referred to in the first paragraph of Article 24 of the Aggregate Value Tax (t.o. by Decree 280 of 26 March 1997) and its amendments, for the payment of tax obligations whose collection, application and perception are carried out by the Federal Public Income Administration.
ARTICLE 91. The jurisdictions and entities reached by decree 365 of 26 May 2017 shall provide the salary and human resources information of the staff serving in the entities and jurisdictions covered by article 8, subparagraphs (a) and (b), of law 24,156 and their modifications, in the conditions and periods established therein and their respective regulations.
ARTICLE 92. Please provide the deadlines provided for in articles 2 and 5 of the Law 26,360 and its amended Law 26,728, for investment in infrastructure, until 31 December 2018, including.
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.
ARTICLE 93. Protract the deadline set out in article 61 of Law 27.198 until 31 December 2019.
ARTICLE 94. The resources that enter through the provision of the validation service of data, identity and biometrics by web, provided by the National Directorate of the National Register of Persons, in accordance with the conventions it subscribes, and with the aim of contributing to the acceleration of all matters concerning the procedures, arrangements or procedures that do to the development of its activity, in terms of its non-sensitive database, will be specifically affected by the identification and strengthening of the public agency.
ARTICLE 95. Redeem in PESOS VEINTE MIL MILLONES ($ 20,000.000) the social capital of the Banco de la Nación Argentina and transfer that sum to the National Treasure. Commend the Board of the aforementioned entity to take the necessary measures to comply with the orderly transfer and to carry out the relevant corporate adequacies.
ARTICLE 96. Replace Article 5 of the Organic Charter of the Bank of the Argentine Nation, approved by Law 21.799 and its amendments, which shall be drafted as follows:
ARTICLE 5. Of the liquid and realized profits that result at the end of the exercise after the amortizations and deducted the provisional and foreseeable punishments that the Directory deems appropriate, will be assigned: the percentage that establishes the competent authority for the legal reserve fund; the percentage established by the Directory, which cannot exceed the VEINTE BY CIENTO (20 %), to the National Treasury; and the remanent to increase the other
Article 97: Replace article 12 (f) of Law 26.363, which shall read as follows:
(f) The mandatory contribution of UNO BY SCIENTI (1 %) on the automotive insurance premiums for the policies contracted with insurance entities. This contribution will be paid by the insurers to the National Insurance Superintendency as provided by the regulations.
ARTICLE 98. Be duly fulfilled both in their perception and in their use the grants and scholarships granted by Jurisdiction 01 - Programme 17 which were provided by laws 27.198 and 27.341.
ARTICLE 99.- Replace article 98 (c) of Law 11.672 - Permanent Supplementary to Budget (t. 2014) with the following:
(c) Concessionary transport firms, or operators of hydrocarbon catching ducts, whose regulation is under national jurisdiction, shall pay annually and in advance a control rate of the activity. This rate will be the result of applying a TREINTA and CINCO CENTÉSIMAS BY CIENTO (0.35%) to the estimated income of the service provision of the tariff of the transport by ducts and maritime terminals, and for the untaxed ducts and the catching ones, the same liquota will be applied on an taxable basis established according to the reference values.
ARTICLE 100. Authorize the Ministry of Transport to extend the amount and/or deadline of the Contract for the Belgrano Cargas Railway Rehabilitation Project, signed on December 4, 2013, between the then Ministry of the Interior and Transport and China Machinery Engineering Corporation (CMEC), approved by Decree 1.090 of July 17, 2014.
ARTICLE 101. Explain the Liquid Fuels and Natural Gas Tax provided for in Title III of Law 23.966 (T. 1998) and its modifications, the tax set out in Article 1 of Law 26.028 and any other specific tax imposed on such fuel in the future, the imports of oil and diesel oil and their sale in the domestic market, for the purpose of 2018, to the peak of the electricity market.
The exemption provided in the preceding paragraph shall be appropriate while the average monthly import parity of oil or diesel oil without taxes, except for the Attached Value Tax, is not less than the refinery output price of these goods.
Authorize to import under the present regime for the year 2018, the volume of UN MILLÓN QUINIENTS MIL METROS CÚBICOS (1,500.000 m3), which can be expanded in up to a VEINTE BY CIENTO (20 %), according to the evaluation of its need carried out jointly by the Ministry of Finance and the Ministry of Electrical Energy Secretariat.
The national executive branch, through the agencies it deems appropriate, will distribute the quota according to the regulations it dictates in this respect, having to refer to the Honorable Congress of the Nation, on a quarterly basis, the relevant report that must contain indication of the volumes authorized by company and conditions of supply.
In matters not regulated by the present regime, the provisions of Act 26,022 shall be supplemental and complementary.
ARTICLE 102. Approve the increase in the contribution of the Argentine Republic to the International Development Association (IFA) in the context of the “Increase of Resources: Seventeenth Replenishment”, in the amount of DÓLARES ESTADOUNIDENSES SIETE MILLONES (U$S 7,000.000), whose payment will be subject to the Agency’s requirements.
In order to deal with the emerging payments of this article, authorize the Central Bank of the Argentine Republic to make in the name and on behalf of the Argentine Republic the contributions established with the corresponding counterpart funds, which will be provided by the National Treasury.
ARTICLE 103. Approve the increase in the contribution of the Argentine Republic to the International Development Association (IFA), in the framework of the “Increase in the IDA’s resources: the eighteenth replenishment” for the amount of DOLARES STADOUNIDENSES OCHO MILLONES (U$S 8,000.000), whose payment will be subject to the Agency’s requirements.
In order to deal with the emerging payments of this article, authorize the Central Bank of the Argentine Republic to make, on behalf of and on behalf of the Argentine Republic, the contributions established with the corresponding counterpart funds, which will be provided by the National Treasury.
ARTICLE 104. Please note that the payment of the balance of the contribution provided for in article 3 of Law 27,303 of OCHENTS STATES AND THREAT MILLIONS NONVENTA AND SELL MIL SETECIENTS CINCUENTA AND ACCOUNT WITH SESENTAVOS (U$S 83,497,754.60) will be made in the year 2018.
Please provide the Chief of the Cabinet of Ministers with the necessary budgetary changes in order to comply with the provisions of the preceding paragraph.
ARTICLE 105. Please note that Agua y Saneamiento Argentinos Sociedad Anónima will not be subject to the budgetary regime applicable to the entities referred to in article 8 (b) of Law 24.156. This without prejudice to the application of the control systems provided for in Titles VI and VII of Law 24,156.
ARTICLE 106. Please provide the head of the Cabinet of Ministers with the necessary budgetary restructuring in order to adjust the provisions for the implementation of the provisions of decrees 698/17 and 746/2017, as well as to improve the budgetary changes that arise from the creation of organizational structures of the different jurisdictions and entities of the national executive branch that are dictated during the year 2017.
ARTICLE 107. Transfer to the Ministry of the Interior, Public Works and Housing, the powers granted to the Chief of Staff of Ministers through Article 3 of Decree 2.609 of 27 December 2012.
ARTICLE 108. Please enable the National Executive to create temporary special executing units and/or to manage transitional and exceptional plans, programmes and projects, which can determine the appropriate structure, functioning and allocation of human resources. Such units shall have a duration not exceeding two (2) years, except authorization in the budget law of the year for the expiry of the period.
ARTICLE 109. Provide the National Executive Power for the Exercise 2018 to have voluntary retirement plans for staff in the agencies included in Article 8 of Law 24,156, in any of its modalities; staff who access the benefit may not be replaced and their request may be rejected for reasons of service based on endowment requirements as determined by the Ministry of Modernization.
ARTICLE 110. For the 2018 Exercise, an allocation of PESOS DOS MIL OCHOCIENTOS MILLONES ($2,800.000.000) in favor of the province of La Rioja, and PESOS CIENTO VEINTE MILLONES ($120.000.000) in favor of the municipality of the city of La Rioja. Please provide the head of the Cabinet of Ministers with the necessary budgetary changes in order to comply with this article.
Please note that at least 50 per cent (50%) of the amounts mentioned in the preceding paragraph will be transferred in twelve (12) monthly and equivalent quotas.
ARTICLE 111. The compensation provided for in the first paragraph of article 75 of Act No. 25,565 shall include recognition of the effect produced by the differential tariff regime for gas by networks provided for in that article in relation to the balances referred to in the first paragraph of article 24 of the Law on Attached Value Tax, which was ordered in 1997 and its amendments, accumulated as at 31 December 2017, in favour of the beneficiaries of such compensations.
ARTICLE 112. Please refer to the Ministry of Finance ' s Treasury Secretariat for the establishment and payment of tariffs for advisory services, training, functional assistance, technical assistance and related tasks in the framework of projects linked to the deployment of the financial management information solutions provided by the Secretariat. Such resources should be affected by the institutional strengthening of the Ministry of Finance. The balances of such unexpended resources at the end of each period shall be transferred to subsequent periods.
ARTICLE 113. Protract from 1 January 2018 and until 31 December 2019 the validity of Article 3 of the Law 26,204, extended by its similar 26,339, 26.456, 26.563, 26,729, 26,896 and 27,200.
ARTICLE 114. Replace the second paragraph of Article 1 of Law 27.160, which shall read as follows:
The calculation of the mobility index shall be carried out in accordance with article 32 of Law 24,241 and its amendments.
ARTICLE 115. Staff in the national public sector may be encouraged to initiate retiring proceedings when they meet the requirements required to obtain regular retirement, authorizing them to continue to provide their services for the period of one year from the respective estimate.
The same provision shall include staff in this sector who are governed by the Labour Contracts Act 20,744 (t. 1976 and its amendments) and those who voluntarily request retirement or retirement.
The Ministry of Modernization shall issue the rules of clarification and interpretation of the provisions of this article, in accordance with the powers granted by article 23 octies, paragraph 9 of Decree 13/15, which were incorporated into Title V of the Law of Ministries (Law 22.520, text ordered by decree 438/92, and its amendments).
Also, remove the Anticipated Retirement Regime for the entire Permanent Plant Staff belonging to the National Legislative Power (Act 24,600), which meets the requirements of the regulation, approved by joint resolution of the presidents of both chambers No. 4/2017.
ARTICLE 116. Please note that the national State will compensate the provinces to approve and comply with the Fiscal Consensus held on 16 November 2017, with an amount equivalent to the actual decrease in resources in 2018 resulting from the elimination of article 104 of the Tax Tax Act and the increase in the specific allocation of the Credit and Debit Tax Tax in Banking Accounts and Other Operators, as agreed in regulation II.
The transfer of funds will be daily and automatic and will be arranged by the Treasury Secretariat to the National Bank on the basis of quarterly projections.
These compensations will not be part of the National Administration's 2018 Income and Expenditure Budget.
Please refer to the Ministry of Finance's Treasury Secretariat to issue the regulations to comply with this article.
ARTICLE 117. Please note that the Federal Solidarity Fund, created by Decree 206/2009, does not integrate the National Administration Budget 2018.
The resources of the above-mentioned fund shall be distributed among the jurisdictions that approve and comply with the Fiscal Consensus, without including the national State, in accordance with the distribution provided for in the general federal partnership regime.
The jurisdictions that approve the Fiscal Consensus before 1 April 2018 will receive the accrued resources retroactively from 1 January 2018.
The jurisdictions that adopt and comply with the Fiscal Consensus will proportionately increase their participation in that of other jurisdictions. The increase for the first quarter will be established taking into account the jurisdictions that have approved the Fiscal Consensus (excluding the national State) as at 1 April 2018.
Please refer to the Ministry of Finance's Treasury Secretariat to issue the regulations to comply with this article.
ARTICLE 118. Authorize the head of Cabinet of Ministers to make the necessary budgetary changes to fulfil the obligations of the national State arising from the Fiscal Consensus. These amendments are exempt from the limits set out in article 37 of Law 24,156.
ARTICLE 119. Authorize the national executive branch, through the Coordinating Body of Financial Management Systems, in addition to the provisions of the annexed plan, article 32 of this Act, to carry out public credit operations up to an amount of NOVATE MIL MILLONES ($900,000.000.000) PESOS ($90.000.000) in order to comply with the provisions of regulation II.c of the Fiscal Consensus.
ARTICLE 120. Please note that the sum of PESOS DIECISIETE MIL MILLONES ($17,000.000) is included as a budget credit for transfers to Provincial Previsional Funds of Entity 850.
Notice that PESOS DOCE MIL MILLONES ($12,000,000.000) of this amount will be transferred in twelve (12) monthly and equivalent quotas, to those Provincial States that have not transferred their forecast systems to the Nation. Please refer to the National Social Security Administration to determine the final amounts to be transferred to each province.
ARTICLE 121. Replace the last paragraph of Article 137 of Law 11.672, Supplementary Permanent Budget (T. 2014), with the following:
Determine that the proceeding of the tax set out in Articles 65 and 66 of Chapter IV of Title II of the Internal Tax Law, which was ordained in 1979 and its modifications, or in that rule that incorporated it into its text, shall enter the National Treasury.
ARTICLE 122.Replace article 1 (a) of Law 22,929 and its amendments, laws 23.026, 23,626 and 27,341 with the following:
(a) Staff who directly undertake technical-scientific research or development activities and conduct these activities in one of the national agencies listed in article 14, paragraph (a), of the Law 25,467, and the Miguel Lillo Foundation, complying with such staff with the activities alluded with full dedication in accordance with the provisions of the statutes or regimes of the agencies specified above. Incorporate into law 11.672, a permanent supplementary budget (t. 2014), the article of this law.
ARTICLE 123. Replace article 27 of Law 27,260, which shall read as follows:
ARTICLE 27. Instruct the national executive branch that by means of the relevant agency comes within a time limit of the VEINTE SCIENT (120) days to an agreement with the provinces whose forecasting systems were not transferred to the national State in order to compensate for any asymmetries that might exist in respect of those jurisdictions that had transferred their forecasting regimes, so as to place all the provinces on an equal footing in the forecast.
A methodology should be agreed in order to establish that the amounts received by the National Social Security Administration (ANSES) arise from calculating the imbalances as if the forecast system in question had been transferred to the national State and to establish a monthly and automatic mechanism for transfer of funds in an amount that cannot be less than the CINCUENTA (50%) of the amount transferred the previous year.
ARTICLE 124. Protract until 31 December 2018 the validity of the suspension provided for in article 19 of Act 27.118 on family farming.
Permanent supplementary budget law
ARTICLE 125. Incorporate into law 11.672, Supplementary Permanent Budget (t. 2014) articles 17, 46, 47, 48, 49, 54, 55, 60, 63, 66, 69, 70, 71, 72, 73, 74, 76, 86, 90, 91, 94, 105, 107, 108, 112, and 115 of this Act.
Budget for Central Administration expenditure and resources
ARTICLE 126. Please note in the tables summarize 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 which correspond to the Central Administration.
Budget for expenditures and resources of decentralized agencies and social security institutions
ARTICLE 127. 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 1, 2°, 3° and 4° of this law that correspond to the decentralized agencies.
ARTICLE 128. 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 1, 2nd, 3rd and 4th of this Law that correspond to the institutions of Social Security.
ARTICLE 129. Contact the national executive branch.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTSIETE DAYS OF THE TWENTY DAY DYOS MIL DIETE.
— REGISTRATE BAJO N° 27431—
MARTA G. MICHETTI. - EMILIO MONZO. - 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-.
e. 02/01/2018 No. 102545/17 v. 02/01/2018 (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).")