Key Benefits:
Sanctioned: November 27, 2001.
Enacted: January 7, 2002.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the provisional protocol to the Convention on the Elimination of All Forms of Racial Discrimination and the DE BOLIVIA, subscribed to La Paz . REPUBLICA DE BOLIVIA el on November 6, 2000, which consists of NUEVE (9) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE VEINTSIETE OF NOVEMBER OF THE YEAR DOS MIL ONE.
_
PASCUAL RAFAEL. . MARIO A. LOSADA. . Guillermo Aramburu. . Juan C. Oyarzún.
ADDITIONAL PROTOCOL
AL
MIGRATION CONVENTION
ENTRE
THE ARGENTINA REPUBLIC
And
THE REPUBLIC OF BOLIVIA
The Government of the Argentine Republic and the Government of the Republic of Bolivia hereinafter "The Parties",
Taking into consideration the provisions of the Convention on Migration between the Argentine Republic and the Republic of Bolivia of 16 February 1998, henceforth "the Convention",
Agree to the following:
APPLICATION
ARTICLE 1
Substitute Article 2 of the Convention by the following:
"This Convention as amended by the Additional Protocol applies to:
(a) Nationals of one Party, who wish to establish themselves in the territory of the other, in order to develop formal activities in relation to dependence and to submit, within the time limit of the Convention, to the respective consular headquarters, their application for entry into the country and documentation determined by Article 4 (a) of the Convention as amended by the Additional Protocol.
(b) Nationals of one Party, which find themselves in an irregular migratory situation in the territory of the other and intending to regularize the same in order to develop formal activities in relation to dependency or autonomous, submit within 365 days from the validity of the Additional Protocol, to the corresponding migration services, their request for regularization and documentation determined in Article 4 (a) of the Convention modified by the Additional Protocol.
(c) Nationals of a Party which are single spouses, parents or children under 21 years of age or disabled of connationals who have received the Convention, who wish to enter or regularize under the Convention and submit, within the time limit of the Convention, to the respective consular headquarters or migration service as appropriate, the documentation specified in Article 4 (b) of the Convention as amended by the Additional Protocol.
(d) Nationals of a Party wishing to enter or regularize under this Convention and to be single spouse, parents or children under the age of 21 or disabled of connationals residing in the host country as temporary or permanent under the common regime established in the respective domestic legislation and to submit, within the time limit of the Convention, to the respective consular headquarters or migration service, as appropriate, the documentation specified in Article 4 (b)
(e) Nationals of a Party wishing to enter or regularize under the Convention and to be a spouse, parents or children of the other nationals residing therein and to submit, within the time limit of the Convention, to the respective consular headquarters or migration service, as appropriate, the documentation specified in Article 4 (c) of the Convention as amended by the Additional Protocol.
For the purposes of subparagraph (b) of this Article, the term "irregular" means the permanence of nationals of one Party in the territory of the other, who do not meet the requirements in the respective internal migration laws".
TYPE OF RESIDENCE TO OTORGAR AND REQUIREMENTS
ARTICLE 2
Substitute Article 4 of the Convention by the following:
"The respective consular headquarters or the migration service, as appropriate, may grant:
(a) Nationals covered by Article 2 (a) and (b) of the Convention as amended by the Additional Protocol shall have a three-year temporary residence following the submission of the following documentation:
I) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the applicant accredited in the country of receipt, so that the identity of the petitioner is accredited.
II) Birth and civil status of persons.
III) Certificate of proof of the lack of criminal and/or police records in the country of origin or in which the petitioner had resided during the five years prior to his arrival in the receiving country or his request to the consulate as the case may be.
IV) Affidavit of lack of international criminal or police background.
V) Certificate of criminal and/or police record of the petitioner in the receiving country, if it is a national covered by Article 2 (b) of the Convention as amended by the Additional Protocol.
VI) Medical certificate issued by immigration or other official medical authority from the country of origin or reception, as appropriate, from which the psychophysical aptitude of the petitioner arises in accordance with the internal rules of the receiving country.
VII) Completion of employment identification for the exercise of formal activities in relation to dependency or registration in the respective tax collection agencies, in the case of exercise of autonomous formal activities, which will be granted against the submission of the documentation provided in the preceding paragraphs.
For the Argentine Party it will be understood that such records are the Unique Labour Identification Code (CUIL) and the Unique Tax Identification Key (CUIT) respectively. The implementation regimes for obtaining the ITU and CUIL are detailed in Annex I.
For the Bolivian Party it will be understood that such records are the Carnet Laboral (CL) and the Unique Registry of Contributors (RUC). The application regimes for obtaining the CL and the RUC are detailed in Annex II.
(b) To nationals covered by Article 2 (c) and (d) of the Convention as amended by the Additional Protocol a temporary residence whose maturity shall operate in conjunction with the expiration of the residence of the relative whose link is alleged or a permanent residence as appropriate, following the submission of the following documentation:
I) A birth or marriage certificate that denies the link that allows it to receive the agreement and documentation that proves the quality of temporary or permanent residence of the relative whose link is alleged.
II) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the petitioner, so that his identity is accredited.
III) Certificate that credits the lack of criminal and/or police records in the country of origin or in which the petitioner has resided during the five years prior to his arrival in the receiving country or his request to the Consulate as the case may be.
IV) Affidavit of absence of international criminal or police records
(V) Certificate of criminal and/or police record of the petitioner in the host country, if it is a national covered by Article 2 (b) of the Convention as amended by the Additional Protocol.
VI) Medical certificate issued by immigration or other official medical authority from the country of origin or reception, as appropriate, from which the psychophysical aptitude of the petitioner arises in accordance with the internal rules of the receiving country.
(c) To the Nationals of the Parties referred to in Article 2 (e) of the Convention as amended by the Additional Protocol a permanent residence following submission of the following documentation:
I) Birth or marriage, as appropriate.
II) Identity document of the relative whose link is alleged and documentation that credits his nationality.
For both parties, the national quality is credited by birth certificate.
III) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the petitioner, so that his identity is accredited.
IV) Certificate of proof of the lack of criminal and/or police records in the country of origin or in which the petitioner had resided during the five years prior to his arrival in the receiving country or his request to the Consulate, as the case may be.
V) Affidavits of lack of international criminal or police records.
VI) Certificate of criminal and/or police record of the petitioner in the country of receipt, if he is a national covered by Article 2 (b) of the Convention as amended by the Additional Protocol.
VII) Medical certificate issued by medical immigration or other official health authority of the country of origin or reception, as appropriate, of which the psychophysical aptitude of the petitioner arises in accordance with the internal rules of the receiving country.
Petitioners of temporary or permanent residence referred to in subparagraphs (a), (b), (c), (d) and (e) of Article 2 of the Convention as amended by the Additional Protocol shall pay the retributive rate of services at the beginning of the procedure of the respective residence as provided by the corresponding domestic legislation. Children under the age of 16 who make the procedure together with their parents shall be exempt from the payment of the retributive rate of services.
The migration authority may also exempt from the payment of the retributive rate of services to applicants of temporary or permanent residence in the cases referred to in Article 2 (c), (d) and (e) of the Convention as amended by the Additional Protocol on the basis of the indigence of the petitioner and the relative whose link enables inclusion in the same.
For the purposes of the legalization of documents when the application is processed at consular headquarters, the certification of its authority shall be sufficient in accordance with the procedures established in the country of which the document proceeds. When the request is processed in the case of migration services, such documents shall be certified only by the consular agent of the country of origin of the applicant accredited in the receiving country, without any other precaution."
ARTICLE 3
Substitute Article 5 of the Convention by the following:
(a) The nationals of the Parties referred to in Article 2 (a) and (b) of the Convention as amended by the Additional Protocol that have obtained their temporary residence of three years shall be submitted to the corresponding migration service every twelve months on the date of their granting, with the following documentation:
I) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the petitioner accredited in the country of receipt so that the identity of the petitioner is accredited.
II) Certificate of accreditation of the lack of criminal and/or police records in the receiving country in the last twelve months.
III) In the case of self-employed persons, there is evidence of compliance with the forecast and tax obligations during the period of residence granted;
In the case of workers in relation to dependency salary receipts of at least six of the last twelve months, and recorded by the competent agency of the data of the employer with which it is working at the time of submission.
IV) Completion of the temporary residence granted in due course.
(V) The latest presentation made in time and form before the migration authority, pursuant to this Article.
(b) The Nationals of the Parties referred to in Article 2 (c) and (d) of the Convention as amended by the Additional Protocol that obtained temporary residence over the year shall be submitted to the corresponding migration service every twelve months with the following documentation:
I) Completion of the temporary residence granted in due course.
II) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the petitioner accredited in the country of receipt so that the identity of the petitioner is accredited.
III) Certificate that demonstrates the lack of criminal and/or police records in the receiving country in the last twelve months.
IV) Constance issued by the competent agency certifying the regular migration status of the relative whose link is alleged. For the Argentine Party, that agency is the National Directorate for Migration.
For the Bolivian Party, this agency is the National Migration Service.
(V) The latest submission made in time and form before the migration authority under this Article.
The verification of the ends indicated in this Article shall be exempt from the payment of the retributive rate of services to the respective migration services."
ARTICLE 4
The migration authority may terminate the temporary residence granted under Article 2 of this Additional Protocol in the event of a breach of the obligations set out in Article 3 of this Protocol.
ARTICLE 5
The migration authority shall grant temporary or permanent residence as requested by the petitioner, to nationals of the Parties who have completed three years of continuous legal residence in accordance with Articles 2 and 3 of this Additional Protocol, subject to the following requirements:
(a) For nationals of the Parties referred to in Article 2(a) and (b) of the Convention as amended by this Protocol:
I) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the applicant accredited in the country of receipt, so that the identity of the petitioner is accredited.
II) Certificate of accreditation of the lack of criminal and/or police records in the receiving country in the last twelve months.
III) In the case of self-employed persons, there is evidence of compliance with the forecast and tax obligations during the period of residence granted.
In the case of workers in relation to dependency receipts of wages of at least six of the last twelve months and evidence issued by the competent agency of the data of the employer with which it is working at the time of submission.
IV) Completion of the temporary residence granted in due course.
V) Completion of submissions made in time and form before the migration authority, in accordance with Article 3 of this Protocol.
VI) Payment of the retributive service rate as provided by the respective laws.
(b) For nationals of the Parties referred to in Article 2(c) and (d) of the Convention as amended by this Protocol:
I) Completion of the temporary residence granted in due course.
II) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the petitioner accredited in the country of receipt so that the identity of the petitioner is accredited.
III) Certificate that demonstrates the lack of criminal and/or police records in the receiving country in the last twelve months.
IV) Constance issued by the competent agency certifying the regular migration status of the holder.
For the Argentine part, this agency is the National Directorate of Migration.
For the Bolivian part, this agency is the National Migration Service.
V) Completion of submissions made in time and form before the migration authority in accordance with Article 3 of this Protocol.
VI) Payment of the retributive service rate as provided by the respective domestic legislation.
In the event that the domestic legislation of the Parties provides for the granting of permanent residence in a period less than that established in this Article, its domestic legislation most favourable to the petitioner shall be applied in the territory of that Party.
ARTICLE 6
The documentation submitted by the nationals of the Parties that have received the Convention shall be valid and that they have not renewed their residence in time and form in accordance with the provisions of the Convention, provided that the documentation submitted is not expired and its renewal is necessary for that or other circumstance.
ARTICLE 7
Nationals of the Parties that have received the Convention and, if appropriate, have renewed the temporary residence in a timely manner, shall be submitted to the migration authority prior to the expiration of their existing residence in order to comply with the procedure provided for in Article 3 of this Protocol.
Accredited the requirements provided for in this Article, the migration authority shall grant a temporary residence for a period equal to the period remaining to the petitioner to meet three years of continuous legal residence which enable the granting of permanent residence under Article 5 of this Protocol.
To the sole effect of the application of this Article the procedure for granting permanent residence shall be exempt from the payment of the retributive rate of services.
CLAUSULA TRANSITORIA
ARTICLE 8
Until the entry into force of this Additional Protocol, the migration authorities shall assimilate temporary residences granted under the Convention, in accordance with the requirements and the scope provided for in the Articles of this Additional Protocol.
FINAL CLAUSULATIONS
ARTICLE 9
This Protocol shall be ratified and shall enter into force on the date on which the respective instruments of ratification are exchanged.
This instrument shall be an integral part of the Convention and shall have the same duration, except for the period established by Article 2 of the Convention as amended by this Additional Protocol for the regularization of immigrants in an irregular migration situation.
Made in La Paz, on the six days of November 2000, in two originals, both equally authentic.
