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Civil Staff Of The Federal Prison Intelligence Service Statute - Approval - Full Text Of The Norm


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Law 20.417

Minister of Justice of the Nation

Bs. As., 10/5/1973


I have the honour to elevate to the consideration of V.E. the draft "Secret" Law which approves the Statute-Scalaphon for Civil Personnel of the Federal Prison Intelligence Service, created by Decree "S" No. 6387/71.

This Agency requires it to be provided with the legal instrument for the provision of services of such personnel, which establishes the rights and obligations, careers, retributions and disciplinary regime governing them.

In the preparation of the attached project, the foundations and provisions governing the Secretariat for State Information and the similar intelligence services of the Armed and Security Forces have been taken into account, and what is determined in the Nros National Policies. 131, 134 and 135 approved by Decree No. 46/70.

Given the characteristics of this project, I believe that the process of "significative transcendence" should be assigned to it.

God save Your Excellency.


Bs. As., 18/5/1973

In use of the powers conferred by Article 5 of the Statute of the Argentine Revolution,


ARTICLE 1 Approve this Statute - Scaffolding for the Civil Staff of the Federal Prison Intelligence Service. ARTICLE 2 The rules contained in Decree "S" No. 9480/67 of 28 December 1967, as long as they do not object to the present, constitute the Regulations of this Statute. The partial or total modifications that he may suffer in the future will be or will not apply, after Resolution that will be issued by the National Director of the Federal Prison Service. ARTICLE 3o O In accordance with the functionalities and functional tasks that it must perform normally and effectively, it will be grouped into the following tables (Annex 1).

(a) TABLE "A": Staff assigned to duties and/or contributing tasks and/or assisting in the best implementation of the specific intelligence mission. Includes the following substrates:

A . 1: Professionals with a university degree or senior staff from the Armed Forces (Body Command or Professional Corps) or the Federal Prison Service, with aptitude acquired to exercise the corresponding specialty.

A 2: 2: Civilian personnel with full secondary studies or junior staff from the Armed Forces or the Federal Prison Service, with a certificate of training for specialist tasks in which they are performed.

(b) TABLE "C": Staff assigned to technical tasks with managerial, executive and information assistant functions, directly linked to the implementation of the specific intelligence mission. Includes the following substrates:

C . 1: Personnel from the Armed Forces with the title of Information Officer or of the General State, or with certificate of extension courses according to their force of origin, or member of the Federal Prison Service under identical conditions, as well as civil staff with university degree and training certificate granted by the Secretarla of State Information, Federal Prison Intelligence Service or Intelligence Services of the Armed Forces.

C 2: 2: Civilian personnel with complete secondary studies and certified training by the Secretariat of State Information, Intelligence Services of FF.AA. and self-recruitment.

ARTICLE 4o O The careers of civilian personnel included in this Statute comprise ten and six (16) categories, for each of which equal remuneration shall be payable, regardless of the category or sub-square in which the agent is concerned, without considering the bonuses provided for in Articles 12 and 13 of this Law. ARTICLE 5o O Income must meet the basic conditions specified below, and approve the other requirements set out in the regulation of this Law.

1.- Be native Argentine or by choice and meet the requirements of the existing counterintelligence rules.

2.- Have complied with the existing legal provisions on enrolment and military service and possess:

(a) In the year of entry, the age of majority established by the Civil Code.

(b) Up to thirty-five (35) years, even in the same period, may exceed that limit up to fifty-five (55) years, at the discretion of the authority extending the appointment, for the particular case involving the agency the specialty, training or experience of such staff.

3.- Possess the regulatory physical fitness consistent with the functions and tasks to be performed.

ARTICLE 6o O Income to the different categories shall be due to the minimum level of the relevant sub-quarter, by appointment extended by the National Director of the Federal Prison Service, on a conditional basis and by the end of one (1) year. If the applicant approves the requirements, it may be confirmed by resolution emanating from the same authority. ARTICLE 7o O Any changes in categories, sub-tables and/or category shall be authorized and confirmed by the same authority authorized to grant appointments, subject to compliance with the requirements and conditions set out in the regulation of this Law. ARTICLE 8o O Staff shall have the duties and rights set out in this Law and its regulations, which shall:

1.- He'll be forced to:

(a) Maintain the secret above all that is known or known for its functions; to keep fidelity and loyalty to the Homeland, the agency and the performance of its functions.

(b) Serve services at the places and times you are ordered including risky activity.

(c) To provide personal service, fully and efficiently, by performing with the maximum of its capacity, diligence and full dedication, of which the same authority may be exempted from granting appointments, and is exclusively to dictate professorships in universities and/or to exercise the profession, being a university degree holder, or to study to improve their performance at work; provided that this does not diminish their statutory duty shift.

(d) Recognize two unique situations of magazine: activity or inactivity; being given the antiquity for the time computed in situation of activity.

(e) To accept that given the specialized characteristics of the tasks performed by the members of the different categories and sub-quarters, this does not determine precedence by itself, being given by the functions performed by the staff and not by the categories that reach it (solution).

(f) Not affiliated with the political party, not participating in such activities, nor professing or linking to organizations, sects, movements, loggias or groups that sustain or advocate against principles of freedom and democracy, in accordance with the regime established by the National Constitution, and respect for the fundamental institutions of the Argentine Nation.

(g) Do not use any information or background obtained in the agency, for any purpose other than it, do not link commercially or "ad-honorem" with particular agencies dedicated to: commercial information, private research, advertising, journalism, market studies, surveys, surveillance and/or security.

(h) Request authorization to enter into a link, informing in advance not less than sixty (60) days, the full affiliation of the future spouse, which will be granted provided that the spouse meets the requirements of the rules of counterintelligence.

2.- You shall have the right to:

(a) To retain their employment while maintaining their good conduct, physical capacity and competence to perform it. In the case of special convocation by some Armed or Security Force, the vacancy shall be reserved to you provided that it retains its aptitude to reintegrate.

(b) To go to another table or sub-frame, to perform tasks in accordance with its possibilities, under the conditions set out in the regulation of this Law.

(c) Free health care in cases of illness or accidents occurring in acts or acts of service.

(d) Ordinary annual leave to facilitate their compulsory rest and the special licenses for the care of their health, as well as, upon request, the extraordinary licenses established in the regulation of this Law.

(e) Retirement benefits established under the existing regime for the Federal Prison Service staff.

(f) Ascense, which shall occur whenever there are vacancies, between staff who have fulfilled the minimum time in the category, as set out in Annex I to this Law, and other conditions determined by its regulation. The promotions shall be only at the highest immediate level, on the date of the first day of the corresponding fiscal year, and by the same authority authorized to grant appointments, subject to the corresponding advice of the Qualifications Tribunal.

(g) Interposing a claim, when it considers that the penalty imposed on it is the result of an error or excessive, with respect to the fault committed, or when the administrative procedure applied, creates it illegal or unfair, or is entitled to a right or benefit established by this Law and its regulation.

ARTICLE 9o O Please note that for the ten and six (16) categories of established personnel, the scale of remuneration set out in Annex 2 of this Law, expressed in unmovable percentages on the total of the "base remuneration", which is understood by the latter as the category In. 1, without any bonus or supplement. ARTICLE 10. As a "base survey" see the same sum as the one determined by the Secretariat of State Information for its staff, which in case of variations will be automatically updated, until reaching that level. ARTICLE 11. For compensation, vials, passages, charges and expenses of burial and mourning, staff shall enjoy the assignments that in each case determine the regulation of this Law. ARTICLE 12. Please note that the following additional bonuses, for the civilian staff covered by this Act, without distinction as to category, are expressed by hundreds of the remuneration that each person is entitled to in his or her category; except for the family salary and family allowance, which shall be settled in accordance with the current national law for all civil service personnel.

1) University degree bonus: 10% (10%).

(2) For permanent street tasks: ten percent (10o%).

(3) By function of office and increased responsibility, by resolution of the same authority empowered to grant appointments, for holding posts in the organizational structure:

(a) Directors or equivalents and deputy directors or their equivalents: fifteen percent (15%).

(b) Chiefs of Division, section or task forces: 10 per cent (10 per cent).

(c) Department, Division, Section or equivalents: 5 per cent (5 per cent).

ARTICLE 13. The staff will also enjoy bonuses for "antiquity" and "minimum time" which will be paid as follows:

(1) Per antiquity: 0.3 (zero three percent) of the "base survey", liquidated monthly for each year of service rendered and computed in the organism.

(2) Due to "minimum time fulfilled": the staff declared fit for promotion will be liquidated and will not ascend due to lack of vacancy: the thirty percent (30%) of the increase that would have meant the promotion, while remaining in that situation.

ARTICLE 14. The agent ceases to function (below the agency), by decision of the same authority authorized to grant appointments, in the following cases:

(a) Failure to comply with the requirements set out in Article 6 of this Law, paragraph 2.

(b) Renunciation.

(c) Health reasons, after exhausting the regulatory facilities of this Law.

(d) Reasons for disciplines, prior to information; may become a cessation or exoneration, depending on the seriousness of the absence with the prior advice of the Disciplinary Council, which shall be constituted in accordance with the provisions of the regulation of this Law.

(e) Failure.

ARTICLE 15. Any infringement of the regime established by this Law and its regulations constitutes a criminal, civil or administrative offence.

1.- For criminal or civil liability cases, the relevant provisions of supplementary codes and laws are governed.

2.- For cases of administrative liability, "corrective" or "expulsive" sanctions are applied, depending on the severity of the fault.

(a) Corrective sanctions are: notice, or suspension of employment.

(b) Expulsive sanctions are: cessation or exoneration.

ARTICLE 16. The corrective sanction of aperceivement consists of points to be deducted from the qualification in conduct, while the corrective sanction of suspension of employment consists of not charging or working for a number of days, having to review inactivity while the penalty lasts. ARTICLE 17. Expulsive sanctions are imposed: in cases of a cessation, by the same authority authorized to grant appointments, and in cases of exoneration, by the National Executive. ARTICLE 18. The disciplinary and corresponding enumeration of faults and sanctions shall be established in the regulation of this Law, considering the duties and limitations already expressed. ARTICLE 19. The staff members of the Service shall be charged by public budget line, although the staff in the "C" table shall be placed on a separate table, using a cover name. ARTICLE 20. The Federal Prison Service is empowered to agree with its own retirement box and with the National Savings and Insurance Fund (State Insurance), the most appropriate regime for the discount of retiree contributions and life insurance premiums, in a manner compatible with the secret to be observed in the identity of the staff in the "C" category, (C-1" and "C-2"). ARTICLE 21. This Law shall enter into force on May 1, 1973. ARTICLE 22. Please note during the term of TREINTA (30) days from the date of the sanction of the present, to the National Director of the Federal Prison Service, to make the necessary designations to cover the charges of the necessary organizational structure to the Federal Prison Intelligence Service, without subject to the rules (Articles 3, 5, and 6 of this Law) that regulate the entry to the different categories and categories. ARTICLE 23. The present Law is of character "SECRETO". ARTICLE 24. Sign up and arch at the National Directorate of the Federal Prison Service.


Annex 1