Nuclear Activity Activities That Will Enable The Extension Of The Life Of The Reservoir Nuclear Power Plant. - Full Text Of The Rule

Original Language Title: ACTIVIDAD NUCLEAR ACTIVIDADES QUE PERMITAN CONCRETAR LA EXTENSION DE LA VIDA DE LA CENTRAL NUCLEAR EMBALSE. - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACTIVITY NUCLEAR Law 26.566 Please describe in national interest the activities that allow the extension of the life of the Embalse Nuclear Center. Posted: November 25, 2009 Cast: December 17, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Deplore national interest the activities of design, construction, licensing, acquisition of goods and services, assembly, commissioning, demonstration, reception and commissioning of commercial service, of a fourth central of one or two nuclear power modules to be built in the Argentine Republic and all the necessary acts that will enable the realization of the life extension of the Embalse Nuclear Power Center, entrusting to Nucleoeléctrica Argentina Anón ARTICLE 2 Explain to Nucleoeléctrica Argentina Sociedad Anónima (NASA) the payment of all taxes that tax the import for consumption of the goods for the works referred to in Article 1 of this Law, except the Tax on the Added Value, in which respect the treatment provided for in the second to fifth paragraphs of this Article shall apply.

Nucleoeléctrica Argentina Sociedad Anónima (NASA) may request the advance return of the Tax to the Added Value that has been invoiced for the purchase, manufacture, processing, or definitive importation of goods ,except cars, as well as for the locations of works and/or services, including the benefits referred to in article 1 (d) of the Law of the taxation, only when such services have passed Such accreditation or return shall proceed to the extent that the amount of the same has not been absorbed by the respective tax debits originated by the development of the activity of Nucleoeléctrica Argentina Sociedad Anónima (NASA).

The regime established in the preceding paragraph shall not apply when at the time of accreditation or return, as appropriate, the assets do not integrate the heritage of Nucleoeléctrica Argentina Sociedad Anónima (NASA).

The accreditation provided for in this regime may not be carried out against obligations arising from the substitute or solidarity liability for third-party debts, or from the performance of Nucleoeléctrica Argentina Sociedad Anónima (NASA) as a retention or perception agent. Nor will the reference to tax credits be applicable for the financing of funds with specific impact or social security resources.

For the purposes of this regime, the Attached Value Tax corresponding to the investments referred to in this article shall be charged against tax debits once the remaining tax credits related to the encumbered activity are computed.

The fiscal treatment set forth in this article will remain in force to the extent that the ownership of Nucleoeléctrica Argentina Sociedad Anónima (NASA) is maintained in the hands of the National State or agencies covered by Article 8 of Law 24.156 on Financial Administration and the National Public Sector Control Systems.

The national executive branch shall issue such rules as may be necessary for the proper control of the destination of the elements, materials, spare parts and import services linked to the works specified in Article 1 of this Act.

Article 3 Explain to trustees whose creation is authorized by this rule of all national taxes, including the Attached Value Tax and internal taxes. ARTICLE 4 The specialized personnel of foreign nationality entering the country contracted by Nucleoeléctrica Argentina Sociedad Anónima (NASA) or by their contractors and suppliers of goods and services for the sole purpose of providing services in the works referred to in Article 1 of this Law, shall be considered non-resident for the purposes of the Taxation Act (T.O. in 1997 and its amendments), for the period not to be exceeded,

Please refer to the National Executive Power to extend for the sole time and for a maximum period of up to forty-eight (48) months, the deadline set out in the preceding paragraph.

Income on fees and/or salaries of persons specified in the first paragraph of this article for their performance in the works referred to in article 1 of the present Act shall be exempt from the Imposition on Gains. The waiver shall proceed provided that the beneficiary performs exclusively in the aforementioned tasks.

Payments made by Nucleoeléctrica Argentina Sociedad Anónima (NASA) or trustees authorized by this norm shall also be exempt from the Winners ' Tax, to the beneficiaries of the outside no covered by the preceding paragraphs diseño, for design, development, testing, commissioning and any other benefit related to the works or works specified in Article 1 of this Law.

ARTICLE 5o Please extend to four (4) years, in respect of the staff indicated in the first paragraph of the preceding article, the time limit set out in article 4 of Law 24,241.

Please provide the National Executive Branch with a single extension of the period specified in the preceding paragraph for a maximum period of up to four (4) years.

ARTICLE 6 Authorize the creation of a trust for the construction of a fourth nuclear power plant with one or two modules in the Argentine Republic and a trust for the extension of life of the Nuclear Central Embalse, empowering itself to this end to Nucleoeléctrica Argentina Sociedad Anónima (NASA) to conclude the contracts that are necessary with the national public financial entities whose selection will be made according to the Federal Ministry of Planning ARTICLE 7 Trusts created by the preceding article may be composed of:

(a) The contributions of the National Treasury in accordance with the annual provisions assigned by the National Administration General Budget Act;

(b) Resources from credit operations in the domestic or external market, for which purpose it may be appealed to the most appropriate financial means, subject to the provisions of Acts 19,328, 24,156 and 24,354, as soon as they are not amended by this Act;

(c) The resources of Nucleoeléctrica Argentina Sociedad Anónima (NASA), those from special laws and those that are specifically allocated to Nucleoeléctrica Argentina Sociedad Anónima (NASA) in order to cover the differences between the investments to be made and the resources from subparagraphs (a) and (b);

(d) Legacy or donation income; and

(e) Funds provided by international agencies or non-governmental organizations.

ARTICLE 8 The national executive branch shall establish a special regime of customs control and place of office, for the introduction by sea, river, land or air of the elements related to the works referred to in article 1 of this Act. Article 9 Disclaimer of public utility and subject to expropriation of the properties and other goods that are necessary for the construction, conservation and exploitation of the works of a fourth central of one or two nuclear power modules. The national executive branch will individualize the assets to expropriate with reference to descriptive planes, technical reports and other sufficient elements for their determination and authorize Nucleoeléctrica Argentina Sociedad Anónima (NASA) to promote the respective expropriation trials and to take possession of the expropriated property. ARTICLE 10. The date of the year 2002 by Nucleoeléctrica Argentina Sociedad Anónima (NASA) necessary for the total execution and commissioning of a fourth centre of one or two modules of energy of nuclear source and for the extension of life of the Central Nuclear Embalse, are governed by the regulations and principles of private law, so that the provisions of the Act 19,549 of Administrative Procedures and its amendments shall not be applied. ARTICLE 11. Please provide the national executive branch with the necessary measures to implement, in a manner consistent with the requirements of the projects referred to in article 1 of this Act, alternative mechanisms of the regime established by Act No. 25.551 for the recovery and development of local suppliers and contractors capable of being employed in the implementation of the activities defined in article 1 of this Act. ARTICLE 12. With the Embalse Nuclear Power Station and the fourth nuclear power plant with one or two nuclear power modules for electricity generation under national jurisdiction, articles 1o, 6o and 12 of Act 15,336 are implemented. As a result, the seal tax or any other of a similar nature established by a local authority that seriously implements the acts and contracts to be held by Nucleoeléctrica Argentina Sociedad Anónima (NASA) with its contractors or suppliers of goods or services, and the tax on the gross revenues on the invoice issued by those subjects to Nucleoeléctrica Argentina Sociedad Anónima (NASA) hinders the production of

Rates and improvements by local law enforcement services will be applicable as long as they are repaid through reasonable contracting of services required and effectively rendered and are not exceeded by similar services or improvements provided or supplied by Nucleoeléctrica Argentina Sociedad Anónima (NASA) or entities under federal jurisdiction.

ARTICLE 13. In the assessment of the legal acts linked to the activities of Article 1 of the present law which are aimed at the transfer or licence of technology, the National Institute of Industrial Property, a decentralized agency within the framework of the Ministry of Industry, Trade and Small and Medium Enterprise, or the authority that replaces it, the information that Nucleoeléctrica Argentina (Anón) produced in each case will be a determining factor. The contracts concluded by Nucleoeléctrica Argentina Sociedad Anónima (NASA) will be automatically registered in the aforementioned Institute. ARTICLE 14. The projects listed in Article 1 of this Law shall be subject to the control of the General Assembly of the Nation in the terms of Act No. 24,156, which requires the national executive branch to establish the guidelines and conditions for assessing the reasonableness of periodic information on the physical and financial advancement of the works listed in Article 1 of this Act. ARTICLE 15. Exempt the regime established by this law to the execution of the works aimed at the completion of the construction, commissioning and operation of the Atucha Nuclear Power Plant II, the project of the extension of life of the Atucha Nuclear Power Plant, and the construction of any other nuclear power station entrusted to Nucleoeléctrica Financiero Sociedad Anónima (NASA) ARTICLE 16. Deploy national interest and commend the National Atomic Energy Commission (CNEA) for the design, implementation and implementation of the CAREM Reactor Prototype to be built in the Argentine Republic. The National Atomic Energy Commission (CNEA) is also mandated to undertake all scientific and technical support, and the strategic technological developments and innovations required to meet the objectives set out in article 1 of this Act. ARTICLE 17. Exempt the regime established by this law and the benefits it gives to the National Atomic Energy Commission (CNEA) for the construction and implementation of the CAREM project as long as the project remains under the orbit of the said agency, empowering the latter to conclude the contracts that are necessary with Nucleoeléctrica Argentina Sociedad Anónima (NASA). ARTICLE 18. The provisions of this Act shall enter into force on the day of its publication in the Official Gazette and shall be effective for the impossible facts that are perfected from the first day of the month following that of the publication. ARTICLE 19. The national executive branch shall regulate this law within ninety (90) days after its promulgation. ARTICLE 20. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL NEW.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.