Agricultural Emergency State Of Disaster - Declaration (Good Air) - Full Text Of The Norm

Original Language Title: EMERGENCIA AGROPECUARIA ESTADO DE DESASTRE - DECLARACION (BUENOS AIRES) - Texto completo de la norma

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AGROPULARY EMERGENCY Law 26.511 Determine a zone of disaster and agricultural emergency in various districts of the Province of Buenos Aires for the effects of drought. Posted: August 20, 2009 Partially promulgated: August 24, 2009

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. Strongly sanctioned by law

DECLARATION OF AGROPULARY DISASTER AND EMERGENCY ZONES IN DIVERSAL DISTRICTS OF THE PROVISION OF GOOD AIRES BY THE EFFECTS OF THE SEQUIA

ARTICLE 1 Declárese area of agricultural disaster due to drought, for the time limit of CIENTO OCHENTA (180) days from the promulgation of the present law, extended by the Executive Branch, to the area composed of the districts of Adolfo Alsina, Bahía Blanca, Benito Juárez, Coronel Pringles, Coronel Rosales, Coronel Suárez, Daireaux, General Lamadrid, Gonzales ARTICLE 2 Declárese area of agricultural emergency due to drought, for the period of CIENTO OCHENTA (180) days from the promulgation of the present law, extended by the executive branch, to the area composed of the districts of Rivadavia, Trenque Lauquen, Pehuajó, Hipólito Yrigoyen, Carlos Casares, Carlos Tejedor, Bolívar, Alvear, Tapalqué Article 3 Please enable the Executive Branch to implement through the Federal Public Income Administration (AFIP) special payment plans for responsible agricultural producers whose farms are located in the districts set out in Articles 1 and 2. These plans should include:

1. For the districts specified in Article 1: extension of the expiration of tax obligations and/or contributions to social security during the period of the declared state of disaster and until SEIS (6) months completed; financing of the obligations and/or contributions due to the date of promulgation of this law in until CIENTO VEINTE (120) monthly contributions with an interest not exceeding the CERO COMA SETENTA and CINCO

2. For the districts set out in Article 2: extension of the expiration of tax obligations and/or contributions to social security during the period of the declared state of emergency; financing up to SESENTA (60) monthly contributions with an interest not exceeding the CERO COMA SETENTA and CINCO per CIENTO (0.75%) of the obligations and/or contributions due to the date of promulgation of the present law;

ARTICLE 4 Agricultural production originated in the districts set out in Article 1 shall be exempt from the application of export rights while the declaration of disaster lasts, and agricultural production originated in the districts set out in Article 2 shall be exempt from the CINCUENTA BY CIENTO (50%) from the existing export rights liquors while the declaration of emergency lasts. ARTICLE 5o Please provide the Executive Branch with special measures to refinance the obligations of affected agricultural producers through the Bank of Argentina. ARTICLE 6 Please enable the Executive Branch to restructure the budget items necessary to comply with this law. ARTICLE 7 Commend the Executive Branch with the expansion of funds for the coverage of social plans during the period of the emergency declaration and in the geographical area of the declaration, as well as the adoption of measures to preserve and restore production and employment relations. ARTICLE 8 Except for agricultural producers whose farms are located in the municipalities specified in articles 1 and 2o, until NOVENTA (90) working days after the end of the period established in those articles, respectively, of the application of the penalties provided for in Law 25,730. Article 9 The provisions of this Act shall be implemented within the TREINTA (30) days after its promulgation, and shall apply additionally to those provided for in Law 22.913. ARTICLE 10. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH OF AUTHORITY OF THE YEAR.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Marta A. Luchetta. . Juan H. Estrada.

AGROPULARY EMERGENCY Decree No. 1128/2009 Obsérvase y Promúlgase la Ley No 26.511.

Bs. As., 24/8/2009

VISTO the Bill registered under No. 26.511, sanctioned by the HONORABLE CONGRESS OF NATION on 20 August 2009 and

CONSIDERING:

That according to the bill is declared a zone of agricultural disaster due to drought, for the period of CENTO OCHENTA (180) days, extended by the NACIONAL EXECUTIVE PODER, to the area composed of the districts of Adolfo Alsina, Bahía Blanca, Benito Juárez, Coronel Pringles, Coronel Rosales, Coronel Suárez, Daireaux, General Lamadrid, Go

Que, además, declares zone of agricultural emergency due to drought for the period of CENTO OCHENTA (180) days, extended by the NATIONAL EXECUTIVE PODER, to the area composed of the districts of Rivadavia, Trenque Lauquen, Pehuajó, Hipólito Yrigoyen, Carlos Casares, Carlos Tejedor, Bolívar, Alvear, Tapalqué, Ovar

Article 4 of the Draft Law provides that agricultural production originated in the districts mentioned in the former is exempt from the application of export rights as long as the declaration of disaster lasts; and for the agricultural production of the districts mentioned in the latter considering the exemption to CINCUENTA BY CIENTO (50%) from the existing export rights liquors while the emergency declaration lasts.

That the article does not have any benefit, since agricultural production is not taxed with export rights, being an activity that is not taxed with the tribute. Export rights rest on the export of goods when physical transfer occurs, when they cross the border to another country.

That by demonstrations of the Deputies, it is known that the parliamentary agreement between the various blocks was, in any case, to exclude from the approved emergency statements any reference to specific funds or determinations of budgetary allocations and/or tax benefits that are not fully consistent with the content of the draft law on the prevention and mitigation of emergencies and agricultural disasters.

As different sources mark, this article was added by mistake.

That such an error in the parliamentary sphere, which had an impact on different media, cannot be misused to draw personal or party advantages. Taking advantage of other errors can be an expression of "political ideology," but trying to mobilize producers in defense of an article of a law that clearly contradicts parliamentary agreements that gave framework to their approval is an act of "political bias" and "bad parliamentary faith".

That much less can take advantage of that mistake to carry out elusive manoeuvres. In this sense, the recent expression of Mr. Néstor ROULET (Vice-President of CRA) does not seem to be timely, who said, "If the arrests go down to the districts of the Province (of Buenos Aires), we sell everything out and ready" (Page 12, 22 August 2009).

On the other hand, the exemption granted in article 4 to the districts included in the drought declarations provided by the sanctioned norm is unreasonable, since the export capacity of agricultural raw materials would be limited as a result of the climatic inclements contained in the same rule. If there was a drought or disaster affecting production, it is not possible that there are surplus production for export.

That also, if the purpose given was to benefit producers at the time of marketing their production, the norm is inappropriate, as the measure as it has been given would, almost exclusively, benefit the exporters currently disposed of the product.

That the law would also enter into force from the promulgation of the same and by the time limit of CENTO OCHENTA (180) days, so that it would not be attending producers who have suffered the consequences of the drought, but would be granting a benefit for the next marketing of the harvest, without having an appropriate mechanism to identify which producers it refers.

That, in the same sense, it is impossible to discriminate in the plants of collection, ports and industrial plants, the effective origin of the production. The case could be given that the production was intended by the buyer to the domestic market (the reason why it would not recognize the producer of the reduction of the retention level) and that the supporting documentation of that purchase would be used to export grains of another origin making it difficult to detect the manoeuvre.

That an elusive manoeuvre could thus be generated by agricultural producers who produce raw materials in other districts, declare that the production comes from the area that would enjoy the exemption, as the statements quoted are blatantly suggested.

That, in short, the factual issues of parliamentary order are added to the inconsistencies and inconsistencies of the norm with the very notion of disaster or agricultural emergency, amen of the operational impossibility and the strong risk posed by its possible use for the purpose of tax evasion, which the observation advises.

Accordingly, it is appropriate to observe article 4 of the Bill registered under No. 26.511.

That, by their nature, contributions to social security cannot be included in such standards. In that order, mentions should be made of contributions to social security in article 3, paragraphs 1 and 2, of the Bill registered under No. 26.511.

That the Bill registered under No. 26.509 establishing the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters provides in its article 34 for the repeal of Act No. 22.913, the additional application of which is provided for in article 9 of the Act.

That the proposed measure does not alter the spirit or unity of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That the present is dictated in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by Article 80 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 Note the phrases "and/or contributions to social security" and "and/or contributions" contained in article 3, paragraphs 1 and 2, of the Bill registered under No. 26.511. Art. 2o Note article 4 of the Bill registered under No. 26.511. Art. 3o Note in article 9 of the Bill registered under No. 26.511, the phrase ", and apply additionally to those provided for in Law 22.913." Art. 4o With the salvedades set out in the preceding articles, please fill in, promute and tengase by the National Act the Bill registered under No. 26.511. Art. 5o Note the Permanent Bicameral Commission of the HONORABLE CONGRESS OF NATION. Art. 6th Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. . KIRCHNER FERNANDEZ. . Julio C. Alak. Amado Boudou. . Alicia M. Kirchner. . Carlos A. Tomada. . Alberto E. Sileoni. . José L. S. Baranao. . Débora Giorgi. Aníbal F. Randazzo. . Nilda C. Garré. . Julio M. De Vido.