Key Benefits:
Bs. As., 13/3/89
VISTO the provisions contained in Decree No. 2.048 of 22 December 1987, as amended by its similar No. 34 of 11 January 1988 and Decree No. 561 of 4 May 1988, and
CONSIDERING:
That the decrees set forth a procedure to produce a normative redefinition in the field of the National Civil Service, with the aim of accelerating the management of government and removing obstacles to its actions.
That, on the basis of this, the various areas of the Central Administration, decentralized agencies, State enterprises and other indigenous entities have brought to the SECRETARIAT OF THE PUBLIC FUNCION OF THE NATION PRESIDENCE proposed derogation and replacement of standards, in accordance with the mechanisms and timetable envisaged.
The suggestions sent by representative entities of private activity, linked to the production of goods and services, were also addressed.
That the proposal received a strong commitment on the part of the latter, manifested through a considerable number of initiatives aimed at facilitating their work in relation to their efforts with the State.
That the complexity and importance of a certain number of proposals required, in some cases, the establishment of work teams and, in others, the extension of the agreed deadlines.
That, however, a first stage has been established in the policy review procedure provided by the decrees Nros. 2.048/87 and its modulatory and 561/88, whose leadership and coordination have been assigned to the SECRETARIAT OF THE PUBLIC FUNTION.
That, consequently, this measure falls within the framework of the actions promoted by the National Government to contribute to the process of modernizing the State, through a new regulatory reordering mechanism, whereby the Administration itself must continue to produce the necessary adjustments to simplify its management.
It is appropriate to have the necessary arrangements for all proposals submitted under the Decree No. 2.048/87, which meets the objectives sought by this rule, accelerates the dictation of the relevant administrative act, avoiding delays that may devise the purposes that inspired the aforementioned regulatory review procedure.
That the dictation of the present measure fits into the powers conferred by article 86, paragraphs 1 and 2 of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 ! Replace Article 6 of Decree No. 2.004/80, which regulates Act No. 22.117, with the following:"Article 6 Cuando When at the discretion of the Director General of the NATIONAL REGISTRATION OF REINCIDENCE AND STATISTIC CRIMINAL acknowledges the legitimate interest referred to in article 8 (f) of Law No. 22.117, shall order the issuance of the corresponding certificate, which shall be used within CINCO (5) days of receipt by the person concerned. The expiry of the certificate issued shall be operated upon. The certificate must be required by the person concerned personally or through his or her legal representative."
Art. 2o Replace Article 5 of Decree No. 1.547/78 with the following:"Article 5 El The respective payment will be credited by the presentation of the copy of the deposit box. The lack of payment of the fee will not prevent the course of the proceedings before the agency, which will verify the non-compliance of this obligation after registration".
Art. 3o Modify the Consular Regulations approved by Decree No. 8,714 of 3 October 1963 as follows:(a) Replace article 223 with the following:
"Article 223.. Consular officials are authorized to authenticate the signature of documents to be effective in the Republic, except the provisions of the 1961 HAYA Convention on the Suppression of Legalization of Public Documents and Annex, ratified by Law No. 23.458 and in force since 18 February 1988. They must take into account, for these purposes, that our legislation enshrines the principle of the right to have the form and solemnities of public instruments governed by the laws of the country that grants them."
(b) Replace article 316 with the following:
"Article 316.. For the purposes of the previous article, maritime documentation is made up of the following documents: Manifestos and their letters of correction, knowledge, certificate of deratization, certificate of health, certificate of vessel in lastre and any other relative to the ship and its cargo, which shall be subject to consular intervention in cases where the provisions in force require it."
(c) The requirement of the consular visa procedure in the Rol Book of Tripling, in the procedures established in articles 316, 326, 328 and concordants of the Consular Regulations, approved by Decree No. 8,714 of 3 October 1963, shall be waived without effect.
Art. 4o Decree No. 789 of 21 April 1982. Art. 5o Amend Decree No. 3.848/84, as amended by its similar Decree No. 2.008/86, as follows:(a) Insert as the last paragraph of Article 6 the following text:
"Without prejudice to the automatic moratorium referred to in the first paragraph and to the provisions of article 7, before the expiry is contemplated there, the enforcement authority of Law No. 19,798 (SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWORKS AND PUBLIC SERVICES), shall claim payment of due in a fruitful manner, making known the scope of articles 7 and 7".
(b) Incorporate the following text as article 1(30):
"30) For the inspections and/or prosecutions to be carried out to check the regularization of violations committed by permissionaries of radio stations, a tariff equivalent to CUATRO MIL OCHOCIENTS CINCUENTA AND SEIS (4,856) telephone pulses must be paid."
Art. 6o... Replace articles 14, 24 last paragraph, 30, last paragraph, 41 second paragraph and 56 of Decree No. 91,698/36, as amended by its similar no. 6,222/69, as follows:"Article 14.ículo All services carried out by the missionaries shall be controlled by the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWS AND PUBLIC SERVICES, for which purpose they shall allow the officials who are present to this end such inspections as they deem necessary to carry out the control and control of the public service and to proceed to specify the special facilities in the form and conditions necessary. Such authority shall issue the clearing and procedural rules necessary for the performance of this decree."
"Article 24. ) (last paragraph) Failure to comply with the above will be sanctioned by the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWS AND PUBLIC SERVICES with a fine ranging from the equivalent of UN MIL (1000) to CIEN MIL (100.000) telephone pulses."
"Article 30. 30 (last paragraph) Failure to comply with the above provisions shall be sanctioned by the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWORKS AND SERVICES PUBLICS with a fine, general or particular, in each case, that will range from the equivalent of UN MIL (1000) to CINCUENTA MIL (150.000) telephone pulses, depending on the circumstances and without prejudice to the actions that may be taken by the victims".
"Article 41.) (second paragraph) The lack of compliance with the above provisions will be sanctioned by the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWS AND PUBLIC SERVICES, with a fine that will range between the equivalent of QUINIENTS (500) to CIEN MIL (100.000) telephone pulses for each month after the TREINTA (30) days of notifying the last resolution of the last".
"Article 56.. Violation of the above provisions or non-compliance with the terms of the current regulation permit, which does not have a specific sanction, shall be repressed by the enforcement authority of Act No. 19,798 (SECRETARY OF COMMUNICATIONS of the MINISTERY OF ARTWORKS AND PUBLIC SERVICES) with a fine that will range between the equivalent of MIL CIN000 pulses.
Art. 7o Replace the text of articles 27 and 115 of the Radiocommunication Regulations, approved by Decree No. 21.044/33 and its amendments, as follows:"Article 27.ículo Those who violate the provisions of these regulations that do not have a specific treatment in the legislation on the matter will be punished with a fine that will range between the equivalent of QUINIENTOS (500) to DIEZ MIL (10.000) telephone pulses and/or suspension of the use of the radio stations involved, for a period of up to SESENTA (60) days and/or cancellation CIN (5).
"Article 115.. Radio stations or broadcasting stations (including supplementary services) established without authorization or permission will be considered clandestine. The enforcement authority of Act No. 19,798 (SECRETARY of COMMUNICATIONS of the MINISTERY OF ARTWORKS AND PUBLIC SERVICES) and/or intervening security service shall proceed to adopt any of the following precautions, upon order of search granted by the Federal Judges in cases where it is necessary to: (a) precinct of the equipment and/or for the descent) National agencies should collaborate for the purpose of depositing and/or transferring the kidnapped elements."
Art. 8o Replace Articles 4 and 45 of Decree No. 7.342/65 with the following texts:"Article 4o . Authorized the riff, tombola or bond contribution, the entity shall deposit prior to the circulation of the tickets, the amount corresponding to the CINCO per CIENTO (5%) of the total amount of the issue. This deposit shall be computed by THREE (3%) as a guarantee, which may be integrated into public securities issued in series by the National State or in cash. This amount shall be returned to the entity once it has complied with all the provisions of this decree.
The remaining TWO (2%), which is to be integrated in cash as a rate, shall be used for the formation of a fund to cover the costs required by the Controller of the activities referred to in this Decree.
Deposits that are constituted in cash must be made in the ARGENTINA NATION BANCO, in a current account that will be created to the effect, the respective deposit ballot must be added to the file".
"Article 45. The riffs, tombolas or bonds are authorized to participate in draws, whose applications are filed by entities that do not possess legal status, but who do faithfully fulfill a notorious function of aid to education or promotion and social assistance and provided that the total amount of the issue does not exceed CIEN (100) minimum, vital and mobile salaries. Organizing entities, in these cases, must conform to all other requirements of this decree."
Art. 9th Decree No. 4.706 of 23 June 1966. Art. 10.! The authorities and entities mentioned in articles 1, 6 and 9 of Decree No. 2.048 of 22 December 1987 may, on the basis of the sanction of this decree, elevate the SECRETARIAT OF THE PUBLIC FUNCTION OF PRESIDENCE to the SECRETARIAT. New proposals with identical objectives as provided for in that rule. The procedure to be followed shall be governed by the provisions of Decree No. 2.048/87 and, as appropriate, by the provisions of Decree No. 561 of 4 May 1988, with the following modifications:(a) The time limit of Article 5 of Decree No. 2.048/87 shall begin from the receipt of the proposals, together with the respective Views.
(b) Delete the first paragraph of Article 3 of Decree No. 561/88.
(c) Policy projects will be raised to the LEGAL AND TECHNICAL SECRETARIAT OF PRESIDENCE OF THE NATION, initialed by the Minister of respective area or the Secretary of State, as appropriate.
(d) Faccinate the LEGAL AND TECHNICAL SECRETARIAT OF PRESIDENCE DE LA NATION to provide for the application of management modalities that, like the simultaneous consultation, tend to accelerate the procedure.
(e) THE LEGAL AND TECHNICAL SECRETARIAT OF PRESIDENCE OF THE NATION shall inform the President of the Nation on a monthly basis the status of the projects received, sending a copy of that information to the SECRETARIAT OF THE PUBLIC FUNCION OF THE PRESIDENCE OF NATION, for your knowledge.
(f) SECRETARIAT OF THE PUBLIC FUNCTION OF PRESIDENCE OF THE NATION shall inform the President of the Nation on a monthly basis about the proposals received and their diligence.
Art. 11. With regard to proposals for the derogation, modification or replacement of rules not implemented in the present decree, which were submitted in due course to the SECRETARIAT OF THE PUBLIC OF THE PRESIDENCE OF NATION by the different areas of the Central Administration, decentralized agencies, State enterprises and representative entities of private activity and who deserved express or tacit approval in the terms of article 3, second paragraph of Decree No. 561/88, or an alternative solution, will follow the procedure provided for in the previous article. Art. 12. Add as Annex I to this measure an exposition of the reasons underlying the provisions of this decree, which are developed in the order of the articles that make it up. Art. 13. ! Contact, post, give to the National Directorate of the Official Register and archvese. . ALFONSIN. Dante Caputo. . Juan V. Sourrouille. . José H. Jaunarena. . Ricardo Barrios Arrechea. Rodolfo H. Terragno. Ideler S. Tonelli. . Enrique C. Nosiglia. . Jorge F. Sábato.Annex I
EXPOSITION OF MOTIVES
Article 1 . The validity of the background certificates issued by the National Registry of Reofficement and Criminal Statistics can only refer to the moment in which, from that moment on, any modifications that were produced in the information filed by the official distribution could change the situation of those who require these certificates.
The wording of article 6 of Decree No. 2.004/80 should therefore be amended in order not to mislead the true nature of the document in question.
The modification that is available will also provide greater security in the conduct of those processes in which such documents, issued by the National Registry of Reoffice and Criminal Statistics, are required as a demonstration of the aptitude of those who request it.
Article 2 En On the basis of the provisions of the Decree No. 1,547 of 14 July 1978, the General Inspectorate of Justice of the Nation is authorized to receive, within its jurisdiction, a quota of constitution and an annual fee for the services provided in the exercise of its functions. Pursuant to article 5 of that decree, companies that are not up to date in the payment of the annual fee shall not be able to proceed with the agency.
The application of the rule in question has led to countless claims by the administered ones, to the understanding that it establishes an excessively rigorous sanction. This is an obstacle to the course of the proceedings before the agency, and it is appropriate to keep those procedures independent of the demand for tax credit.
Art. 3 - The legalization of documents by the procedure of successive authentications of signatures of the parts that must have effect from and for the Republic operates for those countries that do not accede to the 1961 HAYA Convention and when the interested parties voluntarily and for different reasons request the certification of the Consul. Circumstances that are not exclusive to the implementation of the 1961 HAYA Convention applicable to countries subject to the Treaty that was ratified by the ARGENTINA REPUBLIC and in force for our country since 18 February 1988.
Act No. 20.094 amended the Trade Code by removing, among others, article 942, which constituted the legal basis for consular intervention in maritime documentation for ship clearance, referring to the Captain ' s Declarations, the Tripling Role and the Passenger List. In turn, Decree No. 4516/73 .known as REGINAVE., a regulation of Law No. 20.094 , on maritime offices, states, in article 205-1-06, the consular intervention referring to the documentation of the civil status of persons or to the cases of protests or maritime accidents, excluding the declarations of the Captain, Rol of Tripling and List of Passengers.
As a result, it is advisable to reconcile the current Consular Regulations approved by Decree No. 8714/63, with the application of the new method of legalization of the 1961 HAYA Convention and the amendments introduced in the service of maritime offices by Decree No. 4.516/73.
Art. 4o - Decree No. 789 of 21 April 1982 was dictated when the circumstances of our external market made it convenient to exercise proper control over the exports of the products that are detailed in the grid annexed to it. The above-mentioned external circumstances have now disappeared.
Furthermore, the warlike and essentially military products that form part of the scheme annexed to Decree No. 789 of 21 April 1982 are reached by article 34 of Act No. 12,709 and Decree No. 1,097 of 14 June 1985.
Attempts for the constant interest of achieving greater efficiency in the action of the National State, it is appropriate to take measures that eliminate administrative procedures, preserving only those that are considered strictly indispensable for the proper administration of public business.
This goal of simplifying government action is of paramount importance in everything related to foreign trade, especially in the real acceleration of its processes.
Article 5 - Under the procedure of regulatory review established by the decrees Nros. 2.048/87 and 561/88 proposals were developed to avoid delays, obstacles or difficulties in the management of matters under the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWORKS and PUBLIC SERVICES.
Article 6 of Decree No. 3484/84, as amended by its similar Decree No. 2.008/86, provides for a delay in the payment of radioelectric duties and tariffs. Article 7 of the said body establishes the automatic expiration of the authorization in the event of CIENTO VEINTE (120) days from the expiration of the period.
It is prudent to notify the permissionaries in a fruitful manner, the scope of the articles discussed prior to the production of automatic expiry and without prejudice to the provisions of those provisions, all in order to raise awareness in those of their situation and to improve the collection of unpaid debts by the concepts in question.
It is also fair and appropriate for the permissionary to pay a tariff for inspections and/or taxation that should be carried out to check the regularization of offences arising from the misuse of radio stations and thus provide for their eventual rehabilitation.
The NATIONAL EXECUTIVE PODER is competent to resolve these amendments in accordance with articles 4 (e) and 158 of Act No. 19,798.
Art. 6 - In order to avoid delays, obstacles or difficulties in the management of matters subject to the area of the SECRETARIAT OF COMMUNICATIONS of the MINISTERY OF ARTWORKS AND SERVICES PUBLICS .authority of application of the National Telecommunication Law No. 19,798. it is necessary to modernize provisions on the matter svigentes under the provisions of article 160 of the law quoted. in relation to the procedure of control of the services provided by public telephone service providers.
In addition, an update of the various sanctions contained in Decree No. 91,698/36 is required, and it is prudent to establish fines in the equivalent of telephone pulses in order to avoid their eventual deterioration in the event of being directly recorded in southern areas.
The NATIONAL EXECUTIVE PODER is competent to dispose of the matter in accordance with articles 4 and 158 of Act No. 19,798.
Article 7 - It is necessary to update the provisions contained in articles 27 and 115 of the Radiocommunication Regulations in order to obtain greater effectiveness in the exercise of the Police Power assigned to the SECRETARIAT OF COMMUNICATIONS which, on the other hand, is the authority to implement Law No. 19,798 (articles 23 and 24).
The modifications will result in a better treatment of the offences that are detected, in accordance with the circumstances surrounding them.
The NATIONAL EXECUTIVE PODER is competent to resolve the matter in accordance with article 158 of the National Telecommunications Act No. 19,798.
Article 8 - On the basis of the authorization of a riff, tombola or bond contribution, the integration of the deposit corresponding to guarantee in public securities, issued in series by the National State, does not prejudice the institutions in their purchasing power.
In addition, when the payment of the fee and the deposit is transferred at the time of the approval of the riff, funds from the entities are not immobilized, which may eventually not be authorized.
On the other hand, it is desirable to eliminate administrative acts that update amounts, replacing the criterion with an objective pattern of immediate application.
Article 9 - Decree No. 4.706 of 23 June 1966 was issued with the aim of explaining the mechanisms by which the accrued assets are assigned to the rights of the extinct, excluding the consideration of creditors for the costs of sepellium and/or assistance involved in the death.
The requirements for the legal and administrative resolution of the allocation of the accruals may be met with the application of the Accounting Act. For this reason, it is appropriate to have the precited Decree No. 4.706/66 repealed.
Arts. 10 and 11.- In view of the continuing needs for regulatory reordering, a procedure is established that, based on the experience gained by the application of the Nros Decrees. 2.048/87 and 561/88 will enable, through the participation of the various jurisdictions with competence in the field, the proper and expeditious resolution, both of the initiatives under way, and of future proposals emanating from the public and private sectors.
