Go to the updated text

ECONOMIC EMERGENCY Decree 1755/90 Establish a general regime to determine, verify and reconcile the amount of the individual ' s aggravations and debts with the National State as at 30 June 1989.

Bs.As., 5/9/90

VISTO Article 36 of Law No. 23.697 and

CONSIDERING

That the above-mentioned legal provision empowers the NATIONAL EXECUTIVE POWER to establish a system of compensation of credits and debts of individuals with the National State and to cancel its net balances, seeking the determination and regularization of existing relations and their sanitation for the recovery of the productive apparatus.

That it is the Government ' s purpose to establish an agile and efficient mechanism for achieving the objectives of Chapter XIV of that Law.

That the present decree is issued in the use of the emerging powers of Article 86, paragraphs 1 and 2 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Establish a general regime to determine, verify and reconcile the amount of the individual ' s claims and debts with the National State as at 30 June 1989, in order to proceed to its cancellation by compensation, payment, or any other form of cancellation to be agreed, with refinancing or novations in accordance with the terms of Article 36 of Law No. 23.697. Art. 2° It is covered by the concept of the National State, the Centralized and Decentralized National Civil Service, Autonomous entities, State companies, State societies, anonymous companies with state-owned capital, mixed economic societies, special account services, banks and official financial institutions and any other entity in which the National State has full or majority share of capital or in the formation of corporate decisions. The MUNICIPALITY OF THE CIUDAD OF GOOD AIRES is included. Art. 3rd Any natural or legal person who has credits or debts to the National State as at 30 June 1989 is covered by this particular regime.

The Authority of Implementation may exclude from the scope of this decree, by dictating "expressive resolution" of a general nature, those cases in which, because of its amount or entity, the application of the regime instituted here is not considered relevant.

Art. 4° The MINISTERY OF ECONOMY through the HACIENDA SUBSECRETARIA will be the Authority of Implementation of the present regime and will appoint as the General Coordinator an official with rank not less than the National Director or General category VEINTICUATRO (24) who will be responsible for the administration, execution, supervision and control of the compensation system.

Each jurisdiction to intervene in the system shall assign coordinating functions to a staff member at a level not less than VEINTICUATRO (24), who shall be responsible for meeting the objectives within the area of his or her competence, collaborating in all with the General Coordinator, in accordance with the rules to which they are determined.

Where the participation of the Directorate-General of the State Bar Corps is required, it may provide that the latter is implemented through the legal services or advice relating to the jurisdiction in question.

Art. 5° This regime shall be applied in stages:

(a) The first will determine and reconcile debits and credits between the National State and individuals, resulting in the immediate compensation of the full right of debts and mutual, legal and enforceable increases.

Where legal compensation is not feasible, in the absence of any of the requirements established by the Civil Code, agreement may be reached by parties for the determination and reconciliation of debits and reciprocal credits.

(b) The second phase will proceed to propose and conclude agreements to cancel the net balances resulting from the first phase, for which modalities and payment periods may be established through refinancing and novices.

Art. 6° The Implementation Authority on the proposal of the General Coordinator shall:

(a) dictate the rules governing the functioning of the system of compensation and cancellations by supplementing those established by this decree.

(b) Setting deadlines and requirements to which the procedures to be followed will be adjusted.

(c) To register and reconcile the amount of debits and credits that are incorporated into the regime in accordance with this decree.

(d) establish, in the event of the absence of legal or contractual rules, in general or in particular, payment plans indicating number of assessed contributions, minimum amounts, updating regime and/or interest.

(e) issue credit certifications for net balances under Article 3 (b) above, which shall be sufficient title to initiate actions leading to recovery.

The preceding statement is not taxative, and the Applicable Authority is empowered to perform the necessary acts in time and form to perform the functions entrusted to it, as well as to request any information that it deems necessary to the agencies involved and individuals and to accept or deny special payment plans.

Art. 7° Individuals who fall within the present regime and the entities of the National State shall be obliged to declare, within the time limits and with the formalities established by the Authority of Implementation pursuant to Article 6 of this Decree, the debits and reciprocal credits corresponding to legal, enforceable and expired obligations as at 30 June 1989, even if they had not been cancelled at the date of publication of this Decree. Art. 8° A similar obligation as provided for in the previous article shall, on a general basis, be submitted to the State in question to the respective affidavits of credits and debts referred to in Article 1 of this decree, any natural or legal person each time, from the date of publication of the present and during the time period established by the authority of application, must submit to the State or to any of the entities defined in Article 2 Each entity receiving the respective affidavits shall immediately send a copy thereof to the general coordinator. Art. 9. When the amounts of the receivables and debts referred to in the present decree have not been reconciled by the individuals and entities of the national State concerned, in the form and time frames determined by the Authority of Implementation pursuant to Article 6, the latter shall carry out the relevant actions with a circumstantial report to the General Coordinator, which shall ensure that the parties arrive at conciliatory solutions. If, within the time limit established for that purpose, no agreement is reached, the Coordinator-General shall elevate the proceedings to the Authority of Implementation, which shall determine the amount that unquestionably meets the conditions required for the origin of the legal compensation which shall be incorporated into this regime. When the remainder is a balance in favour of an entity of the National State, it will initiate judicial action to obtain its recognition and payment, directly. If the remainder is a balance in favour of a particular, it will be free to manage it by the means it deems appropriate to use.

The Authority of Implementation shall communicate its resolution to the jurisdictional authority of the respective entity.

Art. 10° In the event that credits and debts are located within the same agency or jurisdiction of the State, the administrative and negotiation process prior to the intervention of the Implementation Authority shall be carried out in this area, each agency having the authority to establish its own working methodology, and in all cases must observe the following basic principles:

(a) Minimum administrative procedure.

(b) Quick and clear implementation.

(c) Transparency of procedures.

(d) Intervention of the highest authority, by itself or by delegation, in the resolute aspects of the negotiation.

Art. 11° In the event that the agencies of the State concerned do not provide the necessary information to initiate or continue the compensation procedure established by this decree, the General Coordinator shall intimate them so that in the perennial period of QUINCE (15) days they shall comply with such obligations.

If non-compliance persists, the Authority of Implementation shall appeal to the Minister or Undersecretary or Secretary of the Presidency of the Nation of the jurisdiction in question, so that within the period of QUINCE (15) days it shall comply with the request.

Upon expiration of these deadlines, the Applicable Authority shall directly address the analysis of the affidavits submitted by the individual on the status of receivables and debts, by adopting it in a partial or total manner, and may suspend the course of the payment or delivery of the payment or delivery of the benefit to that State entity and discontinue the process of budgetary readjustments, granting of guarantees and any unqualified action before the entement The non-observance of the above-mentioned obligations will constitute a serious lack of the officials or agents involved and will lead to the implementation of the relevant sanctions.

Art. 12° Cancellation of net balances in favour of the State shall be governed by the existing legal or contractual rules: in the absence of such balances the General Coordinator shall disclose the various payment and/or financing schemes, among which individuals shall choose within the time limit set forth in the rule to be issued. Art. 13° Individuals who may not fall within any of the plans referred to in the previous article will propose special alternative plans, requesting the General Coordinator to include them through a well-founded presentation. If accepted by the Implementation Authority, they shall be completed and approved within appropriate time limits. In the event that this deadline is not accessed, the Authority shall issue the certification of the balance, which shall be sufficient for the National State entity, directly or through the Implementation Authority, to initiate actions leading to its recovery. Art. 14th The enforcement authority shall complete the tasks provided for in Article 1. 36 of Act No. 23,697 before 31 December 1990 and may request extension for substantial reasons to the NATIONAL EXECUTIVE PODER. Art. 15° . Invite provinces that have dictated regimes similar to that established in Article 36 of Law No. 23.697, to adopt compensation systems similar to the present. Art. 16° . Note the HONORABLE CONGRESS of NATION in compliance with Article 91 of Law No. 23.697. Art. 17° Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM . Antonio E. González.