EXTERIOR SERVICE Decree 1202/1990 Amend the regime for the care of the packing and freight costs of the officials of the Foreign Service and personnel of the Ministry of Foreign Affairs and Worship, when they are intended or transferred in accordance with articles 57, 58 and 62 of Act No. 20,957.
Bs. As., 22/6/90
VISTO Decree No. 357 of 18 February 1985 and
That article 58 of Act No. 20,957 provides for officials of the Foreign Service when they are transferred, attention to the costs of packing and freighting their personal effects.
That the regime of Decree No. 357 of 18 February 1985 imposes the necessity of carrying out various bureaucratic procedures, of which it is possible to dispense, with the economy of consequent and without impairment of service.
That a number of countries have resolved the issue by assigning staff members a free administration amount to cover packaging and freight costs.
That the cost studies carried out, depending on the actual containment of public expenditure in this area, indicate that a measure of this nature avoids onerous processes and allows a substantial savings derived from the advantages of free recruitment by the transferred staff member.
That the proposed scale contemplates the needs of staff according to the category in which they review, the formation of their family group and the differential costs of countries from where they are transferred.
In spite of the above, there are difficulties in determining with fairness the needs that meet the needs motivated by the transfer of staff from duty stations outside the Republic, which requires differential treatment.
The regulation of the automotive system should also be amended, taking into account the characteristics of the development of the automotive industry in the different destinations.
That the Directorate of Legal Affairs of the Ministry of Foreign Affairs And CULTO has taken the relevant intervention in the present proceedings, dictating in accordance with the appropriate measure.
That the Executive Power is empowered to dictate this measure in accordance with article 86, paragraphs 1 and 2 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1 -
Officials of the Foreign Service and administrative, technical, professional and general service staff of the Ministry of Foreign Affairs And CULTO, when destined or transferred from or to the Republic in accordance with article 57, 58 and 62 of Act No. 20,957, shall, according to their magazine categories, be entitled to an allocation in United States dollars, not subject to accountability, the amount of which shall be equivalent to that resulting from the application of the coefficient established in Annex I to the present decree, on the value of the transfer by air cargo, of the present decree, Art. 2° -
The amounts indicated in Annex II will be increased by:
- CIEN KILOGRAMOS (100 kg) for each member of the dependant family group, accompanying the official.
- CIEN KILOGRAMOS (100 kg) additional for each dependent child, from the third party even accompanying the official. Art. 3° -
Where the latter is transferred from an overseas destination to the Republic, the basis on which the coefficient established in Article 1 shall be applied shall be increased by an additional equivalent to the QUINCE per cent of the remuneration corresponding to the ambassador of the Republic in the country from which he is transferred. Art. 4° -
The latter will also apply in cases where officials were transferred from the Republic to destinations located in the following countries: REPUBLIC OF CHILE, ORIENTAL REPUBLIC OF URUGUAY, REPUBLIC OF PARAGUAY, FEDERAL REPUBLIC OF BRAZIL AND REPUBLIC OF BOLIVIA. Art. 5° -
For special cases of border destinations detailed in Annex III to this Decree, and which do not have a specific fee, it is not possible to construct it through the use of the publication described in Article 6 of this Decree, the assignment shall be calculated considering the equivalence of destinations as detailed in the above-mentioned annex. Art. 6° -
The calculation of the assignment set out in Article 1 will be made, based exclusively on the periodic publication of IATA, through the manuals called "THE AIR CARGO TARIFF". The value to be considered will be the equivalent price of UN KYLEGRAM (1 kg) on KYLHONY QUINIENTS (500 kg) or, in its absence, the value of UN KYLEGRAM (1 kg) on CUARENTA AND CINCO KILOGRAMOS (45 kg); in the latter case, only SESENTA AND CINCO FOR SCIENTO (65%) of the total calculated will be cancelled. All the tables mentioned are those corresponding to the manual referred to in the first part of this article. Art. 7° -
Where a staff member is transferred from an overseas destination to another outside the Republic, the method described in the preceding articles shall not apply. In such cases, they shall have the right, according to their magazine categories, to the freight scale detailed in Annex IV and shall be governed by the following criteria:
(a) The weight of the personal effects that are actually transported within the limits specified in Annex IV may not exceed in volume the value in cubic meters that results from applying the relationship of A CUBIC METRO (1 m3) for each KILOGRAMOS TREINTA CENTRE (130 kg).
(b) If the personal effects are transferred by sea or land within containers, the MINISTERY OF EXTERNAL RELATIONS And CULTO will take charge only of the cost of renting only one of them of approximately TREINTA and TOS METROS CUBICOS (32 m3) capacity.
(c) When the total or partial transport of the personal effects is carried out by air, the MINISTERY OF EXTERIORS AND CULTO RELATIONS will only take charge of the expense until the value of the maritime or terrestrial freight that the official has ceased to use.
(d) The packaging and freight of the personal effects shall be made by the specialized firm that presents the most convenient offer in the competition of proposals, made on the basis of payment counted, of the rent of a container of approximately TREINTA and DOS METROS CUBICOS (32 m3) of capacity, door-to-door service, which calls for the representation where it provides services and to which shall be invited not less than three signatures of that branch.
(e) The budgets and invoices inherent in personal packaging and freight of staff members must contain sufficient background to specify the values corresponding to the weight and volume of the respective load. In cases where excesses are found in respect of the authorized scales in weight or volume, the corresponding charge shall be made immediately in the currency in which the payment must be made. Art. 8° -
Authorize the holder of the Ministry of Foreign Affairs And CULTO to extend to a maximum of the VEINTE BY CIENTO (20%) the values established in the weight scale referred to in articles 1, 2nd, 6th and 7th of this Decree when appropriately justified causes occur. Art. 9° -
For the transfer of the particular car, the officials of the Foreign Service shall have the right to a fixed assignment equivalent to a special or analogous MIL LITROS (1000 lts) of nafta, only in cases that are destined or transferred to or from the following countries: REPUBLIC OF CHILE, ORIENTAL REPUBLIC OF URUGUAY, REPUBLIC OF PARAGUAY and the national departments Art. 10 -
For destinations not mentioned in article 9 of the present decree, the transfer of the car shall only be appropriate, upon presentation of a certificate authorizing the car model to transfer, to circulate without restrictions in the country of destination, in the state in which it is located, issued by competent authority in that country. In this case, the Ministry of Foreign Affairs And CULTO will take charge only of the cost of the freight invoiced by the company that performs the service, contracted according to the rules established by Chapter VI of the Accounting Law. Art. 11 -
When the official is transferred from a Diplomatic or Consular Representation not included in Article 9°, the freight of his car will be carried out by the specialized firm that presents the most convenient offer in the competition of proposals that summon the representation where he provides services and to which they shall be invited not less than TRES (3) signatures of that branch. Art. 12 -
The assignment provided for in Article 9 or the payment of the freight cost referred to in Article 10 of this Decree shall only proceed if the movement of the car is carried out within the year of the effective transfer of the official. Art. 13 -
The assignments referred to in this Decree are of a total payment for the erogations arising from the transfer to be carried out by the officials referred to in Article 1 in the form of the packaging and transport of their personal effects from the city where it provides services to the destination, expenses arising from its shipment, transfers, disembarkation, stay in ports, deadlines, dispatch of income or discharge in countries and any other duty bound by any other duty; The relevant amounts will be delivered to the staff member simultaneously with the installation costs referred to in article 57 and 58 of Act No. 20.957, with a not less than VEINTE (20) days prior to the expiration date of his presentation at his new destination. Art. 14 -
The present regime shall be applicable in the whole area of the NATIONAL EXECUTIVE PODER (Central, decentralized, deconcentrated, enterprises, State societies, whatever their legal nature, special accounts service, official financial entities, social works and any other State agency, including those with respect to which the express resolution of the NATIONAL EXECUTIVE PODER is required for the reduction of its expenditures), which are currently in force, in those areas. Art. 15 -
This measure shall enter into force on the day of its official publication. Art. 16 -
Default of Decree No. 357 of 18 February 1985. Art. 17 -
Contact, post, give to the National Directorate of the Official Register - MENEM - Domingo F. Cavallo.