Bs. As., 29/10/91.
I look at the Nros Laws. 23,696 and 23.697, the Administrative Reform Programme implemented by Decree No. 2476 of 26 November 1990, proposed by the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
That the above-mentioned regulations declared the Administrative and Economic Emergencies respectively and that, given the state of serious disorganization prevailing in the National Administration, an Administrative Reform Programme has been launched, designed through the decree No. 2476/90.
That the NATIONAL ADMINISTRATION OF ADUANAS .dependent on the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS tiene has its organic structure approved by Resolutions of that Nros Agency. 3797/82, 2943/83 and modifications.
That Decree No. 2476/90 . which established Chapter I, Article 1, the expiration of the organizational structures as at 31 January 1991. sets guidelines for the development of new structure projects.
It is necessary to equip the NATIONAL ADMINISTRATION OF ADUANAS with a new organizational structure that allows it to deal more effectively and efficiently with its responsibility to ensure fiscal interest, and to operate with the fluid decision that imposes the current pace of international trade.
That the above-mentioned Agency is exempt from complying with the guidelines to which the structural projects, set out in Article 4 of Decree No. 2476/90, should be adjusted through Article 5 of the same rule.
That the EXECUTIVE COMMITTEE ON ADMINISTRATIVE REFORM He has taken the intervention that belongs to him, expiating favorably.
That the present act is in exercise of the emerging powers of Article 86, Subparagraph I, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 IV la Approved the organizational structure of the NATIONAL ADMINISTRATION OF ADUANAS, autarchical entity in the jurisdiction of the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, according to the Organigram, Objectives, Primary Responsibility and Actions, Standing Plan and of Cabinet Art. 2o . Approve the distribution of posts and hours of Chair that, as Annex Va, is part of this Decree. Art. 3o . Please approve Annex IVc, of the present, which includes the charges and number of personnel covered by Article 25 of Decree No. 435/90 and modifiers, charges that will automatically disappear from the organizational structure once the staff is dropped. Art. 4o la Approve the Non-Permanent Plant of Transitory Personnel, which as Annex IVd, is an integral part of this Decree. Art. 5o . Except for the NATIONAL ADMINISTRATION OF ADUANAS of the provisions of Article 27 of Decree No. 435 of 4 March 1990 and amendments, in order to keep permanently covered the charges approved by the present. Art. 6th El The expenses that demand the fulfillment of this decree will be met with charge to the credits assigned to JURISDICTION 52 - SECRETARIAT OF HACIENDA - PROGRAMME 005 - RENTA AND CONTRALOR ADUANERO. CARACTER 0 - CENTRAL ADMINISTRATION - INCISO 11 - PERSONAL. Art. 7o . Within the TREINTA (30) days from the date of publication of this Decree will be made the movements of personnel that are necessary for the implementation of the organizational structure that is approved. In the meantime, the missions, functions and posts occupied, with their financing, in force to that date of publication, are maintained on a provisional basis under Article 3 of Decree No. 2476/90. Art. 8o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.
Annex IINATIONAL ADMINISTRATION OF ADUANAS OBJECTIVES:
To exercise the functions and powers conferred upon it by customs legislation and supplementary provisions, as well as those of a general order that are applicable.
Annex IIIASESOR ACTIONS:
Assist the National Administrator and Assistant Administrator in those studies and tasks entrusted to him.AUDITORY DEPARTMENT ACTIONS:
Monitor compliance with the laws, decrees, rules, instructions, procedures relating to the operation of the distribution and accounting control and the assets of the Agency.DIVISION OPERATIVA ADUANERA ACTIONS:
1. . Conduct audits of each specialty, in accordance with approved plans and systems of work related to compliance with laws, decrees, rules, instructions and, in general, all types of regulations related to specific customs regimes and operations.
2. . Conducting extraordinary audits, analysis and special checks.
3. . Elevar to the highest instance, with opinion, the results of the audit practiced.GENERAL OPERATIONAL DIVISION ACTIONS:
1. . Conduct in its specialty the audits of compliance with the laws, decrees, rules, instructions and, in general, of all types of regulations related to the operation of the distribution.
2. . Perform the accounting control of the established systems.
3. . Carry out the control of the goods that constitute the property of the distribution.
4. . Conduct control of bank accounts of an administrative nature.TECHNICAL SECRETARIAT PRIMARY RESPONSIBILITY:
Dictate rules for the interpretation and application of the laws and regulations of the customs technique and operation.ACTIONS:
1. . Dictate General Resolutions of Tariff Classification.
2. . Enable primary customs zones based on operational requirements.
3. . Approve the determination of the value in Customs.DIVISION AND CONVENTIONS ACTIONS:
1. . Update the ordering of the current Customs Resolutions.
2. . Register the International Agreements and Conventions and import and export operations to the expected quotas of such instruments.DIVISION REGISTER ACTIONS:
1. . To grant the Register Number corresponding to each registration in the general or special registers, for the conduct of activities related to the customs operator.
2. . Update the records by high, low, supervision and modifications.TECHNICAL DEPARATIONS OF IMPORTATION ACTIONS:
1. . Elaborate resolutions inherent in its role for the interpretation of import regulations.
2. . Elaborate special resolutions on matters reserved for the National Customs Administration.TECHNICAL DEPARATIONS OF EXPORTATION ACTIONS:
1. . Develop resolutions inherent in its role for the interpretation of export regulations.
2. . Elaborate special resolutions on matters reserved for the National Customs Administration.TECHNICAL DEPARATIONS OF ASSESSMENT ACTIONS:
1. . Elaborate interpretative resolutions on valuation of goods.
2. . Register and collect valuation history.
3. . Advising and investigating regarding valuation of import and export goods.
4. . Determine links with foreign suppliers or importers through research to perform to importing or exporting firms.TECHNICAL DEPARTMENT OF NOMENCLATURA AND ARANCELARY CLASIFICATION ACTIONS:
1. . Dictate interpretative resolutions and classification and merchandise analysis standards, including systems for the extraction, conditioning and transit of samples, as well as registration and collection of history of tariff classification and any other matter of competence.
2. . Conduct chemical and physical analysis of import and export goods by issuing the corresponding protocols, or by providing the derivation to the appropriate laboratories.
3. . Advice on tariff classification and identification of import and export goods.
4. . Build and update the IT tariff and provide the necessary data to the tariff computing process.SECRETARIAT OF CONTROL PRIMARY RESPONSIBILITY:
Control the application of customs legislation and exercise the power of Customs Police throughout the country, as set out in Section II of the Customs Code . Law No. 22.415.ACTIONS:
1. . Preventing and suppressing throughout the jurisdictional sphere of distribution, drug abuse.
2. . Conducting documentary and operational control after compliance with the various customs destinations.
3. . Develop the annual comprehensive inspection plan for Customs.
4. . Preventing and suppressing illegal acts and customs violations.DEPARTAMENT FISCALIZATION DOCUMENTAL ACTIONS:
1. . Execute the review of customs documentary proceedings after the completion of their processing, implementing the appropriate procedures in each case.
2. . Control the requests for the return of taxes paid in excess.
3. . Control the use or destination given to imported goods under special regimes.
4. . Make checking of commercial invoices in relation to Contentful Submissaries and/or pending investigations.DEPARTAMENT POLICY ADUANERA ACTIONS:
1. . Carry out the tasks of monitoring, checking or investigating for the prevention and suppression of the crime of smuggling, attempting or concealment, and the instruction of the prevention suspects.
2. . Intervention in investigations and procedures regarding the prevention and suppression of customs violations.
3. . Exert the interdictions of the goods that are suspected in violation and provide for the lifting of such a measure where appropriate.
4. . Exercising the abduction of goods, means of transport and other items of contraband or suspected of customs infringement, as well as arresting persons who have committed or suspected of incurring such infringement.
5. . Coordinate joint actions with the security forces.
6. . Processing internal and external information to prevent customs illegals.GENERAL INSPECTION ACTIONS:
1. . Fiscalize the correct application of customs legislation and of the provisions containing related clauses in customs jurisdiction.
2. . In the field of customs, to execute the kidnapping of goods, means of transport and other elements of contraband or suspected of customs infringement, as well as to carry out the arrest of persons involved in customs crimes, carrying out the investigations that they deem necessary for the performance of their duties.
3. . Exercising the power of Customs Police and the public force for the task of its specific function.DEPARTAMENT DROGAS PELIGROSAS ACTIONS:
1. . Comply and enforce throughout the jurisdictional sphere of the distribution, existing or future legislation, with regard to customs aspects of the fight against drug abuse and of elements used by traffickers or drug abusers.
2. . Coordinar acciones y intercambio de información en la materia con organismos nacionales o extranjeros cuando resultare necesario para la investigación.SECRETARIAT METROPOLITANA PRIMARY RESPONSIBILITY:
Monitor the application of customs legislation in the units that integrate it.ACTIONS:
1. . Attend on 2nd. Administrative instance complaints for offences and offences under customs law within the scope of its jurisdiction.DIVISION ANALISIS INFORMATION AND OPERATIVE CONTROL ACTIONS:
1. . Establishing contacts with the operational areas by identifying needs to be covered by a computerization of the administrative circuits.
2. . Formalize application orders to meet the requirements of the different operating sectors, to be developed by this unit.
3. . Propose operating guidelines and train Secretariat-dependent staff in the use of new technologies and administrative circuits where information technology is involved, advising the heads of the specific units on system benefits and control to exercise on them.
4. . Intervene in the investigations of customs violations within the Metropolitan Secretariat.
5. . Conducting counter-lord tasks to prevent smuggling, attempting or covering up in the jurisdiction of the Metropolitan Secretariat.ADUANA ACTIONS:
1. . Make the registration, control and authorization of applications for customs destination whatever their way, applying the provisions concerning tariff classification, valuation, guarantees and import and export restrictions.
2. . Acting preventively on cases of violations and/or customs offences, conducting pre-trial proceedings that the circumstances impose, proceeding in accordance with the urgency of the case, to give intervention to the customs authority with competence in the matter or to resolve them according to the powers delegated to it.
3. . Provision of administrative sums to trade and customs service assistants (Customers, Customs Transport Agents, General Powered Persons, Importers and Exporters) and other subjects linked to it (Onboard suppliers, repair technicians, washers, etc.), as well as first-hand understanding of the challenges that arise.
4. . Execute the checks of the different destinations of import and export and re-embarkation.
5. . Have the marketing of goods in situations of lags and/or kidnappings.
6. . Attend the customs operations and regimes relating to the means of transport, whatever their way, formalizing the entry and exit of them.ADUANA DE EZEIZA ACTIONS:
1. . Conduct registration, control and authorization of customs destination applications, guarantees and import and export restrictions.
2. . Acting preventively on cases of infringements and/or customs offences, conducting pre-trial proceedings that the circumstances impose, proceeding in accordance with the urgency of the case, to give intervention to the customs authority with competence in the matter or to resolve them according to the powers delegated to it.
3. . Execute the verification and control of the elements transported by passengers, applying the provisions concerning tax determination and restrictions on the baggage regime.
4. . Execute the checks of the different destinations of import and export and re-embarkation.
5. . Have the marketing of goods in situations of lags and/or kidnappings.
6. . Attend customs operations and regimes regarding the means of transport.DEPARTMENT CONTAINED ACTIONS:
1. . To have the opening and directing the substance of the summaries, dismissals of complaints and dismissals.
2. . Have the execution of its firm pronouncements.
3. . Solve in the first instance the resources involved within the metropolitan area.
4. . Have indelible form the goods affected to the summaries in their charge.ADMINISTRATION SECRETARIAT PRIMARY RESPONSIBILITY:
Direct and coordinate budgetary programming, recording, implementation and fund movements.
Direct and coordinate human, material and computer resources.
Direct and coordinate the control of the tax collection as soon as it makes the fund movement.ACTIONS:
1. . Supervising the related to services and material resources.
2. . Leading budget management, accounting records, movement of funds, responsible and heritage.
3. de Coordinating Human Resources Management
4. . Exercising data systematization control and electronic processing of distribution information.DIVISION ORGANIZATION AND METHODS ACTIONS:
1. . Conduct procedures studies and rationalization of working methods, aimed at improving and enhancing the efficiency of the agency and monitoring its implementation.
2. . Conduct studies and propose modifications to the functional structure and organizational standards.
3. . Elaborate the manuals of procedures and regulations of the distribution, controlling its publication.
4. . Make the standardization, design, rationalization and cataloguing of forms in use and the approval of stamps, according to the existing legal norms.
5. . Determine the provision of the areas of work and study and propose the staffing of the necessary staff.FINANCIAL ECONOMIC DEPARTMENT ACTIONS:
1. . Prepare and manage the budget and record your accounting, fund movements, responsible and heritage.
2. . Liquidate, pay and pay documented account of erogations, draw-back and tax returns.
3. . Register in analytical and centralized form the collection of customs taxes.
4. . Register the tax debts and follow up.
5. . Receive, register, guard and return the instruments of guarantee of customs operations.
6. . Registering, transferring the funds and rendering the merchandise auctions documented.MATERIAL RESOURCES ACTIONS:
1. . Provide the necessary services and material resources, processing the respective contracts.
2. . Making the maintenance and transfer of movable and immovable property.
3. . Make the registration, tracking, file and microfilmation of the documentation.
4. . Exert control of the functioning of the Definitive Reception Commission of Goods.
5. . Print and distribute forms and publications of the distribution.
6. . Maintain and increase the customs library and museum.HUMAN RESOURCES DEPARTMENT ACTIONS:
1. . Perform the selection of human resources and propose their designation or recruitment, as appropriate.
2. . Attend the comprehensive and ongoing planning of customs and administrative technical training at the same level throughout the National Administration.
3. . Build and keep staff lingers updated and all related information.
4. . Apply automatic disciplinary sanctions and encourage the adoption of precautionary measures under the disciplinary regime.
5. . Intervene in social assistance to staff and verify compliance with the regulations on Hygiene and Labour Security.INFORMATION DEPARTMENT ACTIONS:
1. . Perform the systematization of data and electronic processing of the distribution information.
2. . Do everything related to analysis, design, construction and control of information.
3. . Promote the design of new systems and study the improvement of current ones.
4. . Perform feasibility studies for the configuration of equipment according to the needs.
5. . Conduct quality and efficiency controls in programs, machines, inputs and personnel.
6. . Coordinate with the user units the supply of the information.SECRETARY-GENERAL PRIMARY RESPONSIBILITY:
To assume the representation and sponsorship of the National Customs Administration in judicial cases.ACTIONS:
1. . Legally advise the National Administrator and all customs units.
2. . Manage the designation of the Customs agents in the trials in which it is a party.
3. . Promote the unification of criteria in the application of the legislation and jurisprudence of the areas that depend on it.
4. . Determine the guidelines to which the instruction of administrative sums should be submitted.DIVISION ADMINISTRATIVE SUMARIES ACTIONS:
1. . Conduct the instruction of administrative summaries ordered by the competent authority.
2. . Practice the steps to clarify the facts that are investigated.
3. . Provide the reports required by the Judiciary, the Court of Accounts of the Nation or the Fiscal Court.
4. . Keep a record of the proceedings in the process of the delegated units.ASSESSMENT ACTIONS:
1. . Expedite on issues relating to tax and promotional regimes, crimes and breaches and labour and disciplinary regimes, with respect to customs and trade and customs service assistants.
2. . Analyze and advise on administrative and contracting matters.
3. . Pronunciarse en los sumarios que, conforme con la legislación customsera, debe ser altos para su aprobación al Administrator Nacional.JUDICIAL DEPARTMENT ACTIONS:
1. . Representing A. No. A. in trials, either as an actor or as a defendant.
2. . Pursue the collection of sums of money owed to the National Customs Administration.
3. . Criminal action against those responsible for the smuggling offence.
4. . Defend the fiscal interest committed when the amounts in dispute correspond to rights and charges, wage claims or compensations for damages.SECRETARIAT OF INTERIOR PRIMARY RESPONSIBILITY:
Coordinate the activities necessary to ensure the proper functioning of the Home Customs and exercise their overall supervision.
1. . Assisting the Home Customs in all those issues that make their operations.
2. . Serve as a nexus between the National Customs Administration and the Home Customs, coordinating their interaction with the different units.
3. . Control and monitor all aspects that make the Customs of the Interior normal operation.
4. . Participate with other national or international agencies in everything related to the international trade of goods within the territorial competence of the Customs of the Interior, with knowledge and express delegation of the National Administration.ASSISTANCE AND INFORMATION ACTIONS:
1. . Assisting the Interior Customs in all matters relating to administrative consultations that arise, directing these efforts and following them until their completion.
2. todo Coordinate with the other units of the National Administration everything related to the treatment of administrative, human and computer matters of the Home Customs.
3. . Control that Internal Customs send in time and form routine or exceptional documentation and information, which are obliged to send to the different units of the National Administration.
4. . Leading orders for information, directives and instructions emanating from the National Customs Administration, addressed to the Home Customs.DEPARTMENT SUPERVISION OF ADUANAS OF INTERIOR ACTIONS:
1. . Supervising the operational, technical, accounting, summary and legal aspects of the Interior Customs, immediately informing their superior of the novelties and irregularities that are detected, and that make necessary the intervention of the Control Secretariat.
2. . Advising for the drafting or modification of rules related to the work of the Interior Customs.
3. . Propose the empowerment and disabling of safeguards or other operating places in the Home Customs.ADUANAS OF INTERIOR ACTIONS:
1. . Apply the current customs regulations for the control of international trade in goods and other special regimes for which they are authorized.
2. . Control and control the collection, taking the measures that establish the existing rules in order to improve tax revenues.
3. . Exercising the power of the police and the jurisdictional powers conferred upon it by the existing rules, tending to prevent and suppress customs illegals.