Ministry of Labour and Social Security
Decree No. 948/1994
Amendment to article 97 of Decree No. 1973/86.
Bs. As., 16/06/94
VISTO the Regulations of the Organic Law of the Foreign Service of the Nation No. 20.957, approved by Decree No. 1973/86 and its amendments; the provisions of Decree No. 3168/78 and its amendments and the provisions of the National System of Administrative Profession (SINAPA), approved by Decree No. 993/91 and its amendments, and
What is functionally necessary, in the Ministry of Foreign Affairs, INTERNATIONAL TRADE And CULTO, to give greater flexibility and agility to the system of destinations and transfers to the different diplomatic and consular Representations of the ARGENTINA REPUBLIC accredited abroad with regard to the General SINAPA's General Assembly's officials who are at their highest managerial level, that is, in Level A, in order to be able to understand the urgent and professionally specific requirements of the service.
That the minimum requirements required for access to such a scale-up level of the National System of Administrative Profession lag far exceeds the internal training precautions implemented by article 97 of Decree No. 1973/86 as amended by article 1 of its similar No. 969/93.
That this measure is determined in accordance with the powers agreed upon by article 86, paragraphs 1 and 2 of the National Constitution.
The President of the Argentine Nation,
Article 1 - Replace article 97 of Decree No. 1973/86, as amended by article 1 of its similar No. 969/93, with the following:
"ARTICULO 97. - The number of agents of the Ministry of Foreign Affairs, INTERNATIONAL TRADE And CULTO that will serve abroad in the terms of Article 97 of Law No. 20.957 shall be fixed by Ministerial Resolution, in accordance with the needs of the Representations abroad.
All personnel of the Ministry of Foreign Affairs, INTERNATIONAL TRADE And CULTO is included in the General Assembly of the National System of Administrative Profession, approved by Decree No. 993/91 and its amendments, which meets the following qualification requirements:
(1) Those established in article 11, subparagraphs (a, b, c and d of Act No. 20,957 and of these Regulations.
(2) Officials and agents of the General Group of the National System of Administrative Profession serving in the Ministry of Foreign Affairs, INTERNATIONAL TRADE and CULTO, which are between Levels B and F, both inclusive, must also meet the following requirements:
(a) To have approved the internal competitive examination to be regularly called by the General Staff Directorate, as provided by Ministerial Resolution.
Among the subjects on which admission examinations are to be examined, referred to in the preceding paragraph, they shall be found compulsory: (a) Language; (b) Computers; (c) Writing and Style and (d) General Culture.
(b) To have an antiquity not less than THREE (3) years completed in the so-called State Portfolio, at the date of its presentation in that contest.
(c) To have approved a training contest, which was conducted for the purpose at the Institute of Foreign Service (I.S.E.N.), not less than six (6) months of duration, with special emphasis on the dictation of the subjects relating to the tasks that are usually performed by administrative staff in the Representations abroad.
The recognition of the above requirements will be carried out by Ministerial Resolution.
(3) Officials in Level A of the National System of Administrative Profession in the aforementioned State Portfolio shall perform exclusively in the Republic, and may only be assigned and/or transferred abroad for reasons of service, by decree of the NATIONAL EXECUTIVE PODER.
For the purposes of article 97 of Act No. 20,957 and as long as the requirements of these Rules are met, such personnel shall be deemed to be members of the Civil or Administrative Service Adscribed to the Foreign Service. Accordingly, the minimum limits established by article 56 of Act No. 20,957 and its Rules shall apply to it.
As long as such personnel are recruited from abroad, and without prejudice to the provisions of the Basic Legal Regime of Public Service, they shall be subject to the rights and emerging obligations of the Law on Foreign Service of the Nation and its Regulation, approved by Decree No. 1973/86, and its amendments, as follows:
Articles: 21, subparagraphs (d), (i), (k), (l), (o), (p) and (q); 22, subparagraphs (b), (d), (f), (g), (h), (i), (l) and (m); 23, subparagraphs (a), (b), (c), (e) and (f); 24, subparagraphs (c), (d) and (e); 54; 57; 58; 59; 62; 67; 68; 73, subparagraphs (b), (d), 89 and 90; 87; 88;
Staff performing maintenance, production and general service tasks will only be assigned or transferred abroad following a specific training course. As a general rule, the procedure provided for in articles 83 to 91 of the Regulations for the Diplomatic Representations of the ARGENTINA REPUBLIC, approved by Decree No. 7743 of 17 November 1963 or eventually replaced it.
In the event that the staff included in article 97 of Law No. 20,957 and its Rules were sent to perform functions in a destination included in the category of the "Special Rules", as long as the mission lasts, the higher immediate level shall be assigned to all purposes.
Art. 2° - Contact, post, give to the National Directorate of the Official Register and archvese.
MENEM - Guido Di Tella.