Bs. As., 24/6/96
VISTO Laws No. 23,985 and No. 24,159, Decree No. 959 of 16 June 1992 and
That the time elapsed since the rule of law mentioned in the first place requires a review of such regulations that recepts the experience gained during the validity of Decree No. 959 of 16 June 1992.
It is therefore advisable to grant agility to the procedure, as well as to obtain greater legal certainty in the acts that are carried out through the provisions of these laws.
That the present is given in the use of the powers conferred by article 99, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 Los The legal acts under Act No. 23,985 shall be governed by these regulations and the complementary rules and procedures adopted by Mr. MINISTER DEFENSA. Art. 2o El The MINISTERY OF DEFENSA shall carry out all relevant actions in order to ensure that the properties subject to a contract made through the application of Law No. 23,985, are properly registered and in conditions of negotiation. Art. 3o Los The agencies referred to in Article 2 of Law No. 23,985, will be the Directorates that are carried out by the property in each of the Forces and in the Ministry of Defence. Art. 4o de These are the powers and duties of the respective implementing agencies:
I) From each Force:
(a) To transmit to the Ministry of Defence the reports referred to in articles 3 and 4 of Act No. 23,985, completing all the contents required by this Decree, as well as the supplementary regulations adopted by Mr. MINISTER DEFENSA.
(b) Prepare and elevate all necessary documentation to the MINISTERY OF DEFENSA for the approval of the legal act carried out and for the subscription of the notary acts that may correspond, with the MINISTERY OF DEFENSA being authorized to delegate the subscription of the latter.
II) OF DEFENSA MINISTERY:
(a) Receive the information received from the Forces.
(b) To collect any other information that you deem appropriate for the specific case, in order to complement the information required in general.
(c) Control compliance with the provisions of Article 8 "in fine" of Law No. 23,985.
(d) Elevar the non-binding Views referred to in Article 5 of Law No. 23.985, which shall be subscribed by the Secretary appointed to that end by Mr. MINISTRO DE DEFENSA, with the content described in Annex I to the present and which equates from complementary rules dictated by Mr. MINISTRO DEFENSA, under the terms of reference provided for in Article 1 of the present.Art. 5o El The report referred to in Article 3 of Law No. 23,985 should be referred to MINISTERY OF DEFENSA during the first quarter of each year and should contain at least the detailed information in Annex II to the present. The same information should be submitted on the occasion of the application of article 4 of Act No. 23,985, and the urgent reasons for its referral should also be established before the annual report.
The first annual report to be made after the publication of the present report shall be provided within SESENTA (60) days from the publication.Art. 6th s For the purposes of the preparation of the reports of articles 3 and 4 of Law No. 23.985, those immovable or unnecessary for the service shall be considered as:
(a) They are not necessary for the management of the service to which they are affected, following a statement in that regard by the Head of each Force.
(b) They were not contemplated in the restructuring plans to perform military or security functions. In the event that they are occupied, the time of their unemployment must be foreseen.
(c) Being affected to future plans, do not have the proper funding for their realization.
(d) Being granted in precarious use, its use has not been resumed within a period of CINCO (5) years, from the date of concession.
(e) Being leased to third parties, no military or security activity had been carried out for a period of TEN (10) years.Art. 7o . Mr. MINISTER DEFENSA may exempt from the provisions of the article prior to those properties which, being covered by subparagraphs (c), (d) and (e) thereof, shall be necessary for the military or security purposes, upon the basis of which the Head of the respective Force has made. Art. 8o . In order to execute the contracts available to Mr. MINISTER DEFENSA, which are not sold, they may apply in everything that is not opposed to the system of Law No. 23.985, the provisions of Law No. 20.124 and its regulations, as well as the State Contracts Regulations. In the event of sale, it shall be made exclusively in accordance with the terms of Article 6 of Law No. 23.985. Art. 9th La The cost and investment proposal referred to in Article 11 of Law No. 23,985 should contain at a minimum: the income of funds obtained annually with quarterly progression, a quarterly investment programme and details of the proposed impact, with a review and description of the proposed. Art. 10. . Each Force shall raise a report to the MINISTERY OF DEFENSA in the months of January, April, July and October of each year on the state of impact of funds obtained as a result of the application of the Nros Laws. 23.985 and 24.159. Art. 11. . Determine that the CINCO FOR SCIENTY (5 %) of the funds obtained by application of Law No. 23,985 will be intended for the creation of a "FUND FOR THE SAINT OF TITULOS" of the properties intended for use by each Force. Mr. MINISTER DEFENSA is empowered to decrease that percentage, in accordance with the needs of each Force. Art. 12. Las The constructions carried out by the Forces in compliance with their specific purposes shall be governed by Law No. 13,064, being in charge of the body which, to that end, designates the JEFE OF GENERAL MAJOR STATE of each Force, the NATIONAL DIRECTOR OF GENDARMERIA or the NATIONAL PREFECT NAVAL all powers delegated to the NATIONAL EXECUTIVE POWER, the aforementioned Act No. 13.064. Art. 13. . Within the TREINTA (30) days of publication of the present decree, the MINISTERY OF DEFENSA must dictate the complementary regulations. Art. 14. . Revise Decree No. 959 of 16 June 1992. Art. 15. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . Oscar H. Camilión.
The minimum content of the Views referred to in article 5 of the first paragraph of Act No. 23,985 shall be considered as follows:
(1) Identification of the property; declaration that it is registered and in conditions of negotiation; state of occupation of the property and, if applicable, approximate date of unemployment.
2) Value of valuation of the property.
(3) Foundation of the proposed legal act.
(4) Proposal on the conditions to which recruitment should be subject and on how to execute it.
(5) In the case of article 4 of Act No. 23,985, opinion on the grounds laid down by the Force that endorse its incorporation into the law after the lifting of the annual report.
Contents of reports required by articles 3 and 4 of Act No. 23,985.
(1) Property name and registration data to the National Account (Service, Account and Identification Numbers).
2) Geographic location (province, department, party, location, location, street, number, functional unit, etc.)
(3) Complete cadastral nomenclature, including, if counted, inscribed minsura plane number.
(4) Starting data or municipal standards.
5) Services with which the property has (electricity, gas, running water, chloracal service, telephone, etc.).
6) Description of the property (if it is urban or rural, whether or not it is built, land area, built area).
7) Approved or chrome mesh plan of the property.
8) In the event that the property has buildings, if they are approved or not by the local municipality and copy of their plans or chrome, of having them.
9) Domain data (Copy of the legal act by which it was obtained and its corresponding registration; in the event that it is not registered, it must be indicated on behalf of the person who is inscribed the property and actions necessary for its registration in the name of the National State).
10) Statement of inefficiency for the purposes of the Force, made by the holder of the Force.
11) State of occupation (if it is at the time of raising the report free of occupants and, if not, what is required to reach this situation and approximate time of obtaining).
12) Proposed type of procurement, the appropriateness of which should be substantiated and the opinion of the Force ' s legal body in support of the feasibility of the proposed legal act
13) Taxation of the property and mention of the agency that performed it. If it has not been done by the National Tax Court, it should be indicated why and approximate date on which it can be counted.
14) In the event of the application of article 4 of Law No. 23,985, which leads to its elevation after that of the annual report.