Key Benefits:
Bs. As., 24/6/96
VISTO Issue No. 080-001652/96 of the record of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, Law No. 23,696 and its Rule Decree No. 1105 of 20 October 1989, and the Resolution of the MINISTERY OF ECONOMY AND OURS AND PUBLIC SERVICES No. 394 of 13 March 1996 and
CONSIDERING:
That Law No. 23.696 in its Annex I states that it is subject to full or partial privatisation of the ARGENTIN MARITIMAS SOCIEDAD ANONIMA with ESTATAL MAYORITARIAN PARTICIPATION.
That through Decrees No. 2062 of 30 September 1991, 2345 of 6 November 1991, 243 and 244 of 4 February 1992, 299 of 10 February 1992, 1217 of 15 July 1992 and 1261 of 20 July 1992, and prior excision of the EMPRESA LINEAS MARITIMAS ARGENTINAS SOCIEDAD ANONIMA WITH PARTICIPATION ESTATAL ANONIMA, national and international public tendering was called, based on the partial sale of the respective shareholders.
That the call to bid was declared desert due to lack of bid presentation.
That by Decree No. 2070 of 12 November 1992, keeping the scition mentioned in the second considering, was called to national and international public tendering, without basis, for the partial sale of the share of the EMPRESA LINEAS MARITIMAS ARGENTINAS SOCIEDAD ANONIMA OF NAVEGATION, a bidding process that remained truncated in its realization by not being offered.
That Decree No. 2070/92 was repealed by Decree No. 370 of 10 March 1994.
That Decree No. 1276 of 29 July 1994 provided for the establishment of societies EMPRESS MARITIMAS ARGENTINS COSTA ESTE SOCIEDAD ANONIMA, EMPRESS MARITIMAS ARGENTINS MEDITERRANE SOCIEDAD ANONIMA and EMPRESS MARITIMAS ARGENTIN NORTE EUROPE SOCIEDAD ANONIMA and through the Resolutions of the MINISTERY OF ECONOMY AND PUBLIC SERVICES No. 533, 534 and 535 of 20 April 1995, national and international public tenders were called, based on, for the sale of the NOVENTA BY CIENTO (90 %) of the capital of each of the aforementioned companies.
That these tenders were declared deserted by the Resolution of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES No. 670 of 11 December 1995.
That the Resolution of the MINISTERY OF ECONOMY AND PUBLIC SERVICES No 394/96 is declared dissolved and in a state of liquidation to the EMPRESA MARITIMAS ARGENTINS SOCIEDAD ANONIMA WITH PARTICIPATION ESTATAL MAYORITARIA.
That Article 16 of Law 24,624 has established "...the date of 31 December 1996 as the limit for the final liquidation of the residual entities of companies already privatized...".
The transfer or disposal of movable property that is not necessary for the management of the liquidation should be undertaken.
That, within that category, the only assets of significant economic relevance still existing in the heritage of the EMPRESA MARITIMAS ARGENTINS SOCIEDAD ANONIMA WITH PARTICIPATION ESTATAL MAYORITARIA (In Liquidation) are the SEIS (6) ships that integrate the fleet of the state shipowner.
That, in view of the repeated failures recorded in attempting to sell the company divided into different business units .los that are opposed to the positive results obtained in the tenders called for the sale of assets. the implementation of this last procedure is appropriate. As a result, it is necessary to repeal Decree No. 1276/94.
That the complex features of the shipping business determine that the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES should be empowered to regulate the different modalities of the tender through its own resolutions and, additionally, to exercise the powers defined in Article 15 of Law No. 23,696.
That, also, attentive to the continuing fluctuation of the securities of the sale of ships, it is appropriate to provide that this call for national and international public tender is made without basis. This will prevent the eventual frustration of the bidding process which, if convened on the basis, would veto the consideration of any offer that did not reach it, even if it was appropriate to the conditions prevailing in the market at the very moment of the opening.
That the criterion set forth in the previous consideration is duly adhered to by the reference parameter that constitutes the previous assessment .prescripted by article 19 of Law 23.696 with "... character of official budget..." punto starting point for the substantiation of any decision regarding the award of the goods.
That the Permanent Legal Service of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS has taken the intervention that belongs to him.
That the NATIONAL EXECUTIVE POWER is empowered to issue the present act in exercise of the powers conferred by Law 23,696 and Article 99 (1) and (2) of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 de Authorize the sale through National and International Public Licitation, without base, of SEIS (6) ships, owned by the EMPRESA MARITIMAS ARGENTINS SOCIEDAD ANONIMA WITH PARTICIPATION ESTATAL MAYORITARIA (In Liquidation), detailed in Annex I, which is an integral part of this decree, with its corresponding parts lots.This sale may be made jointly, individually or by groups of ships detailed in the above-mentioned Annex.
Art. 2o . Please refer to the MINISTERIO DE ECONOMIA AND ARTWS AND PUBLIC SERVICES to approve the Bases and Conditions and their Annexes, to make the tenders or calls, to award the tenders and to exercise the powers defined in Article 15 of Law 23,696. Art. 3o EL MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS will assume the cancellation of the liabilities that could tax the vessels covered by this decree, whatever their nature or cause, in order to facilitate the conclusion of the respective sales contracts, with the granting of the relevant documentation and the corresponding free debt. Art. 4o . Without prejudice to the provisions of the previous article, the proceeds of sales, once the emerging obligation of Law No. 23,966 and net of the funds necessary to cancel the budgetary obligations during the period 1999 until the final closure, shall be entered into the National Treasury. (Article replaced by Art. 1 Decree No. 225/99 B.O. 23/03/1999) Art. 5o . Default of Decree No. 1276/94. Art. 6th . Contact the Bicameral Commission established by Article 14 of Law No. 23.696. Art. 7o . Communicate, publish, give to the National Directorate of the Official Register and archvese.Annex I
Nomine of the six (6) ships owned by the Company Argentinean Maritime Lines Corporation with State Participation Majority (In Liquidation) whose sale by National and International Public Licitation is provided by this Decree.
