Key Benefits:
Bs. As., 9/2/96
VISTO the need to continue to implement the system of computer administrative procedure in the customs of the ARGENTINA REPUBLIC, and
CONSIDERING:
That in order to meet the goals contained in the Strengthening Plan for NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS ratified by Decree No. 30 of 6 January 1992, a priority aspect of the measures to be taken, was the adequacy of customs procedures and regulations in order to be translated into a computer system, replacing the manual until then in force.
That the need to have computer resources, non-existent in the country but developed worldwide, to obtain the improvement of the technical, operational and customs control procedures was a priority objective taken into account by the Argentine Customs in previous decades but materialized slowly and gradually through international agreements between the Argentine and French Customs Administrations.
That within the commitments they made to this purpose, there are important capital agreements, such as the Convention on Cultural, Scientific and Technical Cooperation of 3 October 1964, signed between the Governments of the ARGENTINA REPUBLIC and the FRANCES REPUBLIC; in a supplementary agreement signed on 4 June 1987 on Customs Information Cooperation between the Customs Customs Customs Offices of Argentina and France, and the Amendments to the 1987
That in the framework of the aforementioned agreements, the French Customs offered the Argentine Customs to make the technological transfer of the computer system, used in it, by adapting to its own particularities.
That this offer was accepted by the government authorities of the countries concerned who agreed on the measures of their participation, signing on 4 June 1987 the Complementary Agreement between the Government of the ARGENTINA REPUBLIC and the Government of the FRANCESA REPUBLIC, on cooperation between the Argentine and French Customs, through which the study of the technical feasibility of the adaptation and implementation of the French computer system used in Argentina was established.
That the actions of monitoring and evaluating the task of cooperation would be carried out by a Board composed of both customs administrations.
On the basis of the contribution of the French Customs and the incorporation of the experience of the Argentine technicians, the system called María, based on the Integrated Customs Tariff, was developed.
That the Complementary Agreement dated 4 June 1987 agreed that, however, it would be the Argentine Customs that would take charge of the costs associated with the adaptation, implementation and commissioning of the French Customs computer system in that Customs, the tasks that required such activity would be carried out with the participation of the Argentine branch of the industrial group builder of the material used in France (conforms Articles 5 and 7 of the Agreement of 4 June 1987).
That under the modification of the Special Arrangement signed on June 16, 1989 and ratified on January 25, 1991, the French Customs appointed SIF .Solutions Informatiques Francaises S.A.R.L.,, with the consent of the NATIONAL ADMINISTRATION OF ADUANAS dependent on the SECRETARIA DE HACIENDA of the MINISTERIO DE ECON
That the choice of the above-mentioned signature was made by the French Customs on the basis of a cost contest (conform Act of the Director Committee of 23 January 1990, ratified by the particular Arrangement of 3 May 1991).
That the conditions imposed by the French Customs prevented the use of normal bidding that preceded a contract by the State, finding sufficient merit to the origin of direct procurement as a method of exception provided for in the relevant regulations, which ultimately opted.
On 16 August 1991, the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS signed with the firm SIF .Solutions Informatiques Francaises S.A.R.L. un a contract for the provision of services and equipment to develop in the Argentina Customs the Maria computer system, whose validity was conditioned on the fulfillment of the requirements mentioned in Article 18 thereof.
That such a contract did not enter into force for the failure to comply with the conditions stipulated in this Article.
That in the need to respond quickly to the growing demand for foreign trade that required the abbreviated implementation of the customs operation process, coupled with the financial commitments imposed by French Customs, the implementation of the project was immediately imposed. This prompted the customs authorities to give intervention to the Customs Shippers, through the Centre that nucleates them, in order to enable the implementation of the project.
That as a way of contributing to this purpose the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES delegated the function of authenticating the signature of the despachantes in the customs operations, according to the payment of a tariff
That by agreement concluded between the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES and the Center of Customs Delayers on January 29, 1992 it was recognized that with the production of the previously mentioned collection, the Center of Customs Disclaimers would hire the acquisition to SIFtions.
That the French Customs accepted the intervention of the Customs Clearing Center, as well as the same, that the company SIF ).Solutions Informatiques Francaises S.A.R.L.. should provide updated equipment according to the latest technology in the matter at the time of the provision (conform Articles 4th and 5th of the "Special Agreement to the Complementary Agreement between the Governments of the Spanish Republic of Argentina).
That the agreement between the Customs and SIF Damage Center .Solutions Informatiques Francaises S.A.R.L.. was awarded a certain price for the provision of equipment and goods necessary to fill the first stage of the project.
That, due to the steady increase in the number of operations to be processed, the requirements of equipment even for the primitive destinations (Buenos Aires and Ezeiza) exceeded the contractual provisions, so that the provision of goods and services must be expanded, those that were acquired by the Customs Clearing Centre with the consent of the NATIONAL ADMINISTATION OF ADUANA No. 83 of 5 January 1995 was suspended.
Having agreed to the Convention with the Customs Clearing Centre, that the goods acquired would be given in usufruct to the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTH AND SERVICES PUBLICS until its donation to it, which would contract the definitive ownership of the same, which were acquired by that Centre with money from the tariff of a service that the customs delegated in its execution and administration, but not in the ownership of the funds collected, led, by the Extraordinary General Assembly of 29 December 1994, the Center of Customs Disclaimers to resolve the recognition of the ownership of the PUBLICS with respect to goods acquired pursuant to the conventions, as well as ownership of the funds received under the tariff of the firm authentication service.
That pursuant to the resolution in the Extraordinary General Assembly mentioned in the previous consideration, by Acts dated 6 January 1995 and 30 May 1995, signed between the Customs Clearing Centre and the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND BRAZILS and the actual delivery of the material acquired
That from the Extraordinary General Assembly of the Customs Delaying Centre from 29 December 1994 to the present, the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARY OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS continued with the implementation of the Maria computer system, having entered into new obligations both with the supplier and with third parties, in order to avoid irreparable damages if the contract of supply and maintenance of the goods and equipment was discontinued, these obligations are unpaid.
That it is considered necessary to authorize the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to cancel expenditures on 29 December 1994 to date.
That the Internal Audit of the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS carried out a further investigation of the process of acquiring goods of the Maria computer system in order to confirm the performance of the benefits assumed by the contracting parties and their incidence in relation to the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAN OF HACIENDA of the MINISTERY of ECONOMY and ARTWS and PUBLICATIONS in respect of the
That the Maria computer system has been fulfilled to the present in the planned areas, Customs Department of Buenos Aires, and Customs Department of Ezeiza, to which the Customs Administration of Córdoba was added.
Given the positive results of the use of the said system, it is imperative to extend the same to all customs in the country.
That in compliance with this objective it is desirable that the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS implements the necessary means in order to continue to implement the related computer system, empowering the agency to perform the contracting directly in accordance with the relevant regulations.
That the present is determined by virtue of the powers conferred by Article 99(1) of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 La The NATIONAL ADMINISTRATION OF ADUANAS under the HACIENDA SECRETARIAN OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS will implement the necessary means in order to continue to implement the Maria computer system in all the Customs of the country, respecting and complying with the international agreements entered into, making the contracts directly in accordance with the relevant regulations. Art. 2o a Authorize the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARY OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to cancel the expenses arising from the obligations incurred between December 29, 1994 and the present, referring to the continuation of the implementation of the Maria computer system, both with the providing firm and with third parties. Art. 3o . The resources necessary to finance the implementation of the present will be the responsibility of the NATIONAL ADMINISTRATION OF ADUANAS under the SECRETARIAT OF HACIENDA of the MINISTERY OF ECONOMY AND ARTWS and PUBLIC SERVICES under the provisions of Laws No. 22,091 and 22,415, their amendments and regulatory regulations, and Decree No. 1757 of 5 September 1990. Art. 4o . The expenses that demand the fulfillment of the present will be charged to the budget headings for the program 25 - Revenue and Controller of the NATIONAL ADMINISTRATION OF ADUANAS under the HACIENDA SECRETARIAN OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES. Art. 5o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Domingo F. Cavallo.