MIGRATIONS Decree 1117/98 Amend Nros Decrees. 1434/87 and 1023/94 in relation to migration proceedings to be subject to payment of the retributive rate of services. Bs. As., 23/9/98 B.O.: 6/10/98

VISTO the General Law on Migration and the Promotion of Immigration No. 22,439 and its rnodificatory, Decree No. 1023 of 29 June 1994, 1207 of 8 November 1989 and its amendments, Decree No. 1434 of 31 August 1987 and its amendments, and Decree No. 1410 of 3 December 1996 and

CONSIDERING:

That by means of the pre-quoted regulations, the migration procedures to be subject to payment of retributive service fees were determined.

That Decree No. 1207/89 and its amendments omitted to determine the amount of the retributive rate of services for admission procedures, as a permanent or temporary resident, to be initiated before Argentinian Consulates abroad.

That such omission constitutes unequal treatment for persons who: begin their proceedings in the National Territory, which constitutes discriminatory treatment.

Furthermore, in order to facilitate the application of migration rules that empower entry and stay in the National Territory with the national policies in force, it is appropriate to amend article 15 (e) of Decree No. 1434/87 and: its amendments and articles 32, 34 (b) and 36 of the Migration Regulations.

In accordance with the terms of Decree No. 1410/96, the National Directorate for Migration proposes to the NATIONAL EXECUTIVE PODER the rates for the services provided by that agency and its corresponding modifications.

It has taken the intervention of the Direeei6n General of Legal Affairs of the Ministry of the Interior.

That the present is determined in accordance with articles 87 and 110 of Act No. 22,439 and its amendments and the powers conferred by article 99, paragraph 2 of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Replace article 32 of the Migration Regulations adopted by Decree No. 1023/94, with the following:

ARTICLE 32. - The request for admission to the country of an alien who is abroad shall be made by the person concerned or his or her acquittal before the Argentine consular authority and through third parties to the National Directorate of Migration. The latter case will be feasible when the third parties are duly taken over or are primary relatives of the individual concerned, Argentines or permanent or temporary residents in the country.

Applications made for aliens residing abroad, persons of visible or ideal existence who have contracted them for themselves, in accordance with the Argentine legislation and the existing migration regulations and whose financial and social solvency and activity are publicly recognized or fediently accredited, shall process and be resolved exclusively by the National Directorate of Migration, who shall, in effect, carry a register of persons of visible or ideal existence who function as applicants,

The necessary requirements for registration in the aforementioned registry and the penalties and penalties that may correspond to the breaches of their obligations shall be established.

Applications made by aliens or their agents, who reside abroad and intend to obtain residence in the country on the basis of a contract with persons of visible or ideal existence to work for them in accordance with Argentine law, shall be decided exclusively by the National Directorate of Migration.

Complying with the regulatory requirements, a permit will be issued that will only entail a right in expectation and will be perfected after the effective legal entry into the country. When applications for admission as permanent or temporary residents" are made for or for members of religious order, the agreement of the SECRETARIAT OF CULTO of the NATIONAL PRESIDENCE shall be required.

Please note that the amount of the retributive service rate for admission procedures, as a permanent or temporary resident, will be set at PESOS DOSCIENTOS ($ 200) or its equivalent in the foreign currency.

The National Directorate of Migration shall establish the procedure for payment and transfer to the Republic of the amounts corresponding to the application of the preceding paragraph."

Art. 2° - Replace article 34 (b) of the Migration Regulations adopted by Decree No. 1023/94, with the following:

"b) To grant entry permit as a 'temporary resident' for a period of up to UN (1) year, except when agreements signed by the Republic establish higher periods, with the exception of the cases provided for in article 15 (e) of Decree No. 1434/87 and its amendments."

Art. 3° - Replace article 36 of the Migration Regulations adopted by Decree No. 1023/94, with the following:

"ARTICULO 36.-The National Directorate of Migration may grant aliens who are residing in the country and who so request, residence 'temporary' and only exceptionally 'permanent residence' under the conditions established.

It may also grant to aliens who are legally resident in the country, a change of qualification within the transitional category in any case, and of this temporary student or temporary worker - hired (in the terms of Article 15 (d) and (e) of Decree No. 1434/87, and its amendments)".

Art. 4° - The change in the classification of the temporary category to that of temporary student or temporary worker - contracted, provided for in article 3 of this Decree, which replaces article 36 of the Migration Regulations, shall apply to aliens only when they have entered the National Territory prior to the date of entry into force of this Decree, except with the exception duly justified in the opinion of the MINISTERIO DEL INTERIOR. Art. 5° - Replace article 15 (e) of Decree No. 1434/87 and its amendments with the following:

(e) Workers contracted by persons of visible or ideal existence established in the country, to provide services for them in accordance with Argentine law, provided that the recruitment takes place in writing. When the activity to be carried out by the foreigner is of those that entail) the granting of housing or other supplementary benefits must also be credited that the grant shall be sufficiently fulfilled. The established requirements shall be subject to the verification of the competent authorities."

Art. 6° - Please note in the amount of PESOS DIEZ ($ 10) the amount of the retributive rate of services for the renewal of precarious residence provided for in article 2 (b) of Decree No. 1055 of 29 December 1995 and article 19 (h) of Decree No. 1207/89. Art. 7° - Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM.-Jorge A. Rodriguez. - Carlos V. Corach. - Roque B. Fernández.