National Agency For Controlled Materials

Original Language Title: AGENCIA NACIONAL DE MATERIALES CONTROLADOS CREACION

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image start infoleg site The Ministry of Justice and Human Rights
NATIONAL AGENCY FOR CONTROLLED MATERIALS

Law 27192

Creation.

Sanctioned: October 07, 2015

Enacted: October 19, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

NATIONAL AGENCY FOR CONTROLLED MATERIALS

Chapter I

From the National Agency for Controlled Materials

ARTICLE 1- Creation. Create the National Agency for Controlled Materials, decentralized in the field of the Ministry of Justice and Human Rights of the Nation, with financial economic autarquia, own legal personality and capacity to act in the field of public and private law.

ARTICLE 2- The National Agency for Controlled Materials will have as its mission the implementation, control and oversight of the National Arms and Explosives Law, 20,429, and its complementary and amending rules and other implementing regulations, as well as the cooperation in the development of a criminal policy in the field, the development and implementation of policies for the prevention of armed violence and all those functions assigned to it by this law.

ARTICLE 3- Delegations. The National Agency for Controlled Materials may constitute delegations throughout the Argentine territory. The delegations shall represent the National Agency for Controlled Materials, and shall have the powers, responsibilities and responsibilities arising from the organizational-functional structure to be established by the regulations.

ARTICLE 4 °- Objectives. The objectives of the National Agency for Controlled Materials shall be:

1. The development of registration, control and control policies on materials, acts and natural and legal persons, in accordance with laws 12.709, 20.429, 24.492, 25,938, 26.216, their complementary and amending laws.

2. The development of policies aimed at reducing the circulation of weapons in civil society and preventing the effects of armed violence, contemplating the realization of public communication campaigns.

3. The development of policies aimed at the destruction of controlled materials that are delivered, kidnapped, seized or seized within the framework of laws 20,429, 25,938 and 26.216.

4. The development of positive actions that promote the reduction of violence with firearms, together with other agencies responsible for their prevention.

5. Collaboration in the investigation and criminal prosecution of crimes relating to firearms, ammunition and explosives, assisting the work of competent bodies.

ARTICLE 5- Functions and attributions. The functions and powers of the National Agency for Controlled Materials shall be:

1. Register, authorize, control and supervise any activity related to the manufacture, marketing, acquisition, transfer, transfer, holding, carrying, use, delivery, protection, destruction, introduction, departure, import, transit, exports, kidnappings, seizures and seizures; carried out with firearms, ammunition, gunpowder, explosives and related materials, special purpose materials, and other controlled materials, their users, manufacturing facilities, storage facilities, and marketing; according to the classification of materials controls in force, within the national territory, with the sole exclusion of weapons belonging to the armed forces.

2. Manage the National Bank of Controlled Materials and the network of deposits that form part of it.

3. To carry out the destruction, with exclusive and exclusive character throughout the national territory, of all material controlled within the framework of laws 20,429, 25,938, 26.216, its complementary, amending and extended.

4. Determine the methods and procedures for the destruction of controlled materials, ensuring their effectiveness, efficiency and sustainability in relation to the environment.

5. To carry out a single registration of information in accordance with Article 7 of this Law and as provided for in the current regulations.

6. Conform and maintain an updated national data bank as provided for in Article 7 of this Law.

7. To carry out awareness and awareness programs on disarmament and control of the proliferation of firearms in society, which promote the culture of non-violence and the peaceful resolution of conflicts.

8. To conduct campaigns to regularize the situation of persons who have firearms, controlled materials and related activities under their power.

9. Organize and teach training courses and seminars to national, provincial and local technicians and officials whose performance is linked to the subject. Also, train civil society organizations, universities, territorial organizations, neighborhood, press, national or international organizations.

10. Establish systems of citizen control for the authorizations that the agency grants, especially considering mechanisms that contribute to the prevention of gender-based violence.

11. Ensure the publicity of their decisions, including the background on which they were taken and the statistics produced on the subject by dissemination on the website of the agency, without prejudice to all the complementary communication which can be used.

12. To carry out periodic statistical surveys of facts, subjects and activities related to firearms and explosives, and to provide this information to the agencies responsible for designing and implementing strategies for the pursuit of of illicit trafficking and other activities with controlled materials that endanger the lives and integrity of persons.

13. Carry out policies for the exchange of information regarding regulations and processes, as well as good practices in the field with agencies of other countries or international organizations within the framework of cooperation "

14. To carry out research programs on the arms market and the use of firearms and their consequences, among other aspects related to the subject that may be relevant to the adoption of strategic policies.

15. Evaluate and analyze the effectiveness of the technical and legal norms and make proposals for modifications to the corresponding organs.

16. Evaluate the results of public policies that are implemented in the sector and disseminate their conclusions.

17. All those that correspond to it according to the laws of 20.429, 24.492, 25.449, 25,938, 26.138, 26.216, 26,971, its modifications, complementary and related regulations, as well as those that in the future are dictated in this respect.

ARTICLE 6- National plan. The National Agency for Controlled Materials shall formulate, implement, evaluate and coordinate actions addressed to each of the objectives set out in Article 4.

Chapter II

From the Single Register of Controlled Materials

ARTICLE 7- Single Record of Controlled Materials. In compliance with the registration requirements of laws 20.429, 24.492, 25,938, 26.216 and other supplementary regulations, the National Agency for Controlled Materials shall administer a single register, which shall include at least the following information:

(a) natural and legal persons covered by the legislation in force;

(b) Controlled materials;

(c) Facilities and establishments;

(d) authorised, rejected and observed acts;

(e) Sanctions applied;

(f) Controlled or seized and seized materials;

(g) Controlled materials that have been removed, lost and are being hijacked;

(h) Controlled materials destroyed.

It shall also establish and maintain an updated national data bank which includes the information recorded above, and information on the controlled materials belonging to the security forces and the penitentiary services of federal and provincial jurisdiction.

Chapter III

Of the resources

ARTICLE 8- Tariffs and fees. The National Agency for Controlled Materials shall establish a level of tariffs and a level of level to serve the administrative and technical services to be provided in accordance with the provisions of this Law and its regulations.

ARTICLE 9- Operational resources. The operational resources of the National Agency for Controlled Materials shall be as follows:

1. Budget items allocated by the budget law or special laws.

2. Budget items with specific affectation assigned by the budget law derived from the fees, duties, contributions, fines and other administrative services resulting from their action.

3. Donations, contributions, subsidies, contributions not remolabers and legacies received and accepted, in money or in kind, from official or private entities, local or foreign, except for those who for their activity and/or They are either under the control of the ANMAC or may be in the future, which cannot be accepted.

4. Any other income not provided for in the previous incisos, compatible with the nature and purposes of the organism.

ARTICLE 10.- Collection and remnant. The proceeds of services, fees, duties, fines, donations, other income and sums to be determined in the general budget of the Nation will be exclusively affected by compliance with this law and its regulations. The remainder of the funds not used for an financial year shall be carried over to the year following year.

ARTICLE 11- Heritage. The National Agency for Controlled Materials shall have an integrated heritage with the following assets:
1. Those acquired until the date of the sanction of the present, which are incorporated into the national State with affectation to the National Register of Arms.
2. Those acquired by the National Agency of Controlled Materials subsequently in accordance with the provisions and laws applicable to it.

Chapter IV

From the Executive Director

ARTICLE 12.- From the Executive Director. The management, administration and representation of the National Agency of Controlled Materials will be in charge of a (1) executive director who will have the rank and hierarchy of secretary of state, and will be appointed by the national executive branch.

ARTICLE 13.- Duties and duties of the Executive Director. The Executive Director of the National Agency for Controlled Materials shall have the following duties and duties:

1. To exercise the representation, management and general administration of the National Agency for Controlled Materials, by signing the relevant administrative acts.

2. To approve the Strategic Plan of the National Agency for Controlled Materials and the Plan of Action for the Prevention of Armed Violence, to which it will have to request the collaboration and assistance of the Coordination Committee of the Control Policies of Firearms and the Advisory Council of the Control of Firearms Policies, as established by law 26.216.

3. Represent the national state or designate suitable personnel for its representation, in all those processes that develop before judicial or arbitral tribunals, or before bodies with jurisdictional powers in which cases of competence of the National Agency for Controlled Materials, as well as to appear as part in criminal cases in order to comply with the National Law on Arms and Explosives, 20.429, and other applicable legislation.

4. To dictate the regulatory standards necessary for the operational functioning of the body.

5. Any other attribution necessary for the performance of the functions of the body.

Chapter V

From the National Fund for the Promotion of the Prevention of Armed Violence Policies

ARTICLE 14.- Creation. Create the Fund to Promote the Prevention of Armed Violence Policies (FPVA) in the field of the National Agency for Controlled Materials, which will be composed of:

(a) 20% (20%) of budget items with specific affectation allocated by budget law resulting from the fees, duties, contributions, fines and other administrative services arising from their action;

(b) the resources from donations, legacies, subsidies or prizes that specify the integration of the Fund as a destination;

c) Any other contribution to be made by the State.

ARTICLE 15.- Purpose. Establish that the purpose of the Fund to Promote the Prevention of Armed Violence Policies will be the financing of:

a) Programs aimed at reducing the use and proliferation of firearms, reducing accidents and acts of violence caused by the access and use of firearms, raising awareness about the risks of the possession and use of arms, and promoting the peaceful resolution of conflicts;

(b) Training institutions of education at all levels, initial, primary, secondary, tertiary, university, public and private; state, national, provincial, municipal, public and private organizations; civil society, aimed at the prevention of armed violence and the promotion of a culture of peace;

(c) Research programmes on the arms market and the use of firearms and their consequences, inter alia, on matters which may be relevant to the adoption of strategic policies;

(d) organisational activities of the Advisory Council on Firearms Control Policies set up by Law 26.216;

e) Requirements of the National Agency for Controlled Materials for the implementation of policies for the prevention of gun violence.

ARTICLE 16.- Action Plan . Annually, the National Agency for Controlled Materials will develop a Plan of Action for the Prevention of Armed Violence, financed by the Fund to Promote the Prevention of Armed Violence Policies, which will be requested by the National Agency for the Prevention of Armed Violence. collaboration and assistance of the Coordination Committee for the Control of Firearms and the Advisory Council of the Control of Firearms Policies, as established by law 26.216. It may be revised and adjusted quarterly in accordance with its development.

ARTICLE 17.- Prohibition. In no case shall the resources of the Fund for the Promotion of the Prevention of Armed Violence Policies be able to finance expenditure for purposes other than those provided for in Article 15 of this Law.

Chapter VI

Of the staff

ARTICLE 18.- Bans. Without prejudice to current legal and regulatory provisions, the personnel of the National Agency for Controlled Materials shall be subject to the following prohibitions and incompatibilities:

a) The personnel of the National Controlled Materials Agency will not be able to develop lucrative or commercial activities with controlled materials, nor to exercise representation or to make representations to the benefit of the business sector responsible for the themselves;

(b) Those who have developed any of the activities referred to in the preceding paragraph and who are appointed personnel of the National Agency for Controlled Materials shall refrain from taking action on particularly related matters. with the persons or matters to which they have been linked for a period of three (3) years from their entry;

(c) the persons who have developed, in the three (3) years prior to taking up their duties, gainful or commercial activities shall not participate in the integration of the management bodies of the National Controlled Materials Agency; controlled materials or have been represented or made representations for the benefit of the business sector responsible for them;

(d) Those who have integrated the management bodies of the National Agency for Controlled Materials are disabled for a period of three (3) years from their departure from the post for the development of the activities referred to in the precedent.

Failure to comply with any of the provisions listed above shall be the cause of exoneration, without prejudice to any administrative or civil criminal proceedings which may be appropriate.

ARTICLE 19.- Of industrial relations. The personnel of the National Agency for Controlled Materials shall be governed by the provisions of Law 24.185 and Law 25.164 and its complementary and amending rules.

Chapter VII

Additional provisions

ARTICLE 20.- Organisational structure. The national executive branch within one hundred and eighty (180) days will establish the organizational structure.

ARTICLE 21.- Incorporation of staff. Incorporate into the personnel plant of the National Agency of Controlled Materials, in the framework of Law 25.164, to whom, at the date of entry into force of this law, they would perform functions in the National Register of Arms and would have been contracted in the framework of laws 23.283 and 25.164. Such staff will be respected for the current employment benefits and conditions.

ARTICLE 22. - Compensation. The staff employed under Law 23.283, who at the date of entry into force of this law, were in compliance with the National Register of Arms and did not accept to be incorporated into the plant of the National Agency of Controlled Materials, it shall be entitled to receive the corresponding compensation for termination of work in accordance with the provisions of Law 20.744, which shall be awarded by the Fund for Technical and Financial Cooperation provided for in Article 8 of the Law 23.283.

ARTICLE 23.- Transfer. Transfer all the assets, current budget, assets, assets, personnel and selection processes: in the process of the current National Register of Arms to the National Agency of Controlled Materials.

ARTICLE 24.- Balances. Once the debts currently maintained by the cooperating entity that have been authorized in accordance with the current regulations have been cancelled, the balances resulting from the technical and financial cooperation fund will be entered into the Rentas account. General Treasury of the Nation, which will generate the corresponding budget items with specific affectation to the National Agency for Controlled Materials.

ARTICLE 25.- Derogations. Repeal Law 23,979, and Chapter VII (Articles 43 and 44) of the Arms and Explosives Act, 20,429.

Chapter VIII

Transitional provisions

ARTICLE 26.- References to those rules that make mention of the National Register of Arms, their competence or their authorities, shall be deemed to be made to the National Agency for Controlled Materials, their competence or their authorities, respectively.

ARTICLE 27.- Instruct the Chief of Staff of Ministers to use their powers to carry out the budgetary restructurings that are necessary for the purpose of allocating the appropriations, charges and any other adequacy necessary for the financing of the National Agency for Controlled Materials.

ARTICLE 28.- Grant a maximum period of one hundred and eighty (180) days for the adequacy of the current system and the implementation of all the provisions of this standard.

ARTICLE 29.- Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SEVEN DAYS OF OCTOBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27192-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Marta A. Luchetta.