ESTABLISHMENT OF THE PUBLIC TRUST FUND
Direct Assistance Fund to Victims of Trafficking-Law 26.364.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Law of Creation of the Public Trust Fund
Direct Assistance Fund for Victims of Trafficking-Law 26.364
Article 1-Create the Public Trust Fund called the "Fund for Direct Assistance to Victims of Trafficking-Law 26.364", which will be established as a Management Trust for direct assistance to victims of the crime of trafficking and exploitation of persons, in accordance with the provisions of Article 27, second paragraph, of that law, its amendment, and its regulatory decree 111 of 26 January 2015.
The assets of the "Fund for Direct Assistance to Victims of Trafficking-Law 26.364" will not be computed for the calculation of the resources of the National Budget and are of an extra-budgetary nature according to the specific destination established in the Article 27, second paragraph, of Law 26.364 and its amendment.
Art. 2 °-For the purposes of this law, the following terms shall have the following meaning:
a. Fiduciary: It is the national state, as soon as it transfers the trust property of the fideicomitides to the fiduciary with exclusive and irrevocable destination to the fulfillment of the present law and the respective Trust Contract.
b. Fiduciary: It is a Nation Trusts S.A., as an administrator of the goods that are transferred in trust with the exclusive and irrevocable destination that is established in this law, in accordance with the guidelines established in the Trust and instructions provided by the Executive Unit.
c. Beneficial: They are the victims of the crime of trafficking and exploitation of persons.
d. Trustee: The national state shall be the final recipient of the funds belonging to the "Fund for Direct Assistance to Victims of Trafficking-Law 26.364", in the event of its extinction or liquidation, which shall be directed to direct assistance to victims of the crime of trafficking and exploitation of persons.
e. Executive Unit: The Executive Unit is in charge of providing instructions and/or prior authorization of the activities carried out by the trustee and shall carry out its follow-up. In all cases the instructions shall respect the decision of destination of the goods indicated in each case by the Federal Council for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance to Victims, which works in the field of the Chief of the Cabinet of Ministers.
The national executive branch will implement the necessary measures to ensure that, through the Ministry of Justice and Human Rights, technical support is provided that the Executive Unit requires.
f. Fideicomítidos assets: The liquid funds seized and those that constitute the production of the sale of the seized goods in processes related to the crime of trafficking and the exploitation of persons and the laundering of assets from such unlawful acts whose judgment is firm or, failing to be established, when the judge of the case authorizes the sale, in accordance with the purpose laid down in the second paragraph of Article 27, of Law 26.364, its amendment, its decree Regulation and its accompanying rules.
Article 3-The resources of the "Fund for Direct Assistance to Victims of Trafficking-Law 26.364" shall be used, in accordance with the purpose laid down in the second paragraph of Article 27 of that Law, for direct assistance to victims of the crime of trafficking and exploitation of people.
In those cases, the direct assistance to the victims and the reparations provided for in Article 6 of Law 26.364 could not have been satisfied with the goods seized from the sentenced person in the respective cause, the Federal Council for the Struggle Against Trafficking and Exploitation of Persons and for the Protection and Assistance to Victims, it shall use the resources of the "Fund of Direct Assistance to Victims of Trafficking-Law 26.364" to cover such situations as a matter of priority.
Art. 4 °-When the confiscation of goods subject to registration in the corresponding public records is ordered, the final decision of the competent judicial authority shall be sufficient for the respective section of the registration to proceed with the registration or the transfer of the good in favour of the national State-law 26.364, and to the production of its completion to the Public Trust Fund called 'Fund of Direct Assistance to Victims of Trafficking-Law 26.364' established by Article 1 of the present Act, or the name of the third buyer of the goods in case of sale in order to transmit to the Fund Fiduciary mentioned the produced one. The registration or transfer shall be exempt from the payment of all taxes, fees, duties, stamps or rights of transfer or registration provided by national laws.
In the case of vehicles, vessels, aircraft or other goods which have signs and markings which prevent or prevent their due registration, the relevant authority shall grant a special identification for their individualisation. registration or transfer of the good in favor of the national State-Law 26.364 and destined to the production of its realization to the Public Trust Fund called "Fund of Direct Assistance to Victims of Trafficking-Law 26.364" created by Article 1 of the present, or in the name of the third buyer of the good in case of sale at the end of to transmit to the Trust Fund the production of the Trust Fund. For the assumptions provided for in this paragraph, the payment exemption provided for in the last part of the first paragraph of this Article shall also apply.
The taxes on the goods that are subject to confiscation under this law will not generate any moratory interest during the process and, in that period, the term will be suspended to initiate or continue the tax collection processes. Once the assets have been seized and disposed of, the outstanding tax liability payable on the proceeds of the sale will be cancelled.
Art. 5 °-The "Direct Assistance Fund to Victims of Trafficking-Law 26.364" will last thirty (30) years, counted from the subscription of the Trust Contract. However, the trustee shall retain sufficient resources to meet the outstanding commitments, actual or contingent, which the Fund has taken up to the date of termination of those obligations.
At the end of the period laid down in the first subparagraph, with the exception of that period, all fideicomítd assets which integrate the assets of that Fund at that time shall be transferred to the national State in the form of a trustee, (a) which shall be intended for direct assistance to victims of the crime of trafficking and exploitation of persons.
Art. 6 °-Exxime to the Public Trust Fund established by Article 1 of this Law and the Trustee in its operations relating to that Fund, of all taxes, fees and existing national contributions and to be created in the future. Invite the provinces and the Autonomous City of Buenos Aires to adhere to the exemption of all taxes applicable in their jurisdiction in equal terms to those established in the present.
Art. 7 °-The implementing authority and/or the person appointed in his replacement shall approve the Trust Agreement within thirty (30) days of the approval of the rules of this law.
Art. 8 °-The enforcement authority and/or who is appointed in its replacement shall enter into the Trust Agreement with the Trustee.
Art. 9 °-Any action that is necessary to formalize through public deed will be protocolized through the General Staff of the Government of the Nation, without this implying any erogation.
Art. 10. Fideicomítítidos must be registered, with indication of their destination, in the National Registry of Kidnapped And Seized Goods During the Criminal Process, which works in the field of the Ministry of Justice and Human Rights.
Art. 11. The national executive branch will implement a public consultation site free of charge on the Internet, in order to give publicity to the goods entering the Fund created by the present and its destination, as well as to all the decisions, audits and reports to be carried out in the framework of this law.
Article 12-Substitute Article 27 of Law 26.364 and its Amending, by the following:
Article 27: The General Budget of the Nation shall include annually the items necessary for compliance with the provisions of this Law. In addition, the bodies established by this law may be financed by means of international cooperation agreements, grants or subsidies.
The seizures applied under this law and those originated in causes of laundering of assets arising from the crimes provided for in this standard, will have as a specific destination a Fund of Direct Assistance to the Victims administered by the Federal Council for the Fight Against Trafficking and Exploitation of Persons and for the Protection and Assistance to Victims whose regime will be established by a special law.
The provisions of the second paragraph of this article constitute an exception to the provisions of article 23, sixth paragraph in fine, of the Penal Code of the Nation.
Art. 13.-Incorporate as Article 28 of Law 26.364 and its modification, the following:
Article 28: In cases of trafficking and exploitation of persons, the sentence or equivalent judicial decision, granting the suspension of the trial, admitting the agreement of the abbreviated trial or the confiscation without conviction, must order the economic refunds which correspond to the victim, as a measure intended to replenish things to the state prior to the commission of the crime.
To this effect and in order to ensure that the judgment that provides the refunds and other economic reparations to the victim is effective, the magistrates or officials of the Judicial Branch of the Nation or the Public Prosecutor's Office, shall, at the first possible opportunity, identify the assets of the imputed and request or take, where appropriate, all precautionary measures which are necessary and effective, according to the nature of the good, to ensure adequate satisfaction of the such responsibilities.
Refunds and other economic reparations which are ordered under this Article shall not prevent victims from obtaining an integral compensation for the damage caused by the offence, by means of the exercise of civil action. corresponding.
Article 14.-Substitute Article 27 of Law 25.246 and its Modifiers, by the following:
Article 27: The development of the activities of the Financial Reporting Unit (FIU) should be financed by the following resources:
a. Amounts determined in the General Budget of Expenditure and Calculation of Resources of the National Administration within those assigned to the Ministry of Finance.
b. Resources that under any title receive from public, private, national and international agencies.
In all cases, the production of the sale or administration of the goods or instruments arising from the offences provided for in this law and of the seizures ordered in its consequence, as well as the profits obtained illicitly and the (a) a special account of the national treasury shall be made, with the exception of the provisions laid down in the last paragraph of this Article, of any fines imposed as a result. These funds will be affected to finance the operation of the Financial Reporting Unit (FIU), the programs provided for in Article 39 of Law 23.737 and its modifications, health and labor training, as established by the relevant regulations.
The money and other assets or resources seized by the commission of the crimes provided for in this law will be handed over by the intervener to a special fund to be established by the national executive branch.
Such a fund may manage the assets and dispose of the money in accordance with the above, with the responsibility for the return to whom it corresponds when a firm judicial decision is in dispute.
Exempt from the provisions of this Article are the seizures ordered in the cases of laundering of assets whose illegal precedent is related to the trafficking and exploitation of persons, in which case the seizures will have as their specific destination the Fund for Direct Assistance to Victims established in the second paragraph of Article 27 of Law 26.364 and its amendment.
Art. 15. The expenses incurred by the implementation of this law shall be incurred by the Trust established by Article 1 of this Law.
Art. 16.-Twenty percent (20%) of the funds that enter the Trust created by this law will be affected to deal with claims that may arise in relation to the assets seized.
Art. 17. The liquid funds seized or obtained from the production of the sale of goods seized in court cases for violation of Law 26.364 and its modifications that, at the time of the entry into force of this law, are found At the disposal of magistrates of the Judiciary of the Nation, they must be transferred to the Fund created by Article 1 ° of this law within the deadline of thirty (30) days of being operational.
Art. 18. This law shall enter into force on the day following that of its publication in the Official Gazette.
Art. 19.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 26 JUNE 2019
REGISTERED UNDER NO 27508
MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi
e. 23/07/2019 N ° 53442/19 v. 23/07/2019