Advanced Search

Law N ° 12.665. Modification. National Commission Of Monuments, Places And Historical Assets. Creation.

Original Language Title: Ley N° 12.665. Modificación. Comisión Nacional de Monumentos, de Lugares y de Bienes Históricos. Creación.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.


Law 27.103

Law No 12.665. Amendment. National Commission for Monuments, Places and Historic Goods. Creation. Sanctioned: December 17, 2014 Enacted in Fact: January 20, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-Substitute Article 1 of Law 12.665 by the following: ' Article 1 °.-Create the National Commission on Monuments, Places and Historical Goods, which continues the National Commission of Museums and Monuments and Historic Places, dependent on the body determined by the national executive branch. '

ARTICLE 2-Incorporate, following Article 1 (1) of Law 12.665, as Article 1 (a), the following: ' Article 1 °.-bis: The National Commission shall be composed of a president and ten (10) vowels, appointed by the national executive branch, which shall: they will last for six (6) years, and can be re-elected. '

ARTICLE 3-Incorporate, following Article 1 (1) of Law 12.665, as Article 1 ° ter the following:

Article 1 (b): The powers of the committee shall be: (a) to exercise the immediate superintendence on the national monuments, places and historical goods and other goods protected under this law, in concurrency with the respective local authorities, in the case of monuments; (b) Propose to the national executive branch the declaratory of national monuments, places and historical goods, and other goods protected in the terms of this law, indicating precisely the Perimeter of the protected area according to the classes set out in this Law; to review and update criteria and guidelines for the selection, classification and assessment of monuments, places and protected goods; (d) At the request of the National Congress, appoint experts to evaluate the artistic historical merits, architectural, industrial or archaeological sites of the monument, place or subject to opinion, who shall issue their opinion in writing, non-binding, within the time limit set by the committee. This opinion will be endorsed by the commission; and) Designate delegates based on a binding list submitted by the provincial governments and the Autonomous City of Buenos Aires, with a seat in the respective districts, and by themselves, local subdelegates,

Page 1

(f) Organising mechanisms for regional and federal representation; (g) Establishing "buffer areas" in the area of monuments, coordinating with the local authority the urban restrictions which would be necessary for (h) To establish the scope and limits of the protection inherent in each declaratory; (i) to recommend to the Executive Branch that the declaration of public utility of the real estate that so warrants be sent to the National Congress; public register of goods protected by their class; (k) Intervenir with prior character and binding in any transaction, transfer of domain, lien or other modification of the legal status of a protected property; (l) Intervenir with a prior and binding character, approve or reject, and supervise any material intervention on the goods (m) Propose to the national government the acquisition of property of private persons when it is in the public interest its entry into the domain of the national state; n) to carry out or sponsor publications of the materials of its competence; or Organize, sponsor or participate in congresses, seminars, meetings, conferences, programs (p) Propose to the national executive branch the acceptance of inheritances, legacies and donations related to the subject of this law; (q) Accept and receive subsidies and contributions in money or in (r) To conclude cooperation agreements with public or private entities, national or international, governmental or non-governmental.

Article 4 °-Substitute Article 2 ° of Law 12.665 by the following: ' Article 2 °.-The monuments, places and protected property, which are owned by the Nation, the provinces, the Autonomous City of Buenos Aires or the municipalities, remain subject to this law in the custody and conservation of the national state and, where appropriate, in concurrence with the local authorities. The National Commission may manage or support the efforts of third parties to public or private bodies, in order to obtain credits to promote the conservation of the declared property in any of its classes. '

ARTICLE 5-Substitute Article 3 of Law 12.665 by the following: ' Article 3 °.-The National Commission may conclude agreements with the owners of the goods declared in order to determine the cooperative way of ensuring compliance with the the patriotic ends of the law. If the preservation of the site or monument implies a limitation to the domain, the Executive Branch shall indemnify the owner in his case, and to the extent of such limitation. '

Article 6-Substitute Article 3 (a) of Law 12.665 by the following: ' Article 3 ° bis.-Ante initiative presented in the Congress of the Nation to declare as protected in the terms of the article 4 ° of this law a property located in any jurisdiction of the Argentine Republic, the prior consultation of the National Commission on Monuments, Places and Historical Goods, which will issue its non-binding opinion, indicating the classification that in its opinion is to be granted and any other scope of the declaratory. '

ARTICLE 7 °-Substitute Article 4 ° of Law 12.665 by the following:

Page 2

Article 4.-It is for the National Commission to keep a public record of the protected goods, which are listed in the following classes: 1. National historical monument. 2. National historical place. 3. National historical population. 4. National historical urban area. 5. Visual buffer area. 6. Well of national historical interest. 7. Well of national artistic interest. 8. Well of national architectural interest. 9. Well of national industrial interest. 10. Well of national archaeological interest. 11. National historical Sepulchre. 12. National cultural landscape. 13. National cultural itinerary.

ARTICLE 8-Substitute Article 5 of Law 12.665 by the following: ' Article 5 °.-Goods protected under the terms of this law may not be sold, taxed or otherwise disposed of by any title or act, nor modified their legal status, without the prior intervention of the National Commission. The National Commission shall deliver its binding opinion within sixty (60) working days from the date on which it or the parties concerned request the authorisation. The exit of the national territory of protected goods, whether movable or immovable property, is expressly prohibited, without the prior intervention and authorization of the National Commission, in the same terms laid down in the paragraph previous. '

ARTICLE 9-Substitute Article 7 ° of Law 12.665 by the following: ' Article 7 °.-The resources for the operation of the National Monuments, Places and Historical Assets Commission shall be constituted by an annual sum imputed to the the general budget of expenditure and the calculation of resources of the national administration corresponding to the body which the national executive branch determines, in the terms of Article 1 of the present. '

ARTICLE 10. -replace Article 8 of Law 12.665 by the following:

Article 8 °.-The person who infringes this law through concealment, omission, destruction, alteration, transfer or lien, export or any other material or legal act practiced on protected property shall be fined, whose value shall be established between a minimum of 10% (10%) up to three times the value of the good or the goods which have motivated the sanctioned conduct. For the determination of the fine, the seriousness of the failure committed and the offender's repeat character shall be considered. The amounts collected as a fine shall be allocated to the budget items allocated to the National Commission. The fines provided for in the preceding paragraph shall be applied provided that the fact is not covered by the criminal type set out in Article 184 (5) of the Criminal Code. In case of total or partial alteration of facades or other areas of maximum protection of a building declared a national historical monument, or of a substantial part of any other well protected under this law, the owner, at its cost, must be returned to its original state in a period of time established by the National Commission. If such time limit is not new, a fine shall be imposed on

Page 3

National Commission, for every day of delay in reconstruction. '

ARTICLE 11. -replace Article 9 of Law 12.665 by the following:

Article 9 °.-The Executive Branch shall regulate this law within the ninety (90) days of its publication.

ARTICLE 12. -Article 4 (a) of Law 12.665 is repealed.

ARTICLE 13. -Contact the national executive branch.



JULIAN A. DOMINGUEZ. -JOHN H. ESTRADA. -Lucas Chedrese. -Gerardo Zamora.

Date of publication: 23/01/2015

Page 4