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.

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MONUMENTS and historical monuments and historical places 27.103 law Law No. 12.665. Modification. National Commission of monuments, places and historical assets. Creation. Adopted: 17 December 2014 fact promulgated: January 20, 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: article 1 °-replace is the article 1 ° of the law 12665 by the following: ' article 1 °.-create is the Commission national of monuments, of places and of goods historical, continuation of the Commission national of museums and of monuments and places historical, dependent of the organism that determine the power Executive national.'
Article 2 ° - merge, then article 1 of law 12.665, as article 1 bis, the following: ' article 1 °.-bis: the National Commission will be composed of a Chairman and ten (10) members, appointed by the national executive power, that will last in office six (6) years and may be re-elected.'
(Article 3 °-incorporate is, then of the article 1 ° of the law 12665, as article 1 ° ter the following: article 1 ° ter: are powers of the Commission: to) exercise the Superintendence immediate on them monuments, places and goods historical national and others goods protected in them terms of the present law, in concurrency with them respective authorities local, when is try of monuments places, the domain of provincial or municipal property; (b) propose to the National Executive the Declaration of monuments, sites and national historic property, and other property protected under the terms of this law, indicating precisely the perimeter of the protected area according to the classes referred to in this law; (c) establish, revise and update criteria and guidelines of selection, classification and valuation for them monuments, places and goods protected; (d) at the request of the Congress of the nation, appoint experts to assess the artistic, architectural, industrial or archaeological historical merits of the monument, place either subject to opinion, who issued its opinion in writing, non-binding, the time limit set by the Commission. That opinion shall be endorsed by the Commission; (e) appoint delegates based on a binding list sent by provincial governments and the autonomous city of Buenos Aires, with seat in the respective districts, and, subdelegation premises, advisers professors, honorary and Emeritus; f) organize regional and federal representation mechanisms; (g) establish "buffer areas" in the environment of the monuments, coordinating with the local authority planning restrictions that apply; (h) establish the scope and limits of protection inherent in each declaration; (i) recommend to the power Executive that impulse before the Congress national it Declaration of utility public of the estate that thus it warrant; j) keep a public register of property protected according to their kind; k) intervene with prior and binding character on any transaction, transfer domain, assessment or other modification of the legal status of a protected good; (l) interfere with prior and binding, approve or reject, and monitor all material intervention on protected goods; (m) propose to the national executive power the acquisition of assets of individuals wherever public interest income to the domain of the national Government; (n) perform or sponsor publications of the matters within its competence; (o) organize, sponsor or participate in congresses, seminars, meetings, Conference, journalistic programs and activities of dissemination of its powers; p) propose to the National Executive the acceptance of inheritances, legacies and donations related to the subject of this Act; (q) to accept and receive grants and contributions in cash or in kind; (r) celebrate agreements of cooperation with entities public or private, national or international, governmental or non governmental.
Article 4 - Replace article 2 of the law 12.665 by the following: ' article 2.-landmarks, places, protected goods, that are owned by the nation, the provinces, the autonomous city of Buenos Aires or the municipalities, shall be subject by this law to the custody and preservation of the national State and, where appropriate, in concurrence with local authorities. The National Commission may manage or support the efforts of third parties to public or private agencies for obtaining credits of development for the conservation of the goods declared, in any of your classes.'
Article 5 - replacing article 3 of law 12.665 by the following: ' article 3.-the National Commission may conclude with the owners of the goods declared agreements in order to determine the co-op ensure compliance with of the patriotic ends of the law. If the place or monument conservation including a limitation to the domain, the Executive branch shall indemnify the owner if, and to the extent of such limitation.'
Article 6 - replacing article 3 bis of the law 12.665 by the following: ' article 3 bis.-before initiative presented in the National Congress to declare an asset located in any jurisdiction of the Republic of Argentina, as protected under the terms of article 4 of this law corresponds consultation prior to the National Commission of monuments, places and historical assets , which shall deliver its opinion of a non-binding nature, indicating the classification which in his opinion is granted and all other scope of the Declaration.'
Article 7 - replace article 4 of law 12.665 by the following: article 4 ° to the National Commission to keep a public register of protected goods, set forth in the following classes: 1. national historical monument. 2. national historic site. 3. village historic national. 4. national historical urban area. 5. visual buffer area. 6. well of national historical interest. 7. well of interest artistic national. 8. well of national architectural interest. 9. well of national industrial interest. 10. well of national archaeological interest. 11. national historic grave. 12. national cultural landscape. 13. national cultural route.
Article 8 - replace article 5 of law 12.665 by the following: ' article 5.-the property protected under the terms of this law may not be sold or encumbered or alienated by any title or act, or modified their legal status without the prior intervention of the National Commission. The National Commission shall deliver its binding opinion within a period of sixty (60) working days calculated from the date on which the interested parties request authorization. It is forbidden to the exit from the national territory of protected goods, whether movable or immovable goods by accession, without prior intervention and authorization of the National Commission, in the same terms set forth in the preceding paragraph.'
Article 9 - replace article 7 of the law 12.665 by the following: ' article 7.-resources for the functioning of the National Commission of monuments, places and historical goods will be constituted by an annual amount imputed to the heading of the general budget of expenditures and calculation of resources of the national administration for the body determined by the national executive power , under the terms of article 1 of the present.'
ARTICLE 10. -Replace article 8 of the law 12.665 by the following: article 8 °.-which infringes this Act through concealment, omission, destruction, alteration, transfer or assessment, export or any other material or legal act practised on protected shall be punished by fine, whose value is set between a minimum of ten percent (10%) up to three times the value of the good or goods that have motivated the conduct sanctioned. For the determination of the fine, it will serve to the severity of the foul and the character of recidivist of the offender. The amounts collected in respect of fine will be allocated to budget allocations assigned to the National Commission. Penalties laid down in the preceding paragraph shall be applied provided that the fact found not framed in the criminal rate established in article 184, paragraph 5, of the Penal Code. In the event of partial or total alteration of facade or other areas of maximum protection of a building declared a historic monument national, or of a substantial part of any other protected property within the framework of this law, the owner, at his cost, must restore it to its original state in peremptory period established by the National Commission. Finished this period without incident, shall apply a penalty attached to the National Commission's view, for each day of delay in reconstruction.'
ARTICLE 11. -Replace article 9 of law 12.665 by the following: article 9.-the Executive power will regulate this law within ninety (90) days of its publication.
ARTICLE 12. – Repeal of article 4 ° bis 12.665 law.
ARTICLE 13. -Communicate to the national executive power.
-REGISTERED UNDER NO. 27.103 - JULIAN A. DOMINGUEZ. -JOHN H. ESTRADA. -Lucas Chedrese. -Gerardo Zamora.

Date of publication: 23/01/2015