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Incorporated Into The National Legal Order The Decision Of The Council Of The Mercosur Common Market No. 25/2003.

Original Language Title: Incorpórase al ordenamiento jurídico nacional la decisión del Consejo del Mercado Común del Mercosur Nº 25/2003.

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COMMON MARKET IN THE SOUTH

Law 26,800

The decision of the Common Market Council of Mercosur No. 25/2003 was incorporated into the national legal order. Sanctioned: November 21, 2012 Enacted in Fact: December 26, 2012

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

ARTICLE 1-The decision of the Council of the Common Market of MERCOSUR No 25/03, whose authenticated photocopy is added as an Annex, is incorporated into the national legal system for the purposes of Article 40 of the Ouro PRETO PROTOCOL. present law.

ARTICLE 2 °-The rules which are hereby incorporated into force shall enter into force in accordance with the provisions of Article 40 of the PROTOCOL OF OURO PRETO.

ARTICLE 3 °-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-ONE DAY OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO. 26,800-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

ANNEX MERCOSUR/CMC/DEC. Nº 25/03 MECHANISM FOR THE TEMPORARY PROFESSIONAL EXERCISE SEEN: The Treaty of Asunción, the Protocol of Ouro Preto, the Protocol of Montevideo on Trade in Services and Resolution No. 36/00 of the Common Market Group. CONSIDERING: That there is a need to establish rules of a quadripartite nature within the context and objectives of MERCOSUR, to grant temporary licenses to professional service providers, in the States Parties. That the Protocol of Montevideo provides in its Article XI the commitment of States Parties to encourage in their respective territories competent, governmental entities as well as associations and professional associations, to develop standards for the pursuit of professions

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for the granting of licenses and to propose recommendations to the GMC on mutual recognition, considering the education, experience, licenses, license plates or certificates obtained in the territory of another State Party. That these rules should be based on transparent criteria and objectives, ensuring the quality of the professional service, consumer protection, public order, safety and health of the population, respect for the environment and the identity of the States Parties. That the provisions and recommendations should not constitute barriers or restrictions to the provision of a temporary professional service. The aim should be to ensure that the proposed harmonisation minimises the amendment of the legislation in force in the States Parties which have regulation on professional practice and to promote their establishment in the States Parties which do not have This regulation. That each State Party and professionals should be provided with appropriate instruments for non-compliance with the mechanism for the mutual recognition of registration fees for the temporary professional exercise by an entity responsible for the registration and professional supervision of another State Party. That preferential benefits should be sought in the professional exercise for the States Parties to other countries or blocs, while maintaining the criteria of transparency, impartiality and efficiency. That a significant number of the professional entities of the States Parties have been grouped in a natural way by disciplines or grouping of disciplines and have been holding meetings, exchanging information and reaching consensus on the common criteria and procedures for a professional exercise in the region. THE COMMON MARKET COUNCIL DECIDES: Art. 1-Approve the "Guidelines for the Conclusion of the Framework Agreements for Reciprocal Recognition between Professional Entities and the Elaboration of Disciplinary Measures for the Granting Of Temporary Licenses", which consist of as Annex I and form part of this Decision. Art. 2-Approve the "Functions and attributions of the Focal Points of Information and Management", which are listed as Annex II and form part of this Decision. Art. 3-Approve the "System Operating Mechanism", which is listed as Annex III and forms part of this Decision. Article 4-This Decision shall be incorporated into national legal systems, in accordance with the respective procedures of each State Party. XXV CMC-Montevideo, 15 /XII/03

ANNEX I GUIDELINES FOR THE CONCLUSION OF FRAMEWORK AGREEMENTS FOR MUTUAL RECOGNITION BETWEEN PROFESSIONAL BODIES AND THE DEVELOPMENT OF DISCIPLINES FOR THE GRANTING OF TEMPORARY LICENCES-GENERAL PROVISIONS Art. 1-The granting of licenses, license plates or certificates for the temporary provision of professional services within the framework of the Protocol of Montevideo on Trade in Services, will be carried out through the professional bodies responsible for the control and the audit of the professional exercise. The system shall operate in accordance with Annex III. For the purposes of this document, it is understood as professional services provided by university or higher-level professionals, and technical level professionals. Art. 2-The rules and guidelines for the granting of temporary licenses must be common to

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the States Parties. For the purposes of drawing up the common rules, a Working Group shall be established for each profession or group of professions. Article 3-Each Working Group shall be composed of the entities responsible for the audit of the exercise of each profession or grouping of professions, in accordance with the legislation in force in each State Party, or by the national organization that understand them. Where there is no audit delegated to a professional entity, or a national organization legally empowered to understand them, the Services Group, National Section of each State Party shall designate the professional entities that shall conform to the Working Group. Art. 4-The Working Groups shall have as their mandate the elaboration of the guidelines and disciplines for the granting of licenses or tuition for the temporary professional exercise and the Framework Agreements for Reciprocal Recognition between Professional entities, in accordance with the Guidelines set out in item B of this Annex. Art. 5-Professional entities, who wish to constitute a Working Group, will request their recognition as such to the MERCOSUR Services Group. A Working Group shall be set up for each Profession or related professions in recognition of the existing ones. Art. 6-The proposed and agreed proposals in the Working Groups will be considered by the Services Group, which will assess its consistency with the Montevideo Protocol and with the provisions of this Decision, the feasibility of their application, and shall put them into consideration by the GMC for approval. Art. 7-For the implementation of the mechanism, the entities of each State Party, responsible for the audit of the exercise in each profession, will subscribe to the Framework Agreements for Reciprocal Recognition, which will have to be elevated through the Services to the GMC for approval. Art. 8-The Professional Entities that subscribe to the Agreement must comply with the following requirements: (a) be legally responsible for the granting of licenses and license plates for the professional exercise and their audit in their respective jurisdictions; (b) cover the entire territory of the State Party or a substantive part of the territory of that State Party that is considered to be equitable by the entities of the other States Parties. Article 9-Each State Party shall have a Focal Centre by profession or group of professions, which shall constitute the information centre on national rules and regulations and of each of the jurisdictions which make up the Centre. The powers of the Commission are set out in Annex II and are part of this Decision. Art. 10-The Framework Agreements will be applied in accordance with the Montevideo Protocol and the rules of the existing conventions on nationality, residence, domicile, work permit, migration. The applicability of the signed Framework Agreements shall be subject to the existence of bodies in each State Party of registration and audit of the exercise of the professions corresponding to each Framework Agreement, to which the affiliation of the professionals from the respective States Parties are mandatory. Art. 11-Each State Party undertakes to implement the instruments necessary to ensure the full validity of the Framework Agreements, as well as the harmonization of the current legislation, to enable the implementation of the Framework Agreements. the same. Article 12-Each Framework Agreement shall be in force with the accession of entities to audit the professional exercise of two (2) of the States Parties. Once in force, the Agreement shall apply only to States Parties whose audit entities for the business year have acceded to the Agreement. Article 13-At the request of a State Party the present mechanism may be examined and, by common agreement, modified for its improvement. B-GUIDELINES

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For a professional registered in a State Party of MERCOSUR to develop a professional activity in another State Party, each Framework Agreement shall include the following: (a) the need for a contract to develop its activity in the recipient country; (b) common requirements in the four countries for registration in the Temporary Professional Register of the professional audit body of the (c) the requirements for the translation of documents for registration; (d) the criteria of equivalence in the training and its scope or competence and the minimum experience required, to be defined by the Four-party commissions by profession or group of professions, which may be carried out by aptitude tests or (e) the procedures and time limits for communication between the professional bodies of origin and the recipient during the registration and the audit of the institution of the European Union; (f) the grounds for refusal of registration and the appeal procedure; (g) the powers, rights and obligations of the professional in temporary exercise, not being eligible or eligible in the local audit body; express recognition of the professional in respect of disciplinary, ethical and (i) the commitment of the professional to restrict his or her activity exclusively to the provision of the contract and compatible with his professional training, the latter being the subject of the contract, violation of this cause of cancellation of the registration in the Temporary Register; j) the implementation of a code of common ethics for each profession or grouping of professions; k) the application of the procedures in place in the local jurisdiction and the commitment on the part of the respective audit body of a fair and equal treatment (i) the temporary registration shall be up to two years, which may be extended for the same period as a period of time linked to an extension of the contract; (m) not to impose assessments on local knowledge (a) the requirements to ensure the emerging civil liability of the professional exercise; or) the procedure for the settlement of disputes; (p) the establishment of a mechanism of sanctions. Each Working Party may set up commissions by profession, where necessary, in order to contribute to the definition of the criteria of equivalence in training and its powers, scope or competences and the minimum experience required, fitness tests or qualification tests and the requirements for continuing education.

ANNEX II FUNCTIONS AND POWERS OF THE FOCAL POINTS OF INFORMATION AND MANAGEMENT 1-The Focal Centre in each State Party shall be composed of the signatory entities of the Framework Agreements, responsible for the audit of the professional year in question. its jurisdictions, which in addition to the information and management centre shall establish its rules and coordinate meetings and agendas. 2-Each FocaI Centre of a State Party shall carry out at least the following activities: (a) maintain, update information on legislation, regulations and procedures which the entities of that State attached to the Framework Agreement have (b) file copies of the originals of the approval of the Framework Agreement made by the GMC and the Adhesions and inform thereof, keeping the respective information up to date;

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(c) organise and maintain a database with up-to-date information, including, inter alia, the movement of temporary professionals and possible sanctions, on the basis of the information provided by each Entity; with the corresponding Focal Centers of the other three States Parties; and) to have a website where it will be maintained, the required information on applicable laws, regulations and procedures, as well as any other information that the quadripartite body considers appropriate to the fulfilment of the objective of Focal Center. 3. The costs of creating and operating the Focal Centers will be solved by the professional entities.

ANNEX III OPERATION OF MECHANISM (a) Operation of Mechanism 1. In order to provide temporary professional services, the professional duly registered and qualified in his country of origin, must apply for registration in the Temporary Professional Register in the audit body of the Professional Exercise, in whose jurisdiction establishes a contract for the provision of services. 2. The audit entity shall be responsible for the application of the mechanism and for the registration in the Temporary Register of professionals from other States Parties that require it and comply with the previously agreed requirements. 3. Any entity attached shall inform the Focal Center, periodically, the ups, downs, penalties and any novelty in the professional regulations in force in its jurisdiction. 4. The Working Groups shall carry out an Annual Report on the development of professional activity in the region and send it to the GMC, through the Services Group. 5. The Working Groups will continue to make proposals for the improvement of the system to the GMC, through the Services Group. b) Mechanism of Accession to each Framework Agreement The incorporation into each Framework Agreement of audit entities for the professional exercise of a State Party will be requested from the GMC, through the Services Group. To this end, you must present the legal documentation certifying your status as the Body responsible for the Fiscalization of the exercise in the jurisdiction concerned, having the approval of the Working Group and accompanying the copy of the legislation, regulations and procedures applied by that entity in its jurisdiction for the audit of the professional practice, as well as any other related legislation applying to the professional exercise in that jurisdiction. The Fiscalization Entities that adhere must conform to the rules established for the granting of the temporary registration. The Services Group will inform the GMC of its compliance with the order of accession. c) Management of Dispute Settlement The GS will assess the consistency of the Dispute Settlement mechanisms developed by the Working Groups in accordance with Article 4 ° of item A of Annex I, with the regulations in force in MERCOSUR and the feasibility of its implementation. This Dispute Settlement mechanism will be unique to all professions.

Date of publication: 28/12/2012

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