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Law Of The National Society Of The Red Cross Functioning And Organization Of The Argentine Red Cross

Original Language Title: LEY DE LA SOCIEDAD NACIONAL DE LA CRUZ ROJA FUNCIONAMIENTO Y ORGANIZACION DE LA CRUZ ROJA ARGENTINA

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image start infoleg site The Ministry of Justice and Human Rights
LAW OF THE NATIONAL SOCIETY OF THE RED CROSS

Act 27547

Provisions.

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

LAW OF THE NATIONAL SOCIETY OF THE RED CROSS

TITLE I

OPERATION AND ORGANIZATION OF THE ARGENTINE RED CROSS IN CONNECTION WITH THE NATIONAL STATE

PRELIMINARY PROVISIONS

Article 1 °-Red Cross Argentina is a society of voluntary relief, auxiliary of the public authorities in the humanitarian field, with the character of civil association of common good and not for profit, with unique legal personality and private law. Acts, in all circumstances, in accordance with its statutes and regulations approved by the competent authorities, the Geneva Conventions of 1949 and its Additional Protocols, the statute and regulations of the International Movement of the Cross Red and Red Crescent, and resolutions adopted by the International Conference and the Council of Red Cross and Red Crescent Delegates.

The Argentine Red Cross is recognized as the only National Society of the Red Cross or Red Crescent in the Republic of Argentina.

Article 2 °-This law aims to regulate the legal link of Red Cross Argentina with the national state and to establish the necessary conditions and guarantees for the development of its humanitarian actions, activities and programs in assistance to the public authorities, in times of peace, such as armed conflicts or internal disturbances.

Article 3 °-Red Cross Argentina will collaborate with the authorities of the national state, the provinces, the Autonomous City of Buenos Aires and the municipalities that will convene it, in situations of disasters or public emergencies, in time of peace or in armed conflict, making available its human and material resources, its technical and expert teams in emergencies and disasters for the benefit of all people who are in a state of vulnerability.

The public authorities will have to respect at all times the adherence of the National Society to the Fundamental Principles of the International Red Cross and Red Crescent Movement.

Article 4 °-Argentine Red Cross is authorized to carry out humanitarian activities throughout the territory of the Argentine Republic, respecting the principle of non-discrimination by gender, ethnicity, religious or political beliefs, nationality, social or economic situation, age, abilities or physical characters.

The authorised activities are linked to:

a) The reduction of the risk and the community and institutional preparedness for emergencies and disasters, and the organization of relief in favor of victims of these situations, under the direction of the public authorities designated by the National System Comprehensive Risk Management established by law 27.287. For the implementation of these activities, they may, if necessary, require, receive and administer the international assistance provided by the International Federation of the Red Cross, and must report to the National Council for Management Comprehensive Risk and Civil Protection any such request.

(b) the organisation of the relief in the situation of armed conflict in favour of civilian or military victims, in accordance with the provisions of the 1949 Geneva Conventions and their Additional Protocols, and other international instruments of that Argentina is a signatory.

c) The protection of life; the prevention of diseases and the promotion of health.

d) The construction of individual and community capacities contributing to human, social and economic development.

As an auxiliary organization of the public authorities in the humanitarian field, Red Cross Argentina will carry out these activities by coordinating the actions with the areas of the Executive Branch that fulfill their related functions, in order to articulate them in the emergency or disaster situations in the various territories where their intervention is required, and in the framework of the legislation in force for each case.

Article 5 °-The Argentine Red Cross is also authorized to carry out the following activities, in accordance with the national and provincial regulations in force:

a) Those linked with the help to meet the basic needs and the relief of the suffering that the lack of these causes.

b) The dictation and certification throughout the country of courses of rescue, first aid, cardiopulmonary resuscitation (CPR) and maneuvers of unclogging of airways.

c) Training and training at the middle and higher level for occupational development in the area of health and risk management of emergencies and disasters.

d) Training and training for rescue, rescue and assistance in water; medical-care benefits.

e) Those linked to prevention, and health care (rescue) in mass, public or private events.

f) The management of social care centres, day centres and residences.

(g) Health transport and transport adapted to persons with reduced mobility.

h) Planning, monitoring and evaluation of public and private programs and policies for intervention and social responsibility.

i) Advice and consultancy in health, education, social development, risk prevention, emergencies and disasters.

(j) Telephone service of the service of home or similar assistance.

k) Those linked to social-affective containment for girls and boys, older adults, persons with disabilities.

(l) All those which are consistent with their object and are covered by the rules governing their activity.

Article 6 °-Red Cross Argentina uses as an emblem a red cross in white background, formed by two lines, a horizontal and a vertical, that are cut in the center and do not touch the edges of the flag or shield and the name Red Cross Argentina, such as inserted in the annex accompanying this law.

It is authorized to make use of its distinctive emblem for all purposes foreseen under the Geneva Conventions of 1949 and its Additional Protocols and the Resolutions adopted by the International Conference of the Red Cross and the Crescent Red, including the 1991 Regulations on the Use of the emblem by National Societies and applicable national rules.

The use of the emblem for the purpose of indicating that a person or a good has a link with that institution is covered by the terms of law 22,362.

In all cases, Red Cross Argentina must act in accordance with the "Regulations on the Use of the Red Cross and Red Crescent Emblem by National Societies", adopted by the 20th International Conference of the Red Cross and the Media Red Moon.

Article 7 °-The emblem and the name mentioned above are considered as full rights registered with the National Institute of Industrial Property to all legal effects, considering in consequence all the formalities and other requirements laid down by the current or future rules of application, without any further processing

The National Institute of Industrial Property, or the authority that will replace it in the future, will not be able to register or recognize any trademark with the distinctive Red Cross Argentina or any other that is similar or likely to induce error. The natural or legal persons who have previously registered them must be intimated that, within a period not exceeding one (1) year since the entry into force of this law, they will be able to adapt their conduct to the provisions of this law. The National Institute of Industrial Property shall, without prejudice to the consequences referred to in this and other implementing rules, immediately declare the expiry of the registration. which would eventually have been made.

Article 8 °-Any use of the emblem of the red cross or other distinctive emblems protected under the Geneva Conventions of 1949 and its Additional Protocols outside those provided for in these international instruments, is prohibited and shall be sanctioned in accordance with the provisions of the special laws.

Article 9 °-Establish that the proceeds of the fines and the sales provided for by Articles 31 and 34 of Law 22,362, will become part of the patrimony of Red Cross Argentina.

TITLE II

VOLUNTEERING ON THE RED CROSS

Article 10.-The provision of services of the Red Cross Argentina volunteer is covered by law 25,855 or in which in the future it replaces or modifies it, adapting such activities to the strategic plans and modalities The institution's operational. Volunteers develop their work for their free determination, in a free, altruistic and supportive way without receiving remuneration, salary or consideration and the relationship they maintain with Red Cross Argentina is alien to the scope of the labour law and social welfare provision.

Article 11.-The activities of the voluntary persons of Red Cross Argentina shall enjoy the following considerations:

a) The condition of the Red Cross Argentina volunteer will not be considered incompatible with any activity, nor harmful to the person who exercises it.

b) The activity of the Red Cross volunteer Argentina will be exempted from any harm, be it economic, labor or conceptual. The employer shall retain the employment of the employee or public employee from the date of his or her call and until his return after having ceased his participation as a volunteer, subject to the limitations of points (c) and (d) of this Article. The length of time as a volunteer will be considered as a period of work for the purposes of the computation of its seniority in the face of the benefits that the Law of Labor Contract 20,744, the Framework Law of Regulation of Public Employment 25.164, professional statutes or collective bargaining agreements would have been for you to have provided services.

(c) Inassists based on pedagogical function in the event of a call for training systems must be formally justified and may not exceed five (5) days per calendar year.

(d) Before emergencies of a local, provincial or national jurisdiction in which the resources of Red Cross Argentina will be called, in the period between the official call and the return of the resources to their respective bases, the Argentine Red Cross volunteers will be considered as mobilized and their employment status, as a public charge for their employers. This period shall not exceed 10 (10) days per calendar year and shall be formally justified.

TITLE III

COOPERATION WITH THE NATIONAL STATE AND GOODS OF RED CROSS ARGENTINA

Article 12.-They shall be non-enforceable and unenforceable:

(a) The funds originated in those donations governed by Article 87 (c) of Law 20,628 (ordered text Decree 649/1997 and amending).

b) The heritage of Red Cross Argentina.

Article 13.-The national executive branch may authorize the Ministries of Justice and Human Rights, Defense and Transportation to conclude, by direct hiring, and without charge for the national State, agreements of technical cooperation and financial with Red Cross Argentina, who will act as Ente Cooperador del Estado Nacional in the framework of the System of Technical and Financial Cooperation under Law 23.283 and concordant, which will have the purpose of propending the best the operation and modernisation of the infrastructure, technology and operational methods of the Ministry to be authorized, cooperating mainly in the field of prevention, humanitarian assistance, awareness, dissemination, good practices, training and education.

Article 14.-The powers that Law 23.283 confers on the current Ministry of Justice and Human Rights and the National Directorate of the National Records of the Self-Motor Property and of Proprietary Credits, shall be exercised, as appropriate, by the ministries and/or entities that in the framework of this law are authorized to implement technical and financial cooperation with Red Cross Argentina.

Article 15.-The national executive branch, the ministries and agencies authorized for this purpose shall dictate the rules that are necessary for their proper implementation, and are authorized to create and establish the procedures, forms and relevant tariffs that guarantee a sustainable system, being reached by the controls established in law 24,156.

Article 16.-Red Cross Argentina shall enjoy the following benefits, without prejudice to those already granted or in the future granted:

a) The gratuitousness of their actions in the judicial processes to which they attend in character as an actor.

b) The allocation of free advertising spaces in the media that make up the Federal System of Public Media and Content, in the amount and proportion that is regulated. The messages that may be issued in these spaces shall be intended for the dissemination of public good campaigns for the collection of funds and those related to the activities provided for in Articles 4 and 5 of this Law.

c) The exemption from payment of the toll fee for vehicles and ambulances belonging to Red Cross Argentina at the charging stations corresponding to the National Road Network.

TITLE IV

TAX EXEMPTIONS

Article 17.-Eximese a Cruz Roja Argentina payment of the import duty and the rates of statistics, for port services and check of destination that tax the import for consumption of the inputs, materials of assistance, equipment relief, medicinal products, vehicles and other means of transport, food, goods of first necessity or other goods which are required to carry out the activities described in Article 4 of this Law; and of the tax on credit and debits in bank accounts and other operations corresponding to movements carried out in accounts used exclusively for the development of your business.

TITLE V

FINAL PROVISIONS

Article 18.-Amend Article 7 of Law 27.287, which shall be worded as follows:

" The Presidency of the National Council for Integral Risk Management and Civil Protection will be exercised by the national executive branch and will be composed of the bodies, partitions and civil society organizations mentioned in the Annex to this Law, without prejudice to those which are included in the future. "

Article 19.-The following text is added to the Single Annex of Law 27.287: "Red Cross Argentina".

Article 20. This law shall enter into force on the day of its publication in the Official Gazette of the Nation.

The Executive Branch shall regulate this law within a period of not more than one hundred and eighty (180) days of sanctioned.

Article 21.-Law No 2976.

Article 22.-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 MAY OF THE YEAR TWO THOUSAND TWENTY.

REGISTERED UNDER NO 27547

CRISTINA FERNÁNDEZ DE KIRCHNER-SERGIO MASSA-Juan P. Tunessi-Eduardo Cergnul

NOTE: The Annex/s that integrates this (a) Law are published in the web edition of the BORA -www.boletinofficial.gob.ar-

ê 08/06/2020 N ° 22558/20 v. 08/06/2020

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ANNEX

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IF-2020-33625832-APN-DSGA#SLYT